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Wednesday, March 8, 2006



The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Tuesday, March 7, 2006, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 73, Requesting the Joint Committee on Government and Finance to study the state of employee misclassification in private sector industries of West Virginia,
H. C. R. 74, Designating May 19-21,2006, as "Order of the Arrow Weekend" in the State of West Virginia,
H. C. R. 77, Naming West Virginia Route 2, from Chester, in Hancock County, to Huntington, in Cabell County, the "Purple Heart Memorial Trail",
H. C. R. 78, Requesting the West Virginia Board of Education to establish a pilot program of structured in-school alternatives to enforce the Student Code of Conduct,
H. C. R. 84, Requesting the Joint Committee on Government and Finance to study the process of granting and denying well work permits for the drilling of gas wells near active coal mines,
H. C. R. 85, Interim study relating to preserving the public safety regarding dangerous animal attacks,
H. C. R. 89, Interim study on sludge impoundments and slurry injections,
H. C. R. 91, Requesting the Joint Committee on Government and Finance to study proper and fitting activities to honor Abraham Lincoln,
S. C. R. 15, Requesting Department of Transportation name Division of Motor Vehicles' facility in Williamson, Mingo County, "Tom C. Chafin Division of Motor Vehicles Memorial Facility",
S. C. R. 45, Requesting Division of Highways name bridge at Panther, McDowell County, "Green B. and Margie Blankenship Memorial Bridge",
And reports the same back with the recommendation that they each be adopted.
Chairman Amores, 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. 357, Authorizing Department of Revenue promulgate legislative rules,
S. B. 632, Relating to disclosure of electioneering communications,
And,
S. B. 722, Providing statute of limitations for certain sales by trustee,
And reports the same back, with amendment, by unanimous vote of the Committee, with the recommendation that they each do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com. Sub. for S. B. 357 and S. B. 722) were each taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 773, Relating to certificate of need standards,
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.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 773) to the Committee on Finance was abrogated, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Chairman Stemple, from the Committee on Agriculture and Natural Resources , submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
S. B. 496, Allowing out-of-state transport of legally obtained game,
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 496) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on the Judiciary.
Delegate Poling asked and obtained unanimous consent that the remarks of Delegate Boggs regarding S. B. 519 be printed in the Appendix to the Journal.
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. 2638, Increasing the amount of allowable equity investments in municipal police and fire pension plans.
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. 4240, Changing the name of the Community and Technical College of Shepherd to Blue Ridge Community and Technical College.
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. 4392, Continuing of the West Virginia Conservation Agency.
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. 4683, Establishing the right to trial by jury when a juvenile is accused of acts of juvenile delinquency which constitute a crime punishable by incarceration if committed by an adult.
Resolutions Introduced

Delegates Staton, Browning, Beane, Kominar, H. White and Butcher offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 95 - "Requesting the Joint Committee on Government and Finance conduct a study on the regulation of all-terrain vehicles and the impact recent legislation has had on the safety of riders and operators of all-terrain vehicles."
Whereas, Safety regulations of all-terrain vehicles in West Virginia have become an increasing concern for the Legislature and the citizens of West Virginia; and
Whereas, The Legislature has enacted certain safety regulations relating to the operation of all-terrain vehicles in West Virginia, and has attempted to address additional concerns during the 2006 Regular Legislative Session, without a consensus; and
Whereas, Safety regulations relating to all-terrain vehicles should be properly examined in light of 40 all-terrain vehicle deaths in 2005 and the countless injuries from the operation of all- terrain vehicles; and
Whereas, West Virginia has had the third highest number of ATV related deaths and the highest death rate among all states from 1990-98, with adolescents being identified as a particularly high-risk ATV user group; and
Whereas, The Legislature encourages additional all-terrain vehicle safety workshops and classes to local schools and to all groups that could benefit from all-terrain vehicle safety regulation and recognize that there is a need for additional, reasonable and sensible safety regulations relating to all-terrain vehicles; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the regulation of all-terrain vehicles and the impact recent legislation has had on the safety of riders and operators of all-terrain vehicles; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular legislative session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Hamilton, Ellem, Schadler, Armstead, Howard, Azinger and Sobonya offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 96 - "Requesting the Joint Committee on Government and Finance to study the disclosure and use of information collected during the concealed weapons licensing process in West Virginia."
Whereas, The State of West Virginia does not have any specific laws regarding the disclosure or the use of information collected from applicants or licensees on concealed weapons license applications;
Whereas, The Code of West Virginia does not provide any provisions regarding who may copy or inspect applications, licenses and reports regarding any person applying for a permit to carry a concealed weapon;
Whereas, The restriction of public access to concealed weapons permit records will assist law enforcement agencies during investigations of criminal cases by restricting access to those individuals that wish to use the information for illegal or malicious purposes; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the disclosure or use of information collected on concealed weapons licensing in West Virginia to determine if disclosure of this information is needed; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with the drafts of any legislation necessary to effectuate its recommendation; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.
Petitions

Delegates Evans, Long, Williams and Campbell presented resolutions, adopted by the County Boards of Education in their respective districts, in support of the West Virginia Education Association's proposals for repeal of the 80/20 PEIA legislation and the six percent across the board pay raise for teachers; which was referred to the Committee on Finance.
Delegate Lane presented a petition, signed by four thousand thirty-five residents of the State, in support of Logan's Law; which was referred to the Committee on the Judiciary

Consent Calendar

The Clerk announced that, pursuant to House Rule 70a, Delegate Trump had requested S. B. 10, S. B. 53, S. B. 219, S. B. 439, S. B. 483, S. B. 484, S. B. 497, S. B. 538, S. B. 581, S. B. 609, S. B. 626, S. B. 693 and S. B. 788 be removed from the Consent Calendar to the Special Calendar.
Third Reading

S. B. 13, Requiring coss-reporting of suspected abuse or neglect of individuals or animals; on third reading, coming up in regular order, was read a third time.
Com. Sub. for S. B. 170, Creating Health Information Network; on third reading, coming up in regular order, was read a third time.
S. B. 213, Continuing Consolidated Public Retirement Board; on third reading, coming up in regular order, was read a third time.
S. B. 214, Continuing Real Estate Commission; on third reading, coming up in regular order, was read a third time.
S. B. 215, Continuing Board of Examiners in Counseling; on third reading, coming up in regular order, was read a third time.
S. B. 218, Continuing Capitol Building Commission; on third reading, coming up in regular order, was read a third time.
Com. Sub. for S. B. 364, Removing sunset provision from West Virginia Jobs Act; on third reading, coming up in regular order, was read a third time.
Com. Sub. for S. B. 396, Authorizing Division of Rehabilitation Services promulgate legislative rule relating to Ron Yost Personal Assistance Services Board; on third reading, coming up in regular order, was read a third time.
S. B. 462, Relating to filing interstate compacts with Secretary of State; on third reading, coming up in regular order, was read a third time.
S. B. 479, Paying certain funeral expenses for juvenile probation officers killed in line of duty; on third reading, coming up in regular order, was read a third time.
S. B. 481, Relating to domestic violence protective orders served out of state; on third reading, coming up in regular order, was read a third time.
Com. Sub. for S. B. 489, Authorizing Treasurer provide remittance processing and e-government services to political subdivisions; on third reading, coming up in regular order, was read a third time.
Com Sub. for S. B. 509, Clarifying automobile franchise law; on third reading, coming up in regular order, was read a third time.
S. B. 516, Finding and declaring claims against state;on third reading, coming up in regular order, with the right to amend and with an amendment pending, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page two, section one, line fourteen, following the word "from" by striking out the word "General" and inserting in lieu thereof the word "Special".
Delegates Frich, Frederick, Long, Sumner, Lane and Porter requested that the Clerk record them as voting "Nay" on the foregoing amendment.
The bill was then read a third time.
S. B. 591, Authorizing Tax Commissioner collect cost of federal refund offset fees; on third reading, coming up in regular order, was read a third time.
S. B. 635, Requiring boards of education maintain certain flood insurance; on third reading, coming up in regular order, was read a third time.
And,
S. B. 784, Relating to teacher certification; on third reading, coming up in regular order, was read a third time.
On the passage of the bills, the yeas and nays were taken (Roll No. 359), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Schoen.
Absent And Not Voting: Ferrell and Houston.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (S. B. 13, Com. Sub. for S. B. 170, S. B. 213, S. B. 214, S. B. 215, S. B. 218, Com. Sub. for S. B. 364, Com. Sub. for S. B. 396, S. B. 462, S. B. 479, S. B. 481, Com. Sub. for S. B. 489, Com. Sub. for S. B. 509, S. B. 516, S. B. 591, S. B. 635 and S. B. 784) passed.
Delegate Schoen stated to the Clerk that she was in favor of all bills on the Consent Calendar except S. B. 516, even though she had voted "Nay" on the Roll Call, and was desirous of being recorded specifically against S. B. 516.
Delegate Overington requested that the Clerk record him as voting "Nay" on the passage of S. B. 364.
An amendment to the title of S. B. 396, 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. 396 - "A Bill to amend and reenact article 4, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Education and the Arts and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-making Review Committee and as amended by the Legislature; and authorizing the Division of Rehabilitation Services to promulgate a legislative rule relating to the Ron Yost Personal Assistance Services Board."
An amendment to the title of S. B. 462, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 462 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-1B-8, relating to filing interstate compacts in the office of the Secretary of State; establishing requirements for compact and associated documents to be filed by entities administering the compact; requiring further filings when compact contents, status or membership changes; establishing administrative requirements for the Secretary of State; allowing public inspection of compacts; and establishing requirements for compacts entered into prior to effective date of this section."
Delegate Staton moved that Com. Sub. for S. B. 364, Com. Sub. for S. B. 396, S. B. 479 and S. B. 516 take effect from their passage.
On this question, the yeas and nays were taken (Roll No. 377), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Houston.
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. 364, Com. Sub. for S. B. 396, S. B. 479 and S. B. 516) takes effect from their passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on the Consent Calendar bills and request concurrence therein on those bills requiring the same.
Second Reading

Com. Sub. for S. B. 47
, Prohibiting local ordinances from discriminating against factory-built housing; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 636, Relating to Court Security Fund's administrative costs; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 742, Revising Uniform Commercial Code; 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 on page two hundred, section five hundred sixteen, line seventy-three, after the word "fraudulent," by inserting the words "or that an individual debtor and an individual secured party, would appear to be the same individual on the financing statement or that the individual debtor claims to be a transmitting utility, without supporting documents" and a comma.
And,
On page two hundred one, line eighty-eight, after the word "intimidation" by inserting the words "or fraudulent intent".
The bill was then ordered to third reading.
S. B. 790, Relating to workers' compensation decision appeals; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Special Calendar

Unfinished Business

The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:
H. C. R. 33, Requesting recognition of the counties of Berkeley and Jefferson as part of the historic Shenandoah Valley,
H. C. R. 66, Expressing the ideal that a woman should be added to the West Virginia State Seal,
H. C. R. 75, Requesting the Joint Committee on Government and Finance study the prospect of reducing medical care costs for state employees,
H. C. R. 76, Interim study on the improvement of access to oral health care services in states that allow dental hygienists to administer services to patients,
And,
H. C. R. 82, Requesting that the Committee on Government and Finance study the Medicaid Waiver Program for the elderly and people with disabilities in West Virginia.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Third Reading

Com. Sub. for S. B. 51, Relating to name change for certain persons; ;on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.
On motion of Delegate Amores, the bill was amended on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 25. CHANGE OF NAME.
§48-25-101. Petition to circuit court or family court for change of name; contents thereof; notice of application.

(a) Any person desiring a change of his or her own name, or that of his or her child or ward, may apply therefor to the circuit court or family court of the county in which he or she resides by a verified petition setting forth and affirming the following:
(1) That he or she has been a bona fide resident of the county for at least one year prior to the filing of the petition;
(2) The cause for which the change of name is sought;
(3) The new name desired;
(4) The name change is not for purposes of avoiding debt or creditors;
(5) The petitioner seeking said name change is not a registered sex offender pursuant to any state or federal law;
(6) The name change sought is not for purposes of avoiding any state or federal law regarding identity;
(7) The name change sought is not for any improper or illegal purpose and;
(8) The petitioner is not a convicted felon in any jurisdiction.
(b) Notwithstanding the provisions of subsection (a) of this section, a nonresident of the county may apply for a change of name if the person was born in the county, was married in the county and was previously a resident of the county for a period of at least fifteen years.
(b) (c) Previous to the filing of the petition, the person shall cause a notice of the time and place that the application will be made to be published as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. The publication area for the publication is the county: Provided, That the publication shall contain a provision that the hearing may be rescheduled without further notice or publication."
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. 378), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Houston.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 51) passed.
On motion of Delegate Amores, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 51 - "A Bill to amend and reenact §48-25-101 of the Code of West Virginia, 1931, as amended, relating to refining procedures for name change; permitting persons to file for a name change who were born in, married in and previously were residents in the county for at least fifteen years where the petition is brought; setting forth requirements for the verified petition; providing that a second notice and publication are not required in the event of a rescheduled hearing."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 217, Continuing Board of Osteopathy; 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. 379), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Houston.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 217) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 371, Reducing severance tax on timber; 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. 380), and there were--yeas 82, nays 16, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Brown, Caputo, Eldridge, Fragale, Hatfield, Hrutkay, Iaquinta, Longstreth, Louisos, Manchin, Marshall, Martin, Spencer, Stephens, Susman and Wells.
Absent And Not Voting: Ferrell and Houston.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 371) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 381), and there were--yeas 90, nays 7, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Caputo, Hatfield, Hrutkay, Longstreth, Louisos, Manchin and Spencer.
Absent And Not Voting: Ferrell, Houston and Long.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 371) takes effect from 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. 473, Creating crime of reckless driving resulting in serious bodily injury; 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. 382), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Houston.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 473) passed.
Delegate Staton moved that the bill take effect July 1, 2006.
On this question, the yeas and nays were taken (Roll No. 383), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Houston.
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. 473) takes effect July 1, 2006.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 529, Updating meaning of certain terms used in state Personal Income Tax Act; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 384), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Houston.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 529) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 385), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Houston.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 529) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 530, Updating meaning of certain terms used in state Corporation Net Income Tax Act; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 386), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Houston.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 530) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 387), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Houston.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 530) 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. 551, Relating to involuntary commitment process fo addicted persons; 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. 388), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Ferrell and Houston.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 551) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 4500, Providing for a salary adjustment for certain appointive state officers; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
On motion of Delegate Michael, the bill was amended on page two, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §6-7-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §6-7-2a of said code be amended and reenacted; that §9A-1-5 of said code be amended and reenacted; that §15-2-2 of said code be amended and reenacted; that §16-5P-5 of said code be amended and reenacted; that §17-2A-3 of said code be amended and reenacted; that §18-3-1 of said code be amended and reenacted; that §19-1A-5 of said code be amended and reenacted; that §20-1-5 of said code be amended and reenacted; that §21-1-2 of said code be amended and reenacted; that §21A-4-5 of said code be amended and reenacted; that §22-1-6 of said code be amended and reenacted; that §29-1-1 of said code be amended and reenacted; that §29-12-5 of said code be amended and reenacted; that §33-2-2 of said code be amended and reenacted; and that §60-2-9 of said code be amended and reenacted, all to read as follows:
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 7. COMPENSATION AND ALLOWANCES.
§6-7-2. Salaries of certain state officers.
(a) Beginning in the calendar year two thousand five, and for each calendar year after that, salaries for each of the state constitutional officers are as follows:
(1) The salary of the Governor is ninety-five thousand dollars per year;
(2) The salary of the Attorney General is eighty thousand dollars per year;
(3) The salary of the Auditor is seventy-five thousand dollars per year;
(4) The salary of the Secretary of State is seventy thousand dollars per year;
(5) The salary of the Commissioner of Agriculture is seventy-five thousand dollars per year; and
(6) The salary of the State Treasurer is seventy-five thousand dollars per year.
(b) Notwithstanding the provisions of subsection (a) of this section, beginning in the calendar year two thousand nine, and for each calendar year thereafter, salaries for each of the state constitutional officers shall be as follows:
(1) The salary of the Governor shall be one hundred thousand dollars per year;
(2) The salary of the Attorney General shall be
ninety-five thousand dollars per year;
(3) The salary of the Auditor shall be ninety-five thousand dollars per year;
(4) The salary of the Secretary of State shall be
ninety-five thousand dollars per year;
(5) The salary of the Commissioner of Agriculture shall be
ninety-five thousand dollars per year; and
(6) The salary of the State Treasurer shall be
ninety-five thousand dollars per year.
§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 one 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 one 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:
Administrator Commissioner, Division of Highways, ninety thousand dollars ninety-two thousand five hundred dollars; administrator, State Tax Division, sixty-five thousand dollars; administrator Commissioner, Division of Corrections, seventy-five thousand dollars eighty thousand dollars; administrator Director, Division of Natural Resources, seventy thousand dollars seventy-five thousand dollars; Superintendent, State Police, seventy-five thousand dollars eighty-five thousand dollars; administrator, Lottery division, seventy-five thousand dollars; Director, Public Employees Insurance Agency; seventy-five thousand dollars; administrator Commissioner, Division of Banking, sixty thousand dollars seventy-five thousand dollars; administrator, division of insurance, sixty thousand dollars; administrator Commissioner, Division of Culture and History, fifty-five thousand dollars sixty-five thousand dollars; administrator Commissioner, Alcohol Beverage Control Commission, seventy thousand dollars seventy-five thousand dollars; administrator Commissioner, Division of Motor Vehicles, seventy thousand dollars seventy-five thousand dollars; Director, Division of Personnel, fifty-five thousand dollars seventy thousand dollars; Adjutant General, seventy-five thousand dollars; Chairman, Health Care Authority, seventy thousand dollars eighty thousand dollars; members, Health Care Authority, sixty thousand dollars seventy thousand dollars; Director, Human Rights Commission, forty-five thousand dollars fifty-five thousand dollars; administrator Commissioner, Division of Labor, sixty thousand dollars seventy thousand dollars; administrator Director, Division of Veterans' Affairs, forty-five thousand dollars sixty-five thousand dollars; administrator, Division of Emergency services, forty-five thousand dollars; Chairperson, Board of Parole, fifty-five thousand dollars; members, Board of Parole, forty-five thousand dollars fifty thousand dollars; members, Employment Security Review Board, seventeen thousand dollars; members, workers' compensation appeal board, seventeen thousand eight hundred dollars; administrator and Commissioner, Bureau of Employment Programs, seventy thousand dollars seventy-five thousand dollars. administrator, bureau of commerce, seventy thousand dollars; administrator, bureau of environment, seventy thousand dollars; and Director, Office of Miners' Health, Safety and Training, sixty-five thousand dollars. Secretaries of the departments shall be paid an annual salary as follows: Health and Human Resources, ninety thousand dollars ninety-five thousand dollars; Transportation, seventy-five thousand dollars ninety-five thousand dollars; tax and Revenue, seventy-five thousand dollars ninety-five thousand dollars; Military Affairs and Public Safety, seventy-five thousand dollars ninety-five thousand dollars; Administration, seventy-five thousand dollars ninety-five thousand dollars; Education and the Arts, seventy-five thousand dollars ninety-five thousand dollars; Commerce, ninety-five thousand dollars; and Environmental Protection, seventy-five thousand dollars 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 two 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 two two thousand six, and shall thereafter, notwithstanding any other provision of this code to the contrary, be paid an annual salary as follows:
Administrator, division Director, Board of Risk and Insurance Management, fifty-five thousand dollars eighty thousand dollars; Director, Division of Rehabilitation Services, sixty thousand dollars seventy thousand dollars; Executive Director, Educational Broadcasting Authority, sixty thousand dollars seventy-five thousand dollars; Secretary, Library Commission, sixty-seven thousand dollars seventy-two thousand dollars; Director, Geological and Economic Survey, fifty-two thousand five hundred dollars seventy-five thousand dollars; Executive Director, Prosecuting Attorneys Institute, sixty thousand dollars seventy thousand dollars; Executive Director, Public Defender Services, sixty thousand dollars seventy thousand dollars; Commissioner, Bureau of Senior Services, seventy thousand dollars seventy-five thousand dollars; Director, State Rail Authority, fifty-five thousand dollars sixty-five thousand dollars; Executive Secretary Director, Women's Commission, thirty-one thousand dollars forty-five thousand dollars; Director, Hospital Finance Authority, twenty-six thousand dollars thirty-five thousand dollars; member, racing commission, twelve thousand dollars; chairman, Public Service Commission, seventy thousand dollars eighty-five thousand dollars; and members, Public Service Commission, seventy thousand dollars eighty-five thousand dollars; Director, Division of Forestry, seventy-five thousand dollars; Director, Division of Juvenile Services, eighty-five thousand dollars; and Executive Director, Regional Jail 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;
(c)(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 9A. VETERANS' AFFAIRS.
ARTICLE 1. DIVISION OF VETERANS' AFFAIRS.
§9A-1-5. Compensation of director, veterans' affairs officers, assistants and employees; payment to veterans' council members; traveling expenses; meetings of veterans' council.

The director shall receive a an annual salary of thirty-two thousand dollars per annum as provided in section two-a, article seven, chapter six of this code, and necessary traveling expenses incident to the performance of his or her duties. The salaries of the veterans' affairs officers, assistants and employees shall be fixed by the veterans' council. The members of the veterans' council shall receive no salary, but each member shall receive the same compensation and expense reimbursement as is paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law for each day or portion thereof engaged in the discharge of official duties. The requisition for such expenses and traveling expenses shall be accompanied by a sworn and itemized statement, which shall be filed with the Auditor and permanently preserved as a public record. The veterans' council shall hold its initial meeting on the call of the Governor, and thereafter shall meet on the call of its chairman, except as otherwise provided. With the exception of the first three meetings of the veterans' council, none of which shall be of a duration longer than two weeks each, for organizational purposes, the veterans' council shall meet not more than once every two months at such times as may be determined by and upon the call of the chairman for a period of not more than two days, unless there should be an emergency requiring a special meeting or for a longer period and so declared and called by the Governor or by the chairman with the approval of the Governor. A majority of the members of the veterans' council shall constitute a quorum for the conduct of official business.
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-2. Superintendent; departmental headquarters; continuation of the State Police.
The Department of Public Safety, heretofore established, shall be continued and hereafter shall be known as the West Virginia State Police. Wherever the words "Department of Public Safety" or "Division of Public Safety" appear in this code, they shall mean the West Virginia State Police. The Governor shall nominate, and by and with the advice and consent of the Senate, appoint a superintendent to be the executive and administrative head of the department. Notwithstanding any provision of this code to the contrary, The superintendent shall be paid an annual salary of sixty thousand dollars as provided in section two-a, article seven, chapter six of this code. The superintendent shall hold the rank of colonel and is entitled to all rights, benefits and privileges of regularly enlisted members. On the date of his or her appointment, the superintendent shall be at least thirty years of age. Before entering upon the discharge of the duties of his or her office, he or she shall execute a bond in the penalty of ten thousand dollars, payable to the State of West Virginia and conditioned upon the faithful performance of his or her duties. Such bond both as to form and security shall be approved as to form by the Attorney General, and to sufficiency by the Governor.
Before entering upon the duties of his or her office, the superintendent shall subscribe to the oath hereinafter provided. The headquarters of the department shall be located in Kanawha County.
CHAPTER 16. PUBLIC HEALTH.

ARTICLE 5P. SENIOR SERVICES.
§16-5P-5. Compensation; traveling expenses.
Notwithstanding the provisions of section two-a, article seven, chapter six of this code, The Commissioner of the Bureau of Senior Services shall receive a yearly an annual salary of sixty-five thousand dollars as provided in section two-a, article seven, chapter six of this code and the necessary traveling expenses incident to the performance of his or her duties. Requisition for traveling expenses shall be accompanied by a sworn itemized statement which shall be filed with the Auditor and preserved as a public record.
CHAPTER 17. ROADS AND HIGHWAYS.

ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.
§17-2A-3. Salary and expenses.
The commissioner shall receive an annual salary of fourteen thousand dollars as provided in section two-a, article seven, chapter six of this code. He or she shall be allowed and paid necessary traveling expenses incident to the performance of his or her duties. Statements covering such expenses shall be itemized and verified by the commissioner.
CHAPTER 18. EDUCATION.

ARTICLE 3. STATE SUPERINTENDENT OF SCHOOLS.
§18-3-1. Appointment; qualifications; compensation; traveling expenses; office and residence;
evaluation.

There shall be appointed by the state board a state superintendent of schools who shall serve at the will and pleasure of the state board. He or she shall be a person of good moral character, of recognized ability as a school administrator, holding at least a master's degree in educational administration, and shall have had not less than five years of experience in public school work. He or she shall receive an annual salary set by the state board, to be paid monthly: Provided, That the annual salary may not exceed one hundred forty-six thousand one hundred dollars: Provided, however, That after the thirtieth day of June, two thousand six, the annual salary may not exceed one hundred seventy-five thousand dollars. The state superintendent also shall receive necessary traveling expenses incident to the performance of his or her duties to be paid out of the general school fund upon warrants of the state auditor. The state superintendent shall have his or her office at the state capitol. The state board shall report to the legislative oversight commission on education accountability upon request concerning its progress during any hiring process for a state superintendent.
The state board annually shall evaluate the performance of the state superintendent and publicly announce the results of the evaluation.
CHAPTER 19. AGRICULTURE.

ARTICLE 1A. DIVISION OF FORESTRY.
§19-1A-5. Director of Division of Forestry; appointment; qualifications.
The Director of the Division of Forestry shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall serve at the will and pleasure of the Governor. The director shall be a graduate of a school of forestry accredited by the society of American foresters and have a minimum of ten years experience in forest management. The director's salary shall be sixty-five thousand dollars per year The director shall be paid an annual salary as provided in section two-a, article seven, chapter six of this code: Provided, That the director's salary shall be paid solely from budget appropriations to the division.
CHAPTER 20. NATURAL RESOURCES.

ARTICLE 1. ORGANIZATION AND ADMINISTRATION.
§20-1-5. Salary, expenses, oath and bond of director.
Any other provision of this code to the contrary notwithstanding, The director shall receive an annual salary of sixty-five thousand dollars as provided in section two-a, article seven, chapter six of this code, payable in equal monthly installments, and shall be allowed and 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, he or she shall take and subscribe to the oath required of public officers by 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 shall be filed in the office of the Secretary of State. Premiums on the bond shall be paid from division funds.
CHAPTER 21. LABOR.

ARTICLE 1. DIVISION OF LABOR.
§21-1-2. Appointment of Commissioner of Labor; qualifications; term of office; salary.

The State Commissioner of Labor shall be appointed by the Governor, by and with the advice and consent of the Senate. He or she shall be a competent person, who is identified with the labor interests of the state. The Commissioner of Labor in office on the effective date of this section shall, unless sooner removed, continue to serve until his or her term expires and his or her successor has been appointed and has qualified. On or before the first day of April, one thousand nine hundred forty-one, and on or before the first day of April of each fourth year thereafter, the Governor shall appoint a Commissioner of Labor to serve for a term of four years, commencing on said first day of April. Notwithstanding the provisions of section two-a, article seven, chapter six of this code, the salary of the commissioner of labor shall be ten thousand dollars per annum. The commissioner shall receive an annual salary as provided in section two-a, article seven, chapter six of this code.
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.

ARTICLE 4. BOARD OF REVIEW.
§21A-4-5. Compensation and travel expenses.
Notwithstanding the provisions of section two-a, article seven, chapter six of this code, each member of the board shall receive an annual salary of twelve thousand six hundred dollars Each member of the board shall receive an annual salary as provided in section two-a, article seven, chapter six of this code and the necessary traveling expenses incurred in the performance of his or her duties.
Requisition for traveling expenses shall be accompanied by a sworn and itemized statement which shall be filed with the auditor and preserved as a public record.
The salaries and expenses of the members shall be paid from the administration fund.
CHAPTER 22. ENVIRONMENTAL RESOURCES.

ARTICLE 1. DIVISION OF ENVIRONMENTAL PROTECTION.
§22-1-6. Secretary of the Department of Environmental Protection.
(a) The secretary is the chief executive officer of the division. 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 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 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 is charged with enforcing;
(4) 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) Provide for workshops, training programs and other educational programs, apart from or in cooperation with other governmental agencies, necessary to insure 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 educational programs, training, and instruction. Eligibility for participation by employees will be in accordance with guidelines established by the secretary;
(6) 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) 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 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 will shall receive an annual salary of eighty-five thousand dollars as provided in section two-a, article seven, chapter six of this code and will be allowed and 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 be paid from the department funds.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.

ARTICLE 1. DIVISION OF CULTURE AND HISTORY.
§29-1-1. Division of Culture and History continued; sections and commissions; purposes; definitions; effective date.

(a) The Division of Culture and History and the Office of Commissioner of Culture and History heretofore created are hereby continued. The Governor shall nominate, and by and with the advice and consent of the Senate, appoint the commissioner, who shall be the Chief Executive Officer of the Division and shall be paid an annual salary of forty-five thousand dollars per year, notwithstanding the provisions of as provided in section two-a, article seven, chapter six of this code. The commissioner so appointed shall have: (1) A bachelor's degree in one of the fine arts, social sciences, library science or a related field; or (2) four years' experience in the administration of museum management, public administration, arts, history or a related field.
(b) The division shall consist of five sections as follows:
(1) The arts section;
(2) The archives and history section;
(3) The museums section;
(4) The historic preservation section; and
(5) The administrative section.
(c) The division shall also consist of two citizens commissions as follows:
(1) A commission on the arts; and
(2) A commission on archives and history.
(d) The commissioner shall exercise control and supervision of the division and shall be responsible for the projects, programs and actions of each of its sections. The purpose and duty of the division is to advance, foster and promote the creative and performing arts and crafts, including both indoor and outdoor exhibits and performances; to advance, foster, promote, identify, register, acquire, mark and care for historical, prehistorical, archaeological and significant architectural sites, structures and objects in the state; to encourage the promotion, preservation and development of significant sites, structures and objects through the use of economic development activities such as loans, subsidies, grants and other incentives; to coordinate all cultural, historical and artistic activities in State Government and at state-owned facilities; to acquire, preserve and classify books, documents, records and memorabilia of historical interest or importance; and, in general, to do all things necessary or convenient to preserve and advance the culture of the state.
(e) The division shall have jurisdiction and control and may set and collect fees for the use of all space in the building presently known as the West Virginia Science and Culture Center, including the deck and courtyards forming an integral part thereof; the building presently known as West Virginia Independence Hall in Wheeling, including all the grounds and appurtenances thereof; 'Camp Washington Carver' in Fayette County, as provided for in section fourteen of this article; and any other sites as may be transferred to or acquired by the division. Notwithstanding any provision of this code to the contrary, including the provisions of article one of chapter five-b of this code, beginning on and after the first day of July, one thousand nine hundred ninety-three, the division shall have responsibility for, and control of, all visitor touring and visitor tour guide activities within the State Capitol Building at Charleston.
(f) For the purposes of this article, 'commissioner' means the Commissioner of Culture and History, and 'division' means the Division of Culture and History.
ARTICLE 12. STATE INSURANCE.

§29-12-5. Powers and duties of board.

(a)(1) The board has, without limitation and in its discretion as it seems necessary for the benefit of the insurance program, general supervision and control over the insurance of state property, activities and responsibilities, including:
(A) The acquisition and cancellation of state insurance;
(B) Determination of the kind or kinds of coverage;
(C) Determination of the amount or limits for each kind of coverage;
(D) Determination of the conditions, limitations, exclusions, endorsements, amendments and deductible forms of insurance coverage;
(E) Inspections or examinations relating to insurance coverage of state property, activities and responsibilities;
(F) Reinsurance; and,
(G) Any and all matters, factors and considerations entering into negotiations for advantageous rates on and coverage of such state property, activities and responsibilities.
(2) The board shall endeavor to secure reasonably broad protection against loss, damage or liability to state property and on account of state activities and responsibilities by proper, adequate, available and affordable insurance coverage and through the introduction and employment of sound and accepted principles of insurance, methods of protection and principles of loss control and risk.
(3) The board is not required to provide insurance for every state property, activity or responsibility.
(4) Any policy of insurance purchased or contracted for by the board shall provide that the insurer shall be barred and estopped from relying upon the constitutional immunity of the state of West Virginia against claims or suits: Provided, That nothing herein shall bar a state agency or state instrumentality from relying on the constitutional immunity granted the state of West Virginia against claims or suits arising from or out of any state property, activity or responsibility not covered by a policy or policies of insurance: Provided, however, That nothing herein shall bar the insurer of political subdivisions from relying upon any statutory immunity granted such political subdivisions against claims or suits.
(5) The board shall make a complete survey of all presently owned and subsequently acquired state property subject to insurance coverage by any form of insurance, which survey shall include and reflect inspections, appraisals, exposures, fire hazards, construction and any other objectives or factors affecting or which might affect the insurance protection and coverage required. (6) The board shall keep itself currently informed on new and continuing state activities and responsibilities within the insurance coverage herein contemplated. The board shall work closely in cooperation with the state fire marshal's office in applying the rules of that office insofar as the appropriations and other factors peculiar to state property will permit.
(7) The board may negotiate and effect settlement of any and all insurance claims arising on or incident to losses of and damages to covered state properties, activities and responsibilities hereunder and shall have authority to execute and deliver proper releases of all such claims when settled. The board may adopt rules and procedures for handling, negotiating and settlement of all such claims. Any discussion or consideration of the financial or personal information of an insured may be held by the board in executive session closed to the public, notwithstanding the provisions of article nine-a, chapter six of this code.
(8) The board may employ an executive director for an annual salary of seventy thousand dollars and such other employees, including legal counsel, as may be necessary to carry out its duties. The executive director shall receive an annual salary as provided in section two-a, article seven, chapter six of this code. The legal counsel may represent the board before any judicial or administrative tribunal and perform such other duties as may be requested by the board.
(9) The board may enter into any contracts necessary to the execution of the powers granted to it by this article or to further the intent of this article.
(10) The board may make rules governing its functions and operations and the procurement of state insurance. Except where otherwise provided by statute, rules of the board are subject to the provisions of article three, chapter twenty-nine-a of this code.
(11) The funds received by the board, including, but not limited to, state agency premiums, mine subsidence premiums and political subdivision premiums, shall be deposited with the West Virginia investment management board with the interest income and returns on investment a proper credit to such property insurance trust fund or liability insurance trust fund as applicable.
(b)(1) Definitions. -- The following words and phrases when used in this subsection, for the purposes of this subsection, have the meanings respectively ascribed to them in this subsection;
(A) "Political subdivision ' has the same meaning as in section three, article twelve-a of this chapter;
(B) 'Charitable' or 'public service organization' means any hospital in this state which has been certified as a critical access hospital by the federal centers for medicare and medicaid upon the designation of the state office of rural health policy, the office of community and rural health services, the bureau for public health or the department of health and human resources and any bona fide, not-for-profit, tax-exempt, benevolent, educational, philanthropic, humane, patriotic, civic, religious, eleemosynary, incorporated or unincorporated association or organization or a rescue unit or other similar volunteer community service organization or association, but does not include any nonprofit association or organization, whether incorporated or not, which is organized primarily for the purposes of influencing legislation or supporting or promoting the campaign of any candidate for public office; and,
(C) "Emergency medical service agency ' has the same meaning as in section three, article four-c, chapter sixteen of this code.
(2) If requested by a political subdivision, a charitable or public service organization or an emergency medical services agency, the board may, but is not required to, provide property and liability insurance to insure the property, activities and responsibilities of the political subdivision, charitable or public service organization or emergency medical services agency. The board may enter into any contract necessary to the execution of the powers granted by this article or to further the intent of this article.
(A) Property insurance provided by the board pursuant to this subsection may also include insurance on property leased to or loaned to the political subdivision, a charitable or public service organization or an emergency medical services agency which is required to be insured under a written agreement.
(B) The cost of insurance, as determined by the board, shall be paid by the political subdivision, the charitable or public service organization or the emergency medical services agency and may include administrative expenses. For purposes of this section, if an emergency medical services agency is a for-profit entity, its claims history may not adversely affect other participants' rates in the same class.
(c)(1) The board has general supervision and control over the optional medical liability insurance programs providing coverage to health care providers as authorized by the provisions of article twelve-b of this chapter. The board is hereby granted and may exercise all powers necessary or appropriate to carry out and effectuate the purposes of this article.
(2) The board shall:
(A) Administer the preferred medical liability program and the high risk medical liability program and exercise and perform other powers, duties and functions specified in this article;
(B) Obtain and implement, at least annually, from an independent outside source, such as a medical liability actuary or a rating organization experienced with the medical liability line of insurance, written rating plans for the preferred medical liability program and high-risk medical liability program on which premiums shall be based;
(C) Prepare and annually review written underwriting criteria for the preferred medical liability program and the high-risk medical liability program. The board may utilize review panels, including, but not limited to, the same specialty review panels to assist in establishing criteria;
(D) Prepare and publish, before each regular session of the Legislature, separate summaries for the preferred medical liability program and high-risk medical liability program activity during the preceding fiscal year, each summary to be included in the board of risk and insurance management audited financial statements as "other financial information ' and which shall include a balance sheet, income statement and cash flow statement, an actuarial opinion addressing adequacy of reserves, the highest and lowest premiums assessed, the number of claims filed with the program by provider type, the number of judgments and amounts paid from the program, the number of settlements and amounts paid from the program and the number of dismissals without payment;
(E) Determine and annually review the claims history debit or surcharge for the high-risk medical liability program;
(F) Determine and annually review the criteria for transfer from the preferred medical liability program to the high-risk medical liability program;
(G) Determine and annually review the role of independent agents, the amount of commission, if any, to be paid therefor and agent appointment criteria;
(H) Study and annually evaluate the operation of the preferred medical liability program and the high-risk medical liability program and make recommendations to the Legislature, as may be appropriate, to ensure their viability, including, but not limited to, recommendations for civil justice reform with an associated cost-benefit analysis, recommendations on the feasibility and desirability of a plan which would require all health care providers in the state to participate with an associated cost-benefit analysis, recommendations on additional funding of other state run insurance plans with an associated cost-benefit analysis and recommendations on the desirability of ceasing to offer a state plan with an associated analysis of a potential transfer to the private sector with a cost-benefit analysis, including impact on premiums;
(I) Establish a five-year financial plan to ensure an adequate premium base to cover the long tail nature of the claims-made coverage provided by the preferred medical liability program and the high risk medical liability program. The plan shall be designed to meet the program's estimated total financial requirements, taking into account all revenues projected to be made available to the program, and apportioning necessary costs equitably among participating classes of health care providers. For these purposes, the board shall:
(i) Retain the services of an impartial, professional actuary, with demonstrated experience in analysis of large group malpractice plans, to estimate the total financial requirements of the program for each fiscal year and to review and render written professional opinions as to financial plans proposed by the board. The actuary shall also assist in the development of alternative financing options and perform any other services requested by the board or the executive director. All reasonable fees and expenses for actuarial services shall be paid by the board. Any financial plan or modifications to a financial plan approved or proposed by the board pursuant to this section shall be submitted to and reviewed by the actuary and may not be finally approved and submitted to the governor and to the Legislature without the actuary's written professional opinion that the plan may be reasonably expected to generate sufficient revenues to meet all estimated program and administrative costs, including incurred but not reported claims, for the fiscal year for which the plan is proposed. The actuary's opinion for any fiscal year shall include a requirement for establishment of a reserve fund;
(ii) Submit its final, approved five-year financial plan, after obtaining the necessary actuary's opinion, to the governor and to the Legislature no later than the first day of January preceding the fiscal year. The financial plan for a fiscal year becomes effective and shall be implemented by the executive director on the first day of July of the fiscal year. In addition to each final, approved financial plan required under this section, the board shall also simultaneously submit an audited financial statement based on generally accepted accounting practices (GAAP) and which shall include allowances for incurred but not reported claims: Provided, That the financial statement and the accrual-based financial plan restatement shall not affect the approved financial plan. The provisions of chapter twenty-nine-a of this code shall not apply to the preparation, approval and implementation of the financial plans required by this section;
(iii) Submit to the governor and the Legislature a prospective five-year financial plan beginning on the first day of January, two thousand three, and every year thereafter, for the programs established by the provisions of article twelve-b of this chapter. Factors that the board shall consider include, but shall not be limited to, the trends for the program and the industry; claims history, number and category of participants in each program; settlements and claims payments; and judicial results;
(iv) Obtain annually, certification from participants that they have made a diligent search for comparable coverage in the voluntary insurance market and have been unable to obtain the same;
(J) Meet on at least a quarterly basis to review implementation of its current financial plan in light of the actual experience of the medical liability programs established in article twelve-b of this chapter. The board shall review actual costs incurred any revised cost estimates provided by the actuary, expenditures and any other factors affecting the fiscal stability of the plan and may make any additional modifications to the plan necessary to ensure that the total financial requirements of these programs for the current fiscal year are met;
(K) To analyze the benefit of and necessity for excess verdict liability coverage;
(L) Consider purchasing reinsurance, in the amounts as it may from time to time determine is appropriate, and the cost thereof shall be considered to be an operating expense of the board;
(M) Make available to participants, optional extended reporting coverage or tail coverage: Provided, That, at least five working days prior to offering such coverage to a participant or participants, the board shall notify the president of the Senate and the speaker of the House of Delegates in writing of its intention to do so and such notice shall include the terms and conditions of the coverage proposed;
(N) Review and approve, reject or modify rules that are proposed by the executive director to implement, clarify or explain administration of the preferred medical liability program and the high risk medical liability program. Notwithstanding any provisions in this code to the contrary, rules promulgated pursuant to this paragraph are not subject to the provisions of sections nine through sixteen, inclusive, article three, chapter twenty-nine-a of this code. The board shall comply with the remaining provisions of article three and shall hold hearings or receive public comments before promulgating any proposed rule filed with the secretary of state: Provided, That the initial rules proposed by the executive director and promulgated by the board shall become effective upon approval by the board notwithstanding any provision of this code;
(O) Enter into settlements and structured settlement agreements whenever appropriate. The policy may not require as a condition precedent to settlement or compromise of any claim the consent or acquiescence of the policy holder. The board may own or assign any annuity purchased by the board to a company licensed to do business in the state;
(P) Refuse to provide insurance coverage for individual physicians whose prior loss experience or current professional training and capability are such that the physician represents an unacceptable risk of loss if coverage is provided;
(Q) Terminate coverage for nonpayment of premiums upon written notice of the termination forwarded to the health care provider not less than thirty days prior to termination of coverage;
(R) Assign coverage or transfer insurance obligations and/or risks of existing or in-force contracts of insurance to a third-party medical professional liability insurance carrier with the comparable coverage conditions as determined by the board. Any transfer of obligation or risk shall effect a novation of the transferred contract of insurance and if the terms of the assumption reinsurance agreement extinguish all liability of the board and the state of West Virginia such extinguishment shall be absolute as to any and all parties; and
(S) Meet and consult with and consider recommendations from the medical malpractice advisory panel established by the provisions of article twelve-b of this chapter.
(d) If, after the first day of September, two thousand two, the board has assigned coverages or transferred all insurance obligations and/or risks of existing or in-force contracts of insurance to a third-party medical professional liability insurance carrier, and the board otherwise has no covered participants, then the board shall not thereafter offer or provide professional liability insurance to any health care provider pursuant to the provisions of subsection (c) of this section or the provisions of article twelve-b of this chapter unless the Legislature adopts a concurrent resolution authorizing the board to reestablish medical liability insurance programs.
CHAPTER 33. INSURANCE.

ARTICLE 2. INSURANCE COMMISSIONER.
§33-2-2. Compensation and expenses of commissioner and employees; location of office.
The commissioner shall receive an annual salary of forty-seven thousand eight hundred dollars as provided in section two-a, article seven, chapter six of this code and actual expenses incurred in the performance of official business, which compensation shall be in full for all services. The office of the commissioner shall be maintained in the capitol or other suitable place in Charleston. The commissioner may employ such persons and incur such expenses as may be necessary in the discharge of his duties and shall fix the compensation of such employees, but such compensation shall not exceed the appropriation therefor. The commissioner may reimburse employees for reasonable expenses incurred for job-related training and educational seminars and courses. All compensation for salaries and expenses of the commissioner and his employees shall be paid monthly out of the state treasury by requisition upon the auditor, properly certified by the commissioner.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
ARTICLE 2. ALCOHOLIC BEVERAGE CONTROL COMMISSIONER.
§60-2-9. Salary and expenses.
The commissioner shall receive an annual salary of sixty thousand dollars as provided in section two-a, article seven, chapter six of this code, and shall be paid actual and necessary traveling expenses incurred in performance of the official duties of the office."
At the request of Delegate Staton, and by unanimous consent, the bill was then laid over one day.
S. B. 558, Providing salary adjustments for certain appointive state officers; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
On motion of Delegate Staton, the bill was amended on page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §6-7-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §6-7-2a of said code be amended and reenacted; that §9A-1-5 of said code be amended and reenacted; that §15-2-2 of said code be amended and reenacted; that §16-5P-5 of said code be amended and reenacted; that §17-2A-3 of said code be amended and reenacted; that §19-1A-5 of said code be amended and reenacted; that §20-1-5 of said code be amended and reenacted; that §21- 1-2 of said code be amended and reenacted; that §21A-4-5 of said code be amended and reenacted; that §22-1-6 of said code be amended and reenacted; that §24-1-3 of said code be amended and reenacted; that §29-1-1 of said code be amended and reenacted; that §60-2-9 of said code be amended and reenacted, all to read as follows:
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 7. COMPENSATION AND ALLOWANCES.
§6-7-2. Salaries of certain state officers.
(a) Beginning in the calendar year two thousand five, and for each calendar year after that, salaries for each of the state constitutional officers are as follows:
(1) The salary of the Governor is ninety-five thousand dollars per year;
(2) The salary of the Attorney General is eighty thousand dollars per year;
(3) The salary of the Auditor is seventy-five thousand dollars per year;
(4) The salary of the Secretary of State is seventy thousand dollars per year;
(5) The salary of the Commissioner of Agriculture is seventy-five thousand dollars per year; and
(6) The salary of the State Treasurer is seventy-five thousand dollars per year.
(b) Notwithstanding the provisions of subsection (a) of this section, beginning in the calendar year two thousand nine, and for each calendar year thereafter, salaries for each of the state constitutional officers shall be as follows:
(1) The salary of the Governor shall be one hundred fifty thousand dollars per year;
(2) The salary of the Attorney General shall be
one hundred five thousand dollars per year;
(3) The salary of the Auditor shall be ninety-five thousand dollars per year;
(4) The salary of the Secretary of State shall be
ninety-five thousand dollars per year;
(5) The salary of the Commissioner of Agriculture shall be
ninety-five thousand dollars per year; and
(6) The salary of the State Treasurer shall be
ninety-five thousand dollars per year.
§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 one 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 one 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:
Administrator Commissioner, Division of Highways, ninety thousand dollars ninety-two thousand five hundred dollars; administrator, State Tax Division, sixty-five thousand dollars; administrator Commissioner, Division of Corrections, seventy-five thousand dollars eighty thousand dollars; administrator Director, Division of Natural Resources, seventy thousand dollars seventy-five thousand dollars; Superintendent, State Police, seventy-five thousand dollars eighty-five thousand dollars; administrator, Lottery division, seventy-five thousand dollars; Director, Public Employees Insurance Agency; seventy-five thousand dollars; administrator Commissioner, Division of Banking, sixty thousand dollars eighty-five thousand dollars; administrator, division of insurance, sixty thousand dollars; administrator Commissioner, Division of Culture and History, fifty-five thousand dollars sixty-five thousand dollars; administrator Commissioner, Alcohol Beverage Control Commission, seventy thousand dollars seventy-five thousand dollars; administrator Commissioner, Division of Motor Vehicles, seventy thousand dollars seventy-five thousand dollars; Director, Division of Personnel, fifty-five thousand dollars seventy thousand dollars; Adjutant General, seventy-five thousand dollars ninety-five thousand dollars; Chairman, Health Care Authority, seventy thousand dollars eighty thousand dollars; members, Health Care Authority, sixty thousand dollars seventy thousand dollars; Director, Human Rights Commission, forty-five thousand dollars fifty-five thousand dollars; administrator Commissioner, Division of Labor, sixty thousand dollars seventy thousand dollars; administrator Director, Division of Veterans' Affairs, forty-five thousand dollars sixty-five thousand dollars; administrator, Division of Emergency services, forty-five thousand dollars; Chairperson, Board of Parole, fifty-five thousand dollars; members, Board of Parole, forty-five thousand dollars; members, Employment Security Review Board, seventeen thousand dollars; members, workers' compensation appeal board, seventeen thousand eight hundred dollars; administrator Commissioner, Bureau of Employment Programs, seventy thousand dollars seventy-five thousand dollars. administrator, bureau of commerce, seventy thousand dollars; administrator, bureau of environment, seventy thousand dollars; and Director, Office of Miners' Health, Safety and Training, sixty-five thousand dollars eighty thousand dollars. Secretaries of the departments shall be paid an annual salary as follows: Health and Human Resources, ninety thousand dollars ninety-five thousand dollars; Transportation, seventy-five thousand dollars ninety- five thousand dollars; tax and Revenue, seventy-five thousand dollars ninety-five thousand dollars; Military Affairs and Public Safety, seventy-five thousand dollars ninety-five thousand dollars; Administration, seventy-five thousand dollars ninety-five thousand dollars; Education and the Arts, seventy-five thousand dollars ninety-five thousand dollars; Commerce, ninety-five thousand dollars; and Environmental Protection, seventy-five thousand dollars 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 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: Provided, however, That in the event of a vacancy in any of the appointive state offices named in this subsection, the annual salary of the respective state officers' successors shall immediately be set at 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 two 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 two two thousand six, and shall thereafter, notwithstanding any other provision of this code to the contrary, be paid an annual salary as follows:
Administrator, division Director, Board of Risk and Insurance Management, fifty-five thousand dollars seventy-five thousand dollars; Director, Division of Rehabilitation Services, sixty thousand dollars sixty-five thousand dollars; Executive Director, Educational Broadcasting Authority, sixty thousand dollars seventy-five thousand dollars; Secretary, Library Commission, sixty-seven thousand dollars seventy-two thousand dollars; Director, Geological and Economic Survey, fifty-two thousand five hundred dollars sixty thousand dollars; Executive Director, Prosecuting Attorneys Institute, sixty thousand dollars seventy thousand dollars; Executive Director, Public Defender Services, sixty thousand dollars seventy thousand dollars; Commissioner, Bureau of Senior Services, seventy thousand dollars seventy-five thousand dollars; Director, State Rail Authority, fifty-five thousand dollars sixty-five thousand dollars; Executive Secretary Director, Women's Commission, thirty-one thousand dollars forty-five thousand dollars; Director, Hospital Finance Authority, twenty-six thousand dollars thirty-five thousand dollars; member, racing commission, twelve thousand dollars; chairman, Public Service Commission, seventy thousand dollars ninety thousand dollars; and members, Public Service Commission, seventy thousand dollars eighty-five thousand dollars; Director, Division of Forestry, seventy-five thousand dollars; Director, Division of Juvenile Services, eighty-five thousand dollars; Chief Technology Officer, ninety-two thousand five hundred dollars; and Executive Director, Regional Jail 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 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: Provided, however, That in the event of a vacancy in any of the appointive state offices named in this subsection, the annual salary of the respective state officers' successors shall immediately be set at 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; and Director, Division of Homeland Security and Emergency Management, sixty-five thousand dollars.
(c) (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 9A. VETERANS' AFFAIRS.

ARTICLE 1. DIVISION OF VETERANS' AFFAIRS.
§9A-1-5. Compensation of director, veterans' affairs officers, assistants and employees; payment to veterans' council members; traveling expenses; meetings of veterans' council.

The director shall receive a an annual salary of thirty-two thousand dollars per annum as provided in section two-a, article seven, chapter six of this code, and necessary traveling expenses incident to the performance of his or her duties. The salaries of the veterans' affairs officers, assistants and employees shall be fixed by the veterans' council. The members of the veterans' council shall receive no salary, but each member shall receive the same compensation and expense reimbursement as is paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law for each day or portion thereof engaged in the discharge of official duties. The requisition for such expenses and traveling expenses shall be accompanied by a sworn and itemized statement, which shall be filed with the Auditor and permanently preserved as a public record. The veterans' council shall hold its initial meeting on the call of the Governor, and thereafter shall meet on the call of its chairman, except as otherwise provided. With the exception of the first three meetings of the veterans' council, none of which shall be of a duration longer than two weeks each, for organizational purposes, the veterans' council shall meet not more than once every two months at such times as may be determined by and upon the call of the chairman for a period of not more than two days, unless there should be an emergency requiring a special meeting or for a longer period and so declared and called by the Governor or by the chairman with the approval of the Governor. A majority of the members of the veterans' council shall constitute a quorum for the conduct of official business.
CHAPTER 15. PUBLIC SAFETY.

ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-2. Superintendent; departmental headquarters; continuation of the State Police.

The Department of Public Safety, heretofore established, shall be continued and hereafter shall be known as the West Virginia State Police. Wherever the words 'Department of Public Safety ' or 'Division of Public Safety ' appear in this code, they shall mean the West Virginia State Police. The Governor shall nominate, and by and with the advice and consent of the Senate, appoint a superintendent to be the executive and administrative head of the department. Notwithstanding any provision of this code to the contrary, The superintendent shall be paid an annual salary of sixty thousand dollars as provided in section two-a, article seven, chapter six of this code. The superintendent shall hold the rank of colonel and is entitled to all rights, benefits and privileges of regularly enlisted members. On the date of his or her appointment, the superintendent shall be at least thirty years of age. Before entering upon the discharge of the duties of his or her office, he or she shall execute a bond in the penalty of ten thousand dollars, payable to the State of West Virginia and conditioned upon the faithful performance of his or her duties. Such bond both as to form and security shall be approved as to form by the Attorney General, and to sufficiency by the Governor.
Before entering upon the duties of his or her office, the superintendent shall subscribe to the oath hereinafter provided. The headquarters of the department shall be located in Kanawha County.
CHAPTER 16. PUBLIC HEALTH.

ARTICLE 5P. SENIOR SERVICES.
§16-5P-5. Compensation; traveling expenses.
Notwithstanding the provisions of section two-a, article seven, chapter six of this code, The Commissioner of the Bureau of Senior Services shall receive a yearly an annual salary of sixty-five thousand dollars as provided in section two-a, article seven, chapter six of this code and the necessary traveling expenses incident to the performance of his or her duties. Requisition for traveling expenses shall be accompanied by a sworn itemized statement which shall be filed with the Auditor and preserved as a public record.
CHAPTER 17. ROADS AND HIGHWAYS.

ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.
§17-2A-3. Salary and expenses.
The commissioner shall receive an annual salary of fourteen thousand dollars as provided in section two-a, article seven, chapter six of this code. He or she shall be allowed and paid necessary traveling expenses incident to the performance of his or her duties. Statements covering such expenses shall be itemized and verified by the commissioner.
CHAPTER 19. AGRICULTURE.

ARTICLE 1A. DIVISION OF FORESTRY.
§19-1A-5. Director of Division of Forestry; appointment; qualifications.
The Director of the Division of Forestry shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall serve at the will and pleasure of the Governor. The director shall be a graduate of a school of forestry accredited by the society of American foresters and have a minimum of ten years experience in forest management. The director's salary shall be sixty-five thousand dollars per year The director shall be paid an annual salary as provided in section two-a, article seven, chapter six of this code: Provided, That the director's salary shall be paid solely from budget appropriations to the division.
CHAPTER 20. NATURAL RESOURCES.

ARTICLE 1. ORGANIZATION AND ADMINISTRATION.
§20-1-5. Salary, expenses, oath and bond of director.
Any other provision of this code to the contrary notwithstanding, The director shall receive an annual salary of sixty-five thousand dollars as provided in section two-a, article seven, chapter six of this code, payable in equal monthly installments, and shall be allowed and 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, he or she shall take and subscribe to the oath required of public officers by 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 shall be filed in the office of the Secretary of State. Premiums on the bond shall be paid from division funds.
CHAPTER 21. LABOR.

ARTICLE 1. DIVISION OF LABOR.
§21-1-2. Appointment of Commissioner of Labor; qualifications; term of office; salary.

The State Commissioner of Labor shall be appointed by the Governor, by and with the advice and consent of the Senate. He or she shall be a competent person, who is identified with the labor interests of the state. The Commissioner of Labor in office on the effective date of this section shall, unless sooner removed, continue to serve until his or her term expires and his or her successor has been appointed and has qualified. On or before the first day of April, one thousand nine hundred forty-one, and on or before the first day of April of each fourth year thereafter, the Governor shall appoint a Commissioner of Labor to serve for a term of four years, commencing on said first day of April. Notwithstanding the provisions of section two-a, article seven, chapter six of this code, the salary of the commissioner of labor shall be ten thousand dollars per annum. The commissioner shall receive an annual salary as provided in section two-a, article seven, chapter six of this code.
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.

ARTICLE 4. BOARD OF REVIEW.

§21A-4-5. Compensation and travel expenses.

Notwithstanding the provisions of section two-a, article seven, chapter six of this code, each member of the board shall receive an annual salary of twelve thousand six hundred dollars Each member of the board shall receive an annual salary as provided in section two-a, article seven, chapter six of this code and the necessary traveling expenses incurred in the performance of his or her duties.
Requisition for traveling expenses shall be accompanied by a sworn and itemized statement which shall be filed with the auditor and preserved as a public record.
The salaries and expenses of the members shall be paid from the administration fund.
CHAPTER 22. ENVIRONMENTAL RESOURCES.

ARTICLE 1. DIVISION OF ENVIRONMENTAL PROTECTION.
§22-1-6. Secretary of the Department of Environmental Protection.
(a) The secretary is the chief executive officer of the division. 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 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 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 is charged with enforcing;
(4) 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) Provide for workshops, training programs and other educational programs, apart from or in cooperation with other governmental agencies, necessary to insure 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 educational programs, training, and instruction. Eligibility for participation by employees will be in accordance with guidelines established by the secretary;
(6) 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) 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 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 will shall receive an annual salary of eighty-five thousand dollars as provided in section two-a, article seven, chapter six of this code and will be allowed and 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 be paid from the department funds.
CHAPTER 24. PUBLIC SERVICE COMMISSION.

ARTICLE 1. GENERAL PROVISIONS.
§24-1-3. Commission continued; membership; chairman; compensation.

(a) The Public Service Commission of West Virginia is continued and directed as provided by this chapter, chapter twenty-four-a, chapter twenty-four-b and chapter twenty-four-d of this code. After having conducted a performance audit through its Joint Committee on Government Operations, pursuant to section nine, article ten, chapter four of this code, the Legislature hereby finds and declares that the Public Service Commission should be continued and reestablished. Accordingly, notwithstanding the provisions of section five, article ten, chapter four of this code, the Public Service Commission shall continue to exist until the first day of July, two thousand three. The Public Service Commission may sue and be sued by that name. The Public Service Commission shall consist of three members who shall be appointed by the Governor, with the advice and consent of the Senate. The commissioners shall be citizens and residents of this state and at least one of them shall be duly licensed to practice law in West Virginia, with not less than ten years' actual work experience in the legal profession as a member of a state bar. No more than two of the commissioners shall be members of the same political party. Each commissioner shall, before entering upon the duties of his or her office, take and subscribe to the oath provided by section five, article IV of the Constitution of this State. The oath shall be filed in the Office of the Secretary of State. The Governor shall designate one of the commissioners to serve as chairman at the Governor's will and pleasure. The chairman shall be the chief administrative officer of the commission. The Governor may remove any commissioner only for incompetency, neglect of duty, gross immorality, malfeasance in office or violation of subsection (c) of this section.
(b) The unexpired terms of members of the term Public Service Commission at the time this subsection becomes effective are continued. Upon expiration of the terms, appointments are for terms of six years, except that an appointment to fill a vacancy is for the unexpired term only. The commissioners whose terms are terminated by the provisions of this subsection are eligible for reappointment.
(c) No person while in the employ of, or holding any official relation to, any public utility subject to the provisions of this chapter or holding any stocks or bonds of a public utility subject to the provisions of this chapter or who is pecuniarily interested in a public utility subject to the provisions of this chapter may serve as a member of the commission or as an employee of the commission. Nor may any commissioner be a candidate for or hold public office or be a member of any political committee while acting as a commissioner; nor may any commissioner or employee of the commission receive any pass, free transportation or other thing of value, either directly or indirectly, from any public utility or motor carrier subject to the provisions of this chapter. In case any of the commissioners becomes a candidate for any public office or a member of any political committee, the Governor shall remove him or her from office and shall appoint a new commissioner to fill the vacancy created.
(d) The salaries of members of the Public Service Commission and the manner in which they are paid established by the prior enactment of this section are continued. Effective the first day of July, two thousand one, the annual salary of each commissioner provided in section two-a, article seven, chapter six of this code shall be paid in monthly installments from the special funds in the percentages that follow:
(1) From the Public Service Commission Fund collected under the provisions of section six, article three of this chapter, eighty percent;
(2) From the Public Service Commission Motor Carrier Fund collected under the provisions of section six, article six, chapter twenty-four-a of this code, seventeen percent; and
(3) From the Public Service Commission Gas Pipeline Safety Fund collected under the provisions of section three, article five, chapter twenty-four-b of this code, three percent.
In addition to the salary provided for all commissioners in section two-a, article seven, chapter six of this code, the chairman of the commission shall receive five thousand dollars ten thousand dollars per annum to be paid in monthly installments from the Public Service Commission Fund collected under the provisions of section six, article three of this chapter.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.

ARTICLE 1. DIVISION OF CULTURE AND HISTORY.
§29-1-1. Division of Culture and History continued; sections and commissions; purposes; definitions; effective date.
(a) The Division of Culture and History and the Office of Commissioner of Culture and History heretofore created are hereby continued. The Governor shall nominate, and by and with the advice and consent of the Senate, appoint the commissioner, who shall be the Chief Executive Officer of the Division and shall be paid an annual salary of forty-five thousand dollars per year, notwithstanding the provisions of as provided in section two-a, article seven, chapter six of this code. The commissioner so appointed shall have: (1) A bachelor's degree in one of the fine arts, social sciences, library science or a related field; or (2) four years' experience in the administration of museum management, public administration, arts, history or a related field.
(b) The division shall consist of five sections as follows:
(1) The arts section;
(2) The archives and history section;
(3) The museums section;
(4) The historic preservation section; and
(5) The administrative section.
(c) The division shall also consist of two citizens commissions as follows:
(1) A commission on the arts; and
(2) A commission on archives and history.
(d) The commissioner shall exercise control and supervision of the division and shall be responsible for the projects, programs and actions of each of its sections. The purpose and duty of the division is to advance, foster and promote the creative and performing arts and crafts, including both indoor and outdoor exhibits and performances; to advance, foster, promote, identify, register, acquire, mark and care for historical, prehistorical, archaeological and significant architectural sites, structures and objects in the state; to encourage the promotion, preservation and development of significant sites, structures and objects through the use of economic development activities such as loans, subsidies, grants and other incentives; to coordinate all cultural, historical and artistic activities in State Government and at state-owned facilities; to acquire, preserve and classify books, documents, records and memorabilia of historical interest or importance; and, in general, to do all things necessary or convenient to preserve and advance the culture of the state.
(e) The division shall have jurisdiction and control and may set and collect fees for the use of all space in the building presently known as the West Virginia Science and Culture Center, including the deck and courtyards forming an integral part thereof; the building presently known as West Virginia Independence Hall in Wheeling, including all the grounds and appurtenances thereof; 'Camp Washington Carver ' in Fayette County, as provided for in section fourteen of this article; and any other sites as may be transferred to or acquired by the division. Notwithstanding any provision of this code to the contrary, including the provisions of article one of chapter five-b of this code, beginning on and after the first day of July, one thousand nine hundred ninety-three, the division shall have responsibility for, and control of, all visitor touring and visitor tour guide activities within the State Capitol Building at Charleston.
(f) For the purposes of this article, 'commissioner' means the Commissioner of Culture and History, and 'division' means the Division of Culture and History.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.

ARTICLE 2. ALCOHOLIC BEVERAGE CONTROL COMMISSIONER.
§60-2-9. Salary and expenses.
The commissioner shall receive an annual salary of sixty thousand dollars as provided in section two-a, article seven, chapter six of this code, and shall be paid actual and necessary traveling expenses incurred in performance of the official duties of the office."

At the request of Delegate Staton, and by unanimous consent, the bill was then laid over one day.
Com. Sub. for S. B. 576, Changing calculation of prejudgment and post-judgment interest; 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. 389), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Houston.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 576) 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. 576 - "A Bill to amend and reenact §48-1-302 of the Code of West Virginia, 1931, as amended; and to amend and reenact §56-6-31 of said code, all relating to the rate of interest allowed for certain prejudgment and post-judgment awards; providing interest rate for domestic relation judgement obligations; establishing methodology for establishing rates for judgements or decrees generally; allowing exceptions to established interest rate based on prior written agreements; requiring the state supreme court of appeals to annually determine and publish annual interest rate; providing that the interest rate applies for the entire term of the judgment or decree; and providing internal effective dates."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 582, Requiring electronic filing of certain personal income tax returns ;on third reading, coming up in regular order, was read a third time.
Delegate Schoen requested to be excused from voting on the passage of S. B. 582 under the provisions of House Rule 49, stating that her husband was a Certified Public Accountant.
The Speaker refused to excuse the Lady, stating that she did not represent a certainty of pecuniary interest in the passage of the bill.
This ruling will stand as the judgment of the Chair and of the House, pursuant to the inherent right to make, interpret and enforce our rules of procedure as established by our sovereign, non- reviewable Constitutional authority, and shall be binding in all other potential venues.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 390), and there were--yeas 91, nays 7, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Ellem, Hall, Leggett, Louisos, Porter, Schoen and Stevens.
Absent And Not Voting: Ferrell and Houston.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 582) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 631, Relating to criminal school truancy complaints; 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. 391), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Lane.
Absent And Not Voting: Ferrell and Houston.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 631) passed.
An amendment to the title of the bill, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 631
- "A Bill to amend and reenact §18-8-4 of the Code of West Virginia, 1931, as amended, relating to process, service and parties charged in summons or warrants for violations of compulsory school attendance; authorizing charge of more than one parent, custodian or guardian in single complaint; and continuing attempts to serve until executed or end of school term."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4855, Making a supplementary appropriation to the department of education and the arts, department of environmental protection, department of health and human resources, etc.; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 392), and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Lane and Louisos.
Absent And Not Voting: Mr. Speaker, Mr. Kiss, Ferrell and Houston.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4855) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 393), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Houston.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4855) 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.
H. B. 4856, Making a supplementary appropriation to the department of commerce -miners' health, safety and training fund ; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 394), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Houston.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4856) passed.
Delegate Staton moved that the bill take effect from its passage .
On this question, the yeas and nays were taken (Roll No. 395), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Houston.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4856) 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.
H. B. 4857, Making a supplementary appropriation to the department of administration -children's health insurance agency, to the department of commerce -division of natural resources, to the department of transportation -public port authority, etc.; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 396), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Houston.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4857) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 397), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Houston.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4857) 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.
H. B. 4858, Supplementary appropriation, secretary of state-state election fund ; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 398), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Houston.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4858) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 399), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Houston.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4858) takes effect from its passage.
H. B. 4859, Supplementary appropriation, department of health and human resources - division of health - tobacco settlement expenditure fund ; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 400), and there were--yeas 67, nays 31, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Blair, Brown, Caputo, Eldridge, Ellem, Fragale, Frederick, Hatfield, Howard, Iaquinta, Lane, Long, Longstreth, Manchin, Marshall, Martin, Miley, Moore, Overington, Palumbo, Perdue, Romine, Sobonya, Spencer, Stephens, Stevens, Sumner, Talbott, Tansill, Thompson, Rick and Webster.
Absent And Not Voting: Ferrell and Houston.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4859) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 401), and there were--yeas 87, nays 10, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Blair, Brown, Ellem, Fragale, Hatfield, Marshall, Moore, Overington, Sobonya and Sumner.
Absent And Not Voting: Ferrell, Houston and Leggett.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4859) 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.
Second Reading

S. B. 211, Continuing Board of Professional Surveyors; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 212, Continuing Board of Dental Examiners; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 245, Creating Consolidated Local Government Act; on second reading, coming up in regular order, was read a second time and ordered to third reading.
An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page nine, subdivision nine, beginning on line forty- two, by striking out said subdivision (9) in its entirety and renumbering the remaining subdivisions accordingly.
And,
On page sixteen, line eighteen, after the word "elected" by striking out the words "during executive session".
On motion of Delegates Amores and Beane, the bill was amended on page ten, section one, lines fifty through fifty-four, by striking out subsection (c) in its entirety, and re-lettering the subsequent subsections.
The bill was then ordered to third reading.
Com. Sub. for S. B. 350, Authorizing Department of Health and Human Resources promulgate legislative rules; on second reading, coming up in regular order, was read a second time.
Delegate Overington moved to amend the bill on page six, section one, line sixty-two, after the word "is" by inserting the words "disapproved and is not".
On the adoption of the amendment, Delegate Overington demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 402), and there were--yeas 28, nays 70, absent and not voting 2, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Ashley, Barker, Border, Canterbury, Carmichael, Duke, Frich, Hall, Howard, Lane, Leach, Leggett, Louisos, Martin, Overington, Poling, Porter, Romine, Rowan, Schoen, Sobonya, Stevens, Sumner, Wakim, Walters and G. White.
Absent And Not Voting: Ferrell and Houston.
So, a majority of the members present and voting having not voted in the affirmative, the amendment was not adopted.
The bill was then ordered to third reading.
S. B. 419, Providing Public Service Commission jurisdiction for certain alternative sewer service methods; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Government Organization , was reported by the Clerk and adopted, amending the bill on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §16-13A-25 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §24-2-1 and §24-2-11 of said code be amended and reenacted, all to read as follows:
CHAPTER 16. PUBLIC HEALTH.

ARTICLE 13A. PUBLIC SERVICE DISTRICTS.
§16-13A-25. Borrowing and bond issuance; procedure.

(a) Notwithstanding any other provisions of this article to the contrary, a public service district may not borrow money, enter into contracts for the provision of engineering, design or feasibility studies, issue or contract to issue revenue bonds or exercise any of the powers conferred by the provisions of section thirteen, twenty or twenty-four of this article, without the prior consent and approval of the Public Service Commission: Provided, That approval of funding set forth in section eleven, article two, chapter twenty-four of this code or this section is not required if the funding is for a project which has received a certificate of public convenience and necessity after eighth day of July, two-thousand-five, from the commission and where the cost of the project changes but the change does not affect the rates established for the project.
(b) The Public Service Commission may waive the provision of prior consent and approval for entering into contracts for engineering, design or feasibility studies pursuant to this section for good cause shown which is evidenced by the public service district filing a request for waiver of this section stated in a letter directed to the commission with a brief description of the project, a verified statement by the board members that the public service district has complied with chapter five-g of this code, and further explanation of ability to evaluate their own engineering contract, including, but not limited to:
(1) Experience with the same engineering firm; or
(2) completion of a construction project requiring engineering services. The district shall also forward an executed copy of the engineering contract to the commission after receiving approval of the waiver.
(c) An engineering contract that meets one or more of the following criteria is exempt from the waiver or approval requirements:
(1) A contract with a public service district that is a Class A utility on the first day of April, two thousand three, or subsequently becomes a Class A utility as defined by commission rule;
(2) A contract with a public service district that does not require borrowing a that can be paid out of existing rates;
(3) A contract where the payment of engineering fees are contingent upon the receipt of funding, and commission approval of the funding, to construct the project which is the subject of the contract; or
(4) A contract that does not exceed fifteen thousand dollars.
(d) Requests for approval or waivers of engineering contracts shall be deemed granted thirty days after the filing date unless the staff of the Public Service Commission or a party files an objection to the request. If an objection is filed, the Public Service Commission shall issue its decision within one hundred twenty days of the filing date. In the event objection is received to a request for a waiver, the application shall be considered a request for waiver as well as a request for approval in the event of a waiver is not appropriate.
(e) Unless the properties to be constructed or acquired represent ordinary extensions or repairs of existing systems in the usual corse of business, a public service district must first obtain a certificate of public convenience and necessity from the Public Service Commission in accordance with the provision of chapter twenty-four of this code, when a public service district is seeking to acquire or construct public service property.
CHAPTER 24. PUBLIC SERVICE COMMISSION.

ARTICLE 2. POWERS AND DUTIES OF PUBLIC SERVICE COMMISSION.
§24-2-1. Jurisdiction of commission; waiver of jurisdiction.

(a) The jurisdiction of the commission shall extend to all public utilities in this state and shall include any utility engaged in any of the following public services:
Common carriage of passengers or goods, whether by air, railroad, street railroad, motor or otherwise, by express or otherwise, by land, water or air, whether wholly or partly by land, water or air; transportation of oil, gas or water by pipeline; transportation of coal and its derivatives and all mixtures and combinations thereof with other substances by pipeline; sleeping car or parlor car services; transmission of messages by telephone, telegraph or radio; generation and transmission of electrical energy by hydroelectric or other utilities for service to the public, whether directly or through a distributing utility; supplying water, gas or electricity, by municipalities or others; sewer systems servicing twenty-five or more persons or firms other than the owner of the sewer systems: Provided, That if a public utility intends to provide sewer service by an innovative, alternative method, as defined by the Federal Environmental Protection Agency, the innovative, alternative method is a public utility function and subject to the jurisdiction of the Public Service Commission regardless of the number of customers served by the innovative, alternative method; any public service district created under the provisions of article thirteen-a, chapter sixteen of this code; toll bridges, wharves, ferries; solid waste facilities; and any other public service: Provided, however, That natural gas producers who provide natural gas service to not more than twenty-five residential customers are exempt from the jurisdiction of the commission with regard to the provisions of such residential service: Provided however further, That upon request of any of the customers of such natural gas producers, the commission may, upon good cause being shown, exercise such authority as the commission may deem appropriate over the operation, rates and charges of such producer and for such length of time as the commission may consider to be proper: And provided further, That the jurisdiction the commission may exercise over the rates and charges of municipally operated public utilities is limited to that authority granted the commission in section four-b of this article: And provided further, That the decision-making authority granted to the commission in sections four and four-a of this article shall, in respect to an application filed by a public service district, be delegated to a single hearing examiner appointed from the commission staff, which hearing examiner shall be authorized to carry out all decision-making duties assigned to the commission by said sections, and to issue orders having the full force and effect of orders of the commission.
(b) The commission may, upon application, waive its jurisdiction and allow a utility operating in an adjoining state to provide service in West Virginia when:
(1) An area of West Virginia cannot be practicably and economically served by a utility licensed to operate within the State of West Virginia;
(2) Said area can be provided with utility service by a utility which operates in a state adjoining West Virginia;
(3) The utility operating in the adjoining state is regulated by a regulatory agency or commission of the adjoining state; and
(4) The number of customers to be served is not substantial. The rates the out-of-state utility charges West Virginia customers shall be the same as the rate the utility is duly authorized to charge in the adjoining jurisdiction. The commission, in the case of any such utility, may revoke its waiver of jurisdiction for good cause.
(c) Any other provisions of this chapter to the contrary notwithstanding:
(1) An owner or operator of an electric generating facility located or to be located in this state that has been designated as an exempt wholesale generator under applicable federal law, or will be so designated prior to commercial operation of the facility, and for which such facility the owner or operator holds a certificate of public convenience and necessity issued by the commission on or before the first day of July, two thousand three, shall be subject to subsections (e), (f), (g), (h), (i) and (j), section eleven-c of this article as if the certificate of public convenience and necessity for such facility were a siting certificate issued under said section and shall not otherwise be subject to the jurisdiction of the commission or to the provisions of this chapter with respect to such facility except for the making or constructing of a material modification thereof as provided in subdivision (5) of this subsection.
(2) Any person, corporation or other entity that intends to construct or construct and operate an electric generating facility to be located in this state that has been designated as an exempt wholesale generator under applicable federal law, or will be so designated prior to commercial operation of the facility, and for which facility the owner or operator does not hold a certificate of public convenience and necessity issued by the commission on or before the first day of July, two thousand three, shall, prior to commencement of construction of the facility, obtain a siting certificate from the commission pursuant to the provisions of section eleven-c of this article in lieu of a certificate of public convenience and necessity pursuant to the provisions of section eleven of this article. An owner or operator of an electric generating facility as is described in this subdivision for which a siting certificate has been issued by the commission shall be subject to subsections (e), (f), (g), (h), (i) and (j), section eleven-c of this article and shall not otherwise be subject to the jurisdiction of the commission or to the provisions of this chapter with respect to such facility except for the making or constructing of a material modification thereof as provided in subdivision (5) of this subsection.
(3) An owner or operator of an electric generating facility located in this state that had not been designated as an exempt wholesale generator under applicable federal law prior to commercial operation of the facility, that generates electric energy solely for sale at retail outside this state or solely for sale at wholesale in accordance with any applicable federal law that preempts state law or solely for both such sales at retail and such sales at wholesale, and that had been constructed and had engaged in commercial operation on or before the first day of July, two thousand three, shall not be subject to the jurisdiction of the commission or to the provisions of this chapter with respect to such facility, regardless of whether such facility subsequent to its construction has been or will be designated as an exempt wholesale generator under applicable federal law: Provided, That such owner or operator shall be subject to subdivision (5) of this subsection if a material modification of such facility is made or constructed.
(4) Any person, corporation or other entity that intends to construct or construct and operate an electric generating facility to be located in this state that has not been or will not be designated as an exempt wholesale generator under applicable federal law prior to commercial operation of the facility, that will generate electric energy solely for sale at retail outside this state or solely for sale at wholesale in accordance with any applicable federal law that preempts state law or solely for both such sales at retail and such sales at wholesale and that had not been constructed and had not been engaged in commercial operation on or before the first day of July, two thousand three, shall, prior to commencement of construction of the facility, obtain a siting certificate from the commission pursuant to the provisions of section eleven-c of this article in lieu of a certificate of public convenience and necessity pursuant to the provisions of section eleven of this article. An owner or operator of an electric generating facility as is described in this subdivision for which a siting certificate has been issued by the commission shall be subject to subsections (e), (f), (g), (h), (i) and (j), section eleven-c of this article and shall not otherwise be subject to the jurisdiction of the commission or to the provisions of this chapter with respect to such facility except for the making or constructing of a material modification thereof as provided in subdivision (5) of this subsection.
(5) An owner or operator of an electric generating facility described in this subsection shall, before making or constructing a material modification of the facility that is not within the terms of any certificate of public convenience and necessity or siting certificate previously issued for the facility or an earlier material modification thereof, obtain a siting certificate for the modification from the commission pursuant to the provisions of section eleven-c of this article in lieu of a certificate of public convenience and necessity for the modification pursuant to the provisions of section eleven of this article and, except for the provisions of section eleven-c of this article, shall not otherwise be subject to the jurisdiction of the commission or to the provisions of this chapter with respect to such modification.
(6) The commission shall consider an application for a certificate of public convenience and necessity filed pursuant to section eleven of this article to construct an electric generating facility described in this subsection or to make or construct a material modification of such electric generating facility as an application for a siting certificate pursuant to section eleven-c of this article if the application for the certificate of public convenience and necessity was filed with the commission prior to the first day of July, two thousand three, and if the commission has not issued a final order thereon as of that date.
(7) The limitations on the jurisdiction of the commission over, and on the applicability of the provisions of this chapter to, the owner or operator of an electric generating facility as imposed by, and described in this subsection, shall not be deemed to affect or limit the commission's jurisdiction over contracts or arrangements between the owner or operator of such facility and any affiliated public utility subject to the provisions of this chapter.
§24-2-11. Requirements for certificate of public convenience and necessity.

(a) No public utility, person or corporation shall begin the construction of any plant, equipment, property or facility for furnishing to the public any of the services enumerated in section one, article two of this chapter, nor apply for, nor obtain any franchise, license or permit from any municipality or other governmental agency, except ordinary extensions of existing systems in the usual course of business, unless and until it shall obtain from the Public Service Commission a certificate of public convenience and necessity authorizing such construction franchise, license or permit.
(b) Upon the filing of any application for such certificate, and after hearing, the commission may, in its discretion, issue or refuse to issue, or issue in part and refuse in part, such certificate of convenience and necessity: Provided, That the commission, after it gives proper notice and if not protest is received within thirty days after the notice is given, may waive formal hearing on the application. Notice shall be given by publication which shall state that a formal hearing may be waived in the absence of protest, made within thirty days, to the application. The notice shall be published as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. The publication area shall be the proposed area of operation.
(c) Any public utility, person or corporation subject to the provisions of this section shall give the commission at least thirty days' notice of the filing of any such application for a certificate of public convenience and necessity under this section: Provided, That the commission may modify or waive the thirty-day notice requirement and shall waive the thirty day notice requirement for projects approved by the infrastructure and jobs development council.
(d) The commission shall render its final decision on any application filed under the provisions of this section or section eleven-a of this article within two hundred seventy days of the filing of the application and within ninety days after final submission of any such application for decision following a hearing.
(e) The commission shall render its final decision on any application filed under the provisions of this section that has received the approval of the Infrastructure and Jobs Development Council pursuant to article fifteen-A of chapter thirty-one of this code, within on hundred-eighty days after filing of the application: Provided, That if a protest is received within thirty days after the notice is provided pursuant to subsection (b), the commission shall render its final decision within two hundred seventy days of the filing of the application.
(f) If the projected total cost of a project which is the
subject of an application filed pursuant to this section or section eleven-a of this article is greater than fifty million dollars, the commission shall render its final decision on any such application filed under the provisions of this section or section eleven-a of this article within four hundred days of the filing of the application and within ninety days after final submission of any such application for decision after a hearing.
(g) If a decision is not rendered within the aforementioned one hundred eighty-days, two hundred seventy days, four hundred days or ninety days, the commission shall issue a certificate fo convenience and necessity as applied for in the application.
(h) The commission shall prescribe such rules as it may deem proper for the enforcement of the provisions of this section; and, in establishing that public convenience and necessity do exist, the burden of proof shall be upon the applicant.
(i) Pursuant to the requirements of this section the commission may issue a certificate of public convenience and necessity to any intrastate pipeline, interstate pipeline, or local distribution company for the transportation in intrastate commerce of natural gas used by any person for one or more uses, as defined by rule, by the commission in the case of
(1) Natural gas sold by a producer, pipeline or other seller to such person; or
(2) Natural gas produced by such person.
(j) A public utility, including a public service district, which has received a certificate of public convenience and necessity after the eighth day of July, two thousand-five from the commission and has been approved by the infrastructure and jobs development council, is not required to, and cannot be compelled to, reopen the proceeding if the cost of the project changes but the change does not effect the rates established for the project.
(k) Any public utility, person or corporation proposing any electric power project that requires a certificate under this section is not required to obtain such certificate before applying for or obtaining any franchise, license or permit from any municipality or other governmental agency."
The bill was then ordered to third reading.
S. B. 443, Continuing hazardous waste management fee; 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 four, section twenty-two, line fifty-seven, by striking out the word "eleven" and the period and inserting in lieu thereof the following:
"eight. The Division shall by December thirty-first of each year, report to the Joint Committee on Government and Finance regarding monies collected into the hazardous waste management fee fund and expenditures by the agency, including any federal matching monies received, and providing an accounting on the collection of the fee by type of permit activity, funds being expended, and current and future projected balances of the fund."
The bill was then ordered to third reading.
(Speaker Pro Tempore Pino in the Chair)

S. B. 556, Relating to state parks and recreation system operational contracts; on second reading, coming up in regular order was read a second time.
An amendment, recommended by the Committee on Government Organization , was reported by the Clerk and adopted, amending the bill on page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 5. PARKS AND RECREATION.
§20-5-15. Authority to enter into certain operational contracts; within the state parks and public recreational system limited to ten years' duration; renewal at option of director; termination of contract by the director; terms and conditions; necessity for legislative notice and public hearing before certain recreational facilities are placed under contract.

(a) When it is considered necessary by The director to may enter into a contract with a person, firm, corporation, foundation or public agency for the operation of a commissary, restaurant, recreational facility or other establishment within the state parks and public recreational system, the contract shall be for a duration not to exceed ten years, but the contract may provide for an option to renew at the director's discretion for an additional term or terms not to exceed ten years at the time of renewal. Prior to initiating of a contract for the operation of a state park lodge, cabin, campground, gift shop, golf facility, including pro shop operations, or ski facility, the director shall submit written notice of the specific location which would be subject to the contract to the Legislature by letter to the Senate President and the Speaker of the House of Delegates. for its approval and authorization: Provided, That for contracts for gift shops or golf facilities in specific locations operated under contract on the effective date of this section, and contracts for a duration of not more than one year which provide for options to renew for not more than five succeeding years, notice to the Joint Committee on Government and Finance, but not specific legislative authorization and approval, is required prior to execution of the contract.
(b) Prior to initiating a contract for a previously state-operated state park lodge, cabin, campground, gift shop, golf facility, including pro shop operations, or ski facility, the director shall conduct a public hearing to be held at a reasonable time and place within the county in which the facility is located.
(c) Any contract entered into by the director shall provide an obligation upon the part of the operator that he or she maintain a level of performance satisfactory to the director and shall further provide that any contract may be terminated by the director in the event he or she determines that the performance is unsatisfactory and has given the operator reasonable notice of the termination."
Delegate Trump moved to amend the amendment on page two, section fifteen, line fifteen, after the word "located" and the period, by inserting the following: "Notice of the time, place and purpose of the public hearing shall be provided as a Class II legal advertisement in accordance with the provisions of chapter fifty-nine, article three, section two of this code which notice shall be given at least for the first publication twenty days in advance of said hearing."
On the adoption of the amendment, Delegate Trump demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 403), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Leach.
Absent And Not Voting: Mr. Speaker, Mr. Kiss, Ferrell, and Houston.
So, a majority of the members present and voting having voted in the affirmative, the amendment to the Committee amendment was adopted.
Delegate Trump moved to amendment the amendment on page one, section fifteen, line fourteen, by striking out the word "ten" and inserting in lieu thereof the word "two".
And,
On page one, section fifteen, line sixteen, by striking out the word "ten" and inserting in lieu thereof the word "two".
(Mr. Speaker, Mr. Kiss, in the Chair)

On the adoption of the amendment, Delegate Trump demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 404), and there were--yeas 31, nays 66, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Ashley, Blair, Border, Canterbury, Carmichael, Duke, Ellem, Evans, Frich, Hall, Hamilton, Howard, Lane, Leggett, Overington, Perdue, Porter, Roberts, Romine, Rowan, Schadler, Schoen, Sobonya, Stevens, Sumner, Susman, Tansill, Trump and Wakim.
Absent And Not Voting: Ferrell, Houston and Pino.
So, a majority of the members present and voting having not voted in the affirmative, the amendment was not adopted.
The bill was then ordered to third reading.
S. B. 620, Relating to consolidation of administrative services by boards of education and regional education service agencies; on second reading, coming up in regular order, was on motion of Delegate Staton, laid over one day.
S. B. 760, Allowing former WVU School of Mines' Director serve on Mine Inspectors' Examining Board; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 770, Relating to continuing education of osteopathic physician assistants; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page eight, section one, line one hundred thirty-two, by striking out the word, "two" and inserting in lieu thereof the word "three".
The bill was then ordered to third reading.
S. B. 787, Creating Transportation Coordinating Council; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Government Organization , was reported by the Clerk and adopted, amending the bill on page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §17-16C-4 of the Code of West Virginia, 1931, as amended, be repealed; and that said code be amended by adding thereto a new article, designated §17-16D-1, §17-16D-2, §17-16D-3 and §17-16D-4, all to read as follows:
"ARTICLE 16D. TRANSPORTATION COORDINATION.
§17-16D-1. Findings.

The Legislature finds that:
(1) The continuing development of infrastructure to support all transportation needs is essential to the state's economic development growth and to the benefit and well-being of all its citizens;
(2) Enhancing access to transportation will improve the mobility, employment opportunities and availability of community services to citizens who are transportation disadvantaged;
(3) Both state and federal government have allocated millions of dollars to fund transportation infrastructure within this state; and
(4) The state's monetary resources earmarked for this purpose may be used more efficiently and effectively through the creation of strategies to increase current resources, eliminate duplicated agency efforts and centralize the management of resources.
§17-16D-2. Transportation Coordinating Council created.

(a) The Transportation Coordinating Council is created within the Department of Transportation.
(b) The following serve as ex officio members of the council, with full voting privileges:
(1) The State Americans with Disabilities Coordinator;
(2) The Commissioner of the Bureau of Senior Services, or a designee appointed by the commissioner;
(3) The Superintendent of the Department of Education, or a designee appointed by the superintendent;
(4) The Executive Director of the West Virginia Workforce Development Division, or a designee appointed by the executive director;
(5) The Secretary of the Department of Transportation, or a designee appointed by the secretary;
(6) The Commissioner of the Bureau for Public Health, Department of Health and Human Resources, or a designee appointed by the commissioner;
(7) The Commissioner of the Bureau for Medical Services, or a designee appointed by the commissioner;
(8) The Commissioner of the Bureau for Children and Families, or a designee appointed by commissioner;
(9) The Director of the Division of Rehabilitation Services, or a designee appointed by the director;
(10) The Commissioner of the Bureau for Behavioral Health, or a designee appointed by the commissioner; and
(11) The Chair of the Emergency Medical Services Advisory Council, or his or her designee.
(c) The Governor, with the advice and consent of the Senate, shall appoint members as follows:
(1) A member representing private transportation providers;
(2) Two members representing the public transportation community;
(3) A member representing the transportation providers' community;
(4) Two members representing senior citizens; and
(5) Two members representing people with disabilities.
(d) The Governor, with the advice and consent of the Senate, shall appoint a chair of the Transportation Coordinating Council.
(e) The members appointed by the Governor serve terms of three years, except of the members initially appointed, two serve terms of one year, three serve terms of two years and three serve terms of three years, as designated by the Governor.
(f) Citizen members of the council shall receive no compensation, but shall be reimbursed for reasonable and necessary expenses actually incurred in the performance of their official duties.
§17-16D-3. Council responsibilities.
(a) The council shall study issues pertaining to the effective and efficient use of transportation resources, including, but not limited to, the following:
(1) Coordination of transportation services;
(2) Elimination of waste and overlap caused by duplicated agency efforts; and
(3) Elimination of service gaps to enhance citizen access to all available transportation and resources.
(b) The council shall coordinate its efforts with the United States Department of Transportation.
(c) The council shall participate in and apply for grants though the federal United We Ride Initiative and other funding sources available.
(d) The council shall consult with outside experts and receive the testimony of the public during its regularly scheduled meetings.
(e) The council shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, designed to implement a statewide transportation plan and pilot projects.
(f) The council, in conjunction with the Department of Health and Human Resources and the Division of Public Transit of the Department of Transportation, shall prepare and develop a statewide transportation plan. The plan shall include, without limitation, an operational framework for coordinated statewide transportation, recommendations for the implementation of the plan using funds available for this purpose, the identification and discussion of additional funds for this purpose, a discussion about goals, viability, location and need for pilot projects, and recommended time frames for implementing the plan. The council shall hold public hearings and meetings with notice to receive public input regarding the plan. The plan shall be a multiyear plan setting forth the state's goals and initiatives for coordinating and providing transportation services, but may not include those services provided by agencies licensed pursuant to the provisions of article four-c, chapter sixteen of this code.
(g) The council is authorized to propose and develop pilot projects, in conjunction with the Department of Health and Human Resources, the Division of Public Transit and the United We Ride Initiative, implementing cost-effective transportation services. The council may not utilize transportation brokers in any pilot projects developed pursuant to this subsection.
(h) The council may rely upon internal staff reports or the advice of outside advisors or consultants and may procure the services with the consent of the Secretary of Department of Transportation. The council may also involve national, state and local government leadership and other experts.
(i) The council shall report annually, on or before the first day of December, to the Governor and the Joint Committee on Government and Finance. The annual report shall include an operating report, review of any pilot projects and a progress report on the multiyear statewide transportation plan, together with drafts of any legislation necessary for the implementation of its plan.
§17-16D-4. Continuation of the Transportation Coordinating Council.

Pursuant to the provisions of article ten, chapter four of this code, the Transportation Coordinating Council shall continue to exist until the first day of July, two thousand nine, unless sooner terminated, continued or reestablished."
The bill was then ordered to third reading.
H. B. 4861, Supplementary appropriation, the department of administration -consolidated public retirement board, department of military affairs and public safety, department of revenue -tax division, etc.; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Michael, the bill was amended on page two, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0195, fiscal year 2006, organization 0205, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF ADMINISTRATION

18-Consolidated Public Retirement Board

(WV Code Chapter 5)

Fund 0195 FY 2006 Org 0205

General
Act-Revenue
ivityFunds

1
Unclassified - Total - Transfer 402
$117,804,500

The above appropriation for Unclassified - Total Transfer (fund 0195, activity 402) shall be transferred to the West Virginia Teachers' Retirement System Employers Accumulation fund (Fund 2601).
And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0430, fiscal year 2006, organization 0601, be supplemented and amended by adding thereto a new item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY

61-Department of Military Affairs and Public Safety-

Office of the Secretary

(WV Code Chapter 5F)

Fund 0430 FY 2006 Org 0601

General
Act-Revenue
ivityFunds

1a
Capital Outlay (R)
511
$10,000,000

The above appropriation shall be used for the construction of the Kenneth "Honey" Rubenstein Center formerly known as the Davis Juvenile Detention Center. This funding shall be expended only after all other funding previously appropriated for the construction of said facility has been expended.
And, That the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0470, fiscal year 2006, organization 0702, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF REVENUE

76-Tax Division

(WV Code Chapter 11)

Fund 0470 FY 2006 Org 0702

General
Act-Revenue
ivityFunds

1
Personal Services (R)
001
$92,500

3
Employee Benefits (R)
010
$36,075

4
Unclassified (R)
099
$317,500

The purpose of this supplemental appropriation bill is to supplement, amend, add, and increase appropriations in the aforesaid accounts for the designated spending units for expenditure during the fiscal year two thousand six."

The bill was then ordered to engrossment and third reading.
S. B. 793
, Making supplementary appropriation from State Fund, General Revenue, to various accounts; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Staton, the bill was amended page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0195, fiscal year 2006, organization 0205, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF ADMINISTRATION

18-Consolidated Public Retirement Board

(WV Code Chapter 5)

Fund 0195 FY 2006 Org 0205

General
Act-Revenue
ivityFunds

1
Unclassified - Total - Transfer 402
$117,804,500

The above appropriation for Unclassified - Total Transfer (fund 0195, activity 402) shall be transferred to the West Virginia Teachers' Retirement System Employers Accumulation fund (Fund 2601).
And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0430, fiscal year 2006, organization 0601, be supplemented and amended by adding thereto a new item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY

61-Department of Military Affairs and Public Safety-

Office of the Secretary

(WV Code Chapter 5F)

Fund 0430 FY 2006 Org 0601

General
Act-Revenue
ivityFunds

1a
Capital Outlay (R)
511
$10,000,000

The above appropriation shall be used for the construction of the Kenneth "Honey" Rubenstein Center formerly known as the Davis Juvenile Detention Center. This funding shall be expended only after all other funding previously appropriated for the construction of said facility has been expended.
And, That the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0470, fiscal year 2006, organization 0702, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF REVENUE

76-Tax Division

(WV Code Chapter 11)

Fund 0470 FY 2006 Org 0702

General
Act-Revenue
ivityFunds

1
Personal Services (R)
001
$92,500

3
Employee Benefits (R)
010
$36,075

4
Unclassified (R)
099
$317,500

The purpose of this supplemental appropriation bill is to supplement, amend, add, and increase appropriations in the aforesaid accounts for the designated spending units for expenditure during the fiscal year two thousand six."
The bill was then ordered to third reading.
H. B. 4860, Expiring funds to the unappropriated surplus balance in the state fund, general revenue; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Michael, the bill was amended on page four, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following: "That the balance of the funds available for expenditure in the fiscal year ending the thirtieth day of June, two thousand six, to the joint expenses, fund 0175, fiscal year 2005, organization 2300, activity 642, be decreased by expiring the amount of five million four hundred thousand dollars; to the state department of education, fund 0313, fiscal year 2006, organization 0402, activity 097, be decreased by expiring the amount of one million dollars; to the tax reduction and federal funding increased compliance fund, fund 1732, fiscal year 2006, organization 2300, be decreased by expiring the amount of twenty-four million six hundred thousand dollars; to the board of risk and insurance management - premium tax savings fund, fund 2367, fiscal year 2006, organization 0218, be decreased by expiring the amount of six million six hundred twenty-nine thousand dollars; and to the public service commission, fund 8623, fiscal year 2006, organization 0926, be decreased by expiring the amount of one million two hundred fifty thousand dollars to the unappropriated surplus balance of the state fund, general revenue, to be available for appropriation during the fiscal year two thousand six.
And, That the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0131, fiscal year 2006, organization 1400, be supplemented and amended by increasing existing items of appropriation and adding new items of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

EXECUTIVE

10-Department of Agriculture

(WV Code Chapter 19)

Fund 0131 FY 2006 Org 1400

General
Act-Revenue
ivityFunds

7Unclassified - Surplus (R)
097
$985,500

12
Predator Control - Surplus (R)
65,000

20a
Jackson's Mill - Surplus (R)
842
500,000

20b
4-H Camp Improvements - Surplus (R)
600,000

Any unexpended balance remaining in the appropriation for Predator Control - Surplus(fund 0131, activity ), Jackson's Mill - Surplus(fund 0131, activity 842), and 4-H Camp Improvements - Surplus(fund 0131, activity ) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0132, fiscal year 2006, organization 1400, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

EXECUTIVE

11-West Virginia Conservation Agency

(WV Code Chapter 19)

Fund 0132 FY 2006 Org 1400

General
Act-Revenue
ivityFunds

5Soil Conservation Projects -
Surplus (R)
269
$2,100,000

And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0195, fiscal 2006, organization 0205, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from general revenue.

DEPARTMENT OF ADMINISTRATION

18-Consolidated Public Retirement Board

(WV Code Chapter 5)

Fund 0195 FY 2006 Org 0205

General
Act-Revenue
ivityFund

1Unclassified - Total -
Transfer - Surplus 682
$32,895,500

From the above appropriation for Unclassified - Total - Transfer - Surplus (fund 0195, activity 682) shall be transferred to the Consolidated Public Retirement Board - West Virginia Teachers' Retirement System Employers Accumulation Fund (Fund 2601).
And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0313, fiscal year 2006, organization 0402 be supplemented and amended by adding new items of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF EDUCATION

41-State Department of Education

(WV Code Chapters 18 and 18A)

Fund 0313 FY 2006 Org 0402

General
Act-Revenue
ivityFunds

27a
Transportation Costs - Surplus (R)
$3,500,000

27b
Educational Enhancements -

Surplus (R)
4,000,000

Any unexpended balance remaining in the appropriation for Transportation Costs - Surplus(fund 0313, activity ) and Educational Enhancements - Surplus(fund 0313, activity ) at the close of fiscal year 2006 is hereby reappropriated for expenditure in fiscal year 2007.
And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0310, fiscal year 2006, organization 0932, be supplemented and amended by increasing an existing item of appropriation and adding a new item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF EDUCATION AND THE ARTS

51-State Board of Rehabilitation-

Division of Rehabilitation Services

(WV Code Chapter 18)

Fund 0310 FY 2006 Org 0932

General
Act-Revenue
ivityFunds

1Personal Services - Surplus243
$246,000

10
Capital Outlay, Repairs and

10a
Equipment - Surplus (R)677
782,000

And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0403, fiscal year 2006, organization 0511, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF HEALTH AND

HUMAN RESOURCES

60-Division of Human Services

(WV Code Chapters 9, 48 and 49)

Fund 0403 FY 2006 Org 0511

General
Act-Revenue
ivityFunds

32Indigent Burials-Surplus (R)076
$100,000

And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0450, fiscal year 2006, organization 0608, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF MILITARY AFFAIRS

AND PUBLIC SAFETY

67-Division of Corrections-

Correctional Units

(WV Code Chapters 25, 28, 49, 62)

Fund 0450 FY 2006 Org 0608

General
Act-Revenue
ivityFunds

1
Unclassified - Surplus097
$1,500,000

Any unexpended balance remaining in the appropriation for Unclassified - Surplus (fund 0450, activity 097) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0582, fiscal year 2006, organization 0807, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF TRANSPORTATION

83-Aeronautics Commission

(WV Code Chapter 29)

Fund 0582 FY 2006 Org 0807

General
Act-Revenue
ivityFunds

1Unclassified - Surplus (R)097
$400,000

The purpose of this bill is to expire funds into the unappropriated surplus balance in the state fund, general revenue, and to supplement, amend, add, and increase items of appropriation in the aforesaid accounts for the designated spending units for expenditure during the fiscal year two thousand six."
And,
On page three, by striking out the first preamble and inserting in lieu thereof the following:
"Whereas, The Legislature finds that the account balance in the joint expenses, fund 0175, fiscal year 2005, organization 2300, activity 642, the state department of education, fund 0313, fiscal year 2006, organization 0402, activity 097, the tax reduction and federal funding increased compliance fund, fund 1732, fiscal year 2006, organization 2300, the board of risk and insurance management - premium tax savings fund, fund 2367, fiscal year 2006, organization 0218, the public service commission, fund 8623, fiscal year 2006, organization 0926, exceeds that which is necessary for the purposes for which the accounts were established; and".
The bill was then ordered to engrossment and third reading.
S. B. 794, Expiring funds to unappropriated surplus balance State Fund, General Revenue, to various accounts and making supplementary appropriation to various accounts; on second reading, coming up in regular order was read a second time.
On motion of Delegate Staton, the bill was amended on page two, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
That the balance of the funds available for expenditure in the fiscal year ending the thirtieth day of June, two thousand six, to the joint expenses, fund 0175, fiscal year 2005, organization 2300, activity 642, be decreased by expiring the amount of five million four hundred thousand dollars; to the state department of education, fund 0313, fiscal year 2006, organization 0402, activity 097, be decreased by expiring the amount of one million dollars; to the tax reduction and federal funding increased compliance fund, fund 1732, fiscal year 2006, organization 2300, be decreased by expiring the amount of twenty-four million six hundred thousand dollars; to the board of risk and insurance management - premium tax savings fund, fund 2367, fiscal year 2006, organization 0218, be decreased by expiring the amount of six million six hundred twenty-nine thousand dollars; and to the public service commission, fund 8623, fiscal year 2006, organization 0926, be decreased by expiring the amount of one million two hundred fifty thousand dollars to the unappropriated surplus balance of the state fund, general revenue, to be available for appropriation during the fiscal year two thousand six.
And, That the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0131, fiscal year 2006, organization 1400, be supplemented and amended by increasing existing items of appropriation and adding new items of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

EXECUTIVE

10-Department of Agriculture

(WV Code Chapter 19)

Fund 0131 FY 2006 Org 1400

General
Act-Revenue
ivityFunds

7Unclassified - Surplus (R)
097
$985,500

12
Predator Control - Surplus (R)
65,000

20a
Jackson's Mill - Surplus (R)
842
500,000

20b
4-H Camp Improvements - Surplus (R)
600,000

Any unexpended balance remaining in the appropriation for Predator Control - Surplus(fund 0131, activity ), Jackson's Mill - Surplus(fund 0131, activity 842), and 4-H Camp Improvements - Surplus(fund 0131, activity ) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0132, fiscal year 2006, organization 1400, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

EXECUTIVE

11-West Virginia Conservation Agency

(WV Code Chapter 19)

Fund 0132 FY 2006 Org 1400

General
Act-Revenue
ivityFunds

5Soil Conservation Projects -
Surplus (R)
269
$2,100,000

And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0195, fiscal 2006, organization 0205, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from general revenue.

DEPARTMENT OF ADMINISTRATION

18-Consolidated Public Retirement Board

(WV Code Chapter 5)

Fund 0195 FY 2006 Org 0205

General
Act-Revenue
ivityFund

1Unclassified - Total -
Transfer - Surplus 682
$32,895,500

From the above appropriation for Unclassified - Total - Transfer - Surplus (fund 0195, activity 682) shall be transferred to the Consolidated Public Retirement Board - West Virginia Teachers' Retirement System Employers Accumulation Fund (Fund 2601).
And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0313, fiscal year 2006, organization 0402 be supplemented and amended by adding new items of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF EDUCATION

41-State Department of Education

(WV Code Chapters 18 and 18A)

Fund 0313 FY 2006 Org 0402

General
Act-Revenue
ivityFunds

27a
Transportation Costs - Surplus (R)
$3,500,000

27b
Educational Enhancements -

Surplus (R)
4,000,000

Any unexpended balance remaining in the appropriation for Transportation Costs - Surplus(fund 0313, activity ) and Educational Enhancements - Surplus(fund 0313, activity ) at the close of fiscal year 2006 is hereby reappropriated for expenditure in fiscal year 2007.
And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0310, fiscal year 2006, organization 0932, be supplemented and amended by increasing an existing item of appropriation and adding a new item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF EDUCATION AND THE ARTS

51-State Board of Rehabilitation-

Division of Rehabilitation Services

(WV Code Chapter 18)

Fund 0310 FY 2006 Org 0932

General
Act-Revenue
ivityFunds

1Personal Services - Surplus243
$246,000

10
Capital Outlay, Repairs and

10a
Equipment - Surplus (R)677
782,000

And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0403, fiscal year 2006, organization 0511, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF HEALTH AND

HUMAN RESOURCES

60-Division of Human Services

(WV Code Chapters 9, 48 and 49)

Fund 0403 FY 2006 Org 0511

General
Act-Revenue
ivityFunds

32Indigent Burials-Surplus (R)076
$100,000

And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0450, fiscal year 2006, organization 0608, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF MILITARY AFFAIRS

AND PUBLIC SAFETY

67-Division of Corrections-

Correctional Units

(WV Code Chapters 25, 28, 49, 62)

Fund 0450 FY 2006 Org 0608

General
Act-Revenue
ivityFunds

1
Unclassified - Surplus097
$1,500,000

Any unexpended balance remaining in the appropriation for Unclassified - Surplus (fund 0450, activity 097) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0582, fiscal year 2006, organization 0807, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF TRANSPORTATION

83-Aeronautics Commission

(WV Code Chapter 29)

Fund 0582 FY 2006 Org 0807

General
Act-Revenue
ivityFunds

1Unclassified - Surplus (R)097
$400,000

The purpose of this bill is to expire funds into the unappropriated surplus balance in the state fund, general revenue, and to supplement, amend, add, and increase items of appropriation in the aforesaid accounts for the designated spending units for expenditure during the fiscal year two thousand six.
The bill was then ordered to third reading.
H. B. 4862, Supplementary appropriation, department of military affairs and public safety - office of emergency services; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for S. B. 10, Allowing tax credits for community foundation contributions; 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 four, section fifteen-a, line fifty-two, following the word "equals" by striking the word "three" and inserting in lieu thereof the word "one".
And
On page seven, section eleven-b, line forty-eight, following the word "equals" by striking out the word "three" and inserting in lieu thereof the word "one".
The bill was then ordered to third reading.
Com. Sub. for S. B. 53
, Changing ratio of school nurses to enrollment; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page two, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §18-5-22 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §18-9A-10a, all to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-22. Medical and dental inspection; school nurses; specialized health procedures; establishment of council of school nurses.

(a) County boards shall provide proper medical and dental inspections for all pupils attending the schools of their county and have the authority to take any other action necessary to protect the pupils from infectious diseases, including the authority to require from all school personnel employed in their county, certificates of good health and of physical fitness.
(b) Each county board shall employ full time at least one school nurse for every one thousand five hundred kindergarten through seventh grade pupils in net enrollment or major fraction thereof: Provided, That each county shall employ full time at least one school nurse: Provided, however, That a county board may contract with a public health department for services considered equivalent to those required by this section in accordance with a plan to be approved by the state board: Provided further, That the state board shall promulgate rules requiring the employment of school nurses in excess of the number required by this section to ensure adequate provision of services to severely handicapped pupils. An appropriation may be made to the state department to be distributed to county boards to support school health service needs that exceed the capacity of staff as mandated in this section. Each county board shall apply to the State Superintendent for receipt of this funding in a manner set forth by the State Superintendent that assesses and takes into account varying acuity levels of students with specialized health care needs.
(c) Any person employed as a school nurse must be a registered professional nurse properly licensed by the West Virginia Board of Examiners for Registered Professional Nurses in accordance with article seven, chapter thirty of this code.
(d) Specialized health procedures that require the skill, knowledge and judgment of a licensed health professional, may be performed only by school nurses, other licensed school health care providers as provided for in this section, or school employees who have been trained and retrained every two years who are subject to the supervision and approval by school nurses. After assessing the health status of the individual student, a school nurse, in collaboration with the student's physician, parents and in some instances an individualized education program team, may delegate certain health care procedures to a school employee who shall be trained pursuant to this section, considered competent, have consultation with, and be monitored or supervised by the school nurse: Provided, That nothing in this section prohibits any school employee from providing specialized health procedures or any other prudent action to aid any person who is in acute physical distress or requires emergency assistance. For the purposes of this section 'specialized health procedures' means, but is not limited to, catheterization, suctioning of tracheostomy, naso-gastric tube feeding or gastrostomy tube feeding. 'School employee' means 'teachers', as defined in section one, article one of this chapter and 'aides', as defined in section eight, article four, chapter eighteen-a of this code. Commencing with the school year beginning on the first day of July, two thousand two, 'school employee' also means 'secretary I', 'secretary II' and 'secretary III', as defined in section eight, article four, chapter eighteen-a of this code: Provided, however, That a 'secretary I', 'secretary II' and 'secretary III' shall be limited to the dispensing of medications.
(e) Any school service employee who elects, or is required by this section, to undergo training or retraining to provide, in the manner specified in this section, the specialized health care procedures for those students for which the selection has been approved by both the principal and the county board, shall receive additional pay of at least one pay grade higher than the highest pay grade for which the employee is paid: Provided, That any training required in this section may be considered in lieu of required in-service training of the school employee and a school employee may not be required to elect to undergo the training or retraining: Provided, however, That commencing with the first day of July, one thousand nine hundred eighty-nine any newly employed school employee in the field of special education is required to undergo the training and retraining as provided for in this section: Provided further, That if an employee who holds a class title of an aide is employed in a school and the aide has received the training, pursuant to this section, then an employee in the field of special education is not required to perform the specialized health care procedures.
(f) Each county school nurse, as designated and defined by this section, shall perform a needs assessment. These nurses shall meet on the basis of the area served by their regional educational service agency, prepare recommendations and elect a representative to serve on the council of school nurses established under this section.
(g) There shall be a council of school nurses which shall be convened by the State Board of Education. This council shall prepare a procedural manual and shall provide recommendations regarding a training course to the Commissioner of the Bureau for Public Health who shall consult with the State Department of Education. The commissioner state board then has the authority to promulgate a rule in accordance with the provisions of article three three-b, chapter twenty-nine-a of this code, to implement the training and to create standards used by those school nurses and school employees performing specialized health procedures. The council shall meet every two years to review the certification and training program regarding school employees.
(h) The State Board of Education shall work in conjunction with county boards to provide training and retraining every two years as recommended by the council of school nurses and implemented by the rule promulgated by the commissioner state board.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-10a. Allowance for student health services.
(a) The Legislature finds that the need for heath services has grown over the years in the public schools, particularly with respect to serving special needs students and regulations on the administration of medications, and the existing statutorily required ratio of one nurse for each one thousand five hundred students in net enrollment in grades kindergarten through seven is no longer adequate. The Legislature further finds that limits on state funded professional personnel, required ratios for instructional personnel and declining student population and population density require county boards to make increasingly difficult decisions with respect to the instructional personnel employed in the classroom and those that provide health and other services to students. Therefore, the intent of this section is to augment the funding of instructional personnel and to assure improved health services for students by partially funding nurse positions for certain counties as an intermediate step toward improving instructional personnel staffing. The Legislature intends to further examine the state basic foundation program in context with the changing educational environment and address the staffing and other needs of the public schools as may be indicated through that examination.
(b) Commencing with the school year beginning on the first day of July, two thousand six, notwithstanding any other provision of this code to the contrary and not subject to nor counted toward the respective ratios of professional and instructional personnel per students in adjusted and net enrollment set forth in sections four and five-a of this article, counties shall receive funding at the state average contracted salary for nurses plus fixed charges, retirement and the public employee insurance employer premium for nurse positions as determined by applying a ratio of one nurse per each one thousand five hundred students in net enrollment, or major fraction thereof, in grades pre- kindergarten through twelve, less existing nurses employed during the two thousand five-two thousand six school year, to the extent funds are available."
The bill was then ordered to third reading.
Com. Sub. for S. B. 219, Changing expiration date of graduated driver's licenses; prohibiting cell phone use by certain minors; 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 ten, section three-a, line eighty-three, by striking out the words "On and after the first day of January, two thousand one, any person under the age of eighteen who does not possess a junior or regular driver's license", and inserting in lieu thereof the words "Any person under the age of eighteen".
The bill was then ordered to third reading.
Com. Sub. for S. B. 439, Strengthening one-call system requirements for excavators' damage; 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 four, section three, lines thirty-six and thirty-seven, by striking out the words "went to the site but".
And,
On page nine, section five, line ninety-eight, by striking out subsection (e) in its entirety and inserting in lieu thereof the following:
"(e) Any person who fails to notify the one-call system prior to performing any excavation or demolition, or fails to follow the reporting provisions of this section, or who violates any other provision of this section, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five thousand dollars."
The bill was then ordered to third reading.
S. B. 483, Providing confidentiality of circuit court records involving guardianship of minors; 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 one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 10. GUARDIANS AND WARDS GENERALLY.
§44-10-3. Appointment and revocation of guardian by county commission.
(a) The circuit court or family court of the county in which the minor resides, or if the minor is a nonresident of the state, the county in which the minor has an estate, may appoint as the minor's guardian a suitable person. The father or mother shall receive priority. However, in every case, the competency and fitness of the proposed guardian and the welfare and best interests of the minor shall be given precedence by the court when appointing the guardian. (b) Within five days of the filing of a petition for the appointment of a guardian, the circuit clerk shall notify the court. The court shall hear the petition for the appointment of a guardian within ten days after the petition is filed.
(c) The court, the guardian or the minor may revoke or terminate the guardianship appointment when:
(1) The minor reaches the age of eighteen and executes a release stating that the guardian estate was properly administered and that the minor has received the assets of the estate from the guardian;
(2) The guardian or the minor dies;
(3) The guardian petitions the court to resign and the court enters an order approving the resignation; or
(4) A petition is filed by the guardian, the minor, an interested person or upon the motion of the court stating that the minor is no longer in need of the assistance or protection of a guardian.
(d) A guardianship may not be terminated by the court if there are any assets in the estate due and payable to the minor: Provided, That another guardian may be appointed upon the resignation of a guardian whenever there are assets in the estate due and payable to the minor.
(e) Records of a guardian proceeding involving a minor are confidential, and shall not be disclosed to anyone who is not a party to the proceeding, counsel of record for the proceeding or presiding over the proceeding, absent a court order permitting examination of such records."
The bill was then ordered to third reading.
S. B. 484, Utilizing community corrections programs in pretrial supervision; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 497, Repealing requirement nonresidents post security for court costs; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 538, Relating to state employees' 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 five, section two, line thirty-nine, following the words "state employer", by striking out the word "of" and inserting in lieu thereof the word "or".
On page eleven, section eleven, line five, following the word "article" and the period, by striking the remainder of the subsection.
And,
On page twelve, section thirteen, line one, following the word "right" and the comma, by inserting the following: "created pursuant to this article,".
The bill was then ordered to third reading.
S. B. 581, Amending definition of "person" relating to motor fuel excise tax; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 609, Relating to time period for filing senior citizens' property tax credit claim; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 626, Requiring annual personal income tax withholding reconciliations; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 693, Removing certain Court of Claims' review procedures; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §14-2-18, §14-2-19 and §14-2-20 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 2. CLAIMS AGAINST THE STATE.
§14-2-18. Advisory determination procedure.
The governor or the head of a state agency may refer to the court for an advisory determination the question of the legal or equitable status, or both, of a claim against the state or a state agency. This procedure shall apply only to such claims as are within the jurisdiction of the court. The procedure shall be substantially as follows:
1. There shall be filed with the clerk, the record of the claim including a full statement of the facts, the contentions of the claimant, and such other materials as the rules of the court may require. The record shall submit specific questions for the court's consideration.
2. The clerk shall examine the record submitted and if he . If he or she finds that it is adequate under the rules, he or she shall give a copy of all materials submitted to the Joint Committee on Government and Finance. If the Joint Committee on Government and Finance shall so direct, the clerk shall place the claim on a special docket. If he the clerk finds the record inadequate, he or she shall refer it back to the officer submitting it with the request that the necessary additions or changes be made.
3. When a claim is reached on the special docket, the court shall prepare a brief opinion for the information and guidance of the officer. The claim shall be considered informally and without hearing. A claimant shall not be entitled to appear in connection with the consideration of the claim.
4. The opinion shall be filed with the clerk. A copy shall be transmitted to the officer who referred the claim.
An advisory determination shall not bar the subsequent consideration of the same claim if properly submitted by, or on behalf of, the claimant. Such subsequent consideration, if undertaken, shall be de novo.
§14-2-19. Claims under existing appropriations.
A claim arising under an appropriation made by the Legislature during the fiscal year to which the appropriation applies, and falling within the jurisdiction of the court, may be submitted by:
1. A claimant whose claim has been rejected by the state agency concerned or by the state auditor.
2. The head of the state agency concerned in order to obtain a determination of the matters in issue.
3. The state auditor in order to obtain a full hearing and consideration of the merits.
When such submittal is made, the clerk shall give a copy of the submittal to the Joint Committee on Government and Finance. If the Joint Committee on Government and Finance shall so direct, the clerk shall place such claim on its docket. Upon its placement on the docket, the The regular procedure, so far as applicable, shall govern the consideration of the claim by the court. If the court finds that the claimant should be paid, it shall certify the approved claim and award to the head of the appropriate state agency, the state auditor, and to the governor. The governor may thereupon instruct the auditor to issue his or her warrant in payment of the award and to charge the amount thereof to the proper appropriation. The auditor shall forthwith notify the state agency that the claim has been paid. Such an expenditure shall not be subject to further review by the auditor upon any matter determined and certified by the court.
§14-2-20. Claims under special appropriations.
Whenever the Legislature makes an appropriation for the payment of claims against the state, then accrued or arising during the ensuing fiscal year, the determination of claims and the payment thereof may be made in accordance with this section. However, this section shall apply only if the Legislature in making its appropriation specifically so provides and only after specific direction to hear the claim is given by the Joint Committee on Government and Finance.
The claim shall be considered and determined by the regular or shortened procedure, as the case may be, and the amount of the award shall be fixed by the court. The clerk shall certify each approved claim and award, and requisition relating thereto, to the auditor. The auditor thereupon shall issue his or her warrant to the treasurer in favor of the claimant. The auditor shall issue his or her warrant without further examination or review of the claim except for the question of a sufficient unexpended balance in the appropriation."
The bill was then ordered to third reading.
S. B. 788, Relating to elections; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-46. Training program for election officials.
(a) The Secretary of State in conjunction with the State Election Commission shall produce one or more audio-visual programs which shall explain and illustrate the procedures for conducting elections, the duties of the various election officials and the methods of voting on each voting system in use in the state.
(b) One copy of the appropriate training program shall be distributed to and kept and preserved by the clerk of the county commission of each county. The program shall be shown to all election officials before each election as part of their instructional program. The clerk of the county commission shall conduct an adequate number of sessions to train all election officials and shall schedule the regular sessions not less than seven days before each election and shall notify all election officials of the exact date, time and place such instructional program will be conducted.
(c) No person shall may serve as an election commissioner or poll clerk in any election unless he or she has attended such the instructional program required by subsection (a) of this section. A person to replace any If an election official who fails to attend the instructional program, another person shall be appointed in the election official's place in the same manner as persons are appointed under the provisions of section thirty of this article to replace election officials refusing to serve and the clerk of the county commission shall conduct an additional instructional program within the seven days prior to the election for any such person or persons so appointed: Provided, That in cases of emergency when no person who has attended the instructional program for that election is available to fill a vacancy on the election board, the clerk of the county commission may appoint such person as a commissioner or poll clerk notwithstanding that such person has not received the instruction.
(d) The requirements of this section shall apply to all elections conducted by municipalities, except that the recorder or municipal clerk responsible for the election shall perform the duties of the clerk of the county commission defined herein in this section. The clerk of the county commission may assist the recorder or municipal clerk in conducting the instructional program.
(e) While such When the instructional program is not being used by the clerk for instructional purposes, it shall be available to any duly organized civic, religious, educational or charitable group without charge, except that the clerk shall require a cash deposit on such use in an amount to be determined by the secretary of state.
(f) The Secretary of State shall cause such the instructional program to be amended, edited or reproduced whenever he or she is of the opinion such revision is necessary in light of changes in the election laws of this state.
(g) No elected official shall may appear in such program either in person or by visual image or by name.
(h) Every county clerk shall attend a training, to be conducted by the Secretary of State every two years, for the purpose of reviewing the election official training and receiving updates on election law matters.
ARTICLE 2. REGISTRATION OF VOTERS.
§3-2-5. Forms for application for registration; information required and requested; types of application forms; notices.

(a)(1) All state forms for application for voter registration shall be prescribed by the secretary of state and shall conform with the requirements of 42 U. S. C. §1973gg, et seq., the National Voter Registration Act of 1993 and the requirements of the provisions of this article. Separate application forms may be prescribed for voter registration conducted by the clerk of the county commission, registration by mail, registration in conjunction with an application for motor vehicle driver's license and registration at designated agencies. These forms may consist of one or more parts, may be combined with other forms for use in registration by designated agencies or in conjunction with driver licensing and may be revised and reissued as required by the secretary of state to provide for the efficient administration of voter registration.
(2) Notwithstanding any provisions of subdivision (1) of this subsection to the contrary, the federal postcard application for voter registration issued pursuant to 42 U. S. C. §1973, et seq., the Uniformed and Overseas Citizens Absentee Voting Act of 1986, and the mail voter registration application form prescribed by the Federal Election Commission pursuant to 42 U. S. C. §1973gg, et seq., the National Voter Registration Act of 1993, shall be accepted as a valid form of application for registration pursuant to the provisions of this article.
(b) Each application form for registration shall include:
(1) A statement specifying the eligibility requirements for registration and an attestation that the applicant meets each eligibility requirement;
(2) Any specific notice or notices required for a specific type or use of application by 42 U. S. C. §1973gg, et seq., the National Voter Registration Act of 1993;
(3) A notice that a voter may be permitted to vote the partisan primary election ballot of a political party only if the voter has designated that political party on the application for registration unless the political party has determined otherwise;
(4) The last four digits of the applicant's social security number or the applicant's driver's license number or if the applicant does not have a driver's license, then the last four digits of the applicant's social security number; and
(5) Any other instructions or information essential to complete the application process.
(c) Each application form shall require that the following be provided by the applicant, under oath, and any application which does not contain each of the following shall be considered incomplete:
(1) The applicant's legal name, including the first name, middle or maiden name, if any, and last name;
(2) The month, day and year of the applicant's birth;
(3) The applicant's residence address, including the number and street or route and city and county of residence except:
(A) In the case of a person eligible to register under the provisions of 42 U. S. C. §1973ff, et seq., the Uniformed and Overseas Citizens Absentee Voting Act, the address at which he or she last resided before leaving the United States or entering the uniformed services, or if a dependent child of such a person, the address at which his or her parent last resided; and
(B) In the case of a homeless person having no fixed residence address who nevertheless resides and remains regularly within the county, the address of a shelter, assistance center or family member with whom he or she has regular contact or other specific location approved by the clerk of the county commission for the purposes of establishing a voting residence; and
(4) The applicant's signature, under penalty of perjury, as provided in section thirty-six of this article to the attestation of eligibility to register to vote and to the truth of the information given.
(d) The applicant shall be requested to provide the following information, but no application shall be rejected for lack of this information:
(1) An indication whether the application is for a new registration, change of address, change of name or change of party affiliation;
(2) The applicant's choice of political party affiliation, if any, or an indication of no affiliation: Provided, That any applicant who does not enter any choice of political party affiliation shall be listed as having no party affiliation on the voting record;
(3) The applicant's residence mailing address if different than the residence street address;
(4) The last four digits of the applicant's social security number;
(5) The applicant's telephone number;
(6) The address at which the applicant was last registered to vote, if any, for the purpose of canceling or transferring the previous registration; and
(7) The applicant's gender.
(e) The Secretary of State shall prescribe the printing specifications of each type of voter registration application and the voter registration application portion of any form which is part of a combined agency form.
(f) Application forms prescribed in this section may refer to various public officials by title or official position, but in no case may the actual name of any officeholder be printed on the voter registration application or on any portion of a combined application form.
(g) No later than the first day of July of each odd-numbered year, the Secretary of State shall submit the specifications of the voter registration application by mail for statewide bidding for a contract period beginning the first day of September of each odd-numbered year and continuing for two calendar years. The successful bidder shall produce and supply the required mail voter registration forms at the contract price to all purchasers of the form for the period of the contract.
§3-2-10. Application for registration by mail.
(a) Any qualified person may apply to register, change, transfer or correct his or her voter registration by mail. Application shall be made on a prescribed form as provided by section five of this article.
(b) To the extent possible, with funds allocated annually for such purpose, the Secretary of State shall make state mail registration forms available for distribution through governmental and private entities and organized voter registration programs. The Secretary of State shall make a record of all requests by entities or organizations for ten two hundred or more forms with a description of the dates and locations in which the proposed registration drive is to be conducted. The Secretary of State shall also require the entity or organization requesting the forms to provide contact information on a form prescribed by the Secretary of State. The Secretary of State may limit the distribution to a reasonable amount per group.
(c) The clerk of the county commission shall provide up to four mail registration forms to any resident of the county upon request. To the extent possible with funds allocated annually for the purpose, the clerk of the county commission shall make state mail registration forms available for distribution through organized voter registration programs within the county. The clerk of the county commission shall make a record of all requests by entities or organizations for ten or more forms with a description of the dates and locations in which the proposed registration drive is to be conducted. The clerk may limit the distribution to a reasonable amount per group.
(d) The applicant shall provide all required information and, only after completing the information, sign the prescribed applicant's oath under penalty of perjury as provided in section thirty-six of this article. No person may alter or add any entry or make any mark which would alter any material information on the voter registration application after the applicant has signed the oath: Provided, That the clerk of the county commission may correct any entry upon the request of the applicant provided the request is properly documented and the correction is dated and initialed by the clerk.
(e) Completed applications shall be mailed or delivered to the clerk of the county commission of the county in which the voter resides. If a clerk receives a completed mail application form from a voter whose residence address is located in another county, the clerk shall forward that application within three days to the clerk of the county commission of the county of the applicant's residence.
(f) Upon receipt of the application for registration by the appropriate clerk of the county commission, the clerk shall:
(1) Attempt to establish whether the residence address given is within the boundaries of an incorporated municipality and, if so, make the proper entry required for municipal residents to be properly identified for municipal voter registration purposes; and
(2) Immediately begin the verification process required by the provisions of section sixteen of this article.
(g) Any person who registers by mail pursuant to this section and who has not previously voted in an election in the state or if the statewide voter registration has not yet been implemented, the voter has not previously voted in the county, shall be required to present the following forms of identification to the Secretary of State or clerk of the county commission:
(1) In the case of an individual who votes in person, a current and valid photo identification; or a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the voter;
(2) In the case of an individual who votes by mail, submits with the ballot a copy of a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the voter, submitted with the ballot.
(h) An individual who desires to vote in person or by mail, but who does not meet the requirements of subsection (g) of this section, may cast a provisional ballot.
(i) Subsection (g) of this section shall does not apply in the case of a person:
(1) Who registers to vote by mail under 42 U. S. C. §1973gg-4, et seq., and submits as part of his or her registration either a copy of a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck or government document that shows the name and address of the voter;
(2) (A) Who registers to vote by mail under 42 U. S. C. §1973gg-4, et seq., and submits with his or her registration either a driver's license number or at least the last four digits of the individual's social security number; and (B) with respect to whom the Secretary of State or clerk of the county commission matches the information submitted under paragraph (A) of this subdivision with an existing state identification record bearing the same number, name and date of birth as provided in the registration; or
(3) Who is: (A) Entitled to vote by absentee ballot under 42 U. S. C. §1973ff-1, et seq., the Uniformed and Overseas Citizens Absentee Voting Act; (B) provided the right to vote otherwise than in person under 42 U. S. C. §1973ee-1(b)(2)(B)(ii); or 25 (iii), section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act; (C) entitled to vote otherwise than in person under any other federal law: Provided, That any person who has applied for an absentee ballot pursuant to the provisions of subdivision (1), subsection (b), section one, article three of this chapter; paragraph (B), subdivision (2) of said subsection; subdivision (3) of said subsection; or subsection (c) of said section shall may not have his or her ballot in that election challenged for failure to appear in person or for failure to present identification.
(j) Any person who submits a state mail voter registration application to the clerk of the county commission in the county in which he or she is currently registered for the purpose of entering a change of address within the county, making a change of party affiliation or recording a change of legal name shall not be required to make his or her first vote in person or to present identification or proof of age.
(k) On and after the first day of July, two thousand six, any person who agrees to mail or to deliver a signed voter registration application to the Secretary of State or the clerk of the county commission and who intentionally interferes with the applicant's effort to register either by destroying the application or by failing to mail or to deliver the application in a timely manner is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars, or confined in a jail for not more than one year, or both. For purposes of this subsection, the mailing or delivery of an application is timely if it is mailed or delivered within fifteen days after the applicant signs the application or in accordance with the provisions of article two, chapter three of this code for processing before the closing of the registration records for the pending election, whichever comes first.
(l) On or after the first day of July, two thousand six, any person who intentionally solicits multiple registrations from any one person or who intentionally falsifies a registration application is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars, or confined in jail for not more than one year, or both.
ARTICLE 3. VOTING BY ABSENTEES.
§3-3-8. Disposition and counting of absent voters' ballots.
(a) In counties using paper ballots, all absentee ballots shall be processed as follows:
(1) The ballot boxes containing the absentee ballots shall be opened in the presence of the clerk of the county commission and two representatives of opposite political parties;
(2) The ballots shall be separated by precincts as stated on the sealed envelopes containing the ballots; and
(3) Absentee ballots shall be delivered to the polls to be opened and counted in accordance with section thirty-three, article one of this chapter, section fifteen, article five of this chapter; and section six, article six of this chapter. Disclosure of any results before the voting has been closed and the precinct returns posted on the door of the polling place shall be a per se violation of the oath taken by the counting board. In all other counties, counting is to begin immediately after closing of the polls.
(b) In the counties using punch card systems, the absentee ballots shall be processed as follows:
(1) On election day, the ballot boxes containing the absentee ballots shall be delivered to the central counting center and opened in the presence of the clerk of the county commission and two representatives of opposite political parties;
(2) The ballots shall be separated by precincts as stated on the sealed envelopes containing the ballots; and
(3) The absentee ballots shall be counted in accordance with section twenty-seven, article four-a of this chapter.
(c)
(b) In counties using optical scan systems, the absentee ballots shall be processed as follows:
(1) On election day, the ballot boxes containing the absentee ballots shall be delivered to the central counting center and opened in the presence of the clerk of the county commission and two representatives of opposite political parties; and
(2) The absentee ballots shall be counted in accordance with section twenty-seven, article four-a of this chapter.
(d) (c) In counties using direct recording elections systems, the absentee ballots shall be counted in accordance with section twenty-seven, article four-a of this chapter. as follows:
(1) On election day, the ballot boxes containing the paper absentee ballots shall be delivered to the central counting center and opened in the presence of the clerk of the county commission and two representatives of opposite political parties; and
(2) Each absentee ballot shall be recorded on a direct recording voting terminal designated by the clerk of the county commission as the terminal for absentee tabulations, after being read aloud by a separate team of two representatives of opposite political parties; and
(3) The ballot shall be verified by both teams as being accurately printed on the paper receipt before the ballot is tabulated; and
(4) The appropriate election officials shall follow the procedures set out in subsections (a), (b), (d) and (e), section twenty-seven, article four-a of this chapter and subdivisions (3), (4), (5) and (6), subsection (c) of said section.
(e) (d) The provisional ballots shall be deposited in a provisional ballot envelope and delivered to the board of canvassers.
(f) (e) Any election official who determines a person has voted an absent voter's ballot and has also voted at the polls on election day must report the fact to the prosecuting attorney of the county in which the votes were cast.
ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.
§3-5-23. Certificate nominations; requirements and control; penalties.

(a) Groups of citizens having no party organization may nominate candidates for public office otherwise than by conventions or primary elections. In the case, the candidate or candidates, jointly or severally, shall file a declaration with the Secretary of State if the office is to be filled by the voters of more than one county, or with the clerk of the county commission of the county if the office is to be filled by the voters of one county or political subdivision thereof; the declaration to be filed at least thirty days prior to the time of filing the certificate provided by section twenty-four of this article: Provided, That the deadline for filing the certificate for persons seeking ballot access as a candidate for the office of President or Vice President shall be filed not later than the first day of August preceding the general election. At the time of filing of the declaration each candidate shall pay the filing fee required by law, and if the declaration is not so filed or the filing fee so paid, the certificate shall not be received by the Secretary of State, or clerk of the county commission, as the case may be.
(b) The person or persons soliciting or canvassing signatures of duly qualified voters on the certificate or certificates, may solicit or canvass duly registered voters residing within the county, district or other political division represented by the office sought, but must first obtain from the clerk of the county commission credentials which must be exhibited to each voter canvassed or solicited, which credentials may be in the following form or effect:
State of West Virginia, County of ................., ss:
This certifies that the holder of this credential is hereby authorized to solicit and canvass duly registered voters residing in .................... (here place the county, district or other political division represented by the office sought) to sign a certificate purporting to nominate ............................ (here place name of candidate heading list on certificate) for the office of ......................... and others, at the general election to be held on ..................., 20......
Given under my hand and the seal of my office this ................ day of ........................., 20......
.................................................
Clerk, County Commission of ............. County.
The clerk of each county commission, upon proper application made as herein provided, shall issue such credentials and shall keep a record thereof.
(c) The certificate shall be personally signed by duly registered voters, in their own proper handwriting or by their marks duly witnessed, who must be residents within the county, district or other political division represented by the office sought wherein the canvass or solicitation is made by the person or persons duly authorized. The signatures need not all be on one certificate. The number of signatures shall be equal to not less than two percent of the entire vote cast at the last preceding general election for the office in the state, district, county or other political division for which the nomination is to be made, but in no event shall the number be less than twenty-five. The number of signatures shall be equal to not less than two percent of the entire vote cast at the last preceding general election for any statewide, congressional or presidential candidate, but in no event shall the number be less than twenty-five. Where two or more nominations may be made for the same office, the total of the votes cast at the last preceding general election for the candidates receiving the highest number of votes on each ticket for the office shall constitute the entire vote. No signature on a certificate shall be counted unless it be that of a duly registered voter of the county, district or other political division represented by the office sought wherein the certificate was presented.
(d) The certificates shall state the name and residence of each of the candidates; that he or she is legally qualified to hold the office; that the subscribers are legally qualified and duly registered as voters and desire to vote for the candidates; and may designate, by not more than five words, a brief name of the party which the candidates represent and may adopt a device or emblem to be printed on the official ballot. All candidates nominated by the signing of the certificates shall have their names placed on the official ballot as candidates, as if otherwise nominated under the provisions of this chapter.
The Secretary of State shall prescribe the form and content of the nomination certificates to be used for soliciting signatures. The content shall include the language to be used in giving written and oral notice to each voter that signing of the nominating certificate forfeits that voter's right to vote in the corresponding primary election.
Offices to be filled by the voters of more than one county shall use separate petition forms for the signatures of qualified voters for each county.
(e) The Secretary of State, or the clerk of the county commission, as the case may be, may investigate the validity of the certificates and the signatures thereon. If, upon investigation, there may be is doubt as to the legitimacy and the validity of the certificate, he or she the Secretary of State may request ask the Attorney General of the state, or the clerk of the county commission may ask the prosecuting attorney of the county, to institute a quo warranto proceeding against the nominee or nominees by certificate to determine his or their her right to the nomination to public office and upon request being made, the Attorney General or prosecuting attorney shall institute the quo warranto proceeding. The clerk of the county commission shall, at the request of the Secretary of State or the clerk of the circuit court, compare the information from any certificate to the county voter registration records in order to assist in determining the validity of any certificates.
(f) Any person violating the provisions of this section, in In addition to penalties prescribed elsewhere for violation of this chapter, any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars, or confined in jail for not more than one year, or both, in the discretion of the court: Provided, That no criminal penalty may be imposed upon anyone who signs a nomination certificate and votes in the primary election held after the date the certificate was signed.
§3-8-10. Use of certain contributions.
(a) After the first day of July, two thousand, Notwithstanding any provision of this code to the contrary, amounts received by a candidate as contributions that are in excess of any amount necessary to defray his or her expenditures may be:
(1) used by the candidate to defray any ordinary and necessary usual and customary expenses incurred in connection with his or her duties as a holder of public office,;and
(2) may be contributed by the candidate, after the general election, to:
(A)
any charitable organization, or subsequent campaign by the same candidate, without limitation;
(B) to any national committee in accordance with federal requirements;
(C) any state party executive committee or state party legislative caucus committee, in an amount not to exceed fifteen thousand dollars in a calendar year;
or
(D) any
local committee of any political party or to any other candidate for public office, in accordance with the existing limitations on contributions.
(b) The State Election Commission shall promulgate emergency and legislative rules, in accordance with the provisions of chapter twenty-nine-a of this code, to establish guidelines for the administration of this section."
Delegate Trump moved to amend the amendment on page fourteen, after section eight,after line seventeen, by inserting the following:
"ARTICLE 4. VOTING MACHINES.
§3-4-8. Minimum requirements of voting machines.
A voting machine of particular make and design shall not be approved by the state election commission or be purchased, leased, or used, by any county court unless it shall fulfill the following requirements:
(1) It shall secure or insure the voter absolute secrecy in the act of voting, or, at the voter's election, shall provide for open voting;
(2) It shall be so constructed that no person except in instances of open voting, as herein provided for, can see or know for whom any voter has voted or is voting, and that no voter or other person can, while the machine is unlocked for operation, see or otherwise ascertain the numerical total of votes cast for any candidate or for or against any question;
(3) It shall permit each voter to vote at any election for all persons and offices for whom and which he is lawfully entitled to vote, whether or not the name of any such person appears on a ballot label as a candidate; and it shall permit each voter to vote for as many persons for an office as he is lawfully entitled to vote for; and to vote for or against any question upon which he is lawfully entitled to vote;
(4) It shall preclude each voter from voting for any person or office or upon any question for whom or which and upon which he is not lawfully entitled to vote and from voting for more persons for any office than he is lawfully entitled to vote for, and from voting for any candidate for the same office and upon any question more than once;
(5) It shall permit each voter to deposit, write in, or affix upon devices to be provided for that purpose, ballots containing the names of persons for whom he desires to vote whose names do not appear upon the machine ballot labels;
(6) It shall permit each voter to change his vote for any candidate and upon any question appearing upon the ballot labels up to the time when he starts to register his vote;
(7) It shall correctly register and accurately count all votes cast for each candidate and for and against each question appearing upon the ballot labels;
(8) It shall permit each voter at any election other than primary elections, to vote a straight party ticket by one device, and by one device to vote for all candidates of one party for presidential electors; and to vote a mixed ticket selected from the candidates of any and all parties and from independent candidates;
(9) It shall be capable of adjustment by election officers at a primary election so as to permit each voter to vote only for the candidates of the party with which he has declared his affiliation, and so as to preclude him from voting for any candidate seeking nomination by any other political party, and so as to permit each voter to vote for the candidates, if any, for nonpartisan nomination or election and on public questions;
(10) It shall have separate voting devices for candidates and questions, which shall be arranged in separate rows or columns. It shall also be arranged so that one or more adjacent rows or columns may be assigned to the candidates of each political party at primary elections;
(11) It shall have a public counter or other device, the register of which is visible on the outside of the machine and which shall show the total number of voters who have voted on that machine in the election; also candidate and question counters or other devices which shall not be visible on the outside of the machine when the machine is unlocked for operation, and upon which are registered numerically the total votes cast for each candidate and question appearing on the ballot labels; also a protective counter or other device which will record the cumulative total number of movements of the registering mechanism;
(12) It shall be provided with locks and seals by the use of which all movement of the registering mechanism is prevented, both before the polls are open or before the operation of the machine for an election is begun and immediately after the polls are closed or after the operation of the machine for an election is completed;
(13) It shall have the capacity to contain the names of candidates constituting the tickets of at least nine political parties, and to accommodate the wording of at least fifteen questions;
(14) It shall be durably constructed of material of good quality and in a workmanlike manner and in a form which shall make it safely transportable;
(15) It shall be so constructed with frames for the placing of ballot labels and with transparent devices for the protection of such labels, that the labels on which are printed the names of candidates and their respective parties, titles of offices, and wording of questions shall be reasonably protected from mutilation, disfigurement or disarrangement;
(16) It shall bear a number that will identify it or distinguish it from any other machine;
(17) It shall be so constructed that a voter may easily learn the method of operating it and may expeditiously cast his vote for all candidates of his choice; and
(18) It shall be accompanied by a mechanically operated instruction model which shall show the arrangement of ballot labels, party columns or rows, and questions.
§3-4-10. Ballot labels, instructions and other supplies; vacancy changes; procedure and requirements.

(a) The ballot commissioners of any county in which voting machines are to be used in any election shall cause to be printed for use in the election the ballot labels for the voting machines and paper ballots for absentee voting, voting by persons unable to use the voting machine and provisional ballots or if an electronic voting system or direct recording election equipment is to be used in an election, the ballot commissioners shall comply with requirements of section eleven, article four-a of this chapter. The labels shall be clearly printed in black ink on clear white material in a size that will fit the ballot frames. The paper ballots shall be printed in compliance with the provisions of this chapter governing paper ballots.
(b) The heading, the names and arrangement of offices and the printing and arrangement of names of the candidates for each office indicated must be placed on the ballot for the primary election as nearly as possible according to the provisions of sections thirteen and thirteen-a, article five of this chapter and for the general election according to the provisions of section two, article six of this chapter: Provided, That the staggering of the names of candidates in multicandidate races and the instructions to straight ticket voters prescribed by section two, article six of this chapter shall appear on paper ballots but shall not appear on ballot labels for voting machines which mechanically control crossover voting.
(c) Each question to be voted on must be placed at the end of the ballot and must be printed according to the provisions of the laws and rules governing the question.
(d) The ballot labels printed must total in number one and one-half times the total number of corresponding voting machines to be used in the several precincts of the county in the election. All the labels must be delivered to the clerk of the county commission at least twenty-eight days prior to the day of the election. The clerk of the county commission shall determine the number of paper ballots needed for absentee voting and to supply the precincts for provisional ballots and ballots to be cast by persons unable to use the voting machine. All required paper ballots shall be delivered to the clerk of the county commission at least forty-two days prior to the day of the election.
(e) When the ballot labels and absentee ballots are delivered, the clerk of the county commission shall examine them for accuracy, assure that the appropriate ballots and ballot labels are designated for each voting precinct and insert one set in each machine prior to the inspection of the machines as prescribed in section twelve of this article. The remainder of the ballot labels for each machine shall be retained by the clerk of the county commission for use in an emergency.
(f) In addition to all other equipment and supplies required by the provisions of this article, the ballot commissioners shall cause to be printed a supply of instruction cards, sample ballots and facsimile diagrams of the voting machine ballot adequate for the orderly conduct of the election in each precinct in their county. In addition, they shall provide appropriate facilities for the reception and safekeeping of the ballots of absent voters and of challenged voters and of the "independent" voters who shall, in primary elections, cast their votes on nonpartisan candidates and public questions submitted to the voters.
§3-4-11. Ballot label arrangement in machines; drawing by lot to determine position of candidates on machines; adjustment; records.

When the ballot labels are printed and delivered to the clerk of the county commission, they shall be placed in the ballot frames of the voting machines in such manner as will most nearly conform to the arrangement prescribed for paper ballots, and as will clearly indicate the party designation or emblem of each candidate. Each column or row containing the names of the office and candidates for such office shall be so arranged as to clearly indicate the office for which the candidate is running. The names of the candidates for each office indicated shall be placed on the ballot.
The clerk of the county commission shall cause the voting machines to be programmed so that each lever is properly set to record a vote and that the voter can vote for the maximum number of candidates allowed for each office and no more. In general elections, the straight ticket lever shall cause a vote to be cast for every candidate of the straight ticket party unless the voter cancels a vote within that party by resetting one or more individual levers at the positions of specific candidates to the no-vote position.
The clerk shall then see that the counters referred to in subsection (11), section eight of this article are set at zero (000) and shall lock the operating device and mechanism and devices protecting the counter and ballot labels. The clerk shall then enter in an appropriate book, opposite the number of each precinct, the identifying or distinguishing number of the specific voting machine or machines to be used in that precinct.
ARTICLE 4A. ELECTRONIC VOTING SYSTEMS.
§3-4A-9. Minimum requirements of electronic voting systems.
An electronic voting system of particular make and design may not be approved by the State Election Commission or be purchased, leased or used by any county commission unless it meets the following requirements:
(1) It secures or ensures the voter absolute secrecy in the act of voting or, at the voter's election, provides for open voting;
(2) It is constructed to ensure that no person, except in instances of open voting as provided in this section, can see or know for whom any voter has voted or is voting;
(3) It permits each voter to vote at any election for all persons and offices for whom and which he or she is lawfully entitled to vote, whether or not the name of any person appears on a ballot or ballot label as a candidate; and it permits each voter to vote for as many persons for an office as he or she is lawfully entitled to vote for; and to vote for or against any question upon which he or she is lawfully entitled to vote. The automatic tabulating equipment used in electronic voting systems is to reject choices recorded on any ballot if the number of choices exceeds the number to which a voter is entitled;
(4) It permits each voter to deposit, write in, affix upon a ballot, card, envelope or other medium to be provided for that purpose, ballots containing the names of persons for whom he or she desires to vote whose names do not appear upon the ballots or ballot labels;
(5) It permits each voter to change his or her vote for any candidate and upon any question appearing upon the ballots or ballot labels up to the time when his or her ballot is deposited in the ballot box or his or her ballot is cast by electronic means;
(6) It contains a program deck consisting of cards that are sequentially numbered or consisting of a computer program disk, diskette, tape or other programming media containing sequentially numbered program instructions and coded or otherwise protected from tampering or substitution of the media or program instructions by unauthorized persons and capable of tabulating all votes cast in each election;
(7) It contains two standard validation test decks approved as to form and testing capabilities by the State Election Commission;
(8) It correctly records and counts accurately all votes cast for each candidate and for and against each question appearing upon the ballots or ballot labels;
(9) It permits each voter at any election other than primary elections by one mark or punch to vote a straight party ticket, as provided in section five, article six of this chapter;
(10)(9) It permits each voter in primary elections to vote only for the candidates of the party for which he or she is legally permitted to vote and precludes him or her from voting for any candidate seeking nomination by any other political party, permits him or her to vote for the candidates, if any, for nonpartisan nomination or election and permits him or her to vote on public questions;
(11)(10) It, where applicable, is provided with means for sealing or electronically securing the vote recording device to prevent its use and to prevent tampering with ballot labels, both before the polls are open or before the operation of the vote recording device for an election is begun and immediately after the polls are closed or after the operation of the vote recording device for an election is completed;
(12)(11) It has the capacity to contain the names of candidates constituting the tickets of at least nine political parties and accommodates the wording of at least fifteen questions;
(13)(12) (A) Direct recording electronic voting machines must generate a paper copy of each voter's votes that will be automatically kept within a storage container, that is locked, closely attached to the direct recording electronic voting machine, and inaccessible to all but authorized voting officials, who will handle such storage containers and such paper copies contained therein in accordance with section nineteen of this article.
(B) The paper copy of the voter's vote shall be generated at the time the voter is at the voting station using the direct recording electronic voting machine.
(C) The voter may examine the paper copy visually or through headphone readout, and may accept or reject the printed copy.
(D) The voter may not touch, handle or manipulate the printed copy manually in any way.
(E) Once the printed copy of the voter's votes is accepted by the voter as correctly reflecting the voter's intent, but not before, it will automatically be stored for recounts or random checks and the electronic vote will be cast within the computer mechanism of the direct recording electronic voting machine.
(F) Direct recording electronic voting machines with a mandatory paper copy shall be approved by the Secretary of State. The Secretary of State may promulgate rules and emergency rules to implement or enforce this subsection pursuant to the provisions of section five, article three, chapter twenty-nine-a of this code.
(14) Where vote recording devices are used, they shall:
(A) Be durably constructed of material of good quality and in a workmanlike manner and in a form which makes it safely transportable;
(B) Be constructed with frames for the placing of ballot labels that the labels upon which are printed the names of candidates and their respective parties, titles of offices and wording of questions are reasonably protected from mutilation, disfigurement or disarrangement or are constructed to ensure that the screens upon which appear the names of the candidates and their respective parties, titles of offices and wording of questions are reasonably protected from any modification;
(C) Bear a number that will identify it or distinguish it from any other machine;
(D) Be constructed to ensure that a voter may easily learn the method of operating it and may expeditiously cast his or her vote for all candidates of his or her choice and upon any public question;
(E) Be accompanied by a mechanically or electronically operated instruction model which shows the arrangement of ballot labels, party columns or rows, and questions;
(F) For electronic voting systems that utilize a screen upon which votes may be recorded by means of a stylus or by means of touch, be constructed to provide for the direct electronic recording and tabulating of votes cast in a system specifically designed and engineered for the election application;
(G) For electronic voting systems that utilize a screen upon which votes may be recorded by means of a stylus or by means of touch, be constructed to prevent any voter from voting for more than the allowable number of candidates for any office, to include an audible or visual signal, or both, warning any voter who attempts to vote for more than the allowable number of candidates for any office or who attempts to cast his or her ballot prior to its completion and are constructed to include a visual or audible confirmation, or both, to the voter upon completion and casting of the ballot;
(H) For electronic voting systems that utilize a screen upon which votes may be recorded by means of a stylus or by means of touch, be constructed to present the entire ballot to the voter, in a series of sequential pages, and to ensure that the voter sees all of the ballot options on all pages before completing his or her vote and to allow the voter to review and change all ballot choices prior to completing and casting his or her ballot;
(I) For electronic voting systems that utilize a screen upon which votes may be recorded by means of a stylus or by means of touch, be constructed to allow election commissioners to spoil a ballot where a voter fails to properly cast his or her ballot, has departed the polling place and cannot be recalled by a poll clerk to complete his or her ballot;
(J) For electronic voting systems that utilize a screen upon which votes may be recorded by means of a stylus or by means of touch, be constructed to allow election commissioners, poll clerks, or both, to designate, mark or otherwise record provisional ballots;
(K) For electronic voting systems that utilize a screen upon which votes may be recorded by means of a stylus or by means of touch, consist of devices which are independent, nonnetworked voting systems in which each vote is recorded and retained within each device's internal nonvolatile electronic memory and contain an internal security, the absence of which prevents substitution of any other device;
(L) For electronic voting systems that utilize a screen upon which votes may be recorded by means of a stylus or by means of touch, store each vote in no fewer than three separate, independent, nonvolatile electronic memory components and that each device contains comprehensive diagnostics to ensure that failures do not go undetected;
(M) For electronic voting systems that utilize a screen upon which votes may be recorded by means of a stylus or by means of touch, contain a unique, embedded internal serial number for auditing purposes for each device used to activate, retain and record votes;
(N) For electronic voting systems that utilize a screen upon which votes may be recorded by means of a stylus or by means of touch, be constructed to record all preelection, election and post-election activities, including all ballot images and system anomalies, in each device's internal electronic memory and are to be accessible in electronic or printed form;
(O) For electronic voting systems that utilize a screen upon which votes may be recorded by means of a stylus or by means of touch, be constructed with a battery backup system in each device to, at a minimum, prevent the loss of any votes, as well as all preelection, election and post-election activities, including all ballot images and system anomalies, stored in the device's internal electronic memory and to allow voting to continue for two hours of uninterrupted operation in case of an electrical power failure; and
(P) For electronic voting systems that utilize a screen upon which votes may be recorded by means of a stylus or by means of touch, be constructed to prevent the loss of any votes, as well as all preelection, election and post-election activities, including all ballot images and system anomalies, stored in each device's internal electronic memory even in case of an electrical and battery power failure.
§3-4A-11. Ballot labels, instructions and other supplies; procedure and requirements.

(a) The ballot commissioners of any county in which an electronic voting system utilizing voting devices for registering the voter's choices is to be used in any election shall cause to be printed for use in the election the ballot cards and ballot labels, as appropriate, for the electronic voting system, or shall cause to be printed a reasonable facsimile of the screens as they appear to the voter for the electronic voting system.
(1) The ballot labels are to be clearly printed in black ink on clear white material of a size as will fit the vote recording devices or as will be displayed on the screens as they appear to the voter for the electronic voting system. Arrows are to be printed on the ballot labels to indicate the place to punch the ballot card, which may be to the right or left of the name or proposition, or boxes are to be printed as they appear to the voter on the screens for the electronic voting system.
(2) The ballot labels are to contain the party emblem and are to clearly indicate the party designation of each candidate. The titles of offices may be arranged on the ballot labels in vertical columns or in a series of separate pages, and are to be printed above or at the side of the names of candidates so as to indicate clearly the candidates for each office and the number to be elected. The names of candidates for each office are to be printed in vertical columns or on separate pages, grouped by the offices which they seek.
(3) For the primary election, the heading of the ballot, the type faces, the names and arrangement of offices and the printing of names and arrangement of candidates within each office are to conform as nearly as possible to the provisions of sections thirteen and thirteen-a, article five of this chapter.
(4) For the general election, the heading of the ballot, the straight ticket positions, the instructions to straight ticket voters, the type faces, the names and arrangement of offices and the printing of names and the arrangement of candidates within each office are to conform as nearly as possible to the provisions of section two, article six of this chapter, except as otherwise provided in this article. Except for electronic voting systems that utilize a screen upon which votes may be recorded by stylus or by means of touch, the secretary of state shall assign uniform numbers to be used by all counties using electronic voting for all straight party tickets and for all candidates running for offices to be voted upon by all of the voters of the state. After taking into account the numbers so assigned by the secretary of state, the clerk of the circuit court shall arrange the offices and the candidates within each office as prescribed by section two, article six of this chapter, and shall assign the appropriate number for each candidate. When one candidate is to be elected and only two parties are on the ballot, the ballot label and the arrangement of the ballot are to conform as nearly as practical to the following example:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Democratic Ticket
Republican Ticket

_______________________________
______________________________

For Governor
For Governor

(Vote for One)
(Vote for One)

- - - - - - - - - - - - - - - -- - - - - - - - - - - - - - -
(candidate's name) 10 ---
(residence, county)
--- 11 (candidate's name)

(residence, county)
________________________________
___________________________

When more than two parties are on the ballot for an office, the arrangement of the ballot is to be specified by the secretary of state, and may conform to the following example if practical:
- - - - - - - - - - - - - - - - - - - - - - - -

For Governor

(Vote for One)


- - - - - - - - - - - - - - - - - - - - - - - -


Democrat(candidate's name)
10 ---

(residence, county)

Republican(candidate's name)
11 ---

(residence, county)

People's(candidate's name)
12 ---

(residence, county)
The ballot label and the arrangement of the ballot for multi-candidate offices are to conform as nearly as practical to the following example:
- - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - -
Democratic Ticket
Republican Ticket

_______________________________
______________________________

For House of Delegates
For House of Delegates

First Delegate District
First Delegate District

(Vote For Not More Than Two)(Vote For Not More Than Two)
[If you marked a straight[If you marked a straight
ticket and you mark any
ticket and you mark any

candidate in a different
candidate in a different

party for this office, you
party for this office, you

must mark all your choices
must mark all your choices

because your straight ticket
because your straight ticket

vote will not be counted
vote will not be counted

for this office.]
for this office.]

- - - - - - - - - - - - - - -- - - - - - - - - - - - - - - -
(candidate's name) 69 ---
(residence, county)
_________________________
______________________________

--- 70 (candidate's name)
(residence, county)
__________________________
______________________________

(candidate's name) 71 ---
(residence, county)
__________________________
______________________________

--- 72 (candidate's name)

(residence, county)
(5) Any nonpartisan office, including board of education and any question to be voted on is to be placed or displayed on a separate page or otherwise separated from the partisan ballots, constituting a separate ballot where required.
(6) In elections in which voters are authorized to vote for official write-in candidates whose names do not appear on the ballot label, there are to be provided, as described in this section, a write-in position on the ballot label for the voter to indicate his or her preference for a write-in candidate and a form on the inside of the secrecy envelope to permit a voter to enter the title of the office and the names of official write-in candidates for whom he or she wishes to vote: Provided, That if an electronic voting system that utilizes a screen upon which votes may be recorded by means of a stylus or by means of touch is used, the devices are to provide an alpha-numerical screen which allows the voter to, by use of a stylus or by touch, to enter the name of the write-in candidate for whom he or she wishes to vote.
For an office to be filled by election in a primary, except delegate to national convention, and for each office in a general election, the ballot label is to include, following all candidates for the office, a single numbered position with an arrow or box indicating the location to punch the ballot card or touch the screen to indicate a preference for a write-in candidate. The following instructions are to be printed beside the arrow in at least ten point type. "TO WRITE-IN FOR THIS OFFICE: Punch here and put name of office and candidate on inside of secrecy envelope. DO NOT put name here," or, if an electronic voting system is used with screens upon which votes may be recorded by means of a stylus or by means of touch, the word "WRITE-IN" will appear beside a box indicating the location for the voter to touch the screen and, when activated, another screen is to appear allowing the voter to enter a write-in candidate.
(7) In addition to all other equipment and supplies required by the provisions of this article, the ballot commissioners shall cause to be printed a supply of instruction cards, sample ballots, facsimile diagrams of the vote recording device ballot and official printed ballots or ballot cards adequate for the orderly conduct of the election in each precinct in their county.
(b) The ballot commissioners shall provide all other materials and equipment necessary to the conduct of the election, including voting booths, appropriate facilities for the reception and safekeeping of ballot cards, the ballots of absentee and of challenged voters and of "independent" voters who shall, in primary elections, cast their votes on nonpartisan candidates and public questions submitted to the voters.
§3-4A-27. Proceedings at the central counting center.
(a) All proceedings at the central counting center are to be under the supervision of the clerk of the county commission and are to be conducted under circumstances which allow observation from a designated area by all persons entitled to be present. The proceedings shall take place in a room of sufficient size and satisfactory arrangement to permit observation. Those persons entitled to be present include all candidates whose names appear on the ballots being counted or if a candidate is absent, a representative of the candidate who presents a written authorization signed by the candidate for the purpose and two representatives of each political party on the ballot who are chosen by the county executive committee chairperson. A reasonable number of the general public is also freely admitted to the room. In the event all members of the general public desiring admission to the room cannot be admitted at one time, the county commission shall provide for a periodic and convenient rotation of admission to the room for observation, to the end that each member of the general public desiring admission, during the proceedings at the central counting center, is to be granted admission for reasonable periods of time for observation: Provided, That no person except those authorized for the purpose may touch any ballot or ballot card or other official records and papers utilized in the election during observation.
(b) All persons who are engaged in processing and counting the ballots are to work in teams consisting of two persons of opposite political parties, and are to be deputized in writing and take an oath that they will faithfully perform their assigned duties. These deputies are to be issued an official badge or identification card which is assigned an identity control number and the deputies are to prominently wear on his or her outer garments the issued badge or identification card. Upon completion of the deputies' duties, the badges or identification cards are to be returned to the county clerk.
(c) Ballots are to be handled and tabulated and the write-in votes tallied according to procedures established by the secretary of state, subject to the following requirements:
(1) In systems using punch card ballots, the ballot cards and secrecy envelopes for a precinct are to be removed from the box and examined for write-in votes before being separated and stacked for delivery to the tabulator. Immediately after valid write-in votes are tallied, the ballot cards are to be delivered to the tabulator. No write-in vote may be counted for an office unless the voter has entered the name of that office and the name of an official write-in candidate for that office on the inside of the secrecy envelope, either by writing, affixing a sticker or label or placing an ink-stamped impression thereon;
(2) In systems using ballots marked with electronically sensible ink, ballots are to be removed from the boxes and stacked for the tabulator which separates ballots containing marks for a write-in position. Immediately after tabulation, the valid write-in votes are to be tallied. No write- in vote may be counted for an office unless the voter has entered the name of an official write-in candidate for that office on the line provided, either by writing, affixing a sticker or placing an ink- stamped impression thereon;
(3) In systems using ballots in which votes are recorded upon screens with a stylus or by means of touch, the personalized electronic ballots are to be removed from the containers and stacked for the tabulator. Systems using ballots in which votes are recorded upon screens with a stylus or by means of touch are to tally write-in ballots simultaneously with the other ballots;
(4) When more than one person is to be elected to an office and the voter desires to cast write-in votes for more than one official write-in candidate for that office, a single punch or mark, as appropriate for the voting system, in the write-in location for that office is sufficient for all write- in choices. When there are multiple write-in votes for the same office and the combination of choices for candidates on the ballot and write-in choices for the same office exceed the number of candidates to be elected, the ballot is to be duplicated or hand counted, with all votes for that office rejected;
(5) Write-in votes for nomination for any office and write-in votes for any person other than an official write-in candidate are to be disregarded;
(6) When a voter casts a straight ticket vote and also punches or marks the location for a write-in vote for an office, the straight ticket vote for that office is to be rejected, whether or not a vote can be counted for a write-in candidate; and
(7)(6) Official write-in candidates are those who have filed a write-in candidate's certificate of announcement and have been certified according to the provisions of section four-a, article six of this chapter.
(d) If any ballot card is damaged or defective so that it cannot properly be counted by the automatic tabulating equipment, a true duplicate copy is to be made of the damaged ballot card in the presence of representatives of each political party on the ballot and substituted for the damaged ballot card. All duplicate ballot cards are to be clearly labeled "duplicate" and are to bear a serial number which is recorded on the damaged or defective ballot card and on the replacement ballot card.
(e) The returns printed by the automatic tabulating equipment at the central counting center, to which have been added write-in and other valid votes, are, when certified by the clerk of the county commission, to constitute the official preliminary returns of each precinct or election district. Further, all the returns are to be printed on a precinct basis. Periodically throughout and upon completion of the count, the returns are to be open to the public by posting the returns as have been tabulated precinct by precinct at the central counting center. Upon completion of the canvass, the returns are to be posted in the same manner.
(f) If for any reason it becomes impracticable to count all or a part of the ballots with tabulating equipment, the county commission may direct that they be counted manually, following as far as practicable the provisions governing the counting of paper ballots.
(g) As soon as possible after the completion of the count, the clerk of the county commission shall have the vote recording devices properly boxed or securely covered and removed to a proper and secure place of storage."
And,
On page eighteen, after section twenty-three, after line twenty-four, by inserting the following:
"ARTICLE 6. CONDUCT AND ADMINISTRATION OF ELECTIONS.
§3-6-2. Preparation and form of general election ballots.
(a) All ballots prepared under the provisions of this section are to contain:
(1) The name and ticket of each party which is a political party under the provisions of section eight, article one of this chapter;
(2) The name chosen as the party name by each group of citizens which has secured nomination for two or more candidates by petition under the provisions of section twenty-three of this article;
(3) The names of every candidate for any office to be voted for at the election whose nomination in the primary election, nomination by petition or nomination by appointment to fill a vacancy on the ballot has been certified and filed according to law and no others.
(b) The provisions of subdivision (3), subsection (b); subsection (c); subdivisions (1) and (2), subsection (d); and subsections (g), (h), (i), (j) and (k), section thirteen of article five pertaining to the preparation and form of primary election ballots shall likewise apply to general election ballots.
(c) (1) For all ballot systems, the ballot heading is to be in display type and contain the words "Official Ballot, General Election" and the name of the county and the month, day and year of the election.
(2) After the heading, each ballot is to contain, laid out in parallel columns, rows or pages as required by the particular voting system, the party emblem, the position for straight party voting for each party and the name of each party as prescribed in subsection (a) of this section. On paper ballots, the position for straight party voting is to be a heavy circle, three-fourths inch in diameter, surrounded by the words "For a straight ticket mark within this circle" printed in bold six-point type. On all other ballots or ballot labels, the positions for straight party voting is to be marked "Straight Party Ticket". For ballots tabulated electronically, the secretary of state shall prescribe a uniform number for the straight ticket position for each party.
(3) The party whose candidate for president received the highest number of votes at the last preceding presidential election is to be placed in the left, or first column, row or page, as is appropriate to the voting system. The party which received the second highest vote is to be next and so on. Any groups or third parties which did not have a candidate for president on the ballot in the previous presidential election are to be placed in the sequence in which the final certificates of nomination by petition were filed.
(4) (A) Except for lever machine ballot labels, the following general instructions for straight party voters are to be printed in no smaller than eight-point bold type: "IF YOU MARKED A STRAIGHT TICKET: When you mark any individual candidate in a different party, that vote will override your straight party vote for that office. When you mark any individual candidate in a different party for an office where more than one will be elected, YOU MUST MARK EACH OF YOUR CHOICES FOR THAT OFFICE because your straight ticket vote will not be counted for that office". The last sentence of the instructions may not be included on any ballot which does not contain any office or division where more than one candidate will be elected.
On paper ballots, the general instructions are to be placed below the party name and across the top of all columns, followed by a heavy line separating them from the rest of the ballot. On ballots marked with electronically sensible ink and on ballot labels for voting devices in punch card systems, the general instructions are to be placed after the position for straight voting and before any office.
(B) Except for lever machine ballot labels, the following specific instructions are to be printed on the ballot for any partisan election for an office or division to which more than one candidate is to be elected: "If you marked a straight ticket and you mark any candidate in a different party for this office, you must mark all your choices for this office because your straight ticket vote will not be counted for this office".
On paper ballots, the specific instructions are to be placed below the office name of any partisan office where more than one is to be elected and across the top of all columns for that office before the names of any candidates. On all other ballots and ballot labels, the specific instructions are to be placed above or to the side of the names of the candidates as the voting system requires.
(5)(4) For all ballots, any columns, rows or sections in which the ticket of one party appears are to be clearly separated from the other columns, rows or sections by a heavy line or other clear division. For each party, the offices are to be arranged in the order prescribed in section thirteen-a, article five of this chapter under the appropriate tickets, which are to be headed "National Ticket", "State Ticket" and "County Ticket". The number of pages, columns or rows, where applicable, may be modified to meet the limitations of ballot size and composition requirements, subject to approval by the secretary of state.
(d) The arrangement of names within each office for all ballot systems is to be as follows:
(1) In elections for presidential electors, the names of the candidates for president and vice president of each party are to be placed beside a brace with a single voting position, so that a vote for any presidential candidate is a vote for the electors of the party for which the candidates were named.
(2) The order of names of candidates for any office or division for which more than one is to be elected is determined as prescribed in section thirteen-a, article five of this chapter: Provided, That the drawing by lot is to be conducted on the seventieth day next preceding the date of the general election, beginning at 9:00 a.m.
(3) Except in voting machine systems, in any office where more than one person is to be elected, the names of the candidates for the office are to be staggered so that no two candidates for that office appear directly opposite any other candidate, as shown in the example below:
_________________________________________________________________
For House of DelegatesFor House of Delegates
First Delegate DistrictFirst Delegate District
(Vote For Not More Than Two) (Vote For Not More Than Two)
_______________________________
_______________________________


SUSAN B. ANTHONY
City (County)
_______________________________
_______________________________


JOHN ADAMS
City (County)
_______________________________
_______________________________


ABRAHAM LINCOLN
City (County)

______________________________
_______________________________


JAMES MONROE
City (County)
______________________________
_______________________________


4) Each voting system is to provide a means for voters to vote for any person whose name does not appear on the ticket by writing it with pen or pencil or by using stamps, stickers, tapes, labels or other means of writing in the name of a candidate which does not interfere with the tabulation of the ballot.
(A) In paper ballot systems which allow for write-ins to be made directly on the ballot, a blank square and a blank line equal to the space which would be occupied by the name of the candidate is to be placed under the proper office for each vacancy in nomination and for an office for which more than one is to be elected, any vacancy is to appear after any other candidates for the office.
(B) In machine and electronically tabulated ballot systems in which write-in votes must be made in a place other than on the ballot label, if there is a vacancy in nomination leaving fewer candidates in any party than can be elected to that office, the words "No Candidate Nominated" is to be printed in the space that would be occupied by the name of the candidate and for an office for which more than one is to be elected, any such vacancy is to appear after any other candidates for the office. Notwithstanding any other provision of this code, if there are multiple vacant positions on a ballot for one office, the multiple vacant positions which would otherwise be filled with the words "No Candidate Filed" may be replaced with a brief detailed description, approved by the secretary of state, indicating that there are no candidates listed for the vacant positions.
(5) In a general election in any county in which unexpired terms of the board of education are to be filled by election, a separate section or page of the ballot is to be set off by means clearly separating the nonpartisan ballot from the ballot for the political party candidates and is to be headed "Nonpartisan Board of Education".
(e) Any constitutional amendment is to be placed following all offices, followed by any other issue upon which the voters are to cast a vote. The heading for each amendment or issue is to be printed in large, bold type according to the requirements of the resolution authorizing the election.
(f) The board of ballot commissioners may not place any issue on the ballot for election which is not specifically authorized under the West Virginia constitution or statutes or which has not been properly ordered by the appropriate governmental body charged with calling the election.
§3-6-3. Publication of sample ballots and lists of candidates.
(a) The ballot commissioners of each county shall prepare a sample official general election ballot for all political party or independent nominees, nonpartisan candidates for election, if any, and all ballot issues to be voted for at the general election, according to the provisions of this article and articles four and four-a of this chapter, as appropriate to the voting system, and for any ballot issue, according to the provisions of law authorizing the election.
(b) The facsimile sample general election ballot shall be published as follows:
(1) For counties in which two or more qualified newspapers publish a daily newspaper, not more than twenty-six nor less than twenty days preceding the general election, the ballot commissioners shall publish the sample official general election ballot as a Class I-0 legal advertisement in the two qualified daily newspapers of different political parties within the county having the largest circulation in compliance with the provisions of article three, chapter fifty-nine of this code;
(2) For counties having no more than one daily newspaper, or having only one or more qualified newspapers which publish weekly, not more than twenty-six nor less than twenty days preceding the primary election, the ballot commissioners shall publish the sample official general election ballot as a Class I legal advertisement in the qualified newspaper within the county having the largest circulation in compliance with the provisions of article three, chapter fifty-nine of this code; and
(3) Each facsimile sample ballot shall be a photographic reproduction of the official sample ballot or ballot pages and shall be printed in a size no less than eighty percent of the actual size of the ballot, at the discretion of the ballot commissioners: Provided, That when the ballots for the precincts within the county contain different senatorial, delegate, magisterial or executive committee districts or when the ballots for precincts within a city contain different municipal wards, the facsimile shall be altered to include each of the various districts in the appropriate order. If, in order to accommodate the size of each ballot, the ballot or ballot pages must be divided onto more than one page, the arrangement and order shall be made to conform as nearly as possible to the arrangement of the ballot. The publisher of the newspaper shall submit a proof of the ballot and the arrangement to the ballot commissioners for approval prior to publication.
(c) The ballot commissioners of each county shall prepare, in the form and manner prescribed by the secretary of state, an official list of offices and nominees for each office which will appear on the general election ballot for each political party or as independent nominees and, as the case may be, for the nonpartisan candidates to be voted for at the general election:
(1) All information which appears on the ballot, including the names of parties for which a straight ticket may be cast, instructions relating to straight ticket voting, instructions as to the number of candidates for whom votes may be cast for the office, any additional language which will appear on the ballot below the name of the office, any identifying information relating to the candidates, such as residence, magisterial district or presidential preference, and the ballot numbers of the candidates for punch card systems shall be included in the list in the order specified in subdivision (2) of this subsection. Following the names of all candidates, the list shall include the full title, text and voting positions of any issue to appear on the ballot.
(2) The order of the straight ticket positions, offices and candidates for each office and the manner of designating the parties shall be as follows: (A) The straight ticket positions shall be designated "straight (party name) ticket", with the parties listed in the order in which they appear on the ballot, from left to right or from top to bottom, as the case may be; (B) (A) the offices shall be listed in the same order in which they appear on the ballot; (C)(B) the candidates within each office for which one is to be elected shall be listed in the order they appear on the ballot, from left to right or from top to bottom, as the case may be, and the candidate's political party affiliation or independent status shall be indicated by the one or two letter initial specifying the affiliation, placed in parenthesis to the right of the candidate's name; and (D)(C) the candidates within each office for which more than one is to be elected shall be arranged by political party groups in the order they appear on the ballot and the candidate's affiliation shall be indicated as provided in part (C)(B) of this subdivision.
(d) The official list of candidates and issues as provided in subsection (c) of this section shall be published as follows:
(1) For counties in which two or more qualified newspapers publish a daily newspaper, on the last day on which a newspaper is published immediately preceding the general election, the ballot commissioners shall publish the official list of nominees and issues as a Class I-0 legal advertisement in the two qualified daily newspapers of different political parties within the county having the largest circulation in compliance with the provisions of article three, chapter fifty-nine of this code;
(2) For counties having no more than one daily paper, or having only one or more qualified newspapers which publish weekly, on the last day on which a newspaper is published immediately preceding the general election, the ballot commissioners shall publish the sample official list of nominees and issues as a Class I legal advertisement in the qualified newspaper within the county having the largest circulation in compliance with the provisions of article three, chapter fifty-nine of this code;
(3) The publication of the official list of nominees for each party and for nonpartisan candidates shall be in single or double columns, as required to accommodate the type size requirements as follows: (A) The words "official list of nominees and issues", the name of the county, the words "General Election" and the date of the election shall be printed in all capital letters and in bold type no smaller than fourteen point; (B) the designation of the straight ticket party positions shall be printed in all capital letters in bold type no smaller than twelve point and the title of the office shall be printed in bold type no smaller than twelve point and any voting instructions or other language printed below the title shall be printed in bold type no smaller than ten point; and (C) the names of the candidates and the initial within parenthesis designating the candidate's affiliation shall be printed in all capital letters in bold type no smaller than ten point and the residence information shall be printed in type no smaller than ten point; and
(4) When any ballot issue is to appear on the ballot, the title of that ballot shall be printed in all capital letters in bold type no smaller than twelve point. The text of the ballot issue shall appear in no smaller than ten point type. The ballot commissioners may require the publication of the ballot issue under this subsection in the facsimile sample ballot format in lieu of the alternate format.
(e) Notwithstanding the provisions of subsections (c) and (d) of this section, beginning with the general election to be held in the year two thousand, the ballot commissioners of any county may choose to publish a facsimile sample general election ballot, instead of the official list of candidates and issues, for purposes of the last publication required before any general election.
§3-6-5. Rules and procedures in election other than primaries.
The provisions of article one of this chapter relating to elections generally shall govern and control arrangements and election officials for the conduct of elections under this article. The following rules and procedures shall govern the voting for candidates in general and special elections:
(a) If the voter desires to vote a straight ticket, or in other words, for each and every candidate for one party for whatever office nominated, the voter shall either:
(1) Mark the position designated for a straight ticket in the manner appropriate to the voting system; or
(2) Mark the voting position for each and every candidate of the chosen party in the manner appropriate to the voting system.
(b) If the voter desires to vote a mixed ticket, or in other words, for candidates of different parties, the voter shall either:
(1) Omit marking any straight ticket voting position and mark, in the manner appropriate to the voting system, the name of each candidate for whom he or she desires to vote on whatever ticket the name may be; or
(2) Mark the position designated for a straight ticket for the party for some of whose candidates he or she desires to vote and then mark the name of any candidate of any other party for whom he or she may desire to vote, in which case the cross mark in the circular space above the name of the party straight ticket mark will cast his or her vote for every candidate on the ticket of the party except for offices for which candidates are marked on other party tickets and the marks for the candidates will cast a vote for them; or
(3)(a) If the voter desires to vote for an official write-in candidate for an office, the voter shall Write with ink or other means or affix a sticker or label or place an ink-stamped impression of the name of an official write-in candidate for an office for whom he or she desires to vote in the space designated for write-in votes for the particular voting system or for paper ballot systems, write or place the name and office designation in any position on the face of the ballot which makes the intention of the voter clear as to both the office and the candidate chosen.
(c) If in marking either a straight or mixed ticket as above defined, a straight ticket voting position is marked, and also one or more marks are made for candidates on the same ticket for offices for which candidates on other party tickets are not individually marked, the marks before the name of candidate on the ticket so marked shall be treated as surplusage and ignored.
(d) When a voter casts a straight ticket vote and also writes in any name for an office, the straight ticket vote for that office shall be rejected, whether or not a vote can be counted for a write- in candidate.
(e)(b) The secretary of state may proscribe devices for casting write-in votes which would cause mechanical difficulty with voting machines or electronic devices or which would obliterate or deface a paper ballot or any portion thereof, but the secretary of state shall preserve the right to vote by a write-in vote for those candidates who have filed and have been certified as official write- in candidates under the provisions of section four-a of this article.
(f)(c) If the voter marks more names than there are persons to be elected to an office or if, for any reason, it is impossible to determine the voter's choice for an office to be filled, the ballot shall not be counted for the office. The intention of the voter shall be deemed to be clear if the write-in vote cast for an office contains both the first and last name of an official write-in candidate for that office; and if no two official write-in candidates for that office share a first or last name, either the first name or last name alone shall be deemed to express the clear intention of the voter.
(g)(d) Except as otherwise specifically provided in this chapter, no ballot shall be rejected for any technical error which does not make it impossible to determine the voter's choice.
§3-6-6. Ballot counting procedures in paper ballot systems.
When the polls are closed in an election precinct where only a single election board has served, the receiving board shall perform all of the duties prescribed in this section. When the polls are closed in an election precinct where two election boards have served, both the receiving and counting boards shall together conclude the counting of the votes cast, the tabulating and summarizing of the number of the votes cast, unite in certifying and attesting to the returns of the election and join in making out the certificates of the result of the election provided for in this article. They shall not adjourn until the work is completed.
In all election precincts, as soon as the polls are closed and the last voter has voted, the receiving board shall proceed to ascertain the result of the election in the following manner:
(a) In counties in which the clerk of the county commission has determined that the absentee ballots should be counted at the precincts in which the absent voters are registered, the receiving board must first process the absentee ballots and deposit the ballots to be counted in the ballot box. The receiving board shall then proceed as provided in subsections (b) and (c) of this section. In counties in which the absentee ballots are counted at the central counting center, the receiving board shall proceed as provided in subsections (b) and (c) of this section.
(b) The receiving board shall ascertain from the pollbooks and record on the proper form the total number of voters who have voted. The number of ballots challenged shall be counted and subtracted from the total, the result should equal the number of ballots deposited in the ballot box. The commissioners and clerks shall also report, over their signatures, the number of ballots spoiled and the number of ballots not voted.
(c) The procedure for counting ballots, whether performed throughout the day by the counting board as provided in section thirty-three, article one of this chapter or after the close of the polls by the receiving board or by the two boards together, shall be as follows:
(1) The ballot box shall be opened and all votes shall be tallied in the presence of the entire election board;
(2) One of the commissioners shall take one ballot from the box at a time and shall determine if the ballot is properly signed by the two poll clerks of the receiving board. If not properly signed, the ballot shall be placed in an envelope for the purpose, without unfolding it. Any ballot which does not contain the proper signatures shall be challenged. If an accurate accounting is made for all ballots in the precinct in which the ballot was voted and no other challenge exists against the voter, the ballot shall be counted at the canvas. If properly signed, the commissioner shall hand the ballot to a team of commissioners of opposite politics, who shall together read the votes marked on the ballot for each office. Write-in votes for election for any person other than an official write-in candidate shall be disregarded. When a voter casts a straight ticket vote and also casts a write-in vote for an office, the straight ticket vote for that office shall be rejected whether or not a vote can be counted for a write-in candidate;
(3) The commissioner responsible for removing the ballots from the box shall keep a tally of the number of ballots as they are removed and whenever the number shall equal the number of voters entered on the pollbook minus the number of provisional ballots, as determined according to subsection (a) of this section, any other ballot found in the ballot box shall be placed in the same envelope with unsigned ballots not counted, without unfolding the same or allowing anyone to examine or know the contents thereof, and the number of excess ballots shall be recorded on the envelope;
(4) Each poll clerk shall keep an accurate tally of the votes cast by marking in ink on tally sheets, which shall be provided for the purpose, so as to show the number of votes received by each candidate for each office and for and against each issue on the ballot; and
(5) When the reading of the votes is completed, the ballot shall be immediately strung on a thread."
And,
On page one of the amendment, line one, before the word "On", by inserting the following:
"On page 2, following the enacting clause, by striking the enacting section and inserting a new enacting section to read as follows:
"That §3-1-46 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §3-2-5 and §3-2-10 of said code be amended and reenacted; that §3-3-8 of said code be amended and reenacted; that §3-4-8, §3-4-10 and §3-4-11 of said code be amended and reenacted; that §3-4A-9, §3-4A-11 and §3-4A-27 of said code be amended and reenacted; that §3-5-23 of said code be amended and reenacted; that §3-6-2, §3-6-3, §3-6-5 and §3-6-6 of said code be amended and reenacted; and that §3-8-10 of said code be amended and reenacted, all to read as follows:"
On the adoption of the amendment, Delegate Trump demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 405), 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, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Duke, Ellem, Evans, Frich, Hall, Hamilton, Howard, Lane, Leggett, Overington, Porter, Roberts, Romine, Rowan, Schadler, Schoen, Sobonya, Stevens,Sumner, Tansill, Trump, Wakim, Walters and G. White.
Absent And Not Voting: Ferrell, Houston and Stephens.
So, a majority of the members present and voting having not voted in the affirmative, the amendment to the amendment was not adopted.
The question being on the adoption of the Committee amendment, the same was put and prevailed.
The bill was then ordered to third reading.
Miscellaneous Business

Delegates Stalnaker and H. White announced that they were absent on today, when the votes were taken on Roll Nos. 357 through 358, and that had they been present, they would have voted "Yea" thereon.
Delegate Butcher noted to the Clerk that he was absent on March 1, 2006, when the votes were taken on Roll Nos. 278 through 310, and had he been present, he would have voted "Yea" thereon; on Roll No. 311, he would have voted "Nay" thereon; and on Roll Nos. 312 through 321, he would have voted "Yea" thereon.
Delegate Stephens announced that he was absent on yesterday when the votes were taken on Roll Nos. 344 through 354, and that had he been present, he would have voted "yea" thereon.
Delegate Staton asked and obtained unanimous consent that the remarks of all Delegates who spoke regarding S. B. 519 be printed in the Appendix to the Journal.
At 1:40 p.m., on motion of Delegate Staton, the House of Delegates recessed until 6:00 p.m., and reconvened at that time.
Delegate Staton asked and obtained unanimous consent that for the remainder of the Session duly appointed members of Conference Committees who may miss votes due to Conference Committee meetings be permitted to record their votes with the Clerk of the House, provided that they do so on the actual day the votes were missed and that their vote does not change the outcome on any question.
Still being in the possession of the Clerk, H. B. 4859, Supplementary appropriation, department of health and human resources - division of health - tobacco settlement expenditure fund, was taken up for further consideration.
Delegate Canterbury then moved that the House of Delegates reconsider the vote whereby it had made the bill effective from passage; which motion did not prevail.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Committee Reports

Chairman Stalnaker, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
S. B. 362, Requiring Tax Commissioner disclose certain information to Consolidated Public Retirement Board,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 362) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman Stalnaker, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
S. B. 173, Relating to public employees preretirement death benefits,
And,
S. B. 598, Relating to Teachers Retirement System's qualified plan status,
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that they each do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (S. B. 173 and S. B 598) were each taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman Stalnaker, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
S. B. 511, Relating to municipal policemen's and firemens's pension funds,
And reports the same back, by unanimous vote of the committee, 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.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 511) to the Committee on Finance was abrogated, and it was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, ordered to the Consent Calendar.
The Clerk announced that, pursuant to House Rule 70a, the following requests had been filed with him for the removal of bills from the Consent Calendar to the Special Calendar:
S. B. 511, on second reading, Consent Calendar, to the Special Calendar, by Delegate Trump.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 251, Creating Beckley-Raleigh County Building Code Authority,
And reports the same back with the recommendation that it do pass.
At the request of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 251) to a committee was dispensed with, read a first time and ordered to second reading.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
S. B. 112, Establishing Alzheimer's Disease Registry,
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 112) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
S. B. 791, Clarifying offenses and penalties, relating to ephedrine, pseudoephedrine and phenylpropanolamine,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, and with the recommendation that second reference to the Committee on Finance be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 791) to the Committee on Finance was abrogated, and it was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, ordered to the Consent Calendar.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
S. B. 554, Clarifying use of Forensic Medical Examination Fund for certain nurses' training,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, and with the recommendation that second reference to the Committee on Finance be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 554) to the Committee on Finance was abrogated, and it was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, ordered to the Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S.B. 692, Conforming consumers sales and service tax law to requirements of Streamlined Sales and Use Tax Agreement,
And reports the same back, by unanimous vote of the Committee, with the recommendation it each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 692) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
S.B. 127, Relating to regional education service agencies,
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 127) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance. Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 7, Establishing Flood Protection Planning Act,
S. B. 174, Relating to State Police Death, Disability and Retirement Fund benefits,
S. B. 422, Relating to Turnpike commuter passes,
S. B. 490, Providing gasoline excise tax exemption for certain county aging programs,
S. B. 557, Removing requirement for Shady Spring Turnpike interchange construction,
S. B. 571, Relating to National Guard pay,
And
S. B. 605, Relating to personal property tax receipt as prerequisite proof for vehicle registration.
And reports the same back without recommendation but with the recommendation that they be recommitted to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (S. B. 7, S. B. 174. S. B. 422, S. B. 490, S. B. 557, S. B. 571 and S. B. 605) were each taken up for immediate consideration, read a first time, ordered to second reading and then recommitted to the Committee on Finance.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
S. B. 570, Relating to fairness and equity in public school finance,
S. B. 634, Exempting certain higher education development projects from Design-Build Procurement Act,
And,
S.B. 765, Relating to start of workday for school bus operators and transportation aides.
And reports the same back without recommendation but with the recommendation that they be recommitted to the Committee on Education.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (S. B. 570, S. B. 634 and S. B. 765) were each taken up for immediate consideration, read a first time, ordered to second reading and then recommitted to the Committee on Education.
Chairman Ron Thompson, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
S. B. 616, Establishing regulated consumer lenders' reporting requirements,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 616) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on the Judiciary.
On motion for leave, a resolution was introduced (Originating in the Committee on Roads and Transportation and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Boggs, Butcher, Stephens, Paxton, Barker, Rick Thompson, Ennis, Miley, Wells, Susman, Leggett, Roberts, Rowan, Evans and Tansill:

H. C. R. 97 - "Requesting the Joint Committee on Government and Finance study the feasibility of establishing a program to provide for the funding and construction of new roads and highways and the improvement of existing roads and highways in rural counties experiencing lower per capita income or a high rate of unemployment and to provide incentives to private business to develop and expand into such counties and to participate in the improvement or construction of roads as a part of their development and expansion."
Whereas, Many rural counties in West Virginia lack adequate roads and highways which would be conducive to private business to locate, develop or expand in the county; and
Whereas, Several proposed highway construction projects to provide for the construction, modernization and improvement of highways in several rural counties in the state already exist and have been proposed, but have not commenced or have had only limited progress due to a lack of state funds necessary to complete the projects, including, but not limited to, proposed projects of various local parkway authorities and other projects proposed by the division of highways; and
Whereas, Many rural counties lack the tax base and source of public funding available from county or local government entities to serve as a source of funding for such road projects; and
Whereas, Should these roads and highways be improved, businesses would not only increase, but also provide areas with an increased tax base for future funding of road improvements; and
Whereas, In order to provide adequate funding for roads which are necessary to future economic development in these rural counties, new and innovative sources of funding must be created and developed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility of establishing a program to provide for the funding and construction of new roads and highways and the improvement of existing roads and highways in rural counties experiencing lower per capita income or a high rate of unemployment and to provide incentives to private business to develop and expand into such counties and to participate in the improvement or construction of roads as a part of their development and expansion; and, be it
Further Resolved, The Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, two thousand seven, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
The Speaker then referred the resolution to the Committee on Rules.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4013, Budget Bill, making appropriations of public money out of the Treasury in accordance with Section 51, Article VI of the Constitution,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4013, Budget Bill, making appropriations of public money out of the Treasury in accordance with Section 51, Article VI of the Constitution,
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for 4013) was taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Amores, 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. 755, Relating to Physicians' Mutual Insurance Company,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for S. B. 755) was taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Cann, from the Committee on Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Industry and Labor, Economic Development and Small Business has had under consideration:
S. B. 426, Relating to contractors' employment of certain unauthorized workers,
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 426) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on the Judiciary. Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
S. B. 792, Merging Fairmont State Community and Technical College with Fairmont State University; renaming Community and Technical College of Shepherd,
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.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 792) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman Browning, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 8th day of March, 2006, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
H. B. 4751, Extending the time for the Board of Education of the County of Grant to meet as a levying body.
Chairman Amores, 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. 353, Authorizing Department of Transportation promulgate legislative rules,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for S. B. 353) was taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Amores, 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. 11, Adding circuit court judge to twenty-third judicial circuit,
Com. Sub. for S. B. 107, Relating to venue for certain suits against state,
Com. Sub. for S. B. 166, Restructuring Parole Board,
Com. Sub. for S. B. 205, Relating to sex offender registry,
Com. Sub. for S. B. 285, Relating to unclaimed property,
Com. Sub. for S. B. 299, Authorizing various executive or administrative agencies promulgate legislative rules,
S. B. 444, Relating to proof of lawful disposal of solid waste,
S. B. 461, Clarifying water supply replacement requirements for surface mine operators,
S. B. 480, Relating to time period for paying criminal proceedings costs,
Com. Sub. for S. B. 492, Providing indemnity agreements in motor carrier transportation contracts void,
Com. Sub. for S. B. 562, Allowing citizens file certain criminal complaints directly with magistrate court,
S. B. 566, Amending Crime Victims Compensation Act,
S. B. 578, Allowing Public Service Commission to order takeover of certain utilities,
Com. Sub. for S. B. 603, Renaming day after Thanksgiving Day as Lincoln's Day,
S. B. 656, Providing whistle-blower protection to nonunion miners,
S. B. 666, Allowing use of accumulated sick leave for family leave,
S. B. 680, Relating to Unified Carrier Registration System,
Com. Sub. for S. B. 728, Requiring background checks on certain emergency dispatch center employees; wireless enhanced 911 fee money distribution,
Com. Sub. for S. B. 767, Authorizing business registration certificate revocation of employer in default,
S. B. 772, Providing for subrogation rights for James "Tiger" Morton Catastrophic Illness Commission,
S. B. 778, Relating to State Conservation Committee and conservation districts,
S. B. 780, Relating to gift certificates,
And,
S. B. 781, Relating to long-term leases for wireless communication towers on public lands,
And reports the same back without recommendation as to their passage.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com. Sub for S. B. 11, Com. Sub. for S. B. 107, Com. Sub. for S. B. 166, Com. Sub. for S. B. 205, Com. Sub. for S. B. 285, Com. Sub. for S. B. 299, S. B. 444, S. B. 461, S. B. 480, Com. Sub. for S. B. 492, Com. Sub. for S. B. 562, S. B. 566, S. B. 578, Com. Sub. for S. B. 603, S. B. 656, S. B. 666, S. B. 680, Com. Sub. for S. B. 728, Com. Sub. for S. B. 767, S. B. 772, S. B. 778, S. B. 780 and S. B. 781) were each taken up for immediate consideration, read a first time, ordered to second reading and then recommitted to the Committee on the Judiciary.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 759, Creating Highway Design-Build Procurement Act,
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.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 759) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 2136, Requiring the clerk of the county commission to execute, record and post a disclaimer relating to certain unlawful covenants.
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. 2548, The Diabetes Care Plan Act.
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. 2947, Requiring payments for delinquent real estate taxes submitted fourteen days prior to the date of the sheriff's sale, be made by cashiers check, money order, certified check or United States currency.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with a title amendment, a bill of the House of Delegates as follows:
H. B. 4311, Continuing of the Department of Environmental Protection.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, by amending the title of the bill to read as follows:
H. B. 4311 - "A Bill to amend and reenact §22-1-4 of the Code of West Virginia, 1931, as amended, relating to continuing the Department of Environmental Protection."
On motion of Delegate Staton, 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. 406), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Eldridge, Ellem, Ferrell, Hall, Houston, Palumbo, Perdue and Pino.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4311) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 4437, Authorizing West Virginia Department of Agriculture emergency response vehicles to utilize red flashing warning lights.
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. 4444, Permitting land grant university researchers performing research to plant ginseng seed and to dig, collect or gather ginseng on state public lands.
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. 4472, Including family court jurisdiction in all proceedings concerning grandparent visitation.
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. 4486, Relating to minimum base pay for members of the National Guard and providing tuition payment for the cost of post-graduate courses.
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. 4491, Establishing the third week of October as Disability History Week for the State of West Virginia.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 463, Modifying qualifications for license to practice medicine.

A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
Com. Sub. for S. B. 521, Authorizing deer hunting in state parks.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 673, Authorizing county service fees for infrastructure projects; bonding authority.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 6 - "Requesting the Joint Committee on Government and Finance study public school dress codes and the use of school uniforms."
Whereas, Students wearing inappropriate or offensive clothing to school is a problem in many of our school districts; and
Whereas, There may be social stigma attached to students who cannot afford or may not be allowed to wear certain stylish clothing to school; and
Whereas, Many families find the annual purchase of school clothing to be a financial burden; and
Whereas, Many schools in other states are experimenting with requiring a uniform dress code or school uniform because it may affect discipline within the school; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study public school dress codes and the use of school uniforms; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 18 - "Requesting the Joint Committee on Government and Finance study the possibility of eliminating incarceration for certain misdemeanor convictions."
Whereas, The cost of operating regional jails continues to escalate due, for the most part, to the increasing number of inmates these jails must accommodate; and
Whereas, A contributing cause to this increasing burden to the taxpayers of this state is the propensity of the Legislature to provide for stiffer jail penalties while creating new misdemeanor crimes; and
Whereas, Many nonviolent, harmless offenders are required to serve jail time at taxpayers' expense when other alternatives, such as community service, home confinement, criminal fines and probation, would be more cost effective; and
Whereas, Factors involved in the ever-increasing cost to the taxpayers for regional jails include: (1) The cost of transportation; (2) the provision of medications and medical treatment to inmates; (3) delays in providing appointed lawyers access to their incarcerated clients which, incidentally, drive up the cost to the state in fulfilling its nondiscretionary obligation of providing competent legal assistance to indigent individuals; (4) the length of time, on average, inmates are held awaiting trial or other resolution on the merits to their cases; (5) the average length of sentences inmates convicted of misdemeanors are required to serve; and (6) the uniquely burdensome costs of housing and monitoring inmates with mental disabilities, such as mental illness or mental retardation; and
Whereas, The Legislature should focus on methods and procedures that best protect public safety without imposing jail time; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the possibility of eliminating incarceration for certain misdemeanor convictions; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 19 - "Requesting the Division of Highways name the bridge on U. S. Route 119 at Miller's Creek, Mingo County, also known as the North Nolan Bridge, the 'Arnold J. Starr Memorial Bridge'."
Whereas, Arnold J. Starr was born January 22, 1906, the son of Minnis and Nancy Marcum Starr; and
Whereas, Arnold J. Starr knew the importance of education. He attended Morehead State University in Kentucky, Concord College in Athens, Mercer County, and graduated with a degree in Early Childhood Education from Marshall University; and
Whereas, Arnold J. Starr was an educator in Mingo County and served as principal of Naugatuck Grade School and Red Jacket Junior High School. He also served as coach of the boys' basketball team; and
Whereas, In the 1940s, Arnold J. Starr purchased and operated a grocery store in Williamson until he was elected Mingo County Assessor, a position he held until January, 1973. While serving as Assessor, he also served as President of the West Virginia County Officials Association and as a member of the West Virginia Assessors Association; and
Whereas, After leaving public service as an elected official, Arnold J. Starr continued to serve his community as an ordained minister. He also served the State of West Virginia in the National Guard where he obtained the rank of 1st Lieutenant. He was very active in a number of civic-minded organizations as well; and
Whereas, It is fitting that a lasting tribute be established to recognize the outstanding dedication and commitment Arnold J. Starr made to the State of West Virginia as an educator, elected county official and minister; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge on U. S. Route 119 at Miller's Creek, Mingo County, also known as the North Nolan Bridge, the "Arnold J. Starr 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 "Arnold J. Starr 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.
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. 28 - "Requesting the Division of Highways name the bridge on Route 46 and Armstrong Street crossing New Creek in Keyser, Mineral County, the 'Jonah E. Kelley, World War II Congressional Medal of Honor Recipient, Memorial Bridge'."
Whereas, Jonah E. Kelley of Keyser, Mineral County, was born April 13, 1923, in Rada, Hampshire County; and
Whereas, Jonah E. Kelley served his nation with pride and distinction in the United States Army during World War II and attained the rank of Staff Sergeant; and
Whereas, S/Sgt. Jonah E. Kelley served with the 311th Infantry of the U. S. 78th Infantry Division; and
Whereas, During World War II, S/Sgt. Jonah E. Kelley was in charge of an E Company squad. On January 30, 1945, he led his men through intense mortar and small arms fire in Kesternich, Germany. S/Sgt. Kelley was wounded twice by mortar fragments, once in the back and once in his left hand. S/Sgt. Kelley continued to lead his men in their slow but steady advancement and never left them to seek medical attention for his wounds; and
Whereas, At dawn on January 31, 1945, S/Sgt. Jonah E. Kelley and his men resumed their attack and advanced to a point where heavy automatic and small arms fire stalled their advancement. S/Sgt. Kelley moved out alone, encountering an enemy machine gun nest. Despite being shot several times, S/Sgt. Kelley emptied his rifle at the enemy position. He died minutes later from the wounds he received. The courage that S/Sgt. Kelley displayed inspired his men to push forward and penetrate the last line of defense held by the enemy; and
Whereas, In recognition of his heroic efforts and selfless dedication to his men and the nation he served, S/Sgt. Jonah E. Kelley was posthumously awarded the Congressional Medal of Honor; and
Whereas, It is fitting that a bridge be named in honor of S/Sgt. Jonah E. Kelley as a lasting tribute to his service and sacrifice to this nation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge on Route 46 and Armstrong Street crossing New Creek in Keyser, Mineral County, the "Jonah E. Kelley, World War II Congressional Medal of Honor Recipient, 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 "Jonah E. Kelley, World War II Congressional Medal of Honor Recipient, 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.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 60 - "Requesting the Joint Committee on Government and Finance study the possibility and economic feasibility of establishing a statewide automated victim notification network."
Whereas, The victims of crimes throughout the state have a direct interest in and need for information about the location of the person or persons who perpetrated crimes against them; and
Whereas, The current victim notification system operated by the Division of Corrections may be enhanced to provide more information to victims by including the court system, law enforcement and Regional Jail Authority as participants; and
Whereas, The Division of Corrections, the courts, law enforcement and Regional Jail Authority have limited resources available for victim notification programs; and
Whereas, More cost-effective and efficient systems of victim notification and information sharing may be available; and
Whereas, The Legislature should focus on methods and procedures that best protect public safety, including victim notification, and provide a system for sharing information in the justice system without jeopardizing the mandate to incarcerate an ever-increasing inmate population; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the possibility and economic feasibility of establishing a statewide automated victim notification network; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 64 - "Requesting the Division of Highways name the new bridge on Route 17 in Sharples, Logan County, the 'Sharples Stags Memorial Bridge'."
Whereas, Sharples High School was constructed in 1963; and
Whereas, In 1993, students who attended Sharples High School were relocated to Chapmanville High School and Scott High School as a result of a consolidation effort; and
Whereas, Sharples High School, which has been razed, stood near the site of the newly constructed bridge on Route 17; and
Whereas, Sharples High School alumni are interested in preserving the memory of their alma mater by naming the newly constructed bridge on Route 17 in Sharples, Logan County, the "Sharples Stags Memorial Bridge" as a lasting tribute to those who attended Sharples High School; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the new bridge on Route 17 in Sharples, Logan County, the "Sharples Stags Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways have made and be placed signs identifying the bridge as the "Sharples Stags Memorial Bridge"; and, be it
Further Resolved, That the Clerk of Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
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. 71 - "Requesting the Joint Committee on Government and Finance study the need for background checks for professional licensees of various boards."
Whereas, Numerous bills have come before the Legislature requesting background checks for various professional licensees; and
Whereas, It is in the best interest of the public to determine whether background checks are necessary for certain professional licensees to better protect the public from harm; and
Whereas, Professional licensees also have an interest in maintaining high standards for their members, which would be aided by background checks; and
Whereas, The standards for requiring, requesting and paying for background checks can be made consistent through an interim study
; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the need for background checks for licensees of various boards; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 72 - "Requesting the Joint Committee on Government and Finance study the sunrise process, sunset process and procedure to introduce the sunset legislation."
Whereas, The sunrise process was established in 1998 in article one-a, chapter thirty of the Code of West Virginia to review the many requests for licensure by different groups; and
Whereas, Because of the success of the sunrise process, a need exists to expand the process; and
Whereas, The sunset process was established to review all state agencies on their performance of statutory duties and to determine if a need exists for the agency; and
Whereas, The sunset process to review all state agencies is time-consuming and cumbersome and needs to be made more efficient; and
Whereas, The Performance Evaluation and Research Division reviews all sunrise applications and performs all sunset reviews, plus any special reports requested by legislators, which require specific legislative direction; and
Whereas, The individual introduction of sunset legislation is costly and burdensome on legislative clerks and needs to be made more efficient; therefore, be it
Whereas, The procedure to introduce sunset legislation needs to be made more efficient; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the sunrise process, sunset process and procedure for introducing sunset legislation; and, be it
Further Resolved, That the Joint Committee on Government and Finance propose new processes and procedures and specifically direct the Performance Evaluation and Research Division; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 79 - "Requesting the Division of Highways rename Warriormine Road, 12/4, in War, McDowell County, 'Glenn Hatcher Way'."
Whereas, Glenn Hatcher of War, McDowell County, served the citizens of McDowell County with honor and distinction as a state legislator. He was elected to the House of Delegates in 1956. He was elected to the Senate in 1960, where he represented the citizens of the sixth senatorial district, and was reelected in 1964; and
Whereas, The Honorable Glenn Hatcher also served the citizens of McDowell County as an educator and an elementary school principal; and
Whereas, The Honorable Glenn Hatcher was instrumental in the creation of Berwind Lake Hunting and Fishing Wildlife Management Area; and
Whereas, It is fitting that a lasting tribute be made to honor the public service of the Honorable Glenn Hatcher; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to rename Warriormine Road, 12/4, in War, McDowell County, "Glenn Hatcher Way"; and, be it
Further Resolved, That the Division of Highways have made and be placed signs at appropriate locations displaying the name "Glenn Hatcher Way"; 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.
S. B. 632, Relating to disclosure of electioneering communications, having been reported from committee in earlier proceedings, was taken up for further consideration, read a first time and ordered to second reading.
Messages from the Executive

The Speaker laid before the House of Delegates a Proclamation from His Excellency, the Governor, which was read by the Clerk as follows:
State of West Virginia

EXECUTIVE DEPARTMENT

At Charleston

A PROCLAMATION

By the Governor

Whereas, The Constitution of West Virginia delineates the respective powers, duties and responsibilities of the three separate branches of government; and
Whereas, Article VI, Section 22 of the Constitution of West Virginia provides that the current regular session of the Legislature not exceed sixty calendar days computed from and including the second Wednesday of January; and
Whereas, Pursuant to Article VI, Section 22 of the Constitution of West Virginia, the 2006 regular session of the Legislature concludes on eleventh day of March, Two Thousand Six, at midnight; and
Whereas, Article VI, Section 51 of the Constitution of West Virginia sets forth the legal authority of the Governor and the Legislature relating to the preparation and enactment of the Budget Bill; and
Whereas, Subsection D of Article Vi, Section 51 of the Constitution of West Virginia requires the Governor to issue a proclamation to extend the regular session of the Legislature if the Budget Bill shall not have been fully acted upon by the Legislature three days before the expiration of its regular session.
NOW, THEREFORE, I, JOE MANCHIN III, GOVERNOR of the State of West Virginia, do hereby issue this proclamation, in accordance with Article VI, Section 51, Subsection D(8) of the Constitution of West Virginia, to extend this regular session of the State Legislature for consideration of the Budget Bill for an additional period not to exceed six days; but no matters other than the Budget Bill and a provision for the cost of said extended session shall be considered during this extension of the session.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of West Virginia to be affixed.
DONE at the Capitol in the City of Charleston, State of West Virginia, on this the eighth day of March, in the year of our Lord, Two Thousand Six, and in the One Hundred Forty-Third year of the State.
Joe Manchin III
Governor.

By the Governor
Betty Ireland,
Secretary of State
Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Ferrell and Houston.
Miscellaneous Business

Delegate Stephens announced that he was absent on today when the vote was taken on Roll No.405 , and that had he been present, he would have voted "Nay" thereon.
At 7:06 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, March 9, 2006.