hdj2007-3-01-51

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Thursday, March 1, 2007
FIFTY-FIRST DAY
[Mr. Speaker, Mr. Thompson, in the Chair]

The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Wednesday, February 28, 2007, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Talbott, 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. 611, Relating to Division of Natural Resources' long-term contracts with third parties,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (S. B. 611) was referred to the Committee on the Judiciary.
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. 528, Depositing certain pesticide license fees into Pesticide Control Fund,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (S. B. 528) was referred to the Committee on Finance.
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. 384, Creating Nonnative Animals Regulation Board,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (S. B. 384) was referred to the Committee on the Judiciary.
Chairman Talbott, 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. 396, Exempting site-specific data on certain rare plant or animal species from disclosure,
S. B. 6, Authorizing boat safety checks by conservation officers,
And,
S.B. 613, Relating to crossbow restrictions,
And reports the same back with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (S. B. 396, S. B. 6 and S. B. 613) were each referred to the Committee on the Judiciary.
Chairman Moore, 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. 182, Requiring Division of Banking employ same frequency of examination schedules as certain federal regulators,

And,
S. B. 183, Providing Board of Banking and Financial Institutions authority to approve acquisitions of out-of-state banks,
And reports the same back with the recommendation that they each do pass, and with the recommendation that second reference of the bills to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bills (S. B. 182 and S. B. 183) to the Committee on Finance was abrogated.
Chairman Iaquinta, from the Committee on Veterans Affairs and Homeland Security, submitted the following report, which was received:
Your Committee on Veterans Affairs and Homeland Security has had under consideration:
S. B. 387, Guaranteeing certain veterans bronze military grave markers,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (S. B. 387) to the Committee on Finance was abrogated.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 181, Relating to per diem compensation of Board of Banking and Financial Institutions' members,
And reports the same back, with amendment, with the recommendation that it do pass.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
S. B. 596, Requiring municipal elections' personnel participate in training,
And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Government Organization be dispensed with.
In the absence of objection, reference of the bill (S. B. 596) to the Committee on Government Organization was abrogated.
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. 18 Requiring third party reimbursement for kidney disease screening,
And,
S. B. 149, Repealing code section relating to Child Assessment or In-State Placement Fund,
And reports the same back with the recommendation that they each do pass, and with the recommendation that second reference of the bills to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bills (S. B. 18 and S. B. 149) to the Committee on Finance was abrogated.
Chairman Kominar, 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. 511, Repealing code section relating to insurance policies,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (S. B. 511) was referred to the Committee on the Judiciary.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 413, Clarifying procedures for seizing abandoned, neglected or cruelly treated animals,
And reports the same back, with a title amendment, with the recommendation that it do pass, as amended.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 70, Providing penalties for employing unauthorized workers,
And,
S. B. 416, Creating misdemeanor offenses for attempting to defeat drug or alcohol screening test,
And reports the same back with the recommendation that they each do pass.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 21 - "A Bill to amend and reenact §21-11-14 of the Code of West Virginia, 1931, as amended, relating to granting the West Virginia Contractor Licensing Board the authority to take disciplinary action including assessing a civil penalty against a licensee for failure to satisfy an adverse judgment in favor of a consumer entered by a magistrate or circuit court"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 67 - "A Bill to amend and reenact §18-9D-15 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §18- 9F-1, §18-9F-2, §18-9F-3, §18-9F-4, §18-9F-5, §18-9F-6 and §18-9F-7, all relating generally to the School Building Authority and school access safety; encouraging efficiency in school design; declaring legislative intent; authorizing the School Building Authority to facilitate and provide funding for enhancing the safe ingress and egress of pupils, school employees, parents, visitors and emergency personnel to and from West Virginia public schools; defining certain terms; providing for submission of school access safety plans; providing for certain guidelines and procedures by authority for plans, plan modifications and evaluating projects; providing for allocation and distribution of moneys to projects; creating a special account in the State Treasury; and providing school access safety requirements for new school buildings"; which was referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 82 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §62-1E-1, §62-1E-2, §62-1E-3 and §62-1E-4, all relating to recommending procedures proposed by the United States Department of Justice to improve the reliability of eyewitness' identification in criminal matters; defining terms; authorizing training for law-enforcement officers; and providing mandatory implementation date"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 121 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-1F-1b, relating to tolling any state licensure or registration requirement for persons on active duty in the National Guard or other reserve component of the armed services of the United States"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 203 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-58; and to amend and reenact §12-3-10a, §12-3-10d and §12-3-10e of said code, all relating to the state Purchasing Card Program; creating the Purchasing Improvement Fund; authorizing use of purchasing cards for regular routine payments, travel and emergency purchases and cash advances for travel purchases; authorizing expenditures from the Purchasing Card Administration Fund to pay expenses related to the use of the card and the general operation of the Auditor's office; providing expenditure from the fund for the Hatfield-McCoy Regional Recreation Authority; and adding members to the Purchasing Card Advisory Committee"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 278 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Health and Human Resources and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the Department of Health and Human Resources; 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; authorizing Health Care Authority to promulgate a legislative rule relating to certificates of need; authorizing Health Care Authority to promulgate a legislative rule relating to health services offered by health professionals; authorizing Department of Health and Human Resources to promulgate a legislative rule relating to public water systems; authorizing Department of Health and Human Resources to promulgate a legislative rule relating to public water system operators; authorizing Department of Health and Human Resources to promulgate a legislative rule relating to nursing home licensure; authorizing Department of Health and Human Resources to promulgate a legislative rule relating to recreational water facilities; authorizing Department of Health and Human Resources to promulgate a legislative rule relating to vital statistics; authorizing Department of Health and Human Resources to promulgate a legislative rule relating to emergency medical services; authorizing Division of Human Services to promulgate a legislative rule relating to child care center licensing; authorizing Division of Human Services to promulgate a legislative rule relating to child-placing agencies' licensure; authorizing Division of Human Services to promulgate a legislative rule relating to minimum licensing requirements for group residential facilities in West Virginia; authorizing Division of Human Services to promulgate a legislative rule relating to family child care facility licensing requirements; authorizing Division of Human Services to promulgate a legislative rule relating to family child care home registration requirements; and authorizing Division of Human Services to promulgate a legislative rule relating to informal and relative family child care home registration requirements"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2007, and requested the concurrence of the House of Delegates in the passage, of
S. B. 331 - "A Bill to amend and reenact §25-4-6 of the Code of West Virginia, 1931, as amended, relating to assignment of youthful offenders to the custody of the Division of Corrections; providing that where an offender has completed the treatment program and is returned to court for sentencing but commits a crime between the time of release from the youthful offender center and the sentencing hearing, the judge has the discretion to impose the original sentence instead of releasing the offender on probation"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 337 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-5-19, relating to the establishment of a program to inventory emissions, reductions and carbon sequestrations of greenhouse gases; creating a voluntary registry for the reporting of voluntary reductions of greenhouse gas emissions if the reductions are made before they are required by law; clarifying that certain industries are exempt from reporting; providing public recognition of voluntary reduction or avoidance of greenhouse gases; providing definitions; and providing consideration of the reductions under future federal greenhouse gas emission reduction programs"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 371 - "A Bill to amend and reenact §11-15-8 of the Code of West Virginia, 1931, as amended, relating to listing certain professional and personal services as exempt from the payment of the consumers sales and service tax"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 400 - "A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating to providing for five additional circuit court judges"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 425 - "A Bill to amend and reenact §22C-2-1 and §22C-2-5 of the Code of West Virginia, 1931, as amended, all relating to the Water Pollution Control Revolving Fund; expanding the definition of "local entity"; and authorizing the Water Development Authority to take security interest in property purchased by loan from the fund"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 447 - "A Bill to amend and reenact §16-1-4 of the Code of West Virginia, 1931, as amended, relating generally to the regulation of opioid treatment centers; and providing for specific minimum requirements established by the rules provided in said section"; which was referred to the Committee on Health and Human Resources then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 465 - "A Bill to amend and reenact §22-14-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §22-14-19, all relating to deficient dams; establishing the Dam Safety Rehabilitation Revolving Fund for deficient dams; and providing for promulgation of rules"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 496 - "A Bill to amend and reenact §29-6-10 and §29-6-14 of the Code of West Virginia, 1931, as amended, all relating to the approval of pay plans by the State Personnel Board of the Division of Personnel for all employees in the classified-exempt service; and requiring certification of classified-exempt payrolls by the director"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 514 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §12-3A-7, relating to information technology donations"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2007, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 521 - "A Bill to amend and reenact §20-14-8 of the Code of West Virginia, 1931, as amended, relating to civil penalties issued for criminal and civil violations in the Hatfield-McCoy Regional Recreation Area"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2007, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 523 - "A Bill to amend and reenact §17A-2-21 and §17A-2-23 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-3-3 and §17A-3-14 of said code; to amend and reenact §17A-4-10 of said code; to amend and reenact §17A-9-7 of said code; to amend and reenact §17B-2-7c of said code; to amend and reenact §17C-5A-2a, §17C-5A-3 and §17C-5A-3a of said code; to amend and reenact §17E-1-23 of said code; and to amend and reenact §20-7-12 of said code, all relating to the consolidation and elimination of certain fees collected by the Division of Motor Vehicles"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2007, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 541 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-1C-5b; to amend and reenact §11-8-6f of said code; to amend said code by adding thereto a new section, designated §11-21-23; to amend and reenact §18-9A-2 and §18-9A-11 of said code; and to amend said code by adding thereto a new section, designated §18-9A-2a, all relating to public school finance; requiring local share to be calculated assuming properties are being assessed at sixty percent of market value; eliminating the one-percent limit on revenue generated by the regular school board levy; freezing the school board levy rates at their current rate; amending 'growth county' definition and clarifying what new property values to include for the purposes of the Growth County School Facilities Act; increasing state aid to financially impacted counties and counties assessing at a minimum of fifty-seven percent of market value by reducing the percentage used to calculate levies for general current expense purposes; providing for a refundable property tax credit for real property taxes paid in excess of a certain percent of income; requiring that a library funding obligation created by special act be paid from certain funds; limiting a library funding obligation; allowing, under certain conditions, a transfer of the library funding obligation so that the obligation is paid from excess levy revenues; and voiding the library funding obligation under certain conditions"; which was referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 544 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2F-1a; and to amend and reenact §16-2F-2, §16-2F-3, §16-2F-4, §16-2F-5, §16-2F-6, §16-2F-8 and §16-2F-9 of said code, all relating to parental notification requirements for abortions performed on unemancipated minors; providing that the circuit court has jurisdiction over the provisions of the article; defining terms; providing for a waiver; requiring notice to minors of a right to petition the court; reporting and record retention requirements; specifying when notice is not required; providing penalties; and providing a severability clause"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 552 - "A Bill to amend and reenact §22-11-8 of the Code of West Virginia, 1931, as amended, relating to modifying the Water Pollution Control Act to reflect organizational changes made in the Department of Environmental Protection in previous legislation"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 559 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-4-21, relating to predatory insurance sales practices; and authorizing the Insurance Commissioner to promulgate emergency rules to protect military personnel"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 565 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31B-3-303a; to amend said code by adding thereto a new section, designated §31D-8-860a; to amend said code by adding thereto a new section, designated §31E-8-813; and to amend said code by adding thereto a new section, designated §47B-3- 3a, all relating to requiring any partnership, limited liability company, nonprofit corporation or business corporation conducting business in this state and receiving funds from this state to provide, upon request of any citizen and without charge, the names of its members, managers, partners or board of directors and the names of the members, managers, partners or board of directors of its parent organization, if any, as is applicable to the particular entity; and cessation of funding for failure to comply"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 568 - "A Bill to amend and reenact §33-20-18 of the Code of West Virginia, 1931, as amended, relating to lowering from fifty-five years of age to fifty years of age concerning the requirement that automobile insurers provide for premium reductions"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2007, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 578 - "A Bill to amend and reenact §5-5-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §12-3-1c, all relating to increasing the amount of annual incremental salary increases for eligible employees from fifty dollars to seventy-five dollars; and requiring the State Auditor to provide a benefits statement with a state officer's or employee's net wages"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2007, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 582 - "A Bill to repeal §5A-3-38, §5A-3-39, §5A-3-40, §5A-3-40a and §5A-3-41 of the Code of West Virginia, 1931, as amended; to repeal §20-1A-1, §20-1A-2, §20-1A- 3, §20-1A-4, §20-1A-5, §20-1A-6, §20-1A-8 and §20-1A-9 of said code; to amend said code by adding thereto a new article, designated §5A-10-1, §5A-10-2, §5A-10-3, §5A-10-4, §5A-10-5, §5A- 10-6, §5A-10-7, §5A-10-8, §5A-10-9, §5A-10-10 and §5A-10-11; to amend said code by adding thereto a new article, designated §5A-11-1, §5A-11-2, §5A-11-3, §5A-11-4, §5A-11-5, §5A-11-6, §5A-11-7 and §5A-11-8; to amend and reenact §5F-2-1 and §5F-2-2 of said code; and to amend and reenact §20-1-7 of said code, all relating to the creation of the Real Estate Division in the Department of Administration; providing the Real Estate Division approval of leases; exempting the acquisition and management of public lands and streams by the Division of Natural Resources; creating the position of Executive Director of the Real Estate Division; granting the division authority; requiring inspection of leased or rental property; requiring agencies to maintain and submit real estate inventory records to the Real Estate Division; requiring review of real property inventory; granting rule-making authority; transferring the Public Land Corporation to the Real Estate Division; continuing the Public Land Corporation's board of directors; continuing the Public Land Corporation powers and duties related to the acquisition, leasing, development, disposition and use of public lands; requiring sales of public land to be conducted by competitive bidding and exceptions; requiring public hearing before the sale, lease, exchange or transfer of land or minerals; requiring competitive bidding and notice before the development or extraction of minerals and related standards; and providing for the transfer and transition of the Public Land Corporation to the Real Estate Division"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 588 - "A Bill to amend and reenact §11-13-2f of the Code of West Virginia, 1931, as amended, relating to removing the expiration date of the tax on manufacturing or production of synthetic fuel from coal which is scheduled to expire on the thirtieth day of June, two thousand seven"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 595 - "A Bill to amend and reenact §23-1-1 and §23-1-1f of the Code of West Virginia, 1931, as amended; to amend and reenact §23-2-9 of said code; to amend and reenact §23-2C-3, §23-2C-8, §23-2C-15, §23-2C-18 and §23-2C-19 of said code; to amend said code by adding thereto a new section, designated §23-2C-18a; and to amend and reenact §23-5-9 of said code, all relating to the transition to a private workers' compensation insurance system; expressing legislative intent; permitting the Insurance Commissioner to hire additional exempt employees; exempting the Insurance Commissioner from purchasing rules in some circumstances; changing requirements for approval of self-insured status and for reports from self-insured employers; making various technical changes necessitated by the transition to a private workers' compensation insurance system; reducing frequency of certain payments from self-insured employers and private carriers; authorizing the Insurance Commissioner to assess self-insured employers for certain funds; making certain assessments against self-insured employers discretionary with the Insurance Commissioner; clarifying how disputes related to claims against the Uninsured Employer Fund are resolved; increasing time that employers must report certain changes in coverage to the Insurance Commissioner; authorizing the Insurance Commissioner to promulgate exempt legislative rules; revising rate-making process; defining terms; providing for the designation of a single rating organization; deleting provisions regarding private carrier premium collection; requiring agencies to terminate or revoke licenses, permits or certifications of employers in default to the state; clarifying persons subject to certain liens; providing for stay of award pending appeal; and removing requirement that the record of proceedings before the office of judges include certain documents"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 608 - "A Bill to amend and reenact §21A-10-11 of the Code of West Virginia, 1931, as amended, relating to disclosure of employers in default of unemployment compensation payments and amounts by which employers are in default"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 621 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-4-21, relating to legislative rule-making authority of the West Virginia Insurance Commissioner; requiring development of a standard format for preferred drug lists and drug formularies; and requiring the format to be maintained and available electronically"; which was referred to the Committee on Health and Human Resources then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 629 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-15-9a, relating generally to solid waste facilities; providing procedure to allow certain facilities to handle up to one hundred thousand tons of solid waste per month; providing special solid waste assessment fee; specifying when special solid waste assessment fee applies in lieu of regular fees; specifying administration, collection and disbursement of the special solid waste assessment fee; authorizing enforcement and penalties for nonpayment of the fee; creating the county solid waste assessment fee account and providing for its management; creating a county solid waste advisory board; establishing terms and specifying duties of the solid waste advisory board; and dedicating use of special assessment fee proceeds for certain purposes"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2007, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 650 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-48; and to amend and reenact §18-9D-2 and §18- 9D-16 of said code, all relating to time levels for bus routes of students in grades prekindergarten through five; providing for the establishment, maintenance and adherence to schedules for one-way bus transportation time levels under normal weather operating conditions; prohibiting the creation of new bus routes in the wake of a closure or consolidation of an existing school facility in which the travel time levels for students in certain grades exceed certain levels; allowing for county school boards to seek a waiver from the prohibition from the State Board of Education and the School Building Authority; defining certain terms; and providing that the School Building Authority and State Board of Education cannot approve any facilities plan until it approves any waiver requested by a county board"; which was referred to the Committee on Education.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 654 - "A Bill to amend and reenact §20-14-3 of the Code of West Virginia, 1931, relating to reconstituting the governing board of the Hatfield-McCoy Regional Recreation Authority to include eleven members; and stating the trail system is located in Boone, Logan, McDowell, Mingo and Wyoming counties"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2007, and requested the concurrence of the House of Delegates in the passage, of
S. B. 667 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-10-1d, relating to establishing the West Virginia Andrew J. Trail Purple Heart Recipient College Bill of Rights Act of 2007; and allowing certain disabled recipients of the purple heart to attend a state college or university without paying tuition or fees for eight semesters"; which was referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 669 - "A Bill to amend and reenact §17-2A-8 of the Code of West Virginia, 1931, as amended, relating to allowing the Commissioner of Highways to transfer surplus cash balances among funds administered by the division, with a credit to the fund from which a surplus cash balance is transferred"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 672 - "A Bill to amend and reenact §11-6C-1 and §11-6C-2 of the Code of West Virginia, 1931, as amended, all relating to including dealer boat inventory and rental car inventory in the special method for appraising dealer vehicle inventory; and providing the method for determining the market value of rental cars held in dealer vehicle inventory"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 678 - "A Bill to amend and reenact §11-13A-3d of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-13V-4a, all relating to the Severance and Business Privilege Tax Act and the Workers' Compensation Debt Reduction Act; specifying termination of the severance tax exemption for production of coalbed methane on new wells; and specifying that coalbed methane from new wells is taxed as natural gas for purposes of the Severance and Business Privilege Tax Act and for purposes of the taxes imposed by the Workers' Compensation Debt Reduction Act"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 690 - "A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as amended, relating to the sales tax exemption on materials used for highway construction and maintenance"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 697 - "A Bill to amend and reenact §7-12-7 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new chapter, designated §7A-1-1, all relating to the Appalachian Regional Interstate Compact; authorizing revenue sharing agreements between development authorities or similar authorities outside the state; providing that certain obligations of development authorities are not debts pursuant to section eight, article X of the Constitution of West Virginia; creating the Appalachian Regional Interstate Compact; providing a short title; establishing the compact and authorizing membership under certain conditions; setting forth powers and duties of compact members; providing for six compact commissioners; authorizing appointment by the President of the Senate and the Speaker of the House of Delegates; specifying terms of service; providing for funding for operating expenses; providing that members will receive compensation and reimbursement for reasonable and necessary expenses as determined by each state; and providing that the act will become effective upon adoption of at least one other state"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 712 - "A Bill to amend and reenact §11-10-5s of the Code of West Virginia, 1931, as amended; to amend and reenact §17-22-7 of said code; to amend and reenact §60- 1-5a of said code; to amend and reenact §60-3-25 of said code; to amend and reenact §60-3A-18 of said code; to amend and reenact §60-4-2, §60-4-3, §60-4-3a, §60-4-15 and §60-4-22 of said code; to amend said code by adding thereto a new section, designated §60-4-3b; to amend and reenact §60- 6-1 and §60-6-2 of said code; to amend and reenact §60-8-1, §60-8-2, §60-8-3, §60-8-4, §60-8-5, §60-8-6, §60-8-7, §60-8-16, §60-8-18, §60-8-19, §60-8-20, §60-8-23, §60-8-24, §60-8-25, §60-8-26, §60-8-28, §60-8-29, §60-8-30, §60-8-31, §60-8-32 and §60-8-34 of said code; and to amend said code by adding thereto a new section, designated §60-8-6a, all relating to alcohol beverage regulation generally; the regulating wine; recategorizing farm wineries as mini-wineries in equalizing wineries with distilleries and mini-wineries with mini-distilleries as to signage, licensing, license fees, sales and the use of suppliers and distributors; providing licensing procedure for wineries, mini-wineries, suppliers, distributors or retailers to sell and direct ship wine for personal consumption by an adult over twenty-one years of age; providing licensing requirements and registration procedures for wine suppliers, subject to approval of all wine labels; amending the definition of 'wine'; adding a private wine bed and breakfast license and a private wine spa license; permitting adult patrons at private wine bed and breakfasts, private wine restaurants, private wine spas and private clubs to recork or reseal for off-premises consumption up to two bottles of unconsumed wine when the sale of wine is accompanied by food or a meal; extending hours retail licensees may sell liquor; permitting a private wine restaurant or a private club to sell from its inventory, for off-premises consumption, one bottle of wine per adult; equalizing certain license fees; adding protections for wineries, mini- wineries, suppliers and distributors by requiring written agreements between the parties, a notice of termination and ninety days for a party to either deplete wine inventories or reach some other agreement; and permitting sharing of tax, licensing and enforcement information between the Tax Commissioner and the Alcohol Beverage Control Commissioner"; which was referred to the Committee on Agriculture and Natural Resources then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 713 - "A Bill to amend and reenact §3-8-1a, §3-8-2, §3-8-2b, §3-8-3, §3-8-4, §3-8-5, §3-8-5a, §3-8-5b and §3-8-5e of the Code of West Virginia, 1931, as amended, all relating to campaign finance filings; defining terms; setting value for in-kind contributions; permitting a political committee created by a membership organization to solicit contributions only from its members; requiring expedited filings of independent expenditure filings within fifteen days of election; requiring certain independent expenditures to be filed as electioneering communications; lowering the threshold of electioneering communications to be reported fifteen days prior to an election; modifying requirements for political committee treasurers of candidates from offices larger than one county; modifying the reporting periods; requiring certain information for contributions in excess of two hundred fifty dollars; clarifying that details of third-party expenditures must be filed; requiring electronic filing for statewide candidates; and clarifying where campaign finance reports are filed"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 738 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-16A-6a, relating to the West Virginia Parkways, Economic Development and Tourism Authority; requiring the authority to report a proposed toll or a toll revision to the Joint Committee on Government and Finance; and requiring the Legislature to vote on the proposed toll or a toll revision"; which was referred to the Committee on Government Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 742 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-5-15, relating to exempting certain airplanes from personal property tax"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2007, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 744 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-15A-25, relating to infrastructure planning for new roads; defining terms; setting forth legislative findings; creating a Highway Corridor Infrastructure Assistance Program; creating a Highway Corridor Infrastructure Planning Team; team members; expense reimbursement; powers and duties; creating a special revenue account; tax credits; transfer of infrastructure development; and funding requirements"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 749 - "A Bill to amend and reenact §11-24-1, §11-24-3a and §11-24-7 of the Code of West Virginia, 1931, as amended, relating to corporation net income tax generally; defining terms; and requiring combined reporting"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 750 - "A Bill to amend and reenact §11-24-4 of the Code of West Virginia, 1931, as amended, relating to reducing the rate of corporation net income tax"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 751 - "A Bill to amend and reenact §11-23-6 of the Code of West Virginia, 1931, as amended, relating to phasing out business franchise tax over seven years"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 752 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto fifteen new sections, designated §11-13W-1, §11-13W-2, §11-13W-3, §11-13W-4, §11-13W-5, §11- 13W-6, §11-13W-7, §11-13W-8, §11-13W-9, §11-13W-10, §11-13W-11, §11-13W-12, §11-13W- 13, §11-13W-14 and §11-13W-15, all relating generally to allowing tax incentives when computing business franchise and West Virginia income tax liabilities, corporate or personal, as the case may be, for cost of intellectual property developed or used in this state or both developed and used in this state; providing short title, legislative findings and purpose; defining certain terms; specifying terms, conditions and rules for taking of tax credits and deductions; providing for forfeiture of unused credit after period of years; allowing Tax Commissioner to prescribe rules; requiring periodic reports by Tax Commissioner on cost and effect of tax incentives; providing rule of construction and for severability; proving effective date; and specifying termination date"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 753 - "A Bill to amend and reenact §3-5-19 of the Code of West Virginia, 1931, as amended, relating to filling vacancies in nominations"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 755 - "A Bill to amend and reenact §46A-6H-3 of the Code of West Virginia, 1931, as amended, relating to requiring court approval for certain structured settlement transfers; enhancing protection for consumers; requiring appointment of guardian ad litem; payment of guardian ad litem, attorneys' fees and costs; required findings; and standard of proof"; which was referred to the Committee on Banking and Insurance then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 756 - "A Bill to amend and reenact §30-29-1 and §30-29-5 of the Code of West Virginia, 1931, as amended, all relating to homeland security and law enforcement generally; improving homeland security by improving information transfer between agencies; including Secretary of Military Affairs and Public Safety in definition of 'chief executive of a law-enforcement agency'; modifying definition of 'law-enforcement officer' to include certain Public Service Commission motor carrier inspectors and enforcement officers; and providing certain certification requirements are applicable to Public Service Commission motor carrier inspectors and enforcement officers by the first day of July, two thousand seven"; which was referred to the Committee on Government Organization then the Judiciary.
Resolutions Introduced
Delegates Hrutkay, J. Miller, Stephens, Tansill, Argento, Boggs, Burdiss, Crosier, Ennis, Klempa, Manchin, Martin, Pethtel, Pino, Proudfoot, Shook, Wells, Wysong, Duke, Ellem and Evans offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 60 - "Requesting the Committee on Government and Finance to conduct a study of the requirements and restrictions for a license to operate a motor vehicle by individuals with impaired vision, including, but not limited to, the feasibility and potential benefits and risks of the use of bioptic telescopic devices by visually impaired persons to qualify for a license and the feasibility of mandatory vision examination for license renewal."
W HEREAS , Many people with low vision are highly motivated to drive and are willing to take measures such as the use of corrective or bioptic lenses while driving, while others drive either without an awareness of a vision impairment or without regard for their need for vision correction, thus creating a hazard on the road and a hazard to the safety of others; and
W HEREAS , West Virginia is one of eleven states that does not require its citizens to have vision tests upon the renewal of their driver's licenses; and
W HEREAS , Vision tests upon the renewal of driver's licenses could potentially be beneficial to drivers who may be unaware of their vision impairment, and would potentially enhance the safety of drivers that are unaware that he or she has a vision impairment, as well as their passengers and others on the road; and
Whereas, Visually impaired individuals should not be disqualified from being licensed to drive due to their impairment if corrective vision devices are available to safely correct their vision to enable the person to safely operate a motor vehicle; and
Whereas, Currently, thirty nine States license "bioptic" drivers following an individual assessment and screening of the driver's capabilities; and
Whereas, The Legislature desires to provide adequate measures to allow visually impaired individuals to be licensed to operate a motor vehicle if corrective vision measures can be utilized to enable these individuals to safely operate a motor vehicle; and
Whereas, A collaborative effort composed of Legislative Members, the Division of Motor Vehicles, the State Police, ophthalmologists, optometrists and other interested parties would be desirable to study and devise effective means to provide for licensure of visually impaired individuals if feasible, and to also identify drivers that have vision impairments to determine whether they can safely drive with proper vision correction; therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the requirements and restrictions for a license to operate a motor vehicle by individuals with impaired vision, including, but not limited to, the feasibility and potential benefits and risks of the use of bioptic telescopic devices by visually impaired persons to qualify for a license and the feasibility of mandatory vision examination for license renewal; and, be it
Further Resolved, That the Joint Committee on Government and Finance appoint an interim committee to conduct the study composed of eleven members, including three members of the Senate appointed by the President of the Senate, three members of the House of Delegates appointed by the Speaker of the House of Delegates, the commissioner of the Division of Motor Vehicles or his or her designee, the director of the Division of Rehabilitation Services or his or her designee, an ophthalmologist licensed in this state, an optometrist licensed in this state and one citizen member with impaired vision, whose driving vision could potentially benefit by the use of bioptic telescopic lenses, appointed by the director of the Division of Rehabilitation Services in consultation with the President of the Senate and the Speaker of the House of Delegates; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Ashley, Armstead, Border, Evans, Overington and Schadler offered the following resolution, which was read by the Clerk:
H. R. 32 - "Commemorating the passing of William Frederick 'Bill' Carmichael, dedicated public servant, unique individual, and beloved husband and father."
Whereas, William Frederick "Bill" Carmichael was born on April 4, 1933, in Silverton, Jackson County. A son of the late Fred and Beulah M. Carmichael, he was educated in the public schools and West Virginia University; and
Whereas, Bill Carmichael was a veteran who served his country during the Korean War as a member of the United States Navy; and
Whereas, On May 1, 1957, he married the former Carolyn Harpold and together they had five children; and
Whereas, Bill was an employee of Kaiser Aluminum in Ravenswood for thirty years where he helped found USWA Local 5668 and served as the first chairman of its grievance committee; and
Whereas, Bill served his county and state with honor and distinction as a member of this legislative body for seven terms having been appointed to the House of Delegates on July 8, 1969, and having been elected in 1972, 1978, 1980, 1982, 1984, and 1990; and
Whereas, Bill always championed the causes of the common man, the working man and those persons who otherwise had no voice or spokesman; and
Whereas, One of Bill's more interesting accomplishments was his introduction and efforts in the passage of his amendment in 1985 which provided that if a driver was convicted of driving less than ten miles per hour above the speed limit on a controlled-access or interstate highway, the conviction would not be transmitted to the division of motor vehicles; and
Whereas, Bill Carmichael loved the legislative process and many of his fondest memories were of serving in this body; and
Whereas, Bill Carmichael was a dedicated public servant who served the State of West Virginia not only as a member of the Legislature but also as a member of the Board of Parole, as Labor Commissioner, and as a liaison for the Governor; and
Whereas, Bill always faced each new challenge with one of his trusty pipes and a tough, ever-ready, independent mountaineer spirit that was most evident after he suffered a life-altering stroke that left him confined to a wheelchair. Although the stroke stripped him of his independence, it in no way diminished his dignity, honor, or bright optimism for the future; and
Whereas, Bill Carmichael was an exemplary citizen, who made many sacrifices for the purpose of serving his fellow West Virginians, and he cared more for others than for himself to the end; and
Whereas, Bill Carmichael departed this earthly life on August 2, 2006, at the age of seventy- three and his passing should not go unnoticed; therefore, be it
Resolved by the House of Delegates:
That regret is hereby expressed by the members at the passing of William Frederick "Bill" Carmichael, dedicated public servant, unique individual, a man who loved his wife and family, West Virginia and his fellow man; and, be it
Further Resolved, That the Clerk is hereby requested to forward a copy of this resolution to his wife, Carolyn Carmichael, and his children, Mitch, Shawna, Chad, and Brett.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 32) to a committee was dispensed with, and it was taken up for immediate consideration.
The question now being on the adoption of the resolution, Delegate Martin demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 239), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Blair, Border and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 32) adopted.
Petitions
Mr. Speaker, Mr. Thompson, presented a petition that he had received by numerous residents of the State, in support of a six percent salary increase for the West Virginia Department of Highways employees; which was referred to the Committee on Finance.
Special Calendar
Unfinished Business
H. C. R. 55, Requesting the Joint Committee on Government and Finance undertake a study of alternative processes to ensure the viability of smaller water and sewer utilities; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Third Reading
S. B. 171, Continuing Board of Accountancy; 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. 171 under the provisions of House Rule 49 stating that her husband was a certified public accountant.
Delegates Campbell and Hamilton also requested to be excused from voting on the passage of S. B. 171 under the provisions of House Rule 49.
The Speaker refused to excuse the Members from voting, stating that they were members of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 240), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Blair, Border and Carmichael.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 171) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 241), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Blair and Border.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 171) 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. 172, Continuing Board of Respiratory Care Practitioners; 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. 242), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Blair and Border.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 172) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 243), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Blair and Border.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 172) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 186, Continuing Board of Embalmers and Funeral Directors; 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. 244), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Blair and Border.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 186) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 245), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Blair and Border.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 186) 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. 190, Continuing Board of Examiners of Psychologists; 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. 246), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Blair and Border.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 190) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 247), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Blair and Border.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 190) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Second Reading
The following bills on second reading, coming up in regular order, were each read a second time and ordered third reading:
S. B. 206, Assessing court costs for participants in pretrial diversion programs,
S. B. 436, Selecting executive secretary for county commission on crime, delinquency and corrections,
S. B. 531, Relating to filing service of process on corporations in class action suits,
And,
S. B. 594, Making supplemental appropriation to various accounts.
Com. Sub. for H. B. 3009, Defining what a child advocacy center is and what services it shall provide in child abuse and neglect cases and child welfare cases; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
S. B. 626, Relating to child advocacy centers; on second reading, coming up in regular order, was read a second time.
On motion of Delegate DeLong, the bill was amended on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 1. PURPOSES AND DEFINITIONS.
§49-1-3. Definitions relating to abuse and neglect.
(a) 'Abused child' means a child whose health or welfare is harmed or threatened by:
(1) A parent, guardian or custodian who knowingly or intentionally inflicts, attempts to inflict or knowingly allows another person to inflict, physical injury or mental or emotional injury, upon the child or another child in the home; or
(2) Sexual abuse or sexual exploitation; or
(3) The sale or attempted sale of a child by a parent, guardian or custodian in violation of section sixteen, article four, chapter forty-eight of this code; or
(4) Domestic violence as defined in section two hundred two, article twenty-seven, chapter forty-eight of this code.
In addition to its broader meaning, physical injury may include an injury to the child as a result of excessive corporal punishment.
(b) 'Abusing parent' means a parent, guardian or other custodian, regardless of his or her age, whose conduct, as alleged in the petition charging child abuse or neglect, has been adjudged by the court to constitute child abuse or neglect.
(c) 'Battered parent' means a parent, guardian or other custodian who has been judicially determined not to have condoned the abuse or neglect and has not been able to stop the abuse or neglect of the child or children due to being the victim of domestic violence as defined by section two hundred two, article twenty-seven, chapter forty-eight of this code, which domestic violence was perpetrated by the person or persons determined to have abused or neglected the child or children.
(d) 'Child abuse and neglect' or 'child abuse or neglect' means physical injury, mental or emotional injury, sexual abuse, sexual exploitation, sale or attempted sale or negligent treatment or maltreatment of a child by a parent, guardian or custodian who is responsible for the child's welfare, under circumstances which harm or threaten the health and welfare of the child.
(e) 'Child abuse and neglect services' means social services which are directed toward:
(1) Protecting and promoting the welfare of children who are abused or neglected;
(2) Identifying, preventing and remedying conditions which cause child abuse and neglect;
(3) Preventing the unnecessary removal of children from their families by identifying family problems and assisting families in resolving problems which could lead to a removal of children and a breakup of the family;
(4) In cases where children have been removed from their families, providing services to the children and the families so as to reunify such children with their families or some portion thereof;
(5) Placing children in suitable adoptive homes when reunifying the children with their families, or some portion thereof, is not possible or appropriate; and
(6) Assuring the adequate care of children who have been placed in the custody of the department or third parties.
(f) 'Child advocacy center' means a community based organization that is a member in good standing with the West Virginia Child Abuse Network, Inc. and is working to implement the following program components:
(1) Child-appropriate/Child-friendly facility: A Children Advocacy Center provides a comfortable, private, child-friendly setting that is both physically and psychologically safe for clients.
(2) Multidisciplinary team (MDT): A multidisciplinary team for response to child abuse allegations includes representation from the following: Law enforcement; child protective services;
prosecution; mental health; medical; victim advocacy; child advocacy center.
(3) Organizational capacity: A designated legal entity responsible for program and fiscal operations has been established and implements basic sound administrative practices.
(4) Cultural competency and diversity: The CAC promotes policies, practices and procedures that are culturally competent. Cultural competency is defined as the capacity to function in more than one culture, requiring the ability to appreciate, understand and interact with members of diverse populations within the local community.
(5) Forensic interviews: Forensic interviews are conducted in a manner which is of a neutral, fact finding nature and coordinated to avoid duplicative interviewing.
(6) Medical evaluation: Specialized medical evaluation and treatment are to be made available to CAC clients as part of the team response, either at the CAC or through coordination and referral with other specialized medical providers.
(7) Therapeutic intervention: Specialized mental health services are to be made available as part of the team response, either at the CAC or through coordination and referral with other appropriate treatment providers.
(8) Victim support/advocacy: Victim support and advocacy are to be made available as part of the team response, either at the CAC or through coordination with other providers, throughout the investigation and subsequent legal proceedings.
(9) Case review: Team discussion and information sharing regarding the investigation, case status and services needed by the child and family are to occur on a routine basis.
(10) Case tracking: CACs must develop and implement a system for monitoring case progress and tracking case outcomes for team components: Provided, That a child advocacy center may establish a safe exchange location for children and families who have a parenting agreement or an order providing for visitation or custody of the children that require a safe exchange location.
~~(f)~~ (g) 'Imminent danger to the physical well-being of the child' means an emergency situation in which the welfare or the life of the child is threatened. Such emergency situation exists when there is reasonable cause to believe that any child in the home is or has been sexually abused or sexually exploited, or reasonable cause to believe that the following conditions threaten the health or life of any child in the home:
(1) Nonaccidental trauma inflicted by a parent, guardian, custodian, sibling or a babysitter or other caretaker;
(2) A combination of physical and other signs indicating a pattern of abuse which may be medically diagnosed as battered child syndrome;
(3) Nutritional deprivation;
(4) Abandonment by the parent, guardian or custodian;
(5) Inadequate treatment of serious illness or disease;
(6) Substantial emotional injury inflicted by a parent, guardian or custodian; or
(7) Sale or attempted sale of the child by the parent, guardian or custodian.
~~(g)~~ (h) 'Legal guardianship' means the permanent relationship between a child and caretaker, established by order of the circuit court having jurisdiction over the child, pursuant to the provisions of chapters forty-eight and forty-nine of this code.
~~(h)~~ (i) 'Multidisciplinary team' means a group of professionals and paraprofessionals representing a variety of disciplines who interact and coordinate their efforts to identify, diagnose and treat specific cases of child abuse and neglect. Multidisciplinary teams may include, but are not limited to, medical, educational, child care and law-enforcement personnel, social workers, psychologists and psychiatrists. Their goal is to pool their respective skills in order to formulate accurate diagnoses and to provide comprehensive coordinated treatment with continuity and follow- up for both parents and children. 'Community team' means a multidisciplinary group which addresses the general problem of child abuse and neglect in a given community and may consist of several multidisciplinary teams with different functions.
~~(i)~~ (j) (1) 'Neglected child' means a child:
(A) Whose physical or mental health is harmed or threatened by a present refusal, failure or inability of the child's parent, guardian or custodian to supply the child with necessary food, clothing, shelter, supervision, medical care or education, when such refusal, failure or inability is not due primarily to a lack of financial means on the part of the parent, guardian or custodian; or
(B) Who is presently without necessary food, clothing, shelter, medical care, education or supervision because of the disappearance or absence of the child's parent or custodian;
(2) 'Neglected child' does not mean a child whose education is
conducted within the provisions of section one, article eight, chapter eighteen of this code.
~~(j)~~ (k) 'Parenting skills' means a parent's competencies in providing physical care, protection, supervision and psychological support appropriate to a child's age and state of development.
~~(k)~~ (l) 'Sexual abuse' means:
(A) As to a child who is less than sixteen years of age, any of the following acts which a parent, guardian or custodian shall engage in, attempt to engage in, or knowingly procure another person to engage in, with such child, notwithstanding the fact that the child may have willingly participated in such conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct:
(i) Sexual intercourse;
(ii) Sexual intrusion; or
(iii) Sexual contact;
(B) As to a child who is sixteen years of age or older, any of the following acts which a parent, guardian or custodian shall engage in, attempt to engage in, or knowingly procure another person to engage in, with such child, notwithstanding the fact that the child may have consented to such conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct:
(i) Sexual intercourse;
(ii) Sexual intrusion; or
(iii) Sexual contact;
(C) Any conduct whereby a parent, guardian or custodian displays his or her sex organs to a child, or procures another person to display his or her sex organs to a child, for the purpose of gratifying the sexual desire of the parent, guardian or custodian, of the person making such display, or of the child, or for the purpose of affronting or alarming the child.
~~(l)~~ (m) 'Sexual contact' means sexual contact as that term is defined in section one, article eight-b, chapter sixty-one of this code.
~~(m)~~ (n) 'Sexual exploitation' means an act whereby:
(1) A parent, custodian or guardian, whether for financial gain or not, persuades, induces, entices or coerces a child to engage in sexually explicit conduct as that term is defined in section one, article eight-c, chapter sixty-one of this code;
(2) A parent, guardian or custodian persuades, induces, entices or coerces a child to display his or her sex organs for the sexual gratification of the parent, guardian, custodian or a third person, or to display his or her sex organs under circumstances in which the parent, guardian or custodian knows such display is likely to be observed by others who would be affronted or alarmed.
~~(n)~~ (o) 'Sexual intercourse' means sexual intercourse as that term is defined in section one, article eight-b, chapter sixty-one of this code.
~~(o)~~ (p) 'Sexual intrusion' means sexual intrusion as that term is defined in section one, article eight-b, chapter sixty-one of this code.
~~(p)~~ (q) 'Parental rights' means any and all rights and duties regarding a parent to a minor child, including, but not limited to, custodial rights and visitational rights and rights to participate in the decisions affecting a minor child.
~~(q)~~ (r) 'Placement' means any temporary or permanent placement of a child who is in the custody of the state in any foster home, group home or other facility or residence.
~~(r)~~ (s) 'Serious physical abuse' means bodily injury which creates a substantial risk of death, which causes serious or prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ.
~~(s)~~ (t) 'Siblings' means children who have at least one biological parent in common or who have been legally adopted by the same parents or parent.
~~(t)~~ (u) 'Time-limited reunification services' means individual, group, and family counseling, inpatient, residential or outpatient substance abuse treatment services, mental health services, assistance to address domestic violence, services designed to provide temporary child care and therapeutic services for families, including crisis nurseries and transportation to or from any such services, provided during fifteen of the most recent twenty-two months a child has been in foster care, as determined by the earlier date of the first judicial finding that the child is subjected to abuse or neglect, or the date which is sixty days after the child is removed from home.
§49-1-4. Other definitions.
As used in this chapter:
(1) 'Child welfare agency' means any agency or facility maintained by the state or any county or municipality thereof, or any agency or facility maintained by an individual, firm, corporation, association or organization, public or private, to receive children for care and maintenance or for placement in residential care facilities, or any facility that provides care for unmarried mothers and their children;
(2) 'Child advocacy center' means a community based organization that is a member in good standing with the West Virginia Child Abuse Network, Inc. and is working to implement the following program components:
(A) Child-appropriate/Child-friendly facility: A children's advocacy center provides a comfortable, private, child-friendly setting that is both physically and psychologically safe for clients.
(B) Multidisciplinary team (MDT): A multidisciplinary team for response to child abuse allegations includes representation from the following: Law enforcement; child protective services; prosecution; mental health; medical; victim advocacy; child advocacy center.
(C) Organizational capacity: A designated legal entity responsible for program and fiscal operations has been established and implements basic sound administrative practices.
(D) Cultural competency and diversity: The Child advocacy center promotes policies, practices and procedures that are culturally competent. Cultural competency is defined as the capacity to function in more than one culture, requiring the ability to appreciate, understand and interact with members of diverse populations within the local community.
(E) Forensic interviews: Forensic interviews are conducted in a manner which is of a neutral, fact finding nature, and coordinated to avoid duplicative interviewing.
(F) Medical evaluation: Specialized medical evaluation and treatment are to be made available to child advocacy center clients as part of the team response, either at the child advocacy center or through coordination and referral with other specialized medical providers.
(G) Therapeutic intervention: Specialized mental health services are to be made available as part of the team response, either at the child advocacy center or through coordination and referral with other appropriate treatment providers.
(H) Victim support/advocacy: Victim support and advocacy are to be made available as part of the team response, either at the child advocacy center or through coordination with other providers, throughout the investigation and subsequent legal proceedings.
(I) Case review: Team discussion and information sharing regarding the investigation, case status and services needed by the child and family are to occur on a routine basis.
(J) Case tracking: Child advocacy centers must develop and implement a system for monitoring case progress and tracking case outcomes for team components: Provided, That a child advocacy center may establish a safe exchange location for children and families who have a parenting agreement or an order providing for visitation or custody of the children that require a safe exchange location.
~~(2)~~ (3) 'Community based,' when referring to a facility, program, or service, means located near the juvenile's home or family and involving community participation in planning, operation, and evaluation, and which may include, but is not limited to, medical, educational, vocational, social and psychological guidance, training, special education, counseling, alcoholism and any treatment, and other rehabilitation services;
~~(3)~~ (4) 'Court' means the circuit court of the county with jurisdiction of the case or the judge thereof in vacation unless otherwise specifically provided;
~~(4)~~ (5) 'Custodian' means a person who has or shares actual physical possession or care and custody of a child, regardless of whether such person has been granted custody of the child by
any contract, agreement or legal proceedings;
~~(5)~~ (6) 'Department' or 'state department' means the state Department of Health and Human Resources;
~~(6)~~ (7) 'Division of juvenile services' means the division within the Department of Military Affairs and Public Safety pursuant to article five-e of this chapter;
~~(7)~~ (8) 'Guardian' means a person who has care and custody of a child as a result of any contract, agreement or legal proceeding;
~~(8)~~ (9) 'Juvenile delinquent' means a juvenile who has been adjudicated as one who commits an act which would be a crime under state law or a municipal ordinance if committed by an adult;
~~(9)~~ (10) 'Nonsecure facility' means any public or private residential facility not characterized by construction fixtures designed to physically restrict the movements and activities of individuals held in lawful custody in such facility and which provides its residents access to the surrounding community with supervision;
~~(10)~~ (11) 'Referee' means a juvenile referee appointed pursuant to section one, article five-a of this chapter, except that in any county which does not have a juvenile referee, the judge or judges of the circuit court may designate one or more magistrates of the county to perform the functions and duties which may be performed by a referee under this chapter;
~~(11)~~ (12) 'Secretary' means the secretary of health and human resources;
~~(12)~~ (13) 'Secure facility' means any public or private residential facility which includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in such facility;
~~(13)~~ (14) 'Staff-secure facility' means any public or private residential facility characterized by staff restrictions of the movements and activities of individuals held in lawful custody in such facility and which limits its residents' access to the surrounding community, but is not characterized by construction fixtures designed to physically restrict the movements and activities of residents;
~~(14)~~ (15) 'Status offender' means a juvenile who has been adjudicated as one:
(A) Who habitually and continually refuses to respond to the lawful supervision by his or her parents, guardian or legal custodian such that the child's behavior substantially endangers the health, safety, or welfare of the juvenile or any other person;
(B) Who has left the care of his or her parents, guardian or custodian without the consent of such person or without good cause;
(C) Who is habitually absent from school without good cause; or
(D) Who violates any West Virginia municipal, county, or state law regarding use of alcoholic beverages by minors;
~~(15)~~ (16) 'Valid court order' means a court order given to a juvenile who was brought before the court and made subject to such order, and who received, before the issuance of such order, the full due process rights guaranteed to such juvenile by the Constitutions of the United States and the State of West Virginia.
ARTICLE 5D. MULTIDISCIPLINARY TEAMS.

§49-5D-2. Multidisciplinary investigative teams; establishment; procedures; coordination between agencies.

(a) The prosecuting attorney shall establish a multidisciplinary investigative team in each county. The multidisciplinary team shall be headed and directed by the prosecuting attorney or his or her designee and shall include as permanent members the prosecuting attorney or his or her designee, a local child protective services caseworker from the department of health and human resources, a local law-enforcement officer employed by a law-enforcement agency in the county, a child advocacy center representative where available and, where appropriate to the particular case under consideration and available, ~~a child advocacy center representative, and~~ a representative from the licensed domestic violence program serving the county. The department of health and human resources and any local law-enforcement agency or agencies selected by the prosecuting attorney shall appoint their representatives to the team by submitting a written designation of the team to the prosecuting attorney of each county within thirty days of the prosecutor's request that the appointment be made. Within fifteen days of the appointment, the prosecuting attorney shall notify the chief judge of each circuit within which the county is situated of the names of the representatives so appointed. Any other person or any other appointee of an agency who may contribute to the team's efforts to assist a minor child as may be determined by the permanent members of the team may also be appointed as a member of the team by the prosecutor with notification to the chief judge.
(b) Any permanent member of the multidisciplinary investigative team shall refer all cases of accidental death of any child reported to their agency and all cases when a child dies while in the custody of the state for investigation and review by the team. The multidisciplinary investigative team shall meet at regular intervals at least once every calendar month.
(c) The investigative team shall be responsible for coordinating or cooperating in the initial and ongoing investigation of all civil and criminal allegations pertinent to cases involving child sexual assault, child sexual abuse, child abuse and neglect, and shall make a recommendation to the county prosecuting attorney as to the initiation or commencement of a civil petition and/or criminal prosecution.
(d) State, county and local agencies shall provide the multidisciplinary investigative team with any information requested in writing by the team as allowable by law or upon receipt of a certified copy of the circuit court's order directing said agencies to release information in its possession relating to the child. The team shall assure that all information received and developed in connection with the provisions of this article remains confidential. For purposes of this section, the term "confidential" shall be construed in accordance with the provisions of section one, article seven of this chapter.
§49-5D-3. Multidisciplinary treatment planning process.
(a) (1) A multidisciplinary treatment planning process shall be established within each county of the state, either separately or in conjunction with a contiguous county, by the secretary of the department with advice and assistance from the prosecutor's advisory council as set forth in section four, article four, chapter seven of this code. The Division of Juvenile Services shall establish a similar treatment planning process for delinquency cases in which the juvenile has been committed to the custody of the director of the division.
(2) Treatment teams shall assess, plan and implement a comprehensive, individualized service plan for children who are victims of abuse or neglect and their families when a judicial proceeding has been initiated involving the child or children for juveniles and their families involved in status offense or delinquency proceedings when, in a status offense proceeding, the court refers the juvenile for services pursuant to sections eleven and eleven-a, article five of this chapter and when, in a delinquency proceeding, the court is considering placing the juvenile in the department's custody or placing the juvenile out-of-home at the department's expense pursuant to the provisions of section thirteen of said article. In any such status offense or delinquency case, the juvenile probation officer shall notify the local office of the Department of Health and Human Resources and the Division of Juvenile Services at least five working days before the court proceeding in order to allow the multidisciplinary treatment team to convene and develop a comprehensive individualized service plan for the child: Provided, That such notice is not required in cases where the child is already in state custody or there exist exigent circumstances which justify taking the child immediately into custody without a judicial proceeding. In developing an individualized service plan for a child, the team shall utilize a uniform comprehensive assessment of the child. The department shall adopt a standard uniform comprehensive assessment instrument or protocol to be used by treatment teams.
(3) Prior to disposition, in each case in which a treatment planning team has been convened, the team shall advise the court as to the types of services the team has determined are needed and the type of placement, if any, which will best serve the needs of the child. If the team determines that an out-of-home placement will best serve the needs of the child, the team shall first consider placement at facilities or programs located within the state. The team may only recommend placement in an out-of-state facility if it concludes, after considering the best interests and overall needs of the child, that there are no available and suitable in-state facilities which can satisfactorily meet the specific needs of the child.
(b) Each treatment team shall be convened ~~and directed~~ by the child's or family's case manager in the Department of Health and Human Resources or the Division of Juvenile Services if the juvenile has been ordered into its custody for examination and diagnosis pursuant to section thirteen, article five of this chapter. The treatment team shall consist of the child's custodial parent or parents, guardian or guardians, other immediate family members, the attorney or attorneys representing the child, the parent or parents of the child, the child's attorney, the guardian ad litem, if any, the prosecuting attorney or his or her designee, a member of a child advocacy center when the child has been processed through the child advocacy center program(s) and where appropriate to the particular case under consideration and available, a court-appointed special advocate, a member of a child advocacy center, an appropriate school official and any other person or an agency representative who may assist in providing recommendations for the particular needs of the child and family. The child may participate in multidisciplinary treatment team meetings if such is deemed appropriate by the multidisciplinary treatment team. For purposes of delinquency proceedings, the juvenile probation officer shall be a member of the treatment team. Any person authorized by the provisions of this chapter to convene a multidisciplinary team meeting may seek and receive an order of the circuit court setting such meeting and directing attendance. Members of the multidisciplinary team may participate in team meetings by telephone or video conferencing: Provided, That a member of a child advocacy center should participate in any case when appropriate to the particular case under consideration.
(c) The treatment team shall coordinate its activities and membership with local family resource networks and coordinate with other local and regional child and family service planning committees to assure the efficient planning and delivery of child and family services on a local and regional level.
(d) State, county and local agencies shall provide the multidisciplinary treatment teams with any information requested in writing by the team as allowable by law or upon receipt of a certified copy of the circuit court's order directing said agencies to release information in its possession relating to the child. The team shall assure that all information received and developed in connection with the provisions of this article remain confidential. For purposes of this section, the term "confidential" shall be construed in accordance with the provisions of section one, article seven of this chapter.
(e) Nothing in this section may be construed to require a multidisciplinary team meeting to be held prior to temporarily placing a child out-of-home under exigent circumstances or upon a court order placing the juvenile in a juvenile facility operated by the Division of Juvenile Services."
The bill was then ordered to third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
S. B. 104, Establishing date Consolidated Public Retirement Board shall make annuity payments,
Com. Sub. for S. B. 105, Imposing surcharge on certain fees due Deputy Sheriff Retirement Fund,
Com. Sub. for S. B. 274, Authorizing Department of Transportation promulgate legislative rules,
Com. Sub. for S. B. 276, Authorizing Department of Military Affairs and Public Safety promulgate legislative rules,
Com. Sub. for S. B. 314, Authorizing Department of Education and the Arts promulgate legislative rules,
S. B. 335, Providing funding for WV Affordable Housing Trust Fund,
S. B. 484, Finding and declaring certain claims against state,
And,
Com. Sub. for S. B. 641, Defining term "PSC motor carrier inspectors and enforcement officers" for criminal provisions purposes.
Miscellaneous Business
Delegate Spencer announced that she was absent on Tuesday, February 27, 2007 when the votes were taken on Roll Nos. 183 through 223, and that had she been present, she would have voted "Yea" thereon.
At 11:59 a.m., on motion of Delegate DeLong, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.
* * * * * * * * * * * *
Evening Session
* * * * * * * * * * * *
At the request of Delegate DeLong, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 66, Relating to WV Community Corrections Fund,
And reports the same back with the recommendation that it do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 134, Requiring employers provide contribution information to State Teachers Retirement System
And,
S. B. 180, Offering tax-free distributions from certain retirement plans to pay certain premiums for public safety officers,
And reports the same back, with amendment, with the recommendation that they each do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 382, Relating to reemployment of certain Supreme Court retirees,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 382) was referred to the Committee on Finance.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 489, Relating to PROMISE scholarship graduates report to Legislative Oversight Commission on Work Force Investment for Economic Development,
And reports the same back, with a title amendment, with the recommendation that it do pass, as amended.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 208, Providing Supreme Court and Consolidated Public Retirement Board notice when judge retires,
S. B. 389, Defining blue catfish as game fish,
S. B. 398, Authorizing Division of Motor Vehicles to suspend or refuse to register certain interstate commerce motor carriers,
S. B. 431, Regulating agricultural liming materials,
S. B. 530, Authorizing voter not affiliated with any political party to vote in primary,
And,
S. B. 757, Extending time for Smithers city council to meet as levying body,
And reports the same back with the recommendation that they each do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 411, Creating Correctional Center Nursery Act,
Com. Sub. for S. B. 414, Establishing flat fee for certain services by circuit clerks,
Com. Sub. for S. B. 428, Establishing consumer identity theft protections,
And,
Com. Sub. for S. B. 512, Prohibiting requirement of polygraph examination in certain sexual offense allegations,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Chairman Doyle, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 1st day March, 2007, 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. 2791, Relating to penalties for violating peace bonds,
And,
H. B. 2917, Repealing the requirement in the Consumers Sales and Service Tax and the Personal Income Tax that require the accelerated payment of those taxes in the month of June.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
Com. Sub. for S. B. 100, Requiring local school boards reimburse mileage to school service personnel using own vehicle,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (S. B. 100) was referred to the Committee on Finance.
Chairman Poling from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
S. B. 603, Establishing 21st Century Tools for 21st Century Schools Technology Initiative,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
S. B. 599, Eliminating early resignation notification bonus for certain teachers,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (S. B. 599) was referred to the Committee on Finance.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Com. Sub. for S. B. 129, Authorizing PEIA to transfer excess reserve funds to Retiree Health Benefit Trust Fund,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 129) was referred to the Committee on Finance.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 435, Clarifying Consolidated Local Government Act,
And,
S. B. 454, Renaming and restructuring Bureau of Employment Programs,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 442, Relating to grievance procedures for certain state and educational employees,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Leaves of Absence
At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Blair and Border.
At 5:11 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, March 2, 2007.