Part Page

Amendment forms IX 152-165

Appropriation bills:

General law II 53

Supplemental (examples) V 110-120

Bill form (general) I 3-4

Bill, parts of I 2

Bill titles and enacting sections III 61-87

Capitalization II 16-17

Citation to federal authorities II 56-57

Constitutional amendment forms VII 131-142

Dates and numbers II 22-23

Drafting:

General rules I 7-11

Information sources II 55

Preliminary steps I 13

Explanatory notes I 10-12

Information sources for bill drafters II 55

Local and special act forms IV 89-108

Penalties II 48

Preferred words and phrases II 28-32

Provisos II 49

Punctuation II 24; 43

Resolutions:

Concurrent VI 121-127

Joint VII 129-142

Simple VIII 143-149

Rules II 50-51

Special Revenue Accounts II 58-59

Spelling II 18-19

Staggered terms of office II 54

Statutory construction:

General rules II 35-38

Code sections I 9-10

Strike-throughs, correct use II 39-44

Style and grammar rules II 25-27

Subsections and subdivisions II 45-47

Use of agency and subdivision names II 52

Word processing format of bill I 5-6

Words frequently confused II 20-21

(Heading) (Introduced January 9, 1996; referred to the

Committee on the Judiciary.)

(Title) A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §24B-1-1, §24B-1-2, §24B-1-3, §24B-1-4 and §24B-1-5; §24B-2-1, §24B-2-2, §24B-2-3 and §24B-2-4; and §24B-3-1, §24B-3-2 and §24B-3-3, all relating to. . .

(Enacting Clause) Be it enacted by the Legislature of West Virginia:

(Enacting Section) That the code of West Virginia, 1931, as amended, be amended by adding thereto a new chapter, designated §24B-1-1, §24B-1-2, §24B-1-3, §24B-1-4 and §24B-1-5; §24B-2-1, §24B-2-2, §24B-2-3 and §24B-2-4; and §24B-3-1, §24B-3-2 and §24B-3-3, all to read as follows:

(Chapter)

(Article) ARTICLE 1. PURPOSE AND DEFINITIONS.

(Section) §24B-1-1. Purpose.

(Body of Bill) It is hereby declared to be the purpose. . .

(Explanatory Note) NOTE: The purpose of this bill is to authorize the . . . .

Strike-throughs indicate language that would be . . .

A BILL to amend and reenact §9A-5A-12a of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17-3-11, all relating to . . . .

Be it enacted by the Legislature of West Virginia:

That §9A-5A-12a of the code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §17-3-11, all to read as follows:

ARTICLE 5A. PUBLIC ASSISTANCE AND MEDICAL SERVICES TO THE MEDICALLY INDIGENT.

§9A-5A-12a. Amount and payment of grant; notification to commissioner of motor vehicle of grants made to blind persons.

(a) When the state department approves an application for public assistance it shall fix the amount of the monthly grant . . . .

(b) After the first day of July, one thousand nine hundred seventy, it shall be the duty of the commissioner of . . . .

ARTICLE 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.

§17-3-11. Mandatory revocation of license of certain blind persons.

The department shall forthwith revoke the license of any operator or chauffeur upon receipt of certification by the. . . .

(a) The operator or chauffeur. . . .

NOTE: This bill provides. . . .

The top margin is 1". The bottom margin is .5"

The left and right margins are 1".

The bill is double spaced, except for the Explanatory Note which is single spaced.

Full justification is used, except where specifically provided otherwise.

Courier New, 12 point is the font that is used. It is also the font that should be used for line numbering and page numbering.

Page numbers begin on the first page and are centered at the bottom of each page.

Line numbering should begin at the top of the first page of the bill. Line numbers should be 0.900" from the left margin, set to restart on each page and to number blank lines.

The first line of the Title begins at the left margin and on line 10. The following lines of the Title are indented 5 spaces, using a hanging indent (WordPerfect keys - Control and F7) so that they line-up with the last "L" in BILL.

The Enacting Clause begins at the left margin and is italicized.

The Enacting Section begins with a 5 space tab from the left margin.

Chapter numbers and names, if included in a bill, are centered. There are two spaces between the period after the chapter number and the chapter name. All letters are capitalized and bold faced.

Article numbers and names begin at the left margin. There are two spaces between the period after the article number and the article name. If the article heading takes more than one line the additional lines are indented so that they are flush with the third letter of the article heading. All letters are capitalized and bold faced.

Example:

ARTICLE 21. THIS IS AN EXAMPLE OF AN ARTICLE HEADING THAT TAKES MORE THAN ONE LINE.

Section numbers and headings begin at the left margin. There is no space between the section symbol, §, and the chapter number.

Example:

§21-1-1. Relating to cats and dogs.

There are two spaces between the period after the section number and the section heading. If the section heading takes more than one line the additional lines are indented so that they are flush with the third letter of the section heading. The first word of a section heading is capitalized but the rest of the text in the section heading is lower cased, except where the rules of capitalization require otherwise.

Example:

§21-1-1. This is an example of a section heading that takes more than one line.

In the body of the bill each paragraph begins with a 5 space tab from the left margin.

Line numbering is turned off after the main text of the bill. The Explanatory Note begins with a 5 space tab from the left margin, is single spaced and its lines are not numbered. Each paragraph in the Explanatory Note begins with a 5 space tab from the left margin.

Before the drafter proceeds to the suggested drafting guidelines, the following rules are suggested for study. Insofar as possible, perhaps, a general knowledge of the substance should be committed to memory:

I. BILL TITLES.

In view of Section 30, Article VI of the West Virginia Constitution and various decisions of the West Virginia Supreme Court of Appeals concerning the constitutional provision, the title of a legislative bill is of critical importance. Particular care should be taken in the drafting of a title. Consider the following:

1. If a bill is to amend and reenact a statutory provision and the titles of former acts relating to the same statutory provision are sufficient, then only the new matter or change proposed by the bill need be reflected in the title. In that situation, a court, in determining whether the bill is insufficient, may look not only to the title of the bill but also to the titles of former acts which enacted or reenacted the statutory provision and if, when all of the titles are read together, the object is sufficiently stated, the court will uphold the title. This rule is not applicable when a bill repeals and enacts anew where only the title of the bill may be considered. Because it takes less time to prepare a title to cover the bill without regard to former titles than it does to locate and analyze the adequacy of former titles, each title should be prepared so that it can stand alone.

2. A title should not be an index to or an abstract of the content of the bill. Consequently, generality of wording is not objectionable if the statement of the subject of the legislation is not so general as to be meaningless or deceptive.

3. Notwithstanding the general principles recognized in paragraph 2, the nature, scope and consequences of a bill should be included in the title.

4. Consistent with the general principles outlined in paragraph 2, it should be remembered that a title may limit the scope of the bill, but it cannot broaden or extend the effect of the bill as expressed in the body of the bill.

5. There should be some reference in the title to provisions which have far-reaching implications. For example, it is essential that the title contain references to criminal offenses and penalties and it should contain references to the suspension or revocation of a license or other right, privilege, etc., the exercise of the right of eminent domain, the right of immediate entry, the removal of one from office, the imposition of civil penalties, etc.

6. A title should be written with regard to the above principles and not by simply copying into the title the wording of the section caption or captions contained in the body of the bill, because a section caption is not a part of the statute and is often misleading or quite incomplete when analyzed in light of the principles governing the adequacy of a title.

7. It is essential that a title be in proper grammatical form. The lead words are "relating to . . . ." Care should also be given to whether the various phrases are to be separated by semicolons because only when the right punctuation is used can the bill title be read with clarity of meaning.

II. ENACTING CLAUSE.

The enacting clause is provided in Section 1, Article VI of the West Virginia Constitution and is:

Be it enacted by the Legislature of West Virginia:

III. ENACTING SECTION.

The enacting section of bills follows the provisions of the title and necessarily varies from bill to bill. (Part III, p. 61).

IV. CHAPTER HEADINGS.

Chapter headings are not included in bills except where: (1) More than one chapter is amended; (2) adding a new chapter; or (3) the chapter heading is amended.

V. ARTICLE HEADINGS.

Article headings are set forth in all bills.

VI. SECTION NUMBERING AND HEADINGS.

Section numbers and headings are set forth in all bills. In bills amending the code, numbers of sections will follow the numbering form set forth in the code. Example: §1-2-3 designates Chapter 1, Article 2, Section 3. If a new section is to be added, the new number normally will follow in logical sequence at the proper place of insertion in the code. Should the new section need to be added between existing sections as between §1-2-3 and §1-2-4, the new section would be numbered §1-2-3a.

In Local or Special Acts, the section number does not refer to a chapter or article as in bills amending the code (see Part IV p. 89); therefore, section numbers appear as §1, §2, etc. In amendments to existing sections of Local or Special Acts, section numbers shall be the same as those of the existing Local or Special Acts and logical sequence of numbering shall be followed.

Where a section heading starts with the word "Same" and the language which the word intends to convey has not been set forth in the bill in a previous section, the substituted language should be set forth in its entirety and the word "Same" eliminated. In subsequent sections, however, the above rule need not be followed since the meaning of the word "Same" has been established.

VII. BODY OF BILL.

For questions arising here, it is suggested that the drafter consult the Index to this manual.

VIII. CONSTITUTIONALITY OF BILLS.

If a bill drafter questions the constitutionality of a bill request or bill draft, he or she shall notify the person(s) who requested the draft. If the legislator(s) disagrees with the drafter, or wants the bill introduced regardless of constitutional questions, the drafter shall complete the draft. Of course the drafter shall make every effort to eliminate constitutional problems.

IX. LOCAL OR SPECIAL ACTS.

A Local or Special Act is an act of the Legislature confined to a specific area of the state. It is not a part of the code but is confined to the continuous records of the Acts of the West Virginia Legislature. Section 39, Article VI of the West Virginia Constitution contains specific enumeration of items to be covered by general laws as opposed to Local or Special Acts.

X. RESOLUTIONS.

Consult Index.

XI. SEVERABILITY CLAUSE.

The drafter does not have to add a severability clause to new sections, articles or chapters. A general severability clause which applies to all sections, articles and chapters in the code is found in WV §2-2-10(cc). If the bill contains sections that must remain for the rest of the bill to remain, a nonseverability clause may be added to the bill.

XII. EXPLANATORY NOTE.

A brief single-spaced note of explanation shall be set forth at the end of each bill except the budget bill and supplementary appropriation bills in the following form:

NOTE: The purpose of this bill is to authorize the Secretary of the Department of Administration . . . .

Normal capitalization of words is used in explanatory notes.

Ordinarily, this note will be typed at the bottom of the last page of a bill, and extra space will be left between the end of the bill and the note.

The extra space between the end of the bill and the note may be eliminated if necessary to prevent carrying the note to an additional page.

The content of the note shall include an explanation of the purpose of the bill. It shall also include a brief statement of the substantive changes the bill will make.

If a section, subsection or subdivision is merely renumbered or relettered, this fact shall be noted.

If a bill contains long and complicated renumbering or relettering, a cross-reference table should be included to identify the old sections with the new sections.

To eliminate confusion that may be caused by the absence of underscoring and strike-throughs in a new section, new article or new chapter, a special comment in the note shall be made.

Examples of these special comments are as follows:

If the bill provides for a new article, the following statement is sufficient: "This is a new article; therefore, underscoring and strike-throughs have been omitted."

A similar statement shall be used for a new chapter.

If the bill provides only new sections, the following statement shall be used: "All sections in this bill are new; therefore, underscoring and strike-throughs have been omitted."

If the bill provides for a new section or sections, in addition to amendment of existing sections, the new sections shall be listed by number. For example, "§§1-1-2, 3 and 4 are new; therefore, underscoring and strike-throughs have been omitted."

These special comments are additions to the regular explanatory note.

An explanatory note shall be added to joint resolutions.

• "Chapter . . . . (article) (section) is new; therefore, underscoring and strike-throughs have been omitted."
• "Chapter . . . . (article) has been completely rewritten; therefore, underscoring and strike-throughs have been omitted." Paragraph to be added where applicable. This paragraph is usually not to be used for single sections since these will show strike-throughs and underscoring even in complete rewrites.
• "Chapter . . . . has been amended as to its heading; therefore, the name of the chapter is included in this bill."
• "Cost of implementation of this legislation is $_________." Paragraph to be added where actual cost of the proposed bill or resolution is spelled out in body of bill as in the case of salary of department head, thus eliminating need for fiscal note.
• "Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added." This paragraph is added to all bills in which strike-throughs and underscoring are used. In joint resolutions the word "law" should be replaced by the word "constitution."

The drafter should follow these steps generally in the order listed:

(1) Determine the object of the bill and how the legislator wants it prepared. If the drafting request form is not clear, contact the legislator promptly for clarification;

(2) Check the pertinent statute, depending upon whether the amendment is an existing section, article or chapter;

(3) Check all statutes on the subject to see if a similar or related statute is in effect;

(4) Check the supplement to the code for recent amendments;

(5) Check code annotations;

(6) Check legislative acts that may have been passed since the supplement was issued;

(7) Check Senate and House Journals and the Central Bill Drafting Index to see if proposed legislation has been introduced in previous sessions. If so, it can be revised in much less time than it takes to write a new bill. If a drafter uses a draft prepared outside of Central Bill Drafting or a bill from a prior session, he or she should always check for changes in the law and make dates appearing in the draft current;

(8) Check the constitutions (WV and US);

(9) If proposed legislation indicates the need for a new section, article or chapter, determine the appropriate place in the code for it.

Very few words are capitalized in bills. When in doubt, do not capitalize. In definitions where a quoted term starts a sentence, capitalize only the first word of the quoted term, unless the term is a proper name, i.e.,

"Unusual purchase or addition"

"West Virginia University"

Examples of capitalization are set forth below:

Andrew S. Rowan Memorial Home

Anthony Center

City of Charleston

Class II city

Congress

Glenville State College

God

Hopemont State Hospital

House of Delegates

House of Representatives

Internal Revenue Code of 1986

internal revenue service

(federal acts capitalized; federal agencies lower case)

Kanawha County

Kanawha River

Labor Day

Legislature

March

Monday

Part I

Pipestem State Park

Section heading - word following "Same"

Senate

Schedule II drugs

State Route No. 10

Title 23, U.S.C.

two hundred degrees Fahrenheit

United States of America

U. S. Route No. 21

West Virginia Hospital Association

West Virginia State Bar

West Virginia University

Weston State Hospital

World War II

These limitations on the use of capitalization do not apply to resolutions where ordinary capitalization is used. For guidance in resolutions as to capitalization, consult the Acts.

The official reference for spelling, use of hyphens, etc., is Webster's Tenth International Dictionary. For the drafter's convenience, however, listed below are some of the most frequently misspelled words:

affect - always a verb; applies to a stimulus strong enough to bring about a reaction or some modification.

Synonyms: Influence, impress, sway.

Example: Rain affects crops.

effect - as a verb means to cause to come into being.

Synonyms: Cause, induce, do, accomplish, execute, achieve.

Example: Routine maintenance of state roads is effected during the summer.

effect - as a noun means something that is produced by an agent or cause.

Synonyms: Result, consequence, outcome.

Example: Rules have the effect of law.

biannual - twice a year.

biennial - once every two years.

capital - city; money or assets; first rate.

capitol - statehouse.

council - a group.

counsel - advice, advisor, attorney; to advise.

ensure - to make certain

insure - to protect against loss

farther - actual distance.

further - additional; more advanced.

interstate - between states

intrastate - within one state

marital - pertaining to marriage

martial - military

practicable - workable

practical - useful

principal - head of a school; also the main one of several things.

principle - rule of conduct; main fact of law.

sanatorium - an establishment for treating a particular disease.

sanitarian - one who is especially versed in sanitary measures.

sanitarium - health resort.

stationary - in a fixed position.

stationery - paper.

therefor - in place of; for that; for it.

therefore - conclusion; consequently; hence.

In bills, dates generally are spelled out. Several exceptions are as follows:

(1) Internal Revenue Code of 1986;

(2) Title II U.S.C. §401 (being section 81 of the act of Congress entitled "An Act to establish a uniform system of bankruptcy throughout the United States," approved July 1, 1898, as amended);

(3) In forms set forth in statutes, numerals are used in connection with blank lines, such as "Given under my hand this ____ day of ____, 20____."

The usual form of a date is: ". . . the first day of January, one thousand nine hundred seventy-seven, . . . ." It is not "January first, one thousand nine hundred and seventy-seven, . . . ."

In bills numbers generally are spelled out. See (2) above for an exception. An additional exception would be numbers in tables, such as an unemployment compensation benefit table.

Joint resolutions follow the form of bills for dates and numbers in the body of the Constitution.

Concurrent resolutions and simple resolutions are not subject to the same degree of formality relative to dates and numbers as are bills and joint resolutions. In concurrent resolutions and simple resolutions it is permissible to write both dates (day and year) and numbers (10 and above) in numerals without spelling them out unless the resolution, such as a memorial resolution, indicates a need for more form and dignity.

Some examples of proper dates and numbers for concurrent resolutions and simple resolutions are as follows:

(1) The regular session of the Legislature, 1970;

(2) The second extraordinary session of the Legislature, 1968;

(3) Five members of the Senate;

(4) 10 members of the House of Delegates;

(5) The committee shall report in 30 days;

(6) 58th Legislature;

(7) Senate Concurrent Resolution No. 1. (exception);

(8) $350 per diem, not to exceed $2500; and

(9) $10 million.

Usually a bill requires little punctuation. Short simple sentences avoid the need for excessive punctuation and prevent possible misinterpretation.

Use commas sparingly.

Omit the comma before the conjunction within a series of words, phrases or clauses as "men, women and children." The exception is in a series of fairly long clauses when a comma before "or" or "and" may be used to keep the thoughts separate.

Common phrases set off by commas include:

(l) Including, but not limited to,

(2) , in whole or in part,

(3) guilty of a felony and, upon conviction thereof,

When a sentence is divided into two or more long and complex independent clauses, either of which requires several commas, use a semicolon to separate the two independent clauses. However, it is preferable and usually provides a clearer understanding of the law if two sentences are used instead.

Do not use a colon in the body of a bill except for the purpose of introducing a series or preceding a proviso. The first word of a series is capitalized. The series should be separated by semicolons.

1. Consistency

a. Don't use different words to denote the same thing.

b. Don't use the same words to denote different things.

c. Use the same words and phrases in a new section or new article or in an amendment to a section or article that are already used in other parts of the section, article or chapter.

Example:  If "spouse" is used, do not change the reference in your bill to "widow or widower." If several notices are to be sent by "registered mail," do not change the reference in your bill to "certified mail."

d. Use the same grammatical form in a series.

Example: Gerunds - selling, advertising, marketing, etc.

Infinitives - to sell, to advertise, to market, etc.

e. Use parallel construction. This ensures that all items in a series relate to the initial phrase.

Example: The commissioner shall:

(1) Report to . . . .

(2) Advise the . . . .

(3) Supervise the . . . .

INCORRECT: (4) The commissioner shall regulate . . . .

2. Brevity

Brevity is good but don't overdo and arrive at confusion.

3. Sentences

Sentences should be short and express only a single thought. Clarity is better than appearance.

4. Order

State circumstances first; then, the law; and at the end, the exceptions. Short exceptions may be stated first. Avoid unwieldy circumstances--make a list where necessary.

5. Tense

Avoid future tense (will be paid) and future perfect tense (will have been paid). Use present tense (is paid).

6. Imperative and Permissive Construction

a. Whenever possible, use the word "shall" only in an imperative or mandatory sense and "may" in a permissive sense. Where a right, privilege or power is conferred, "may" should be used. However, when a statute directs that a thing "may" be done in one manner, it ordinarily implies that it may not be done in any other manner.

b. The drafter should avoid using the "false imperative". The word "shall" should not be used to state a legal result or fact.

CORRECT The term "commission" means the water commission.

INCORRECT The term "commission" shall mean the water commission.

CORRECT A person who violates this section is guilty of a misdemeanor.

INCORRECT A person who violates this section shall be guilty of a misdemeanor.

c. Do not use the word "shall" to confer a right because

that implies a duty to enjoy the right.

CORRECT His or her annual salary is twenty-one thousand dollars.

INCORRECT He or she shall receive an annual salary of twenty-one thousand dollars.

• Do not use a negative subject with an affirmative "shall". As explained by Professor Reed Dickerson, "Literally, 'No person shall . . . .' means that no person is required to act. So read, it negates the obligation, but not the permission, to act. On the other hand, 'No person may . . . .' negates also the permission and is, therefor the stronger prohibition."

7. Definitions

Say "means"; not "shall mean."

8. Voice

Use active (when the commissioner submits the report) rather than passive voice (when the report is submitted by the commissioner).

9. Person

Use third person.

10. Singular--Plural

Use singular and not plural.

11. Gender

Use masculine/feminine gender. Ex. he or she; him or her

12. Directness

Use positive rather than negative.

13. Punctuation

Be consistent and pair commas. Use "( )" only when absolutely necessary.

14. Capitalization

Under capitalize rather than over capitalize.

15. Pairs

a. Avoid using pairs with the same effect.

Example: "Null and void", "sole and exclusive", "each and all", "full and complete". "order and direct", "over and above" and "rules and regulations."

b. Avoid using pairs with the lesser included.

Example: "Any and all", "means and includes", "authorized and directed."

16. Abbreviations

Avoid abbreviations except a.m. and p.m.

17. Avoid surplusage.

Example: "Actual sighting of . . . " "Actual" is surplusage.

18. Clarity

State who is required to take an action.

CORRECT: The commissioner shall submit a report to

INCORRECT: A report shall be submitted to

The following words and phrases indicate a preferred usage:

Possessives Frequently Confused

If the plural ends in -s, add an apostrophe.

If the plural does not end in -s, add -'s.

Examples

anyone's property

children's welfare

clerk's office

clerks' offices

workers' compensation

1. Boldface should mean boldface.

2. Repeal only. Do not repeal and subsequently amend and reenact the same section or reintroduce it as a new section.

3. Amend and reenact existing code, whether redesignating sections or changing subject matter completely.

4. Textual references should conform to new enactments, e.g., division of motor vehicles, department of health and human resources, etc.

5. In titles, if two or more sections are addressed, the language is "all relating to." If only one section is addressed, omit the word "all."

6. In enacting sections, if two or more sections are addressed, the language is "all to read as follows:" If only one section is addressed, omit the word "all."

7. In instances where there are two or more chapters or articles, the proper chapter or article heading should be inserted preceding the initial article heading or section caption of that chapter or article.

8. Be certain of order of references - section, article, chapter -- within the text.

9. Levels of division:

section

subsection

subdivision

paragraph

subparagraph

clause

10. If a section is divided and the division commences immediately following the section heading, the divided parts are referred to as "subsections." If there is an introductory paragraph following the section heading, the divided parts are referred to as "subdivisions."

11. If the bill ID on bills to be introduced has too much space following the second and third backslash, delete extra space and move the period and closing bracket immediately adjacent to the backslash.

12. Section headings should be indented to the 3rd letter of text of the section heading, NOT the 5th space.

13. In referring to a subdivision, the reference is indicated by a number in parenthesis.

CORRECT:   "referred to subdivision (1), section two, article eight . . . ."

INCORRECT: "referred to in subdivision (one), section two . . . ."

14. Concurrent Resolutions - When "State" is used as a proper noun for West Virginia, it should be capitalized. When used as a common noun, it is lowercase.

1. The court's function is simply to ascertain what the law is and to give effect to it. The court gives a presumption of validity to every statute.

2. Legislative intent will be pursued if possible and will be followed even if it is not the literal meaning of the words.

3. Where language is clear and plain, the court will not look to the Legislature's intent.

4. Rules of construction may be invoked only where the language is ambiguous.

5. Words are given their ordinary meaning.

6. Pari materia - All law dealing with the same subject matter will be read together insofar as possible.

7. The Act passed last prevails.

8. Special provisions prevail over general provisions.

9. There are two rules for conflicts between provisions of the same Act:

a. The last provisions in the Act prevail.

• The provision which conforms to the policy and intent of the Act prevails.

10. A later Act repeals an earlier Act only to the extent of conflicts (except in case of specific repeal).

11. Any provisions of an Act which are not repealed or amended and reenacted continue in effect.

12. The court presumes the Legislature did not intend to enact frivolous legislation, so it gives new language effect.

13. If Act A refers to existing statute B by specific date or Act of the Legislature, the repeal or amendment of statute B does not affect its application in Act A.

If Act A refers to existing statute B generally without reference to a specific date or Act:

(a) The repeal of statute B terminates its application in Act A; and

(b) The amendment of statute B will be given effect in its application in Act A.

14. Time - Example: City given authority to have a franchise tax "as now permitted by law." "Now" means as permitted by law as written at the time this Act was enacted giving city authority to have a franchise tax.

15. Act with repealer clause - If an Act is declared unconstitutional, the repealer is declared void unless the Legislature meant otherwise.

Example: An Act contains repeal of some language and replacement with new language. New language is stricken by court; old language is retained and not repealed.

16. Curative or saving clause or act - There is no effect if the saving Act is repealed after its provisions have been accomplished. Similar to the severability clause.

17. When a statute embodying common law is repealed, the law reverts to the common law.

18. Severability - (See Part I, XI. Severability Clause, page 10 of this manual) If any part of a statute is declared unconstitutional, the rest remains in effect unless:

a. The statute provides otherwise;

b. The court decides the Legislature did not intend; or

c. If standing independently, it is too incomplete or complicated to be carried out.

The general severability clause already in the code would keep almost all remaining provisions in effect.

• Liberal or strict construction



• Laws strictly construed:

(1) Criminal laws;

(2) Laws in derogation of the common law;

(3) Laws infringing or constricting property rights, such as zoning laws;

(4) Special privilege laws; and

(5) Mandatory acts - acts made void if not done in compliance with the law.

• Laws liberally construed:

(1) Redress of existing grievances;

(2) Protection of rights;

(3) Correcting obvious evils;

(4) Giving rights of action; and

(5) Election laws.

20. Reasonable construction principle.

• Reasonable construction will be followed by the court rather than absurd construction.

• If it has a choice of declaring an action legal or illegal, the court will choose to make the act legal.

21. Expressio unius est exclusion alterius.

The inclusion of one is the exclusion of all others.

Only use the word "including" when the general category will not include the special items listed.

22. Ejusdem generius.

General words are construed to include only those things of like character to those listed. A court may give statutes meaning beyond listing to give it practical application.

23. Singular always includes plural unless it is obvious the Legislature meant otherwise.

24. Gender - "His or her"should be used.

25. "Person" also means a corporate body, society, associations and partnerships.

26. "Real property" includes lands, tenements and hereditaments.

27. "May" and "shall."

a. "May" is permissive or authorizing.

b. "Shall" is mandatory or directing.

c. Do not use "should" or "must."

28. "Month" means calendar month. "Year" means calendar year.

29. Technical terms - Technical terms are given their technical meanings.

30. Same meaning rule - The same word in a statute will be given the same meaning as its earlier use.

31. Punctuation - Spirit and reason of the law prevails over punctuation.

32. Definitions - A court may change old definitions.

33. And - or.

A court may change "and" to "or" but generally the terms are not interchangeable.

34. Purpose clauses - Preamble and purpose sections neither enlarge nor contract powers in the main body.

35. Interpretation of words.

If a court interprets a word or phrase and the Legislature uses it, then the court assumes the Legislature used it in the way it was interpreted and will interpret it the same way.

36. Retroactive -- Prospective.

A bill is prospective and not retroactive unless it is clearly indicated otherwise by the bill.

37. "A subsequent statute, which revises the entire subject matter of a former statute and which is evidently intended as a substitute for such former statute, operates to repeal the former statute even though such subsequent statute does not contain express words to that effect." Syllabus pt.3, Woodring v. Whyte, WV______, 242 S.E.2d 238 (1978)

1. It is generally unnecessary to strike through deleted punctuation if there is no word accompanying the punctuation in the strike-through. Likewise, it is unnecessary to underscore new punctuation standing alone. The courts are not controlled by the punctuation, although they may give it some consideration.

• Do not indicate strike-throughs in chapter, article, or section headings.

3. Correct punctuation shall be shown before strike-throughs.

Example:

(Original): The sky is blue but remember grass is green.

(Amended):

CORRECT: The sky is blue. but remember Grass is green.

INCORRECT: The sky is blue but remember, Grass is green.

• If punctuation appears at the beginning of the strike-through, disregard punctuation.

Example:

(Original): . . . presents appropriate credentials; nor shall any person obstruct, hamper or interfere with any such inspection: Provided, however, That nothing contained in . . . .

(Amended):

CORRECT: . . . presents appropriate credentials. nor shall any No person may obstruct, hamper or interfere with any such inspection. Provided, however, That Nothing contained in . . . .

INCORRECT: . . . presents appropriate credentials. ; nor shall any No person may obstruct, hamper or interfere with any such inspection. ; Provided, however, That Nothing contained in . . . .

5. Punctuation should only be stricken-through if it appears within other stricken-through language. Do not show the removal of punctuation only by strike-through; omit only the stricken punctuation.

Example: Removal of comma only

(Original): Do not mix apples, oranges, and bananas.

(Amended):

CORRECT: Do not mix apples, oranges and bananas.

INCORRECT: Do not mix apples, oranges , and bananas.

Below are listed some general "rules" for the use of strike-throughs to indicate material removed from the present law. Deleted material is indicated by the use of the font attribute "strikeout" ( ). The general rule to remember in the use of strike-throughs is to make everything as clear as possible to the reader. This may require the striking through of words which also occur in the new language being inserted. It is better to strike through a whole phrase, sentence, paragraph or section than to have a confusing combination of strike-throughs, underscores and unchanged words.

The strike-through guidelines are as follows:

(1) In amending existing law, changes desired are indicated by striking with a continuous line the unwanted matter and underscoring with a continuous underscoring of any inserted matter, whether an addition to the law or a substitution for matter stricken from the law. The purpose of the striking and underscoring of material is to enable the reader at a glance to distinguish between the law as it now exists and the proposed law. The purpose of both strike-throughs and underscoring is to allow the legislators and other interested persons to identify from the bill itself just what it accomplishes without the time-consuming task of comparing the bill with existing law. Amendatory material drafted without strike-throughs and underscoring is, in effect, blind legislation;

(2) When amending sections of the statutes, the parts that are to be omitted or changed must first be shown and then stricken through, and all inserted or new parts must be underscored.

Example: Registrations recorded under this section these sections . . . (The new material always follows the stricken material. Never reverse this order.);

(3) Amendments to the Constitution, Special Acts and Rules of the Legislature require striking and underscoring the changes, the same as when amending the statutes;

(4) Regardless of the version of the text being considered (e.g., introduced bill, committee substitute, amendment, conference report, etc.) strike-throughs and underscoring always reflect proposed changes to the West Virginia Code -- not changes between different bills and amendments versions. Always check the Supplement to the West Virginia Code for the most recent code text.

(5) If the material to be stricken consists of more than one sentence, the new or scored material replacing the old or stricken material should be inserted at the end of all stricken material;

(6) Periods should logically be carried to the end of the sentence where you are inserting new material and not left at the end of the stricken material. This treatment is the same as in simple amendments where new material is inserted after a specified word and before the period;

(7) Usually, words not affected by the proposed amendment are not deleted. Sometimes, however, this results in difficult reading. In such cases, strike through the entire phrase and insert and underscore the new phrase.

Example:

CORRECT: the Steamroller College of Musical Knowledge the Supreme College of All Knowledge:

INCORRECT: the Steamroller Supreme College of Musical All Knowledge;

(8) When changing the verb tense or word endings, strike through or underscore the entire word and not just the part to be changed, deleted or added.

Examples:

CORRECT: Any person owning twenty five horses one horse

INCORRECT: Any person owning twenty-five one horse

CORRECT: Any person owning one horse six horses

INCORRECT: Any person owning one six horses

CORRECT: chairman chair

INCORRECT: chairman

CORRECT: horse horses

INCORRECT: horses

CORRECT: (1) (2)

INCORRECT: (1 2)

COMMA AND STRIKE-THROUGH

(Original): When any vacancy exists because of a failure to make a nomination, . . . .

(Amended):

CORRECT: When any vacancy exists, because of a failure to make a nomination, . . . .

COMMA AND STRIKE-THROUGH WITH NEW LANGUAGE ADDED

(Original): When any vacancy exits because of a failure to make a nomination, . . . .

(Amended):

CORRECT: When any vacancy exists because of a failure to make a nomination due to the death of a candidate, . . . .

CONTENT OF NOTE MUST INCLUDE EXPLANATION OF WORDS DELETED OR ADDED

If strike-throughs are used in a bill and new words added:

"Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added." If an article or chapter has been completely rewritten:

"This (article) (chapter) has been completely rewritten; therefore, strike-throughs and underscoring have been omitted."

Subsections are independent parts of a section.

If a section begins immediately following the section heading with the designation (a) or (1), it is a subsection. Any consecutive similar designation thereafter also indicates a subsection. Subsection is the term for (a) below. Subsections usually start with small letters.

Example:

§31-20-4. Governing body; organization and meetings; quorum; administrative expenses.

(a) The governing body of the authority shall consist of the voting members of the board as provided for in section three of this article and shall exercise all the powers given to the authority in this article. On the second Monday of July of each odd-numbered year, the board shall meet to elect a chairman and a secretary from among its own members. The secretary of the department of administration or his or her designated representative shall serve as treasurer of the board. The board shall otherwise meet quarterly, unless a special meeting is called by its chairman.

(b) A majority of the members of the board constitute a quorum, and a quorum must be present for the board to conduct business. Unless the bylaws require a larger number, action may be taken by majority vote of the members present. . . .

Subdivisions are dependent parts of a section or a subsection.

If a section begins with a preliminary or introductory statement followed by the designation (a) or (1), it is a subdivision. Any consecutive similar designation thereafter also indicates subdivisions. Subdivision is the term for (1) and (2) below:

Example:

§31-17-1. Definitions and general provisions.

As used in this article:

(1) "Secondary mortgage loan" means a loan made to an individual or partnership which is secured, in whole or in part, . . . .

(2) "Person" means an individual, partnership . . . .

Following is an example of code text indicating the absence of subsections and the combination of subdivisions (1), (2) and (3) and paragraphs (A). (B) and (C):

Example:

§11-14C-2. Definitions.

As used in this article and unless the context requires otherwise:

(1) "Agricultural purposes" means the activities of:

(A) Cultivating the soil, including the planting and harvesting of crops, for the commercial production of food, fiber and ornamental woodland products;

(B) Using land for breeding and management of farm livestock, including dairy, apiary, equine or poultry husbandry; and

(C) Using land for the practice of horticulture including the growing of Christmas trees, orchards and nursery stock: Provided, That agricultural purposes do not include commercial forestry, growing of timber for commercial purposes or any other activity that normally would not be included in paragraph (A), (B) or (C) of this definition.

(2) "Aircraft" includes any airplane or helicopter.

(3) "Alcohol" means motor fuel grade ethanol or a mixture of motor fuel-grade ethanol and methanol, excluding denaturant and water that is a minimum of ninety-eight percent ethanol or methanol by volume.

In bills amending an existing section that already contains criminal penalty provisions, the existing form of penalty shall be amended to conform to the appropriate penalty provision set forth below. However, care must be taken not to change the existing provisions for fine and imprisonment unless the bill is intended to make those changes.

The appropriate criminal penalty form set out below should be followed in bills adding new sections with criminal penalties or adding criminal penalties to existing sections.

Although the amounts of or limits on fines and the jail or prison sentences will vary, these penalty provision forms shall be followed as nearly as practicable:

(1) . . . is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty dollars nor more than five hundred dollars or confined in the county or regional jail not more than one year, or both fined and imprisoned.

(2) . . . is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars or imprisoned in the county or regional jail not more than one year, or both fined and imprisoned.

(3) . . . is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than ten nor more than twenty years.

(4) . . . is guilty of a felony and, upon conviction thereof, shall be fined not more than one thousand dollars or imprisoned in a state correctional facility not less than one year, or both fined and imprisoned.

(5) . . . is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one nor more than ten years or imprisoned in a state correctional facility not more than one year and fined not more than five hundred dollars.

Provisos in bills should not be used indiscriminately when other language is sufficient. Use "except" or "but" or start a new sentence where a proviso is not essential.

Provisos are preceded by a colon. Provisos are italicized and in the following form and sequence:

: Provided, That

: Provided, however, That

: Provided further, That

: And provided further, That

The sequence of provisos applies within a paragraph of a bill. Some judgment is required regarding the use of the sequence form. The use of more than one proviso within a section does not always demand the use of the sequence form. The sequence form is proper where the provisos are related. If the provisos are unrelated and modify different statements, the first form shall be used for each proviso.

RULES

Pursuant to the West Virginia Administrative Procedures Act, [§29A-1-1 et. seq.] West Virginia has rules, not regulations. The Secretary of State publishes the Code of State Rules [CSR], which codifies the rules following final authorization by the Legislature. There are several factors to consider when granting an agency rule-making authority. These include:

1. Does the bill require a legislative rule? Refer to Chapter 29A [State Administrative Procedures Act] for definitions of legislative, procedural and interpretative rules to see which type of rule is appropriate. After approval of the Legislature and Governor, legislative rules have the force and effect of law, while interpretative and procedural rules are promulgated without direct legislative authorization. Avoid making internal acts or procedures of agencies or boards legislative rules because of the implications associated with failure to comply with mandatory legal duties.

2. What type of authority does the agency or board currently have? Some state agencies are exempt from legislative rulemaking while others may already have sufficient authority to propose a rule without additional authorization.

3. Does the rule need emergency rule authorization status? If the Legislature determines it necessary, it can direct an agency to propose an emergency rule.

CORRECT LANGUAGE FOR AUTHORIZING MANDATORY LEGISLATIVE RULES:

". . . shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code."

CORRECT LANGUAGE FOR AUTHORIZING PERMISSIVE LEGISLATIVE RULES:

". . . may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code."

CORRECT LANGUAGE FOR AUTHORIZING EMERGENCY LEGISLATIVE RULES:

". . . shall [may] promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code."

AMENDMENTS TO EXISTING LEGISLATIVE RULES:

There are two ways to amend existing legislative rules:

(1) A bill can be drafted amending the specific rule in question;

(2) If the rule is before the Legislature because the agency is attempting to change or create a rule, the rule may be amended as part of its legislative authorization bill.

In either case, the bill and any amendments must refer to the rule series, page, line and words of the rule being amended. It is suggested that drafters contact one of the rule-making committee attorneys to assure that rule amendments are in proper form.

The drafter should refer to an agency or a subdivision by the name designation set forth in the code. Do not refer to an agency or a subdivision by its "popular" name. Use §5F-2-1 as a reference for correct agency or subdivision names.

Moneys cannot be appropriated in general law statutes and the Legislature cannot be bound to appropriate specific moneys for a program in a current fiscal year for future years.

Do not include any general law in an appropriation bill.

Staggered terms of office may be provided by a provision similar to the following:

"Each member shall serve for a term of five years. Of the members of the commission first appointed, one shall be appointed for a term ending the thirtieth day of June, one thousand nine hundred sixty-seven, and one each for terms ending one, two, three and four years thereafter."

Provisions in the following code sections may be a better guide for a particular drafting problem:

§5-10-6

§30-4-4

§30-7A-5

§30-32-7

1. Acts of the Legislature.

Check the Acts of the Legislature for local and special laws and for additional examples of appropriation bills. There is an index for special acts through 1998.

2. Sutherland on Statutory Construction.

3. Legislative Library.

It has copies of the Acts of the Legislature, old code compilations, House of Delegates and Senate Journals, and state newspaper articles concerning the Legislature.

4. WESTLAW.

It is a source for other states' statutes and court decisions.

5. Council of State Governments, States Information Center, (606) 244-8253; National Conference of State Legislatures, (303)364-7700.

They are sources of other states' laws and studies on issues of interest to state legislatures.

6. Directory of State Legislative Staff.

This is a source for names and telephone numbers of staff members of other legislatures.

7. Reed Dickerson:

The Fundamentals of Legal Drafting.

The Interpretation and Application of Statutes.

Professionalizing Legislative Drafting.

8. Robert J. Martineau:

Drafting Legislation and Rules in Plain English.

9. Lawrence E. Filson:

The Legislative Drafter's Desk Reference.

(a) Federal statutes. A citation to federal statutory law should be made to the official federal code, i.e., the United States Code, indicating title and section.

Example: 42 U.S.C. §1983

Do not cite unofficial federal codes (United States Code Annotated or United States Code Service). A citation only to an act of Congress by its official name, a popular name or the original section number is not preferred because of the difficulty readers will have in locating the cited material with this information.

Example:

Personal Responsibility and Work Opportunity Reconciliation Act of 1996, PL 104-193

This citation assumes not only that the reader knows how to locate the material cited but that he or she has access to a library or database where it can be retrieved.

• A citation to the official federal code may be accompanied by additional information if it is helpful to the reader.

Example: . . . 42 U.S.C. §666(a), as amended by section three hundred sixty-nine of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 . . . .

(b) Federal regulations. A citation to all federal rules and regulations should be made to the Code of Federal Regulations by title, section and year.

Example: 40 C.F.R. §264.1052 (1992)

Additional information may be provided.

Example: . . . the air emission standards for pumps in light liquid service established by regulations of the federal environmental protection agency and set forth in 40 C.F.R. §264.1052 (1992).

(c) Adoption by reference. Use caution in adopting federal law by reference. The Supreme Court of Appeals in the case of State v. Grinstead, 157 W.Va. 1001, 206 S.E.2d 912 (1974) held that "although statutes adopting laws or regulations of other states, the federal government, or of its agencies, effective at the time of adoption are valid, attempted adoption of future laws, rules or regulations of other states or the federal government or of its agencies is unconstitutional as an unlawful delegation of the legislative power."

In general, all fees and taxes are deposited into the general revenue fund of the state. Some fees and taxes are dedicated to specific purposes by statute and are placed in special accounts in the state treasury. In times of fiscal constraints, the Legislature has redesignated these special funds to meet the fiscal priorities that it has established. In 1992, the Legislature amended West Virginia Code §12-2-2. The amendments to this section provided language to override the specific provisions of law in other code sections which dedicate special revenue and require its deposit into a special account. Thus, under current law, if the Legislature finds that an excess of funds is present in a particular special revenue account, then the Legislature may transfer those funds by passage of a supplementary appropriation. Special revenue accounts, of course, may still be created. However, there are issues that should be addressed by the drafter when so doing.

The manner in which the funds deposited into the special account may be expended should be specified by the statute that creates the account. Furthermore, in order to maintain oversight over special revenue accounts that may be created from time to time, the Legislature has generally required that special revenue accounts be appropriated in the budget bill. The following language is suggested in creating special revenue accounts:

All moneys collected shall be deposited in a special account in the state treasury to be known as the "name of account". Expenditures from the fund shall be for the purposes set forth in this (section, article or chapter, as appropriate) and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter five-a of this code: Provided, That for the fiscal year ending the thirtieth day of June, (following fiscal year) expenditures are authorized from collections rather than pursuant to appropriation by the Legislature.

It is also suggested that Finance counsel be notified of creation of special revenue accounts so that the account can be added to the budget bill the following fiscal year. Furthermore, it is often necessary for the Finance committee staff to work with the agency or board for whom the account is created to ensure that proper procedures are followed so that funds can be available for expenditure in a timely manner.

Sections in the title and enacting clause are to be listed in the following order:

1. All sections that are repealed are listed in order as they appear in the Code; and

2. All other sections included in the bill are listed in the order that they appear in the Code, except that sections within individual articles that are amended and reenacted are listed before the list of sections that are added to the same article.

All sections in the title and enacting section are listed in numerals and with the complete number, i.e., chapter-article-section.

All sections in new articles or chapters must be listed individually.

All sections must be preceded by a section symbol, i.e., "§."

BILL TITLE and ENACTING SECTION amending and reenacting a single section of the code, changing a word, sentence, part of a section or adding to same section.

A BILL to amend and reenact §9-4-21a of the code of West Virginia, 1931, as amended, relating to . . . .

Be it enacted by the Legislature of West Virginia:

That §9-4-21a of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

BILL TITLE and ENACTING SECTION amending and reenacting sections in two or more articles of the same chapter of the code.

A BILL to amend and reenact §20-20-2 of the code of West Virginia, 1931, as amended; and to amend and reenact §20-21-4 of said code, all relating to . . . .

Be it enacted by the Legislature of West Virginia:

That §20-20-2 of the code of West Virginia, 1931, as amended, be amended and reenacted; and that §20-21-4 of said code be amended and reenacted, all to read as follows:

BILL TITLE and ENACTING SECTION amending and reenacting sections in three or more articles of the same chapter of the code.

A BILL to amend and reenact §48-3-9, §48-3-13 and §48-3-19 of the code of West Virginia, 1931, as amended; to amend and reenact §48-4-1, §48-4-4, §48-4-6 and §48-4-7 of said code; to amend and reenact §48-5-1 and §48-5-3 of said code; and to amend and reenact §48-7-1, §48-7-4, §48-7-5 and §48-7-8 of said code, all relating to . . . .

Be it enacted by the Legislature of West Virginia:

That §48-3-9, §48-3-13 and §48-3-19 of the code of West Virginia, 1931, as amended, be amended and reenacted; that §48-4-1, §48-4-4, §48-4-6 and §48-4-7 of said code be amended and reenacted; that §48-5-1 and §48-5-3 of said code be amended and reenacted; and that §48-7-1, §48-7-4, §48-7-5 and §48-7-8 of said code be amended and reenacted, all to read as follows:

BILL TITLE and ENACTING SECTION amending and reenacting sections in the code and adding a new section in same article and chapter, but the new section is in the middle of the amended sections.

A BILL to amend and reenact §3-2-1, §3-2-2, §3-2-3, §3-2-4 and §3-2-5 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §3-2-4a, all relating to. . . .

Be it enacted by the Legislature of West Virginia:

That §3-2-1, §3-2-2, §3-2-3, §3-2-4 and §3-2-5 of the code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §3-2-4a, all to read as follows:

BILL TITLE and ENACTING SECTION amending and reenacting sections in the code and adding new sections in same article and chapter.

A BILL to amend and reenact §4-2-1, §4-2-2 and §4-2-3 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §4-2-4, §4-2-5 and §4-2-6, all relating to . . . .

Be it enacted by the Legislature of West Virginia:

That §4-2-1, §4-2-2 and §4-2-3 of the code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto three new sections, designated §4-2-4, §4-2-5 and §4-2-6, all to read as follows:

BILL TITLE and ENACTING SECTION amending and reenacting section in the code and adding new section in different articles, but same chapter.

A BILL to amend and reenact §18-7-2 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-9A-12a, all relating to . . . .

Be it enacted by the Legislature of West Virginia:

That §18-7-2 of the code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §18-9A-12a, all to read as follows:

BILL TITLE and ENACTING SECTION amending and reenacting sections in the code in different articles and adding new section in different article all in same chapter.

A BILL to amend and reenact §1A-1A-1a of the code of West Virginia, 1931, as amended; to amend and reenact §1A-4-4 of said code; and to amend said code by adding thereto a new section, designated §1A-6-3, all relating to . . . .

Be it enacted by the Legislature of West Virginia:

That §1A-1A-1a of the code of West Virginia, 1931, as amended, be amended and reenacted; that §1A-4-4 of said code be amended and reenacted; and that said code be amended by adding thereto a new section, designated §1A-6-3, all to read as follows:

BILL TITLE and ENACTING SECTION amending and reenacting a section and adding a new section to the same article, adding a new article and amending and reenacting a section in a later article, all in the same chapter.

A BILL to amend and reenact §1-10-4 of the code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §1-10-5c; to amend said code by adding thereto a new article, designated §1-10C-1, §1-10C-2 and §1-10C-3; and to amend and reenact §1-11-15 of said code, all relating to . . . .

Be it enacted by the Legislature of West Virginia:

That §1-10-4 of the code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto a new section, designated §1-10-5c; that said code be amended by adding thereto a new article, designated §1-10C-1, §1-10C-2 and §1-10C-3; and that §1-11-15 of said code be amended and reenacted, all to read as follows:

BILL TITLE and ENACTING SECTION amending article in the code by adding new section.

A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9A-10A-5, relating to . . . .

Be it enacted by the Legislature of West Virginia:

That the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §9A-10A-5, to read as follows:

BILL TITLE and ENACTING SECTION amending article by adding new section in the code and amending and reenacting section in different chapters. Bills with more than one chapter should have chapter headings.

A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §1-1-2; and to amend and reenact §3-1-1 of said code, all relating to . . . .

Be it enacted by the Legislature of West Virginia:

That the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §1-1-2; and that §3-1-1 of said code be amended and reenacted, all to read as follows:

BILL TITLE and ENACTING SECTION adding new sections in different articles of same chapter.

A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §1-1-2; and to amend said code by adding thereto a new section, designated §1-3-4, all relating to . . . .

Be it enacted by the Legislature of West Virginia:

That the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §1-1-2; and that said code be amended by adding thereto a new section, designated §1-3-4, all to read as follows:

BILL TITLE and ENACTING SECTION amending chapter in the code by adding new article.

A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §1-5-1, §1-5-2, §1-5-3, §1-5-4 and §1-5-5, all relating to . . . .

Be it enacted by the Legislature of West Virginia:

That the code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §1-5-1, §1-5-2, §1-5-3, §1-5-4 and §1-5-5, all to read as follows:

BILL TITLE and ENACTING SECTION amending code by adding new chapter.

A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §19A-1-1, §19A-1-2, . . . , all relating to . . . .

Be it enacted by the Legislature of West Virginia:

That the code of West Virginia, 1931, as amended, be amended by adding thereto a new chapter, designated §19A-1-1, §19A-1-2, . . . , all to read as follows:

[All sections in each article must be written individually with a § symbol preceding each section.]

BILL TITLE and ENACTING SECTION repealing a section in the code and amending and reenacting another section in same article.

A BILL to repeal §26-5-2 of the code of West Virginia, 1931, as amended; and to amend and reenact §26-5-3 of said code, relating to . . . .

Be it enacted by the Legislature of West Virginia:

That §26-5-2 of the code of West Virginia, 1931, as amended, be repealed; and that §26-5-3 of said code be amended and reenacted to read as follows:

BILL TITLE and ENACTING SECTION repealing a section in the code and adding a new section in different chapters.

A BILL to repeal §1-1-1 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §3-2-11a, relating to . . . .

Be it enacted by the Legislature of West Virginia:

That §1-1-1 of the code of West Virginia, 1931, as amended, be repealed; and that said code be amended by adding thereto a new section, designated §3-2-11a, to read as follows:

BILL TITLE and ENACTING SECTION repealing sections of code and adding new article in different chapters.

A BILL to repeal §5A-2-34, §5A-2-35, §5A-2-36, §5A-2-37 and §5A-2-38 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §29-16-1, §29-16-2, . . . , all relating to . . . .

Be it enacted by the Legislature of West Virginia:

That §5A-2-34, §5A-2-35, §5A-2-36, §5A-2-37 and §5A-2-38 of the code of West Virginia, 1931, as amended, be repealed; and that said code be amended by adding thereto a new article, designated §29-16-1, §29-16-2, . . . , all to read as follows:

[All sections in the new article must be written individually with a § symbol preceding each section.]

BILL TITLE and ENACTING SECTION repealing section(s) of article(s), repealing article(s), amending and reenacting section(s) of article(s), and adding new section(s) to article(s), all of same chapter of code.

A BILL to repeal §18-5-14 and §18-5-17 of the code of West Virginia, 1931, as amended; to repeal §18-6-1, §18-6-2,. . . of said code; to amend and reenact §18-3-9 of said code; to amend said code by adding thereto a new section, designated §18-3-11; to amend and reenact §18-4-10 of said code; and to amend and reenact §18-5-1a, §18-5-4, §18-5-13 and §18-5-31 of said code, all relating to . . . .

Be it enacted by the Legislature of West Virginia:

That §18-5-14 and §18-5-17 of the code of West Virginia, 1931, as amended, be repealed; that §18-6-1, §18-6-2, . . . of said code be repealed; that §18-3-9 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §18-3-11; that §18-4-10 of said code be amended and reenacted; and that §18-5-1a, §18-5-4, §18-5-13 and §18-5-31 of said code be amended and reenacted, all to read as follows:

[All sections in the repealed article must be written individually with a § symbol preceding each section.]

BILL TITLE and ENACTING SECTION reenacting article with the same number and the same number of and designation of sections, with new language.

A BILL to amend and reenact §1-1-1, §1-1-2, §1-1-3, §1-1-4 and §1-1-5 of the code of West Virginia, 1931, as amended, all relating to . . . .

Be it enacted by the Legislature of West Virginia:

That §1-1-1, §1-1-2, §1-1-3, §1-1-4 and §1-1-5 of the code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

[All sections in the reconstituted article must be listed individually and be preceded by a § symbol. In the Explanatory Note following the bill, state that the entire article was rewritten.]

BILL TITLE and ENACTING SECTION reenacting article with the same number but having a different number or designation of sections, with new language.

A BILL to repeal §1-1-1a and §1-1-3a of the code of West Virginia, 1931, as amended; to amend and reenact §1-1-1, §1-1-2, §1-1-3, §1-1-4 and §1-1-5 of said code; and to amend said code by adding thereto two new sections, designated §1-1-6 and §1-1-7, all relating to . . . .

Be it enacted by the Legislature of West Virginia:

That §1-1-1a and §1-1-3a of the code of West Virginia, 1931, as amended, be repealed; that §1-1-1, §1-1-2, §1-1-3, §1-1-4 and §1-1-5 of said code be amended and reenacted; and that said code be amended by adding thereto two new sections, designated §1-1-6 and §1-1-7, all to read as follows:

[All sections in the existing article must be identified as either amended and reenacted or repealed. All sections in the reconstituted article must be identified as either amended and reenacted or new. All sections in the reconstituted article must be listed individually and be preceded by a § symbol. In the Explanatory Note following the bill, state that the entire article was rewritten.]

BILL TITLE and ENACTING SECTION repealing article in the code.

A BILL to repeal §19-12A-1, §19-12A-2, §19-12A-3 and §19-12A-4 of the code of West Virginia, 1931, as amended, relating to the West Virginia state apple commission.

Be it enacted by the Legislature of West Virginia:

§1. Repeal of article creating West Virginia state apple commission.

Article twelve-a, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, is hereby repealed.

BILL TITLE and ENACTING SECTION repealing section in the code.

A BILL to repeal §61-10-20 of the code of West Virginia, 1931, as amended, relating to conducting marathon dances and like contests.

Be it enacted by the Legislature of West Virginia:

ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.

§1. Repeal of section relating to conducting marathon dances and like endurance tests.

Section twenty, article ten, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, is hereby repealed.

BILL TITLE and ENACTING SECTION, concerning one chapter of the code, repealing an article, repealing other articles and enacting new articles in lieu thereof, and amending and reenacting several articles and sections of other articles.

A BILL to repeal §27-10-1, §27-10-2, §27-10-3, §27-10-4 and §27-10-5 of the code of West Virginia, 1931, as amended; to amend and reenact §27-1-1, §27-1-2, §27-1-3, §27-1-4, §27-1-5, §27-1-6, §27-1-7, §27-1-8, §27-1-9, §27-1-10, §27-1-11, §27-1-12, §27-1-13, §27-1-14, §27-1-15, §27-1-16 and §27-1-17 of said code; to amend and reenact §27-1A-1, §27-1A-2, §27-1A-4, §27-1A-5, §27-1A-6, §27-1A-7, §27-1A-8, §27-1A-9 and §27-1A-10 of said code; to amend and reenact §27-2-1, §27-2-2, §27-2-3, §27-2-4 and §27-2-5 of said code; to amend and reenact §27-3-2 of said code; to amend and reenact §27-4-1, §27-4-2, §27-4-3 and §27-4-4 of said code; to amend and reenact §27-5-1, §27-5-2, §27-5-3, §27-5-4, §27-5-5, §27-5-6, §27-5-7, §27-5-8, §27-5-9 and §27-5-10 of said code; to amend and reenact §27-6-1, §27-6-2, §27-6-3, §27-6-4, §27-6-5, §27-6-6, §27-6-7 and §27-6-8 of said code; to amend and reenact §27-7-1, §27-7-3, §27-7-4 and §27-7-5 of said code; to amend and reenact §27-8-1, §27-8-2, §27-8-2a, §27-8-2b and §27-8-3 of said code; to amend and reenact §27-9-1 of said code; to amend and reenact §27-11-1, §27-11-2, §27-11-3 and §27-11-5 of said code; to amend and reenact §27-12-1, §27-12-2 and §27-12-3 of said code; and to amend and reenact §27-13-2 of said code, all relating to . . . .

Be it enacted by the Legislature of West Virginia:

That §27-10-1, §27-10-2, §27-10-3, §27-10-4 and §27-10-5 of the code of West Virginia, 1931, as amended, be repealed; that §27-1-1, §27-1-2, §27-1-3, §27-1-4, §27-1-5, §27-1-6, §27-1-7, §27-1-8, §27-1-9, §27-1-10, §27-1-11, §27-1-12, §27-1-13, §27-1-14, §27-1-15, §27-1-16 and §27-1-17 of said code be amended and reenacted; that §27-1A-1, §27-1A-2, §27-1A-4, §27-1A-5, §27-1A-6, §27-1A-7, §27-1A-8, §27-1A-9 and §27-1A-10 of said code be amended and reenacted; that §27-2-1, §27-2-2, §27-2-3, §27-2-4 and §27-2-5 of said code be amended and reenacted; that §27-3-2 of said code be amended and reenacted; that §27-4-1, §27-4-2, §27-4-3 and §27-4-4 of said code be amended and reenacted; that §27-5-1, §27-5-2, §27-5-3, §27-5-4, §27-5-5, §27-5-6, §27-5-7, §27-5-8, §27-5-9 and §27-5-10 of said code be amended and reenacted; that §27-6-1, §27-6-2, §27-6-3, §27-6-4, §27-6-5, §27-6-6, §27-6-7 and §27-6-8 of said code be amended and reenacted; that §27-7-1, §27-7-3, §27-7-4 and §27-7-5 of said code be amended and reenacted; that §27-8-1, §27-8-2, §27-8-2a, §27-8-2b and §27-8-3 of said code be amended and reenacted; that §27-9-1 of said code be amended and reenacted; that §27-11-1, §27-11-2, §27-11-3 and §27-11-5 of said code be amended and reenacted; that §27-12-1, §27-12-2 and §27-12-3 of said code be amended and reenacted; and that §27-13-2 of said code be amended and reenacted, all to read as follows:

BILL TITLE and ENACTING SECTION, concerning different chapters, repealing sections in different articles of different chapters; and amending and reenacting different sections in one article and amending and reenacting separate article in same chapter.

A BILL to repeal §7-5-19 of the code of West Virginia, 1931, as amended; to repeal §11-1-4, §11-1-5, §11-1-6, . . . of said code; to repeal §11-2-2, §11-2-5, §11-2-6, . . . of said code; to amend and reenact §7-1-1 and §7-1-5 of said code; and to amend and reenact §7-7-1, §7-7-2, §7-7-3, . . . of said code, all relating to . . . .

Be it enacted by the Legislature of West Virginia:

That §7-5-19 of the code of West Virginia, 1931, as amended, be repealed; that §11-1-4, §11-1-5, §11-1-6, . . . of said code be repealed; that §11-2-2, §11-2-5, §11-2-6, . . . of said code be repealed; that §7-1-1 and §7-1-5 of said code be amended and reenacted; and that §7-7-1, §7-7-2, §7-7-3, . . . of said code be amended and reenacted, all to read as follows:

[All repealed and reenacted sections must be listed individually and be preceded by a § symbol.]

BILL TITLE and ENACTING SECTION, concerning different chapters, repealing sections in different articles of different chapters and amending and reenacting different sections in different articles of different chapters. Bills with more than one chapter should have chapter headings.

A BILL to repeal §8-13-3 of the code of West Virginia, 1931, as amended; to repeal §11-7-1 of said code; to amend and reenact §11-2-5 of said code; to amend and reenact §11-5-2 of said code; to amend and reenact §11A-1-12 of said code; to amend and reenact §17-10-23 of said code; and to amend and reenact §18-9-6 of said code, all relating to . . . .

Be it enacted by the Legislature of West Virginia:

That §8-13-3 of the code of West Virginia, 1931, as amended, be repealed; that §11-7-1 of said code be repealed; that §11-2-5 of said code be amended and reenacted; that §11-5-2 of said code be amended and reenacted; that §11A-1-12 of said code be amended and reenacted; that §17-10-23 of said code be amended and reenacted; and that §18-9-6 of said code be amended and reenacted, all to read as follows:

BILL TITLE and ENACTING SECTION, concerning different chapters, repealing sections and articles in different chapters, amending and reenacting sections in a different chapter and adding a new article to a different chapter. Bills with more than one chapter should have chapter headings.

A BILL to repeal §5-12-1, §5-12-2, §5-12-3, . . . of the code of West Virginia, 1931, as amended; to repeal §10-1-12, §10-1-13, §10-1-14, . . . of said code; to repeal §29-1-1, §29-1-2, . . . of said code; to repeal §29-17-1, §29-17-2, . . . of said code; to amend and reenact §18-10-11 and §18-10-12 of said code; and to amend said code by adding thereto a new article, designated §29-1A-1, §29-1A-2, §29-1A-3, §29-1A-4, . . ., all relating to . . . .

Be it enacted by the Legislature of West Virginia:

That §5-12-1, §5-12-2, §5-12-3, . . . of the code of West Virginia, 1931, as amended, be repealed; that §10-1-12, §10-1-13, §10-1-14, . . . of said code be repealed; that §29-1-1, §29-1-2, . . . of said code be repealed; that §29-17-1, §29-17-2, . . . of said code be repealed; that §18-10-11 and §18-10-12 of said be code be amended and reenacted; and that said code be amended by adding thereto a new article, designated §29-1A-1, §29-1A-2, §29-1A-3, §29-1A-4, . . ., all to read as follows:

[All sections repealed and added must be listed individually and be preceded by a § symbol.]

A BILL to establish the Fayette County public library board to maintain a library to serve the residents of the county of Fayette; to provide such board with power to operate such public library; and to provide a stable method of financing the operation of a public library.

Be it enacted by the Legislature of West Virginia:

FAYETTE COUNTY PUBLIC LIBRARY BOARD.

§1. Public library board created; joint support by board of education and county commission.

There is hereby created a public library board, which shall establish and operate a Fayette County public library, which library shall be supported by the board of education of the county of Fayette and by the county commission of Fayette County, as a joint endeavor of the two governing authorities in the manner hereinafter provided.

§2. Board of directors; appointment, powers and duties generally; officers; bylaws, rules and regulations.

There shall be a board of directors consisting of five directors who shall serve without compensation. Before the first day of July, one thousand nine hundred seventy-one, the board of education of the county of Fayette shall appoint two members of such board of directors, appointing one member for the term of one year, and one member for the term of three years. The county commission of Fayette county shall appoint two members of the board of directors, appointing one person for the term of two years and one person for the term of four years; and the four directors so appointed shall appoint a fifth member to the board of directors for a term of five years. The initial terms of office shall commence on the first day of July, one thousand nine hundred seventy-one. Each successor member of the board of directors shall be appointed by the governing authority which shall have appointed the predecessor member and each such successor member shall be appointed for a term of five years, except that any person appointed to fill a vacancy occurring before the expiration of the term shall serve only for the unexpired portion thereof. Any member of the board shall be eligible for reappointment and the governing authority which appointed any member may remove that member for cause. There shall be an annual meeting of the board of directors on the second Monday in July in each year and a monthly meeting on the day in each month which the board may designate in its bylaws. A special meeting may be called by the president, the secretary or any two members of the board and shall be held only after all of the directors are given notice thereof in writing. At all meetings three members shall constitute a quorum and at each annual meeting of the board of directors it shall elect, from its membership, a president, a vice president, a secretary and a treasurer: Provided, That the librarian may be elected secretary and/or treasurer. The board of directors shall adopt such bylaws, rules and regulations as are necessary for its own guidance and for the administration, supervision and protection of the library and all of the property belonging thereto. The board of directors shall have all the powers necessary, convenient and advisable for the proper operation, equipment and management of said library; and except as otherwise especially provided in this act, shall have the powers and be subject to the duties which are conferred and imposed, respectively, upon library directors by sections six through eleven, article one, chapter ten of the code of West Virginia, one thousand nine hundred thirty-one, as amended.

NOTE: The purpose of this bill is to create a public library board to operate a Fayette County Public Library.

BILL TITLE and ENACTING SECTION providing a new local or special act. No reference to Code or Acts in this case

A BILL to authorize the expenditure of surplus funds by the Wayne County commission.

Be it enacted by the Legislature of West Virginia:

WAYNE COUNTY HEALTH CENTER AND CLINIC.

§1. County commission authorized to create special fund for a health center and clinic.

The county commission of Wayne County is hereby authorized and empowered to use any unexpended sums and surpluses, presently or hereafter existing, in the general fund or in any special . . . .

BILL TITLE and ENACTING SECTION amend sections of local or special act, not included in the Code, when chapter consists of more than one section and the sections to be amended have not previously been amended. Only sections to be amended should be inserted in the bill.

A BILL to amend and reenact sections 2 and 4, chapter 39, acts of the Legislature, regular session, 1964, all relating to ....

Be it enacted by the Legislature of West Virginia:

That sections 2 and 4, chapter 38, acts of the Legislature, regular session, 1964, be amended and reenacted, all to read as follows:

BILL TITLE and ENACTING SECTION amending section of local or special act, not included in the Code, when same has been amended subsequent to the enactment.

A BILL to amend and reenact section 1, chapter 1, acts of the Legislature, regular session, 1960, as last amended and reenacted by chapter 2, acts of the Legislature, regular session, 1963, relating to . . . .

Be it enacted by the Legislature of West Virginia:

That section 1, chapter 1, acts of the Legislature, regular session, 1960, as last amended and reenacted by chapter 2, acts of the Legislature, regular session, 1963, be amended and reenacted to read as follows:

BILL TITLE and ENACTING SECTION amending sections of local or special act, not included in the Code, when the sections were first enacted at the same legislative sessions and were last amended by acts of different sessions.

A BILL to amend and reenact section 2, chapter 38, acts of the Legislature, regular session, 1964, as last amended and reenacted by chapter 220, acts of the Legislature, regular session, 1967; and to amend and reenact section 4 of said chapter 38, as last amended and reenacted by chapter 64, acts of the Legislature, regular session, 1968, all relating to . . . .

Be it enacted by the Legislature of West Virginia:

That section 2, chapter 38, acts of the Legislature, regular session, 1964, as last amended and reenacted by chapter 220, acts of the Legislature, regular session, 1967, be amended and reenacted; and that section 4 of said chapter 38, as last amended and reenacted by chapter 64, acts of the Legislature, regular session, 1968, be amended and reenacted, all to read as follows:

BILL TITLE and ENACTING SECTION amending sections of local or special act, not included in the Code, when the sections were first enacted at different legislative sessions and were last amended by acts of different sessions.

A BILL to amend and reenact section 2, chapter 38, acts of the Legislature, regular session, 1964, as last amended and reenacted by chapter 220, acts of the Legislature, regular session, 1967; and to amend and reenact section 2a, chapter 15, acts of the Legislature, regular session, 1965, as last amended and reenacted by chapter 1, acts of the Legislature, regular session, 1970, all relating to . . . .

Be it enacted by the Legislature of West Virginia:

That section 2, chapter 38, acts of the Legislature, regular session, 1964, as last amended and reenacted by chapter 220, acts of the Legislature, regular session, 1967, be amended and reenacted; and that section 2a, chapter 15, acts of the Legislature, regular session, 1965, as last amended and reenacted by chapter 1, acts of the Legislature, regular session, 1970, be amended and reenacted, all to read as follows:

BILL TITLE and ENACTING SECTION amending entire local or special act, not included in the Code, when same has been amended subsequent to the enactment.

A BILL to amend and reenact chapter 200, acts of the Legislature, regular session, 1955, as last amended and reenacted by chapter 179, acts of the Legislature, regular session, 1965, relating to. . . .

Be it enacted by the Legislature of West Virginia:

That chapter 200, acts of the Legislature, regular session, 1955, as last amended and reenacted by chapter 179, acts of the Legislature, regular session, 1965, be amended and reenacted to read as follows:

BILL TITLE and ENACTING SECTION repealing a local or special act (Chapter in Acts) and transferring funds.

A BILL to repeal chapter 128, acts of the Legislature, regular session, 1945, relating to the establishment of a capitol salvage committee; and to provide for the transfer of any unexpended balance remaining in the special revenue account established by said chapter to the general revenue fund.

Be it enacted by the Legislature of West Virginia:

CAPITOL SALVAGE COMMITTEE.

§1. Repeal of act creating special salvage committee; transfer of funds.

Chapter 128, acts of the Legislature, regular session, 1945, is hereby repealed, and any unexpended balance remaining in the special revenue account established under the provisions of said chapter are hereby transferred to the general revenue fund.

BILL authorizing the sale of bonds.

H. B. 2037

(By Mr. Speaker, Mr. Chambers, and Delegate Ashley)

[By Request of the Executive]

[Passed March 10, 1995; in effect from passage.]

A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-15B-1, §31-15B-2, §31-15B-3, §31-15B-4, §31-15B-5, §31-15B-6, §31-15B-7, §31-15B-8, §31-15B-9, §31-15B-10, §31-15B-11, §31-15B-12 and §31-15B-13, all relating to authorizing the sale of bonds for water, sewer and infrastructure purposes; empowering the governor to issue infrastructure general obligation bonds; creating the infrastructure obligation debt service fund; funding the infrastructure general obligation debt service funds; providing terms for general obligation bonds; setting forth a cap on the interest rate of bonds; directing the use of funds deposited in infrastructure general obligation debt service fund; setting forth the covenants of the state; providing for the sale of general obligation bonds and their minimum price; prohibiting funds inuring to the benefit of or being distributable to directors or officers; providing that infrastructure general obligation bonds are lawful investments; authorizing the water development authority to issue refunding bonds; providing for the termination or dissolution of the water development authority; allowing the governor to select legal advisors; setting forth duties of bond counsel; authorizing the treasurer to select financial advisor; allowing the payment of expenses from debt service fund.

Be it enacted by the Legislature of West Virginia:

That the code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §31-15B-1, §31-15B-2, §31-15B-3, §31-15B-4, §31-15B-5, §31-15B-6, §31-15B-7, §31-15B-8, §31-15B-9, §31-15B-10, §31-15B-11, §31-15B-12 and §31-15B-13, all to read as follows:

Article 15B. Infrastructure bonds.

§31-15B-1. Definitions.

For purposes of this article and article fifteen-a of this chapter:

(a) "Council" means the West Virginia infrastructure and jobs development council created in section three, article fifteen-a of this chapter;

(b) "Infrastructure amendment" means the amendment to the constitution of this state entitled "infrastructure amendment" as approved by referendum in the month of November, one thousand nine hundred ninety-four;

(c) "Infrastructure general obligation bond" means any bond or bonds issued by the state pursuant to section two of this article;

(d) "Water development authority" means the West Virginia water development authority established under article one, chapter twenty-two-c of this code, or any successor to all or any substantial part of its powers and duties.

§31-15B-2. Infrastructure general obligation bonds; amount; when may issue.

Bonds of the state of West Virginia, under authority of the infrastructure improvement amendment of 1994, of the par value not to exceed in the aggregate three hundred million dollars, are hereby authorized to be issued and sold solely for the construction, extension, expansion, rehabilitation, repair and improvement of water supply and sewage treatment systems and for the acquisition, preparation, construction and improvement of sites for economic development as provided for by the constitution and the provisions of this article.

These bonds may be issued by the governor upon resolution by the infrastructure council and certification to the governor. The bonds shall bear such date and mature at such time, bear interest at such rate not to exceed eight percent per annum, be in such amounts, be in such denominations, be in such registered form, carry such registration privileges, be due and payable at such time and place and in such amounts, and subject to such terms of redemption as such resolution may provide: Provided, That in no event may the amount of bonds outstanding exceed an amount for which sixteen million dollars would not be sufficient to provide annual service on the total amount of debt outstanding. Both the principal and interest of the bonds shall be payable in the lawful money of the United States of America and the bonds and the interest thereon shall be exempt from taxation by the state of West Virginia, or by any county, district or municipality thereof, which fact shall appear on the face of the bonds as part of the contract with the holder of the bond.

The bonds shall be executed on behalf of the state of West Virginia, by the manual or facsimile signature of the treasurer thereof, under the great seal of the state or a facsimile thereof, and countersigned by the manual or facsimile signature of the auditor of the state.

§31-15B-3. Creation of debt service fund; disbursements to pay debt service on infrastructure general obligation bonds.

There is hereby created a special account in the state treasury, which shall be designated and known as the "West Virginia Infrastructure General Obligation Debt Service Fund", into which shall be deposited amounts pursuant to the provisions of section sixteen, article fifteen-a of this chapter, as well as any amounts appropriated by the Legislature.

§31-15B-4. Infrastructure general obligation debt service fund; sources used to pay bonds and interest; investment of remainder.

All money from any and all appropriations made by the state, all moneys transferred pursuant to the provisions of section sixteen, article fifteen-a of this chapter and all moneys from any other source whatsoever which is made liable by law for the payment of the principal of such bonds or the interest thereon shall be deposited into the infrastructure general obligation debt service fund. Moneys shall be kept by the treasurer in a separate account, under the designation aforesaid, and all moneys belonging to the infrastructure general obligation debt service fund shall be deposited in the state treasury to the credit thereof.

This fund shall be applied by the treasurer to the payment of the principal and interest on such bonds as shall become due as herein provided. Any funds remaining after certification of the amount necessary for the payment of principal and interest as provided by section sixteen, article fifteen-a and expenses authorized pursuant to section thirteen of this article shall be deposited to the credit of the infrastructure fund.

§31-15B-5. Covenants of state.

The state of West Virginia covenants and agrees with the holders of the bonds issued pursuant hereto as follows: (1) That such bonds shall constitute a direct and general obligation of the state of West Virginia; (2) that the full faith and credit of the state is hereby pledged to secure the payment of the principal and interest of such bonds; (3) that an annual state tax shall be collected in an amount sufficient to pay as it may accrue the interest on such bonds and the principal thereof; and (4) that such tax shall be levied in any year only to the extent that the moneys transferred to the infrastructure general obligation debt service fund as provided in section sixteen, article fifteen-a of this chapter which are irrevocably set aside and appropriated for and applied to the payment of the interest on and principal of any bond becoming due and payable in such year are insufficient therefor.

§31-15B-6. Sale by governor; minimum price.

The governor shall sell the bonds herein authorized at such time or times as the council, by resolution, may determine necessary to provide funds for purposes set forth in this article and article fifteen-a of this chapter. Sales shall be at not less than par and accrued interest.

The bonds must be offered for competitive bids from recognized financial investment institutions before the bonds may be sold: Provided, That the bid process is not subject to the provisions of article three-a, chapter five-a of this code. Any and all of the bids may be rejected. If the bonds are not sold pursuant to the competitive bid process, the bonds may, within sixty days after the date the bids are received, be sold at private sale: Provided, however, That no private sale shall be made at a price less than the highest bid received.

§31-15B-7. Prohibition on funds inuring to the benefit of or being distributable to directors or officers; transactions between the council and West Virginia water development authority and directors or officers having certain interests in such transactions.

No part of the infrastructure fund shall inure to the benefit of or be distributable to the commissioners of the public service commission, the council, or the West Virginia water development authority's directors or officers. The council may approve and the water development authority make loans and exercise other powers as previously specified in furtherance of their corporate purpose: Provided, That no loans shall be made, nor shall any property be purchased or leased from, or sold, leased or otherwise disposed of, to any commissioner, director or officer of the council, the public service commission or the West Virginia water development authority.

§31-15B-8. Infrastructure bonds lawful investments.

All infrastructure bonds issued pursuant to this article shall be lawful investments for banking institutions, societies for savings, building and loan associations, savings and loan associations, deposit guarantee associations, trust companies, insurance companies, including domestic for life and domestic not for life insurance companies.

§31-15B-9. Refunding bonds.

Any infrastructure general obligation bonds which are outstanding may at any time be refunded by the issuance of refunding bonds in an amount deemed necessary to refund the principal of the bonds to be refunded, together with any unpaid interest thereon; to accomplish the purpose of this article and article fifteen-a of this chapter; and to pay any premiums and commissions necessary to be paid in connection therewith. Any refunding may be effected whether the infrastructure general obligation bonds to be refunded shall have then matured or shall thereafter mature. Any refunding bonds issued pursuant to this article shall be payable from the infrastructure general obligation bond debt service fund, and shall be subject to the provisions contained in section eleven, article fifteen-a of this chapter and shall be secured in accordance with the provisions of this article.

§31-15B-10. Termination or dissolution.

Upon the termination or dissolution of the West Virginia water development authority, all rights and properties of the West Virginia water development authority with respect to the infrastructure fund shall pass to and be vested in the state, subject to the rights of bondholders, lienholders and other creditors.

§31-15B-11. Treasurer to determine financial advisor.

The treasurer shall select a competent person or firm to serve as financial advisor for the issuance and sale of general obligation bonds issued pursuant to this article.

§31-15B-12. Governor to determine bond counsel.

The governor shall select a competent person or firm to serve as bond counsel who shall be responsible for the issuance of a final approving opinion regarding the legality of the sale of general obligation bonds issued pursuant to this article. Notwithstanding the provisions of article three, chapter five of this code, bond counsel may represent the council in court, render advice to the council and provide other legal services as may be requested by the council regarding any bond issuance pursuant to this article and all other matter relating to the bond issue.

§31-15B-13. Approval and payment of all necessary expenses.

All necessary expenses, including legal expenses, incurred in the issuance of any general obligation bonds pursuant to this article shall be paid out of the infrastructure general obligation debt service fund. The amount of any expenses incurred shall be certified to the water development authority.

BILL for general supplementary appropriation.

H.B. 4665

(By Delegates Doyle, Leach, Warner,

Border, Facemyer, Miller and Walters)

(Originating in the House Committee on Finance)

[February 20, 1996]

A BILL making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the June 30, 1996, in the amount of $7,886,175 in the medical services trust fund, fund 5185, fiscal year 1996, organization 0511, all supplementing and amending the appropriation for the fiscal year ending the June 30, 1996.

Whereas, There remains an unappropriated balance in the division of human services, medical services trust fund, fund 5185, fiscal year 1996, organization 0511, which may be used for medicaid disproportionate share matching payment; therefore

Be it enacted by the Legislature of West Virginia:

That the total appropriation to the division of human services, medical services trust fund, fund 5185, fiscal year 1996, organization 0511, be supplemented and amended by increasing the total appropriation in the amount of $7,886,175 in the line items as follows:

General

Act- Revenue

ivity Fund

2a Payment to Nonstate Hospitals

2b DSH Match $ 7,886,175

The purpose of this bill is to supplement the division of human services, medical services trust fund, fund 5185, fiscal year 1996, organization 0511, in the budget act for the fiscal year ending the thirtieth day of June, one thousand nine hundred ninety-six, by adding $7,886,175 to a new line item entitled "Payments to Nonstate Hospitals DSH Match" to make disproportionate share payments to nonstate hospitals.

A BILL supplementing, amending and transferring amounts between items of the existing appropriation of division of public safety, as appropriated by Enrolled Committee Substitute for Senate Bill No. 23, acts of the Legislature, regular session, 1975, be supplemented, amended and transferred to read as follows:

1 Personal Services $ 6,203,553

2 Current Expenses 2,655,000

The purpose of this supplementary appropriation bill is to supplement, amend and transfer certain moneys from one item of the existing appropriation to another item of such appropriation for the designated spending unit. The amounts as itemized for expenditure during the fiscal year one thousand nine hundred seventy-six shall be made available for expenditure upon the effective date of this bill.

BILL for supplementing, amending, reducing and transferring.

A BILL supplementing, amending, reducing and transferring between items of the existing appropriations from the state road fund to the department of transportation, division of highways, fund 9017, fiscal year 1996, organization 0803, as originally appropriated by chapter eight, acts of the Legislature, regular session, 1995, known as the budget bill.

Be it enacted by the Legislature of West Virginia:

That the items of the total appropriations from the state road fund to fund 9017, fiscal year 1996, organization 0803, be amended and reduced in the line items as follows:

State

Act- Road

ivity Fund

16 Other Federal Aid Programs . 279 $25,000,000

17 Appalachian Programs . 280 13,000,000

And, that the items of the total appropriations from the state road fund to fund 9017, fiscal year 1996, organization 0803, be amended and increased in the line items as follows:

TITLE II--APPROPRIATIONS.

Sec. 2. Appropriations from state road fund.

DEPARTMENT OF TRANSPORTATION

89--Division of Highways

(WV Code Chapters 17 and 17C)

Fund 9017 FY 1996 Org 0803

State

Act- Road

ivity Fund

3 Maintenance, Expressway,

4 Trunkline and Feeder 270 $11,400,000

5 Maintenance, State

6 Local Services 271 11,600,000

7 Maintenance, Contract Paving

8 and Secondary Road Maintenance 272 2,000,000

10 Bridge Repair and Replacement 273 6,000,000

15 Interstate Construction 273 6,000,000

18 Nonfederal Aid Construction 281 2,000,000

The purpose of this supplementary appropriation bill is to supplement, amend, reduce and transfer between existing items in the aforesaid account for the designated spending unit. The item for other federal aid programs is reduced by twenty-five million dollars. The item for Appalachian Programs is reduced by thirteen million dollars. The item for Maintenance, Expressway Trunkline and Feeder is increased by eleven million four hundred thousand dollars. The item for Maintenance, State Local Services is increased by eleven million six hundred thousand dollars. The item for Maintenance, Contract Paving and Secondary Road Maintenance is increased by two million dollars. The item for Bridge Repair and Replacement is increased by six million dollars. The item for Interstate Construction is increased by six million dollars. The item for Nonfederal Aid Construction is increased by two million dollars. The amounts as itemized for expenditure in the fiscal year ending the thirtieth day of June, one thousand nine hundred ninety-six, shall be available for expenditure immediately upon the effective date of this bill.

BILL for expiring supplementary funds.

(By Mr. Speaker, Mr. Chambers, and Delegate Ashley)

[By Request of the Executive]

[Introduced July 14, 1996; referred to the

Committee on Finance.]

A BILL expiring funds to the unappropriated surplus balance in the state fund, general revenue, for the fiscal year ending June 30, 2997, in the amount of $14 million from the revenue shortfall reserve fund, fund 2038, organization 0201, activity 999, and making a supplementary appropriation of public moneys out of the treasury from the unappropriated surplus balance for the fiscal year ending June 30, 1997, to the governor's office - civil contingent fund, fund 0105, fiscal year 1997, organization 0100.

Whereas, The Legislature finds that it anticipates that the funds available to assist flood victims and to fund other needed infrastructure and other projects throughout the state will fall short of that needed during the fiscal year ending June 30, 1997; and

Whereas, The revenue shortfall reserve fund has a sufficient balance available for appropriation in the fiscal year ending June 30, 1997; and

Whereas, By the provisions of this legislation there now remains an unappropriated surplus balance in the state treasury which is available for appropriation during the fiscal year ending the June 30, 1997; therefore

Be it enacted by the Legislature of West Virginia:

That the balance of funds in the revenue shortfall reserve fund, fund 2038, organization 0201, activity 999, be decreased by expiring the amount of $14 million to the unappropriated surplus balance of the state fund, general revenue, and that the total appropriation for fiscal year ending the June 30, 1997, to fund 0105, fiscal year 1997, organization 0100, be supplemented and amended by increasing the total appropriation by $14 million as follows:

General

Act- Revenue

ivity Fund

1 Civil Contingent Fund--Surplus (R) 263 $ 14,000,000

The purpose of this bill is to expire the sum of fourteen million dollars from the revenue shortfall reserve fund, fund 2038, organization 0201, activity 999, and to supplement the governor's office - civil contingent fund, fund 0105, fiscal year 1997, organization 0100, in the budget act for the fiscal year ending the thirtieth day of June, one thousand nine hundred ninety-seven, by adding fourteen million dollars to the existing appropriation.

BILL for supplementary appropriation of federal funds.

A BILL making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the June 30, 1994, to the bureau of commerce - division of labor, fund 8706, fiscal year 1996, organization 0308, supplementing and amending the appropriation for the fiscal year ending June 30, 1996.

Whereas, The governor has established the availability of federal funds for continuing programs now available for expenditure in the fiscal year ending June 30, 1996, which are hereby appropriated by the terms of this supplementary appropriation bill; therefore

Be it enacted by the Legislature of West Virginia:

That the total appropriation for the fiscal year ending June 30, 1996, to fund 8706, fiscal year 1996, organization 0308, be

supplemented and amended by increasing the total appropriation by $88,468 as follows:

TITLE II--APPROPRIATIONS.

Sec. 5. Appropriations of federal funds.

BUREAU OF COMMERCE

226--Division of Labor

(WV Code Chapters 21 and 47)

Fund 8706 FY 1996 Org 0308

Act- Federal

ivity Funds

1 Unclassified--Total 096 $68,468

The purpose of this supplementary appropriation bill is to supplement this account in the budget act for the fiscal year ending the thirtieth day of June, one thousand nine hundred ninety-six, by adding sixty-eight thousand four hundred sixty-eight dollars to the existing appropriation for safety and statistical survey grant. These moneys shall be available for expenditure upon passage of this bill.

Provide for:

- Adjourning and reconvening of the Legislature;

- Extending the regular 60-day session;

- Requesting that the Joint Committee on Government and Finance conduct an interim study;

- Amending the Joint Rules of the Senate and House;

- Withdrawing from consideration by the voters the question of ratification or rejection of an amendment to the state Constitution; and

- All other actions which require concurrence by both houses but which do not require a bill or a joint resolution, such as naming a bridge or highway, expressing the sense of the Legislature on an issue, establishing a joint committee of the Legislature and authorizing the joint bills and expenses of the Legislature.

Providing for an adjournment of the Legislature until the . . . day of ......, 20__, and for reconvening prior thereto by the Committees on Rules of the Senate and of the House of Delegates.

Resolved by the Legislature of West Virginia:

That when adjournment is taken by the two Houses of the Legislature at the close of their respective sessions on the  ..... day of March, 20__, such adjournment shall be until the .... day of ..............., 20__, at 1:00 p.m., pursuant to section 23, article VI of the Constitution of the state of West Virginia, unless the Legislature is called to reconvene prior thereto by a majority vote of the Committee on Rules of the Senate and by a majority vote of the Committee on Rules of the House of Delegates, in which event such adjournment shall be until the date and time of reconvening specified by said Committees; and that the Legislature hereby expressly authorizes said Committees on Rules, to which this authority is hereby expressly delegated, to call the Legislature to reconvene this session prior to the .............. day of ..............., 20__, as herein provided.

Providing for extension beyond sixty calendar days of the Regular Session of the Seventy-first Legislature.

Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

That the first regular session of the Seventy-first Legislature is hereby extended pursuant to section 23, article VI of the Constitution of the state of West Virginia, for . . . (state any time or purpose limit here).

Requesting the Joint Committee on Government and Finance study vocational, technical and adult education in and for the state of West Virginia.

Whereas, Education for work has been and is an integral part of a total education program; and

Whereas, A significant percentage of adults of this state lack adequate education in basic and work skills areas; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study vocational, technical and adult education in and for the state; and, be it

Further Resolved, That the Joint Committee on Government and Finance . . . .

The following "Further Resolved" boiler plate paragraphs are to be placed at the end of all Joint Committee on Government and Finance interim study resolutions. The same paragraphs should be used in resolutions for studies to be conducted by committees other than the Joint Committee on Government and Finance, with the name of the appropriate committee substituted for Government and Finance. Fill in the correct year for reporting to the full Legislature, as appropriate.

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 20__, 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.

Amending Joint Rules of the Senate and House of Delegates.

Resolved by the Legislature of West Virginia:

That Joint Rule No. 11 of the Joint Rules of the Senate and House of Delegates be amended to read as follows:

11. Joint standing committees of the Senate and House shall be appointed as follows:

(1) Joint Committee on Enrolled Bills -- To consist of five members from each house.

(2) Committee on Joint Rules -- To consist of the presiding officers and two members of each house, to be appointed by the presiding officers.

(3) Such other joint committees as may be provided for by concurrent resolution. A bill or resolution referred to a joint committee may be recalled from such committee by the house in which it originated.

A joint resolution is the mechanism used to amend our state Constitution. ⁽¹⁾

A joint resolution may be used to:

- Repeal a part of the Constitution;

- Amend one or more sections of the Constitution and repeal others, in the same or different articles;

- Amend the Constitution by rewriting one or more section(s) or article(s);

- Amend the Constitution by adding one or more new section(s) or article(s);

- Amend the Constitution to authorize a general obligation bond issue; and

- Ratify a proposed amendment to the United States Constitution.

(By [insert name of sponsor] )

[Introduced ; referred to the

Committee on .)

Proposing an amendment to the Constitution of the State of West Virginia repealing section eleven, article XII thereof, relating to appropriation for state normal schools; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the State at the next general election to be held in the year 1976, which proposed amendment is that section 11, article XII be repealed.

Resolved further, That in accordance with the provisions of article eleven, chapter three of the code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered "Amendment No. 1" and designated as the "Repeal of Appropriation for State Normal Schools Amendment" and the purpose of the proposed amendment is summarized as follows: "To repeal section eleven, article twelve of the State Constitution which provides that no appropriation shall hereafter be made to any state normal school, or branch thereof, except to those already established and in operation, or now chartered."

(By [insert name of sponsor] )

[Introduced ; referred to the

Committee on .]

Proposing an amendment to the Constitution of the State of West Virginia, repealing section 10, article IV thereof; and amending sections 1 and 2 of said article, all relating to elections and officers; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the State at the next general election to be held in the year 1986, which proposed amendment is that section 10, article IV be repealed; and that sections 1 and 2 of said article be amended, all to read as follows:

ARTICLE IV. ELECTION AND OFFICERS.

§1. Eligibility to vote.

The citizens of ................

§2. Ballot voting.

In all elections by the people, the mode of voting . . .

(By [insert name of sponsor] )

[Introduced ; referred to the

Committee on .]

Proposing an amendment to the Constitution of the State of West Virginia, amending section 6, article X thereof, relating to the granting of the credit of the State and state aid to political subdivisions of the State; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the State at the next general election to be held in the year 1968, which proposed amendment is that section 6, article X thereof, be amended to read as follows:

ARTICLE X. TAXATION AND FINANCE.

§6. Credit of state not to be granted in certain cases.

The credit of the state shall not be granted to, or . . . .

NOTE: The purpose of this resolution is . . . .

(By [insert sponsor's name] )

[Introduced ; referred to the

Committee on .]

Proposing an amendment to the Constitution of the State of West Virginia, amending article VIII thereof, relating to the judiciary; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the State at the next general election to be held in the year 1968, which proposed amendment is that article VIII thereof be amended to read as follows:

ARTICLE VIII. THE JUDICIARY.

§1. Judicial power.

The judicial power of the . . . .

§2. Supreme court of appeals.

The supreme court of appeals shall . . . .

NOTE: The purpose of this resolution is to . . . .

(By [insert sponsor's name] )

[Introduced ; referred to the

Committee on .]

Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof by adding thereto a new section, designated section 15, relating to the authority of the Legislature to refer to and prospectively adopt provisions of the laws of the United States in imposing a tax on taxes on or in respect to or measured by income and limiting the authority of the Legislature to tax measures; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the State at the next general election to be held in the year 1968, which proposed amendment is that article X thereof be amended by adding thereto a new section, designated section 15, to read as follows:

ARTICLE X. TAXATION AND FINANCE.

§15. Imposition and measurement of tax on incomes by reference to laws of the United States; limitation on authority to tax incomes.

The power of taxation of the Legislature . . . .

NOTE: The purpose of this resolution is to . . . .

This section is new; therefore, underscoring and strike-throughs have been omitted.

(By [insert sponsor's name] )

[Introduced ; referred to the

Committee on .]

Proposing an amendment to the Constitution of the State of West Virginia, authorizing the issuing and selling of state road bonds in an amount not exceeding $350 million; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the State at the next general election to be held in the year 1968, which proposed amendment is as follows:

The Legislature shall have power to authorize the issuing and selling of state bonds not exceeding in the aggregate . . . .

NOTE: The purpose of this resolution is to . . . .

(By [insert sponsor's name] )

[Introduced ; referred to the

Committee on .]

Ratifying the proposed amendment to the Constitution of the United States relative to equal rights for men and women.

Whereas, The Ninety-second Congress of the United States of America at its second session by a constitutional two-thirds vote in both houses adopted a Joint Resolution proposing an amendment to the Constitution of the United States, which Joint Resolution is in the following words:

Proposing an amendment to the Constitution of the United States relative to equal rights for men and women.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three fourths of the several States within seven years from the date of its submission by the Congress:

"SECTION 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.

"SEC. 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

"SEC. 3. This amendment shall take effect two years after the date of ratification."

Therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature of the State of West Virginia hereby ratifies this proposed amendment to the Constitution of the United States; and, be it

Resolved further, That the Secretary of State of the State of West Virginia notify the Administrator of General Services, Washington, D. C., the President of the Senate of the United States and the Speaker of the House of Representatives of the United States of this action by forwarding to each of them a certified copy of this Joint Resolution adopted by the West Virginia Legislature.

NOTE: The purpose of this resolution is . . . .

The following "Resolved further" boiler plate paragraph is to be included in all joint resolutions. Amendments proposed by joint resolution will always be numbered "1" until a joint resolution has been adopted and numerically designated as "Amendment No. 1" for placement on the ballot. Amendments will then be numbered "2" until a second joint resolution has been adopted, and so on. Numbering reverts to "1" after the election on a set of numbered amendments has been held.

Resolved further, That in accordance with the provisions of article eleven, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, such proposed amendment is hereby numbered "Amendment No. 1" and designated as the "Federal Grants and County and Municipal Aid Amendment" and the purpose of the proposed amendment is summarized as follows: "To amend the State Constitution to permit the Legislature to appropriate state funds for use in matching or maximizing grants-in-aid from the Federal Government or others to any county, municipality or other political subdivision of the State and to impose or dedicate a state tax or taxes for the aid of counties, municipalities or other political subdivisions of the State."

The following language is to be used in joint resolutions to designate the election at which a proposed amendment to the state Constitution will be put to the voters. It should be inserted as the only provision that comes between the resolving clause ("Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:" and the text of proposed amendment.

That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the State at the next general election to be held in the year 1974, or at any special election held prior thereto for the purpose of presenting to the voters of the State the question of ratification or rejection of one or more constitutional amendments, which proposed amendment is as follows:

Provide for:

- Expressing the will or order of the Senate or the House on matters which do not require concurrence by the other house;

- Authorizing the House Committee on Rules to arrange a special calendar;

- Amending the Rules of the House or the Rules of the Senate;

- Commemorating or eulogizing; and

- Granting permission to introduce a bill or joint resolution after the introduction cut-off date (the 41st day of the 60-day session in the Senate and the 45th day of the 60-day session in the House).

Commemorating the passing of Walter Roy Blankenship, gentleman, humorist and statesman.

Whereas, Walter Roy Blankenship was born June 11, 1892, at Gap Mills, Monroe County, and died in the year 1966 at the age of seventy-three at Lewisburg, Greenbrier County; and

Whereas, During his long and colorful life, Walter Roy Blankenship gave unselfishly of himself to his community, his county and his state and, in so doing, left this world a better place than it was when he entered it; and

Whereas, The passing of Walter Roy Blankenship should not go unnoticed; therefore, be it

Resolved by the House of Delegates:

That regret is hereby expressed by the members at the passing of Walter Roy Blankenship, gentleman, humorist and statesman; a man who loved horses and baseball but, above all, West Virginia and his fellow man; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy . . . .

Amending House Rule Nos. 83 and 84, relating to committee meetings and hearings.

Resolved by the House of Delegates:

That House Rule Nos. 83 and 84 be amended to read as follows:

Committee Meetings

83. Meetings of all committees shall be upon a call of the chairman, but no committee . . . .

Committee Hearings

84. The introducer of a bill, and all other persons who shall so request the chairman . . . .

Amending the rules of the House of Delegates, relating to remarks in the Journal.

Resolved by the House of Delegates:

That the Standing Rules of the House of Delegates be amended by adding thereto a new rule as follows:

Inserting Remarks in Journal

132a. An address or the remarks of any member made on the floor of the House on any subject or any question before the House may be inserted in the Journal with the consent of the House only on the request of the member who made the address or remarks.

Granting permission to introduce a bill relating to minimum pay scales and employment terms for school auxiliary and service personnel; defining terms in this connection; other rights, privileges and benefits of such personnel; authorizing county boards of education to establish higher salary schedules; authority of the state board of education in relation thereto; enforcement; effective date; salaries not to be diminished; refund; and reclassification.

Resolved by the Senate of West Virginia, two thirds of the members present and voting agreeing thereto:

That in accordance with Senate Rule No. 14 [House Rule No. 91a], permission is hereby given to introduce a bill with the following title:

A BILL to amend and reenact section eight, article four, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to minimum pay scales and employment terms for school auxiliary and service personnel; defining terms in this connection; other rights, privileges and benefits of such personnel; authorizing county boards of education to establish higher salary schedules; authority of the state board of education in relation thereto; enforcement; effective date; salaries not to be diminished; refund; and relating to reclassification.

Identify Delegate(s) or committee sponsoring the amendment.

Amendments must be identified with page, section and line references, in that order.

Make sure the amendment references fit the latest printed version of the bill lodged at the Clerk's desk or in the Clerk's office.

Amendments MUST BE filed in the system prior to submitting to the Clerk's office or to the floor. Please make sure amendment is filed in correct session. ( Example: 97RS)

Make sure name of amendment filed in the system also appears on the top of the hard copy submitted to the Clerk (Name on hard copy and name in system MUST BE IDENTICAL!!!!)

DO NOT amend section headings, article headings or chapter headings by way of specific amendment. They are NOT part of statute and can be rewritten to reflect changes.

Submit four copies of each amendment to the Clerk's office.

If an entire section, article or chapter is added or stricken, amendments to title and enacting section must reflect the same.

For title and enacting section amendments, the entire new title or enacting section is submitted, with the amendments incorporated into it, rather than amendments being made to it.

In most cases, amendments are not necessary to make corrections such as grammar and misspelled words. Notify Clerk's office of corrections.

Punctuation which is at the end of inserted or stricken text is written out and appears following the closing quote. If in doubt, contact the Clerk's office.

CORRECT: Delegate Duty moves to amend the bill on page two, section two, line four, by striking out the words "and cats" and the comma.

INCORRECT: Delegate Duty moves to amend the bill on page two, section two, line four, by striking out the words "and cats,".

Delegate Rowe moves to amend the title of the bill to read as follows:

H. B. 4000--"A Bill to amend and reenact §48-2A-3b of the code of West Virginia, 1931, as amended, relating to divorce, annulment or separation."

The Committee on the Judiciary moves to amend the title of the bill to read as follows:

H. B. 4000--"A Bill to amend and reenact §48-2A-3b of the code of West Virginia, 1931, as amended, relating to divorce, annulment or separation."

Delegate Rowe moves to amend the enacting section to read as follows:

"That §48-2A-3b of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows" followed by a colon.

The Committee on the Judiciary moves to amend the enacting section to read as follows:

"That §48-2A-3b of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows" followed by a colon.

Delegates Hall and Love move to amend the bill on page ten, following line ten, by striking out all of section three.

Delegates Hall and Love move to amend the bill on page twenty, section one, line six, following the word "ten" and the comma, by striking out the words "one thousand".

Delegates Hall and Love move to amend the bill on page thirty, following line fifteen, by striking out the remainder of the paragraph (or subsection, bill, etc.).

Delegate Hall moves to amend the bill on page five, following line ten, by inserting the following:

"§10-1-5. Head tax on cats.

There shall be levied a one dollar head tax on cats."

Delegate Love moves to amend the bill on page two, section one, line three, following the word "or", by inserting the words "the dog".

Delegate Beane moves to amend the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:

"ARTICLE 2. WILDLIFE RESOURCES.

§20-2-23e. Implementation of allocation methodology.

Other provisions of this article notwithstanding, the implementation of an allocation methodology, based upon criteria identified in the three-year study of carrying capacity for the New, Gauley, Cheat, Shenandoah and Tygart rivers, the overall economic impact on the state and the safety of the general public as identified in section twenty-three-a of this article, shall be made not

later than the thirty-first day of December, one thousand nine hundred ninety-seven, by rules promulgated pursuant to chapter twenty-nine-a of this code."

Delegate Duty moves to amend the bill on page five, section one, line three, following the word "cats", by striking out the word "or" and inserting in lieu thereof the word "and".

Delegate Duty moves to amend the bill, beginning on page seven, by striking out all of section twenty-three-e and inserting in lieu thereof the following:

"§20-2-23e. Implementation of allocation methodology.

Other provisions of this article notwithstanding, the implementation of an allocation methodology, based upon criteria identified in the three-year study of carrying capacity for the New, Gauley, Cheat, Shenandoah and Tygart rivers, the overall economic impact on the state and the safety of the general public as identified in section twenty-three-a of this article, shall be made not later than the thirty-first day of December, one thousand nine hundred ninety-seven, by rules promulgated pursuant to chapter twenty-nine-a of this code."

Refer to the following pages for specific examples of committee and floor amendments. A combination of these examples may be necessary for your particular needs. If you cannot find the appropriate example to follow, call 7892.

The Journal and Bill Editing Staff are the individuals who ultimately proof and edit your work before it is sent to the printer as journal or bill text. We welcome your questions. It makes our job easier when your work is submitted as accurately as possible.

Amendment Boilerplates:

SC BP 140 Committee Amendment Form

SC BP 143 Committee Amendment - Enacting Section

SC BP 145 Committee Title Amendment Form

SC BP 150 Floor Amendment Form

SC BP 153 Floor Amendment - Enacting Section

SC BP 155 Floor Title Amendment Form

Naming Conventions--Committee Amendments:

SB88 S JUD AM #1

SB88 S JUD AMT

HB2005 S GOV AM #1

HB2005 S GOV AM #2

SB88 = Bill type & number

S = Senate

JUD = Judiciary (Committee Abbreviation)

AM = Amendment

AMT = Amendment to Title

#1 = Indicates set of amendments adopted by the committee; on occasion a bill may be re-referred to committee and a second set of amendments may be adopted.

Number of Copies--Committee Amendments:

You will need four copies of each set of amendments. Attach one set of amendments to each of the four committee report forms.

Filing Location--Committee Amendments:

Be sure to ask the Senator who is offering a floor amendment is he objects to the amendment being filed in Central Files before it is reported on the Senate floor. Make the Senator aware that anyone in the House or Senate with access can review Central Files. If the Senator does not want the amendment filed in Central Files, save the document to disk and submit it with your hard copy.

NOTE: There is a macro on your toolbar for filing committee documents to Central Files.

Naming Conventions--Floor Amendments:

SB200 SFA TOMBLIN 1-14 #1

SB200 SFA TOMBLIN 1-14 #2

HB2231 SFA CHAFIN 2-5 #1

HB2231 SFAT CHAFIN 2-5

SB200 = Bill type & number

SFA = Senate Floor Amendment

SFAT = Senate Floor Amendment to Title

TOMBLIN = Last name of person sponsoring amendment

1-14 = Date typed

#1 = Indicates set of amendments to the same bill. A Senator may have more than one set he is considering for introduction.

Number of Copies--Floor Amendments:

The Chief Desk Clerk will need four copies of each set of amendments. In addition, your Senator may or may not choose to have 34 copies made for distribution to all of the members when the amendment is reported on the Senate floor.

Filing Location--Floor Amendments:

Be sure to ask the Senator who is offering a floor amendment is he objects to the amendment being filed in Central Files before it is reported on the Senate floor. Make the Senator aware that anyone in the House or Senate with access can review Central Files. If the Senator does not want the amendment filed in Central Files, save the document to disk and submit it with your hard copy.

IN ANY CASE, DO NOT LEAVE FOR THE DAY WITHOUT FILING FLOOR AMENDMENTS TO CENTRAL FILES OR SUBMITTING A DISK.

NOTE: There is a macro on your toolbar for filing documents to Central Files.

Committee staff should work from the original bill which has been referred by the Clerk's Office. The original bill may contain bill editing that is not shown in the bill being distributed by the Bill Room; i.e., style corrections in the title and enacting section, grammar, misspelled words, etc.

In any case, be sure to use the latest version of the printed bill for correct page and line numbers. The usual procedure is for the introduced duplicated copy of the bill to be printed commercially after it has been reported from committee and placed on the First Reading Calender. If the bill is amended on Second Reading, the bill is again printed commercially and noted as the Engrossed bill.

Title and enacting section amendments should be prepared as separate amendments. Title amendments are always considered separately. Oftentimes, enacting section amendments must be considered separately.

In preparing title and enacting section amendments, remember citations go in numerical order by chapter. Citations being repealed come first; then amend and reenact; then new citations.

TITLE AMENDMENT

The Committee on the Judiciary moved to amend the bill on pages one through three, by striking out the title and substituting therefor a new title, to read as follows:

Eng. Com. Sub. for Senate Bill No. 75--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-24a; to amend and reenact §17B-3-9 of said code; and to amend and reenact §17C-5A-1, §17C-5A-2 and §17C-5A-2a of said code, all relating to department of public safety; drunk driving enforcement unit; established purpose; the department of motor vehicles; drunk driving enforcement unit established; purpose; surrender and return of license; willful refusal to return; increasing the additional fee for reinstatement; implied consent to administrative procedure; revocation for driving under the influence of alcohol, controlled substances or refusal to submit to secondary chemical test; issuing a temporary license; impounding of a vehicle; hearing; and revocation.

ENACTING SECTION AMENDMENT:

Senator Craigo moved to amend the bill on pages one and two, by striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:

That sections §59-5D-1 and §59-5D-3of the code of West Virginia, 1931, as amended, be amended and reenacted; that §49-6-2, §49-6-3, §49-6-5 and §49-6-11 be amended and reenacted; that said article be further amended by adding thereto a new section, designated §49-6-11; that §49-6D-3 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §49-7-30; that §61-8B-11a of said code be amended and reenacted; and that §61-8D-9 of said code be amended and reenacted, all to read as follows:

AMENDMENTS:

The Committee on the Judiciary moved to amend the bill on page two, section two, line fifteen, by striking out the word "their" and inserting in lieu thereof the word "this";

On page two, section three, by striking out the section caption and substituting therefor a new section caption, to read as follows:

§17C-22-3. Common carrier laws do not apply to ridesharing;

requiring liability insurance.;

On page four, section three, lines sixty-nine and seventy, by striking out the words "or regulations";

On page four, section three, line eighty, after the word "agency" by changing the period to a colon and inserting the following: Provided, That the subject rangers shall pay the tuition and costs of training.;

And,

On page five, section three, line ten, after the word "article." by adding the following: In the case of a member who died during active duty, such flag shall be provided by the secretary of state at no charge.

The Committee on the Judiciary moved to amend the bill on pages thirty and thirty-one, after line eighty-four, by striking out all of section nineteen;

And, by renumbering the remaining section.

Senator Ross moved to amend the bill on page eight, section four, after line four, by adding a new subsection, designated subsection (d), to read as follows:

(d) The operator of a one-call system as defined herein shall establish, within two years of the effective date of this article, a service facility above ground to receive calls, dispense information and comply with the provisions of this article.

Senators Jackson and Wagner moved to amend the bill on page two, section fifteen-b, line three, after the word "weapon" by inserting a period and striking out the remainder of the paragraph;

And,

On page five, after the article heading, by inserting the following:

§42-1-5. Inheritance by, from and through illegitimates.

(a) Illegitimates shall be treated as the children of their mother and their determined father for the purposes of inheriting from and through such mother and determined father and for transmitting inheritance to such mother and determined father or their heirs: Provided, That a determined father and his heirs shall not inherit from or through the child unless such determined father has openly treated the child as his and has not refused or failed to support the child.

(b) As used in this section, the term "determined father" means any person who:

(1) Has been found guilty under the provisions of article seven, chapter forty-eight of this code; or

(2) Can be shown to be the child's father and who has acknowledged his parental status by admitting paternity.

AMENDMENT - STRIKING OUT EVERYTHING AFTER ENACTING CLAUSE:

The Committee on Finance moved to amend the bill on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

That §2-2-1a of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 2. LEGAL HOLIDAYS; SPECIAL MEMORIAL DAYS; CONSTRUCTION OF STATUTES; DEFINITIONS.

§2-2-1a. Special memorial days.

The governor shall, by proclamation, declare the fifteenth day of January of each year as a special memorial day, but not a legal holiday, to be known as Martin Luther King Day. Martin Luther King Day may be observed by any public employee, who shall not be refused time off from employment for that day: Provided, That such day of absence shall be charged to the employee's annual or accrued vacation leave.

AMENDMENT - STRIKING OUT EVERYTHING AFTER ENACTING SECTION

The Committee on the Judiciary moved to amend the bill on page one, by striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 1. DESCENT.

§42-1-5. Inheritance by, from and through illegitimates.

(a) Illegitimates shall be treated as the children of their mother and their determined father for the purposes of inheriting from and through such mother and determined father and for transmitting inheritance to such mother and determined father or their heirs: Provided, That a determined father and his heirs shall not inherit from or through the child unless such determined father has openly treated the child as his and has not refused or failed to support the child.

(b) As used in this section, the term "determined father" means any person who:

(1) Has been found guilty under the provisions of article seven, chapter forty-eight of this code; or

(2) Can be shown to be the child's father and who has acknowledged his parental status by contributing to the child's support, by living with the mother at the time of conception or admitting paternity by any means.

AMENDMENT - STRIKING OUT EVERYTHING & INSERTING PROVISIONS OF SENATE BILL

The Committee on Finance moved to amend the bill on page one, by striking out everything after the enacting clause and inserting in lieu thereof the provisions of Engrossed Senate Bill No. 484.

AMENDMENT - STRIKING OUT REMAINDER OF BILL & INSERTING

The Committee on the Judiciary moved to amend the bill on page four, section thirty-five, after line forty-three, by striking out the remainder of the bill and inserting in lieu thereof the following:

(b) As a condition of remaining in good standing with the lending institution and the state and as a condition of having the loan renewed for up to four years, the loan recipient shall receive supervsion and counseling provided by the small business development center. Eligible small businesses shall also grant the lending institution the right to provide information on the status of the loan to the small business development center so as to assist the small business.

(b) (c) The small business development center and the treasurer shall take any and all steps necessary to implement, advertise and monitor compliance with the linked deposit program. and monitor compliance of eligible lending institutions. The small business development center shall monitor the compliance of eligible small businesses.

(c) (d) By the first thirty-first day of January of each year, the small business development center shall report on the linked deposit program for the preceding calendar year to the West Virginia development office, which shall then report to the joint committee on government and finance. The reports shall set forth the name of the small business, terms, delinquency and default rates, job growth, gross income evaluation and amounts of the loans upon which the linked deposits were based.

I. Joint Rule 3

Conference committees consist of 5 members from each house, unless otherwise agreed upon.

Conference committees shall consider and report on only the subject matter of the amendments which were in disagreement, with necessary consequential changes.

Conference committees agreed to within the first 51 days of a regular session have 7 days to report, except that the conference may be extended for up to 3 additional days by concurrent resolution adopted by a majority of those present and voting in each house.

Conference committees agreed to after the 51^st day, or any time during an extraordinary session, have 3 days to report, except that the conference may be extended for up to 1 additional day by concurrent resolution adopted by a majority of those present and voting in each house.

Before being taken up for consideration, copies of conference committee reports must be made available to members of each house and the public, and availability must be announced by the clerk during a floor session.

Reports made available on any day up to and including Day 59 must lie over 1 day and may not be considered until the next legislative day.

Any report made available on Day 60, or any day during an extraordinary session, must lie over for a period of 2 hours, which begins when the availability of the report is announced on the floor of the house in which it is to be considered. The 2-hour waiting period may be waived by a 2/3 vote of the members of that house present.

All reports must be available and announced as available by 6:00 p.m. on Day 60, unless this part of the rule is suspended by concurrent resolution adopted by 2/3 of the members present in each house.

II. Drafting Conventions

Drafting conventions are not required by rule or law. They have been developed over time to promote uniformity and to facilitate the printing of the journal. Legislative attorneys are requested to adhere to these conventions as much as possible.

Reports should be double-spaced with lines, and the pages should be numbered.

Lines should be numbered for reports which incorporate any code text, to facilitate discussion of the report.

Strike-throughs and underscores should be used whenever practicable to indicate revisions to the current code (not to other versions of the bill).

The words "Respectfully submitted" should be typed at the bottom of the report above the signature lines, which indicate the name of each conference committee member in large and small capital letters. There is no rule as to whether House or Senate members should be listed first, but generally Senate members are listed first (on the left) on a Senate bill and House members are listed first (on the left) on a House bill.

There should be 6 copies to which original signatures are affixed. The copies should be identical except for the first phrase of the report, as 3 original copies should be prepared with the name of the Senate Chair and 3 original copies should be prepared with the name of the House of Delegates Chair. All 6 copies must be signed by at least a majority of the members of each house.

HB2800 CC #1 3/6

90 DAYS

Delegate Beach, from the Committee of Conference on matters of disagreement between the two houses, as to

H. B. 2800, Enactment of the southern dairy compact,

Submitted the following report, which was received:

Your Committee of Conference on the disagreeing votes of the two houses as to the amendments of the Senate to Engrossed House Bill No. 2800 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses as follows:

That the House of Delegates agree to the Senate amendments. Respectfully submitted,

__________________________ ________________________

Robert C. Beach, Mike Ross

__________________________ ________________________

Larry A. Williams, Homer Ball,

__________________________ ________________________

E. W. Anderson, Sarah M. Minear,

Conferees on the part Conferees on the part

of the House of Delegates. of the Senate.

HB4687 CC 3/14

90 DAYS

Delegate Campbell, from the Committee of Conference on matters of disagreement between the two houses, as to

H. B. 4687, Technical changes and corrections to corporation net income tax laws,

Submitted the following report, which was received:

Your Committee of Conference on the disagreeing votes of the two houses on the amendment of the Senate to H. B. 4687 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:

That the Senate recede from its amendment to the bill and to its title.

Respectfully submitted,

__________________________ ________________________

Thomas Campbell, Roman W. Prezioso, Jr.,

__________________________ _________________________

William R. Laird, Robert H. Plymale,

__________________________ _________________________

Charles Clements, Sarah M. Minear,

Conferees on the part Conferees on the part

of the House of Delegates. of the Senate.

SB148 CC #1 3/13

90 DAYS

Senator Kessler, from the Committee of Conference on matters of disagreement between the two houses, as to

Com. Sub. for S. B. 148, Increasing penalty for sexual misconduct with a child,

Submitted the following report, which was received:

Your Committee of Conference on the disagreeing votes of the two houses as to the amendments of the House to Com. Sub. for S. B. 148 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses as follows:

That both houses recede from their respective positions as to the amendments of the House and agree to the same as follows:

On page three, section five, line twenty-one, by striking out the words "or assist".

On page four, section five, line thirty-eight, by striking out the words "or assist".

On page four, section five, line fifty, by striking out subsection (d) in its entirety.

And,

By relettering the subsequent subsection.

And,

That both houses recede from their respective positions as to the title of the bill and agree to the same as follows:

Com. Sub. for S. B. 148 -- "A BILL to amend and reenact §61-8D-5 of the code of West Virginia, 1931, as amended, relating generally to criminal penalties for engaging or procuring another to engage in sexual misconduct with a child; adding parents to persons to whom the criminal penalties apply; and increasing the penalties against a parent, guardian or custodian who engages or procures another person to engage in sexual misconduct with a child." Respectfully submitted,

_______________________ _______________________

Jeffrey V. Kessler, K. Steven Kominar,

_______________________ _______________________

Homer Ball, John Pino

_______________________ _______________________

Larry Kimble, Carl C. Thomas,

Conferees on the part Conferees on the part

of the Senate. of the House of Delegates.

HB4098 CC #1 3/6

90 DAYS

Delegate Hunt, from the Committee of Conference on matters of disagreement between the two houses, as to

Com. Sub. for H. B. 4098, Penalties for assault against correctional employees, humane officers, emergency medical technicians and firefighters,

Submitted the following report, which was received:

Your Committee of Conference on the disagreeing votes of the two houses as to the amendments of the Senate to Com. Sub. for H. B. 4098 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses as follows:

That both houses recede from their respective positions as to amendments of the Senate, striking out everything following the enacting clause and inserting new language, and agree to the same as follows:

That §61-2-10b of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-10b. Malicious assault; unlawful assault; battery and recidivism of battery; assault on police officers, conservation officers, humane officers, emergency medical service personnel, firefighters, fire marshal and county or state correctional employees; penalties.

(a) Malicious assault. -- If any Any person who maliciously shoots, stabs, cuts or wounds or by any means causes bodily injury with intent to maim, disfigure, disable or kill a police officer, conservation officer, humane officer, emergency medical service personnel, firefighter, state fire marshal or employee, county correctional officer employee or state correctional officer employee acting in his or her official capacity and the person committing the malicious assault knows or has reason to know that the victim is a police officer, conservation officer, humane officer, emergency medical technician service personnel, firefighter, state fire marshal or employee, county correctional officer employee, or state correctional officer employee acting in his or her official capacity, then the offender shall be is guilty of a felony and, upon conviction, shall be punished by confinement in the penitentiary confined in a correctional facility for not less than three nor more than fifteen years.

(b) Unlawful assault. -- If any Any person who unlawfully but not maliciously shoots, stabs, cuts or wounds or by any means causes a police officer, conservation officer, humane officer, emergency medical service personnel, firefighter, state fire marshal or employee, county correctional officer employee acting in his or her official capacity or state correctional officer employee acting in his or her official capacity, bodily injury with intent to maim, disfigure, disable or kill said officer person and the person committing the unlawful assault knows or has reason to know that the victim is a police officer, conservation officer, humane officer, emergency medical service personnel, firefighter, state fire marshal or employee, county correctional officer employee or state correctional officer employee acting in his or her official capacity, then the offender is guilty of a felony and, upon conviction, shall be confined to the penitentiary for a period of in a correctional facility for not less than two years nor more than five years.

(c) Battery. -- If any Any person who unlawfully, knowingly and intentionally makes physical contact of an insulting or provoking nature with a police officer, conservation officer, humane officer, emergency medical service personnel, firefighter, state fire marshal or employee, county correctional officer employee or state correctional officer employee acting in his or her official capacity, or unlawfully and intentionally causes physical harm to a police officer, conservation officer, humane officer, emergency medical service personnel, firefighter, state fire marshal or employee, county correctional officer employee, or state correctional officer employee acting in such capacity, said person is guilty of a misdemeanor and, upon conviction thereof, shall be confined to in the county or regional jail for not less than one month nor more than twelve months, or fined the sum of five hundred dollars, or both fined and imprisoned. If any person commits a second such offense, then such person he or she is guilty of a felony and, upon conviction thereof, shall be confined in the state a correctional facility for not less than one year nor more than three years or fined the sum of one thousand dollars or both fined and imprisoned confined. Any person who commits a third violation of this subsection is guilty of a felony and, upon conviction, shall be confined in the state a correctional facility not less than two years nor more than five years or fined not more than two thousand dollars or both fined and imprisoned confined.

(d) Assault. -- If any Any person who unlawfully attempts to commit a violent injury to the person of a police officer, conservation officer, humane officer, emergency medical service personnel, firefighter, state fire marshal or employee, county correctional officer employee, or state correctional officer employee or unlawfully commits an act which places a police officer, conservation officer, humane officer, emergency medical service personnel, firefighter, county correctional officer employee, or state correctional officer employee acting in his or her official capacity in reasonable apprehension of immediately receiving a violent injury, he shall be is guilty of a misdemeanor and, upon conviction, shall be confined in the county or regional jail for not less than twenty-four hours nor more than six months, or fined not more than two hundred dollars, or both. such fine and imprisonment.

(e) Police officer defined. -- As used in For purposes of this section, a "police officer" means any officer person employed by the division of public safety state police, any county law-enforcement agency, any officer person employed by the state to perform law-enforcement duties, or any police officer person employed by any city or municipality a political subdivision of this state who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of this state or employed as a special police officer as such is defined in section forty-one, article three, chapter sixty-one of this code.

That both houses recede from their respective positions as to the title of the bill and agree to the same as follows:

Com. Sub. for H. B. 4098 -- "A BILL to amend and reenact §61-2-10b of the code of West Virginia, 1931, as amended, relating to crimes against the person; assaults and batteries on enumerated persons; extending protections of section to humane officers, emergency medical personnel, firefighters, state fire marshal or employee, state and county correctional employees and special police; and penalties."

Respectfully submitted,

____________________ _______________________

Mark A. Hunt, Randy Schoonover,

____________________ _______________________

Rick Staton, Jeffrey Kessler,

____________________ ________________________

Larry V. Faircloth, Frank Deem,

Conferees on the part Conferees on the part

of the House of Delegates. of the Senate.

Refer to the following pages for specific examples of conference committee reports. A combination of these examples may be necessary for your particular needs. If you cannot find the appropriate example to follow, call 7892.

The Journal and Bill Editing Staff are the individuals who ultimately proof and edit your work before it is sent to the printer as journal or bill text. We welcome your questions. It makes our job easier when your work is submitted as accurately as possible.

Boilerplates:

SC BP 130 Conference Committee Report for Senate Bills

SC BP 135 Conference Committee Report for House Bills

CR BP H Conference Committee Report Signature Lines for House Bills

CR BP S Conference Committee Report Signature Lines for Senate Bills

Naming Conventions:

SB400 CC #1 3-1

SB400 CC #2 3-2

HB1003 CC #2 3-6

SB400 = Bill type & number

CC = Conference Committee

#1 = Indicates version of report in case the committee preparesmore than one report before agreement is reached

3-6 = Date typed

Effective Date:

90 DAYS (IN THE PAST SOME REPORTS HAVE

FROM PASSAGE BEEN SUBMITTED WITH A "REGULAR"

JULY 1, 2002 EFFECTIVE DATE. THIS IS INCORRECT!)

The effective date takes one of the above forms. The last example (July 1, 2002) may be another date certain, such as January 1, 2002.

Signature Spaces:

Senate Instruments: If the bill in conference is a Senate bill or resolution, signature spaces for Senators should be typed on the right side of the report and signature spaces for Delegates should be typed on the left side of the report. (Use Boilerplate "CR BP S")

House Instruments: If the bill in conference is a House bill or resolution, signature spaces for Delegates should be typed on the right side of the report and signature spaces for Senators should be typed on the left side of the report. (Use Boilerplate "CR BP H")

Number of Copies:

Prepare six copies of each conference committee report--three to be submitted by the Senate chairman and three to be submitted by the House of Delegates chairman.

Remember the Original Bill:

As with all committee reports, the original Senate bill in the blue back must be submitted with the conference committee report before any floor action can be taken.

Filing Location:

NOTE: There is a macro on your toolbar for filing documents to Central Files.

SB400 CC #1 3-2

90 DAYS

Senator Tucker, from the committee of conference on matters of disagreement between the two houses, as to

Eng. Com. Sub. for Senate Bill No. 400, Providing special leave for state employees absent from duties due to reason covered by workers' compensation laws.

Submitted the following report, which was received:

Your committee of conference on the disagreeing votes of the two houses as to the amendments of the House to Engrossed Committee Substitute for Senate Bill No. 400 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:

That both houses recede from their respective positions as to the amendment of the House of Delegates on page two, section ten-a, line two, by striking out the words "thirty-seven thousand four hundred and fifty" and inserting in lieu thereof the words "thirty-eight thousand";

That both houses recede from their respective positions as to the amendment of the House of Delegates on page two, section thirteen, lines six and seven, by striking out the words "thirty-three thousand five hundred" and inserting in lieu thereof the words "thirty-five thousand five hundred";

That the Senate agree to the amendment of the House of Delegates by striking out all of section six-c;

That the Senate agree to the amendment of the House of Delegates by amending the enacting section to read as follows:

That §51-1-10a of the code of West Virginia, 1931, as amended, be amended and reenacted; and that §51-2-13 of said code be amended and reenacted, all to read as follows:;

And,

That the Senate agree to the House amended title.

Respectfully submitted,

George E. Farley, Larry A. Tucker,

Chair, Chair,

Marion W. Shiflet, Oshel B. Craigo,

Larry D. Swann, C. N. Harman,

Conferees on the part Conferees on the part

of the House of Delegates. of the Senate.

CONFERENCE REPORT - SENATE BILL

SC BP 130

CR BP S

SB35 CC #1 2-28

JULY 1, 2002

Senator Tomblin, from the committee of conference on matters of disagreement between the two houses, as to

Eng. Com. Sub. for Senate Bill No. 35, Authorizing board of hearing-aid dealers to promulgate legislative rules.

Submitted the following report, which was received:

Your committee of conference on the disagreeing votes of the two houses as to the amendments of the House to Engrossed Committee Substitute for Senate Bill No. 35 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:

That the Senate agree to the amendments of the House of Delegates to the bill and its title.

Respectfully submitted,

Marjorie H. Burke, Earl Ray Tomblin,

Chair, Chair,

James F. Humphreys, John Pat Fanning,

Larry D. Swann, Mike Shaw,

Conferees on the part Conferees on the part

of the House of Delegates. of the Senate.

CONFERENCE REPORT - SENATE BILL

SC BP 130

CR BP S

HB1001 CC #1 1-31

90 DAYS

Senator Boettner, from the committee of conference on matters of disagreement between the two houses, as to

Eng. Com. Sub. for House Bill No. 1001, Stating policy of requiring gubernatorial intervention in labor crisis.

Submitted the following report, which was received:

Your committee of conference on the disagreeing votes of the two houses as to the amendments of the Senate to Engrossed Committee Substitute for House Bill No. 1001 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:

That the Senate recede from its amendment on page eight, section six, line five, changing the period to a comma and inserting the words "and in the event of a taking pursuant to the provisions of section five (a) of this article of property rights and interest other than title to corporeal signs, displays or devices, to pay to the owner of such signs, displays or devices the removal costs thereof.";

And,

That the House of Delegates agree to all other Senate amendments to the bill, including the Senate amendment to the title.

Respectfully submitted,

John Si Boettner, Sarah Lee Neal,

Chair, Chair,

Robert K. Holliday, James F. Humphreys,

Donna J. Boley, John H. Reed III,

Conferees on the part Conferees on the part

of the Senate. of the House of Delegates.