_________*__________
Monday, March 5, 2007
FIFTY-FIFTH 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 Sunday, March 4, 2007, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
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. 529, Prohibiting requirement that sexual offense victims pay costs of
forensic examination,
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. 529) 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. 441, Relating to wind power projects tax treatment,
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. 441) 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:
Com. Sub. for S. B. 68, Improving coal mine health and safety,
S. B. 557, Relating to judicial review of juvenile proceedings,
And,
Com. Sub. for S. B. 709, Authorizing circuit courts grant custodial and noncustodial improvement periods to certain juveniles,
And reports the same back with the recommendation that they each do pass.
Chairman Poling, from the Committee on Education, submitted the following report, which
was received:
Your Committee on Education has had under consideration:
S. B. 542, Authorizing rules for Higher Education Policy Commission and Council for
Community and Technical College Education,
And reports the same back with the recommendation that it do pass.
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. 475, Allowing appellant file stay with Board of Zoning Appeals,
And,
Com. Sub. for S. B. 405, Relating to direct deposit payment,
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. 654, Reconstituting Hatfield-McCoy Regional Recreation Authority
governing board,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
On motion for leave, a resolution was introduced (Originating in the Committee on Education
and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Poling, Paxton, Duke, Sumner, Browning, Crosier, Ellis, Fragale, Moye,
Perry, Pethtel, Rodighiero, Shaver, Stephens, Wells, Wysong, Ireland, J. Miller,
Romine, Rowan and Tansill:
H. R.33 - "Encouraging the creation of a West Virginia Civics Literacy Council."
Whereas, the House of Delegates recognizes the importance of civic education and civic
literacy; and
Whereas, the House of Delegates supports the integration of civics literacy into all levels
of education; and
Whereas, the House of Delegates considers civics literacy an essential part of the 21st
Century Skills as endorsed by the Governor, the State Legislature, and the State Board of Education;
therefore be it
Resolved by the House of Delegates:
That the House of Delegates encourages the creation of a West Virginia Civics Literacy
Council, to be co-chaired by the State Superintendent of Schools and the Secretary of Education and
the Arts; and be it
Further Resolved, That this Council should assess the status of civics education in West
Virginia, compile an inventory of civic engagement and service-learning opportunities available to
West Virginia students at all levels of education, make recommendations to enhance civics
education, and promote a network of civics education professionals to share information and strengthen partnerships; and be it
Further Resolved, That membership on the West Virginia Civics Literacy Council may
consist of social studies and civics educators, and representatives from the following organizations:
The West Virginia League of Women Voters, the West Virginia Humanities Council, the West
Virginia Elementary School Principals Association, the West Virginia Secondary School Principals
Association, the West Virginia School Superintendents Association, the West Virginia Education
Association, the West Virginia Federation of Teachers, the West Virginia Professional Educators
Association, the West Virginia Campus Compact, the West Virginia Commission for National and
Community Service, and the West Virginia Student Council Association; and be it
Further Resolved, That any interested member of the House of Delegates or the Senate may
attend and participate in council meetings; and be it
Further Resolved, That other members and representatives may be added at the discretion
of the co-chairs; and be it
Further Resolved, That the Council should coordinate its ongoing activities with the
Congressional Conference on Civic Education and other local, state, and national organizations, as
appropriate; and be it
Further Resolved, That the Council should provide an annual report of its activities to the
Governor, the State Legislature, and the State Board of Education; and be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to
the State Superintendent of Schools and the Secretary of Education and the Arts.
The Speaker then referred the resolution to the Committee on Rules.
On motion for leave, a resolution was introduced (Originating in the Committee on Education and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates M. Poling, Paxton, Duke, Sumner, Browning, Crosier, Ellis, Fragale,
Moye, Perry, Pethtel, Rodighiero, Shaver, Stephens, Wells, Wysong, Ireland, J. Miller,
Romine, Rowan and Tansill:
H. C. R. 68 - "Requesting the Joint Committee on Government and Finance to make a study
on developing an efficient system to promote universal access to comprehensive services that
provide quality early childhood development for children ages birth through eight."
Whereas, Much research now supports what reasonable people intuitively know, that the
quality of care, nurturing and intellectual stimulation given to children at the beginning of their lives
profoundly affect their health, development and preparedness for the challenges of formal schooling
and responsible adulthood; and
Whereas, These studies show that the return from investments in quality early childhood
development is likely higher than any other economic development investments the state makes; and
Whereas, Children at risk of not receiving the quality of care, nurturing and intellectual
stimulation needed may live in a variety of social and economic circumstances, including those in
which the parents or guardian are least capable of accessing adequate available resources; therefore,
be it
Resolved by the Legislature of West Virginia:
That the joint committee on government and finance is hereby requested to make a study on
developing an efficient system to promote universal access to comprehensive services that provide
quality early childhood development for children ages birth through eight; and be it
Further Resolved, That said study involve representatives of the PIECES Advisory Council and any members thereof, the West Virginia Kids Count Fund, the In-Home Family Education
Network and other like organizations or providers who have an interest in quality early childhood
development and may be essential partners in developing an efficient system to promote universal
access to comprehensive services that provide quality early childhood development for children ages
birth through eight including, but not limited to, the following concerns:
Quality of services;
Universal accessability;
Provider workforce and professional development;
Informing families and public;
Accountability and results orientation;
Adequate early childhood education financing;
Governance and coordination;
Education in the early grades; and
Health, oral health and mental health; and be it
Further Resolved, That the said joint committee on government and finance is requested to
prepare a report of its findings, conclusions and recommendations together with drafts of any
legislation necessary to effectuate its recommendations; and be it
Further Resolved, That the joint committee on government and finance is requested to report
to the regular session of the Legislature, 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
draft necessary legislation are requested to be paid from legislative appropriations to the joint committee on government and finance.
The Speaker then referred the resolution to the Committee on Rules.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
S. B. 121,Tolling state licensure or registration requirements for active duty military
personnel,
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. 185, Creating Tobacco Settlement Finance Authority,
And,
S. B. 438, Relating to Investment Management Board,
And reports the same back, with amendment, with the recommendation that they each do
pass.
Chairman Webster, from the Committee on the Judiciary, submitted te following report,
which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 707, Increasing jail processing fee amount,
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. 707) was referred to
the Committee on Finance.
Resolutions Introduced
Delegates Caputo, Manchin and Longstreth offered the following resolution, which was read
by the Clerk as follows:
H. C. R. 34 - "Memorializing the life and service of Nicola 'Nick' Fantasia, former esteemed
Member of the West Virginia House of Delegates from the County of Marion, Educator, Public
Servant and Friend."
Whereas, Nicola "Nick" Fantasia was born January 3, 1923 in Kingmont, West Virginia,
the son of the late Louis and Rose DiGiacomo Fantasia. Nick Fantasia served faithfully, tirelessly
and honorably in this Legislature for twenty-two years, where he held the position of Vice Chairman
of the Committee on Enrolled Bills during the 72nd Legislature.
He was elected to the House of Delegates in 1954, 1956, 1964, 1966, 1968, 1970, 1974 and
1988. He was appointed February 26, 1993 to fill a vacancy in the House, and was re-elected to his
last term in 1994. His Legislative career spanned five decades.
A dedicated patriot, Nick Fantasia served his country as an Army Medic during World War
II.
Married June 18, 1949 to Carmella D. Simmonetti, they were the proud parents of their
children Georgeanna, Rosemary, Nicolena, Gina, Annette and Nick Louis.
Professionally, Nick Fantasia was an educator and principal for more than forty years, having
been educated in the public schools of Marion County, at Fairmont State College (AB), and West
Virginia University (MA+45). During his career as an educator, he worked variously at Kingmont, Watson, Barnes and East Park Elementary Schools in Marion County.
A gruff individual outwardly, he was a kind, soft-hearted gentleman inwardly. He carried a
particular penchant for the less fortunate and worked through his church, civic and fraternal
organizations to help alleviate societal ills. A Roman Catholic by faith, he held membership in
Immaculate Conception Church and in the Knights of Columbus.
He also held membership in LOOM, BPOE, FOE, the Classroom Teacher's Association, the
American Legion, the VFW, the Holy Name Society, the West Virginia State Sportscaster's
Association and the Christopher Columbus Lodge.
He was also a life member of the National Education Association and formerly held the
position of President of the UMWA Local 4006, and the Elementary Principal's Association,
The earthly life of Nick Fantasia ended on September 12, 2005 while preparing for the three
thousandth broadcast of the "Italian Hour", a routine he had followed for the previous fifty-seven
years, pursuant to his love and obsession for Italian traditions and custom, but his life continues
through and in the myriad of people whom he knew and touched; therefore be it
Resolved by the House of Delegates:
That the House of Delegates hereby formally takes note of the life and service of Nicola
"Nick" Fantasia, Educator, Statesman and Public Servant, expresses regret and heartfelt condolences
at his passing and enrolls this memorial in his honor; and, be it
Further Resolved, That the Clerk of the House of Delegates provide a certified copy of this
Resolution for Mr. Fantasia's wife, Carmella, his four daughters Georgeanna Atkinson of
Parkersburg, Rosemary and Gina Fantasia of Fairmont and the Honorable Annette Fantasia of
Parkersburg, and his son, Nick Fantasia, former Mayor of Fairmont.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
resolution (H. R. 34) to a committee was dispensed with, and it was taken up for immediate
consideration.
The question now being on the adoption of the resolution, the yeas and nays were demanded,
which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 265), and there were--yeas
93, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Ennis, Palumbo, Swartzmiller, Talbott and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H. R. 34) adopted.
Special Calendar
Third Reading
Com. Sub. for S. B. 18, Requiring third party reimbursement for kidney disease screening;
on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
Delegates Canterbury, J. Miller and Walters moved to amend the bill on page five, section
seven, line thirty-two, after the word "foundation" by striking out the period and inserting in lieu
thereof the following: "Provided, That if kidney disease is diagnosed as a result of the screening
provided for in this section, the plan shall include coverage for treatment of the kidney disease in
foreign health care facilities in accordance with the provisions of section twenty-eight, article
sixteen, chapter five, of this code."
And,
On page fifteen, after section nine, after line forty-three, by inserting a new section, designated § 5-16-28, to read as follows:
"§5-16-28. Authorization for treatment of kidney disease in foreign health care facilities
accredited by the Joint Commission International (JCI); incentives for covered
employees; rebate of savings.
(a) Not later than the first day of July, two thousand and seven, the director shall establish
a program of incentives for covered employees who elect to obtain treatment of kidney disease in
health care facilities accredited by the Joint Commission International (JCI) when the cost of
treatment in the foreign health care facility is less than the cost of the medical care or medical
procedure available in a health care facility in this country: Provided, That the difference in the cost
of the foreign health care is equal to or greater than the total cost of the incentives.
The incentives shall include:
(1) Waiver of all copayments and deductible payments;
(2) Payment of cost of round trip air fares for the covered employee and one companion;
(3) Lodging expenses in the foreign country for the companion for the length of the
treatment or procedure;
(4) Lodging expenses in the foreign country for the covered employee and the companion for
not more than seven days of convalescence after the treatment or procedure;
(5) Payment to the covered employee's hiring agency for seven days of paid sick leave which
are not counted against the employee's accrued sick leave; and
(6) Rebate not more than twenty percent of the cost savings directly to the covered employee.
(b) The director shall establish a fund within the agency for the deposit of the remaining
eighty percent cost savings. Not later than the first day of July of each fiscal year, the director shall rebate the moneys in the fund in equal amounts to each covered employee.
Delegate DeLong arose to a point of order as to the germaneness of the amendment.
To the point of order the Speaker replied, stating that the fundamental purpose of the bill was
to provide for kidney disease screening and the fundamental purpose of the amendment was to
provide treatment options for kidney disease, and ruled the fundamental purpose of the amendment
not germane to the fundamental purpose of the bill to which it was offered.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 266),
and there were--yeas 93, nays 2, absent and not voting 4, with the nays and absent and not voting
being as follows:
Nays: Andes and Walters.
Absent And Not Voting: Craig, Swartzmiller, Talbott and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 18) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Com. Sub. for S. B. 66, Relating to WV Community Corrections Fund; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 267),
and there were--yeas 95, nays none, absent and not voting 4, with the absent and not voting being
as follows:
Absent And Not Voting: Craig, Swartzmiller, Talbott and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 66) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Com. Sub. for S. B. 70, Providing penalties for employing unauthorized workers; on
reading, coming up in regular order, with the right to amend, was, on motion of Delegate DeLong,
laid over one day.
S. B. 134, Requiring employers provide contribution information to State Teachers
Retirement System; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 268),
and there were--yeas 95, nays none, absent and not voting 4, with the absent and not voting being
as follows:
Absent And Not Voting: Craig, Swartzmiller, Talbott and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 134) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was
reported by the Clerk and adopted, amending the title to read as follows:
S. B. 134 - "A Bill to amend and reenact §18-7A-13a, §18-7A-14 and §18-7A-23 of the
Code of West Virginia, 1931, as amended, all relating to the State Teachers Retirement System;
establishing deadline for remittance of contributions due the State Teachers Retirement System;
requiring that a summary of amounts of contributions withheld accompany the remittance; and
clarifying certain terms used in the language of the statute."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
S. B. 149, Repealing code section relating to Child Assessment or In-State Placement Fund;
on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 269),
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: Craig, Talbott and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 149) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
S. B. 180, Offering tax-free distributions from certain retirement plans to pay certain
premiums for public safety officers; on third reading, coming up in regular order, was read a third
time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 270),
and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Craig, Talbott and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 180) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 181, Relating to per diem compensation of Board of Banking and
Financial Institutions' members; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 271),
and there were--yeas 94, nays 2, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Andes and Lane.
Absent And Not Voting: Craig, Talbott and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 181) passed.
Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken (Roll No. 272), 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: Craig, Talbott and Tucker.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 181) takes effect July 1, 2007.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for S. B. 182, Requiring Division of Banking employ same frequency of
examination schedules as certain federal regulators; 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. 273), 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: Craig, Talbott and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 182) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 274), 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: Craig, Talbott and Tucker.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 182) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
S. B. 183, Providing Board of Banking and Financial Institutions authority to approve
acquisitions of out-of-state banks; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 275),
and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 183) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 208, Providing Supreme Court and Consolidated Public Retirement Board notice when
judge retires; 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. 276),
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: Staggers, Talbott and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 208) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
S. B. 387, Guaranteeing certain veterans bronze military grave markers; 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. 277),
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: Talbott and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 387) passed.
An amendment to the title of the bill, recommended by the Committee on Veterans Affairs
and Homeland Security, was reported by the Clerk and adopted, amending the title to read as
follows:
The Committee on Veterans Affairs and Homeland Security moves to amend the title of the
bill to read as follows:
S. B. 387 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §24F-1-3a, relating to the opportunity to install certain deceased veterans'
grave markers."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
S. B. 389, Defining blue catfish as game fish; on third reading, coming up in regular order,
was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 278),
and there were--yeas 96, nays 1, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Ellem.
Absent And Not Voting: Talbott and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 389) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
S. B. 398, Authorizing Division of Motor Vehicles to suspend or refuse to register certain
interstate commerce motor carriers; 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. 279), and there were--yeas 96, nays 1, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Porter.
Absent And Not Voting: Talbott and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 398) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for S. B. 411, Creating Correctional Center Nursery Act; on third reading,
coming up in regular order, on third reading, coming up in regular order, was, on motion of Delegate
DeLong, laid over one day.
S. B. 413, Clarifying procedures for seizing abandoned, neglected or cruelly treated animals;
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. 280),
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: Talbott and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 413) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was
reported by the Clerk and adopted, amending the title to read as follows:
S. B. 413 - "A Bill to amend and reenact §7-10-4 of the Code of West Virginia, 1931, as amended, relating to hearings before magistrates involving the seizure of abandoned, neglected or
cruelly treated animals."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for S. B. 414, Establishing flat fee for certain services by circuit clerks; 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. 281),
and there were--yeas 92, nays 5, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Andes, Armstead, Hamilton, Schoen and Walters.
Absent And Not Voting: Talbott and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 414) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
S. B. 416, Creating misdemeanor offenses for attempting to defeat drug or alcohol screening
test; 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. 282),
and there were--yeas 94, nays 3, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Amores, Frederick and Schoen.
Absent And Not Voting: Talbott and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 416) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
S. B. 431, Regulating agricultural liming materials; 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. 283),
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: Talbott and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 431) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 284), 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: Talbott and Tucker.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 431) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
S. B. 489, Relating to PROMISE scholarship graduates report to Legislative Oversight
Commission on Work Force Investment for Economic Development; 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. 285),
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: Talbott and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 489) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was
reported by the Clerk and adopted, amending the title to read as follows:
S. B. 489 - "A Bill to amend and reenact §5B-2B-4 and §5B-2B-6 of the Code of West
Virginia, 1931, as amended, all relating to reports to the Legislative Oversight Commission on
Workforce Investment for Economic Development and the Legislative Oversight Commission on
Education Accountability generally; requiring a yearly report on the status and any memoranda of
understanding which have been entered into for West Virginia one-stop system operations; and
requiring a yearly report on the success of efforts to link PROMISE scholarship graduates to West
Virginia employment opportunities."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for S. B. 512, Prohibiting requirement of polygraph examination in certain
sexual offense allegations; 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. 286),
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: Talbott and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub for S. B. 512) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was
reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 512 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §62-6-8, relating to prohibiting law-enforcement officers
or prosecutors from asking or requiring an adult, youth or child victim of an alleged sexual offense
to submit to a polygraph examination or other truth telling device as a condition for proceeding with
the investigation of the offense; and establishing that refusal to undergo such testing shall not prevent
investigation of the offense."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
S. B. 530, Authorizing voter not affiliated with any political party to vote in primary; on third
reading, coming up in regular order, was, on motion of Delegate DeLong, laid over one day.
S. B. 596, Requiring municipal elections' personnel participate in training; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 287),
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: Talbott and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 596) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for S. B. 603, Establishing 21st Century Tools for 21st Century Schools
Technology Initiative; 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. 288),
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: Talbott and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 603) passed.
An amendment to the title of the bill, recommended by the Committee on Education, was
reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 603 - "A Bill to amend and reenact §18-2E-7 and §18-9A-10 of the
Code of West Virginia, 1931, as amended, relating to establishing a 21st Century Tools for 21st
Century Schools Technology Initiative to replace and enhance current technology programs and
provide formula funding therefore; findings; requiring a West Virginia 21st Century Strategic
Technology Learning Plan and setting forth specific areas it should address; requiring that the
provision of technologies and services to students and teachers be based on a plan aligned with the
goals of the West Virginia 21st Century Strategic Technology Learning Plan; allocation of
technology funds; purchasing; use of technology and technology infrastructure; including funding stream in public school support plan from proportion of growth in local share; and including
employment of technology integration specialists as justification prior to authorization to expend
certain funds."
Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken (Roll No. 289), 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: Talbott and Tucker.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 603) takes effect from July 1, 2007.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for S. B. 641, Defining term "PSC motor carrier inspectors and enforcement
officers" for criminal provisions purposes; 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. 290),
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: Talbott and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 641) passed.
On motion of Delegate Webster, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 641 - "A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to malicious assault, unlawful assault, battery and recidivism
of battery on a police officer; including malicious assault, unlawful assault, battery and recidivism
of battery on a Public Service Commission weight enforcement officer as a crime; and providing
criminal penalties."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Second Reading
Com. Sub. for S. B. 187, Relating to WV Performance Review Act; on second reading,
coming up in regular order, was read a second time.
On motion of Delegate Morgan, the bill was amended on page two, by striking out everything
after the enacting clause and inserting in lieu thereof the following:
"That §4-10-4a, §4-10-5a, §4-10-5b, §4-10-6a, §4-10-10a and §4-10-11a of the Code of West
Virginia, 1931, as amended, be repealed; and that §4-10-1, §4-10-2, §4-10-3, §4-10-4, §4-10-5, §4-
10-6, §4-10-7, §4-10-8, §4-10-9, §4-10-10, §4-10-11, §4-10-12, §4-10-13 and §4-10-14 of said code
be amended and reenacted, all to read as follows:
ARTICLE 10. PERFORMANCE REVIEW ACT.
§4-10-1. Short title.
This article shall be known as and may be cited as the West Virginia Performance Review
Act.
§4-10-2. Legislative findings; performance review process authorized.
(a) The Legislature finds that:
(1) State government has created many state agencies without sufficient legislative oversight, regulatory accountability or an effective system of checks and balances;
(2) State agencies have been created without demonstrable evidence that their benefits to the
public clearly justify their creation;
(3) Once established, state agencies tend to acquire permanent status, often without regard
for the condition that gave rise to their establishment;
(4) State agencies have been allowed to establish rules and at times may acquire autonomy
and authority inconsistent with principles of accountability;
(5) Employees of state agencies are often beyond the effective control of elected officials and
efforts to encourage modernization or to review performance become difficult;
(6) Regulatory boards established pursuant to chapter thirty of this code need periodic review
to ascertain the need for their continuation; and
(7) By establishing a process for the objective review of state agencies and regulatory boards,
their programs, functions and activities, the Legislature may evaluate the need for their continued
existence, consolidation or termination, and improve government efficiency, effectiveness, and
accountability.
(b) The Legislature hereby authorizes a process to review the operation and performance of
state agencies and regulatory boards to determine the need for their continued existence,
consolidation or termination.
§4-10-3. Definitions.
As used in this article, unless the context clearly indicates a different meaning:
(a) 'Agency' or 'state agency' means a state governmental entity, including any bureau,
department, division, commission, agency, committee, office, board, authority, subdivision, program, council, advisory body, cabinet, panel, system, task force, fund, compact, institution, survey,
position, coalition or other entity in the State of West Virginia.
(b) 'Agency review' means a review performed on agencies of a department pursuant to the
provisions of this article.
(c) 'Committee' means the Joint Committee on Government Operations.
(d) 'Compliance review' means a review for compliance with recommendations contained
in a previous agency review or regulatory board review conducted pursuant to the provisions of this
article and may include further inquiry of other issues as directed by the President, the Speaker, the
Legislative Auditor, the Committee or the Joint Standing Committee.
(e) 'Department' means the departments created within the executive branch, headed by a
secretary appointed by the Governor, as authorized by the code of West Virginia.
(f) 'Department presentation' means a presentation by a department pursuant to the
provisions of this article.
(g) 'Division' means the Performance Evaluation and Research Division of the Legislative
Auditor.
(h) 'Joint Standing Committee' means the Joint Standing Committee on Government
Organization.
(i) 'Privatize' means a contract to procure the services of a private vendor to provide a service
that is similar to, and/or in lieu of, a service provided by a state agency;
(j) 'Regulatory Board' means a board that regulates professions and occupations, created
under the provisions of chapter thirty of this code.
(k) 'Regulatory Board Review' means a review performed on a regulatory board pursuant to the provisions of this article.
§4-10-4. Joint Committee on Government Operations.
(a) The Joint Committee on Government Operations created by prior enactment of this article
is hereby continued.
(b) The committee is composed of fifteen members as follows:
(1) Five members of the Senate, to be appointed by the President, with no more than three
being from the same political party;
(2) Five members of the House of Delegates, to be appointed by the Speaker, with no more
than three being from the same political party; and
(3) Five citizen members from this state who are not legislators, public officials or public
employees, to be appointed by the Speaker of the House and the President of the Senate, with no
more than three being from the same political party and at least one of whom shall reside in each
congressional district of this state.
(c) The committee has two cochairs, one selected by the President of the Senate from the
members appointed from the Senate, and one selected by the Speaker of the House of Delegates from
the members appointed from the House of Delegates.
(d) All members of the committee serve until their successors have been appointed.
(e) All members of the committee are entitled to compensation and reimbursement for
expenses as authorized for members of the Legislature in accordance with the performance of their
interim duties.
§4-10-5. Powers and duties of the Committee
and Joint Standing Committee.
(a) To carry out the duties set forth in this article, the committee or the Joint Standing Committee, any authorized employee of the committee, the Joint Standing Committee, the
Legislative Auditor or any employee of the Division working at the direction of the committee or
the Joint Standing Committee, shall have access, including copying, to all records of every state
agency in West Virginia.
(b) When furnishing information, agencies shall provide the information in the format in
which it is requested, if the request is specific as to a preferred format.
(c) The committee or the Joint Standing Committee may hold public hearings in furtherance
of the purposes of this article, at such times and places within the state as desired. A member of the
committee or the Joint Standing Committee may administer oaths to persons testifying at such
hearings or meetings.
(d) The committee or the Joint Standing Committee may issue a subpoena, with the signature
of either cochair of the committee or the Joint Standing Committee and served in the manner
provided by law, to summon and compel the attendance of witnesses and their examination under
oath and the production of all books, papers, documents and records necessary or convenient to be
examined and used by the committee or Joint Standing Committee in the performance of its duties.
(e) If any witness subpoenaed to appear at any hearing or meeting refuses or fails to appear
or to answer questions put to him or her, or refuses or fails to produce books, papers, documents, or
records within his or her control when the same are demanded, the committee or the Joint Standing
Committee, in its discretion, may enforce obedience to its subpoena by attachment, fine or
imprisonment, as provided in article one of this chapter, or may report the facts to the circuit court
of Kanawha County or any other court of competent jurisdiction and the court shall compel
obedience to the subpoena as though it had been issued by the court.
(f) Witnesses subpoenaed to attend hearings or meetings pursuant to the provisions of this
article, except officers or employees of the state, shall be allowed the same mileage and per diem as
is allowed witnesses before any petit jury.
(g) The committee or the Joint Standing Committee, subject to the approval of the Joint
Committee on Government and Finance, may employ such persons as it considers necessary to carry
out the duties and responsibilities under this article and may contract for outside expertise in
conducting reviews.
(h) The committee or the Joint Standing Committee may collect, and the agency or regulatory
board shall promptly pay, the costs associated with conducting the reviews performed under this
article, upon presentation of a statement for the costs incurred. All money received by the committee
or the Joint Standing Committee from this source shall be expended only for the purpose of covering
the costs associated with such services, unless otherwise directed by the Legislature.
§4-10-6. Department presentation and schedule.
(a) During the two thousand seven legislative interim period, each department shall make a
presentation pursuant to the provisions of this section to the Joint Standing Committee and the
committee.
(b) The department shall provide to the Joint Standing Committee and the committee a
written copy of the presentation. The presentation shall include:
(1) A departmental chart designating each agency under the purview of the department;
(2) An analysis of the department's internal performance measures and self-assessment
systems; and
(3) For each agency under the purview of the department, the following:
(A) The mission, goals and functions of the agency;
(B) The statutory or other legal authority under which the agency operates;
(C) The number of employees of the agency for the immediate past ten years;
(D) The budget for the agency for the immediate past ten years;
(E) Any potential or actual loss of revenue due to operations, changes in law or any other
reason;
(F) The extent to which the agency has operated in the public interest;
(G) The extent to which the agency has complied with state personnel practices, including
affirmative action requirements;
(H) The extent to which the agency has encouraged public participation in the making of its
rules and decisions and has encouraged interested persons to report to it on the impact of its rules
and decisions on the effectiveness, economy and availability of services that it has provided;
(I) The efficiency with which public inquiries or complaints regarding the activities of the
agency have been processed and resolved;
(J) The extent to which statutory, regulatory, budgeting or other changes are necessary to
enable the agency to better serve the interests of the public and to comply with the factors
enumerated in this subsection; and
(K) A recommendation as to whether the agency should be continued, consolidated or
terminated.
(c) The schedule for the presentations by the departments shall be as follows:
(1) May, two thousand seven, Department of Administration;
(2) June, two thousand seven, Department of Education and the Arts;
(3) July, two thousand seven, Department of Education, including the Higher Education
Policy Commission and the West Virginia Council for Community and Technical College
Education;
(4) August, two thousand seven, Department of Revenue;
(5) September, two thousand seven, Department of Environmental Protection;
(6) October, two thousand seven, Department of Health and Human Resources, including the
Bureau of Senior Services;
(7) November, two thousand seven, Department of Commerce;
(8) December, two thousand seven, Department of Military Affairs and Public Safety; and
(9) January, two thousand eight, Department of Transportation.
§4-10-7. Agency review.
(a) The committee and the Joint Standing Committee shall conduct agency reviews, or
authorize the division to conduct agency reviews as one of its duties in addition to its other duties
prescribed by law, in accordance with Generally Accepted Government Auditing Standards
(GAGAS) as promulgated by the U. S. Government Accountability Office, on one or more of the
agencies under the purview of a department, during the year in which the department is scheduled
for review under the provisions of this article.
(b) The agency review may include, but is not limited to:
(1) An identification and description of the agency under review;
(2) The number of employees of the agency for the immediate past ten years;
(3) The budget for the agency for the immediate past ten years;
(4) Whether the agency is effectively and efficiently carrying out its statutory duties or legal authority;
(5) Whether the activities of the agency duplicate or overlap with those of other agencies, and
if so, how these activities could be consolidated;
(6) A cost-benefit analysis, as described in subsection (e) of this section, on state services that
are privatized or contemplated to be privatized;
(7) An analysis of the extent to which agency websites are accurate, updated and user-
friendly;
(8) An assessment of the utilization of information technology systems within the agency,
including interagency and intraagency communications;
(9) An analysis of any issues raised by the presentation made by the department pursuant to
the provisions of this article;
(10) An analysis of any other issues as the committee or the Joint Standing Committee may
direct; and
(11) A recommendation as to whether the agency under review should be continued,
consolidated or terminated.
(c) The committee or the Joint Standing Committee may vote on the recommendation as to
whether the agency under review should be continued, consolidated or terminated.
Recommendations of the committee or the Joint Standing Committee shall be given considerable
weight in determining if an agency should be continued, consolidated or terminated.
(d) An agency may be subject to a compliance review pursuant to the provisions of this
article.
(e) A cost benefit analysis authorized by this section may include:
(1) The tangible benefits of privatizing the service;
(2) Any legal impediments that may limit or prevent privatization of the service;
(3) The availability of multiple qualified and competitive private vendors; and
(4) A cost comparison, including total fixed and variable, direct and indirect, costs of the
current governmental operation and the private vendor contract.
§4-10-8. Schedule of departments for agency review.
(a) Each department shall make a presentation pursuant to the provisions of this article, to
the Joint Standing Committee and the committee during the first interim meeting after the regular
session of the year in which the department is to be reviewed pursuant to the schedule set forth in
subsection (b) of this section.
(b) An agency review shall be performed on one or more agencies under the purview of each
department at least once every six years, commencing as follows:
(1) Two thousand eight, the Department of Administration;
(2) Two thousand nine, the Department of Education and the Arts, and the Department of
Education, including the Higher Education Policy Commission and the West Virginia Council for
Community and Technical College Education;
(3) Two thousand ten, the Department of Revenue and the Department of Commerce;
(4) Two thousand eleven, the Department of Environmental Protection and the Department
of Military Affairs and Public Safety;
(5) Two thousand twelve, the Department of Health and Human Resources, including the
Bureau of Senior Services; and
(6) Two thousand thirteen, the Department of Transportation.
§4-10-9. Regulatory board review.
(a) The committee and the Joint Standing Committee shall conduct regulatory board reviews,
or authorize the division to conduct regulatory board reviews as one of its duties in addition to its
other duties prescribed by law, in accordance with Generally Accepted Government Auditing
Standards (GAGAS) as promulgated by the U. S. Government Accountability Office, on each
regulatory board to ascertain if there is a need for the continuation, consolidation or termination of
the regulatory board.
(b) A regulatory board review shall be performed on each regulatory board at least once every
twelve years. A regulatory board may be subject to a compliance review pursuant to the provisions
of this article.
(c) When a new regulatory board is created, a date for a regulatory board review shall be
included in the act that creates the board, within twelve years of the effective date of the act.
(d) The regulatory board review may include:
(1) Whether the board complies with the policies and provisions of chapter thirty of this code
and other applicable laws and rules;
(2) Whether the board follows a disciplinary procedure which observes due process rights
and protects the public interest;
(3) Whether the basis or facts that necessitated the initial licensing or regulation of a
profession or occupation have changed, or other conditions have arisen that would warrant increased,
decreased or the same degree of regulation;
(4) Whether the composition of the board adequately represents the public interest and
whether the board encourages public participation in its decisions rather than participation only by the industry and individuals it regulates;
(5) Whether statutory changes are necessary to improve board operations to enhance the
public interest;
(6) An analysis of any other issues the committee or the Joint Standing Committee may
direct; and
(7) A recommendation as to whether the regulatory board under review should be continued,
consolidated or terminated.
(e) The committee or the Joint Standing Committee may vote on the recommendation as to
whether the regulatory board under review should be continued, consolidated or terminated.
Recommendations of the committee or the Joint Standing Committee shall be given considerable
weight in determining if an regulatory board should be continued, consolidated or terminated.
§4-10-10. Regulatory board review schedule.
(a) A regulatory board review is required for all regulatory boards.
(b) A regulatory board review shall be performed on each regulatory board at least once every
twelve years, commencing as follows:
(1) Two thousand eight: Board of Acupuncture; Board of Barbers and Cosmetologists; and
Board of Examiners in Counseling.
(2) Two thousand nine: Board of Hearing Aid Dealers; Board of Licensed Dietitians; and
Nursing Home Administrators Board.
(3) Two thousand ten: Board of Dental Examiners; Board of Medicine; and Board of
Pharmacy.
(4) Two thousand eleven: Board of Chiropractic Examiners; Board of Osteopathy; and Board of Physical Therapy.
(5) Two thousand twelve: Board of Occupational Therapy; Board of Examiners for Speech
Language Pathology and Audiology; and Medical Imaging and Radiation Therapy Board of
Examiners.
(6) Two thousand thirteen: Board of Professional Surveyors; Board of Registration for
Foresters; and Board of Registration for Professional Engineers.
(7) Two thousand fourteen: Board of Examiners for Licensed Practical Nurses; Board of
Examiners for Registered Professional Nurses; and Massage Therapy Licensure Board.
(8) Two thousand fifteen: Board of Architects; Board of Embalmers and Funeral Directors;
and Board of Landscape Architects.
(9) Two thousand sixteen: Board of Registration for Sanitarians; Real Estate Appraiser
Licensure and Certification Board; and Real Estate Commission.
(10) Two thousand seventeen: Board of Accountancy; Board of Respiratory Care
Practitioners; and Board of Social Work Examiners.
(11) Two thousand eighteen: Board of Examiners of Psychologists; Board of Optometry; and
Board of Veterinary Medicine.
§4-10-11. Compliance review.
(a) After an agency review or a regulatory board review, if the committee or the Joint
Standing Committee finds that an agency or a regulatory board needs further review, then the
committee or the Joint Standing Committee may request a compliance review.
(b) If the committee or the Joint Standing Committee requests a compliance review for an
agency or a regulatory board, then it must state, in writing, the specific reasons for the compliance review and its expected completion date.
§4-10-12. Termination of an
agency or regulatory board; reestablishment of terminated
agency or regulatory board.
(a) If the Legislature terminates an agency or regulatory board, then the agency or regulatory
board shall continue in existence until the first day of July of the next succeeding year for the
purpose of winding up its affairs. Upon the expiration of one year after termination, the agency or
regulatory board shall cease all activities.
(b) During the wind-up year, the impending termination may not reduce nor otherwise limit
the powers or authority of that terminated agency or regulatory board.
(c) An agency that has been terminated pursuant to the provisions of this article may be
reestablished by the Legislature. If the agency is reestablished by the Legislature during the wind-up
year with substantially the same powers, duties or functions, then the agency is considered continued.
(d) If a regulatory board is reestablished by the Legislature during the wind-up year with
substantially the same powers, duties or functions, then the regulatory board is considered continued.
If a regulatory board is not reestablished by the Legislature during the wind-up year, then the
regulatory board is considered terminated and the profession or occupation must apply for regulation
through the sunrise process, under the provisions of this code, to be reestablished.
§4-10-13. Disposition of agency
or regulatory board assets, equipment, and records after
termination.
(a) On or before the thirtieth day of June of the wind-up year, the terminated agency or
regulatory board shall file a written statement with the Secretary of the Department of
Administration and the Division describing the disposition of its funds, assets, equipment and records.
(b) The division shall review the statement of the terminated agency or regulatory board and
report the results of its review to the committee and the Joint Standing Committee.
(c) Any unexpended funds of the terminated agency or regulatory board shall revert to the
fund from which they were appropriated or, if that fund is abolished, to the General Revenue Fund.
(d) All remaining assets and equipment of a terminated agency or regulatory board shall be
transferred to the secretary of the department of which it was a part or to the state agency for surplus
property in the Department of Administration.
(e) The records of a terminated agency or regulatory board shall be deposited with the
Department of Administration.
§4-10-14. Nullifying agency and regulatory board termination under prior law.
No agency or regulatory board terminates pursuant to references to this article."
The bill was then ordered to third reading.
S. B. 415, Authorizing magistrate courts assess fee for criminal records checks; on second
reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and
adopted, amending the bill on page one, following the enacting section, by striking out the remainder
of the bill and inserting in lieu thereof the following:
"ARTICLE 3. COSTS, FINES AND RECORDS.
§50-3-7. Records of magistrate court; reports.
(a) Records of the judicial transactions of magistrate court shall be kept as required by the
rules of the Supreme Court of Appeals. If, after judgment is rendered in a matter, no appeal is taken filed within the time allotted, the records of such the proceedings shall be forwarded to the
magistrate court clerk. or, if there is no magistrate court clerk, to the clerk of the Circuit Court.
Such The records shall be maintained by such the magistrate court clerk in accordance with the rules
of the Supreme Court of Appeals.
Records of the financial dealings of the magistrate court shall be kept as may be required by
the rules of the State Auditor, chief inspector of public offices who shall promulgate such the rules
only after consultation with the Supreme Court of Appeals.
A The magistrate court shall prepare and submit such the reports as may be required by the
rules of the Supreme Court of Appeals or by the chief inspector of public offices State Auditor.
(b) (1) Upon receipt of a written request, the magistrate court clerk shall perform a criminal
history record search of criminal records in his or her possession. Each request shall be accompanied
by a twenty-five dollar fee for each name that is to be the subject of the records search.
(2) The provisions of this subsection shall not apply to:
(A) Federal, state, county or municipal officials;
(B) Court-appointed attorneys;
(C) Prosecuting attorneys; and
(D) Persons utilizing court provided public access terminals.
(3) All moneys collected pursuant to this subsection shall be remitted to the general fund in
the State Treasury on or before the tenth day of the following month."
The bill was then ordered to third reading.
S. B. 435, Clarifying Consolidated Local Government Act; on second reading, coming up
in regular order, was read a second time.
An amendment, recommended by the Committee on Government Organization , was reported
by the Clerk and adopted, amending the bill on page six, after section one, after line fifty-nine, by
adding thereto section six, article seven, chapter seven-a, in its entirety with the following
strikethrough and underscore amendment, all to read as follows:
"ARTICLE 7. ELECTIONS ON METRO GOVERNMENT.
§7A-7-6. Municipalities within territory remain incorporated in metro government.
Municipalities, other than the principal city, are not automatically consolidated into the metro
government. Upon the approval by voters of metro consolidation, municipalities within the territory
of the metro government, other than the principal city, remain incorporated and continue to perform
their functions as permitted by law unless dissolved or consolidated pursuant to section eight of this
article."
And by amending the enacting section to read as follows:
"That §7A-1-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted;
that §7A-4-1 of said code be amended and reenacted; and that §7A-7-6 of said code be amended and
reenacted, all to read as follows" followed by a colon.
The bill was then ordered to third reading.
Com. Sub. for S. B. 442, Relating to grievance procedures for certain state and educational
employees; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Government Organization, was reported
by the Clerk and adopted, amending the bill on page twenty, after line twenty-one, by inserting a new
subsection, designated subsection (e) to read as follows:
"(e) Any grievance proceeding which is in process on the effective date of the enactment of this article will be completed as expeditiously as possible, and all outstanding orders for hearings
must be completed by the first day of July, two thousand seven. Parties to grievances for which a
hearing has not been held may, by agreement, proceed to either level two or level three."
On page twenty-eight, line one hundred and six, by striking out the words "make them readily
available in the work place by the chief administrator" and inserting in lieu thereof the words
"provide them to chief administrators to make available".
On page twenty-eight, line one hundred and eleven, by striking out the word "either" and
inserting in lieu thereof the word "any".
On page thirty, line one hundred and sixty, after the word "copy" by inserting the words "of
the recording".
On page thirty, line one hundred and sixty-one, after the words "is responsible for" by
inserting the words "paying for and".
On page thirty, line one hundred and sixty-one, after the words "promptly providing a" by
striking out the words "copy of the".
On page thirty, line one hundred and sixty-three, after the word "party" by inserting the words
"or the court".
On page thirty four, line thirty-one, after the words "board shall schedule" by striking out the
word "a" and inserting in lieu thereof the word "the".
On page thirty five, line fifty-four, after the words "board shall schedule" by striking out the
word "a" and inserting in lieu thereof the word "the".
On page thirty-nine, line three, after the word "expenses", by striking out the words ", except
with regard to transcriptions".
On page forty-one, line forty-one, after the words "congressional district" by inserting a
comma and the words "with no more than two members from any one district".
On page forty-six, line seven, after the word "modify" by striking out the words "amend,
repeal and enforce" and inserting in lieu thereof the words "amend and repeal".
On page sixty-seven, line one hundred, by striking out the word "six-a" and inserting in lieu
thereof the word "six-c".
And,
On page sixty-seven, line one hundred and twelve, by striking out the word "six-a" and
inserting in lieu thereof the word "six-c".
On motion of Delegate Morgan, the amendment was amended on page eight, by striking out
section one, article two, chapter five-f, in its entirety and inserting in lieu thereof the following:
"§5F-2-1. Transfer and incorporation of agencies and boards; funds.
(a) The following agencies and boards, including all of the allied, advisory, affiliated or
related entities and funds associated with any agency or board, are incorporated in and administered
as a part of the Department of Administration:
(1) Building Commission provided in article six, chapter five of this code;
(2) Public Employees Insurance Agency and Public Employees Insurance Agency Advisory
Board provided in article sixteen, chapter five of this code;
(3) Governor's Mansion Advisory Committee provided for in article five, chapter five-a of
this code;
(4) Commission on Uniform State Laws provided in article one-a, chapter twenty-nine of this
code;
(5) Education and State West Virginia Public Employees Grievance Board provided for in
article twenty-nine, chapter eighteen of this code and article six-a, chapter twenty-nine three, chapter
six-c of this code;
(6) Board of Risk and Insurance Management provided for in article twelve, chapter twenty-
nine of this code;
(7) Boundary Commission provided in article twenty-three, chapter twenty-nine of this code;
(8) Public Defender Services provided in article twenty-one, chapter twenty-nine of this code;
(9) Division of Personnel provided in article six, chapter twenty-nine of this code;
(10) The West Virginia Ethics Commission provided in article two, chapter six-b of this
code; and
(11) Consolidated Public Retirement Board provided in article ten-d, chapter five of this
code; and
(12) Real Estate Division provided in article ten, chapter five-a of this code.
(b) The following agencies and boards, including all of the allied, advisory, affiliated or
related entities and funds associated with any agency or board, are incorporated in and administered
as a part of the Department of Commerce:
(1) Division of Labor provided in article one, chapter twenty-one of this code, which
includes:
(A) Occupational Safety and Health Review Commission provided in article three-a, chapter
twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety provided in article nine, chapter
twenty-one of this code;
(2) Office of Miners' Health, Safety and Training provided in article one, chapter twenty-two-
a of this code. The following boards are transferred to the Office of Miners' Health, Safety and
Training for purposes of administrative support and liaison with the Office of the Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review
Committee provided in article six, chapter twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification provided in article seven, chapter
twenty-two-a of this code; and
(C) Mine Inspectors' Examining Board provided in article nine, chapter twenty-two-a of this
code;
(3) The West Virginia Development Office, which includes the Division of Tourism and the
Tourism Commission provided in article two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources Commission provided in article
one, chapter twenty of this code;
(5) Division of Forestry provided in article one-a, chapter nineteen of this code;
(6) Geological and Economic Survey provided in article two, chapter twenty-nine of this
code; and
(7) The Bureau of Employment Programs Workforce West Virginia provided in chapter
twenty-one-a of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment Service;
(C) Division of Workforce Development; and
(D) Division of Research, Information and Analysis; and
(8) Division of Energy provided in article two-f, chapter five-b of this code.
(c) The Economic Development Authority provided in article fifteen, chapter thirty-one of
this code is continued as an independent agency within the executive branch.
(d) The Water Development Authority and Board provided in article one, chapter twenty-
two-c of this code is continued as an independent agency within the executive branch.
(e) Workers' Compensation Commission provided in article one, chapter twenty-three of this
code is continued as an independent agency within the executive branch.
(f) (e) The following agencies and boards, including all of the allied, advisory and affiliated
entities, are transferred to the Department of Environmental Protection for purposes of administrative
support and liaison with the Office of the Governor:
(1) Air Quality Board provided in article two, chapter twenty-two-b of this code;
(2) Solid Waste Management Board provided in article three, chapter twenty-two-c of this
code;
(3) Environmental Quality Board, or its successor board, provided in article three, chapter
twenty-two-b of this code;
(4) Surface Mine Board provided in article four, chapter twenty-two-b of this code;
(5) Oil and Gas Inspectors' Examining Board provided in article seven, chapter twenty-two-c
of this code;
(6) Shallow Gas Well Review Board provided in article eight, chapter twenty-two-c of this
code; and
(7) Oil and Gas Conservation Commission provided in article nine, chapter twenty-two-c of
this code.
(g) (f) The following agencies and boards, including all of the allied, advisory, affiliated or
related entities and funds associated with any agency or board, are incorporated in and administered
as a part of the Department of Education and the Arts:
(1) Library Commission provided in article one, chapter ten of this code;
(2) Educational Broadcasting Authority provided in article five, chapter ten of this code;
(3) Division of Culture and History provided in article one, chapter twenty-nine of this code;
(4) Division of Rehabilitation Services provided in section two, article ten-a, chapter eighteen
of this code.
(h) (g) The following agencies and boards, including all of the allied, advisory, affiliated or
related entities and funds associated with any agency or board, are incorporated in and administered
as a part of the Department of Health and Human Resources:
(1) Human Rights Commission provided in article eleven, chapter five of this code;
(2) Division of Human Services provided in article two, chapter nine of this code;
(3) Bureau for Public Health provided in article one, chapter sixteen of this code;
(4) Office of Emergency Medical Services and Advisory Council provided in article four-c,
chapter sixteen of this code;
(5) Health Care Authority provided in article twenty-nine-b, chapter sixteen of this code;
(6) Commission on Mental Retardation provided in article fifteen, chapter twenty-nine of this
code;
(7) Women's Commission provided in article twenty, chapter twenty-nine of this code; and
(8) The Child Support Enforcement Division provided in chapter forty-eight of this code.
(I) (h) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered
as a part of the Department of Military Affairs and Public Safety:
(1) Adjutant General's Department provided in article one-a, chapter fifteen of this code;
(2) Armory Board provided in article six, chapter fifteen of this code;
(3) Military Awards Board provided in article one-g, chapter fifteen of this code;
(4) West Virginia State Police provided in article two, chapter fifteen of this code;
(5) Division of Homeland Security and Emergency Management and Disaster Recovery
Board provided in article five, chapter fifteen of this code and Emergency Response Commission
provided in article five-a of said chapter;
(6) Sheriffs' Bureau provided in article eight, chapter fifteen of this code;
(7) Division of Corrections provided in chapter twenty-five of this code;
(8) Fire Commission provided in article three, chapter twenty-nine of this code;
(9) Regional Jail and Correctional Facility Authority provided in article twenty, chapter
thirty-one of this code;
(10) Board of Probation and Parole provided in article twelve, chapter sixty-two of this code;
and
(11) Division of Veterans' Affairs and Veterans' Council provided in article one, chapter
nine-a of this code.
(j) (I) The following agencies and boards, including all of the allied, advisory, affiliated or
related entities and funds associated with any agency or board, are incorporated in and administered
as a part of the Department of Revenue:
(1) Tax Division provided in article one, chapter eleven of this code;
(2) Racing Commission provided in article twenty-three, chapter nineteen of this code;
(3) Lottery Commission and position of Lottery Director provided in article twenty-two,
chapter twenty-nine of this code;
(4) Agency of Insurance Commissioner provided in article two, chapter thirty-three of this
code;
(5) Office of Alcohol Beverage Control Commissioner provided in article sixteen, chapter
eleven of this code and article two, chapter sixty of this code;
(6) Board of Banking and Financial Institutions provided in article three, chapter thirty-one-a
of this code;
(7) Lending and Credit Rate Board provided in chapter forty-seven-a of this code;
(8) Division of Banking provided in article two, chapter thirty-one-a of this code;
(9) The State Budget Office provided in article two of this chapter;
(10) The Municipal Bond Commission provided in article three, chapter thirteen of this code;
(11) The Office of Tax Appeals provided in article ten-a, chapter eleven of this code; and
(12) The State Athletic Commission provided in article five-a, chapter twenty-nine of this
code.
(k) (j) The following agencies and boards, including all of the allied, advisory, affiliated or
related entities and funds associated with any agency or board, are incorporated in and administered
as a part of the Department of Transportation:
(1) Division of Highways provided in article two-a, chapter seventeen of this code;
(2) Parkways, Economic Development and Tourism Authority provided in article sixteen-a,
chapter seventeen of this code;
(3) Division of Motor Vehicles provided in article two, chapter seventeen-a of this code;
(4) Driver's Licensing Advisory Board provided in article two, chapter seventeen-b of this
code;
(5) Aeronautics Commission provided in article two-a, chapter twenty-nine of this code;
(6) State Rail Authority provided in article eighteen, chapter twenty-nine of this code; and
(7) Port Authority provided in article sixteen-b, chapter seventeen of this code.
(l) (k) Except for powers, authority and duties that have been delegated to the secretaries of
the departments by the provisions of section two of this article, the position of administrator and the
powers, authority and duties of each administrator and agency are not affected by the enactment of
this chapter.
(m) (l) Except for powers, authority and duties that have been delegated to the secretaries of
the departments by the provisions of section two of this article, the existence, powers, authority and
duties of boards and the membership, terms and qualifications of members of the boards are not
affected by the enactment of this chapter. All boards that are appellate bodies or are independent
decisionmakers shall not have their appellate or independent decision-making status affected by the
enactment of this chapter.
(n) (m) Any department previously transferred to and incorporated in a department by prior
enactment of this section means a division of the appropriate department. Wherever reference is
made to any department transferred to and incorporated in a department created in section two,
article one of this chapter, the reference means a division of the appropriate department and any
reference to a division of a department so transferred and incorporated means a section of the
appropriate division of the department.
(o) (n) When an agency, board or commission is transferred under a bureau or agency other
than a department headed by a secretary pursuant to this section, that transfer is solely for purposes
of administrative support and liaison with the Office of the Governor, a department secretary or a
bureau. Nothing in this section extends the powers of department secretaries under section two of
this article to any person other than a department secretary and nothing limits or abridges the
statutory powers and duties of statutory commissioners or officers pursuant to this code."
The question before the House being the amendment by the Committee on Education, as
amended, the same as put and prevailed.
The bill was then ordered to third reading.
S. B. 454, Renaming and restructuring Bureau of Employment Programs; on second reading,
coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Government Organization, was reported
by the Clerk and adopted, amending the bill on page ten, section nine, after line sixty-seven, by
inserting a new subsection (g) to read as follows, "(g) Workforce West Virginia shall maintain an
official website that contains a registry of all business entities approved to do business with the state
and on the same website a separate registry of businesses approved to do business with the
Department of Transportation. The posting must state a disclaimer that the list is not an official list."
On motion of Delegate Morgan the bill was amended on page ten, by striking out section one,
article two, chapter five-f, in its entirety and inserting in lieu thereof the following:
"§5F-2-1. Transfer and incorporation of agencies and boards; funds.
(a) The following agencies and boards, including all of the allied, advisory, affiliated or
related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Administration:
(1) Building Commission provided in article six, chapter five of this code;
(2) Public Employees Insurance Agency and Public Employees Insurance Agency Advisory
Board provided in article sixteen, chapter five of this code;
(3) Governor's Mansion Advisory Committee provided for in article five, chapter five-a of
this code;
(4) Commission on Uniform State Laws provided in article one-a, chapter twenty-nine of this
code;
(5) Education and State West Virginia Public Employees Grievance Board provided for in
article twenty-nine, chapter eighteen of this code and article six-a, chapter twenty-nine three, chapter
six-c of this code;
(6) Board of Risk and Insurance Management provided for in article twelve, chapter twenty-
nine of this code;
(7) Boundary Commission provided in article twenty-three, chapter twenty-nine of this code;
(8) Public Defender Services provided in article twenty-one, chapter twenty-nine of this code;
(9) Division of Personnel provided in article six, chapter twenty-nine of this code;
(10) The West Virginia Ethics Commission provided in article two, chapter six-b of this
code; and
(11) Consolidated Public Retirement Board provided in article ten-d, chapter five of this
code; and
(12) Real Estate Division provided in article ten, chapter five-a of this code.
(b) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered
as a part of the Department of Commerce:
(1) Division of Labor provided in article one, chapter twenty-one of this code, which
includes:
(A) Occupational Safety and Health Review Commission provided in article three-a, chapter
twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety provided in article nine, chapter
twenty-one of this code;
(2) Office of Miners' Health, Safety and Training provided in article one, chapter twenty-two-
a of this code. The following boards are transferred to the Office of Miners' Health, Safety and
Training for purposes of administrative support and liaison with the Office of the Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review
Committee provided in article six, chapter twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification provided in article seven, chapter
twenty-two-a of this code; and
(C) Mine Inspectors' Examining Board provided in article nine, chapter twenty-two-a of this
code;
(3) The West Virginia Development Office, which includes the Division of Tourism and the
Tourism Commission provided in article two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources Commission provided in article
one, chapter twenty of this code;
(5) Division of Forestry provided in article one-a, chapter nineteen of this code;
(6) Geological and Economic Survey provided in article two, chapter twenty-nine of this
code; and
(7) The Bureau of Employment Programs Workforce West Virginia provided in chapter
twenty-one-a of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment Service;
(C) Division of Workforce Development; and
(D) Division of Research, Information and Analysis; and
(8) Division of Energy provided in article two-f, chapter five-b of this code.
(c) The Economic Development Authority provided in article fifteen, chapter thirty-one of
this code is continued as an independent agency within the executive branch.
(d) The Water Development Authority and Board provided in article one, chapter twenty-
two-c of this code is continued as an independent agency within the executive branch.
(e) Workers' Compensation Commission provided in article one, chapter twenty-three of this
code is continued as an independent agency within the executive branch.
(f) (e) The following agencies and boards, including all of the allied, advisory and affiliated
entities, are transferred to the Department of Environmental Protection for purposes of administrative
support and liaison with the Office of the Governor:
(1) Air Quality Board provided in article two, chapter twenty-two-b of this code;
(2) Solid Waste Management Board provided in article three, chapter twenty-two-c of this
code;
(3) Environmental Quality Board, or its successor board, provided in article three, chapter twenty-two-b of this code;
(4) Surface Mine Board provided in article four, chapter twenty-two-b of this code;
(5) Oil and Gas Inspectors' Examining Board provided in article seven, chapter twenty-two-c
of this code;
(6) Shallow Gas Well Review Board provided in article eight, chapter twenty-two-c of this
code; and
(7) Oil and Gas Conservation Commission provided in article nine, chapter twenty-two-c of
this code.
(g) (f) The following agencies and boards, including all of the allied, advisory, affiliated or
related entities and funds associated with any agency or board, are incorporated in and administered
as a part of the Department of Education and the Arts:
(1) Library Commission provided in article one, chapter ten of this code;
(2) Educational Broadcasting Authority provided in article five, chapter ten of this code;
(3) Division of Culture and History provided in article one, chapter twenty-nine of this code;
(4) Division of Rehabilitation Services provided in section two, article ten-a, chapter eighteen
of this code.
(h) (g) The following agencies and boards, including all of the allied, advisory, affiliated or
related entities and funds associated with any agency or board, are incorporated in and administered
as a part of the Department of Health and Human Resources:
(1) Human Rights Commission provided in article eleven, chapter five of this code;
(2) Division of Human Services provided in article two, chapter nine of this code;
(3) Bureau for Public Health provided in article one, chapter sixteen of this code;
(4) Office of Emergency Medical Services and Advisory Council provided in article four-c,
chapter sixteen of this code;
(5) Health Care Authority provided in article twenty-nine-b, chapter sixteen of this code;
(6) Commission on Mental Retardation provided in article fifteen, chapter twenty-nine of this
code;
(7) Women's Commission provided in article twenty, chapter twenty-nine of this code; and
(8) The Child Support Enforcement Division provided in chapter forty-eight of this code.
(I) (h) The following agencies and boards, including all of the allied, advisory, affiliated or
related entities and funds associated with any agency or board, are incorporated in and administered
as a part of the Department of Military Affairs and Public Safety:
(1) Adjutant General's Department provided in article one-a, chapter fifteen of this code;
(2) Armory Board provided in article six, chapter fifteen of this code;
(3) Military Awards Board provided in article one-g, chapter fifteen of this code;
(4) West Virginia State Police provided in article two, chapter fifteen of this code;
(5) Division of Homeland Security and Emergency Management and Disaster Recovery
Board provided in article five, chapter fifteen of this code and Emergency Response Commission
provided in article five-a of said chapter;
(6) Sheriffs' Bureau provided in article eight, chapter fifteen of this code;
(7) Division of Corrections provided in chapter twenty-five of this code;
(8) Fire Commission provided in article three, chapter twenty-nine of this code;
(9) Regional Jail and Correctional Facility Authority provided in article twenty, chapter
thirty-one of this code;
(10) Board of Probation and Parole provided in article twelve, chapter sixty-two of this code;
and
(11) Division of Veterans' Affairs and Veterans' Council provided in article one, chapter
nine-a of this code.
(j) (I) The following agencies and boards, including all of the allied, advisory, affiliated or
related entities and funds associated with any agency or board, are incorporated in and administered
as a part of the Department of Revenue:
(1) Tax Division provided in article one, chapter eleven of this code;
(2) Racing Commission provided in article twenty-three, chapter nineteen of this code;
(3) Lottery Commission and position of Lottery Director provided in article twenty-two,
chapter twenty-nine of this code;
(4) Agency of Insurance Commissioner provided in article two, chapter thirty-three of this
code;
(5) Office of Alcohol Beverage Control Commissioner provided in article sixteen, chapter
eleven of this code and article two, chapter sixty of this code;
(6) Board of Banking and Financial Institutions provided in article three, chapter thirty-one-a
of this code;
(7) Lending and Credit Rate Board provided in chapter forty-seven-a of this code;
(8) Division of Banking provided in article two, chapter thirty-one-a of this code;
(9) The State Budget Office provided in article two of this chapter;
(10) The Municipal Bond Commission provided in article three, chapter thirteen of this code;
(11) The Office of Tax Appeals provided in article ten-a, chapter eleven of this code; and
(12) The State Athletic Commission provided in article five-a, chapter twenty-nine of this
code.
(k) (j) The following agencies and boards, including all of the allied, advisory, affiliated or
related entities and funds associated with any agency or board, are incorporated in and administered
as a part of the Department of Transportation:
(1) Division of Highways provided in article two-a, chapter seventeen of this code;
(2) Parkways, Economic Development and Tourism Authority provided in article sixteen-a,
chapter seventeen of this code;
(3) Division of Motor Vehicles provided in article two, chapter seventeen-a of this code;
(4) Driver's Licensing Advisory Board provided in article two, chapter seventeen-b of this
code;
(5) Aeronautics Commission provided in article two-a, chapter twenty-nine of this code;
(6) State Rail Authority provided in article eighteen, chapter twenty-nine of this code; and
(7) Port Authority provided in article sixteen-b, chapter seventeen of this code.
(l) (k) Except for powers, authority and duties that have been delegated to the secretaries of
the departments by the provisions of section two of this article, the position of administrator and the
powers, authority and duties of each administrator and agency are not affected by the enactment of
this chapter.
(m) (l) Except for powers, authority and duties that have been delegated to the secretaries of
the departments by the provisions of section two of this article, the existence, powers, authority and
duties of boards and the membership, terms and qualifications of members of the boards are not
affected by the enactment of this chapter. All boards that are appellate bodies or are independent decision makers shall not have their appellate or independent decision-making status affected by the
enactment of this chapter.
(n) (m) Any department previously transferred to and incorporated in a department by prior
enactment of this section means a division of the appropriate department. Wherever reference is
made to any department transferred to and incorporated in a department created in section two,
article one of this chapter, the reference means a division of the appropriate department and any
reference to a division of a department so transferred and incorporated means a section of the
appropriate division of the department.
(o) (n) When an agency, board or commission is transferred under a bureau or agency other
than a department headed by a secretary pursuant to this section, that transfer is solely for purposes
of administrative support and liaison with the Office of the Governor, a department secretary or a
bureau. Nothing in this section extends the powers of department secretaries under section two of
this article to any person other than a department secretary and nothing limits or abridges the
statutory powers and duties of statutory commissioners or officers pursuant to this code."
The bill was then ordered to third reading.
Com. Sub. for S. B. 539, Relating to Deputy Sheriff Retirement System; on second reading,
coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and
adopted, amending the bill on page nineteen, section eleven, following line seventeen, by striking
out the remainder of the section and inserting in lieu thereof the following:
"(a) Normal retirement. -- A member whose annuity starting date is the date the member
attains normal retirement age or later is entitled to his or her accrued retirement benefit without adjustment for age at commencement based on years of service and final average salary at
termination of employment. To the extent that a member's starting date is later than his or her
normal retirement age, the amount of that member's retirement income benefit shall be adjusted as
provided in subsection (c) of this section.
(b) Early retirement. -- A member who ceases covered employment and has attained early
retirement age while in covered employment may elect to receive retirement income payments
commencing on the first day of the month coincident with or following the date the member ceases
covered employment. 'Normal retirement age' for such a member is the first day of the calendar
month coincident with or next following the month in which the member attains the age of fifty
years. If the member's annuity starting date is prior to the date the member attains normal retirement
age, his or her accrued benefit is reduced to the actuarial equivalent benefit amount based on the
years and months by which his or her annuity starting date precedes the date he or she attains normal
retirement age. If the member's annuity starting date is later than the date the member attains the age
of fifty years, the accrued benefit is adjusted as provided in subsection (c) of this section.
(c) Late retirement. -- A member whose annuity starting date is later than the date the
member attains normal retirement age shall receive retirement income payments in the normal form
which is the actuarial equivalent of the benefit to which he or she would have been entitled had the
retirement income payments commenced at the member's normal retirement age.
(d) Retirement benefits shall be paid monthly in an amount equal to one twelfth of the
retirement income payments elected and at those times established by the board. Notwithstanding
any other provision of the plan, a member who is married on the annuity starting date will receive
his or her retirement income payments in the form of a sixty-six and two-thirds percent joint and survivor annuity with his or her spouse unless prior to the annuity starting date the spouse waives
the form of benefit."
The bill was then ordered to third reading.
S. B. 540, Providing tax credits for certain utility taxpayers; on second reading, coming up
in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 569, Creating special fuels taxes for deposit in Special Railroad and
Intermodal Enhancement Fund; on second reading, coming up in regular order, was read a second
time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk on
page five, section eighteen-b, following line sixty, by striking out all of subsection (f) and inserting
in lieu thereof the following:
"(f) Dedication of tax to highways. -- (1) All tax collected under the provisions of this
section, after deducting the amount of any refunds lawfully paid, shall be deposited in the Road Fund
in the State Treasurer's office and used only for the purpose of construction, reconstruction,
maintenance and repair of highways and payment of principal and interest on state bonds issued for
highway purposes: Provided, That notwithstanding any provision to the contrary, any tax collected
on the sale of aviation fuel after deducting the amount of any refunds lawfully paid shall be deposited
in the State Treasurer's office and transferred to the State Aeronautical Commission to be used for
the purpose of matching federal funds available for the reconstruction, maintenance and repair of
public airports and airport runways.
(2) Notwithstanding the provisions of subdivision (1) of this subsection or any other
provision of this code to the contrary, up to four million three hundred thousand dollars of all tax collected, annually, under the provisions of this section from the motor fuel excise tax on special
fuels used in railroad locomotives after deducting the amount of any refunds lawfully paid shall be
deposited in the special fund hereby created and established in the State Treasury and designated as
the Special Railroad and Intermodal Enhancement Fund.
(3) The Special Railroad and Intermodal Enhancement Fund shall be administered by the
West Virginia public port authority. The money deposited in the fund shall be used only for the
purpose of construction, reconstruction, maintenance and repair of railways, the construction of
railway related structures and payment of principal and interest on state bonds issued for railway
purposes, as approved by the West Virginia public port authority.
(4) For purposes of administering the deposits required by this subdivision, after the thirty-
first day of December, two thousand seven, from the taxes imposed by this section and paid to the
commissioner on or before the last day of each month pursuant to section nineteen, article fourteen-c
of this chapter, after deduction of the amounts retained under subsection (a) of that section, the tax
commissioner shall pay into the Special Railroad and Intermodal Enhancement Fund an amount
equal to at least three hundred fifty eight thousand three hundred thirty-three dollars and thirty three
cents of each month's receipts that represent the proportionate share of the motor fuel excise tax on
special fuels used in railroad locomotives after deducting the amount of any refunds lawfully paid.
In any month where the proportionate share is less than the amount required to be paid into the
Special Railroad and Intermodal Enhancement Fund, or where the total amount paid in any year will
be less than four million three hundred thousand dollars, the difference shall be paid from amounts
available as represented by the proportionate share in succeeding months until paid in full.
(5) Notwithstanding any other provision of this subsection to the contrary, all provisions of this subsection relating to requiring the deposit of moneys in the Special Railroad and Intermodal
Enhancement Fund shall expire on the thirtieth day of June, two thousand sixteen.
(g) The West Virginia public port authority shall conduct a study relating to the feasibility
of the planning, development, construction and operation of the intermodal facility at Prichard, West
Virginia, to determine whether the same is sustainable."
On motion of Delegates White, Kominar, Stalnaker and Michael, the amendment was then
amended on page one, subsection (f), line13, by striking out the remainder of the amendment.
The Committee amendment, as amended, was then adopted.
On the further motion of the same Gentlemen, the bill was amended on page eight, following
line one hundred twenty-one, by inserting the following:
"ARTICLE 24. CORPORATION NET INCOME TAX.
§11-24-43a. Dedication of tax proceeds to railways.
(a) Beginning the first day of January, two thousand eight, there is hereby dedicated an annual
amount of up to four million three hundred thousand dollars from annual collections of the tax
imposed by this article for the purpose of construction, reconstruction, maintenance and repair of
railways, the construction of railway related structures and payment of principal and interest on state
bonds issued for railway purposes, as approved by the West Virginia public port authority.
(b) For purposes of administering the deposits required by this subdivision, after the thirty-
first day of December, two thousand seven, from the taxes imposed by this section and paid to the
tax commissioner in each quarter of the year, after deducting the amount of any refunds lawfully paid
and any administrative costs authorized by this code, the tax commissioner shall pay into the Special
Railroad and Intermodal Enhancement Fund provided for in section seven-a, article sixteen-b, chapter seventeen of this code an amount equal to at least one million seventy-five thousand dollars.
In any quarter where the collections are less than the amount required to be paid into the Special
Railroad and Intermodal Enhancement Fund, or where the total amount paid in any year will be less
than four million three hundred thousand dollars, the difference shall be paid from amounts available
from collections in succeeding quarters until paid in full. Notwithstanding any provision of this
section to the contrary, the total amount to be deposited into the Special Railroad and Intermodal
Enhancement Fund for the year two thousand sixteen shall not exceed two million one hundred fifty
thousand dollars.
(c) Notwithstanding any provision of this section to the contrary, all provisions of this section
relating to requiring the deposit of moneys in the Special Railroad and Intermodal Enhancement
Fund shall expire at the end of the thirtieth day of June, two thousand sixteen.
CHAPTER 17. ROADS AND HIGHWAYS.
ARTICLE 16B. PUBLIC PORT AUTHORITY.
§17-16B-7a. Special Railroad and Intermodal Enhancement Fund; purposes.
There is hereby established in the State Treasury a Special Railroad and Intermodal
Enhancement Fund, which shall consist of all amounts deposited into the fund pursuant to section
forty-three-a, article twenty-four, chapter eleven of this code. The Special Railroad and Intermodal
Enhancement Fund shall be administered by the West Virginia public port authority. The money
deposited in the fund shall be used only for the purpose of construction, reconstruction, maintenance
and repair of railways, the construction of railway related structures and payment of principal and
interest on state bonds issued for railway purposes, as approved by the West Virginia public port
authority.
§17-16B-7b. Study of feasibility intermodal facility at Prichard, West Virginia.
The West Virginia public port authority shall conduct a study relating to the feasibility of the
planning, development, construction and operation of the intermodal facility at Prichard, West
Virginia, to determine whether the same is sustainable."
And,
By amending the enacting section to read as follows:
"That §11-15-18b of the Code of West Virginia, 1931, as amended, be amended and
reenacted; that said code be further amended by adding thereto a new section, designated §11-24-
43a; and that said code be further amended by adding thereto two new sections, designated §17-16B-
7a and §17-16B-7b, all to read as follows" followed by a colon.
The bill was then ordered to third reading.
Com. Sub. for S. B. 607, Providing elected political party executive committee members'
term of office; on second reading, coming up in regular order, was read a second time and ordered
to third reading.
Com. Sub. for S. B. 610, Relating to electronic voting systems generally; on second reading,
coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 617, Requiring voter history on statewide registration system; on second
reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 618, Relating to filing requirements for write-in candidates'; on second reading, coming
up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 619, Relating to election day procedures and preparation; on second
reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk
and adopted, amending the bill on page seven, section thirty-four, line one hundred five after the
word "in" by striking out the words, "section five-e, article three of this chapter" and inserting in lieu
thereof the words "subsection (e), section five, article three of this chapter
"
The bill was then ordered to third reading.
S. B. 754, Clarifying restrictions on certain political contributions from political committees;
on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk
and adopted, amending the bill on page two, following the enacting section, by striking out the
remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.
§3-8-9. Lawful and unlawful election expenses; public opinion polls and limiting their
purposes; limitation upon expenses; use of advertising agencies and reporting
requirements; delegation of expenditures.
(a) No candidate, financial agent or treasurer of a political party committee shall pay, give
or lend, either directly or indirectly, any money or other thing of value for any election expenses,
except for the following purposes:
(1) For rent, maintenance, office equipment and other furnishing of offices to be used as
political headquarters and for the payment of necessary clerks, stenographers, typists, janitors and
messengers actually employed therein;
(2) In the case of a candidate who does not maintain a headquarters, for reasonable office
expenses, including, but not limited to, filing cabinets and other office equipment and furnishings, computers, computer hardware and software, scanners, typewriters, calculators, audio visual
equipment, the rental of the use of the same, or for the payment for the shared use of same with the
candidate's business and for the payment of necessary clerks, stenographers and typists actually
employed;
(3) For printing and distributing books, pamphlets, circulars and other printed matter and
radio and television broadcasting and painting, printing and posting signs, banners and other
advertisements, including contributions to charitable, educational or cultural events, for the
promotion of the candidate, the candidate's name or an issue on the ballot;
(4) For renting and decorating halls for public meetings and political conventions, for
advertising public meetings and for the payment of traveling expenses of speakers and musicians at
such meetings;
(5) For the necessary traveling and hotel expenses of candidates, political agents and
committees and for stationery, postage, telegrams, telephone, express, freight and public messenger
service;
(6) For preparing, circulating and filing petitions for nomination of candidates;
(7) For examining the lists of registered voters, securing copies thereof, investigating the
right to vote of the persons listed therein and conducting proceedings to prevent unlawful registration
or voting;
(8) For conveying voters to and from the polls;
(9) For securing publication in newspapers and by radio and television broadcasting of
documents, articles, speeches, arguments and any information relating to any political issue,
candidate or question or proposition submitted to a vote;
(10) For conducting public opinion poll or polls. For the purpose of this section, the phrase
'conducting of public opinion poll or polls' shall mean and be limited to the gathering, collection,
collation and evaluation of information reflecting public opinion, needs and preferences as to any
candidate, group of candidates, party, issue or issues. No such poll shall be deceptively designed or
intentionally conducted in a manner calculated to advocate the election or defeat of any candidate
or group of candidates or calculated to influence any person or persons so polled to vote for or
against any candidate, group of candidates, proposition or other matter to be voted on by the public
at any election: Provided, That nothing herein shall prevent the use of the results of any such poll
or polls to further, promote or enhance the election of any candidate or group of candidates or the
approval or defeat of any proposition or other matter to be voted on by the public at any election;
(11) For legitimate advertising agency services, including commissions, in connection with
any campaign activity for which payment is authorized by subdivisions (3), (4), (5), (6), (7), (9) and
(10) of this subsection;
(12) For the purchase of memorials, flowers or citations by political party executive
committees or political action committees representing a political party;
(13) For the purchase of nominal noncash expressions of appreciation following the close
of the polls of an election or within thirty days thereafter;
(14) For the payment of dues or subscriptions to any national, state or local committee of any
political party; and
(15) For contributions to a county party executive committee, state party executive committee
or a state party legislative caucus political committee; and
(16) For contributions to a candidate committee: Provided, That a candidate committee may not contribute to another candidate committee except as otherwise provided by section ten of this
article.
(b) A political action committee may not contribute to another political action committee or
receive contributions from another political action committee: Provided, That a political action
committee may receive contributions from its national affiliate, if any.
(b) (c) Every liability incurred and payment made shall be at a rate and for a total amount
which is proper and reasonable and fairly commensurate with for the fair market value of the
services rendered.
(c) (d) Every advertising agency subject to the provisions of this article shall file, in the
manner and form required by section five-a of this article, the financial statements required by
section five of this article at the times required therein and include therein, in itemized detail, all
receipts from and expenditures made on behalf of a candidate, financial agent or treasurer of a
political party committee.
(d) (e) Any candidate may designate a financial agent by a writing duly subscribed by him
which shall be in such form and filed in accordance with the provisions of section four of this
article."
The bill was then ordered to third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for S. B. 460, Providing notice to Division of Natural Resources, Division of
Forestry and state forest superintendent relating to oil and gas access roads,
S. B. 490, Relating to Underground Storage Tank Insurance Fund,
S. B. 573, Creating programs to monitor physicians, podiatrists and physician assistants who
are recovering substance abusers,
S. B. 588, Removing tax expiration date on manufacturing or production of synthetic fuel
from coal,
S. B. 615, Authorizing certain municipalities to enter into contracts for electric power
purchase,
And,
S. B. 708, Modifying registration requirements of charities.
At 2:17 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 5:30
p.m., and reconvened at that time.
* * * * * * * * * * * *
Evening Session
* * * * * * * * * * * *
At the request of Delegate DeLong, and by unanimous consent, the House of Delegates
returned to the Third Order of Business for the purpose of receiving committee reports.
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. 100, Requiring local school boards reimburse mileage to school service
personnel using own vehicle,
S. B. 204, Assessing cost of petit juries in magistrate court,
S. B. 505, Relating to State Police Death, Disability and Retirement Fund,
And,
Com. Sub. for S. B. 599, Eliminating early resignation notification bonus for certain
teachers,
And reports the same back, with amendment, with the recommendation that they each do
pass, as amended.
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:
Com. Sub. for S. B. 69, Authorizing electronically transmitted prescription orders,
And,
S. B. 388, Relating to medical support provisions in child support orders,
And reports the same back, with amendment, with the recommendation that they each do
pass, as amended, and with the recommendation that second reference of the bills to the Committee
on the Judiciary be dispensed with.
In the absence of objection, reference of the bills (Com. Sub. for S. B. 69 and S. B. 388) to
the Committee on the Judiciary was abrogated.
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. 541, Relating to public school finance,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 541) was
referred to the Committee on Finance.
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. 447, Regulating opioid treatment centers,
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 the Judiciary.
In accordance with the former direction of the Speaker, the bill (S. B. 447) was referred to
the Committee on the Judiciary.
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. 67, Relating to school access safety generally,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 67) 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:
Com. Sub. for S. B. 175, Creating Clandestine Drug Laboratory Remediation Act,
And,
S. B. 568, Requiring automobile insurers reduce premium charges for persons fifty years of
age or older,
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. 319, Authorizing miscellaneous boards and agencies promulgate
legislative rules,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
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. 712, Relating to wine regulations,
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 the
Judiciary be dispensed with.
In the absence of objection, reference of the bill (S. B. 712) to the Committee on the Judiciary
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. 203,Creating Purchasing Improvement Fund,
S. B. 465, Establishing Dam Safety Rehabilitation Revolving Fund,
S. B. 528, Depositing certain pesticide license fees into Pesticide Control Fund,
S. B. 593, Making supplemental appropriation to Board of Pharmacy,
And,
S. B. 678, Eliminating certain taxes for production and severance of coalbed methane,
And reports the same back with the recommendation that they each do pass.
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. 589, Expanding powers and duties of Director of Personnel,
And reports the same back, with amendment, with the recommendation that it 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:
S. B. 748, Relating to structuring Electronic Telecommunications Open Infrastructure Act,
And reports the same back, with amendment, with the recommendation that it 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:
S.B. 746, Requiring Director of Division of Personnel report on centralized personnel system,
And reports the same back with the recommendation that it do pass.
On motions for leave, resolutions were introduced (Originating in the Committee on
Government Organization and reported with the recommendation that they each be adopted), which
were read by their titles, as follows:
By Delegates Morgan, Martin, Argento, Beach, Cann, Caputo, Eldridge, Hartman,
Hatfield, Hutchins, Michael, Palumbo, D. Poling, Staggers, Swartzmiller, Talbott,
Williams, Andes, Canterbury, Cowles, C. Miller, Porter, Rowan and Schoen:
H. C. R 70 - "Requesting the Joint Committee on Government and Finance to study the
necessity for additional public defender corporations for the delivery of indigent defense services."
Whereas, The Legislature has long recognized that providing public defender services is
a constitutional mandate for the representation of criminal defendants and for the protection of due
process in a just society; and
Whereas, Counties with limited resources to provide public defender services may need
additional support in providing these essential services; and
Whereas, While Public Defender Corporations may be created as provided for in current
law, there may be a need for enhanced or alternative methods of providing these services; therefore
be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the need
for additional public defender corporations with respect to the delivery of indigent defense services
generally; and, be it
Further Resolved, That the Public Defender Services, the Prosecuting Attorneys Institute, the
Department of Administration, the Supreme Court of Appeals and the Governor's Office, cooperate
in the study of the need for additional public defender corporations with respect to the delivery of
indigent defense services generally; 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.
And,
By Delegates Morgan, Martin, Argento, Beach, Cann, Caputo, Eldridge, Hartman,
Hutchins, Michael, Palumbo, D. Poling, Staggers, Swartzmiller, Talbott, Williams,
Andes, Canterbury, Cowles, Porter, Rowan and Schoen:
H. C. R. 71 - "Requesting the Joint Committee on Government and Finance study the effects
of requiring the approval of the Secretary of the Department of Health and Human Resources of
proposed rules of local boards of health."
Whereas, Local Boards of Health are each granted autonomous powers and are thus
authorized to adopt and promulgate rules that are necessary and proper for the protection of the general health of their individual service areas; and
Whereas, While regional differences are recognized by the Legislature through the
authorization to adopt rules independently, there may arise situations and circumstances that are not
unique to any one Local Board of Health service area; and
Whereas, The Secretary of the Department of Health and Human Resources may know or
have cause to know of similar situations and circumstances where the adoption and promulgation
of similar rules and policies may be appropriate to protect the public health; therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the effects
of requiring the approval of the Secretary of the Department of Health and Human Resources of
proposed rules of local boards of health; and, be it
Further Resolved, That the Joint Committee on Government 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.
In the absence of objection, the Speaker referred the resolutions (H. C. R. 70 and H. C. R.
71) to the Committee on Rules.
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. 582,Creating Real Estate Division in Department of Administration,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates
and the passage, as amended, of
Com. Sub. for S. B. 276, Authorizing Department of Military Affairs and Public Safety
promulgate legislative rules.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates
and the passage, as amended, of
Com. Sub. for S. B. 314, Authorizing Department of Education and the Arts promulgate
legislative rules.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates
and the passage, as amended, of
S. B. 626, Relating to child advocacy centers.
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. 758 - "A Bill supplementing, amending, reducing and increasing items of the existing appropriations from federal funds to the Department of Health and Human Resources - Division of
Human Services, fund 8722, fiscal year 2007, organization 0511, by supplementing and amending
the appropriations for the fiscal year ending 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 and requested the concurrence
of the House of Delegates in the passage, of
S. B. 759 - "A Bill making a supplementary appropriation from the balance of moneys
remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand seven,
to the Department of Health and Human Resources - Division of Health - Hospital Services Revenue
Account, fund 5156, fiscal year 2007, organization 0506, to the Department of Health and Human
Resources - Division of Health - West Virginia Birth-to-Three Fund, fund 5214, fiscal year 2007,
organization 0506, and to Miscellaneous Boards and Commissions - West Virginia Board of
Examiners for Registered Professional Nurses, fund 8520, fiscal year 2007, organization 0907, by
supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June,
two thousand seven"; which was referred to the Committee on Finance.
Leaves of Absence
At the request of Delegate DeLong, and by unanimous consent, leave of absence for the day
was granted Delegate Tucker.
At 5:59 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, March 6, 2006.