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Wednesday, March 7, 2007

FIFTY-SEVENTH DAY

[Mr. Speaker, Mr. Thompson, in the Chair]



The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Tuesday, March 6, 2007, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 5, Requesting the Joint Committee on Government and Finance to study the Office of Miners' Health Safety and Training,
H. C. R. 45, Requesting the Committee on Government and Finance to conduct a study on the adequacy and the abuse of laws regulating the availability of motor vehicle parking facilities for persons with mobility impairments,
H. C. R. 46, Requesting the Committee on Government and Finance to conduct a study on making the offense of operating a passenger vehicle in which the operator and passengers are not wearing a safety belt a primary offense,
H. C. R. 65, The "Oscar Robert England Bridge",
H. C. R. 68, Requesting the Joint Committee on Government and Finance to make a study on developing an efficient system to promote universal access to comprehensive services that provide quality early childhood development,
H. C. R. 72, The H. E. "Homer" Lilly Bridge,
H. C. R. 73, Requesting the Joint Committee on Government and Finance to conduct a study on the need to modify the exemptions allowed in bankruptcy proceedings,
H. R. 33, Encouraging the creation of a West Virginia Civics Literacy Council,
And,
S. C. R. 51, Requesting Governor proclaim December 7th each year "State Day of Remembrance" honoring WV WWII patriots,
And reports the same back with the recommendation that they each be adopted.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 511, Repealing code section relating to insurance policies,
And reports the same back with the recommendation that it do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 386, Exempting public disclosure of specific public utility plant engineering plans,
S. B. 396, Exempting site-specific data on certain rare plant or animal species from disclosure,
Com. Sub. for S. B. 521, Relating to civil penalties issued for criminal and civil violations in Hatfield-McCoy Regional Recreation Area,
Com. Sub. for S. B. 606, Distributing application for absentee voting by electronic mail,
S. B. 616, Relating to election ballots,
Com. Sub. for S. B. 713, Relating to campaign finance filings,
And,
S. B. 747, Creating Municipal Home Rule Pilot Program,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 76, Setting particular penalties for underage drinking,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Resolutions Introduced

Mr. Speaker, Mr. Thompson, and Delegates Caputo, Fragale and DeLong offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 76 - "Requesting the Joint Committee on Government and Finance study the feasibility, effectiveness and desirability of granting salary increases to Division of Corrections employees based on years of service, providing for retention incentives for Division of Corrections employees and providing that correctional officers may retire with full benefits after twenty-five years of service."
Whereas, West Virginia Division of Corrections enhances public safety by providing a safe, secure, humane correctional system, including an effective community supervision program, opportunities to prepare offenders for successful re-entry, and sensitivity and responsiveness to victims of crime; and
Whereas, The priority of the Division of Corrections is the protection of the public, staff and offenders through the highest degree of professional performance at all times and the work performed by Division of Corrections employees is vital to achieving such a priority; and
Whereas, Division of Corrections employees seek opportunities that develop or enhance professional knowledge, skills and abilities with fairness, honesty, consideration and dignity while recognizing diversity; and
Whereas, Division of Corrections employees effectively perform their duties to the best of their abilities through training, trust and teamwork; and
Whereas, Division of Corrections employees exhibit the highest degree of ethical behavior, professional excellence, quality, and competence; and
Whereas, Division of Corrections employees should be compensated at an adequate level for their service as meaningful servants to the state; and
Whereas, Consideration and evaluation of the salary and benefits for the Division of Corrections employees is necessary for the continuation of the high standards exhibited by the Division of Corrections; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility, effectiveness and desirability of granting salary increases to Division of Corrections employees based on years of service, providing for retention incentives for Division of Corrections employees and providing that correctional officers may retire with full benefits after twenty-five years of service; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Swartzmiller, Iaquinta, Ennis, Longstreth, Pethtel, Shook, Staggers, Azinger and Tansill offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 77 - "Requesting the Joint Standing Committee on Government and Finance to conduct a study of the effects of the REAL ID Act of 2005 on Homeland Security functions at the state level and the role of Biometric Identification Systems in the development and implementation of security standards."
Whereas, Congress passed the REAL ID Act of 2005 as part of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief Act; and
Whereas, The U.S. Department of Homeland Security has established minimum security standards for state-issued driver's licenses and identification cards to bring states into compliance with the provisions of the REAL ID Act by May 11, 2008; and
Whereas, The provisions of the REAL ID Act are a direct result of recommendations made by the 9/11 Commission in response to the hijackers' ability to obtain driver's licenses using false information; and
Whereas, The U.S. Department of Homeland Security may make grants to assist states in conforming with the minimum federal standards of the REAL ID Act, further study is needed to determine the specific costs to the state; and
Whereas, The REAL ID Act requires states to employ technology to retain digital images of identity source documents in electronic storage and to subject each person applying for a driver's license or identification card to mandatory "facial image capturing"; and
Whereas, Congress has mandated that states transition over the next several years to a system whereby driver's licenses can be used as identification for a whole host of purposes, such as, providing greater security, more convenience and additional protection of privacy than current identification systems; and
Whereas, Biometrics refers to automated mechanisms which measure physiological and behavioral characteristics that can be used to identify, record or audit an individual's transactions, provide security access to computer systems or provide physical access to facilities; and
Whereas, Biometric technologies could mitigate security risks and enable the proper authorities to better combat terrorism and illegal immigration, track sex offenders, reduce fraud, and increase government efficiencies through identity management systems; and
Whereas, West Virginia is in a position to leverage its expertise in biometric identification technologies in cooperation with the Department of Defense Biometric Fusion Center located in Clarksburg, West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Standing Committee on Government and Finance is hereby requested to study the effects of the REAL ID Act of 2005 on Homeland Security functions at the state level and the role of Biometric Identification Systems in the development and implementation of security standards.; and, be it
Further Resolved, That the Joint Standing Committee on Government and Finance appoint an interim committee to conduct the study, composed of a designated number of Senators appointed by the President of the Senate, nine members of the House Committee on Veterans Affairs and Homeland Security appointed by the Speaker of the House of Delegates and chaired by the House Homeland Security Chairman; and be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Longstreth, Caputo, Manchin, Fleischauer, Sumner, Duke, Blair, J. Miller and Overington offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 78 - "Requesting the Joint Committee on Government and Finance study what the appropriate amount for the homestead exemption in the State should be, as well as, the appropriate means for placing a value on the exemption.:
Whereas, There is a strong interest among the citizens of West Virginia regarding what the appropriate amount should be for the homestead exemption as provided in the West Virginia Constitution; and
Whereas, This interest is demonstrated by the numerous resolutions introduced every year in the Legislature to change the amount of the homestead exemption in various ways including means testing, increasing the exemption by certain amounts, freezing the valuation and others; and
Whereas, Many senior citizens live on fixed incomes and are fearful of their ability to continue to pay their residential property taxes in a time of rising property values; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the fiscal and public policy implications of the various suggestions regarding an amendment to the homestead exemption; and, be it
Further Resolved, That the Joint Committee on Government and Finance specifically study what an appropriate amount should be, as well as, an appropriate method of valuation; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Webster, Azinger, Brown, Burdiss, Eldridge, Ellem. Ellis, Fleischauer, Guthrie, Hamilton, Hrutkay, Kessler, Lane, Long, Longstreth, Mahan, Miley, Moore, Overington, Pino, Proudfoot, Schadler, Shook, Sobonya, Stemple, Tabb and Varner offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 79 - "Requesting the Joint Committee on Government and Finance study West Virginia's costs for incarceration."
Whereas, In the Seventy-eighth Legislature of West Virginia, a number of bills were introduced in the Legislature designed to address the burden of the cost of incarceration for state, county, local and municipal organizations; and
Whereas, These proposed pieces of legislation appear to reflect a perception and recognition that the cost of incarceration for political subdivisions in West Virginia is a growing financial burden and concern, with a growing need to address, understand and better share the costs of incarceration; and
Whereas, Rising costs of incarceration threaten the economic stability and viability of respective political subdivisions who currently bear the cost of incarceration, often diverting public funds from other necessary governmental functions and obligations, causing debt and onerous financial strain which the political subdivisions of West Virginia often find difficult to bear; and
Whereas, Proper, appropriate and economically viable facilities of incarceration are an essential aspect of government at every level; and
Whereas, Paying for the cost of incarceration for political subdivisions is a necessary and proper governmental function; and
Whereas, The costs of incarceration should bear an equitable relationship to use and facility, which equity many political subdivisions in West Virginia feel is not balanced; and
Whereas, Despite the efforts of the Seventy-eighth Legislature in the year two-thousand and seven, problems continue to exist which need to be studied; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is requested to study West Virginia's incarceration costs, the methods for levying payment of those costs on prospective political subdivisions in West Virginia, and feasible methods for equitably sharing those costs among West Virginia's political subdivisions; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Boggs, Hrutkay, Anderson, Ashley, Campbell, Carmichael, Doyle, Evans, Klempa, Manchin, Marshall, Perdue, M Poling, Rodighiero, Tucker, White and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 80 - "Requesting the Committee on Government and Finance to conduct a study on transportation safety in West Virginia, including traffic control, traffic safety and design safety as well as safety in the transportation of hazardous waste upon the roads, highways and railways of the state, as well as identifying potential sources of funding for transportation safety measures."
W
HEREAS , It is the desire of the Legislature to promote and protect the health and safety of the citizens of this state and facilitate practical safety measures with regard to the operation of motor vehicles, locomotives and railroad vehicles as well as other modes of transportation on the streets, highways and railroads of this state and to reduce the incidence of fatalities and serious injury and illness; and
W
HEREAS , The problem of transportation of an ever increasing amount of hazardous waste continues to be a major concern to the health and safety of the citizens of this state as well as a continued potential threat to the environment; and
W
HEREAS , Many of the major highways and railways in this state are increasing being utilized as major arteries for the interstate shipping and transportation of commercial and industrial goods and materials by long haul tractor-trailers and other commercial vehicles as well as by railway containers; and
W
HEREAS , The various state and local agencies responsible for the provision and implementation of transportation safety measures are performing their duties in a competent and professional manner, but are doing so within the constraints of current law and financial restrictions; and
W
HEREAS , The Legislature desires to identify safety measures which would supplement and improve upon the current provisions for safety already being utilized, to improve transportation safety for the citizens of West Virginia, as well as identifying additional sources of funding for transportation safety; and
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HEREAS , Any improvements to transportation safety could potentially create economic benefits, including, but not limited to, increased economic productivity as well as reductions in property damage, medical costs, emergency services costs, insurance administration costs, legal and court costs, traffic delays and potential costs to employers; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study transportation safety in West Virginia, including traffic control, traffic safety and design safety as well as safety in the transportation of hazardous waste upon the roads, highways and railways of the state, as well as identifying potential sources of funding for transportation safety measures; and, be it
Further Resolved,
That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegate Perdue offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 81- "Requesting the Joint Committee on Government and Finance study the statistical rate of autism among this state's population and to study existing autism services in this state as well as what need, if any, exists for additional or enhanced services."
Whereas, According to the Center for Disease Control and Prevention, autism occurs in one in every one hundred fifty births nationally. Moreover, one to one and one-half million Americans are currently afflicted with autism; and
Whereas, Autism is the fastest growing developmental disability in the United States; and
Whereas, The national cost for diagnosis, treatment and intervention services related to autism annually reaches ninety billion dollars; and
Whereas, Ninety percent of the costs associated with the diagnosis and treatment of autism are for adult services; and
Whereas, The cost of lifelong care for individuals afflicted with autism can be reduced by two-thirds with early diagnosis and intervention; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the statistical rate of autism among this state's population and to study existing autism services in this state as well as what need, if any, exists for additional or enhanced services; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Manchin, Moye, Doyle, Tabb and Wysong offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 82 -"Requesting that the Joint Committee on Government and Finance conduct a study of municipal annexation under article six, chapter eight of the West Virginia Code to facilitate a more effective and responsive annexation process."
Whereas, Current West Virginia Code permits a municipality to annex adjacent territory by three different methods: Election, petition and minor boundary adjustment; and
Whereas, County Commissions are often impacted by municipal annexations in their counties; and
Whereas, Residents in territory annexed or proposed to be annexed under these methods sometimes feel they are not accorded an adequate voice in the annexation process; and
Whereas, A study of the municipal annexation process in this state and other states would be beneficial to help ensure an annexation process that is both flexible enough to permit annexation that is not overly encumbered with legal or administrative hurdles, yet is responsive enough to provide meaningful input from affected parties such as county governments; and
Whereas, Annexation by municipalities often result in desirable economic growth; and
Whereas, The annexation of unincorporated territory by municipal corporations greatly affects the citizens and the general public in both the municipality and the county involved in the annexation process; and
Whereas, There are potential savings and economic development opportunities to municipalities and counties involved in the annexation process and the citizens and general public may benefit from improvements in the public discussion of annexation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study municipal annexation to facilitate a more effective and responsive annexation process; and, be it
Further Resolved, That the Joint Committee on Government and Finance study the annexation of unincorporated territory by municipal corporations to insure the fair and equal treatment of citizens and the general public in both the municipality and the county involved in the annexation process; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Stemple, Talbott, Tabb, Argento, Barker, Caputo, Crosier, Eldridge, Ellis, Fragale, Martin, Moore, Moye, Paxton, Rodighiero, Shaver, Varner, Wells, Evans, Hamilton, Romine, Anderson, Ireland and Canterbury offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 83- "Requesting that the Joint Committee on Government and Finance conduct a study of the impact of the United States Supreme Court's decision in Granholm v. Heald and Costco v. Hoen on West Virginia's regulatory system with particular emphasis on the effect the decision will have on the operation farm wineries in this state."
Whereas, West Virginia's first winery opened in the Kanawha Valley at Dunbar in 1856; and
W
HEREAS , The West Virginia Farm Wineries Act, adopted by the Legislature in 1981, allowed for the production and sale of farm-grown wines; and
W
HEREAS , West Virginia's highland valleys grow some of the world's most luscious wine grapes, nourished by pure mountain water and rich fertile soil; and
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HEREAS , West Virginia farm wineries serve as points of interest for residents and tourists, with many West Virginia wineries hosting tours of vineyards and wine tasting events; and
W
HEREAS , Wine-making has become an art that is celebrated throughout the state and is an integral part of fairs and festivals; and
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HEREAS , There are seventeen farm wineries located throughout the State of West Virginia; and
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HEREAS , Two recent decisions of the United States Supreme Court struck down wine laws affecting licensing, direct shipping, distribution and other regulated areas holding that the laws discriminate against interstate commerce in violation of the Commerce Clause, and that the discrimination is neither authorized nor permitted by the 21st Amendment of the United States Constitution; and
W
HEREAS , It is unclear what the impact of the decisions of the United States Supreme Court will have on West Virginia's farm wineries; and
Whereas, The West Virginia Legislature and the Alcoholic Beverage Control Commission are aware of the cases, but need time to study the ramifications the decisions may have on West Virginia's farm wineries and the current state regulatory structure; and
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HEREAS , It is essential that any changes in the law, rules and the operation of farm wineries resulting from the Supreme Court's decisions are made in a deliberative and rational manner to ensure that any negative impact on the farm wineries is minimal; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study of the impact of the United States Supreme Court's decision in Granholm v. Heald and Costco v. Hoen on West Virginia's regulatory system with particular emphasis on the effect the decision will have on the operation farm wineries in this state; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Special Calendar

Unfinished Business

Action on Senate Message

The House of Delegates next proceeded to take up consideration of a message received from the Senate on yesterday, as to
Com. Sub. for H. B. 2718, Authorizing West Virginia Lottery Table Games at State Racetracks.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.

The following Senate amendments were reported by the Clerk:
On page six, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 22. STATE LOTTERY ACT.
§29-22-18. State Lottery Fund; appropriations and deposits; not part of general revenue; no

transfer of state funds after initial appropriation; use and repayment of initial
appropriation; allocation of fund for prizes, net profit and expenses; surplus;
State Lottery Education Fund; State Lottery Senior Citizens Fund; allocation
and appropriation of net profits.

(a) There is hereby continued a special revenue fund in the State Treasury which shall be designated and known as the 'State Lottery Fund'. The fund consists of all appropriations to the fund and all interest earned from investment of the fund and any gifts, grants or contributions received by the fund. All revenues received from the sale of lottery tickets, materials and games shall be deposited with the State Treasurer and placed into the 'State Lottery Fund'. The revenue shall be disbursed in the manner provided in this section for the purposes stated in this section and shall not be treated by the Auditor and Treasurer as part of the general revenue of the state.
(b) No appropriation, loan or other transfer of state funds may be made to the commission or Lottery Fund after the initial appropriation.
(c) A minimum annual average of forty-five percent of the gross amount received from each lottery shall be allocated and disbursed as prizes.
(d) Not more than fifteen percent of the gross amount received from each lottery may be allocated to and may be disbursed as necessary for fund operation and administration expenses: Provided, That for the period beginning the first day of January, two thousand two through the thirtieth day of June, two thousand three the month following the first passage of a referendum election held pursuant to section seven, article twenty-two-c of this chapter and for eighteen months thereafter, not more than seventeen percent of the gross amount received from each lottery shall be allocated to and may be disbursed as necessary for fund operation and administration expenses.
(e) The excess of the aggregate of the gross amount received from all lotteries over the sum of the amounts allocated by subsections (c) and (d) of this section shall be allocated as net profit. In the event that the percentage allotted for operations and administration generates a surplus, the surplus shall be allowed to accumulate to an amount not to exceed two hundred fifty thousand dollars. On a monthly basis, the director shall report to the Joint Committee on Government and Finance of the Legislature any surplus in excess of two hundred fifty thousand dollars and remit to the State Treasurer the entire amount of those surplus funds in excess of two hundred fifty thousand dollars which shall be allocated as net profit.
(f) After first satisfying the requirements for funds dedicated to the School Building Debt Service Fund in subsection (h) of this section to retire the bonds authorized to be issued pursuant to section eight, article nine-d, chapter eighteen of this code, and then satisfying the requirements for funds dedicated to the Education, Arts, Sciences and Tourism Debt Service Fund in subsection (I) (I) of this section to retire the bonds authorized to be issued pursuant to section eleven-a, article six, chapter five of this code, any and all remaining funds in the State Lottery Fund shall be made available to pay debt service in connection with any revenue bonds issued pursuant to section eighteen-a of this article, if and to the extent needed for such purpose from time to time. The Legislature shall annually appropriate all of the remaining amounts allocated as net profits in subsection (e) of this section, in such proportions as it considers beneficial to the citizens of this state, to: (1) The Lottery Education Fund created in subsection (g) of this section; (2) the School Construction Fund created in section six, article nine-d, chapter eighteen of this code; (3) the Lottery Senior Citizens Fund created in subsection (j) of this section; and (4) the Division of Natural Resources created in section three, article one, chapter twenty of this code and the West Virginia Development Office as created in section one, article two, chapter five-b of this code, in accordance with subsection (k) of this section. No transfer to any account other than the School Building Debt Service Account, the Education, Arts, Sciences and Tourism Debt Service Fund, the Economic Development Project Fund created under section eighteen-a, article twenty-two, chapter twenty-nine of this code, or any fund from which debt service is paid under subsection (c), section eighteen-a of this article, may be made in any period of time in which a default exists in respect to debt service on bonds issued by the School Building Authority, the State Building Commission, the Economic Development Authority or which are otherwise secured by lottery proceeds. No additional transfer may be made to any account other than the School Building Debt Service Account and the Education, Arts, Sciences and Tourism Debt Service Fund when net profits for the preceding twelve months are not at least equal to one hundred fifty percent of debt service on bonds issued by the School Building Authority and the State Building Commission which are secured by net profits.
(g) There is hereby continued a special revenue fund in the State Treasury which shall be designated and known as the 'Lottery Education Fund'. The fund shall consist of the amounts allocated pursuant to subsection (f) of this section, which shall be deposited into the Lottery Education Fund by the State Treasurer. The Lottery Education Fund shall also consist of all interest earned from investment of the Lottery Education Fund and any other appropriations, gifts, grants, contributions or moneys received by the Lottery Education Fund from any source. The revenues received or earned by the Lottery Education Fund shall be disbursed in the manner provided below and may not be treated by the Auditor and Treasurer as part of the general revenue of the state. Annually, the Legislature shall appropriate the revenues received or earned by the Lottery Education Fund to the state system of public and higher education for these educational programs it considers beneficial to the citizens of this state.
(h) On or before the twenty-eighth day of each month, as long as revenue bonds or refunding bonds are outstanding, the lottery director shall allocate to the School Building Debt Service Fund created pursuant to the provisions of section six, article nine-d, chapter eighteen of this code, as a first priority from the net profits of the lottery for the preceding month, an amount equal to one tenth of the projected annual principal, interest and coverage ratio requirements on any and all revenue bonds and refunding bonds issued, or to be issued, on or after the first day of April, one thousand nine hundred ninety-four, as certified to the lottery director in accordance with the provisions of section six, article nine-d, chapter eighteen of this code. In no event shall the monthly amount allocated exceed one million eight hundred thousand dollars, nor may the total allocation of the net profits to be paid into the School Building Debt Service Fund, as provided in this section, in any fiscal year exceed the lesser of the principal and interest requirements certified to the lottery director or eighteen million dollars. In the event there are insufficient funds available in any month to transfer the amount required to be transferred pursuant to this subsection to the School Debt Service Fund, the deficiency shall be added to the amount transferred in the next succeeding month in which revenues are available to transfer the deficiency. A lien on the proceeds of the State Lottery Fund up to a maximum amount equal to the projected annual principal, interest and coverage ratio requirements, not to exceed twenty-seven million dollars annually, may be granted by the School Building Authority in favor of the bonds it issues which are secured by the net lottery profits.
When the school improvement bonds, secured by profits from the lottery and deposited in the School Debt Service Fund, mature, the profits shall become available for debt service on additional school improvement bonds as a first priority from the net profits of the lottery or may at the discretion of the authority be placed into the School Construction Fund created pursuant to the provisions of section six, article nine-d, chapter eighteen of this code.
(i)(i) Beginning on or before the twenty-eighth day of July, one thousand nine hundred ninety-six, and continuing on or before the twenty-eighth day of each succeeding month thereafter, as long as revenue bonds or refunding bonds are outstanding, the lottery director shall allocate to the Education, Arts, Sciences and Tourism Debt Service Fund created pursuant to the provisions of section eleven-a, article six, chapter five of this code, as a second priority from the net profits of the lottery for the preceding month, an amount equal to one tenth of the projected annual principal, interest and coverage ratio requirements on any and all revenue bonds and refunding bonds issued, or to be issued, on or after the first day of April, one thousand nine hundred ninety-six, as certified to the lottery director in accordance with the provisions of that section. In no event may the monthly amount allocated exceed one million dollars nor may the total allocation paid into the Education, Arts, Sciences and Tourism Debt Service Fund, as provided in this section, in any fiscal year exceed the lesser of the principal and interest requirements certified to the lottery director or ten million dollars. In the event there are insufficient funds available in any month to transfer the amount required pursuant to this subsection to the Education, Arts, Sciences and Tourism Debt Service Fund, the deficiency shall be added to the amount transferred in the next succeeding month in which revenues are available to transfer the deficiency. A second-in-priority lien on the proceeds of the State Lottery Fund up to a maximum amount equal to the projected annual principal, interest and coverage ratio requirements, not to exceed fifteen million dollars annually, may be granted by the State Building Commission in favor of the bonds it issues which are secured by the net lottery profits.
When the bonds, secured by profits from the lottery and deposited in the Education, Arts, Sciences and Tourism Debt Service Fund, mature, the profits shall become available for debt service on additional bonds as a second priority from the net profits of the lottery.
(j) There is hereby continued a special revenue fund in the State Treasury which shall be designated and known as the 'Lottery Senior Citizens Fund.' The fund shall consist of the amounts allocated pursuant to subsection (f) of this section, which amounts shall be deposited into the Lottery Senior Citizens Fund by the State Treasurer. The Lottery Senior Citizens Fund shall also consist of all interest earned from investment of the Lottery Senior Citizens Fund and any other appropriations, gifts, grants, contributions or moneys received by the Lottery Senior Citizens Fund from any source. The revenues received or earned by the Lottery Senior Citizens Fund shall be distributed in the manner provided below and may not be treated by the Auditor or Treasurer as part of the general revenue of the state. Annually, the Legislature shall appropriate the revenues received or earned by the Lottery Senior Citizens Fund to such any senior citizens medical care and other programs as it considers beneficial to the citizens of this state.
(k) The Division of Natural Resources and the West Virginia Development Office, as appropriated by the Legislature, may use the amounts allocated to them pursuant to subsection (f) of this section for one or more of the following purposes: (1) The payment of any or all of the costs incurred in the development, construction, reconstruction, maintenance or repair of any project or recreational facility, as these terms are defined in section four, article five, chapter twenty of this code, pursuant to the authority granted to it under article five, chapter twenty of this code; (2) the payment, funding or refunding of the principal of, interest on or redemption premiums on any bonds, security interests or notes issued by the parks and recreation section of the Division of Natural Resources under article five, chapter twenty of this code; or (3) the payment of any advertising and marketing expenses for the promotion and development of tourism or any tourist facility or attraction in this state.
ARTICLE 22A. RACETRACK VIDEO LOTTERY ACT.
§29-22A-10c. Surcharge; capital reinvestment fund.

(a) For all fiscal years beginning on or after the first day of July, two thousand one, there shall be imposed a surcharge of ten percent against the excess of total net terminal income generated from a licensed racetrack for that fiscal year over total net terminal income from that licensed racetrack for the fiscal year ending the thirtieth day of June, two thousand one.
(b) A Capital Reinvestment Fund is hereby created within the lottery fund. Forty-two percent of the surcharge amount attributable to each racetrack shall be retained by the commission and deposited into a separate Capital Reinvestment Account for that licensed racetrack. For each dollar expended by a licensed racetrack for capital improvements at the racetrack, and at the location of any amenity associated with the licensed racetrack's destination resort facility operations, or at adjacent facilities owned by the licensee, having a useful life of fifteen seven or more years and placed in service after the first day of April, two thousand one, the licensed racetrack shall receive one dollar in recoupment from its Capital Reinvestment Fund Account: Provided, That in the case of thoroughbred horse tracks, four cents of every dollar in recoupment shall be reserved into a separate account, which shall only be spent on capital improvements and upgrading in the barn area or other areas at the track to facilities used for the housing and care of horses, facilities located inside the perimeter of the racing surface, including the surface thereof, facilities used for housing persons responsible for the care of horses, and that any such capital improvements and upgrading shall be subject to recoupment under this section only if they have been approved by the Horsemen's Benevolent and Protective Association acting on behalf of the horsemen: Provided, however, That in the case of greyhound race tracks, four cents of every dollar in recoupment shall be spent on capital improvements and upgrading in the kennel area or other areas at the track approved by the Racing Commission. If a licensed racetrack's unrecouped capital improvements exceed its capital reinvestment fund account at the end of any fiscal year, the excess improvements may be carried forward to three seven subsequent fiscal years.
(c) Fifty-eight percent of the surcharge amount plus any moneys remaining in a racetrack's Capital Reinvestment Fund Account at the end of any fiscal year shall be deposited in the State Excess Lottery Revenue Fund created in section eighteen-a, article twenty-two of this chapter.
ARTICLE 22C. WEST VIRGINIA LOTTERY RACETRACK TABLE GAMES ACT.
§29-22C-1. Short title.
This article shall be known and may be cited as the West Virginia Lottery Racetrack Table Games Act.
§29-22C-2. State authorization of table games at licensed racetrack facilities; legislative findings and declarations.

(a) Operation of West Virginia lottery table games. -- Notwithstanding any provision of law to the contrary, the operation of West Virginia lottery racetrack table games and ancillary activities at a licensed racetrack and the playing of those West Virginia lottery table games at a licensed racetrack are only lawful when conducted in accordance with the provisions of this article and rules of the commission.
(b) Legislative findings: -
(1) The Legislature finds that horse racing and dog racing and breeding play a critical role in the economy of this state, enhance the revenue collected at the racetracks, contribute vital revenues to the counties and municipalities in which the activities are conducted, provide for significant employment and protect and preserve greenspace and; that a substantial state interest exists in protecting these industries. Furthermore, it finds that the breeding and racing of thoroughbred horses is an integral part of West Virginia's agriculture, and that agriculture is a critical ingredient in West Virginia's economy. It further finds that the operation of table games pursuant to this article, at racetracks in this state that hold racetrack video lottery licenses and licenses to conduct horse or dog racing, will protect and preserve the horse racing and dog racing industries and horse and dog breeding industries, will protect and enhance the tourism industry in this state and indirectly benefit other segments of the economy of this state.
(2) The Legislature finds that, pursuant to section thirty-six, article VI of the Constitution of the State of West Virginia grants exclusively to the state the right to lawfully own and operate a lottery in this state.
(3) The Legislature finds that recognized principals of ownership allow an owner to maintain ownership while operating an enterprise through agents and licensees.
(4) The Legislature finds that it is in the best interest of the State of West Virginia for the state to operate a lottery in the form of table games.
(5) The Legislature finds that the table games authorized under the provisions of this article are lotteries as each game involves consideration, the possibility of a prize and their outcome is determined predominantly by chance, which the common law of West Virginia has long held are the three essential elements of a lottery.
(6) The Legislature finds that the lottery authorized by the provisions of this article is the exclusive intangible intellectual property of the State of West Virginia as are the other versions of lottery authorized under this chapter.
(7) The Legislature finds that the most effective manner in which the state can operate and regulate the forms of lottery authorized by the provisions of this article is to do so through licensees and further that effective operation and regulation requires limiting the number of locations at which the lottery and lottery games so authorized are allowed.
(8) The Legislature finds that limiting such table games as authorized under this article to facilities authorized by the provisions of article twenty-three, chapter nineteen of this code which are licensed pursuant to the provisions of article twenty-two-a of this chapter to operate video lottery terminals is the most efficient and effective manner in which to regulate licensees.
(9) The Legislature finds that the granting of licenses pursuant to the provisions of this article while maintaining all ownership rights and exercising control through strict regulation of all West Virginia lottery table games authorized by the provisions of this article constitutes an appropriate exercise by the Legislature of the power granted it by the Constitution pursuant to the provisions of section thirty-six, article VI of the Constitution of West Virginia.
(10) The Legislature finds that the operation of West Virginia lottery table games at racetracks licensed pursuant to the provision of article twenty-two-a of this chapter and by the provisions of article twenty-three, chapter nineteen of this code serves to protect, preserve and promote the horse and dog racing and breeding industries of this state and will serve to protect, promote and enhance the tourism industry of the state as well as the general fiscal well-being of the state and its subdivisions.
§29-22C-3. Definitions.
(a) Applicability of definitions. -- For the purposes of this article, the words or terms defined in this section, and any variation of those words or terms required by the context, have the meanings ascribed to them in this section. These definitions are applicable unless a different meaning clearly appears from the context in which the word or term is used.
(b) Terms defined. --
(1) 'Adjusted gross receipts' means gross receipts from West Virginia Lottery table games less winnings paid to patrons wagering on the racetrack's table games.
(2) 'Applicant' means any person who on his or her own behalf, or on behalf of another, has applied for permission to engage in any act or activity that is regulated under the provision of this article for which a license is required by this article or rule of the commission.
(3) 'Application' means any written request for permission to engage in any act or activity that is regulated under the provisions of this article submitted in the form prescribed by the commission.
(4) 'Background investigation' means a security, criminal and credit investigation of an applicant who has applied for the issuance or renewal of a license pursuant to this article, or a licensee who holds a current license.
(5) 'Commission' or 'State Lottery Commission' means the West Virginia Lottery Commission created by article twenty-two of this chapter.
(6) 'Complimentary' means a service or item provided at no cost or at a reduced price.
(7) 'Compensation' means any money, thing of value, or financial benefit conferred or received by a person in return for services rendered, or to be rendered, whether by that person or another.
(8) 'Contested case' means a proceeding before the commission, or a hearing examiner designated by the commission to hear the contested case, in which the legal rights, duties, interests or privileges of specific persons are required by law or Constitutional right to be determined after a commission hearing, but does not include cases in which the commission issues a license, permit or certificate after an examination to test the knowledge or ability of the applicant where the controversy concerns whether the examination was fair or whether the applicant passed the examination and does not include rule making.
(9) 'Control' means the authority directly or indirectly to direct the management and policies of an applicant for a license issued under this article or the holder of a license issued under this article.
(10) 'Designated gaming area' means one or more specific floor areas of a licensed racetrack within which the commission has authorized operation of racetrack video lottery terminals or table games, or the operation of both racetrack video lottery terminals and West Virginia Lottery table games.
(11) 'Director' means the Director of the West Virginia State Lottery Commission appointed pursuant to section six, article twenty-two of this chapter.
(12) 'Disciplinary action' is an action by the commission suspending or revoking a license, fining, excluding, reprimanding or otherwise penalizing a person for violating this article or rules promulgated by the commission.
(13) 'Financial interest' or 'financially interested' means any interest in investments, awarding of contracts, grants, loans, purchases, leases, sales or similar matters under consideration for consummation by the commission. A member, employee or agent of the commission will be considered to have a financial interest in a matter under consideration if any of the following circumstances exist:
(A) He or she owns one percent or more of any class of outstanding securities that are issued by a party to the matter under consideration by the commission; or
(B) He or she is employed by an independent contractor for a party to the matter under consideration or consummated by the commission.
(14) 'Gaming equipment' means gaming tables, cards, dice, chips, shufflers, drop boxes or any other mechanical, electronic or other device, mechanism or equipment or related supplies used or consumed in the operation of any West Virginia Lottery table game at a licensed racetrack.
(15) 'Gross receipts' means the total of all sums including valid or invalid checks, currency, tokens, coupons (excluding match play coupons), vouchers or instruments of monetary value whether collected or uncollected, received by a racetrack with table games from table gaming operations at a race track, including all entry fees assessed for tournaments or other contests.
(16) 'Indirect ownership' means an interest a person owns in an entity or in property solely as a result of application of constructive ownership rules without regard to any direct ownership interest (or other beneficial interest) in the entity or property. 'Indirect ownership' shall be determined under the same rules applicable to determining whether a gain or loss between related parties is recognized for federal income tax purposes.
(17) 'Licensed racetrack' means a thoroughbred horse or greyhound dog racing facility licensed under both article twenty-two-a of this chapter and article twenty-three, chapter nineteen of this code.
(18) 'License' means any license applied for or issued by the commission under this article, including, but not limited to:
(A) A license to act as agent of the commission in operating West Virginia Lottery table games at a licensed racetrack;
(B) A license to supply a racetrack licensed under this article to operate table games with table gaming equipment or services necessary for the operation of table games;
(C) A license to be employed at a racetrack licensed under this article to operate West Virginia Lottery table games when the employee works in a designated gaming area that has table games or performs duties in furtherance of or associated with the operation of table games at the licensed racetrack; or
(D) A license to provide management services under a contract to a racetrack licensed under this article to operate table games.
(19) 'Licensee' means any person who is licensed under any provision of this article.
(20) 'Lottery' means the public gaming systems or games regulated, controlled, owned and operated by the State Lottery Commission in the manner provided by general law, as provided in this article and in articles twenty-two, twenty-two-a, twenty-two-b and twenty-five of this chapter.
(21) 'Member' means a commission member appointed to the West Virginia Lottery Commission under article twenty-two of this chapter.
(22) 'National criminal history background check system' means the criminal history record system maintained by the Federal Bureau of Investigation based on fingerprint identification or any other method of positive identification.
(23) 'Own' means any beneficial or proprietary interest in any real or personal property, including intellectual property, and also includes, but is not limited to, any direct or indirect beneficial or proprietary interest in any business of an applicant or licensee.
(24) 'Person' means any natural person, and any corporation, association, partnership, limited liability company, limited liability partnership, trust or other entity, regardless of its form, structure or nature other than a government agency or instrumentality.
(25) 'Player' or 'Patron' means a person who plays a racetrack video lottery game or a West Virginia Lottery table game at a racetrack licensed under this article to have table games.
(26) 'Player's account' means a financial record established by a licensed racetrack for an individual racetrack patron to which the racetrack may credit winnings and other amounts due to the racetrack patron and from which the patron may withdraw moneys due to the patron for purchase of tokens, chips or electronic media or other purposes.
(27) 'Racetrack table games license' means authorization granted under this article by the commission to a racetrack that is already licensed under article twenty-two-a of this chapter to operate racetrack video lottery terminals and holds a valid racing license granted by the West Virginia Racing Commission pursuant to the provision of article twenty-three, chapter nineteen of this code, which permits the racetrack as an agent of the commission for the limited purpose of operation of West Virginia Lottery table games in one or more designated gaming areas in one or more buildings owned by the licensed racetrack on the grounds where live pari-mutuel racing is conducted by the licensee.
(28) 'Racetrack Table Games Fund' means the special fund in the State Treasury created in section twenty-seven of this article.
(29) 'Significant influence' means the capacity of a person to affect substantially (but not control) either, or both, of the financial and operating policies of another person.
(30) 'Supplier' means a person who the commission has identified under legislative rules of the commission as requiring a license to provide a racetrack table games licensee with goods or services to be used in connection with operation of table games.
(31) 'Wager' means a sum of money or thing of value risked on an uncertain occurrence.
(32) 'West Virginia Lottery table game' means any game played with cards, dice or any mechanical, electromechanical or electronic device or machine for money, credit or any representative of value, including, but not limited to, baccarat, blackjack, poker, craps, roulette, wheel of fortune or any variation of these games similar in design or operation and expressly authorized by rule of the commission, including multiplayer electronic table games, machines and devices, but excluding video lottery, punchboards, faro, numbers tickets, push cards, jar tickets, pull tabs or similar games.
(33) 'Winnings' means the total cash value of all property or sums including currency, tokens, or instruments of monetary value paid to players as a direct result of wagers placed on West Virginia Lottery table games.
§29-22C-4. Commission duties and powers.
(a) Duties. -- In addition to the duties set forth elsewhere in this article or in articles twenty-two, twenty-two-a, twenty-two-b and twenty-five of this chapter, the commission shall:
(1) Establish minimum standards for gaming equipment, including, but not limited to, electronic and mechanical gaming equipment;
(2) Enter into licensing agreements with facilities eligible to operate West Virginia Lottery table games for the state, providing criteria and guidelines for preservation of the state's ownership, operation and control interests as provided by general law herein;
(3) Approve, modify or reject game rules of play proposed by the licensee for West Virginia Lottery table games proposed to be operated at a licensed racetrack;
(4) Approve, modify or reject minimum internal control standards proposed by the licensee governing racetrack table game operations, including the maintenance of financial records;
(5) Approve staff considered necessary by the director to oversee, inspect and monitor the operation of table games at any racetrack licensed under this article and article twenty-two-a of this chapter, including, but not limited to, inspection of designated gaming areas, gaming equipment and security equipment used in the operation of table games to assure continuous compliance with the provisions of this article, required license conditions and terms, and applicable rules of the commission;
(6) Determine eligibility of a person to hold or continue to hold a license issued under this article;
(7) Issue all licenses;
(8) Maintain a record of all licenses issued;
(9) Levy and collect the taxes imposed by this article and the fees, surcharges and civil penalties authorized, required or specified in this article or the legislative rules of the commission, and receive, accept and pay all taxes, fees, surcharges and civil penalties collected under this article into the Racetrack Table Games Fund, except as otherwise provided under this article; and
(10) Keep a public record of all commission actions and proceedings with respect to West Virginia Lottery table games.
(b) Powers. -- In addition to the powers set forth elsewhere in this article or in articles twenty-two, twenty-two-a, twenty-two-b and twenty-five of this chapter, the commission may:
(1) Sue to enforce any provision of this article or any rule of the commission, whether by civil action or petition for injunctive relief;
(2) Hold hearings, administer oaths and issue subpoenas for attendance of witnesses to testify or subpoenas duces tecum for the production of documents or other evidence;
(3) Enter a licensed racetrack with West Virginia Lottery table games at any time and without notice to ensure strict compliance with this article and with the rules of the commission;
(4) Bar, for cause, any person from:
(A) Entering a designated gaming area of a licensed racetrack with table games, or the grounds of a racetrack licensed under this article; or
(B) Participating in any capacity in the play of any West Virginia Lottery table game, or in the operation of West Virginia Lottery table games;
(5) Promulgate, or propose for promulgation, in accordance with the provision of article three, chapter twenty-nine-a of this code, any legislative, interpretive and procedural rules the commission considers necessary for the successful implementation, administration and enforcement of this article, and to amend or revoke any promulgated rule, in accordance with provisions of article three, chapter twenty-nine-a of this code, at the discretion of the commission. Any rule proposed by the commission before the first day of September, two thousand seven may be promulgated as an emergency rule;
(6) Upon the effective date of this article and prior to promulgation of emergency rules, the commission may accept applications, evaluate qualifications of applicants, and undertake initial review of licenses for: racetracks under section eight of this article; suppliers under section eleven of this article; racetrack employees under section twelve of this article; and providers of management services under section thirteen of this article; and
(7) Exercise any other powers necessary to effectuate the provisions of this article and the rules of the commission.
§29-22C-5. Appointment of commission staff; conditions of employment.
(a) The director, with the approval of the commission, may appoint any professional, clerical, technical and administrative personnel, who shall be state employees hired in accordance with article six, chapter twenty-nine of this code, which the director considers necessary to carry out the provisions of this article. Prior to his or her appointment, each applicant for a position shall provide his or her fingerprints and shall undergo a thorough background investigation.
(b) No commission employee may directly or indirectly hold an ownership or a financial interest in any racetrack table game license, or a supplier license, or a management services license, or in a holding company that owns the license, or in a business related to the license for federal income tax purposes, or be an applicant for any of these licenses.
(c) No commission employee may knowingly wager or be paid any prize from any wager at any licensed racetrack with West Virginia Lottery table games within this state or at any facility outside this state or this country that is directly or indirectly owned or operated:
(1) By a racetrack table games licensee that is licensed pursuant to this article; or
(2) By any person who directly or indirectly owns the racetrack table games license.
§29-22C-6. Licenses required.
(a) No person may engage in any activity in connection with a racetrack with West Virginia Lottery table games in this state for which a license is required by this article or rules of the commission unless all necessary licenses have been obtained in accordance with this article and rules of the commission.
(b) Licenses are required for the following purposes:
(1) For any person operating a racetrack West Virginia Lottery table game in the state;
(2) For any person supplying a racetrack table games licensee with gaming equipment or gaming equipment services;
(3) For any individual employed by a racetrack table games licensee in connection with the operation of West Virginia Lottery table games in the state; and
(4) For any person providing management services under a contract to a racetrack table games licensee.
(c) The commission may not grant a license to an applicant until the commission determines that each person who has control of the applicant also meets all of the qualifications the applicant must meet to hold the license for which application is made. The following persons are considered to have control of an applicant:
(1) Each person associated with a corporate applicant, including any corporate holding company, parent company or subsidiary company of the applicant, but not including a bank or other licensed lending institution which holds a mortgage or other lien acquired in the ordinary course of business, who has the ability to control the activities of the corporate applicant or elect a majority of the board of directors of that corporation;
(2) Each person associated with a non-corporate applicant who directly or indirectly holds any beneficial or proprietary interest in the applicant or who the commission determines to have the ability to control the applicant; and
(3) Key personnel of an applicant, including any executive, employee or agent, having the power to exercise significant influence over decisions concerning any part of the applicant's business operation.
(d) Any license required by this article or rules of the commission is in addition to all other licenses or permits required by applicable federal, state or local law.
§29-22C-7. Local option election.
(a) No racetrack may be licensed under this article to operate West Virginia Lottery table games until a local option election is held in the county in which pari-mutuel wagers are received at a racetrack licensed under article twenty-three, chapter nineteen of this code and the voters of that county voting on the question approve having West Virginia Lottery table games at the racetrack.
(b) The county commission shall place the question on the ballot upon the receipt of a written notice from a licensed racetrack located within that county requesting that the question be placed on the ballot.
(c) The county commission of the county in which table games would be located shall give notice to the public of the election by publication of the notice as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for the publication shall be the county in which the election is to be held. The date of the last publication of the notice shall fall on a date at least thirty days preceding the day of the election. A local option election shall be effective even though the date of the order of the county commission setting the election or the date of publication of notice of the election is prior to the effective date of this article if the election is otherwise held in accordance with the provisions of this section.
(d) On the local option election ballot shall be printed the following:
Shall West Virginia Lottery table games be permitted at the [name of licensed racetrack]?
[ ] Yes
[ ] No

(Place a cross mark in the square next to your choice.)
(e) The local option election shall be held in conjunction with the next primary or general election scheduled more than ninety days following receipt by the county commission of the notice required by this section or at a special election: Provided, That upon written request by the licensed racetrack that a special election be called, the county commission shall order a special election to be held on the question within ninety days after the receipt by the county commission of that request. The county commission may require the licensed racetrack to pay the entire cost incurred by the county to hold the special election. Approval shall be by a majority of the voters casting votes at the election on the question of approval or disapproval of West Virginia Lottery table games at a licensed racetrack.
(f) If the majority votes against allowing table games at a licensed racetrack, no election on the issue shall be held for a period of one hundred four weeks. A local option election may thereafter be held in the manner provided in this section. The process to hold another election on the question shall start anew, as if no prior request for an election on the question had been filed with county commission and as if there had been no prior election on the question.
(g) If the majority votes for allowing West Virginia Lottery table games at a licensed racetrack facility in a county, another local option election on the issue shall not be held for a period of five years. A local option election may thereafter be held if a written petition of qualified voters residing within the county equal to at least five percent of the number of persons who were registered to vote in the next preceding general election is received by the county commission of the county in which the horse or dog racetrack is located. The petition may be in any number of counterparts. The petition shall be in the following form:
Petition For Local Option Election
We, the undersigned legally qualified voters, resident within the County of __________________, do hereby petition that a special election be held within the County of _________________ upon the following question: Shall West Virginia Lottery table games be permitted at the [name of racetrack]?
Name
Address
Date

(Post office or street address)

§29-22C-8. License to operate a racetrack with West Virginia Lottery table games.
(a) Racetrack table games licenses. -- The commission may issue up to four racetrack table games licenses to operate West Virginia Lottery table games in accordance with the provisions of this article. The Legislature intends that no more than four licenses to operate a racetrack with West Virginia Lottery table games in this state shall be permitted in any event.
(b) Grant of license. -- Upon the passage of a local option election in a county in accordance with the provisions of section seven of this article, the commission shall immediately grant a West Virginia Lottery table games license, and a license for the right to conduct West Virginia Lottery table games as assignee to the intellectual property rights of the state, to allow the licensee to conduct West Virginia table games at the licensed pari-mutuel racetrack identified on the local option election ballot, provided that racetrack holds a valid racetrack video lottery license issued by the commission pursuant to article twenty-two-a of this chapter and a valid racing license granted by the West Virginia Racing Commission pursuant to the provision of article twenty-three, chapter nineteen of this code and has otherwise met the requirements for licensure under the provisions of this article and the rules of the commission.
(c) Location. -- A racetrack table games license authorizes the operation of West Virginia Lottery table games on the grounds of the particular licensed facility identified in the racetrack video lottery license issued pursuant to article twenty-two-a and the license to conduct horse or dog racing issued pursuant to article twenty-three, chapter nineteen of this code.
(d) Floor plan submission requirement. -- Prior to commencing the operation of any table games in a designated gaming area, a racetrack table games licensee shall submit to the commission for its approval a detailed floor plan depicting the location of the designated gaming area in which table games gaming equipment will be located and its proposed arrangement of the table games gaming equipment. Any floor plan submission that satisfies the requirements of the rules promulgated by the commission shall be considered approved by the commission unless the racetrack table games licensee is notified in writing to the contrary within one month of filing a detailed floor plan.
(e) Management service contracts. --
(1) Approval. -- A racetrack table games licensee may not enter into any management service contract that would permit any person other than the licensee to act as the commission's agent in operating West Virginia Lottery table games unless the management service contract is: (A) With a person licensed under this article to provide management services; (B) is in writing; and (C) the contract has been approved by the commission.
(2) Material change. -- The licensed racetrack table games licensee shall submit any material change in a management service contract previously approved by the commission to the commission for its approval or rejection before the material change may take effect.
(3) Prohibition on assignment or transfer. -- A management services contract may not be assigned or transferred to a third party.
(4) Other commission approvals and licenses. -- The duties and responsibilities of a management services provider under a management services contract may not be assigned, delegated, subcontracted or transferred to a third party to perform without the prior approval of the commission. Third parties must be licensed under this article before providing service. The commission may by rule clarify application of this subdivision and provide exceptions to its application. The commission shall license and require the display of West Virginia Lottery game logos on appropriate game surfaces and other gaming items and locations as the commission considers appropriate.
(f) Coordination of licensed activities. -- In order to coordinate various licensed activities within racetrack facilities, the following provisions apply to licensed racetrack facilities:
(1) The provisions of this article and of article twenty-two-a of this chapter shall be interpreted to allow West Virginia Lottery table games and racetrack video lottery operations under those articles to be harmoniously conducted in the same designated gaming area.
(2) On the effective date of this article, the provisions of section twenty-one of this article apply to all video lottery games conducted within a racetrack facility, notwithstanding any inconsistent provisions contained in article twenty-two-a of this chapter to the contrary.
(3) On and after the effective date of this article, vacation of the premises after service of beverages ceases is not required, notwithstanding to the contrary any inconsistent provisions of this code or inconsistent rules promulgated by the Alcohol Beverage Control Commissioner with respect to hours of sale of those beverages, or required vacation of the premises.
(g) Fees, expiration date and renewal. --
(1) An initial racetrack table games license fee of one million five hundred thousand dollars shall be paid to the commission at the time of issuance of the racetrack table games license, regardless of the number of months remaining in the license year for which it is issued. All licenses expire at the end of the day on the thirtieth day of June each year.
(2) The commission shall annually renew a racetrack table games license as of the first day of July of each year provided the licensee:
(A) Successfully renews its racetrack video lottery license under article twenty-two-a of this chapter before the first day of July;
(B) Pays to the commission the annual license renewal fee of two million five hundred thousand dollars required by this section at the time it files its application for renewal of its license under article twenty-two-a of this chapter; and
(C) During the current license year, the licensee complied with all provisions of this article, all rules adopted by the commission and all final orders of the commission applicable to the licensee.
(3) Annual license surcharge for failure to construct hotel on premises -- It is the intent of the Legislature that each racetrack for which a racetrack table games license has been issued be or become a destination tourism resort facility. To that end, it is important that each racetrack for which a racetrack table games license has been issued operate a hotel with significant amenities. Therefore, in addition to all other taxes and fees required by the provisions of this article, there is hereby imposed, upon each racetrack for which a racetrack table games license has been issued an annual license surcharge, payable to the commission in the amount of two million five hundred thousand dollars if that racetrack does not operate a hotel on its racing property that contains at least one hundred fifty guest rooms with significant amenities within three years of the passage of the local option election in its county authorizing table games at the racetrack, provided the time for completion of the hotel shall be extended by the same number of days as the completion of the hotel is delayed by a force majeure events or conditions beyond the reasonable control of the racetrack licensee. The surcharge shall be paid upon each renewal of its racetrack table games license made after the expiration of the three year period, and may be extended by the above force majeure events or conditions, until the racetrack opens a qualifying hotel.
(4) If the licensee fails to apply to renew its license under article twenty-three, chapter nineteen and article twenty-two-a, chapter twenty-nine of this code until after the license expires, the commission shall renew its license under this article at the time it renews its license under article twenty-two-a of this chapter provided the licensee has paid the annual license fee required by this section and during the preceding license year the licensee complied with all provisions of this article, all rules adopted by the commission and all final orders of the commission applicable to the licensee.
(h) Facility qualifications. -- A racetrack table games licensee shall demonstrate that the racetrack with West Virginia Lottery table games will: (1) Be accessible to disabled individuals in accordance with applicable federal and state laws; (2) be licensed in accordance with this article, and all other applicable federal, state and local laws; and (3) meet any other qualifications specified in rules adopted by the commission.
(i) Surety bond. -- A racetrack table games licensee shall execute a surety bond to be given to the state to guarantee the licensee faithfully makes all payments in accordance with the provisions of this article and rules promulgated by the commission. The surety bond shall be:
(1) In the amount determined by the commission to be adequate to protect the state against nonpayment by the licensee of amounts due the state under this article;
(2) In a form approved by the commission; and
(3) With a surety approved by the commission who is licensed to write surety insurance in this state. The bond shall remain in effect during the term of the license and may not be canceled by a surety on less than thirty days' notice in writing to the commission. The total and aggregate liability of the surety on the bond is limited to the amount specified in the bond.
(j) Authorization. -- A racetrack table games license authorizes the licensee act as an agent of the commission in operating an unlimited amount of West Virginia Lottery table games while the license is active, subject to subsection (d) of this section. A racetrack table games license is not transferable or assignable and cannot be sold or pledged as collateral.
(k) Audits. -- When applying for a license and annually thereafter prior to license renewal, a racetrack table games licensee shall submit to the commission an annual audit, by a certified public accountant, of the financial transactions and condition of the licensee's total operations. The audit shall be made in accordance with generally accepted accounting principles and applicable federal and state laws.
(l) Commission office space. -- A racetrack table games licensee shall provide to the commission, at no cost to the commission, suitable office space at the racetrack facility for the commission to perform the duties required of it by this article and the rules of the commission.
§29-22C-9. State ownership of table games.
All table games authorized by this article shall be West Virginia lottery games owned by the State of West Virginia. A racetrack table games license granted to a pari-mutuel racetrack by the commission pursuant to this article shall include the transfer by the commission to the racetrack limited license rights in and to the commission's intellectual property ownership of the West Virginia lottery games which includes granting licensees limited lawful authority relating to the conduct of lottery table games for consideration, within the terms and conditions established pursuant to this article and any rules promulgated under this article.
§29-22C-10. Duties of racetrack table games licensee.
(a) General. -- All racetrack table games licensees shall:
(1) Promptly report to the commission any facts or circumstances related to the operation of a racetrack with West Virginia Lottery table games which constitute a violation of state or federal law;
(2) Conduct all table games activities and functions in a manner which does not pose a threat to the public health, safety or welfare of the citizens of this state and which does not adversely affect the security or integrity of the operation of West Virginia Lottery table games;
(3) Hold the commission and this state harmless from and defend and pay for the defense of any and all claims which may be asserted against a racetrack licensee, the commission, the state or employees thereof, arising from the licensee's actions or omission while acting as an agent of the commission by operation of West Virginia Lottery table games pursuant to this article;
(4) Assist the commission in maximizing table games revenues;
(5) Give preference in hiring to existing employees who have expressed an interest in transferring to an entry level West Virginia Lottery Table games job and who have demonstrated the potential to succeed in that job. To enable these employees to develop the skills necessary to fill an entry level West Virginia Lottery table games position, a licensee shall provide customary industry training for entry level West Virginia Lottery table games jobs. The dates, times, place and manner of providing such training, the appropriate qualifications and certifications, the number of existing employees to be trained, the determination of standards for evaluating successful performance in live auditions for such positions and the determination of who shall be given West Virginia Lottery table game jobs shall be within the sole business discretion of the licensee's management, provided that among equally qualified applicants, as determined by the licensee, length of service shall be the determining factor;
(6) Maintain all records required by the commission;
(7) Upon request by the commission, provide the commission access to all records and the physical premises where the licensee's table games activities and related activities occur, for the purpose of monitoring or inspecting the licensee's activities and the table games, gaming equipment and security equipment;
(8) Keep current in all payments and obligations to the commission; and
(9) Conduct no less than two hundred twenty live racing dates for each horse or dog race meeting or such other number of live racing dates as may be approved by the racing commission in accordance with the provisions of section twelve-b, article twenty-three, chapter nineteen of this code, and otherwise keep in good standing, all licenses and permits granted by the racing commission pursuant to section six, article twenty-three, chapter nineteen of this code, and any rules promulgated thereunder.
(b) Specific. -- All racetrack table games licensees shall:
(1) Acquire West Virginia Lottery table games and gaming equipment by purchase, lease or other assignment and provide a secure location for the placement, operation and play of the table games and gaming equipment;
(2) Permit no person to tamper with or interfere with the operation of any West Virginia Lottery table game;
(3) Ensure that West Virginia Lottery table games are within the sight and control of designated employees of the licensed racetrack with West Virginia Lottery table games and under continuous observation by security equipment in conformity with specifications and requirements of the commission;
(4) Ensure that West Virginia Lottery table games are placed and remain placed in the specific locations within designated gaming areas at the licensed racetrack which have been approved by the commission. West Virginia Lottery table games at a licensed racetrack shall only be relocated in accordance with the rules of the commission;
(5) Maintain at all times sufficient cash and gaming tokens, chips and electronic cards or other electronic media;
(6) Install, post and display conspicuously at locations within or about the licensed racetrack with West Virginia Lottery table games, signs, redemption information and other promotional material as required by the commission; and
(7) Assume liability for stolen money from any table game.
§29-22C-11. Reports by a racetrack table games licensee.
A racetrack table games licensee shall maintain daily records showing the gross receipts and adjusted gross receipts of the racetrack from West Virginia Lottery table games and shall timely file with the commission any additional reports required by rule promulgated by the commission or required by other provisions of this code.
§29-22C-12. License to supply a racetrack with gaming equipment or services.
(a) License. -- The commission may issue a license to a person to supply a racetrack licensed under this article with gaming equipment or services when the commission determines that the person meets the requirements of this section and any applicable rules of the commission.
(b) License qualifications. -- Each applicant who is an individual and each individual who controls an applicant, as provided in subsection (c) section six of this article, shall be of good moral character, honesty and integrity and shall have the necessary experience and financial ability to successfully carry out the functions of a West Virginia Lottery table games supplier. The commission may adopt rules establishing additional requirements for a West Virginia Lottery table games supplier. The commission may accept licensing by another jurisdiction, specifically determined by the commission to have similar licensing requirements, as evidence the applicant meets West Virginia Lottery table games supplier licensing requirements.
(c) Supplier specifications. -- An applicant for a license to supply gaming equipment or services to a racetrack table games licensee shall demonstrate that the gaming equipment or services that the applicant plans to offer to the racetrack table games licensee conform or will conform to standards established by rules of the commission and applicable state law. The commission may accept gaming equipment or services approval by another jurisdiction, specifically determined by the commission to have similar equipment standards, as evidence the applicant meets the standards established by the commission and applicable state law.
(d) License application requirements. -- An applicant for a license to supply a racetrack table games licensee shall:
(1) Submit an application to the commission in the form the commission requires including adequate information to serve as a basis for a thorough background check;
(2) Submit fingerprints for a national criminal records check by the Criminal Identification Bureau of the West Virginia State Police and the Federal Bureau of Investigation. The fingerprints shall be furnished by all persons required to be named in the application and shall be accompanied by a signed authorization for the release of information by the Criminal Investigation Bureau and the Federal Bureau of Investigation. The commission may require any applicant seeking the renewal of a license or permit to furnish fingerprints for a national criminal records check by the Criminal Identification Bureau of the West Virginia State Police and the Federal Bureau of Investigation; and
(3) Pay to the commission a nonrefundable application and license fee for deposit into the Racetrack Table Games Fund in the amount of one hundred dollars, which shall be in lieu of the first year's license fee provided in subsection (g) of this section.
(e) Authorization. -- A license to supply a racetrack table games licensee authorizes the licensee to sell or lease gaming equipment or offer services to a racetrack with West Virginia Lottery table games while the license is active. The commission may by rule establish the conditions which constitute an emergency under which the commission may issue provisional licenses pending completion of final action on an application.
(f) Inventory. -- A licensed table games supplier shall submit to the commission a list of all gaming equipment and services sold, delivered to or offered to a racetrack with West Virginia Lottery table games in this state when required by the commission.
(g) Fees, expiration date and renewal. -- A licensed table games supplier shall pay to the commission an annual license fee of one hundred dollars for an initial term beginning prior to the date of the supplier's first sale to a racetrack table games licensee and continuing through the end of the twelfth month thereafter whenever the licensee has paid the renewal fee and has continued to comply with all applicable statutory and rule requirements. The commission shall renew a license to supply a racetrack with West Virginia Lottery table games annually thereafter. A racetrack table games licensee may continue to use supplies acquired from a licensed table games supplier while that supplier was licensed, notwithstanding the expiration of the supplier's license, unless the commission finds a defect in those gaming supplies.
§29-22C-13. License to be employed in a racetrack with West Virginia Lottery table games
(a) Licenses. -- The commission shall issue a license to be employed in the operation of racetrack table games to a person who meets the requirements of this section.
(b) License qualifications. -- To qualify for a license to be employed in the operation of West Virginia Lottery table games, the applicant shall be an individual of good moral character, honesty and integrity, and have been offered employment by the racetrack table games licensee contingent upon licensure pursuant to the provisions of this section. The commission by rule may establish different specific requirements for each job classification that may be created by the commission to recognize the extent to which a particular job classification has the ability to impact the proper operation of West Virginia Lottery table games.
(c) License application requirements. -- An applicant for a license to be employed by a racetrack with West Virginia Lottery table games in a position or to perform duties for which a license is required under this article or rules of the commission shall:
(1) Submit an application to the commission in the form required by the commission for each job classification including adequate information to serve as a basis for a thorough background check;
(2) Submit fingerprints for a national criminal records check by the Criminal Identification Bureau of the West Virginia State Police and the Federal Bureau of Investigation. The fingerprints shall be furnished by all persons required to be named in the application and shall be accompanied by a signed authorization for the release of information by the Criminal Investigation Bureau and the Federal Bureau of Investigation. The commission may require any applicant seeking the renewal of a license or permit to furnish fingerprints for a national criminal records check by the Criminal Identification Bureau of the West Virginia State Police and the Federal Bureau of Investigation; and
(3) Pay to the commission a nonrefundable application fee for deposit into the Racetrack Table Games Fund in the amount of one hundred dollars. The fee may be paid on behalf of an applicant by the employer.
(d) Authorization. -- A license to be employed by a racetrack with West Virginia Lottery table games permits the licensee to be employed in the capacity designated by the commission with respect to the license while the license is still active.
(e) Renewal fee and form. -- Each licensed employee shall pay to the commission an annual license fee set by the commission by rule by the thirtieth day of June of each year. The fee may vary based on the job classification of the applicant, but in no event shall it exceed one hundred dollars. The fee may be paid on behalf of the licensed employee by the employer. In addition to a renewal fee, each licensed employee shall submit a renewal application on the form required by the commission.
§29-22C-14. License to be a provider of management services.
(a) License. -- The commission may issue a license to a person providing management services under a management services contract to a racetrack table games licensee when the commission determines that the person meets the requirements of this section and any applicable rules of the commission.
(b) License qualifications. -- Each applicant who is an individual and each individual who controls an applicant, as provided in subsection (c) section six of this article, shall be of good moral character, honesty and integrity and shall have the necessary experience and financial ability to successfully carry out the functions of a management services provider. The commission may adopt rules establishing additional requirements for an authorized management services provider. The commission may accept licensing by another jurisdiction, specifically determined by the commission to have similar licensing requirements, as evidence the applicant meets authorized management services provider licensing requirements.
(c) Management service provider specifications. -- An applicant for a license to provide management services to a racetrack table games licensee shall demonstrate that the management services that the applicant plans to offer to the racetrack table games licensee conform or will conform to standards established by rules of the commission and applicable state law. The commission may accept management services provider approval by another jurisdiction, specifically determined by the commission to have management services, as evidence the applicant meets the standards established by the commission and applicable state law.
(d) License application requirements. -- An applicant for a license to provide management services to a racetrack table games licensee shall:
(1) Submit an application to the commission in the form required by the commission including adequate information to serve as a basis for a thorough background check;
(2) Submit fingerprints for a national criminal records check by the Criminal Identification Bureau of the West Virginia State Police and the Federal Bureau of Investigation. The fingerprints shall be furnished by all persons required to be named in the application and shall be accompanied by a signed authorization for the release of information by the Criminal Investigation Bureau and the Federal Bureau of Investigation. The commission may require any applicant seeking the renewal of a license or permit to furnish fingerprints for a national criminal records check by the Criminal Identification Bureau of the West Virginia State Police and the Federal Bureau of Investigation; and
(3) Pay to the commission a nonrefundable application and license fee for deposit into the Racetrack Table Games Fund in the amount of one hundred dollars, which shall be in lieu of the first year's license fee provided in subsection (f) of this section.
(e) Authorization. -- A license to provide management services to a racetrack table games licensee authorizes the licensee to provide management services to a racetrack with West Virginia Lottery table games while the license is active. The commission may by rule establish the conditions which constitute an emergency under which the commission may issue provisional licenses pending completion of final action on an application.
(f) Fees, expiration date and renewal. -- A licensed provider of management services shall pay to the commission an annual license fee of one hundred dollars for an initial term beginning prior to the date of the provider's first contract with a racetrack table games licensee and continuing through the end of the twelfth month thereafter whenever the licensee has paid the renewal fee and has continued to comply with all applicable statutory and rule requirements. The commission shall renew a license to provide management services to a racetrack with West Virginia Lottery table games annually thereafter. A racetrack table games licensee may continue to use the management services provided by the management services provider while that provider was licensed, notwithstanding the expiration of the provider's license, unless the commission finds the services provided are not conforming to standards established by rule of the commission and applicable state law.
§29-22C-15. License prohibitions.
(a) The commission may not grant any license pursuant to the provisions of this article if evidence satisfactory to the commission exists that the applicant:
(1) Has knowingly made a false statement of a material fact to the commission;
(2) Has been suspended from operating a gambling game, gaming device or gaming operation, or had a license revoked by any governmental authority of a state of the United States having responsibility for the regulation of gambling or gaming activities; or
(3) Has been convicted of a crime of moral turpitude, a gambling-related offense, a theft or fraud offense, or has otherwise demonstrated, either by a police record or other satisfactory evidence, a lack of respect for law and order.
(b) In the case of an applicant for a license to supply a racetrack with West Virginia Lottery table games, the commission may deny a license to any applicant, reprimand any licensee or suspend or revoke a license:
(1) If the applicant or licensee has not demonstrated to the satisfaction of the commission financial responsibility sufficient to adequately meet the requirements of the proposed enterprise;
(2) If the applicant or licensee is not the true owner of the business or is not the sole owner and has not disclosed the existence or identity of other persons who have an ownership interest in the business; or
(3) If the applicant or licensee is a corporation which sells more than five percent of a licensee's voting stock, or more than five percent of the voting stock of a corporation which controls the licensee, or sells a licensee's assets, other than those bought and sold in the ordinary course of business, or any interest in the assets, to any person not already determined by the commission to have met the qualifications of a licensee under this article.
(c) In the case of an applicant for a racetrack table games license, the commission may deny a license to any applicant, reprimand any licensee or suspend or revoke a license:
(1) If the applicant or licensee knowingly employs an individual in a job classification which includes West Virginia Lottery table games management duties who has been convicted of a crime of moral turpitude, a gambling-related offense, or a theft or fraud offense under the laws of this state, another state, the United States or a territory of the United States or knowingly employs any individual in a job classification which includes West Virginia Lottery table games management duties who has had a license relating to the operation of a gaming activity revoked by this state or any other state;
(2) If the applicant or licensee is not the true owner of the business or is not the sole owner and has not disclosed the existence or identity of other persons who have an ownership interest in the business; or
(3) If the applicant or licensee is a corporation, which sells more than five percent of a licensee's voting stock, or more than five percent of the voting stock of a corporation which controls the licensee or sells a licensee's assets, other than those bought and sold in the ordinary course of business, or any interest in the assets, to any person not already determined by the commission to have met the qualifications of a licensee under this article, unless the sale has been approved in advance by the commission.
§29-22C-16. License denial, revocation, suspension and reprimand.
(a) Notwithstanding any provision of subsection (b), section thirteen of this article to the contrary, the commission may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee, or any person having control of the applicant or licensee:
(1) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or another person;
(2) Fraudulently or deceptively uses a license;
(3) Is convicted of a felony under the laws of this state, another state, the United States or a territory of the United States; or
(4) Is convicted of a misdemeanor under the laws of this state, another state, the United States or a territory of the United States for gambling or a gambling related activity.
(b) Instead of or in addition to reprimanding a licensee or suspending or revoking a license, the commission may impose a civil penalty under section thirty-one of this article.
§29-22C-17. Hearing procedures.
(a) Right to a hearing. -- Except as otherwise provided by law, before the commission takes any adverse action involving a licensee under the provisions of this article, it shall give the persons against whom the action is contemplated an opportunity for a hearing before the commission or a hearing examiner designated by the commission.
(b) Notice of hearing and right to counsel. -- The commission shall give notice and hold the hearing in accordance with article five, chapter twenty-nine-a of this code. The notice shall be sent to the person by certified mail addressed to the last known address of the person at least thirty days before the hearing. The person may be represented at the hearing by legal counsel.
(c) Failure to comply with subpoena. -- If a person fails to comply with a subpoena issued for purposes of this section, on petition of the commission, the circuit court may compel obedience to the subpoena. If after due notice the person against whom the action is contemplated fails or refuses to appear or provide the item or items for which a subpoena duces tecum was issued, the commission or the commission's designated hearing examiner may hear and determine the matter.
(d) Appeal. -- Any person aggrieved by a final order or decision of the commission in a contested case may file a petition for appeal in the Circuit Court of Kanawha County within thirty days after the person received notice of the final order or decision, as provided in section four, article five, chapter twenty-nine-a of this code.
§29-22C-18. Notice of license expiration and renewal.
(a) At least two months before any license issued under this article expires, the commission shall send to the licensee, by mail addressed to the last known address of the licensee, a renewal application form and notice that states:
(1) The date on which the current license expires;
(2) The date by which the commission must receive the renewal application for the renewal to be issued and mailed before the existing license expires; and
(3) The amount of the renewal fee.
§29-22C-19. Miscellaneous license provisions.
(a) The commission shall include on each license that it issues:
(1) The type of license;
(2) The identity and address of the licensee;
(3) The effective date of the license;
(4) For employee licenses, the picture of the licensee; and
(5) Any other information the commission considers appropriate.
(b) Each racetrack table games licensee, licensed supplier of a racetrack with West Virginia Lottery table games or a licensed management services provider shall display the license conspicuously in its place of business or have the license readily available for inspection at the request of any agent of the commission or of a state, local or municipal law-enforcement agency.
(c) Each holder of a license to be employed by a racetrack with West Virginia Lottery table games shall carry the license on his or her person at all times when present in a racetrack with West Virginia Lottery table games and, if required by rules adopted by the commission with respect to the particular capacity in which the licensee is employed, have some indicia of licensure prominently displayed on his or her person in accordance with the rules of the commission.
(d) Each person licensed under this article shall give the commission written notice of any change of address or any change of any other information provided in the licensee's application for a license or for renewal of a license, as soon as the effective date of the change is known to the licensee but not later than thirty days after the change occurs.
§29-22C-20. Game rules of play; disputes.
(a) Each racetrack licensed as an agent of the commission authorized to operate West Virginia Lottery table games shall have written rules of play for each table game it operates that are approved by the commission before the table game is offered to the public. Rules of play proposed by a racetrack table games licensee may be approved, amended or rejected by the commission.
(b) All West Virginia Lottery table games shall be conducted according to the specific rules of play approved by the commission. All wagers and pay-offs of winning wagers shall be made according to those rules of play, which shall establish any limitations necessary to assure the vitality of table games operations.
(c) Each racetrack table game licensee shall make available in printed form to any patron, upon request of the patron, the complete text of the rules of play of any West Virginia Lottery table game in operation at its racetrack facility, pay-offs of winning wagers and any other advice to the player required by the commission.
(d) Patrons are considered to have agreed that the determination of whether the patron is a valid winner is subject to the game play rules and, in the case of any dispute, will be determined by the commission. The determination by the commission shall be final and binding upon all patrons and shall not be subject to further review or appeal.
§29-22C-21. Betting limits; operations and services.
(a) Notwithstanding anything to the contrary contained elsewhere in this article, a racetrack licensee may, as agent of the commission, in the exercise of its business judgment, determine and establish with the approval of the commission, with respect to West Virginia lottery table games, the following:
(1) Minimum and maximum wagers;
(2) Advertising and promotional activities, and the offering of any complimentary to a player, subject to the standards provided in section twenty-three of this article and rules of the commission;
(3) Hours of operation;
(4) The days during which games may be played; and
(5) Currency denominations accepted by any mechanical or electronic bill acceptors.
(b) Notwithstanding anything to the contrary contained elsewhere in this chapter, the commission may establish the following parameters for any commission regulated lottery game of any kind which is played at a licensed racetrack:
(1) Minimum and maximum payout percentages;
(2) Any probability limits of obtaining the maximum payout for a particular play; and
(3) Limitations on the types and amounts of financial transactions, including extension of credit to a patron, which a racetrack can enter into with its patrons.
§29-22C-22. Posting of betting limits.
A racetrack table game licensee shall conspicuously post a sign at each West Virginia Lottery table game indicating the permissible minimum and maximum wagers pertaining at that table. A racetrack table games licensee may not require any wager to be greater than the stated minimum or less than the stated maximum. However, any wager actually made by a patron and not rejected by a racetrack table games licensee prior to the commencement of play shall be treated as a valid wager.
§29-22C-23. Complimentary service, gift, cash or other item.
(a) No racetrack table games licensee may offer or provide any complimentary service, gift, cash or other item of value to any person unless:
(1) The complimentary consists of room, food, beverage or entertainment expenses provided directly to the patron and his or her guests by the racetrack table games licensee or indirectly to the patron and his or her guests on behalf of the licensee by a third party;
(2) The complimentary consists of documented transportation expenses provided directly to the patron and his or her guests on behalf of a racetrack table games licensee by a third party, provided that the licensee complies with the rules promulgated by the commission to ensure that a patron's and his or her guests' documented transportation expenses are paid for or reimbursed only once; or
(3) The complimentary consists of coins, tokens, cash or other complimentary items or services provided through any complimentary distribution program, the terms of which shall be filed with the commission upon implementation of the program or maintained pursuant to commission rule. Any change in the terms of a complimentary program shall be filed with the commission upon implementation of the change.
(b) Notwithstanding any provision of subsection (a) of this section to the contrary, a racetrack table games licensee may offer and provide complimentary cash or non-cash gifts that are not otherwise included in that subsection to any person: Provided, That any complimentary cash or non-cash gifts in excess of an amount per trip to be set by interpretive rule of the commission, are supported by documentation regarding the reason the gift was provided to the patron and his or her guests, including where applicable a patron's player rating. The documentation shall be maintained by a racetrack table games licensee in accordance with commission rules. For purposes of this subsection, all gifts presented to a patron and a patron's guests directly by the racetrack table games licensee or indirectly on behalf of the licensee by a third party within any five-day period shall be considered to have been made during a single trip.
§29-22C-24. Law enforcement.
(a) Generally. - Notwithstanding any provision of this code to the contrary, the commission shall, by contract or cooperative agreement with the West Virginia State Police, arrange for those law-enforcement services uniquely related to gaming as such occurs at facilities of the type authorized by this article that are necessary to enforce the provisions of this article.
(b) Costs. - The cost of services provided by the West Virginia State Police pursuant to a contract or cooperative agreement entered into pursuant to the provisions of subsection (a) of this section, including, but not limited to necessary training costs, shall be paid by the commission as an administrative expense.
(c) Notwithstanding any provision of this code to the contrary, the West Virginia State Police shall have exclusive jurisdiction over felony offenses committed on the grounds of any racetrack licensed under the provisions of this article.
§29-22C-25. Inspection and seizure.
As a condition of licensure, to inspect or investigate for criminal violations of this article or violations of the rules promulgated by the commission, the commission's agents and the West Virginia State Police may each, without notice and without warrant:
(1) Inspect and examine all premises of the racetrack with West Virginia Lottery table games, gaming devices, the premises where gaming equipment is manufactured, sold, distributed or serviced or any premises in which any records of the activities are prepared or maintained;
(2) Inspect any gaming equipment in, about, upon or around the premises of a racetrack with West Virginia Lottery table games;
(3) Seize summarily and remove from the premises and impound any gaming equipment for the purposes of examination, inspection or testing;
(4) Inspect, examine and audit all books, records, and documents pertaining to a racetrack table games licensee's operation;
(5) Summarily seize, impound or assume physical control of any book, record, ledger, table game, gaming equipment or device, cash box and its contents, counting room or its equipment or West Virginia Lottery table games operations; and
(6) Inspect the person, and the person's personal effects present on the grounds of a licensed racetrack with West Virginia Lottery table games, of any holder of a license issued pursuant to this article, while that person is present on the grounds of a licensed racetrack with West Virginia Lottery table games.
§29-22C-26. Tax on the privilege of holding a license to operate West Virginia Lottery table games.

(a) Imposition and rate of tax. -- For the privilege of holding a license under this article to operate table games, there is levied and shall be collected from the racetrack table games licensee the annual privilege tax imposed by this section. The tax shall be thirty-five percent of the licensee's adjusted gross receipts from the operation of West Virginia Lottery table games. For purposes of calculating the amount of tax due under this section, the licensee shall use the accrual method of accounting.
(b) Tax returns and payment of tax. --
(1) The annual tax levied by subsection (a) of this section is due and payable to the commission in weekly installments on or before the Wednesday of the calendar week following the week in which the adjusted gross receipts were received and the tax accrued.
(2) The racetrack table games licensee shall, on or before Wednesday of each week, make out and submit by electronic communication to the commission, a return for the preceding week, in the form prescribed by the commission, showing:
(A) The total gross receipts and adjusted gross receipts from operation of West Virginia Lottery table games during that week;
(B) The amount of tax for which the racetrack table games licensee is liable; and
(C) Any additional information necessary in the computation and collection of the tax required by the commission.
(3) The amount of tax shown to be due on the return shall be remitted by electronic funds transfer simultaneously with the filing of the return. All payments received pursuant to this section shall be deposited in the Racetrack Table Games Fund in accordance with the provisions of section twenty-seven of this article.
(4) When adjusted gross receipts for a week is a negative number because the winnings paid to patrons wagering on the racetrack's West Virginia Lottery table games exceeds the racetrack's gross receipts from the purchase of table game tokens, chips or electronic media by patrons, the commission shall allow the licensee to, pursuant to rules of the commission, carry over the negative amount of adjusted gross receipts to returns filed for subsequent weeks. The negative amount of adjusted gross receipts may not be carried back to an earlier week and the commission is not required to refund any tax received by the commission, except when the licensee surrenders its license to act as agent of the commission in operating West Virginia lottery table games under this article and the licensee's last return filed under this section shows negative adjusted gross receipts. In that case, the commission shall multiply the amount of negative adjusted gross receipts by the applicable rate of tax and pay the amount to the licensee, in accordance with rules of the commission.
(c) Tax imposed by this section is in lieu of other taxes. --
(1) With the exception of the ad valorem property tax collected under chapter eleven-a of this code, the tax imposed by this section is in lieu of all other state taxes and fees imposed on the operation of, or the proceeds from operation of West Virginia Lottery table games, except as otherwise provided in this section.
The Consumers Sales and Services Tax imposed pursuant to article fifteen, chapter eleven of this code, shall not apply to the licensee's gross receipts from any wagering on West Virginia Lottery table games authorized pursuant to this article or to the licensee's purchase of gaming equipment, supplies or services directly used in operation of the table games authorized by this article. These purchases are also exempt from the Use Tax imposed by article fifteen-a, chapter eleven of this code.
(2) With the exception of the ad valorem property tax collected under chapter eleven-a of this code, the tax imposed by this section is in lieu of all local taxes and fees levied on or imposed with respect to the privilege of offering West Virginia Lottery table games to the public, including, but not limited to, the municipal business and occupation taxes and amusement taxes authorized by article thirteen, chapter eight of this code, and the municipal sales and service tax and use taxes authorized by article thirteen-c, chapter eight of this code.
(d) Prohibition on credits. -- Notwithstanding any other provision of this code to the contrary, no credit may be allowed against the tax imposed by this section or against any other tax imposed by any other provision of this code for any investment in gaming equipment, or for any investment in real property, or in improvements to the real property, that is used in the operation of West Virginia Lottery table games.
§29-22C-27. West Virginia Lottery Racetrack Table Games Fund; Community Based Service Fund; State Debt Reduction Fund; distribution of funds.

(a)(1) There is hereby created and established a special fund in the State Treasury to be known as the West Virginia Lottery Racetrack Table Games Fund and all tax collected under this article shall be deposited with the State Treasurer and placed in the West Virginia Lottery Racetrack Table Games Fund. The Fund shall be an interest bearing account with all interest or other return earned on the money of the fund credited to and deposited in the fund.
(2) Notwithstanding any provision of this article to the contrary, all racetrack table games license fees received by the commission pursuant to section eight of this article shall be deposited into the Community Based Service Fund which is hereby created in the State Treasury. Moneys of the fund shall be expended by the Bureau of Senior Services upon appropriation of the Legislature solely for the purpose of enabling the aged and disabled citizens of this state to maintain their residency in the community based setting through the provision of home and community based services.
(b) From the gross amounts deposited into the Racetrack Table Games Fund pursuant to subsection (a) of this section, the commission shall:
(1) Retain an amount for the administrative expenses of the commission as determined by the commission in accordance with subsection (d) of this section;
(2) Transfer two and one-half percent of adjusted gross receipts from all thoroughbred racetracks with West Virginia Lottery table games to the special funds established by each thoroughbred racetrack table games licensees for the payment of regular racetrack purses, such amount being divided equally between such special funds of each thoroughbred racetrack table games licensee and transfer two and one-half percent of adjusted gross receipts from all greyhound racetracks with West Virginia Lottery table games to the special funds established by each greyhound racetrack table games licensees for the payment of regular racetrack purses, such amount being divided equally between such special funds of each greyhound racetrack table games licensee;
(3) Transfer two percent of the adjusted gross receipts from all licensed racetracks to the Thoroughbred Development Fund created under section thirteen-b, article twenty-three, chapter nineteen of this code and the Greyhound Breeding Development Fund created under section ten, article twenty-three, chapter nineteen of this code. The total amount transferred under this subdivision shall be divided pro rata among the development funds for each racetrack table games licensee based on relative adjusted receipts from each racetrack. No portion of the amounts transferred to these funds may be used for the benefit of any person or activity other than at or associated with a racetrack table games licensee;
(4) Transfer one percent of the adjusted gross receipts from each licensed racetrack to the county commissions of the counties where racetracks with West Virginia Lottery table games are located. The one percent transferred under this subdivision shall be divided pro rata among the counties with a racetrack with West Virginia Lottery table games based on relative adjusted gross receipts from each county's racetrack: Provided, That the county board of education of a growth county, as that term is defined in section three, article twenty, chapter seven of this code, which has enacted the Local Powers Act, and in which county a racetrack is located that has participated in the West Virginia Thoroughbred Development Fund since on or before the first day of January, one thousand nine hundred ninety-one, shall receive one percent of adjusted gross receipts as provided in this subdivision for the purpose of capital improvements;
(5) Transfer two percent of the adjusted gross receipts from each licensed racetrack to the governing bodies of municipalities within counties where racetracks with West Virginia Lottery table games are located, which shall be allocated as follows:
(A) One half of the amounts transferred under this subdivision shall be allocated to the municipalities within each county having a racetrack table games licensee, based on relative adjusted gross receipts from West Virginia Lottery table games from those racetracks and the total amount allocated to the municipalities within a county shall be divided pro-rata among the municipalities based on each municipality's population determined at the most recent United States decennial census of population: Provided, That: (I) For each allocation, when a municipality is physically located in two or more counties, only that portion of its population residing in the county where the authorized table games are located shall be considered; (ii) no single municipality in a county where West Virginia Lottery racetrack table games are played may receive a total share under this part A that is in excess of seventy-five percent of the total distribution under this part A for the county in which the municipality is located; and (iii) no municipality receiving monies under this part A shall receive an amount which is less than that received by a municipality under provisions of subdivision four, subsection (c) of this section; and
(B) One half of the amounts transferred under this subdivision shall be allocated pro-rata to the municipalities within all the counties having a racetrack table games licensee based on each municipality's population determined at the most recent United States decennial census of population: Provided, That: (I) No municipality which received funds above its pro-rata share pursuant to subpart (iii) of part A above shall receive an allocation under this part B; (ii) for each allocation, when a municipality is physically located in two or more counties, only that portion of its population residing in the county where the authorized table games are located shall be considered; and (iii) no single municipality in a county where West Virginia Lottery racetrack games are played may receive a total share under this part B that is in excess of twenty-five percent of the total transfers under this part B: Provided, however, That the county board of education of a growth county, as that term is defined in section three, article twenty, chapter seven of this code, which has enacted the Local Powers Act, and in which county a racetrack is located that has participated in the West Virginia Thoroughbred Development Fund since on or before the first day of January, one thousand nine hundred ninety-one, shall receive the two percent of adjusted gross receipts as provided in this subdivision for the purpose of capital improvements;
(6) Transfer one-half of one percent of the adjusted gross receipts to the governing bodies of municipalities in which a racetrack table games licensee is located, which municipalities shall each receive an equal share of the total amount allocated under this subdivision: Provided, That no distribution under this subdivision shall be made to any municipality which did not have a licensed racetrack within its municipal boundaries as they existed on the first day of January, two thousand seven: Provided, however, That if no racetrack table games licensee is located within a municipality, no transfer shall be made under this subdivision; and
(7) Distribute the remaining amounts, hereinafter referred to as the net amounts in the Racetrack Table Games Funds, in accordance with the provisions of subsection (c) of this section.
(c) From the net amounts in the Racetrack Table Games Fund, the commission shall:
(1) Transfer seventy-six percent to the State Debt Reduction Fund, which is hereby created in the State Treasury. Moneys of the fund shall be expended solely for the purpose of accelerating the reduction of existing unfunded liabilities and existing bond indebtedness of the state and shall be expended or transferred only upon appropriation of the Legislature;
(2) Transfer four percent, divided pro-rata based on relative adjusted gross receipts from the individual licensed racetracks for and on behalf of all employees of each licensed racing association, into a special fund to be established by the Racing Commission to be used for payment into the pension plan for all employees of each licensed racing association;
(3) Transfer ten percent, to be divided and paid in equal shares, to each county commission in the state that is not eligible to receive a distribution under subdivision four, subsection (b) of this section: Provided, That funds transferred to county commissions under this subdivision shall be used only to pay regional jail expenses and the costs of infrastructure improvements and other capital improvements.
(4) Transfer ten percent, to be divided and paid in equal shares, to the governing bodies of each municipality in the state that is not eligible to receive a distribution under subdivisions five and six, subsection (b) of this section: Provided, That funds transferred to municipalities under this subdivision shall be used only to pay for debt reduction in municipal police and fire pension funds and the costs of infrastructure improvements and other capital improvements.
(d) All expenses of the commission incurred in the administration and enforcement of this article shall be paid from the Racetrack Table Games Fund, including reimbursement of state law-enforcement agencies for services performed at the request of the commission pursuant to this article. At no time may the commission's expenses associated with a particular racetrack with authorized table games under this article exceed three percent of the total annual adjusted gross receipts received from that licensee's operation of table games under this article, including, but not limited to, all license fees or other amounts attributable to the licensees operation of table games under this article. These expenses shall either be allocated to the racetrack with West Virginia Lottery table games for which the expense is incurred, if practicable, or be treated as general expenses related to all racetrack table games facilities and be allocated pro-rata among the racetrack table games facilities based on the ratio that annual adjusted gross receipts from operation of table games at each racetrack with West Virginia Lottery table games bears to total annual adjusted gross receipts from operation of table games at all racetracks with West Virginia Lottery table games during the fiscal year of the state. From this allowance, the commission shall transfer at least one hundred thousand but not more than five hundred thousand dollars into the Compulsive Gambling Treatment Fund created in section nineteen, article twenty-two-a of this chapter.
§29-22C-28. Prohibition on unauthorized wagering.
(a) A racetrack table games licensee may receive wagers only from an individual physically present in a designated gaming area at a licensed racetrack with West Virginia Lottery table games.
(b) All racetracks with West Virginia Lottery table games shall use a method of wagering whereby the table game player's money for wagering on table games is, at the request of the player, converted to tokens, electronic cards or other electronic media, or chips at the table or elsewhere at the licensed racetrack.
(1) The tokens, electronic cards or other electronic media, or chips issued by a licensee racetrack with West Virginia Lottery table games can only be used for wagering at that racetrack.
(2) Wagering on West Virginia Lottery table games may not be conducted with money or other negotiable currency or with tokens, electronic cards or other electronic media or chips not issued by the racetrack where the table games will be played.
(3) At the request of the player, the licensee shall convert a player's tokens, electronic cards or other electronic media or chips back to money.
(4) The licensee may not charge a fee for converting a player's money to an acceptable media for play at a gaming table or charge a fee for converting the acceptable media for wagering at a gaming table back to money.
(c) No licensed racetrack employee may place a wager on any table game at the employer's racetrack.
§29-22C-29. Offenses and penalties.
(a) A racetrack table games licensee is guilty of unlawful operation when:
(1) The licensee operates a West Virginia Lottery table game without authority of the commission to do so;
(2) The licensee operates a West Virginia Lottery table game in any location that is not a designated gaming area approved by the commission;
(3) The licensee knowingly conducts, carries on, operates or exposes for play or allows to be conducted, carried on, operated or exposed for play any table game or other device, equipment or material that has in any manner been tampered with or placed in a condition or operated in a manner, the result of which is designed to deceive the public;
(4) The licensee employs an individual in a position or to perform duties, for which a license is required by this article or rules of the commission and the employee does not have a license issued under the provisions of this article or the licensee continues to employ the individual in a position or to perform duties, for which a license is required by this article or rules of the commission, after the employee's license expired, was revoked by the commission or not renewed by the commission;
(5) The licensee acts or employs another person to act as if he or she is not an agent or employee of the licensee in order to encourage participation in a West Virginia Lottery table game at the licensed racetrack;
(6) The licensee knowingly permits an individual under the age of twenty-one years of age to enter or remain in a designated gaming area or to play racetrack video lottery terminals or West Virginia Lottery table games at a licensed racetrack authorized under this article to act as the commission's agent in operating the West Virginia Lottery table games; or
(7) The licensee exchanges tokens, chips, electronic media or other forms of credit to be used for wagering at a licensed racetrack authorized under this article to operate West Virginia Lottery table games, for anything of value except in exchange for money or credits to a player's account.
(b) A person is guilty of a misdemeanor when:
(1) The person knowingly makes a false statement on any application for a license under this article or on an application for renewal of a license issued under this article;
(2) The person operates, carries on or exposes for play a West Virginia Lottery table game prior to obtaining a license or after the person's license has expired and prior to actual renewal of the license or before the West Virginia Lottery table game and the licensee's rules for play of the game are approved or modified and approved by the commission; or
(3) The person works or is employed in a position requiring a license under the provisions of this article without having the license required by this article.
(c) A person is guilty of a felony when:
(1) The person offers, promises or gives anything of value or benefit to a person who has an ownership or financial interest in, is employed by or has a service contract with, a racetrack with West Virginia Lottery table games or to that person's spouse or any dependent child or dependent parent, pursuant to an agreement or arrangement, in fact or implied from the circumstances, with intent that the promise or thing of value or benefit will influence the actions of the person in order to affect or attempt to affect the outcome of a West Virginia Lottery table game, or to influence official action of the commission. For the purposes of this subdivision and subdivision (2) of this subsection, the term 'person who is connected with a table games facility' includes, but is not limited to, a person licensed under this article as well as an officer or employee of a licensee;
(2) The person solicits or knowingly accepts or receives a promise of anything of value or benefit while the person is connected with a racetrack with West Virginia Lottery table games, pursuant to an understanding or arrangement in fact or implied from the circumstances, with the intent that the promise or thing of value or benefit will influence the actions of the person to affect or attempt to affect the outcome of a West Virginia Lottery table game or to influence official action of the commission; or
(3) The person uses or possesses on property owned by the licensed racetrack or on property contiguous to the licensed racetrack, with the intent to use, an electronic, electrical or mechanical device that is designed, constructed or programmed to assist the user or another person:
(A) In projecting the outcome of a West Virginia Lottery table game;
(B) In keeping track of the cards dealt or in play;
(C) In analyzing the probability of the occurrence of an event relating to a West Virginia Lottery table game;
(D) In analyzing the strategy for playing or betting to be used in a West Virginia Lottery table game, except as permitted in writing by the commission; or
(E) In obtaining an advantage at playing any West Virginia Lottery table game at a licensed racetrack authorized under this article to operate West Virginia Lottery table games;
(4) The person manufactures, sells or distributes any card, chip, die, game or device, by whatever name called, that is intended by that person to be used to violate any provision of this article or the table gaming laws of any other state;
(5) The person places a bet after unlawfully acquiring knowledge of the outcome of the West Virginia Lottery table game that is the subject of the bet or aids a person in acquiring that knowledge for the purpose of placing a bet contingent on the outcome of a West Virginia Lottery table game authorized under this article;
(6) The person claims, collects, takes or attempts to claim, collect or take anything of value into or from a racetrack with West Virginia Lottery table games, with intent to defraud, without having made a wager contingent on winning an West Virginia Lottery table game or knowingly claims, collects or takes an amount of money or thing of value of greater value than the amount won;
(7) The person knowingly uses chips, electronic media or tokens that are counterfeit to place a wager at a racetrack with West Virginia Lottery table games;
(8) The person knowingly uses any medium to place a wager at a racetrack licensed under this article other than tokens, chips, electronic cards or other electronic media, or other method of credit approved by the commission and issued by the racetrack licensed under this article at which the wager is placed on a West Virginia Lottery table game;
(9) The person, not a licensed racetrack under this article or an employee or agent of a racetrack licensed under this article acting in furtherance of the licensee's interest, has in his or her possession on grounds owned by the racetrack licensed under this article or on grounds contiguous to the licensed racetrack, any device, by whatever name called, intended to be used to violate a provision of this article or a rule of the commission implementing or explaining a provision of this article; or
(10) The person, not a licensee or employee or agent of a licensee acting in furtherance of the racetrack table games licensee's interests, has in his or her possession any key or device designed for the purpose of opening, entering or affecting the operation of a West Virginia Lottery table game, drop box or an electronic or mechanical device connected with or used in connection with a West Virginia Lottery table game in a licensed racetrack or for removing bills, tokens, chips or other contents therefrom.
(d) Any person who violates any provision of subsection (a) or (b) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars and committed to a state correctional facility for not more than six months, except that in the case of a person other than a natural person, the amount of the fine imposed may not be more than twenty-five thousand dollars.
(e) Any person who violates any provision of subsection (c) of this section is guilty of a felony and, upon conviction thereof, shall be fined not less than five thousand dollars nor more than ten thousand dollars and committed to a state correctional facility for a term of imprisonment not less than one year nor more than five years.
(f) With regard to subdivision (3), subsection (c) of this section, each racetrack table games licensee shall post notice of this prohibition and the penalties of this section in a manner determined by the commission.
§29-22C-30. Forfeiture of property.
(a) Anything of value, including all traceable proceeds, including, but not limited to, real and personal property, moneys, negotiable instruments, securities and conveyances, is subject to forfeiture to the State of West Virginia if the item is used for any of the following:
(1) As a bribe intended to affect the outcome of a West Virginia Lottery table game in a licensed racetrack; or
(2) In exchange for, or to facilitate, a violation of this article.
(b) The Legislature finds and declares that the seizure and sale of items under the provisions of this section is not contemplated to be a forfeiture as that term is used in section 5, article XII of the Constitution of West Virginia and, to the extent that a seizure and sale may be found to be such a forfeiture, the Legislature hereby finds and declares that the proceeds from a seizure and sale under this article are not part of net proceeds as it is contemplated by section five, article XII of the Constitution of West Virginia.
(c) If the forfeited property includes the racetrack real property and all of its improvements and related personal property, the commission may take control of and operate the racetrack and all related functions until the forfeited property is sold or is returned to the licensee as a result of due process proceedings.
(d) Subsection (a) of this section does not apply if the act or omission that gives rise to the forfeiture is committed or omitted without the actual or reasonably implied knowledge or consent of the owner of the property to be forfeited.
§29-22C-31. Civil penalties.
(a) The commission may impose on any person who violates the provisions of this article a civil penalty not to exceed fifty thousand dollars for each violation, whether or not the person is licensed under this article.
(b) The provisions of article five, chapter twenty-nine-a of this code apply to any civil penalty imposed pursuant to the provisions of this section.
§29-22C-32. Preemption.
No local law or rule providing any penalty, disability, restriction, regulation or prohibition for operating a racetrack with West Virginia Lottery table games or supplying a licensed racetrack may be enacted, and the provisions of this article preempt all regulations, rules, ordinances and laws of any county or municipality in conflict with this article.
§29-22C-33. Exemption from federal law.
Pursuant to section 2 of chapter 1194, 64 Stat. 1134, 15 U.S.C. 1172, approved January 2, 1951, the State of West Virginia, acting by and through duly elected and qualified members of the Legislature, does declare and proclaim that the state is exempt from chapter 1194, 64 Stat. 1134, 15 U.S.C. 1171 to 1178.
§29-22C-34. Shipment of gambling devices.
All shipments of gambling devices, including video lottery machines, to licensed racetracks in this state, the registering, recording, and labeling of which have been completed by the manufacturer or dealer thereof in accordance with Chapter 1194, 64 Stat. 1134, 15 U.S.C. §1171 to §1178, are legal shipments of gambling devices into the State of West Virginia.
ARTICLE 25. AUTHORIZED GAMING FACILITY.
§29-25-1. Authorization of limited gaming facility; findings; intent.
(a) Operation of authorized games of chance. -- Notwithstanding any provision of law to the contrary, the operation of West Virginia lottery games permitted by this article and the related operation of a gaming facility and ancillary activities is not unlawful when conducted under the terms specified in this article and article twenty-two-c of this chapter.
(b) Legislative findings. -- The Legislature finds and declares that the tourism industry plays a critical role in the economy of this state and that a substantial state interest exists in protecting that industry. It further finds and declares that the authorization of the operation of a gaming facility at no more than one well-established historic resort hotel in this state as provided in this article will serve to protect and enhance the tourism industry, and indirectly other segments of the economy of this state, by providing a resort hotel amenity which is becoming increasingly important to many actual and potential resort hotel patrons.
The Legislature finds and declares that except for video lottery operation operations pursuant to subsection (c), section three of this article and the operation of the other authorized games of chance permitted by this article does not constitute the operation of lotteries or gift enterprises within the purview of section thirty-six, article VI of the Constitution of West Virginia. With respect to video lottery games contemplated hereunder, the Legislature restates and reaffirms the findings and declarations set forth in section two, article twenty-two-a of this chapter
(c) Legislative intent. -- It is the intent of the Legislature in the enactment of this article to promote tourism and year-round employment in this state. It is expressly not the intent of the Legislature to promote gaming. As a consequence, it is the intent of the Legislature to allow limited gaming as authorized by this article and article twenty-two-c of this chapter with all moneys gained from the operation of the gaming facility, other than those necessary to reimburse reasonable costs of operation, to inure to the benefit of the state."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2718 - "A Bill to amend and reenact §29-22-18,of the Code of West Virginia, 1931, as amended; to amend and reenact §29-22A-10c of said code; to amend said code by adding thereto a new article, designated §29-22C-1, §29-22C-2, §29-22C-3, §29-22C-4, §29- 22C-5, §29-22C-6, §29-22C-7, §29-22C-8, §29-22C-9, §29-22C-10, §29-22C-11, §29-22C-12, §29- 22C-13, §29-22C-14, §29-22C-15, §29-22C-16, §29-22C-17, §29-22C-18, §29-22C-19, §29-22C- 20, §29-22C-21, §29-22C-22, §29-22C-23, §29-22C-24, §29-22C-25, §29-22C-26, §29-22C-27, §29-22C-28, §29-22C-29, §29-22C-30, §29-22C-31, §29-22C-32, §29-22C-33 and §29-22C-34; and to amend and reenact §29-25-1 of said code, all relating to authorization of West Virginia lottery table games generally; providing for Lottery Commission operation and administration expenses; providing recoupment criteria and changing the recoupment period for the capital reinvestment fund; West Virginia Lottery Racetrack Table Games Act; authorizing West Virginia Lottery table games at licensed horse and dog racetracks; providing for legislative findings, including constitutional considerations; providing definitions; providing for Lottery Commission regulation of gaming activities; duties and powers of Lottery Commission; authorizing the Lottery Commission to promulgate rules; authorizing the Lottery Commission and director to hire necessary staff; placing requirements and limitations on lottery employees; providing for duties, powers and administrative expenses of the Lottery Commission; requiring local option elections to approve licensure of West Virginia Lottery table games at racetrack facilities; procedure for elections; providing for reconsideration elections; providing for licensees to engage in activities related to operation of West Virginia Lottery table games at racetrack facilities; providing qualifications for applicant for license to operate West Virginia Lottery table games at a racetrack facility; providing floor plan requirements; authorizing management service contracts; coordination of licensed activities; providing license application requirements; establishing an annual license surcharge for failure to construct certain hotel facilities; extension of time for construction; racetrack table games licensee qualifications; establishing license fees; requirement for surety bond; issuance of licenses and prohibiting transfer, assignment, sale or pledge as collateral; requiring audits and reports of licensees; providing duties of racetrack table games licensees; preference in hiring for table games jobs; providing that the state owns exclusive right to conduct table games and may grant a license to operate West Virginia Lottery table games to qualified licensees; providing duties for racetrack table games licensees; licensees to hold state harmless from any and all claims; providing reporting requirements for table games licensees; establishing requirements for licensees to supply gaming equipment or services; establishing requirements of license for employees of operator of racetracks with West Virginia Lottery table games; establishing requirements for management services provider license; establishing license fees; prohibitions to granting of a license; providing grounds for denial, revocation, suspension or reprimand of license; establishing hearing procedures; providing for expiration and renewal of licenses; requiring renewal fees; requiring Lottery Commission to give notice regarding license expiration and renewal to licensees; specifying information to be included on license; requiring display and availability of license; requiring notice of change of address; requiring commission approval of West Virginia Lottery table games rules of play; resolution of disputes over game rules by Lottery Commission; requiring licensees to provide written notice to players of games of chance of game rules and payouts; providing for method to determine betting limits and operations and services by racetrack licensees; requiring the posting of betting limits and other requirements relating to operations and services; establishing limitations for offering complimentary goods and services; providing conditions for sale of alcohol; providing for contract agreements and costs for services and training of the State Police; exclusive jurisdiction of State Police over felony offenses committed at a racetrack; authorizing inspections and seizure of certain property; authorizing certain warrantless searches of person and property; imposing privilege tax on adjusted gross receipts of racetrack with West Virginia Lottery table games; providing procedure for filing and payment of said tax; exempting racetrack licensees from certain taxes; prohibition on credits against privilege tax; creating West Virginia Lottery Racetrack Table Games Fund; providing for distribution of amounts from said fund; creating Community Based Service Fund; appropriation of moneys for senior services by the Legislature; creating State Debt Reduction Fund; authorizing expenditures from said fund; authorizing and limiting use of funds by counties and municipalities; clarifying and limiting expenses of the Lottery Commission for administration and enforcement of article; providing prohibited wagers and other activities; prohibiting certain wagering methods; establishing criminal offenses and penalties; providing for forfeiture of certain property; providing civil penalties; providing for the preemption of certain local laws, ordinance and rules; providing for exemption from certain federal laws relating to shipment of gambling devices; and revising legislative findings relating to authorization of West Virginia Lottery table games at a well established resort hotel."
Delegate DeLong was recognized and proceeded to explain the differences between the House text of the bill and the text of the Senate amendment under consideration by the House.
Following a lengthy and thorough explanation, and diverse questions of Delegate DeLong, assisted by House Counsel, the Speaker inquired if there were any other members desiring to pose questions regarding the Senate amendment under consideration. There being none, the Speaker again recognized Delegate DeLong for the purpose of offering a motion.
Whereupon,
Delegate DeLong then moved that the House concur in the Senate amendment to Com. Sub. for H. B. 2718, except as to the words "section twenty-one" on page thirty-one, section eight, subsection (f), line twenty-six of the Senate amendment, and further moved that the Senate be requested to recede from the aforementioned language, thereby restoring House language at that page, section and line.
Delegate Armstead arose to a point of order, inquiring under what authority of the House Rules or the Joint Rules such procedure was to be found.
The Speaker replied that authority for such procedure was established in Jefferson's Manual and the Digest of the Rules and Practices of the House of Representatives of the United States Congress. The Speaker further stated that what the House was doing, under the terms of the motion offered by Delegate DeLong, was simply to divide the Senate amendment into two potions, essentially presenting the same question as dividing any other amendment pending before the House, as is routinely done.
The Speaker further stated that the Majority Leader's motion was to agree to the Senate amendment except in one place - that being the language appearing on page thirty-one, line twenty- six of the Senate amendment, and that the House was requesting the Senate to recede from its language and to restore the House language to read "section twenty-three" at that location.
The Speaker then ruled the point of order not well taken, and again stated the pending question before the House.
Delegate Armstead was again recognized for the purpose of addressing the question before the House. During his remarks, he made reference to Conference procedures, and Delegate DeLong arose to a point of order, stating that the Gentleman's remarks had veered from the pending question.
To the point of order, the Speaker replied, and requested Delegate Armstead to continue with his remarks, but to confine them to the question at hand.
At the conclusion of his remarks, Delegate Armstead relinquished the floor and the Speaker recognized Delegate Sobonya, who immediately moved that further consideration of the motion offered by Delegate DeLong as to the disposal of the Senate amendment be postponed until the anticipated evening session later on today.
Delegate DeLong arose to a point of order as to the motion by Delegate Sobonya, and the Speaker ruled the point of order not well taken, stating that a motion to postpone further consideration at this point would be in order.
The Speaker then put the motion before the House, stating "Shall further consideration of the Senate amendment be postponed until the anticipated evening session?"
The question being put, Delegate Sobonya demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 312), and there were--yeas 26, nays 72, absent and not voting 2, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Duke, Ellem, Ellis, Frederick, Hartman, Ireland, Lane, Miller, C, Miller, J, Overington, Pino, Porter, Rowan, Schoen, Sobonya, Sumner and Tansill.
Absent and Not Voting: Talbott and Thompson, Ron.
So, a majority of the members present and voting not having voted in the affirmative, the motion to postpone further consideration did not prevail.
The Speaker then put the question on the motion offered by Delegate DeLong, and the same prevailed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegates Craig, Doyle, Tabb and Wysong requested that the Clerk record them in the Journal as voting "Nay" on the motion as to the disposal of the Senate amendment.
At 1:30 p.m., on motion of Delegate DeLong, the House of Delegates recessed for fifteen minutes, and reconvened at that time.
Unfinished Business

Com. Sub. for S. C. R. 20, Requesting Division of Highways name section of U. S. Route 60 in Kanawha County from Campbells Creek Road to Warrior Way "Adam Johnson Crumpler Memorial Midland Trail"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
H. C. R. 34, Urging the West Virginia Congressional Delegation to support legislation calling for federal approval of extension of the Lewis and Clark National Historic Trail; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 57, Requesting the Joint Committee on Government and Finance to conduct a study on the need to eliminate mercury and mercury preservatives in vaccines; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 61, The "Harvey E. Horn Memorial Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 66, Requesting the Joint Committee on Government and Finance to study the cost efficiency and effectiveness of employers, self insured for purposes of workers' compensation coverage, who self administer claims; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Delegate Craig requested that the Journal record him as voting "Nay" on the adoption of H. C. R. 66.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Third Reading

S. B. 335, Providing funding for WV Affordable Housing Trust Fund; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 313), and there were--yeas 63, nays 34, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Argento, Armstead, Ashley, Barker, Blair, Border, Carmichael, Cowles, Doyle, Duke, Ellem, Frederick, Hutchins, Ireland, Kessler, Lane, Long, Miller, C, Miller, J, Moye, Overington, Porter, Schadler, Schoen, Shaver, Sobonya, Sumner, Tabb, Tansill, Walters, Williams and Wysong.
Absent And Not Voting: Shook, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 335) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 460, Providing notice to Division of Natural Resources, Division of Forestry and state forest superintendent relating to oil and gas access roads; on third reading, coming up in regular order, was read a third time.
Delegate Armstead requested to be excused from voting on the passage of Com. Sub. for S. B. 460 under the provisions of House Rule 49, stating that his employer possibly may represent oil and gas enterprises.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 314), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Ireland and Romine.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 460) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 460 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-5-22, relating to providing notice of new road construction and road maintenance for access to gas and oil wells in state forests; requiring a public comment period; establishing notice criteria; and requiring the director of the Division of Natural Resources to propose legislative and emergency rules."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 490, Relating to Underground Storage Tank Insurance Fund; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 315), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 490) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 573, Creating programs to monitor physicians, podiatrists and physician assistants who are recovering substance abusers; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 316), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Sumner.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 573) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 573 - "A Bill to amend and reenact §30-3-9, §30-3-12and §30-3-16 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §30-3D-1, §30-3D-2 and §30-3D-3; and to amend said code by adding thereto a new section, designated §30-14-11a, all relating to authorizing the West Virginia Board of Medicine and the West Virginia Board of Osteopathy; designating programs in which physicians, podiatrists and physician assistants may be monitored while they pursue treatment and recovery for alcohol abuse, chemical dependency or major mental illness; enrolling on a voluntary basis without being subject to disciplinary action if the person complies with the goals and restrictions of the program; and requiring licenses for physicians, podiatrists and physician assistants to expire rather than being suspended if required continuing education is not documented."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 588, Removing tax expiration date on manufacturing or production of synthetic fuel from coal; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 317), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Perdue, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 588) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 588 - "A Bill to amend and reenact §11-13-2f of the Code of West Virginia, 1931, as amended, relating to the taxation of synthetic fuel; removing the expiration date of the tax on manufacturing or production of synthetic fuel from coal which is scheduled to expire on the thirtieth day of June, two thousand seven; and amending the definition of synthetic fuel-producing county."
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 318), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Perdue, Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 588) takes effect from its passage.
Delegate Perdue announced that he was absent when the votes were taken on Roll Nos. 317 and 318, and that had he been present, he would have voted "Yea" thereon.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 615, Authorizing certain municipalities to enter into contracts for electric power purchase; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 319), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Long, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 615) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 708, Modifying registration requirements of charities; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 320), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 708) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for H. B. 2790, Authorizing magistrate courts to assess a fee for record searches; on second reading, coming up in regular order, was, on motion of Delegate DeLong, laid upon the table.
Second Reading

Com. Sub. for S. B. 68, Improving coal mine health and safety; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 100, Requiring local school boards reimburse mileage to school service personnel using own vehicle; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-14. Mileage reimbursement for school personnel.

A county board shall reimburse any school personnel for each mile traveled when the employee is required to use a personal motor vehicle in the course of employment. The county board shall reimburse at the same rate for all employees in that county. The rate of reimbursement shall be at least the lesser of, and not more than the greater of, the federal standard mileage rate and the rate authorized by the travel management rule of the Department of Administration.".
The bill was then ordered to third reading.
Com. Sub. for S. B. 121, Tolling state licensure or registration requirements for active duty military personnel; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 175, Creating Clandestine Drug Laboratory Remediation Act; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 185, Creating Tobacco Settlement Finance Authority; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance , was reported by the Clerk and adopted, amending the bill on page six, section one-a, line twenty-one, following the word "of" by removing the word "fifty" and inserting in lieu thereof the word "forty-five".
On page seventeen, section eight, line four, following the word "chairperson" and the comma by inserting the words "the Treasurer of the State of West Virginia,".
On page seventeen, section eight, line four, following the word "and" by removing the word "four" and inserting in lieu thereof, the word "three".
On page twenty-two, section eleven, line fifty-eight, by removing subsection (13) in its entirety.
On page twenty-two, section eleven, line sixty, by removing subsection (14) in its entirety.
On page twenty-three, section eleven, line seventy-seven, following the word "subsection" by removing the designation (7) and inserting in lieu thereof the designation (8) and by redesignating all subsections in section eleven accordingly.
On page twenty-four, section twelve, line nine, following the word "than" by removing the words "eight hundred" and inserting in lieu thereof the words "seven hundred seventy-five".
On page twenty-five, section twelve, line forty-seven, following the word "than" by removing the words "eight hundred" and inserting in lieu thereof the words "seven hundred seventy- five".
And,
On page twenty-six, section twelve, line sixty-four, following the designation "(7)" by removing the subsection in its entirety and inserting in lieu thereof the following: "A requirement that the cost of issuance excluding fees for bond insurance, credit enhancements, liquidity facilities and rating agency fees, plus underwriter's discount and any other costs associated with the issuance shall not exceed, in the aggregate, the sum of one percent of the aggregate principal amount of the bonds issued."
The bill was then ordered to third reading.
S. B. 203, Creating Purchasing Improvement Fund; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 204, Assessing cost of petit juries in magistrate court; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 1. PETIT JURIES.
§52-1-17. Reimbursement of jurors.
(a) A juror shall be paid mileage, at the rate set by the commissioner of finance and Secretary of the Department of Administration for state employees, for travel expenses to and from the juror's residence to the place of holding court courthouse or other place where the court is convened and return and shall be reimbursed for other expenses incurred as a result of his or her required attendance at sessions of the court at a rate of between fifteen and forty dollars of not less than fifteen dollars nor more than forty dollars, set at the discretion of the circuit court or the chief judge thereof of the circuit court, for each day of required attendance. Such The reimbursement shall be based on vouchers submitted to the sheriff. Such mileage and reimbursement and shall be paid out of the State Treasury.
(b) When a jury in any case is placed in the custody of the sheriff, he or she shall provide for and furnish the jury with necessary meals and lodging while they are in the sheriff's custody at a reasonable cost to be determined by an order of the court; and the court. The costs of the meals and lodging shall be paid for out of the State Treasury.
(c) Anytime a panel of prospective jurors has been required to report to court for the selection of a petit jury in any scheduled matter, the court shall, by specific provision in a court order, assess a jury cost. In both magistrate and circuit court cases the jury cost shall be the actual cost of the jurors' service: and in magistrate court cases Provided, That the actual cost of a magistrate jury can only be assessed where the jury request or demand occurs on or after the first day of July, two thousand seven. For any magistrate court case in which the jury request or demand occurred prior to the first day of July, two thousand seven, the jury cost assessed shall be two hundred dollars. Such The jury costs shall be assessed against the parties as follows:
(1) In every criminal case, against the defendant upon conviction, whether by plea, by bench trial or by jury verdict;
(2) In every civil case, against either party or prorated against both parties, at the court's discretion, if the parties settle the case or trial is to the bench elect for a bench trial; and
(3) In the discretion of the court, and only when fairness and justice so require, a circuit court or magistrate court may forego assessment of the jury fee, but shall set out the reasons therefor for waiving the fee in a written order: Provided, That a waiver of the assessment of a jury fee in a case tried before a jury in magistrate court may only be permitted after the circuit court, or the chief judge thereof of the circuit court, has reviewed the reasons set forth in the order by the magistrate and has approved such the waiver.
(d)(1) The circuit or magistrate court clerk shall by the tenth day of the month following the month of collection remit to the State Treasurer for deposit as described in subdivision (2) of this subsection all jury costs collected and the clerk and the clerk's surety are liable therefor for the collection on the clerk's official bond as for other money coming into the clerk's hands by virtue of the clerk's office. When the amount of the jury costs collected in a magistrate court case exceeds two hundred dollars, the magistrate court clerk shall separately delineate the portion of the collected jury costs which exceeds two hundred dollars.
(2) The jury costs described in subdivision (1) of this subsection shall upon receipt by the State Treasurer be deposited as follows:
(A) All jury costs collected in a magistrate court case which exceed two hundred dollars shall be deposited in the state's general revenue fund, and,
(B) The remaining balance of the collected jury costs shall be deposited as follows:
(i)
One-half shall be deposited into the Parent Education and Mediation Fund created in section six hundred four, article nine, chapter forty-eight of this code; and
(B)(ii) one-half shall be deposited into the Domestic Violence Legal Services Fund created in section six hundred three, article twenty-six of said chapter.
(e) The sheriff shall pay into the State Treasury all jury costs received from the court clerks and the sheriff shall be held to account in the sheriff's annual settlement for all such the moneys."
The bill was then ordered to third reading.

Com. Sub. for S. B. 319, Authorizing miscellaneous boards and agencies promulgate legislative rules; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk, on page six, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO PROMULGATE LEGISLATIVE RULES.

§64-9-1. Commissioner of Agriculture.

(a) The legislative rule filed in the State Register on the twenty-fourth day of July, two thousand six, authorized under the authority of section two, article nine, chapter nineteen of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the fifteenth day of September, two thousand six, relating to the Commissioner of Agriculture (animal disease control, 61 CSR 1) is authorized.
(b) The legislative rule filed in the State Register on the twentieth day of July, two thousand six, authorized under the authority of section eight, article fifteen-a, chapter nineteen of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fifteenth day of September, two thousand six, relating to the Commissioner of Agriculture (West Virginia Agricultural Liming Materials Law, 61 CSR 6A) is authorized with the following amendments:
On page three, subsection 6.2., after the word "commissioner", by striking out the word "shall" and inserting in lieu thereof the word "may".
And,
On page three, subsection 8.1., by striking out "8.1.a.".
(c) The legislative rule filed in the State Register on the twentieth day of July, two thousand six, authorized under the authority of section three, article twelve, chapter nineteen of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-fourth day of October, two thousand six, relating to the Commissioner of Agriculture (West Virginia Plant Pest Control Act, 61 CSR 14) is authorized.
(d) The legislative rule filed in the State Register on the twentieth day of July, two thousand six, authorized under the authority of section four, article twelve-d, chapter nineteen of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fifteenth day of September, two thousand six, relating to the Commissioner of Agriculture (noxious weeds, 61 CSR 14A) is authorized.
§64-9-2. Board of Architects.
The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand six, authorized under the authority of section one, article twelve, chapter thirty of this code, modified by the Board of Architects to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eighteenth day of September, two thousand six, relating to the Board of Architects (registration of architects, 2 CSR 1) is authorized with the following amendment:
On page nine, subsection 8.8., line six, after the words "regardless of age.", by striking out the remainder of the subsection.
§64-9-3. State Auditor.
The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section ten-c, article three, chapter twelve of this code, relating to the State Auditor (transaction fee and rate structure, 155 CSR 4) is authorized.
§64-9-4. State Conservation Agency.
The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section four, article twenty-one-a, chapter nineteen of this code, modified by the State Conservation Agency to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the seventeenth day of November, two thousand six, relating to the State Conservation Agency (State Conservation Committee, 63 CSR 1) is authorized.
§64-9-5. Board of Examiners in Counseling.
(a) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand six, authorized under the authority of section five, article thirty-one, chapter thirty of this code, modified by the Board of Examiners in Counseling to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twentieth day of December, two thousand six, relating to the Board of Examiners in Counseling (licensing, 27 CSR 1) is authorized with the following amendments:
On page three, subsection 4.2., by striking out "4.2.1";
On page three, by redesignating subdivision 5.1.a as subsection 5.2;
On page three, by redesignating paragraphs 5.1.a.(1). through 5.1.a.(5) as subdivisions 5.2.a. through 5.2.e.;
On page four, subdivision 6.1.b., at the beginning of the sentence, by striking out the words "The applicant" and inserting in lieu thereof the words "After the effective date of this rule in 2007, applicants";
On page six, paragraph 6.1.b.11, after the words "family counseling/therapy" by inserting a semicolon;
On page eight, subdivision 6.2.c, line fifteen, after the word "supervisor" by inserting the word "shall".
On page eight, subdivision 6.2.c., in the final sentence of the subdivision after the words "statement detailing" by striking out the word "their" and inserting in lieu thereof the words "his or her";
On page 8, subsection 7.1, in the first sentence after the words "must meet the" by inserting the words "equivalency of";
On page nine, subsection 7.1, in the final sentence after the words "in 1986" by inserting the words "and who have maintained their licenses continually since that time";
On page nine, paragraph 7.1.b.1., after the words "of this section" by striking out the words "will receive credit of forty (40) contact hours for each renewal prior to the effective date" and inserting in lieu thereof the words "may use the forty (40) contact hours earned for each renewal to meet the course requirements set forth in section 6.1.b."; and,
On page nine, subsection 7.2, in the first sentence after the words "must meet the" by inserting the words "equivalency of".
On page nine, section eight, line one by striking out "8.1.";
On page ten, by redesignating subdivisions 8.1.a. through 8.1.c. as subdivisions 8.1 through 8.3.;
On page twelve, section thirteen, line one by striking out "13.1." and by striking out the word "persons" and inserting in lieu thereof the word "person";
On page fourteen, subsection 16.6., line one, after the words "36 months", by striking out the comma and words "subject to the following renewal provision";
On page fourteen, subdivision 16.6.a., line one, by striking out "16.6.a.";
On page fourteen, section seventeen, line one, by striking out "17.1";
And,
On page fourteen, by redesignating subdivisions 17.1.a. through 17.1.e. as subdivisions 17.1. through 17.5.
(b) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand six, authorized under the authority of section five, article thirty-one, chapter thirty of this code, relating to the Board of Examiners in Counseling (license renewal and continuing education requirements, 27 CSR 3) is authorized with the following amendments:
On page two, subsection 5.1., by striking out "5.1.a.";
On page two, subdivision 5.1.a., line nine, after the words "renewals can" by inserting the word "be" and after the words "obtained through" by striking out "ACA" and inserting in lieu thereof the words "American Counseling Association (ACA)";
On page two, subsection 5.2., by striking out "5.2.a.";
On page three, subsection 5.5., by striking out "5.5.a.";
On page three, subsection 5.8., after the word "status" by striking out the comma;
On page three, subsection 5.9, after the word "programs" by changing the semicolon to a period;
On page three, subsection 5.9., by striking out "5.9.1.";
On page three, subdivision 5.9.1, line five, by striking out the word "program" and, after the words "home study", by inserting the word "program";
And,
On pages three and four, section six, by striking out "6.1." and by redesignating subdivisions 6.1.a. through 6.1.d. as subdivisions 6.1. through 6.4.
§64-9-6. Hospital Finance Authority.
The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section five, article twenty-nine-a, chapter sixteen of this code, modified by the Hospital Finance Authority to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the thirtieth day of October, two thousand six, relating to the Hospital Finance Authority (establishment of a fee schedule and costs allocations applicable to the issuance of bonds by the Hospital Finance Authority, 116 CSR 1) is authorized.
§64-9-7. Board of Landscape Architects.
(a) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section six, article twenty-two, chapter thirty of this code, modified by the Board of Landscape Architects to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the eleventh day of January, two thousand seven, relating to the Board of Landscape Architects (registration of landscape architects, 9 CSR 1) is authorized with the following amendments:
On page one, subsection 1.2., after "30-22-", by striking out the remained of the subsection and inserting in lieu thereof "6";
On page one, subdivision 2.2.e., by striking out the word "Means";
On page two, subdivision 2.2.g., by striking out the word "Means";
On page two, subdivision 2.2.j., by striking out the word "Means";
On page three, subsection 3.5., line three, by striking out the word "Secretaries" and inserting in lieu thereof the word "secretaries";
On page three, subsection 3.5., line four, by striking out the word "Secretaries" and inserting in lieu thereof the word "secretaries";
On page three, subsection 4.1., line three, by striking out the word "shall" and inserting in lieu thereof the word "may";
On page three, subsection 4.1., line four, by striking out the word "shall" and inserting in lieu thereof the word "may";
On page three, subsection 4.10., after the words "number and" by inserting the word "the";
On page four, subdivision 4.12.b., after the word "provided", by striking out the comma;
On page four, subdivision 4.12.c., by striking out the word "shall" and inserting in lieu thereof the word "may";
On page four, paragraph 4.13.a.1., after the word "certification", by changing the comma to a semi-colon;
On page four, paragraph 4.13.a.2., by capitalizing the word "if";
On page four, subdivision 4.13.b., by striking out the word "prescribed" and inserting in lieu thereof the word "provided";
On page four, subsection 5.1., by striking out the word "plus" and inserting in lieu thereof the word "and";
On page four, subsection 5.2., after the word "place" by striking out the period and the words "The Board" and inserting in lieu thereof the word "and";
On page five, subsection 5.4., after the words "examination period." by striking out the word "Those" and inserting in lieu thereof the words "If the applicant fails to successfully complete those";
On page five, subsection 5.4., after the word "failed, by striking out the words "must be retaken";
On page five, subsection 5.4., after the words "(2) year period" by striking out the period and the words "If not retaken during this two (2) year period";
On page five, subsection 5.5., by striking out the word "must" and inserting in lieu thereof the words "who fails to";
On page five, subsection 5.5., after the words "(5) year period", by striking out the period and the words "Applicants not so doing";
On page five, subsection 5.6., by striking out the words "in the event that" and inserting in lieu thereof the word "if";
On page five, subsection 5.6., by striking out the words "maintain a credit of" and inserting in lieu thereof the word "credit";
On page five, subsection 5.6., after the words "handling fee." by striking out the words "Examination credit for the applicant" and inserting in lieu thereof the words "The credit";
On page five, subsection 5.6., after the words "original examination date" by striking out the words "after which the remaining credit is forfeit" and inserting in lieu thereof the words "or be forfeited";
On page five, section six, by striking out subsection 6.3.in its entirety and inserting in lieu thereof the following: "6.3. A temporary permit may not be renewed or a new one issued."
On page five, subsection 7.1., by striking out the words "to the Board within thirty (30) days of the change" and after the words "current information" by inserting the words "within thirty (30) days of the change";
On page five, subdivision 7.3.a., after the word "requirements" by striking out the word "as";
On page five, subdivision 7.3.b., by striking out the word "required" and inserting in lieu thereof the word "renewal";
On page five, subdivision 7.3.b., after the word "fee" by inserting the word "and";
On page six, subdivision 7.3.c., by striking out the word "prescribed in" and by inserting the words "in accordance with";
On page six, subdivision 7.4.f., by striking out the word "shall" and inserting in lieu thereof the word "may";
On page six, subdivision 7.5.a., after the words "(4) years" by striking out the comma and the word "desiring" and inserting in lieu thereof the words "and who desires";
On page six, subdivision 7.5.b., by striking out the word "prescribed" and inserting in lieu thereof the word "provided";
On page seven, subdivision 7.5.c., by striking out the word "The" and inserting in lieu thereof the word "A";
On page seven, subdivision 7.5.c., after the word "registrant" by inserting the words "seeking reinstatement";
On page seven, subdivision 8.2.b., after the word "signature", by striking out the words "that is" and inserting in lieu thereof a comma and the words "provided pursuant to";
On page seven, subdivision 8.2.b., after the word "process" by striking out the comma;
On page seven, paragraph 8.2.b.2., by capitalizing the word "capable";
On page seven, paragraph 8.2.b.3., by capitalizing the word "under";
On page seven, paragraph 8.2.b.4., by capitalizing the word "linked";
On page seven, subsection 8.3., by striking out the words "for the use in the State of West Virginia";
On page seven, subdivisions 8.4.b. through 8.4.d., by capitalizing the word "the";
On page eight, subsection 8.9., line four, after the words "revocation of" by inserting the words "his or her";
On page eight, subsection 8.11., by striking out the words "the registrant signing and sealing documents" and inserting in lieu thereof the word "Documents";
On page eight, subsection 8.11., after the words "shall be" by inserting the words "signed and sealed by";
On page eight, subsection 8.12., by striking out the words "made by";
On page eight, subsection 8.12., after the word "she" by inserting the words "has made";
On page eight, subsection 9.1., by striking out the word "who" and inserting in lieu thereof the word "which";
On page eight, subsection 9.1., by striking out the words "met the provisions" and inserting in lieu thereof the words "satisfied the requirements";
On page eight, subsection 9.1., by striking out the words "the seal of the Board" and inserting in lieu thereof the word "seal";
On page nine, subsection 9.3., line one, after the word "including" by inserting the words "those for";
On page nine, subsection 9.6., by striking out "9.6.a." and redesignating paragraphs 9.6.a.1. through 9.6.a.4. as subdivisions 9.6.a. through 9.6.d.;
On page nine, by striking out paragraph 9.6.a.2. in its entirety;
On page nine, paragraph 9.6.a.3., by striking out the word "prescribed" and inserting in lieu thereof the words "as provided";
On page nine, paragraph 9.6.a.4., by striking out the word "who" and inserting in lieu thereof the word "which";
On page nine, subsection 9.9., after the word "submitted" by striking out the words "to the Board";
On page nine, subsection 9.9., after the words "responsible charge" by striking out the comma and inserting the word "any";
On page ten, subdivision 10.3.d., after the word "experience" by striking out the comma and the word "nor" and inserting in lieu thereof the word "or";
On page ten, subdivision 10.3.d., after the word "any" by striking out the word "such";
On page ten, subdivision 10.3.e., after the word "field" by striking out the words "landscape architecture";
On page ten, subdivision 10.3.e., after the words "upon request" by striking out the words "of the landscape architect";
On page ten, subdivision 10.4.d., after the word "advice" by striking out the comma and the word "who" and inserting in lieu thereof the word "which";
On page ten, subdivision 10.4.e., by striking out the word "found" and inserting in lieu thereof the word "founded";
On page eleven, subdivision 10.4.f., line two, after the word "terminate", by inserting the words "his or her";
On page eleven, subdivision 10.4.f., after the words "reference to the project." by striking out the remainder of the subdivision;
On page eleven, subdivision 10.4.g., by striking out the word "shall" and inserting in lieu thereof the word "may";
On page eleven, subdivision 10.4.h., by striking out the word "shall" and inserting in lieu thereof the word "may";
On page eleven, subdivision 10.5.c., by striking out the word "shall" and inserting in lieu thereof the word "may";
On page eleven, subdivision 10.5.d., by striking out the word "shall" and inserting in lieu thereof the word "may";
On page eleven, subdivision 10.5.e., line one, by striking out the word "shall" and inserting in lieu thereof the word "may";
On page eleven, subdivision 10.5.e., by striking out the word "organization" and inserting in lieu thereof the word "firm";
On page eleven, subdivision 10.5.e., by striking out the words "private concern, shall" and inserting in lieu thereof the words "firm, may";
On page eleven, subdivision 10.5.e., line five, by striking out the words "private concern" and inserting in lieu thereof the word "firm";
On page eleven, subdivision 10.5.f., line one, by striking out the word "shall" and inserting in lieu thereof the word "may";
On page eleven, subdivision 10.5.f., line two, by striking out the word "shall" and inserting in lieu thereof the word "may";
On page eleven, subdivision 10.5.g., by striking out the word "shall" and inserting in lieu thereof the word "may";
On page twelve, subsection 10.6., line one, by striking out the word "shall" and inserting in lieu thereof the word "may";
On page twelve, subsection 10.6., after the words "misrepresentation of his or her" by striking out the comma and inserting the word "own";
On page twelve, subsection 10.6., line two, by striking out the word "shall" and inserting in lieu thereof the word "may";
On page twelve, subsection 10.6., after the words "of prior assignments." by striking out the remainder of the subsection;
On page twelve, subsection 10.7., line one, by striking out the word "shall" and inserting in lieu thereof the word "may";
And,
On page twelve, subsection 10.9., after the words "grounds for" by striking out the words "a charge of" and inserting in lieu thereof the words "charging a violation".
(b) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section six, article twenty-two, chapter thirty of this code, modified by the Board of Landscape Architects to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the eleventh day of January, two thousand seven, relating to the Board of Landscape Architects (continuing education, 9 CSR 2) is authorized with the following amendments:
On page one, section two, by striking out "2.1" and by redesignating subdivisions 2.1.a. through 2.1.c. as subdivisions 2.1. through 2.3.;
On page one, subdivision 2.1.c., after the word "tutorials" by striking out the semi-colon:
On page one, subdivision 2.1.c., after the word "provided", by striking out the comma;
On page one, subsection 3.1., by striking out the words "for each renewal period" and inserting in lieu thereof the word "annually";
On page two, subdivision 3.3.e, after the word "architecture" by striking out the words "and to" and inserting in lieu thereof the words "of";
On page two, subsection 3.4., by striking out the words "continuing education related";
On page two, subsection 3.4., after the word "activity" by inserting the words "for continuing education credit";
On page two, subsection 3.5., by striking out the words "When a" and inserting in lieu thereof the word "A";
On page two, subsection 3.5., by striking out the words "under suspension seeks" and inserting in lieu thereof the words "has been suspended may seek";
On page two, subsection 3.5., after the words "reinstatement of" by striking out the words "a license, the person seeking reinstatement shall complete" and inserting in lieu thereof the words "his or her license by completing";
On page two, subsection 3.5., by striking out the words "professional development hours" and inserting in lieu thereof the words "PDH units";
On page two, subsection 3.5., line six, after the words "PDH units and", by inserting the word "to";
On page two, section four, by striking out "4.1." and by redesignating subdivisions 4.1.a and 4.1.b. as subdivisions 4.1. and 4.2.;
On page two, subsection 4.1, by striking out the words "maintaining records is the responsibility of the licensee.";
On page three, section five, by striking out "5.1." and by redesignating subdivisions 5.1.a. through 5.1.d. as subdivisions 5.1. through 5.4.;
On page three, subsection 5.1., by striking out the word "board" and inserting in lieu thereof the word "Board";
On page three, subdivision 5.1.a., by striking out the words "way of";
On page three, subdivision 5.1.a., after the word "exempt", by striking out the word "for the first renewal period following the original date of" and inserting in lieu thereof the words "from continuing education requirements until their licenses have been renewed a first time after initial";
On page three, subdivision 5.1.b., by striking out the words "professional development hours" and inserting in lieu thereof the words "PDH units";
On page three, subdivision 5.1.c., lines two and four, by striking out the word "board" and inserting in lieu thereof the word "Board";
On page three, subdivision 5.1.c., after the word "occurs." by striking out the remainder of the subdivision;
On page three, subdivision 5.1.d., by striking out the word "Licensee" and inserting in lieu thereof the word "licensee";
On page three, subdivision 5.1.d., after the word "exempt" by inserting the words "from continuing education requirements";
On page three, subsection 6.1., after the word "proof", by striking out the words "of satisfying the" and inserting in lieu thereof the words "that he or she has satisfied";
And,
On page three, subsection 6.2., line five, by striking out the word "further" and inserting in lieu thereof the word "additional".
(c) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section six, article twenty-two, chapter thirty of this code, relating to the Board of Landscape Architects (fees, 9 CSR 3) is authorized with the following amendments:
On page one, by striking out subsection 2.2. in its entirety and inserting in lieu thereof the following:
2.2. "Board" means the West Virginia State Board of Landscape Architects.
On page one, by striking out "2.2.a." and inserting in lieu thereof "2.3.";
On page one, subdivision 2.2.a., by placing quotation marks around the word "Registrant" and by striking out the hyphen and inserting in lieu thereof the word "means";
On page one, subsection 3.1., by striking out the words "West Virginia State Board of Landscape Architects" and inserting in lieu thereof the word "Board";
On page one, subsection 3.2., by striking out the word "The" and inserting in lieu thereof the words "Each year during the month of April, the";
On page one, subsection 3.2., after the word "registrant" by striking out the words "during the month of April of each year";
On page one, subsection 3.4., by striking out the word "A renewal" and inserting in lieu thereof the words "If a renewal application is";
And,
On page one, subsection 3.4., after the word "June", by inserting a comma and the words "the registrant's license".
§64-9-8. Massage Therapy Licensure Board.
The legislative rule filed in the State Register on the seventeenth day of July, two thousand six, authorized under the authority of section six, article thirty-seven, chapter thirty of this code, modified by the Massage Therapy Licensure Board to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the third day of August, two thousand six, relating to the Massage Therapy Licensure Board (general provisions, 194 CSR 1) is authorized with the following amendment:
On page four, by redesignating subdivision 3.11.a. as subsection 3.12. and by renumbering the remaining subsections accordingly.
§64-9-9. Board of Medicine.
The legislative rule filed in the State Register on the twenty-second day of May, two thousand six, authorized under the authority of section seven, article three, chapter thirty of this code, modified by the Board of Medicine to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-sixth day of July, two thousand six, relating to the Board of Medicine (licensing and disciplinary procedures for physicians and podiatrists, 11 CSR 1A) is authorized.
§64-9-10. Board of Osteopathy.
The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand six, authorized under the authority of section one, article fourteen-a, chapter thirty of this code relating to the Board of Osteopathy (osteopathic physician assistants, 24 CSR 2) is authorized.
§64-9-11. Board of Pharmacy.
The legislative rule filed in the State Register on the seventh day of July, two thousand five, authorized under the authority of sections six and seven, article ten, chapter sixty-a of this code, modified by the Board of Pharmacy to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eleventh day of October, two thousand five, relating to the Board of Pharmacy (ephedrine and pseudoephedrine control, 15 CSR 11) is authorized.
§64-9-12. Real Estate Commission.
The legislative rule filed in the State Register on the twenty-third day of March, two thousand six, authorized under the authority of section eight, article forty, chapter thirty of this code relating to the Real Estate Commission (requirements in licensing real estate brokers, associate brokers and salespersons and the conduct of brokerage businesses, 174 CSR 1) is authorized with the following amendment:
On page one, subsection 1.1., by striking out the word "regulations" and inserting in lieu thereof the word "rules".
§64-9-13. Board of Registered Professional Nurses.
(a) The legislative rule filed in the State Register on the sixteenth day of June, two thousand six, authorized under the authority of section four, article seven, chapter thirty of this code, modified by the Board of Examiners for Registered Professional Nurses to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-eighth day of July, two thousand six, relating to the Board of Examiners for Registered Professional Nurses (policies and criteria for the evaluation and accreditation of colleges, departments or schools of nursing, 19 CSR 1) is authorized.
(b) The legislative rule filed in the State Register on the sixteenth day of June, two thousand six, authorized under the authority of section four, article seven, chapter thirty of this code, modified by the Board of Examiners for Registered Professional Nurses to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-eighth day of July, two thousand six, relating to the Board of Examiners for Registered Professional Nurses (requirements for registration and licensure, 19 CSR 3) is authorized with the following amendments:
On page one, subsection 1.1., after the word "nurse" by inserting the words "and describes behavior which constitutes professional misconduct subject to disciplinary action";
On page one, subsection 1.2, by striking out "and §30-1-4";
On page one, subsection 2.2., by striking out the word "Supervision" and inserting in lieu thereof the word "supervision" and after the period by striking out the quotation mark;
On page one, subsection 2.3., by striking out the words "Professional Character" and inserting in lieu thereof the words "professional character" and by striking out the word "Board" and inserting in lieu thereof the word "board";
On page one, subsection 2.6., by striking out the words "national council of state boards of nursing" and inserting in lieu thereof the words "National Council of State Boards of Nursing";
On page two, by striking out paragraph 3.1.a.4. in its entirety and inserting in lieu thereof the following:
3.1.a.4. request and submit to the board the results of a state and a national electronic criminal history records check by the State Police.
3.1.a.4.A. The applicant shall furnish to the State Police a full set of fingerprints and any additional information required to complete the criminal history records checks.
3.1.a.4.B. The applicant is responsible for any fees required by the State Police in order to complete the criminal history records checks.
3.1.a.4.C. The criminal history records required by this paragraph must been have been requested within the twelve (12) months immediately before the application is filed with the Board.
3.1.a.4.D. The board may require the applicant to obtain an electronic criminal history records check from a similar agency in the state of the technician or applicant's residence, if outside of West Virginia.
3.1.a.4.E. To be qualified for licensure, the results of the criminal history records checks must be unremarkable and verified by a source acceptable to the board other than the applicant.
3.1.a.4.F. Instead of requiring the applicant to apply directly to the State Police for the criminal history records checks, the board may contract with a company specializing in the services required by this paragraph.
3.1.a.4.G. The board may deny certification to any applicant who fails or refuses to submit the criminal history records checks required by this subsection.;
On page two, subdivision 3.1.b., by striking out the word "Veterans" and inserting in lieu thereof the word "veterans";
On page two, subdivision 3.1.b., after the words "et seq." by inserting the words "an applicant who is a veteran";
On page three, by striking out paragraph 3.1.b.5. in its entirety and inserting in lieu thereof the following:
3.1.b.5. request and submit to the board the results of a state and a national electronic criminal history records check by the State Police.
3.1.b.5.A. The applicant shall furnish to the State Police a full set of fingerprints and any additional information required to complete the criminal history records checks.
3.1.b.5.B. The applicant is responsible for any fees required by the State Police in order to complete the criminal history records checks.
3.1.b.5.C. The criminal history records required by this paragraph must been have been requested within the twelve (12) months immediately before the application is filed with the Board.
3.1.b.5.D. The board may require the applicant to obtain an electronic criminal history records check from a similar agency in the state of the technician or applicant's residence, if outside of West Virginia.
3.1.b.5.E. To be qualified for licensure, the results of the criminal history records checks must be unremarkable and verified by a source acceptable to the board other than the applicant.
3.1.b.5.F. Instead of requiring the applicant to apply directly to the State Police for the criminal history records checks, the board may contract with a company specializing in the services required by this paragraph.
3.1.b.5.G. The board may deny certification to any applicant who fails or refuses to submit the criminal history records checks required by this subsection.;
On page four, by redesignating subparagraph 3.1.c.5.B. as part 3.1.c.5.B.1. and by redesignating part 3.1.c.5.B.1. as part 3.1.c.5.B.2.;
On page four, subparagraph 3.1.c.5.C., by striking out the word "Provide" and inserting in lieu thereof the word "provide";
On page four, by striking out paragraph 3.1.c.6. in its entirety and inserting in lieu thereof the following:
3.1.c.6. request and submit to the board the results of a state and a national electronic criminal history records check by the State Police.
3.1.c.6.A. The applicant shall furnish to the State Police a full set of fingerprints and any additional information required to complete the criminal history records checks.
3.1.c.6.B. The applicant is responsible for any fees required by the State Police in order to complete the criminal history records checks.
3.1.c.6.C. The criminal history records required by this paragraph must been have been requested within the twelve (12) months immediately before the application is filed with the Board.
3.1.c.6.D. The board may require the applicant to obtain an electronic criminal history records check from a similar agency in the state of the technician or applicant's residence, if outside of West Virginia.
3.1.c.6.E. To be qualified for licensure, the results of the criminal history records checks must be unremarkable and verified by a source acceptable to the board other than the applicant.
3.1.c.6.F. Instead of requiring the applicant to apply directly to the State Police for the criminal history records checks, the board may contract with a company specializing in the services required by this paragraph.
3.1.c.6.G. The board may deny certification to any applicant who fails or refuses to submit the criminal history records checks required by this subsection.;
On page four, subdivision 3.2.a., by striking out the word "Applicant" and inserting in lieu thereof the word "Applicants";
On page four, subparagraph 3.2.a.1.B, by capitalizing the words "board of examiners for registered professional nurses";
On page five, subparagraph 3.2.a.1.D., by striking out the word "Board" and inserting in lieu thereof the word "board";
On page five, paragraph 3.2.a.2, by capitalizing the words "national council licensure examination";
On page five, subparagraph 3.2.b.1.B, by capitalizing the words "board of examiners for registered professional nurses";
On page six, paragraph 3.2.b.2, by capitalizing the words "national council licensure examination";
On page seven, subparagraph 3.2.c.1.B, by capitalizing the words "board of examiners for registered professional nurses";
On page seven, paragraph 3.2.c.2., by capitalizing the words "national council licensure examination";
On page nine, subdivision 7.1.c., by striking out the word "Board" and inserting in lieu thereof the word "board";
On page nine, subdivision 7.1.d., after the word "system" by striking out the word "as";
On page nine, subdivision 7.1.d., after the word "Nursing" by inserting a comma;
On page eleven, subdivision 7.2.i., by striking out the words "ninety (90)" and inserting in lieu thereof the words "one hundred eighty (180)";
On page eleven, subsection 8.1., after the word "affidavit" by striking out the semi-colon;
On page eleven, subsection 8.1., line seven, by striking out the word "as";
On page eleven, subsection 9.1., after the words "issued by" by striking out the word "this" and inserting in lieu thereof the word "the";
On pages eleven and twelve, section nine, by striking out "9.1.a." and by redesignating paragraphs 9.1.a.1. through 9.1.a.6. as subdivisions 9.1.a. through 9.1.f.;
On page twelve, paragraph 9.1.a.6., by striking out the words "Provided, the" and inserting in lieu thereof the words "The fee for a";
On page twelve, paragraph 9.1.a.6., after the word "shall" by striking out the words "have a" and inserting in lieu thereof the word "be" and after the word "prorated", by striking out the remainder of the paragraph;
On page twelve, subsection 9.2., by striking out "9.2.a";
On page twelve, subsection 9.3., by striking out "9.3.a";
On page twelve, subsection 9.3., after the words "recipient of the designation" by striking out the word "shall" and inserting in lieu thereof the word "may";
On page twelve, subsection 9.3., after the words "in any state and" by striking out the word "shall" and inserting in lieu thereof the word "may";
On page twelve, subsection 9.3., line seven, after the word "nurse" by inserting a comma and after the words "he or she" by striking out the words "shall be" and inserting in lieu thereof the word "is";
On page thirteen, subsection 10.2., line three, by striking out the word "as";
On page thirteen, subsection 10.3., after the word "lapsed" by striking out the words "shall be" and inserting in lieu thereof the word "is";
On page thirteen, subsection 10.3., after the words "practitioner and" by striking out the words "shall be" and inserting in lieu thereof the word "is";
On page thirteen, section eleven, by striking out "11.1";
On page thirteen, section eleven, line eight, by striking out the word "as";
On page thirteen, subsection 12.1., after the words "registration and" by striking out the word "a" and inserting the word "the";
On page thirteen, subsection 12.1., line four, by striking out the word "as";
On page thirteen, subsection 12.2., line three, by striking out the word "as";
On page thirteen, subsection 12.3., by striking out the word "Board's" and inserting in lieu thereof the word "board's";
On page thirteen, subsection 13.1., after the word "assess" by striking out the word "a" and inserting in lieu thereof the word "the" and after the word "fee" by striking out the word "as;
On page thirteen, subsection 13.1., by striking out the word "Board's" and inserting in lieu thereof the word "board's";
On page seventeen, subdivision 14.1.ss., by striking out the word "Violated" and inserting in lieu thereof the word "violated";
On page seventeen, by striking out subsection 14.3. in its entirety and inserting in lieu thereof the following:
14.3. Based on the nature of the complaint filed against a technician or of the information received about an applicant, the
Board may require the technician or applicant to request and submit to the Board the results of a state and a national electronic criminal history records check by the State Police.
14.3.a. The technician or applicant under investigation shall furnish to the State Police a full set of fingerprints and any additional information required to complete the criminal history records check.
14.3.b. The technician or applicant under investigation is responsible for any fees required by the State Police in order to complete the criminal history records check.
14.3.c. The Board may require the technician or applicant to obtain an electronic criminal history records check from a similar agency in the state of the technician or applicant's residence, if outside of West Virginia.
14.3.d. Instead of requiring the technician or applicant under investigation to apply directly to the State Police for the criminal history records checks, the Board may contract with a private vendor to provide the services required in this subsection.
14.3.e. The Board may deny certification or take disciplinary action against any technician or applicant who fails or refuses to submit the criminal history records checks required by this subsection.;
On page eighteen, subdivision 15.1.b., by striking out the word "Board's" and inserting in lieu thereof the word "board's";
On page eighteen, subdivision 15.1.c., after the words "satisfaction of" by striking out the word "Board's" and inserting in lieu thereof the word "board's";
On page eighteen, subdivision 15.1.c., after the words "extent of" by striking out the word "Board's" and inserting in lieu thereof the word "board's";
And,
On page eighteen, section sixteen, by striking out "16.1".
(c) The legislative rule filed in the State Register on the sixteenth day of June, two thousand six, authorized under the authority of section four, article seven, chapter thirty of this code, modified by the Board of Examiners for Registered Professional Nurses to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-eighth day of July, two thousand six, relating to the Board of Examiners for Registered Professional Nurses (continuing education, 19 CSR 11) is authorized with the following amendments:
On page two, subdivision 3.2.1, after the words "during the" by inserting the word "twelve";
On page three, subdivision 3.5.3, line three, after the words "or shall" by striking out the word "to";
On page six, paragraph 4.4.2.a, by striking out the word "completed" and inserting in lieu thereof the word "Completing".
(d) The legislative rule filed in the State Register on the thirtieth day of August, two thousand five, authorized under the authority of sections six and seven, article seven-c, chapter thirty of this code, modified by the Board of Examiners for Registered Professional Nurses to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-eighth day of July, two thousand six, relating to the Board of Examiners for Registered Professional Nurses (dialysis technicians, 19 CSR 13) is authorized with the following amendments:
On page one, subsection 1.1., line two, by striking out the words "dialysis technicians," and inserting in lieu thereof the word "and";
On page one, subsection 1.1., by striking out the words "for approving and disapproving" and inserting in lieu thereof the words "approval of";
On page one, section two, by adding the following:
2.1. "Advisory council" means the Dialysis Technician Advisory Council provided for in W. Va. Code §30-7C-9;
2.2. "Board" means the West Virginia Board of Examiners for Registered Professional Nurses;
and by renumbering the remaining subsections accordingly;
On page one, subsection 2.1., line two, by striking out the words "comprised of" and inserting in lieu thereof a comma and the word "including";
On page one, subsection 2.4., by striking out the words "upon delegation by the registered professional nurse or physician";
On page one, section two, subsection 2.5., line three, after the words "status or" by inserting the word "of";
On page two, after subsection 2.5., by adding the following:
2.8. "Nurse administrator" means the registered professional nurse responsible for administering a Board-approved dialysis technician training program;;
On page two, after subsection 2.7., by adding the following:
2.11. "Training program" means a dialysis training program;;
On page two, subsection 3.1., by striking out the words "providing hemodialysis care" and after the word "provide" by inserting the word "hemodialysis";
On page two, subsection 3.1, by striking out the words "that the performance of the care be delegated" and inserting in lieu thereof the words "the delegation of authority";
On page two, by striking out subsection 3.2. in its entirety and inserting in lieu thereof the following:
3.2. The dialysis technician may not being dialysis care until a registered professional nurse or physician has first assessed the patient upon entering the dialysis unit to assure that he or she is stable and then delegated dialysis care to the dialysis technician.;
On page two, subsection 3.3, line two, after the word "access" by changing the semi-colon to a comma and by striking out the word "reports" and inserting in lieu thereof the word "report"; On page two, subsection 3.3, after the word "physician" by inserting a comma;
On page two, subsection 3.3, by striking out the words "prior to" and inserting in lieu thereof the word "before";
On page two, subsection 3.3, by striking out the word "proceeding" and inserting in lieu thereof the word "proceeds";
On page two, subsection 3.4, by striking out the word "shall" and inserting in lieu thereof the word "may";
On page three, subdivision 3.5.c., by striking out the words "There is validation of the dialysis technicians" and inserting in lieu thereof the words "The nurse administrator has validated the dialysis technician's";
On page four, paragraph 3.5.g.6., by striking out the word "engaging" and inserting in lieu thereof the word "engage";
On page four, paragraph 3.5.g.7., by striking out the words "by a dialysis technician";
On page four, by striking out paragraph 3.5.g.8. in its entirety and inserting in lieu thereof the following;
3.5.g.8. Not engage in sexual misconduct or in conduct that may reasonably be interpreted as sexual or in any verbal behavior that is or may reasonably be interpreted as seductive or sexually demeaning to a patient. The patient is always presumed incapable of giving free, full or informed consent to these behaviors; and;
On page four, paragraph 3.5.g.9., by striking out the word "Treats" and inserting in lieu thereof the word "Treat";
On page four, subdivision 3.5.h., after the word "technician" by inserting the word "shall";
On page four, paragraph 3.5.h.1., by striking out the word "Implements" and inserting in lieu thereof the word "Implement";
On page four, paragraph 3.5.h.1., by striking out the word "clarifies" and inserting in lieu thereof the word "clarify"; and, after the word "information" by changing the semi-colon to a period;
On page four, paragraph 3.5.h.1., by striking out "3.5.h.1.a" and by redesignating parts 3.5.h.1.a.1 and 3.5.h.1.a.2 as subparagraphs 3.5.h.1.A. and 3.5.h.1.B.;
On page five, paragraph 3.5.h.2., by striking out the word "Initiates" and inserting in lieu thereof the word "Initiate";
On page five, subdivision 3.5.i., by striking out the word "shall" and inserting in lieu thereof the word "may";
On page five, subsection 3.7., after the words "subject to" by inserting the word "disciplinary";
On page five, subsection, 4.1., by striking out the word "shall" and inserting in lieu thereof the word "may";
On page five, subsection, 4.1., by striking out the word "only" and, after the word "medications" by striking out the word "as" and inserting in lieu thereof the word "if";
On page five, subsection, 4.1., after the words "prescription and" by striking out the word "as";
On page five, subsection, 4.2., by striking out the words "Administration of" and inserting in lieu thereof the words "Except as provided by this rule, a dialysis technician may not administer" and after the word "medications" by striking out the remainder of the subsection;
On page six, subdivision 5.1.a., by striking out the words "to be approved" and inserting in lieu thereof the word "approval" and, after the word "shall" by striking out the colon and inserting the word "shall";
On pages six and seven, section five, by striking out paragraph 5.1.a.1. in its entirety and by redesignating subparagraphs 5.1.a.1.A. through 5.1.a.1.E. as paragraphs 5.1.a.1. through 5.1.a.5.;
On page seven, subsection 5.2., by striking out the words "make a determination regarding the approval status of" and inserting in lieu thereof the words "either approve or disapprove";
On page seven, subsection 5.3., by striking out the words "be current" and inserting in lieu thereof the word "continue";
On page seven, subsection 5.3., line four, after the word "period" by striking out the comma;
On page seven, subsection 5.6., after the words "of the Board", by striking out the comma and after the words "meeting the requirements" by striking out the comma;
On page eight, subdivision 6.1.b., by striking out the words "registered professional nurse administering the program" and inserting in lieu thereof the words "nurse administrator";
On page eight, by striking out subdivision 6.1.c., in its entirety and by inserting in lieu thereof the following"
6.1.c. The training program shall immediately notify the Board in writing when the nurse administrator vacates the position or is replaced and provide the name and qualifications of the new or interim nurse administrator. A training program may not initiate a new class of dialysis technician trainees unless the new or interim nurse administrator meets the has the qualifications required by this rule.;
On page eight, paragraph 6.1.d.1., after the word "The" by inserting the words "training program shall provide";
On page eight, paragraph 6.1.d.1., after the word "instructor" by striking out the words "shall be provided";
On page eight, paragraph 6.1.d.2., by striking out the words "registered professional nurse who is responsible for administering the program" and inserting in lieu thereof the words "nurse administrator";
On page eight, paragraph 6.1.d.3., after the word "The", by inserting the words "training program shall report";
On page eight, paragraph 6.1.d.3., after the word "faculty" by striking out the words "shall be reported";
On page nine, subdivision 6.1.e., by striking out the words "There shall be" and inserting in lieu thereof the words "Each training program shall develop";
On page nine, subdivision 6.1.e., after the word "which" by inserting the word "shall";
On page nine, paragraph 6.1.e.3., by striking out the words "registered professional";
On page nine, subdivision 6.1.f., after the words "offered by the" by inserting the word "training";
On page nine, subdivision 6.1.f., by striking out the words "which prepares an individual to perform dialysis care";
On page nine, subdivision 6.1.f., by striking out the words "which is a minimum" and inserting in lieu thereof the words "of at least";
On page nine, subdivision 6.1.f., after the word "twenty" by inserting "(320)";
On page nine, subdivision 6.1.f., line four, by striking out the words "shall include";
On page nine, subdivision 6.1.f., by striking out the words "for the application of" and inserting in lieu thereof the words "to apply";
On page nine, subdivision 6.1.f., by striking out the words "for the achievement of" and inserting in lieu thereof the words "to achieve";
On page nine, paragraph 6.1.f.1., after the word "instruction" by inserting a comma and striking out the words "shall include instruction";
On page nine, paragraph 6.1.f.1., after the word "visuals", by inserting a comma and by striking out the word "which" and inserting in lieu thereof the word "shall";
On page eleven, by striking out paragraph 6.1.f.2. in its entirety and inserting in lieu thereof the following:
6.1.f.2. The program shall develop written tests for each unit in the curriculum, including a final test, and shall conduct a skills performance evaluation.
On page eleven, by striking out subparagraph 6.1.f.2.A. in its entirety and inserting in lieu thereof the following:
6.1.f.2.A. Exams may be administered by paper/pencil or by computer;
On page twelve, subdivision 6.1.g., by striking out the words "registered professional nurse responsible for administering the program" and inserting in lieu thereof the words "nurse administrator";
On page twelve, subdivision 6.1.g., after the word "adopt" by inserting the word "written";
On page twelve, paragraph 6.1.g.1., after the words "of age and" by striking out the words "the individual";
On page twelve, paragraph 6.1.g.5., after the words "completed the" by inserting the words "three hundred twenty";
On page twelve, subparagraph 6.1.g.6.A., by striking out the words "dialysis technician-";
On page twelve, subparagraph 6.1.g.6.A., by striking out the words "There shall be a statement of" and inserting in lieu thereof the words "The nurse administrator shall adopt a";
On page thirteen, subparagraph 6.1.g.6.C., by striking out the word "completed" and inserting in lieu thereof the word "completes";
On page fourteen, subparagraph 6.1.g.6.F., by striking out the words "registered professional nurse responsible for administering the program" and inserting in lieu thereof the words "nurse administrator";
On page fourteen, subdivision 6.1.h., after the words "training program," by inserting the words "the program shall notify";
On page fourteen, subdivision 6.1.h., by striking out the words "shall be notified";
On page fourteen, subdivision 6.1.h., after the word "date" by changing the comma to a period and inserting the words "The notice shall include";
On page fourteen, by striking out subdivision 6.1.i. in its entirety and inserting in lieu thereof the following:
6.1.i. If any changes are made to the training program previously approved by the Board when a facility changes ownership, the training program may only be approved as a new program.
On page fifteen, subdivision 7.2.c., by striking out the words "registered professional nurse responsible for administering the program" and inserting in lieu thereof the words "nurse administrator";
On page fifteen, subdivision 8.1.a., by striking out the words "Subsection 6.5.' and inserting in lieu thereof the words "subsection 6.5. of this rule";
On page sixteen, subdivision 8.2.c., after the words "deficiency report" and "any" by changing the semi-colons to commas;
On page seventeen, subdivision 10.1.b., by striking out the word "organization'" and inserting in lieu thereof the word "organization's";
On page eighteen, subsection 10.3., after the words "set forth in" by striking out the words "subdivision 13.10.1" and inserting in lieu thereof "subsection 10.1";
On page eighteen, subsection 10.3., by striking out the words "subdivision 13.10.1" and inserting in lieu thereof subsection 10.1";
On page eighteen, subsection 10.4., by striking out the words "specified by the Board";
On page eighteen, subsection 10.4., line four, by striking out the words "subdivision 13.10.1" and inserting in lieu thereof "subsection 10.1.";
On page eighteen, subsection 10.4., line six, by striking out the words "subdivision 13.10.1" and inserting in lieu thereof "subsection 10.1";
On page eighteen, subsection 10.6., by striking out the words "subdivision 13.10.1" and inserting in lieu thereof "subsection 10.1";
On page eighteen, subsection 10.7., lines two and three, by striking out the words "subdivision 13.10.1" and inserting in lieu thereof "subsection 10.1";
On page eighteen, section eleven, by striking out "11.1." and by redesignating subdivisions 11.1.a. through 11.1.c. as subdivisions 11.1. through 11.3.;
On page eighteen, section eleven, after the words "examination offered by" by striking out the word "an" and by inserting in lieu thereof the words "one of the following approved";
On page eighteen, section eleven, after the word "organization" by striking out the words "approved by the Board of Nursing. The approved testing organizations are";
On page nineteen, subsection 12.5., by striking out "fo" and inserting in lie thereof the word "for";
On page nineteen, by striking out "13.1";
On page nineteen, section thirteen, after the words "July 1" by striking out the comma;
On page nineteen, subsection 14.1., by striking out the words "in order to engage in dialysis care";
On page twenty, subdivision 14.1.a., by striking out the words "shall be submitted";
On page twenty, subdivision 14.1.d., after the semi-colon by inserting the word "and";
On page twenty, subdivision 14.1.e., after "DUI)" by striking out the semi-colon;
On page twenty, subdivision 14.1.e., after the word "and" by inserting the words "a letter of explanation that addresses each conviction."
On page twenty, section fourteen, by striking out subdivision 14.1.f. in its entirety;
On page twenty-one, subdivision 14.8.a., by striking out the word "Boards" and inserting in lieu thereof the word "Board's";
On page twenty-one, subdivision 14.8.e., by striking out the word "Completion" and inserting in lieu thereof the words "The results";
On page twenty-two, subsection 15.1., by striking out the words "The renewal period for dialysis technicians is annual. All" and inserting in lieu thereof the words "Dialysis technician";
On page twenty-two, subsection 15.3., after the words "application for" by inserting the word "reinstatement";
On page twenty-three, subdivision 16.1.e., after the words "he or she is" by inserting the word "not";
On page twenty-five, subdivision 16.1.mm., before the word "listed" by inserting the word "is";
On page twenty-six, by striking out subsection 16.3. in its entirety and inserting in lieu thereof the following:
16.3. Based on the nature of the complaint filed against a technician or of the information received about an applicant, the
Board may require the technician or applicant to request and submit to the Board the results of a state and a national electronic criminal history records check by the State Police.
16.3.a. The technician or applicant under investigation shall furnish to the State Police a full set of fingerprints and any additional information required to complete the criminal history records check.
16.3.b. The technician or applicant under investigation is responsible for any fees required by the State Police in order to complete the criminal history records check.
16.3.c. The Board may require the technician or applicant to obtain an electronic criminal history records check from a similar agency in the state of the technician or applicant's residence, if outside of West Virginia.
16.3.d. Instead of requiring the technician or applicant under investigation to apply directly to the State Police for the criminal history records checks, the Board may contract with a private vendor to provide the services required in this subsection.
16.3.e. The Board may deny certification or take disciplinary action against any technician or applicant who fails or refuses to submit the criminal history records checks required by this subsection.;
And,
On page twenty-six, section sixteen, by striking out subsection 16.6. in its entirety.
§64-9-14. Secretary of State.
(a) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section six, article one-a, chapter three of this code, modified by the Secretary of State to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-second day of December, two thousand six, relating to the Secretary of State (procedures for canvassing elections, 153 CSR 18) is authorized.
(b) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section six, article one-a, chapter three of this code, modified by the Secretary of State to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-second day of December, two thousand six, relating to the Secretary of State (procedures for recount of election results, 153 CSR 20) is authorized.
(c) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section six, article one-a, chapter three of this code, modified by the Secretary of State to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twelfth day of January, two thousand seven, relating to the Secretary of State (absentee voting by military voters who are members of reserve units called to active duty, 153 CSR 23) is authorized.
(d) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section six, article one-a, chapter three of this code, modified by the Secretary of State to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-second day of December, two thousand six, relating to the Secretary of State (procedures for handling ballots and counting write-in votes in counties using optical scan ballots, 153 CSR 27) is authorized.
(e) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section five hundred twenty-six, article nine, chapter forty-six of this code, modified by the Secretary of State to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the nineteenth day of October, two thousand six, relating to the Secretary of State (Uniform Commercial Code, 153 CSR 35) is authorized.
(f) The legislative rule filed in the State Register on the first day of September, one thousand nine hundred eighty-nine, authorized under the authority of section four hundred seven, article nine, chapter forty-six of this code, modified by the Secretary of State to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twentieth day of November, one thousand nine hundred eighty-nine, relating to the Secretary of State (West Virginia Product Lien Central Filing System, 153 CSR 13) is hereby repealed.
§64-9-15. State Treasurer.
The legislative rule filed in the State Register on the twenty-fifth day of July, two thousand six, authorized under the authority of section six, article three-a, chapter twelve of this code, modified by the Treasurer's Office to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-seventh day of October, two thousand six, relating to the Treasurer's Office (providing services to political subdivisions, 112 CSR 13) is authorized with the following amendments:
On page one, subsection 1.1., by striking out the word "Services" and inserting in lieu thereof the word "services" and by striking out the words "Political Subdivisions" and inserting in lieu thereof the words "political subdivisions";
On page one, subsection 2.4., by striking out the word "Fee" and inserting in lieu thereof the word "fee";
On page one, subsection 2.5., after the word "Credit" by striking out the word "Card" and inserting in lieu thereof the word "card" and by striking out the words "Charge Card" and inserting in lieu thereof the words "charge card";
On page two, subsection 2.6., by striking out the word "Merchant" and inserting in lieu thereof the word "merchant";
On page two, subsection 2.7., after the word "Debit" by striking out the word "Card" and inserting in lieu thereof the word "card" and by striking out the words "Financial Institution" and inserting in lieu thereof the words "financial institution";
On page two, subsection 2.8., after the word "Discount" by striking out the word "Fee" and inserting in lieu thereof the word "fee"; by striking out the word "Merchant" and inserting in lieu thereof the word "merchant"; and by striking out the words "Card Issuer" and inserting in lieu thereof the words "card issuer";
On page two, subsection 2.9., by striking out the words "Electronic Payment" and inserting in lieu thereof the words "electronic payment";
On page two, subsection 2.11., after the word "Electronic" by striking out the word "Payment" and inserting in lieu thereof the words "payment" and by striking out the words "Wire Transfer" and inserting in lieu thereof the words "wire transfer";
On page two, subsection 2.12., after the word "Financial" by striking out the word "Institution" and inserting in lieu thereof the word "institution";
On page two, subsection 2.16., by striking out the words "Lockbox Services" and inserting in lieu thereof the words "lockbox services" and by striking out the words "Financial Institution" and inserting in lieu thereof "financial institution";
On page three, subsection 2.17., by striking out the words "Political Subdivisions" and inserting in lieu thereof the words "political subdivisions";
On page three, subsection 2.18., after the word "Political" by striking out the word "Subdivision" and inserting in lieu thereof the words "subdivision" and by striking out the words "Board of Education" and inserting in lieu thereof the words "board of education";
On page three, subsection 2.19., after the words "Point of" by striking out the word "Sale Terminal" and inserting in lieu thereof the words "sale terminal"; after the word "POS" by striking out the word "Terminal" and inserting in lieu thereof the word "terminal"; and, on lines three and four, by striking out the words "Financial Institution" and inserting in lieu thereof the words "financial institution";
On page three, subsection 2.21., by striking out the words "Lockbox Services" and inserting in lieu thereof the words "lockbox services";
On page three, subsection 2.25., by striking out the words "Wholesale Lockbox" and inserting in lieu thereof the words "wholesale lockbox"; by striking out "Wholesale Lockbox Services" and inserting in lieu thereof the words "wholesale lockbox services"; and by striking out "Wholetail Lockbox Services" and inserting in lieu thereof "wholetail lockbox services";
On page three, subsection 2.26., after the word "Wire" by striking out the word "Transfer" and inserting in lieu thereof the word "transfer";
On page three, subsection 3.1., after the word "Political" by striking out the word "Subdivision" and inserting in lieu thereof the word "subdivision";
On page four, subsections 3.2. and 3.3., by striking out the words "Political Subdivision" and inserting in lieu thereof the words "political subdivision";
On page four, subsection 3.5., by striking out the word "Services" and inserting in lieu thereof the word "services";
On page four, subsection 3.7., by striking out the words "Political Subdivision" and inserting in lieu thereof the words "political subdivision" and by striking out the word "Services" and inserting in lieu thereof the word "services";
On page four, subsections 4.1., 4.3., and 4.4., after the word "Political" by striking out the word "Subdivisions" and inserting in lieu thereof the word "subdivisions" and by striking out the word "Services" and inserting in lieu thereof the word "services";
On page four, subsection 4.2., by striking out the words "Political Subdivision" and inserting in lieu thereof the words "political subdivision";
On page four, subsections 4.5., by striking out the words "Political Subdivisions" and inserting in lieu thereof the words "political subdivisions";
On page five, subdivisions 5.5.(a) and 5.5(e), by striking out the word "Services" and inserting in lieu thereof the word "services";
On page five, subdivisions 5.5.(b) and 5.5.(f), by striking out the words "Political Subdivision" and inserting in lieu thereof the words "political subdivision";
On page five, subdivision 5.5.(c), by striking out the words "Political Subdivision" and inserting in lieu thereof the words "political subdivision" and by striking out the word "Services" and inserting in lieu thereof the word "services";
On page five, subdivision 5.5.(d), by striking out the words "Political Subdivisions" and inserting in lieu thereof the words "political subdivisions" and by striking out the word "Services" and inserting in lieu thereof the word "services";
On page five, subdivision 5.5.(g), by striking out the words "Political Subdivision" and inserting in lieu thereof the words "political subdivision" and by striking out the words "Political Subdivisions" and inserting in lieu thereof the words "political subdivisions";
On page five, subsection 5.2., by striking out the words "Political Subdivision" and inserting in lieu thereof the words "political subdivision";
On page five, subsection 6.1., by striking out the words "Political Subdivision" and inserting in lieu thereof the words "political subdivision"; by striking out the word "Services" and inserting in lieu thereof the word "services"; and by striking out the words "Convenience Fee" and inserting in lieu thereof the words "convenience fee";
And,
On page five, subsection 6.2., by striking out the words "Convenience Fee" and inserting in lieu thereof the words "convenience fee".
§64-9-16. Board of Veterinary Medicine.
The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section four, article ten, chapter thirty of this code, modified by the Board of Veterinary Medicine to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twentieth day of October, two thousand six, relating to the Board of Veterinary Medicine (registration of veterinary technicians, 26 CSR 3) is authorized with the following amendments:
On page one, subsection 1.2., by striking out "30-10-7" and inserting in lieu thereof "30-10-1 and §30-10-4";
On page one, subsection 2.2, after the words "physically present and", by striking out the words "that he or she is within proper visual or audible distance to adequately" and inserting in lieu thereof the words "within adequate visual and audible distance to";
On page one, subsection 2.3., lines one and two, by striking out the words "under the direction of a veterinarian";
On page one, subsection 2.3, after the words "veterinarian who", by striking out the words "may or may not be physically present." and inserting in lieu thereof the words "is physically present in the building where and when the procedures are being performed.";
On page two, subsection 3.1., after the word "Technology", by striking out the comma;
On page three, subsection 9.B, after subdivision (10), by inserting the word "and" and a new subdivision (11) to read as follows:
"(11) Perform external suturing.";
On page seven, subsection 15.1, after the words "veterinary technology" by inserting a comma and the words "at least four (4) of which must be in the field of veterinary science,"; and,
On page nine, subdivision 16.1.b., after the words "continuing education hours" by inserting a comma and the words "at least four (4) of which must be in the field of veterinary science".
On motion of Delegate Brown, the amendment was amended on page twenty-three, section thirteen, subsection (b), line fourteen, after the word "deny" by inserting the words "licensure or".
On page twenty-four, line twenty, after the word "deny" by inserting the words "licensure or".
On page twenty-six, line one, after the word "deny" by inserting the words "licensure or".
On page twenty-nine, line ten, before the word "technician" by inserting the word "licensee" and a comma and after the word "technician" by inserting a comma.
On page twenty-nine, line fourteen, after the word "The" by inserting the word "licensee" and a comma and after the word "technician" by inserting a comma.
On page twenty-nine, line eighteen, after the word "The" by inserting the word "licensee" and a comma and after the word "technician" by inserting a comma.
On page twenty-nine, line twenty-one, before the word "technician" by inserting the word "licensee" and a comma and after the word "technician" by inserting a comma.
On page twenty-nine, line twenty-five, before the word "technician" by inserting the word "licensee" and a comma and after the word "technician", by inserting a comma.
On page thirty, line three, after the word "deny", by inserting the words "licensure or".
And,
On page thirty, line four, after the word "any" by inserting the word "licensee" and a comma and after the word "technician", by inserting a comma.
The question before the House being the amendment by the Committee on the Judiciary, as amended, the same was put and prevailed.
The bill was then ordered to third reading.

S. B. 388, Relating to medical support provisions in child support orders; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Health and Human Resources, was reported by the Clerk and adopted, amending the bill on page five, section one hundred one, line sixty-five, by deleting the words "45-mile radius or with a 45-minute drive" and inserting in lieu thereof the words "reasonable distance".
The bill was then ordered to third reading.
S. B. 405, Relating to direct deposit payment; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §12-3-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.
§12-3-5. When requisition to Auditor sufficient authority for issuing warrant.

(a) When an appropriation has been made by law, subject to the order or payable on the requisition of a particular officer, board or person, the order or written or electronic requisition is sufficient authority to the Auditor to issue a warrant for the same or any party thereof.
(b) The Auditor:
(1) Shall accept an electronic requisition from Marshall University and West Virginia University in an unaltered format approved by the Auditor;
(2) May accept or require an electronic requisition from any entity other than Marshall University or West Virginia University at his or her discretion in an unaltered format approved by the Auditor; and
(3) May not issue a warrant for an amount that exceeds the appropriation or for an expired appropriation."
The bill was then ordered to third reading.
S. B. 438, Relating to Investment Management Board; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page three, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §12-6-2, §12-6-4, §12-6-5, §12-6-9c, §12-6-12 and §12-6-14 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 §12-6-18, all to read as follows:
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.

ARTICLE 6. WEST VIRGINIA INVESTMENT MANAGEMENT BOARD.
§12-6-2. Definitions.

As used in this article, unless a different meaning clearly appears from the context:
(1) Beneficiaries means those individuals entitled to benefits from the participant plans;
(2) Board means the governing body for the West Virginia Investment Management Board and any reference elsewhere in this code to board of investments or West Virginia trust fund means the board as defined in this subdivision;
(3) Consolidated fund means the investment fund managed by the board and established pursuant to subsection (a), section eight of this article;
(4) (3) 401(a) plan means a plan which is described in section 401(a) of the Internal Revenue Code of 1986, as amended, and with respect to which the board has been designated to hold assets of the plan in trust pursuant to the provisions of section nine-a of this article;
(5) (4) Local government funds means the moneys of a political subdivision, including policemen's pension and relief funds, firemen's pension and relief funds and volunteer fire departments, transferred to the board for deposit;
(6) (5) Participant plan means any plan or fund subject now or hereafter to subsection (a), section nine-a, article six of this chapter;
(7) (6) Political subdivision means and includes a county, municipality or any agency, authority, board, county board of education, commission or instrumentality of a county or municipality and regional councils created pursuant to the provisions of section five, article twenty- five, chapter eight of this code;
(8) (7) Trustee means any member serving on the West Virginia Investment Management Board: Provided, That in section nine-a of this article in which the terms of the trusts are set forth, trustee means the West Virginia Investment Management Board;
(9) (8) Securities means all bonds, notes, debentures or other evidences of indebtedness and other lawful investment instruments; and
(10) (9) State funds means all moneys of the state which may be lawfully invested except the school fund established by section four, article XII of the state constitution.
§12-6-4. Management and control of fund; officers; staff; fiduciary or surety bonds for trustees; liability of trustees.

(a) The management and control of the board shall be vested solely in the trustees in accordance with the provisions of this article.
(b) The Governor shall be the chairman of the board and the trustees shall elect a vice chairman who may not be a constitutional officer or his or her designee to serve for a term of two years. Effective with any vacancy in the vice chairmanship, the board shall elect a vice chairman to a new two-year term. The vice chairman shall preside at all meetings in the absence of the chairman. Annually, the trustees shall elect a secretary, who need not be a member of the board, to keep a record of the proceedings of the board.
(c) The trustees shall appoint a chief executive officer of the board and shall fix his or her duties and compensation. The chief executive officer shall have five years' experience in investment management with public or private funds within the ten years next preceding the date of appointment. The chief executive officer additionally shall have academic degrees, professional designations and other investment management or investment oversight or institutional investment experience in a combination the trustees consider necessary to carry out the responsibilities of the chief executive officer position as defined by the trustees.
(d) The trustees shall retain an internal auditor to report directly to the trustees and shall fix his or her compensation. The internal auditor shall be a certified public accountant with at least three years experience as an auditor. The internal auditor shall develop an internal audit plan, with board approval, for the testing of procedures and the security of transactions.
(e) The board shall procure and maintain in effect commercially customary property, liability, crime and other insurance to cover risks of loss from its operations. The types and amounts of the insurance coverages shall be determined by the board, from time to time, in its reasonable discretion, with reference to the types and amounts of insurance coverages purchased or maintained by other public institutions performing functions similar to those performed by the board: Provided, That the board shall purchase a blanket bond for the faithful performance of its duties in the amount of at least ten million dollars. Each trustee shall give a separate fiduciary or surety bond from a surety company qualified to do business within this state in a penalty amount of one million dollars for the faithful performance of his or her duties as a trustee. The board shall purchase a blanket bond for the faithful performance of its duties in the amount of fifty million dollars or in an amount equivalent to one percent of the assets under management, whichever is greater. The amount of the blanket bond is in addition to the one million dollar individual bond required of each trustee by the provisions of this section. The board may require that appropriate types and amounts of insurance be procured and maintained by, or a fiduciary or surety bond from a surety company qualified to do business in this state for, any person who has charge of, or access to, any securities, funds or other moneys held by the board and the amount of the fiduciary or surety bond shall be fixed by the board. The premiums payable on any insurance or all fiduciary or surety bonds that the board may require from time to time shall be an expense of the board. In connection with the duties of the board under this subsection, the board may establish, fund and maintain a self-insurance account. If established, the board shall deposit and maintain moneys in the self-insurance account in amounts as may be determined by the board in consultation with one or more qualified insurance or actuarial consultants, and all moneys in any self-insurance account may be used only for the purpose of providing self-insurance, establishing reserves in connection with insurance deductibles, self-insured retentions or self-insurance, or helping to defray the costs of insurance procured under this subsection, and for no other purpose. The board may procure any and all insurance coverages and bonds deemed appropriate by the board or required by the provisions of this article, either through the state board of risk and insurance management or in the commercial markets, in the discretion of the board.
(f) The trustees and employees of the board are not liable personally, either jointly or severally, for any debt or obligation created by the board: Provided, That the trustees and employees of the board are liable for acts of misfeasance or gross negligence.
(g) The board is exempt from the provisions of sections seven and eleven, article three, chapter twelve of this code and article three, chapter five-a of said code: Provided, That the trustees and employees of the board are subject to purchasing policies and procedures which shall be promulgated by the board. The purchasing policies and procedures may be promulgated as emergency rules pursuant to section fifteen, article three, chapter twenty-nine-a of this code.
(h) Any employee of the West Virginia Trust Fund who previously was an employee of another state agency may return to the Public Employees Retirement System pursuant to section eighteen, article ten, chapter five of this code and may elect to either: (1) Transfer to the Public Employees Retirement System his or her employee contributions, with accrued interest and, if vested, his or her employer contributions, with accrued interest and retain as credited state service all time served as an employee of the West Virginia Trust Fund; or (2) retain all employee contributions with accrued interest and, if vested, his or her employer contributions with interest and forfeit all service credit for the time served as an employee of the West Virginia Trust Fund.
§12-6-5. Powers of the Board.
The board may exercise all powers necessary or appropriate, in accordance with the provisions of the West Virginia Uniform Prudent Investor Act, codified as article six-c, chapter forty-four of this code, and section eleven of this article, to carry out and effectuate its corporate purposes. The board may: , including but not limited to the power to:
(1) Adopt and use a common seal and alter it at pleasure;
(2) Sue and be sued;
(3) Enter into contracts and execute and deliver instruments;
(4) Acquire (by purchase, gift or otherwise), hold, use and dispose of real and personal property, deeds, mortgages and other instruments;
(5) Promulgate and enforce bylaws and rules for the management and conduct of its affairs;
(6) Notwithstanding any other provision of law, retain and employ legal, accounting, financial and investment advisors and consultants;
(7) Acquire (by purchase, gift or otherwise), hold, exchange, pledge, lend and sell or otherwise dispose of securities and invest funds in interest earning deposits and in any other lawful investments;
(8) Maintain accounts with banks, securities dealers and financial institutions both within and outside this state;
(9) Engage in financial transactions whereby securities are purchased by the board under an agreement providing for the resale of the securities to the original seller at a stated price;
(10) Engage in financial transactions whereby securities held by the board are sold under an agreement providing for the repurchase of the securities by the board at a stated price;
(11) Consolidate and manage moneys, securities and other assets of the other funds and accounts of the state and the moneys of political subdivisions which may be made available to it under the provisions of this article;
(12) Enter into agreements with political subdivisions of the state whereby moneys of the political subdivisions are invested on their behalf by the board;
(13) Charge and collect administrative fees from political subdivisions for its services;
(14) Exercise all powers generally granted to and exercised by the holders of investment securities with respect to management of the investment securities;
(15) Contract with one or more banking institutions in or outside the state for the custody, safekeeping and management of securities held by the board;
(16) Make and, from time to time, amend and repeal bylaws, rules and procedures not inconsistent consistent with the provisions of this article;
(17) Hire its own employees, consultants, managers and advisors as it considers necessary and fix their compensation and prescribe their duties;
(18) Develop, implement and maintain its own banking accounts and investments;
(19) Do all things necessary to implement and operate the Board and carry out the intent of this article;
(20) Upon request of the State Treasurer, transmit funds for deposit in the State Treasury to meet the daily obligations of state government;
(21) Establish one or more investment funds for the purpose of investing the funds for which it is trustee, custodian or otherwise authorized to invest pursuant to this article. Interests in each fund shall be designated as units and the board shall adopt industry standard accounting procedures to determine each fund`s unit value. The securities in each investment fund are the property of the board and each fund shall be considered an investment pool or fund and may not be considered a trust nor may the securities of the various investment funds be considered held in trust. However, units in an investment fund established by or sold by the board and the proceeds from the sale or redemption of any unit may be held by the board in its role as trustee of the participant plans; and
(22) Notwithstanding any other provision of the code to the contrary, conduct investment transactions, including purchases, sales, redemptions and income collections, which shall not be treated by the State Auditor as recordable transactions on the state's accounting system.
§12-6-9c. Authorization of additional investments.
Notwithstanding the restrictions which may otherwise be provided by law with respect to the investment of funds, the board, all administrators, custodians or trustees of pension funds other than the board, each political subdivision of this state and each county board of education is authorized to invest funds in the securities of or any other interest in any investment company or investment trust registered under the Investment Company Act of 1940, 15 U. S. C. §80a, the portfolio of which is limited: (I) To obligations issued by or guaranteed as to the payment of both principal and interest by the United States of America or its agencies or instrumentalities; and (ii) to repurchase agreements fully collateralized by obligations of the United States government or its agencies or instrumentalities: Provided, That the investment company or investment trust takes delivery of the collateral either directly or through an authorized custodian: Provided, however, That the investment company or investment trust is rated within one of the top two rating categories of any nationally recognized rating service such as Moody's or Standard & Poor's.
§12-6-12. Investment restrictions.

(a) The board shall hold in non-real estate equity investments no more than sixty seventy-five percent of the assets managed by the board and no more than sixty seventy-five percent of the assets of any individual participant plan or the consolidated fund.
(b) The board shall hold in real estate equity investments no more than twenty-five percent of the assets managed by the board and no more than twenty-five percent of the assets of any individual participant plan: Provided, That any such investment be only made upon the recommendation by a professional, third-party fiduciary investment adviser registered with the Securities and Exchange Commission under the Investment Advisors Act of 1940, as amended, upon the approval of the board, and upon the execution of the transaction by a third-party investment manager: Provided, however, That the board's ownership interest in any fund is less than forty percent of the fund's assets at the time of purchase: Provided further, that the combined investment of institutional investors, other public sector entities, and educational institutions and their endowments and foundations in the fund is in an amount equal to or greater than fifty percent of the board's total investment in the fund, at the time of acquisition. For the purposes of this subsection, fund means a real estate investment trust traded on a major exchange of the United States of America, or a partnership, limited partnership, limited liability company or other entity holding or investing in related or unrelated real estate investments, at least three of which are unrelated and the largest of which is not greater than forty percent of the entity's holdings, at the time of purchase.
(b) (c) The board shall hold in international securities no more than twenty thirty percent of the assets managed by the board and no more than twenty thirty percent of the assets of any individual participant plan or the consolidated fund.
(c) (d) The board may not at the time of purchase hold more than five percent of the assets managed by the board in the non-real estate equity securities of any single company or association: Provided, That if a company or association has a market weighting of greater than five percent in the Standard & Poor's 500 index of companies, the board may hold securities of that non-real estate equity equal to its market weighting.
(d) The board shall at all times limit its asset allocation and types of securities to the following:
(1) The board may not hold more than twenty percent of the aggregate participant plan assets in commercial paper. Any commercial paper at the time of its acquisition shall be in one of the two highest rating categories by an agency nationally known for rating commercial paper;
(2) At no time shall the board hold more than seventy-five percent of the assets managed by the board in corporate debt. Any corporate debt security at the time of its acquisition shall be rated in one of the six highest rating categories by a nationally recognized rating agency; and
(3) (e) No security may be purchased by the board unless the type of security is on a list approved by the board. The board may modify the securities list at any time and shall give notice of that action pursuant to subsection (g), section three of this article and shall review the list at its annual meeting.
(e) (f) Notwithstanding the investment limitations set forth in this section, it is recognized that the assets managed by the board, or the assets of the consolidated fund or participant plans, whether considered in the aggregate or individually, may temporarily exceed the investment limitations in this section due to market appreciation, depreciation and rebalancing limitations. Accordingly, the limitations on investments set forth in this section shall not be considered to have been violated if the board rebalances the assets it manages or the assets of the consolidated fund or participant plans, whichever is applicable, to comply with the limitations set forth in this section at least once every six twelve months based upon the latest available market information and any other reliable market data that the board considers advisable to take into consideration, except for those assets authorized by subsection (h) of this section, for which compliance with the percentage limitations shall be measured at such time as the investment is made.
(f) (g) The board, at the annual meeting provided for required in subsection (h), section three of this article, shall review, establish and modify, if necessary, the investment objectives of the individual participant plans as incorporated in the investment policy statements of the respective trusts so as to provide for the financial security of the trust funds giving consideration to the following:
(1) Preservation of capital;
(2) Diversification;
(3) Risk tolerance;
(4) Rate of return;
(5) Stability;
(6) Turnover;
(7) Liquidity; and
(8) Reasonable cost of fees.
(h) In addition to any and all other investment authority granted to the board by this article, the board is expressly authorized to invest no more than fifteen percent of the assets managed by the board, and no more than fifteen percent of the assets of any individual participant plan, or any other endowment or other fund managed by the board, as measured at the time of the investment, in any one or more classes, styles or strategies of alternative investments suitable and appropriate for investment by the board. A suitable and appropriate alternative investment is a private equity fund such as a venture capital, private real estate or buy-out fund; commodities fund; distressed debt fund; mezzanine debt fund; fixed income arbitrage fund; put or call on an individual security purchased for the purpose of hedging an authorized investment position; or fund consisting of any combination of private equity, distressed or mezzanine debt, fixed income arbitrage investments, private real estate, commodities and other types and categories of investment permitted under this article as well as puts and calls intended to hedge the fund's investments: Provided, That any such investment be only made upon the recommendation by a professional, third-party fiduciary investment adviser registered with the Securities and Exchange Commission under the Investment Advisors Act of 1940, as amended, upon the approval of the board, and upon the execution of the transaction by a third-party investment manager: Provided, however, That if the standard confidentiality agreements, policies or procedures of any firm, company or organization through which the board invests in securities prohibit, restrict or limit the disclosure of information pertaining to the securities, the information shall be exempt from disclosure, under the provisions of chapter twenty-nine-b of this code or otherwise, to the extent of the prohibitions, restrictions or limitations: Provided further, That the board's ownership interest in any fund is less than forty percent of the fund's assets at the time of purchase: And provided further, That the combined investment of institutional investors, other public sector entities, and educational institutions and their endowments and foundations in the fund is in an amount equal to or greater than fifty percent of the board's total investment in the fund, at the time of acquisition. For the purposes of this subsection, fund means a partnership, limited partnership, limited liability company or other form of entity holding or investing in a collection of related or unrelated investments, at least three of which are unrelated and the largest of which is not greater than forty percent of the fund's composition, at the time of purchase. To facilitate access to markets, control, manage or diversify portfolio risk, or enhance performance or efficiency in connection with investments in alternative investments and all other types and categories of investment permitted under this article, the board may enter into commercially customary and prudent market transactions consistent with the laws of the state: Provided, That neither the purpose nor the effect of such transactions may materially increase market risk or market exposure of the total portfolio of investments as adjusted from time to time by the board. The investments described in this subsection are subject to the requirements, limitations and restrictions set forth in this subsection of this section, and the standard of care set forth in section eleven of this article, but are not subject to any other limitations or restrictions set forth elsewhere in this article or code.
§12-6-14. Reports of board; legislative audits, reviews and studies.
(a) The board shall prepare annually, or more frequently if deemed considered necessary by the board, a report of its operations and the performance of the various funds administered by it. The report shall include all operational costs, including but not limited to investment advisor fees, transaction costs, custody fees, and administrative salaries and costs.
(b) A copy thereof shall be furnished to the chief financial officer of each participant,.
(c) Within the first seven calendar days of each calendar year, the board shall file the annual report with the Joint Committee on Government and Finance, with copies to the president of the senate, speaker of the house, and legislative auditor,.
(d) and upon Upon request, the report shall be made available to any legislative committee, any banking institution or state or federal savings and loan association in this state, and any member of the news media,. and such The report shall be kept available for inspection by any citizen of this state.
(e) The board shall cooperate with any legislative audits, performance and consultant reviews and studies of the board as may be directed by the Joint Committee on Government and Finance.
§12-6-18. Liberal construction.

This article, being necessary to secure the public health, safety, convenience and welfare of the citizens of this state, shall be liberally construed to effect the public purposes of this article. The powers granted to the board in this article, including, without limitation, those granted in section five of this article, are intended to be broad and shall be construed broadly so as to vest in the board the power and authority necessary or appropriate to carry out and effectuate its corporate purposes in the financial markets of the world, as the same may evolve from time to time, at all times in a fashion consistent with the prudent investor standard as provided by the West Virginia Uniform Prudent Investor Act, codified as article six-c, chapter forty-four of this code, and section eleven of this article."
The bill was then ordered to third reading.
Com. Sub. for S. B. 465, Establishing Dam Safety Rehabilitation Revolving Fund; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 475, Allowing appellant file stay with Board of Zoning Appeals; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
"ARTICLE 8. BOARD OF ZONING APPEALS.
§8A-8-11. Notice and hearing of appeal.

(a) Within ten days of receipt of the appeal by the Board of Zoning Appeals, the board shall set a time for the hearing of the appeal and give notice. The hearing on the appeal must be held within forty-five days of receipt of the appeal by the board.
(b) At least fifteen days prior to the date set for the hearing on the appeal, the Board of Zoning Appeals shall publish a notice of the date, time and place of the hearing on the appeal as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and written notice shall be given to the interested parties. The publication area shall be the area covered in the appeal.
(c) The Board of Zoning Appeals may require the party taking the appeal to pay for the cost of public notice and written notice to interested parties.
(d) At the hearing, any party may appear in person, by agent or by an attorney licensed to practice in this state.
(e) Every decision by the board must be in writing and state findings of fact and conclusions of law on which the board based its decision. If the board fails to provide findings of fact and conclusions of law adequate for decision by the circuit court and as a result of the failure, the circuit court returns an appealed matter to the board and dismisses jurisdiction over an applicant's appeal without deciding the matter, whether the court returns the matter with or without restrictions, the board shall pay any additional costs for court filing fees, service of process and reasonable attorneys' fees required to permit the person appealing the board's decision to return the matter to the circuit court for completion of the appeal.
(f) The written decision by the board shall be rendered within thirty days after the hearing. If the board fails to render a written decision within thirty days after the hearing, then any party may pursue additional legal remedies to obtain a decision, including but not limited to seeking a writ of mandamus.
§8A-8-12. Stays; exception.
(a) When an appeal has been filed with the Board of Zoning Appeals, all proceedings and work on the premises in question shall be stayed, unless except as provided in subsection (b) of this section.
(b) A stay may not be had:
(1) If
the official or board from where the appeal was taken certifies in writing to the Board of Zoning Appeals that a stay would cause imminent peril to life or property;
(2) Upon further administrative proceedings, including but not limited to submissions to and reviews by the staff or any administrative body; or
(3) Upon engineering or architectural work that does not disturb the real estate beyond what is necessary to complete engineering, survey work or other tests.
(c) If the written certification is filed pursuant to subdivision (1), subsection (b) of this section, then proceedings or work on the premises shall not be stayed.
(d) Nothing in this section prevents a party from obtaining a restraining order."
The bill was then ordered to third reading.
S. B. 505, Relating to State Police Death, Disability and Retirement Fund; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page fifteen, section twenty-seven, line seven, following the subsection designation "(b)", by inserting the subsection designation "(a)".
And,
On page thirty, section twenty-nine, line eighty-two, following the words "by section forty", by striking out the word "of".
The bill was then ordered to third reading.
Com. Sub. for S. B. 528, Depositing certain pesticide license fees into Pesticide Control Fund; on second reading, coming up in regular order, was read a second time, and, at the request of Delegate DeLong, and by unanimous consent, the rule was suspended and the bill was advanced to third reading with an amendment pending.
S. B. 542, Authorizing rules for Higher Education Policy Commission and Council for Community and Technical College Education; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 557, Relating to judicial review of juvenile proceedings; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 582, Creating Real Estate Division in Department of Administration; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page five, section two, line seven, following subsection (a) by striking the remainder of the section and inserting the following:
"(b) The provisions of the article, except as to office space, do not apply to the Division of Highways of the Department of Transportation.
(c) The provisions of this article do not apply to:
(1) Public lands, rivers and streams acquired, managed or which title is vested in or transferred to the Division of Natural Resources of the Department of Commerce, pursuant to section seven, article one, chapter twenty of this code and section two, article five of said chapter;
(2) The Higher Education Policy Commission;
(3) The West Virginia Council for Community and Technical College Education;
(4) The institutional boards of Governors in accordance with the provisions of subsection (v), section four, article five, chapter eighteen-b of this code;
(5) The real property held by the Department of Agriculture, including all institutional farms, easements, mineral rights, appurtenances, farm equipment, agricultural products, inventories, farm facilities and operating revenue funds for those operations; or
(6) The real property held by the West Virginia State Conservation Committee, including all easements, mineral rights, appurtenances and operating revenue funds for those operations."
And,
On page forty, by striking article two, section one, in its entirety and inserting in lieu thereof the following:
"§5F-2-1. Transfer and incorporation of agencies and boards; funds.
(a) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Administration:
(1) Building Commission provided in article six, chapter five of this code;
(2) Public Employees Insurance Agency and Public Employees Insurance Agency Advisory Board provided in article sixteen, chapter five of this code;
(3) Governor's Mansion Advisory Committee provided for in article five, chapter five-a of this code;
(4) Commission on Uniform State Laws provided in article one-a, chapter twenty-nine of this code;
(5) Education and State West Virginia Public Employees Grievance Board provided for in article twenty-nine, chapter eighteen of this code and article six-a, chapter twenty-nine three, chapter six-c of this code;
(6) Board of Risk and Insurance Management provided for in article twelve, chapter twenty- nine of this code;
(7) Boundary Commission provided in article twenty-three, chapter twenty-nine of this code;
(8) Public Defender Services provided in article twenty-one, chapter twenty-nine of this code;
(9) Division of Personnel provided in article six, chapter twenty-nine of this code;
(10) The West Virginia Ethics Commission provided in article two, chapter six-b of this code; and
(11) Consolidated Public Retirement Board provided in article ten-d, chapter five of this code; and
(12) Real Estate Division provided in article ten, chapter five-a of this code.

(b) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Commerce:
(1) Division of Labor provided in article one, chapter twenty-one of this code, which includes:
(A) Occupational Safety and Health Review Commission provided in article three-a, chapter twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety provided in article nine, chapter twenty-one of this code;
(2) Office of Miners' Health, Safety and Training provided in article one, chapter twenty- two-a of this code. The following boards are transferred to the Office of Miners' Health, Safety and Training for purposes of administrative support and liaison with the Office of the Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review Committee provided in article six, chapter twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification provided in article seven, chapter twenty-two-a of this code; and
(C) Mine Inspectors' Examining Board provided in article nine, chapter twenty-two-a of this code;
(3) The West Virginia Development Office, which includes the Division of Tourism and the Tourism Commission provided in article two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources Commission provided in article one, chapter twenty of this code;
(5) Division of Forestry provided in article one-a, chapter nineteen of this code;
(6) Geological and Economic Survey provided in article two, chapter twenty-nine of this code; and
(7) The Bureau of Employment Programs Workforce West Virginia provided in chapter twenty-one-a of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment Service;
(C) Division of Workforce Development; and
(D) Division of Research, Information and Analysis; and
(8) Division of Energy provided in article two-f, chapter five-b of this code.

(c) The Economic Development Authority provided in article fifteen, chapter thirty-one of this code is continued as an independent agency within the executive branch.
(d) The Water Development Authority and Board provided in article one, chapter twenty- two-c of this code is continued as an independent agency within the executive branch.
(e) Workers' Compensation Commission provided in article one, chapter twenty-three of this code is continued as an independent agency within the executive branch.
(f) (e) The following agencies and boards, including all of the allied, advisory and affiliated entities, are transferred to the Department of Environmental Protection for purposes of administrative support and liaison with the Office of the Governor:
(1) Air Quality Board provided in article two, chapter twenty-two-b of this code;
(2) Solid Waste Management Board provided in article three, chapter twenty-two-c of this code;
(3) Environmental Quality Board, or its successor board, provided in article three, chapter twenty-two-b of this code;
(4) Surface Mine Board provided in article four, chapter twenty-two-b of this code;
(5) Oil and Gas Inspectors' Examining Board provided in article seven, chapter twenty-two-c of this code;
(6) Shallow Gas Well Review Board provided in article eight, chapter twenty-two-c of this code; and
(7) Oil and Gas Conservation Commission provided in article nine, chapter twenty-two-c of this code.
(g) (f) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Education and the Arts:
(1) Library Commission provided in article one, chapter ten of this code;
(2) Educational Broadcasting Authority provided in article five, chapter ten of this code;
(3) Division of Culture and History provided in article one, chapter twenty-nine of this code;
(4) Division of Rehabilitation Services provided in section two, article ten-a, chapter eighteen of this code.
(h) (g) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Health and Human Resources:
(1) Human Rights Commission provided in article eleven, chapter five of this code;
(2) Division of Human Services provided in article two, chapter nine of this code;
(3) Bureau for Public Health provided in article one, chapter sixteen of this code;
(4) Office of Emergency Medical Services and Advisory Council provided in article four-c, chapter sixteen of this code;
(5) Health Care Authority provided in article twenty-nine-b, chapter sixteen of this code;
(6) Commission on Mental Retardation provided in article fifteen, chapter twenty-nine of this code;
(7) Women's Commission provided in article twenty, chapter twenty-nine of this code; and
(8) The Child Support Enforcement Division provided in chapter forty-eight of this code.
(i) (h) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Military Affairs and Public Safety:
(1) Adjutant General's Department provided in article one-a, chapter fifteen of this code;
(2) Armory Board provided in article six, chapter fifteen of this code;
(3) Military Awards Board provided in article one-g, chapter fifteen of this code;
(4) West Virginia State Police provided in article two, chapter fifteen of this code;
(5) Division of Homeland Security and Emergency Management and Disaster Recovery Board provided in article five, chapter fifteen of this code and Emergency Response Commission provided in article five-a of said chapter;
(6) Sheriffs' Bureau provided in article eight, chapter fifteen of this code;
(7) Division of Corrections provided in chapter twenty-five of this code;
(8) Fire Commission provided in article three, chapter twenty-nine of this code;
(9) Regional Jail and Correctional Facility Authority provided in article twenty, chapter thirty-one of this code;
(10) Board of Probation and Parole provided in article twelve, chapter sixty-two of this code; and
(11) Division of Veterans' Affairs and Veterans' Council provided in article one, chapter nine-a of this code.
(j) (i) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Revenue:
(1) Tax Division provided in article one, chapter eleven of this code;
(2) Racing Commission provided in article twenty-three, chapter nineteen of this code;
(3) Lottery Commission and position of Lottery Director provided in article twenty-two, chapter twenty-nine of this code;
(4) Agency of Insurance Commissioner provided in article two, chapter thirty-three of this code;
(5) Office of Alcohol Beverage Control Commissioner provided in article sixteen, chapter eleven of this code and article two, chapter sixty of this code;
(6) Board of Banking and Financial Institutions provided in article three, chapter thirty-one-a of this code;
(7) Lending and Credit Rate Board provided in chapter forty-seven-a of this code;
(8) Division of Banking provided in article two, chapter thirty-one-a of this code;
(9) The State Budget Office provided in article two of this chapter;
(10) The Municipal Bond Commission provided in article three, chapter thirteen of this code;
(11) The Office of Tax Appeals provided in article ten-a, chapter eleven of this code; and
(12) The State Athletic Commission provided in article five-a, chapter twenty-nine of this code.
(k) (j) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Transportation:
(1) Division of Highways provided in article two-a, chapter seventeen of this code;
(2) Parkways, Economic Development and Tourism Authority provided in article sixteen-a, chapter seventeen of this code;
(3) Division of Motor Vehicles provided in article two, chapter seventeen-a of this code;
(4) Driver's Licensing Advisory Board provided in article two, chapter seventeen-b of this code;
(5) Aeronautics Commission provided in article two-a, chapter twenty-nine of this code;
(6) State Rail Authority provided in article eighteen, chapter twenty-nine of this code; and
(7) Port Authority provided in article sixteen-b, chapter seventeen of this code.
(l) (k) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the position of administrator and the powers, authority and duties of each administrator and agency are not affected by the enactment of this chapter.
(m) (l) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the existence, powers, authority and duties of boards and the membership, terms and qualifications of members of the boards are not affected by the enactment of this chapter. All boards that are appellate bodies or are independent decision makers shall not have their appellate or independent decision-making status affected by the enactment of this chapter.
(n) (m) Any department previously transferred to and incorporated in a department by prior enactment of this section means a division of the appropriate department. Wherever reference is made to any department transferred to and incorporated in a department created in section two, article one of this chapter, the reference means a division of the appropriate department and any reference to a division of a department so transferred and incorporated means a section of the appropriate division of the department.
(o) (n) When an agency, board or commission is transferred under a bureau or agency other than a department headed by a secretary pursuant to this section, that transfer is solely for purposes of administrative support and liaison with the Office of the Governor, a department secretary or a bureau. Nothing in this section extends the powers of department secretaries under section two of this article to any person other than a department secretary and nothing limits or abridges the statutory powers and duties of statutory commissioners or officers pursuant to this code."
The bill was then ordered to third reading.
S. B. 589, Expanding powers and duties of Director of Personnel; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page three, section seven, line twenty-nine, following the word "incentives" and the comma, by striking out the remainder of the subdivision and inserting in lieu thereof the following, "which notwithstanding any provision of this code to the contrary, may include a one time monetary incentive, for recruitment and retention of employees in critically understaffed classifications. The director, in consultation with Board, shall determine which classifications are critically understaffed and provide an increase to the salary range for those positions if deemed necessary. The program shall continue until the first day of December, two thousand seven. The director shall report monthly to the chairs of the House and Senate Committees on Government Organization and provide all relevant information concerning the program."
The bill was then ordered to third reading.
S. B. 593, Making supplemental appropriation to Board of Pharmacy; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 599, Eliminating early resignation notification bonus for certain teachers; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page two, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §18A-2-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be further amended by adding thereto a new section, designated §18A-2-5a, all to read as follows:
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-2. Employment of teachers; contracts; continuing contract status; how terminated; dismissal for lack of need; released time; failure of teacher to perform contract or violation thereof.

(a) Before entering upon their duties, all teachers shall execute a contract with their county boards, of education, which contract shall state the salary to be paid and shall be in the form prescribed by the state superintendent. of schools. Every such Each contract shall be signed by the teacher and by the president and secretary of the county board of education and when so signed shall be filed, together with the certificate of the teacher, by the secretary of the office of the county board.
(b) A teacher's contract, under this section, shall be for a term of not less than one nor more than three years, one of which shall be for completion of a beginning teacher internship pursuant to the provisions of section two-b, article three of this chapter, if applicable. and If, after three years of such employment, the teacher who holds a professional certificate, based on at least a bachelor's degree, has met the qualifications for the same a bachelor's degree and the county board of education enter into a new contract of employment, it shall be a continuing contract, subject to the following:
(1) Provided, That Any teacher holding a valid certificate with less than a bachelor's degree who is employed in a county beyond the said three-year probationary period shall upon qualifying for said the professional certificate based upon a bachelor's degree, if reemployed, be granted continuing contract status; and
(2)
Provided, however, That A teacher holding continuing contract status with one county shall be granted continuing contract status with any other county upon completion of one year of acceptable employment if such the employment is during the next succeeding school year or immediately following an approved leave of absence extending no more than one year.
(c) The continuing contract of any teacher shall remain in full force and effect except as modified by mutual consent of the school board and the teacher, unless and until terminated, subject to the following:
(1) A continuing contract may not be terminated except:
(A) By a majority vote of the full membership of the county board on or before the first Monday of April of the then current year, after written notice, served upon the teacher, return receipt requested, stating cause or causes and an opportunity to be heard at a meeting of the board prior to the board's action thereon on the termination issue; or
(2) (B) By written resignation of the teacher before that date, to initiate termination of a continuing contract;
(2) Such The termination shall take effect at the close of the school year in which the contract is so terminated;
(3) Provided, That The contract may be terminated at any time by mutual consent of the school board and the teacher;
(4) and that This section shall does not affect the powers of the school board to suspend or dismiss a principal or teacher pursuant to section eight of this article;
(5) Provided, however, That A continuing contract for any teacher holding a certificate valid for more than one year and in full force and effect during the school year one thousand nine hundred eighty-four and one thousand nine hundred eighty-five shall remain in full force and effect;
(6) Provided further, That A continuing contract shall not operate to prevent a teacher's dismissal based upon the lack of need for the teacher's services pursuant to the provisions of law relating to the allocation to teachers and pupil-teacher ratios. The written notification of teachers being considered for dismissal for lack of need shall be limited to only those teachers whose consideration for dismissal is based upon known or expected circumstances which will require dismissal for lack of need. An employee who was not provided notice and an opportunity for a hearing pursuant to subsection (a) of this section this subsection may not be included on the list. In case of such dismissal for lack of need, the teachers so a dismissed teacher shall be placed upon a preferred list in the order of their length of service with that board. and No teacher shall be employed by the board until each qualified teacher upon the preferred list, in order, shall have has been offered the opportunity for reemployment in a position for which they are he or she is qualified, And provided further, That he or she has not including a teacher who has accepted a teaching position elsewhere. Such The reemployment shall be upon a teacher's preexisting continuing contract and shall have has the same effect as though the contract had been suspended during the time the teacher was not employed.
(d) In the assignment of position or duties of a teacher under said a continuing contract, the board may provide for released time of a teacher for any special professional or governmental assignment without jeopardizing the contractual rights of such the teacher or any other rights, privileges or benefits under the provisions of this chapter. Released time shall be provided for any professional educator while serving as a member of the Legislature during any duly constituted session of that body and its interim and statutory committees and commissions without jeopardizing his or her contractual rights or any other rights, privileges, benefits or accrual of experience for placement on the state minimum salary schedule in the following school year under the provisions of this chapter, board policy and law.
(e) Any teacher who fails to fulfill his or her contract with the board, unless prevented from so doing so by personal illness or other just cause or unless released from such his or her contract by the board, or who violates any lawful provision thereof of the contract, shall be disqualified to teach in any other public school in the state for a period of the next ensuing school year and the State Department of Education or board may hold all papers and credentials of such the teacher on file for a period of one year for such the violation: Provided, That marriage of a teacher shall not be considered a failure to fulfill, or violation of, the contract.
(f) Any classroom teacher, as defined in section one, article one of this chapter, who desires to resign employment with a county board of education or request a leave of absence, such the resignation or leave of absence to become effective on or before the fifteenth day of July of the same year and after completion of the employment term, may do so at any time during the school year by written notification thereof of the resignation or leave of absence and any such notification received by a county board of education shall automatically extend such the teacher's public employee insurance coverage until the thirty-first day of August of the same year.
(g) Any classroom teacher who gives written notice to the county board of education on or before the first day of February of the school year of their resignation or retirement from employment with the board at the conclusion of the school year shall be paid five hundred dollars from the Early Notification of Retirement line item established for the Department of Education for this purpose, subject to appropriation by the Legislature. If the appropriations to the Department of Education for this purpose are insufficient to compensate all applicable teachers, the Department of Education shall request a supplemental appropriation in an amount sufficient to compensate all such teachers. Additionally, if funds are still insufficient to compensate all applicable teachers, the priority of payment is for teachers who give written notice the earliest. This payment shall not be counted as part of the final average salary for the purpose of calculating retirement.
§18A-2-5a. Authorizing payment for notification of retirement.
Each county board is authorized to pay, entirely from local funds, five hundred dollars or less to any service employee, or to any professional employee who is not a classroom teacher, who gives written notice to the county board on or before the first day of February of the school year of his or her retirement from employment with the board at the conclusion of the school year."
The bill was then ordered to third reading.
Com. Sub. for S. B. 709, Authorizing circuit courts grant custodial and noncustodial improvement periods to certain juveniles; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 746, Requiring Director of Division of Personnel report on centralized personnel system; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 748, Relating to structuring Electronic Telecommunication Open Infrastructure Act; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
"CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.

ARTICLE 4. ELECTRONIC TELECOMMUNICATION OPEN INFRASTRUCTURE ACT.
§5B-4-1. Short title.

This article may be cited as the Electronic Telecommunication Open Infrastructure Act and may be referred to as ETOPIA.
§5B-4-2. Definitions.
The following terms, wherever used or referred to in this article, shall have the following meanings unless a different meaning clearly appears from the context:
(1) 'Broadband infrastructure' means all facilities, hardware and software and other intellectual property necessary to provide broadband services in this state, including, but not limited to, voice, video and data.
(2) 'Broadband services' means the services, including, but not limited to, voice, video and data, that provide capacity for transmission in excess of two hundred kilobits per second in at least one direction, regardless of the technology or medium used, including, but not limited to, wireless, copper wire, fiber-optic cable or coaxial cable.
(3) 'Commission' means the Joint Legislative Oversight Commission on Transportation and Infrastructure established by the provisions of section eleven of this article;
(4) 'Department of Commerce' means the department within the executive branch of West Virginia state government, established by the provisions of subdivision (8), subsection (a), section two, article one, chapter five-f of this code. It is headed by the Secretary of Commerce, who is appointed by the Governor with the advice and consent of the Senate.
(5) 'E-business' means 'electronic business' and includes any business process that relies on automated information systems that are principally performed with web-based technologies. E- business involves business processes spanning electronic purchasing and supply-chain management, the processing of orders electronically, the handling of customer service and cooperation with business partners. Special technical standards for e-business facilitate the exchange of data between companies. E-business software solutions allow the integration of intra- and inter-firm business processes. E-business can be conducted using the world wide web (web), the internet, intranets, extranets or a combination of these tools.
(6) 'E-commerce' means 'electronic commerce' or any range of transactions that consists primarily of the distributing, buying, selling, marketing and servicing of products or services over an electronic system such as the internet or other computer networks. The information technology industry may view this activity as an electronic business application aimed at commercial transactions. In this context, e-commerce can involve electronic funds transfer, supply-chain management, e-marketing, online marketing, online transaction processing, electronic data interchange (EDI), automated inventory management systems and automated data collection systems. Electronic commerce typically uses the electronic communications technology of the world wide web at some point in the transaction's lifecycle, although electronic commerce frequently depends on computer technologies other than the world wide web such as databases and e-mail and on other noncomputer technologies such as transportation for physical goods sold via e-commerce.
(7) 'E-government' means 'electronic government' or the use of telecommunications technology to facilitate and provide for access by the public to:
(A) Proceedings and operations of government;
(B) Records and information regarding the programs and services that are currently implemented or are to be proposed or discontinued by a governmental entity;
(C) Any records, not otherwise exempt by law from disclosure, that are kept by governmental entities and that would otherwise be available through nonweb-based means; and
(D) Transactions between the government and the public such as a citizen's receipt and return of forms and applications, including, but not limited to, driver's license applications, the payment of fines or penalties, or the filing of taxes. 'E-government' also includes the use of telecommunications technology to facilitate and provide for exchanges of information between separate governmental entities, whether local, state or federal, and the use of videoconferencing to conduct governmental proceedings with remote participants, including, but not limited to, the establishment of telecourts that adequately provide for the protection of the constitutional rights and privileges of persons involved in civil or criminal litigation, such as arraignments, hearings, conferences, trials and appeals held before such tribunals, and allow for appropriate rulings to be made with dispatch.
(8) 'E-learning' means 'electronic learning' or the use of telecommunications technology to facilitate and provide education, through lectures or other instructional training, as well as providing access to stored knowledge and information and other learning resources. The most common application of e-learning is asynchronous e-learning which uses web-based learning modules but does not support real time interaction between the instructor and the students, and other asynchronous functions that typically support the learning environment. Synchronous e-learning requires more bandwidth than asynchronous e-learning and consists principally of on-line real-time lectures which typically have to be joined by students at the time of their delivery. Most demanding in terms of bandwidth are forms of collaborative e-learning in which students have to interact continuously to solve problems or engage in other learning activities.
(9) 'Facilitator' or 'nonprofit facilitator' means a nonprofit corporation or any other lawfully constituted not-for-profit organization or entity that can:
(A) Ally itself with both public and private partners to form a strategic alliance with governmental entities, technology-minded companies, institutions of higher learning and any other public and private entities that support the growth and expansion of electronic access to technology, technology planning, public policy and public-relations; and
(B) Design a workforce recruitment plan that will necessarily be required to construct and implement the necessary broadband to which this state has committed, i.e., to provide access to the internet for all of the citizens of this state.
(10) 'Information equipment' includes central processing units, front-end processing units, miniprocessors, microprocessors and related peripheral equipment such as data storage devices, networking equipment, services, routers, document scanners, data entry equipment, terminal controllers, data terminal equipment, computer-based word processing systems other than memory typewriters;
(11) 'Information systems' mean computer-based information equipment and related services designed for the automated transmission, storage, manipulation and retrieval of data by electronic or mechanical means;
(12) 'Information technology' means data processing and telecommunications hardware, software, services, supplies, personnel, maintenance and training and includes the programs and routines used to employ and control the capabilities of data processing hardware.
(13) 'Local government' means any municipality, county, metro or regional government, or other political subdivision of the state of West Virginia.
(14) 'Person' means an individual, corporation, limited or general partnership, joint venture, limited liability company or a government entity, including state authorities, municipalities, counties, police, fire and other public safety organizations, judicial entities, medical entities, schools, colleges, universities, hospitals, libraries, community centers and local economic development entities. Except to the extent that state authorities, police, fire, and other public safety organizations, judicial entities, medical entities, schools, colleges, universities, hospitals and libraries may constitute state entities, 'person' does not include the State of West Virginia.
(15) 'Public body' means a governmental entity or institution and its employees, including, but not limited to, any department, division, agency, bureau, board, commission, court of law in its nonjudicial functions only, council, institution, spending unit, authority or other instrumentality thereof of whatever description of the State of West Virginia, or any county commission, or any county board of education, or any incorporated municipality, metro or regional government or any other political subdivision;
(16) 'Technology infrastructure' means information systems, information technology, information equipment and facilities, equipment, lines and services designed for or used for the transmission, emission or reception of signs, signals, writings, images or sounds of intelligence of any nature by wire, radio, microwave or other electromagnetic or optical systems, related hardware, software and programming and specifically including, but not limited to, all features, facilities, equipment, systems, functions, programming and capabilities and technical support used by:
(A) A cable operator;
(B) A commercial mobile service carrier;
(C) An open video system operator;
(D) A satellite carrier;
(E) A telecommunications carrier;
(F) Any other wireless carrier, providing current generation broadband services or next generation broadband services to subscribers through such qualified equipment; or
(G) Any carrier or operator using any other technology.
(17) 'Telecommuting' means not only telecommuting, but also includes or is related to 'e-commuting', 'e-work', 'telework' or 'working from home' through an arrangement under which the employee enjoys limited flexibility in working location and hours and avoids commuting to a central place of work by utilizing telecommunication links. Telework is a broader term, referring to substituting telecommunications for any form of work-related travel, thereby eliminating the distance restrictions of teleworking. A telecommuting program requires a management style which is based on results and not on close scrutiny of individual employees.
(18) 'Telemedicine' means the use of telecommunications technology to facilitate and broaden the application of the practice of medicine, thus enabling healthcare providers to deliver health care services from a distance, including, but not limited to, diagnosis, consultation, treatment, transfer of medical data, use of remote medical instruments and equipment and generally establishing a convenient means of delivering medical services to patients for whom such services might otherwise be unavailable. In addition to clinical applications, telemedicine also includes web- based information and communications technology that can provide education (including continuing education programs) and reduce the administrative costs of health care providers.
§5B-4-3. Legislative findings generally.
The Legislature finds as follows:
(1) It is a primary goal of this state, by the year two thousand ten, to make every municipality, community and rural area in this state, border to border, accessible to the internet, through the expansion and extension of broadband services and technology.
(2) An increased availability of broadband through an advanced technology infrastructure will allow more West Virginians to connect with the 'information super-highway' of the internet at high speeds. With current technology infrastructure, West Virginia can feasibly take action to assure that all of its citizens will have access to broadband services through cable television or telephone networks that support two-way communications using cable modems or telephone lines and also by utilizing wireless mobile technologies, satellite transmissions and other means of communication. Ultimately, other means of achieving higher speed connections will be conceived, evolved and made available for use as conduits for the transmission and diffusion of data, information and knowledge. West Virginia must be positioned to be on the edge of each such development.
(3) Access to broadband services and the accompanying applications of broadband technology will provide the State of West Virginia with the capacity to foster or support new economic and social opportunities and developments locally, regionally, nationally and internationally.
(4) In achieving this primary goal of maximizing internet accessibility, particular concerns of the Legislature and the executive branch of government should be concentrated on and directed toward those of our citizens who are located in rural areas of the state where access appears to be geographically or physically difficult or economically impracticable. An idealized achievement of this primary goal would equalize internet availability to all of our citizens and communities, give them access to the internet regardless of their location, provide them with the knowledge, information and technology available on the internet and expose them to a myriad of other broadband digital applications and services with their attendant benefits.
(5) The development of broadband and its diffusion to residential subscribers is still in the early stages and the market is far from mature. The expansion of broadband into unserved areas of the state requires capital investments for financing, for building the appropriate technology infrastructure and for providing the services and applications that can carry high speed data, quality video and voice traffic. Deployment costs are high, particularly in remote and scarcely populated areas. In these circumstances, private operators often do not offer broadband because it is not perceived as profitable to do so. This presents a territorial gap in broadband coverage, with urban households and businesses having ready options and access to broadband while rural population areas may have no options for access.
(6) The primary goal of subdivision (1) of this section may be achieved by the legislative and executive branches of state government by:
(A) Aggressively expanding and extending broadband and other telecommunications services;
(B) Creating incentives for private and nonprofit entities to establish broadband and other telecommunications services;
(C) Undertaking telecommunications planning at the local, regional and state levels and requiring that in such planning, that the participants shall include: (I) citizens and organizations representing and speaking on behalf of the public; (ii) officers of, or spokesmen for, any involved or affected governmental body; and (iii) representatives of various private sectors, including, but not limited to, representatives of industry and commerce, healthcare and education and research;
(D) Removing barriers to the full deployment of broadband digital applications and services and providing incentives for the removal of those barriers; and
(E) Removing barriers to public-private partnerships in areas of the state where business entities in the private sector are unable to economically justify capital investments in the technology infrastructure.
(7) There is little doubt that rapid growth of the internet is increasingly altering and driving our country in terms of commerce, learning, medicine and other fields so that information technology offers increased economic opportunities, higher living standards, increased health, better education, more individual choices and wider and more meaningful participation in government and public life. The past decade has brought considerable advancement in telecommunications and the way people communicate worldwide. Accordingly, telecommunications in general, and the internet in particular, are becoming increasingly important to the efficient and effective operation of both private and public sector entities. With the advent of the internet and its applications to e-business, e-commerce, e-government, telemedicine, e-learning, telecommuting and media and entertainment, the ability of people in all parts of this state to access the internet has become an important component in the ability of the state and its people and institutions to remain competitive in the information-based global economy.
(8) At the same time, however, progress by market forces and industry should be respected and governmental assistance and funding should be focused on areas and persons remaining unserved and not displace accessible and generally competitively priced broadband services in areas already served or where industry is expected to offer accessible and generally competitively priced broadband services by the end of the next following calendar year.

§5B-4-4. Legislative findings related to business, commerce and industry.

With regard to the projected impact of internet access on business, commerce and industry, the Legislature finds that there is a need to create and develop a foundation and structure for 'e- business', or 'electronic business' and for 'e-commerce' or 'electronic commerce' as defined in section two of this article.
(1) That a private nonprofit facilitator, in partnership with government and private enterprise, will best enable the implementation of a legislative plan to expand and extend the boundaries of technology-based business and enhance West Virginia's future workforce;
(2) That a broadband alliance formed by a nonprofit facilitator and other entities should be focused on building and sustaining a vital West Virginia economy through job creation and improved business processes, technology, education and advocacy;
(3) That a significant part of the mission of a nonprofit facilitator is to promote technology- based economic development for the state by fostering collaboration among the leadership of public and private companies, government agencies and institutions of higher education and that by working with these entities the private nonprofit facilitator will enable the State of West Virginia to create more effective manufacturing processes, improve communications, increase efficiency, expand market opportunities and develop corporate growth strategies;
(4) That our modern economy is driven by processes and goods with high technical content and superiority, competitiveness and progress and such an economy relies upon a highly trained technical workforce.
(5) That the citizens of West Virginia now live and work in the midst of an economic and cultural environment that connects the world through advanced communications and information technology and, accordingly, progressive policies and the innovative use of technology present the State of West Virginia with an opportunity to thrive in this new environment;
(6) That in order to compete and thrive, West Virginia must proactively improve the ability of its citizens and businesses to adopt and use advantageous resources; and
(7) That the use of computers, the Internet and related technologies advance the development of the skills that fuel a progressive economy and, increasingly, companies will choose locations and hire workers based upon the availability of workers who possess technologically centric skills and resources.
§5B-4-5. Legislative findings related to access to government.
(a) The Legislature finds that access to government information is fundamental to our democratic society. Streamlining state and local government processes through Internet-based tools has proven to be a highly effective and cost-efficient way to improve services.
(b) E-government can:
(1) Permit the resources, services and nonsecure information of an agency of government to be promptly and easily electronically accessed by other governmental entities or by constituents of government, thus allowing those governmental bodies and their constituents to efficiently and economically interact;
(2) Facilitate communications and transactions between state and local government bodies with vendors or contractors who provide goods or services to governmental entities or to private programs funded by public moneys;
(3) Ensure that West Virginia's governmental officers and employees who deal directly with the public, wherever located in the state, have access to high-speed internet connectivity so that their electronic access will, for example, speed up license renewals, provide online employment information and improve overall service levels.
(c) As state and local governments provide an increasing number of services online, the ability to access them through a faster connection becomes paramount. Government, in partnership with an alliance of a private nonprofit facilitator and other entities, must take the lead in developing e-government solutions,
in reducing administrative costs and in increasing access to services and the demand for broadband internet applications. As a technology-based resource in those situations where private investment in infrastructure is not available, a public-private partnership with a facilitator can keep government officials apprised of policy issues and build citizen participation through the development of new applications, emergency preparedness information, employment opportunities and links to other valuable governmental resources.
§5B-4-6. Legislative findings related to healthcare or 'telemedicine'.

The Legislature finds as follows:
(1) New technologies are enabling doctors to view and send medical images from any location with access to broadband services securely and quickly.
(2) Broadband access can reduce the disadvantages of physical remoteness from cities, connecting rural healthcare providers with potentially life-saving information. In addition, consumers can use the internet to search for health care information that was previously only available by visiting their health care provider.
(3) The cost for health care providers to offer services steadily increases, while the amount of revenue remains flat or even decreases. As hospitals and physicians look for ways to lower costs, broadband applications provide efficiencies and cost-saving opportunities. Broadband connectivity can improve the quality of services and profits for health care providers where reliability
is essential, speed is important and cost is a defining factor. High-bandwidth connections enhance the dependability of web-based mission-critical applications, reducing some of the cost and burden
of providing care. Ultimately, improved service levels are the key to quality of life for both patients and physicians.
§
5B-4-7. Legislative findings related to e-learning.
The Legislature finds as follows:
(1) State, business and education leaders use information obtained through broadband communications in the design of their plans for enhancing West Virginia's competitiveness in the networked world.
(2) Access to information technology in West Virginia will enhance the state's competitiveness in the networked world by creating a better understanding of the existing technological infrastructure, the availability of access to that infrastructure and how it is being used today.
(3) Education leaders recognize the important role information technology and broadband technologies will play in the long-term success of the state's economy. Through the adoption of new technologies, education resources can be made available to our citizens, even in the most rural parts of West Virginia.
§5B-4-8. Legislative findings related to early childhood development.
The Legislature finds as follows:
(1) Developing and utilizing broadband applications that will allow internet users to interact with educational programs (e-learning) and to connect with other online databases, such as e-commerce and telemedicine, will require capital investments and the commitment of other resources, both public and private, in these new and evolving information and communication technologies.
(2) Establishing a broadband connection at a local school will enable students to gain access, in the classroom, to the knowledge and resources available on the internet, and through high speed cable, DSL, wireless or other means, will enable students access outside of the classroom. Broadband infrastructure will enable a school to provide interactive programs that project information and training related to early childhood development directly into the homes and families of children from birth to age eight in the school's community.
(3) Mandating that the availability of broadband access is a public or private service for all communities and rural areas in this state requires recognition that the ongoing financial support and resources of governmental and private entities must include the costs of providing such access within their support and funding for education, social services, administration and other services.
(4) As efforts to continue developing and providing broadband infrastructure, information technologies and appropriate applications of technologies impact the area of early childhood development, this article should be implemented in cooperation and partnership among the Department of Commerce, the Department of Education and the Department of Health and Human Resources.
§5B-4-9. Technology infrastructure needs assessment, inventory and mapping; agency and local government cooperation; information gathering; reporting requirements; rule-making authority; and provision of broadband technology to families with children from birth to age eight.
(a) The state encourages the coordinated deployment and operation of technology infrastructure for present and future use. Therefore, it is necessary for the state to maintain an ongoing, continually updated record of the nature and extent of its technology infrastructure comprised of information systems, information equipment and information technology, the demands on its technology infrastructure and those governmental entities which use or desire to use the resources of the technology infrastructure providing information services, cable service, advanced services, broadband services, internet, internet protocol enabled services, telecommunications services or similar services or support.
(b) The Secretary of the Department of Administration shall develop systems and processes for maintaining accurate information on the state of the technology infrastructure in the state on an ongoing basis and conduct an infrastructure resources survey of the deployment and operation of technology infrastructure in this state. The secretary shall determine the form and format of the information submitted, and the availability of the results of inventory and mapping, including the use of electronic submissions.
(c) To facilitate the infrastructure resources survey, the Secretary of the Department of Administration shall propose emergency and legislative rules in accordance with article three, chapter twenty-nine-a of this code. These rules may include:
(1) The manner of reporting the technology infrastructure information;
(2) Promulgation of a form or forms for reporting purposes;
(3) A means of providing training to individuals responsible for the completion and submission of the information on the proposed form;
(4) A means of reporting back to individual participating public bodies, from time to time, at the request of a public body, on findings specific to that body to allow the public body to evaluate independently the information provided;
(5) A limitation that the information is to be used solely for the purposes of this article;
(6) Safeguards to protect the confidential information as provided in section ten of this article;
(7) Methodology for collection of information and the analysis of the information;
(8) Protocols for an annual update of the infrastructure resources survey including information collection, analysis and reporting thereof by the Department of Administration; and
(9) A policy to encourage businesses and to require state and local government agencies to report to the Chief Technology Officer on donations of information technology to educational facilities, nonprofit organizations and members of the public, including without limitation, a description of each item donated and identification of the recipient.
(d) Every public body shall complete an infrastructure resources survey no later than the first day of October, two thousand seven, and a survey each year thereafter as provided in rules promulgated pursuant to this section.
(e) The Secretary shall file annually a report with the Joint Legislative Oversight Commission on Transportation and Infrastructure created in section eleven of this article. The report shall generally advise the Joint Oversight Commission on Transportation and Infrastructure about the deployment and operation of technology infrastructure in this state and to make recommendations on policy and statutory changes that may be needed. The report shall include a discussion of each the following:
(1) The connectivity, priorities and interoperability of the technology infrastructure owned, leased or used by public bodies;
(2) The technology infrastructure that is owned, leased, operated or used by the public bodies of the state;
(3) Technology infrastructure as it affects homeland security, public safety and health, systems reliability and providing continuity of government operations;
(4) Technology infrastructure identifying potential market demand areas where expanded resources may be expected;
(5) Practices or suggestions to coordinate the development of technology infrastructure and the deployment of services between the public bodies through the coordinated delivery of these systems; and
(6) Any other topic that may be beneficial in adequately assessing technology infrastructure.
(f) To the extent technology infrastructure information is readily provided by private persons or otherwise available, the Secretary shall utilize and incorporate that data to fulfill the reporting requirements of this section.
(g) Not later than the first day of December, two thousand seven, the Governor's Chief Technology Officer within the Department of Administration shall submit a report to the Legislature that:
(1) Assesses the availability of, and access to, broadband technology in homes and families with children from birth to age eight;
(2) Estimates the number of families with children from birth to age eight who are using broadband technology in their homes;
(3) Estimates the unmet demand for broadband technology for families with children from birth to age eight; and
(4) Sets forth a strategic plan to meet the demand described in subdivision (3) of this subsection.
§5B-4-10. Confidential information; exemption from disclosure.
(a) Information submitted by a public body as part of the survey that may be a trade secret or otherwise confidential shall be identified by that body as confidential information. The public body claiming confidentiality shall provide written justification to the Secretary at the time the information is submitted stating the reasons for confidentiality and why the information should not be released.
(b) In addition to records or documents that may be considered confidential under this code, confidential information means records, reports or information, or a particular portion or any combination or aggregation thereof, that if made public would present a threat to the safety and security of any system or component relating to the technology infrastructure and related systems.
(c) Information designated as confidential and the written justification shall be maintained in a file separate from the general records related to the public body. The confidential information will be exempt from disclosure requirements under this code.
(d) Information designated as confidential may be released to the Department of Administration, its employees and agents when compiling and analyzing the infrastructure resources survey information and as may be necessary to develop the report required by this article. Any individual receiving information designated confidential shall protect the information as confidential.
(e) Trade secrets or proprietary information obtained by the Governor's Chief Technology Officer from broadband providers and other persons or entities through activities related to surveying and mapping broadband access in West Virginia shall be secured and safeguarded by the state. Such information or data shall not be disclosed to the public or to any firm, individual or agency other than officials or authorized employees of this state. Any person who makes any unauthorized disclosure of such confidential information or data is guilty of a misdemeanor and, upon conviction thereof, may be fined not more than five thousand dollars or confined in a correctional facility for not more than one year, or both.
(f) The official charged with securing and safeguarding trade secrets and proprietary data is the Governor's Chief Technology Officer, within the Department of Administration, who is authorized to establish and direct appropriate security measures. The Governor shall designate two additional persons to share the responsibility of securing trade secrets or proprietary information. No one will be allowed access without written approval of a minimum of two of the three authorized persons specified above.
§5B-4-11. Joint Legislative Oversight Commission on Transportation and Infrastructure; examination and subpoena powers; contempt proceedings; legislative reports.
(a) The President of the Senate and the Speaker of the House of Delegates shall each designate five members of their respective houses, at least one of whom shall be a member of the minority party, to serve on a joint legislative oversight commission charged with immediate and ongoing oversight of transportation and infrastructure matters, specifically including, but not limited to, the ongoing oversight of the management and coordination of the deployment and operation of infrastructure related to technology. This commission shall be known as the Joint Legislative Oversight Commission on Transportation and Infrastructure.
(b) The Joint Legislative Oversight Commission on Transportation and Infrastructure may:
(1) Make a continuing investigation, study and review of the practices, policies and procedures utilized to expand broadband infrastructure in this state;
(2) Make a continuing investigation, study and review of all matters related to broadband policy in the state;
(3) Review program development by the various agencies of state government if those programs impact access to broadband internet;
(4) Conduct studies on:
(A) The amount of funds expended by state government and by public and private entities in this state for broadband services to persons who are unable to pay for those services;
(B) The extent to which persons in this state forego broadband access because of insufficient income and assets to pay for broadband services;
(C) The extent to which the state is maximizing available federal programs and moneys in providing and expanding broadband services to the citizens of this state;
(D) The operation of the programs and funds created by this article; and
(E) The roles of the public, private and private nonprofit sectors in providing broadband services and access to the citizens of this state;
(5) Review and study the feasibility and financial impact upon the state of assuring increased access by school children to broadband in their homes, families and other nonschool settings, if available; and
(6) Conduct a study on the effects of extending broadband infrastructure into rural areas, including effects on the quality, cost and availability of broadband services.
(c) For purposes of carrying out its duties, the commission may examine witnesses and subpoena such persons and books, records, documents, papers or any other tangible things as it believes should be examined to make a complete investigation.
(b) All witnesses appearing before the commission under subpoena shall testify under oath or affirmation. Any member of the commission may administer oaths or affirmations to such witnesses.
(c) To compel the attendance of witnesses at such hearings or the production of any books, records, documents, papers or any other tangible thing, the commission may issue subpoenas, signed by one of the cochairpersons, in accordance with section five, article one, chapter four of this code. Subpoenas may be served by any person authorized by law to serve and execute legal process and service shall be made without charge. Witnesses subpoenaed to attend hearings shall be allowed the same mileage and per diem as is allowed witnesses before any petit jury in this state.
(d) If any person subpoenaed to appear at any hearing refuses to appear or to answer inquiries there propounded, or fails or refuses to produce books, records, documents, papers or any other tangible thing within his control when demanded, the commission shall report the facts to the circuit court of Kanawha County or any other court of competent jurisdiction and the court may compel obedience to the subpoena as though such subpoena had been issued by the court in the first instance.
(e) The commission shall submit annual reports to the Legislature, which describe and evaluate in a concise manner:
(1) The major activities of agencies of state government and public and private entities involved in expand the infrastructure of, and access to broadband for the fiscal year immediately past, including important policy decisions reached on initiatives undertaken during that year, especially as such activities, decisions and initiatives relate to:
(A) Improving the accessibility of appropriate broadband services in all areas of this state;
(B) Improving the ability of the citizens of this state to reasonable afford broadband services.
(2) Other information considered by the commission to be important, including recommendations for statutory, fiscal or policy reforms and reasons for such recommendations.
(b) The reports may specify in what manner any practice, policy or procedure may or should be modified to satisfy the goal of efficient and effective access to broadband services as they become increasingly available in this state.
§5B-4-12. Powers and duties of the Secretary of Commerce.
(a) The primary responsibility of the secretary is to foster and support economic development and the advancement and commercialization of new and emerging technologies through collaborative agreements between business, industry and the state.
(b) The secretary may provide consulting and additional services, including, but not limited to, evaluation of technology, verification and assessment of market applications, grant administration for any person engaged in public-private collaborations with the department pertaining to technology advancement and commercialization activities and research into new areas of economic development relating to technology, technology infrastructure and telecommunications.
(c) The secretary may receive and accept from any public body or person or entity of any nature whatsoever grants to be expended in accomplishing the objectives of this article and to receive and accept state appropriations and grants from any public body and from any other source, aid or contributions of either money, property or other things of value to be held, used and applied only for the purposes for which the grants and contributions may be made or collect fees for consulting services rendered to any public body.
(d) The secretary may accept and expend any gift, grant, contribution, bequest, endowment or other money for the purposes of this article and to make a maximum effort to encourage external support for programs intended to expand broadband infrastructure into areas of the state not currently served. Any transfer of endowment or other assets to the department shall be formalized in a memorandum of agreement to assure, at a minimum, that any restrictions governing the future disposition of funds are preserved.
(e) The Department of Commerce shall cooperate with the Department of Education and the Department of Health and Human Resources to coordinate state resources as they relate to the expansion of broadband technology so as to provide interactive programs that project information and training related to early childhood development directly into the homes and families of children from birth to age eight.
(f) The Secretary of Commerce may promulgate rules to fulfill the purposes of this section. These rules are not subject to the provisions of chapter twenty-nine-a of this code, but shall be filed with the Secretary of State.
§5B-4-13. Need for study; reporting requirements; information gathering.
(a) The Secretary of Commerce shall enhance well-being, prosperity, economic growth and community development through the ongoing study and research into and development of best known methods regarding the management practices, human factors and cultural changes related to the implementation, operation and utilization of technology, technology infrastructure and related services. For the purposes of this section, "best known methods" refers to plans that outline strategies and activities designed to continue, diversify or expand the economic base of the state as a whole; create jobs; develop a highly capable workforce; enhance productivity; facilitate business access to capital, including venture capital and capital markets; advertise and market the resources offered by the state with respect to the technology needs of business and industry; facilitate cooperation among state government, entrepreneurship efforts, public private partnerships, universities and colleges; and leverage funding from sources other than the state, including federal and private sources.
(b) In developing its study, the department shall consider resources and technical support available through other agencies, both public and private, including, but not limited to, the state college and university systems; the West Virginia Housing Development Fund; the Consumer Advocates Office of the Public Service Commission; the West Virginia Economic Development Authority; the West Virginia Parkways, Economic Development and Tourism Authority; the West Virginia Chamber of Commerce; regional planning and development councils; and state appropriations. The Infrastructure and Jobs Development Council, as created by the provisions of section three, article fifteen-a, chapter thirty-one of this code, is also included with the above-named agencies and entities, inasmuch as the broadband infrastructure project or projects to be undertaken under the provisions of this article are within the definition of the term "infrastructure project" as it is defined in section two, article fifteen-a, chapter thirty-one of this code.
(c) Upon completion of a study of best known methods in private industry and public policy, the Secretary shall file an initial preliminary report with the Joint Legislative Oversight Commission on Transportation and Infrastructure created in this article no later than the first day of November, two thousand seven. The report shall include consideration of the following:
(1) Strategies and activities designed to continue, diversify or expand the resources offered by the state with respect to the technology needs of the state;
(2) Strategies to facilitate cooperation among state government, local government, entrepreneurship efforts, public-private partnerships and colleges and universities, with respect to the technology needs of business and industry;
(3) Management and utilization of technology infrastructure identifying potential growth areas where expanded resources may be expected;
(4) Practices or methods to coordinate development and utilization of technology infrastructure and the deployment of technology infrastructure and related technology between public bodies through the coordinated delivery of these systems; and
(5) Any other information that may be beneficial in adequately assessing technology available in determining the need for and the preparation of technology infrastructure plans.
(d) The secretary shall report annually to the Joint Oversight Commission on Transportation and Infrastructure to advise the commission about the deployment and operation of technology infrastructure in this state and to make recommendations on policy and statutory changes that may be needed.
§5B-4-14. Providing technical and funding assistance to develop technology infrastructure; contractual and joint venture agreements.

(a) The Department of Commerce may:
(1) Provide assistance, including funding assistance to develop technology infrastructure, and related technology through a matching grant program. The department shall establish criteria for awarding matching grants within the limits of funds appropriated by the Legislature for the program or as may be available from other sources;
(2) Provide technical assistance, including consulting services for a fee to one or more public bodies pertaining to the development of technology and technology infrastructure; and
(3) Enter into contractual or joint venture agreements with one or more persons and public bodies pertaining to the development of technology and technology infrastructure:
Provided, That such agreements may not be considered a debt of the state or a pledge of the credit of the state.
(b) The powers and authority granted by this article, however, must be focused on technical and funding assistance in those areas remaining unserved and not displace accessible and generally competitively priced broadband services or where industry is expected to offer accessible and generally competitively priced broadband services by the end of the next following calendar year.
§5B-4-15. Complete authority of article; liberal construction.
This article is full and complete authority for carrying out the powers and duties of the same as herein provided. The provisions of this article shall be liberally construed to accomplish its purpose and no procedure or proceedings, notices, consents or approvals, are required in connection therewith except as may be prescribed by this article.";
And by amending the enacting section to read as follows:
"That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §5B-4-1, §5B-4-2, §5B-4-3, §5B-4-4, §5B-4-5, §5B-4-6, §5B-4-7, §5B-4-8, §5B- 4-9, §5B-4-10, §5B-4-11, §5B-4-12, §5B-4-13, §5B-4-14 and §5B-4-15, all to read as follows:
"
The bill was then ordered to third reading.
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for S. B. 21, Restricting licensee's work until adverse judgment satisfied,
Com. Sub. for S. B. 55, Updating mortality tables used in life estate valuation,
S. B. 59, Relating to basic universal design features for certain dwellings,
Com. Sub. for S. B. 67, Relating to school access safety generally,
Com. Sub. for S. B. 129, Authorizing PEIA to transfer excess reserve funds to Retiree Health Benefit Trust Fund,
Com. Sub. for S. B. 178, Allowing counties to increase hotel occupancy tax,
Com. Sub. for S. B. 192, Authorizing Commissioner of Division of Corrections to issue warrants for certain inmates,
Com. Sub. for S. B. 278, Authorizing Department of Health and Human Resources promulgate legislative rules,
S. B. 336, Relating to higher education generally,
Com. Sub. for S. B. 361, Establishing work programs for qualified inmates,
S. B. 371, Exempting certain professional services from consumers sales and service tax,
Com. Sub. for S. B. 381, Relating to insurance fraud,
Com. Sub. for S. B. 393, Creating Marketing and Communications Fund,
Com. Sub. for S. B. 400, Appointing additional circuit court judges,
S. B. 403, Increasing sealed bids' limitation for certain purchases and contracts by ambulance service authorities,
S. B. 406, Including qualified continuing care retirement communities under Tax Limitations Amendment provisions,
S. B. 496, Authorizing approval of State Personnel Board pay plans,
Com. Sub. for S. B. 523, Consolidating and eliminating certain Division of Motor Vehicles' fees,
Com. Sub. for S. B. 529, Prohibiting requirement that sexual offense victims pay costs of forensic examination,
Com. Sub. for S. B. 541, Relating to public school finance,
Com. Sub. for S. B. 559, Authorizing Insurance Commissioner propose rules related to military personnel insurance,
Com. Sub. for S. B. 601, Revising provisions governing motor vehicle dealers' establishment or relocation,
S. B. 611, Relating to Division of Natural Resources' long-term contracts with third parties,
Com. Sub. for S. B. 643, Relating to insurance laws violations investigations,
S. B. 657, Requiring State Board of Education incorporate 21st Century Skills Initiative into certain standards,
S. B. 667, Creating WV Andrew J. Trail Purple Heart Recipient College Bill of Rights Act of 2007,
S. B. 690, Exempting consumers sales and service tax on highway construction and maintenance materials,
S. B. 707, Increasing jail processing fee amount,
S. B. 712, Relating to wine regulations,
Com. Sub. for S. B. 738, Requiring WV Parkways, Economic Development and Tourism Authority present proposed toll revision to Joint Committee on Government and Finance,
And,
Com. Sub. for H. B. 2007, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution.
At 2:37 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 5:30 p.m., and reconvened at that time.
* * * * * * * * * * * *

Evening Session

* * * * * * * * * * * *

Messages from the Executive

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

EXECUTIVE DEPARTMENT

At Charleston

A PROCLAMATION

By the Governor

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

By the Governor
Betty Ireland,
Secretary of State
At the request of Delegate DeLong, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports

Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
S. B. 621, Standardizing preferred drug lists and formularies,
And,
S. B. 354, Providing penalties for failure to report to Alzheimer's Disease Registry,
And reports the same back with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (S. B. 621 and S. B. 354) were each referred to the Committee on the Judiciary.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 117, Relating to determining competency to stand trial,
Com. Sub. for S. B. 194, Relating to appeal bonds,

Com. Sub. for S. B. 518, Conforming WV Works Program with federal law requirements,
And,
S. B. 526, Relating to political activities of deputy sheriffs and municipal police officers, And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 550, Eliminating bond requirement for person authorized to perform marriages,
And reports the same back with the recommendation that it do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 82, Creating Eyewitness Identification Reform Act,
And reports the same back, with amendment, with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for S. B. 82) to the Committee on Finance was abrogated.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 592, Making supplemental appropriation to Interoperable Radio Project,
And reports the same back with the recommendation that it do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 177, Creating Division of Energy,
S. B. 441, Relating to wind power projects tax treatment,
And,
S. B. 672, Including boat retailers in special method for appraising dealer vehicle inventory,
And reports the same back, with amendment, with the recommendation that they each do pass.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
S. B. 395, Relating to Management of Pain Act,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (S. B. 395) was referred to the Committee on the Judiciary.

Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
Com. Sub. for S. B. 187, Relating to WV Performance Review Act.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
Com. Sub. for S. B. 411, Creating Correctional Center Nursery Act.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 415, Authorizing magistrate courts assess fee for criminal records checks.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 435, Clarifying Consolidated Local Government Act
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
Com. Sub. for S. B. 442, Relating to grievance procedures for certain state and educational employees.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
Com. Sub. for S. B. 539, Relating to Deputy Sheriff Retirement System.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of

Com. Sub. for S. B. 619, Relating to election day procedures and preparation.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 754, Clarifying restrictions on certain political contributions from political committees.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment of House of Delegates and requested the House to recede from its amendment to
S. B. 454, Renaming and restructuring Bureau of Employment Programs.
On motion of Delegate DeLong, the House of Delegates refused to recede from its amendment and requested the Senate to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Swartzmiller, Argento and Schoen.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
S. B. 603, Establishing 21st Century Tools for 21st Century Schools Technology Initiative.
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators Edgell, Stollings and Hall.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:
H. B. 2349, Continuing the Board of Registration for Sanitarians.
Delegate DeLong moved that the bill take effect from passage.
On this question, the yeas and nays were taken (Roll No. 321), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2349) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:
H. B. 2574, Continuing the Board of Social Work Examiners.
Delegate DeLong moved that the bill take effect from passage.
On this question, the yeas and nays were taken (Roll No. 322), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2574) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates as follows:
H. B. 2586, Continuing the Board of Veterinary Medicine.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 10. VETERINARIANS.
§30-10-20. Continuation of the Board of Veterinary Medicine.
Pursuant to the provisions of article ten, chapter four of this code, the West Virginia Board of Veterinary Medicine shall continue to exist until the first day of July, two thousand seven eighteen, unless sooner terminated, continued or reestablished."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment

The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 323), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2586) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 324), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2586) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
Com. Sub. for H. B. 2718, Authorizing West Virginia Lottery Table Games at State Racetracks.
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators Kessler, Bowman and McKenzie.
On motion of Delegate DeLong, the House of Delegates agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Shook, Swartzmiller and Schadler.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
At 6:20 p.m., on motion of Delegate DeLong, the House of Delegates recessed for fifteen minutes, and reconvened at that time.
Conference Committee Report Availability

At 6:56 p.m., the Clerk announced the availability in his office of the report of the Committee of Conference on Com. Sub. for H. B. 2718, Authorizing West Virginia Lottery Table Games at State Racetracks.
Conference Committee Vote Request

Delegate DeLong requested and obtained unanimous consent that for the remainder of the Session duly appointed members of the Conference Committees who may miss votes due to Conference Committee meetings be permitted to record their votes with the Clerk of the House, provided that they do so on the actual day the votes were missed and that their vote does not change the outcome on any question.
Delegate Delong requested and obtained unanimous consent, that all bills having been reported out of committee today without a second committee reference, be read a first time and ordered to second reading, which were as follows:
Com. Sub. for S. B. 76, Setting particular penalties for underage drinking,
Com. Sub. for S. B. 82, Creating Eyewitness Identification Reform Act,
Com. Sub. for S. B. 117, Relating to determining competency to stand trial,
S. B. 177, Creating Division of Energy,
Com. Sub. for S. B. 194, Relating to appeal bonds,
Com. Sub. for S. B. 386, Exempting public disclosure of specific public utility plant engineering plans,
S. B. 396, Exempting site-specific data on certain rare plant or animal species from disclosure,
S. B. 441, Relating to wind power projects tax treatment,
S. B. 511, Repealing code section relating to insurance policies.
Com. Sub. for S. B. 518, Conforming WV Works Program with federal law requirements
Com. Sub. for S. B. 521, Relating to civil penalties issued for criminal and civil violations in Hatfield-McCoy Regional Recreation Area,
S. B. 526, Relating to political activities of deputy sheriffs and municipal police officers,
S. B. 550, Eliminating bond requirement for person authorized to perform marriages,
S. B. 592, Making supplemental appropriation to Interoperable Radio Project,
Com. Sub. for S. B. 606, Distributing application for absentee voting by electronic mail,
S. B. 616, Relating to election ballots,
Com. Sub. for S. B. 672, Including boat retailers in special method for appraising dealer vehicle inventory,
Com. Sub. for S. B. 713, Relating to campaign finance filings,
And,
S. B. 747, Creating Municipal Home Rule Pilot Program.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates as follows:
H. B. 2587, Continuing the Board of Optometry.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, section eleven, by striking out the section caption and substituting therefor a new section caption, to read as follows:
"§30-8-11. Continuation of the Board of Optometry."

On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 325), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Frederick and Ron Thompson..
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2587) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 326), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Frederick and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2587) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 2712, Regarding whether a bank's application to establish a branch presents a significant supervisory concern or significant legal or policy issue.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 2741, Relating to worthless checks.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §61-3-39a, §61-3-39b, §61-3-39f and §61-3-39h of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-39a. Making, issuing, etc., worthless checks on a preexisting debt; penalty.
(a) It is unlawful for any person, firm or corporation to make, draw, issue, utter or deliver any check, draft or order for the payment of money or its equivalent on a preexisting debt upon any bank or other depository, knowing or having reason to know there is not sufficient funds on deposit in or credit with the bank or other depository with which to pay the check, draft or order upon presentation. The making, drawing, issuing, uttering or delivering of any check, draft or order on a preexisting debt, for or on behalf of any corporation, or its name, by any officer or agent of the corporation, shall subject the officer or agent to the penalty of this section to the same extent as though the check, draft or order was his or her own personal act.
(b) This section shall not apply to any such check, draft or order when the payee or holder knows or has been expressly notified prior to the acceptance of same or has reason to believe that the drawer did not have on deposit or to his or her credit with the drawee sufficient funds to insure payment as aforesaid, nor shall this section apply to any postdated check, draft or order. This section shall not apply when the insufficiency of funds or credit is caused by any adjustment to the drawer's account by the bank or other depository without notice to the drawer or is caused by the dishonoring of any check, draft or order deposited in the account unless there is knowledge or reason to believe that the check, draft or order would be dishonored.
(c) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction thereof, shall be fined not more than two hundred dollars, or confined in the county or regional jail not more than ten days, or both.
§61-3-39b. Payment as defense.
Payment of a dishonored check, draft or order, shall not constitute made to the magistrate clerk within ten days after the notice mailed to the defendant pursuant to section thirty-nine-g of this article, constitutes a complete defense or ground for dismissal of charges brought under section thirty-nine or section thirty-nine-a of this article. Payment of a dishonored check, including any authorized charges or costs, shall constitute a defense or grounds for dismissal of charges brought under section thirty-nine-a of this article.
§61-3-39f. Manner of filing complaint for warrant; form.
(A) Notwithstanding the provisions of section one, article one, chapter sixty-two of this code, a complaint for warrant for violations of section thirty-nine or section thirty-nine-a of this article need not be made upon oath before a magistrate but may be made upon oath before any magistrate court clerk or other court officer authorized to administer oaths or before a notary public in any county of the state and may be delivered by mail or otherwise to the magistrate court of the county wherein venue lies: Provided, That nothing in this section changes the authority and responsibility of the prosecuting attorney to prosecute any person or persons for violations of section thirty-nine or section thirty-nine-a of this article.
(B) A complaint for warrant for violations of section thirty-nine-a of this article shall be deemed sufficient if it is in form substantially as follows:
"State of West Virginia
County of ....................., to wit:
......................................, upon oath complains that:
(a) Within one year past, on the ...... day of ............, 19 20...., in the county stated above, ............................. ('the maker') unlawfully issued and delivered to ........................... a check, draft or order with the following words and figures:
........................19 20 .... No...........
..............................................
(Name of Bank)
Pay to the Order of ..................... $.......... Dollars
For......................................................... when the maker did not have funds on deposit in or credit with this bank with which to pay the check, draft or order upon presentation against the peace and dignity of the State of West Virginia. The complainant therefore prays a warrant issue and that the maker be apprehended and held to answer the warrant and dealt with in relation thereto according to the law.
(b) At the time the check, draft or order was delivered and before it was accepted there was either on the check or on a record in the possession of the complainant the following information regarding the identity of the maker:
(1) Name....................................................
(2) Residence address.......................................
(3) Business address........................................
(4) Mailing address.........................................
(5) Motor vehicle operator's number.........................
(6) Home phone..............................................
(7) Work phone..............................................
(8) Place of employment.....................................
That since the time the check, draft or order was delivered the complainant has ascertained to the best of his or her knowledge and belief the following facts concerning the maker:
Full name .......................................................
Home address ....................................................
Home phone no............... Business phone no...................
Place of employment .............................................
Race ............ Sex .............. Height .....................
Date of birth ...................................................
Day
Month
Year

..................................., Complainant
.................................................
Address
Phone No.

(c) The complainant's bank or financial institution has imposed on or collected from the complainant a service charge in the amount of $........................ in connection with the check, draft or order described above.
Taken, subscribed and sworn to before me, this .............. day of ......................, 19 20.....
.............................................
.............................................
(Title)
My commission expires the ........ day of .................., 19 20....."
(C) The failure to supply information indicated in parts (b) or (c) of the foregoing complaint for warrant shall not affect the sufficiency thereof of the complaint.
§61-3-39h. Payment of costs in worthless check cases; disposition of certain costs.

(a) In any prosecution under section thirty-nine or thirty-nine-a of this article, the costs as that may otherwise be imposed against the drawer of any check, draft or order shall be imposed on the person initiating the prosecution if:
(1) Payment of the check, draft or order is accepted by the payee or holder thereof after the filing of a complaint for warrant and the charge is subsequently withdrawn or dismissed at the request of the complainant: Provided, That the provisions of this subdivision do not apply where a charge is dismissed and restitution is paid as a condition of a plea agreement. The defendant shall be assessed costs for the prosecution of each charge of which he or she stands convicted and the fee for court costs assessed pursuant to section thirty-nine-g of this article for each charge dismissed as a result of the plea agreement; if
(2) The payee or holder had reason to believe that the check, draft or order would be dishonored; or if
(3) The same check, draft or order was postdated; or if
(4) The matter is dismissed for failure to prosecute.
(b) Costs collected by magistrate court for issuance of notice as authorized by section thirty- nine-g of this article may not be paid into the special county fund created by the provisions of section four, article three, chapter fifty of this code but shall be accounted for separately and retained by the county in a fund designated the Worthless Check Fund until the sheriff shall issue issues warrants in furtherance of the allowable expenses specifically provided for by this section. Such costs may not be included in any calculation of the amount of funds to be retained by the county under the provisions of section four, article three, chapter fifty of this code.
(c) A county may, after agreement with the court administrator's office of the Supreme Court of Appeals, appropriate and spend from the Worthless Check Fund herein established such sums as shall be are necessary to pay or defray the expenses of providing a deputy sheriff to serve warrants for worthless check offenses and to pay or defray the expenses of providing additional deputy clerks in the office of the magistrate court clerk. After payment of these expenses, or after a determination that these services are not necessary, a county may appropriate and spend from the fund the sums necessary to defray:
(1) The expenses of providing bailiff and service of process services by the sheriff; to defray
(2) The cost of acquiring or renting magistrate court offices and providing utilities and telephones therefor and telephone service to such offices; to defray
(3) The cost of complying with section thirty-nine-i herein of this article; and to defray
(4) The expenses of such other services which are to be provided to magistrate courts by the county."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2741 - "A Bill to amend and reenact §61-3-39a, §61-3-39b, §61-3-39f and §61-3-39h of the Code of West Virginia, 1931, as amended, all relating to worthless checks; providing a defense for payment of worthless check within ten days; authorizing magistrate courts to accept certain criminal complaints from private citizens; preventing assessment of costs against a complainant in certain circumstances; requiring the defendant in a worthless check prosecution to pay court costs for each worthless check charge of which he or she stands convicted; and requiring the defendant to pay the additional court costs for each worthless check charge dismissed as a result of a plea agreement."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 327), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Frederick and Thompson, Ron.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. H. B. 2741) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 2748, Relating to the receipt and transfer of scrap metal.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 3. CRIMES AGAINST PROPERTY

§61-3-49. Purchase of nonferrous metals or steel railroad track and track materials by scrap metal purchasing businesses, salvage yards, or recycling facilities; certificates, records and reports of such purchases; criminal penalties.

(a) Any person in the business of purchasing scrap metal, any salvage yard owner or operator, or any public or commercial recycling facility owner or operator, or any agent or employee thereof, who purchases any form of copper, aluminum, brass, lead or other nonferrous metal of any kind, or steel railroad track and track material, shall make a record of such purchase comply with the provisions of this section. Such record shall accurately list the name, permanent and business addresses and telephone number of the seller, the motor vehicle license number of any vehicle used to transport the nonferrous metal or steel to the place of purchase, the time and date of the transaction and a complete description of the kind and character of the nonferrous metal or steel railroad track and track material purchased. The person purchasing the nonferrous metal or steel railroad track and track material shall also require from the seller, and retain in the record, a signed certificate of ownership of the nonferrous metal or steel railroad track and track material being sold or authorization from the owner to sell.
(b) The purchaser of such metals shall make and maintain a record of each transaction which shall contain the following information:

(1) Full name, permanent home and business addresses, and telephone number, if available, of the seller;
(2) A description and the motor vehicle license number of any vehicle used to transport any form of copper, aluminum, brass, lead or other nonferrous metal or steel to the place of purchase;
(3) The time and date of the transaction;
(4) A complete description of the kind, character and weight of the copper, aluminum, brass, lead or other nonferrous metal or steel railroad track and track material purchased; and
(5) A statement whether the copper, aluminum, brass, lead or other nonferrous metal or steel railroad track and track material was purchased, taken as collateral for a loan, or taken on consignment.
(c) The person purchasing the copper, aluminum, brass, lead or other nonferrous metal or steel railroad track and track material shall also require and retain from the seller the following information:
(1) A signed certificate of ownership of the copper, aluminum, brass, lead or other nonferrous metal or steel railroad track and track material being sold or signed authorization from the owner to sell; and
(2) A photocopy of a valid driver's license or identification card issued by the West Virginia Division of Motor Vehicles of the person delivering the copper, aluminum, brass, lead or other nonferrous metal or steel railroad track and track material, or in lieu thereof, any other identification card containing a photograph of the seller as issued by any state or federal agency of the United States:
Provided, That, if the buyer has a copy of the seller's photo identification on file, the buyer may reference the identification that is on file, without making a separate photocopy for each transaction.
(d) A law-enforcement officer may at any time during an investigation require the purchaser of any copper, aluminum, brass, lead or other nonferrous metal or steel railroad track and track material to present such items for inspection, upon demand. A law-enforcement officer may obtain a warrant to take into custody a representative sample of any copper, aluminum, brass, lead or other nonferrous metal or steel railroad track or track material which he or she has probable cause to believe may have been misappropriated, stolen, or taken under false pretenses. Upon the entry of a final determination and order by a court of competent jurisdiction, copper, aluminum, brass, lead or other nonferrous metal or steel railroad track or track material found to have been misappropriated, stolen or taken under false pretenses may be returned to the proper owner of such material.
(e) Any person employed by a public utility or railroad to investigate the theft of utility or railroad property shall be permitted to inspect the purchased copper, aluminum, brass, lead or other nonferrous metal or steel railroad track or track material that is in the possession of the buyer, for the purpose of detecting and identifying stolen utility or railroad property.
(f)
It shall be unlawful for any of the aforementioned persons to purchase any copper, aluminum, brass, lead or other nonferrous metal or steel railroad track and track material without obtaining the certificate of ownership, or authorization from the owner to sell, on the part of the seller information set forth in subsections (b) and (c) of this section. Such record and certificate information shall be available for inspection by any law-enforcement officer or any investigator employed by a public utility or railroad to investigate the theft of public utility or railroad property, and must be maintained by the purchaser for not less than one year after the date of the purchase.
(b) Should the transaction involve one hundred or more pounds of copper, steel railroad track, track material or aluminum in any form, the purchaser of the copper, steel railroad track, track material or aluminum, or his or her agent, shall report in writing to the chief of police of the municipality or the sheriff of the county wherein he or she is transacting business and to the local detachment of the Division of Public Safety all the information obtained. The report must be filed within seventy-two hours after the transaction. The provisions of this subsection do not apply to purchases made at wholesale under contract or as a result of a bidding process. (c) (g) Nothing in this section applies to scrap purchases by manufacturing facilities that melt, or otherwise alter the form of scrap metal and transform it into a new product or to the purchase or transportation of food and beverage containers or other nonindustrial materials having a marginal value per individual unit.
(d)(h) Any person who knowingly or with fraudulent intent violates any provision of this section, including the knowing failure to make a report or the knowing falsification of any required information, is guilty of a misdemeanor and, upon conviction of a first offense thereof, shall be fined not less than five hundred one thousand dollars nor more than two three thousand dollars; upon conviction of a second offense thereof, shall be fined not less than two thousand dollars and not more than four thousand dollars, and any business license held by that person shall be suspended for six months; and upon conviction of a third or subsequent offense thereof, shall be fined not less than three thousand dollars and not more than five thousand dollars, any business licenses held by that person shall be revoked. Any person convicted for a third or subsequent offense under this section and any member of his or her immediate family shall be prohibited from applying for, holding or obtaining any business license which would permit them to own, conduct or operate any business which would involve the purchase of scrap metal or the operation of any salvage yard or recycling facility for a period of two years.
For purposes of this section the term "immediate family" means the spouse, child, step-child, parents, mother-in-law and father-in-law of any person convicted pursuant to this section.
"
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2748 - "A Bill to amend and reenact §61-3-49 of the Code of West Virginia, 1931, as amended; relating to the receipt and transfer of scrap metal; imposing additional reporting and record retention requirements for certain purchasers of copper, aluminum, brass, lead or other nonferrous metal or steel railroad track and track material; clarifying procedure by which law enforcement officers may take custody of materials made of such metals; providing for the inspection of records and materials by investigators employed by public utilities and railroads; providing for the return of such metals under certain conditions; and increasing criminal penalties for violations."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 328), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Frederick and Thompson, Ron.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2748) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2776, Relating to the West Virginia Residential Mortgage Lender, Broker and Services Act.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §31-17-1, §31-17-2 and §31-17-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 17. WEST VIRGINIA RESIDENTIAL MORTGAGE LENDER, BROKER AND SERVICER ACT.

§31-17-1. Definitions and general provisions.
As used in this article:
(1) 'Primary mortgage loan' means a consumer loan made to an individual which is secured, in whole or in part, by a primary mortgage or deed of trust upon any interest in real property used as an owner-occupied residential dwelling with accommodations for not more than four families;
(2) 'Subordinate mortgage loan' means a consumer loan made to an individual which is secured, in whole or in part, by a mortgage or deed of trust upon any interest in real property used as an owner-occupied residential dwelling with accommodations for not more than four families, which property is subject to the lien of one or more prior recorded mortgages or deeds of trust;
(3) 'Person' means an individual, partnership, association, trust, corporation or any other legal entity, or any combination thereof;
(4) 'Lender' means any person who makes or offers to make or accepts or offers to accept or purchases or services any primary or subordinate mortgage loan in the regular course of business. A person is considered to be acting in the regular course of business if he or she makes or accepts, or offers to make or accept, more than five primary or subordinate mortgage loans in any one calendar year;
(5) 'Broker' means any person acting in the regular course of business who, for a fee or commission or other consideration, negotiates or arranges, or who offers to negotiate or arrange, or originates, processes or assigns a primary or subordinate mortgage loan between a lender and a borrower. A person is considered to be acting in the regular course of business if he or she negotiates or arranges, or offers to negotiate or arrange, or originates, processes or assigns any primary or subordinate mortgage loans in any one calendar year; or if he or she seeks to charge a borrower or receive from a borrower money or other valuable consideration in any primary or subordinate mortgage transaction before completing performance of all broker services that he or she has agreed to perform for the borrower;
(6) 'Brokerage fee' means the fee or commission or other consideration charged by a broker or loan originator for the services described in subdivision (5) of this section;
(7) 'Additional charges' means every type of charge arising out of the making or acceptance of a primary or subordinate mortgage loan, except finance charges, including, but not limited to, official fees and taxes, reasonable closing costs and certain documentary charges and insurance premiums and other charges which definition is to be read in conjunction with and permitted by section one hundred nine, article three, chapter forty-six-a of this code;
(8) 'Finance charge' means the sum of all interest and similar charges payable directly or indirectly by the debtor imposed or collected by the lender incident to the extension of credit as coextensive with the definition of 'loan finance charge' set forth in section one hundred two, article one, chapter forty-six-a of this code;
(9) 'Commissioner' means the Commissioner of Banking of this state;
(10) 'Applicant' means a person who has applied for a lender's, broker's or loan originator's license;
(11) 'Licensee' means any person duly licensed by the commissioner under the provisions of this article as a lender, broker or loan originator;
(12) 'Amount financed' means the total of the following items to the extent that payment is deferred:
(a) The cash price of the goods, services or interest in land, less the amount of any down payment, whether made in cash or in property traded in;
(b) The amount actually paid or to be paid by the seller pursuant to an agreement with the buyer to discharge a security interest in or a lien on property traded in; and
(c) If not included in the cash price:
(i) Any applicable sales, use, privilege, excise or documentary stamp taxes;
(ii) Amounts actually paid or to be paid by the seller for registration, certificate of title or license fees; and
(iii) Additional charges permitted by this article;
(13) 'Affiliated' means persons under the same ownership or management control. As to corporations, limited liability companies or partnerships, where common owners manage or control a majority of the stock, membership interests or general partnership interests of one or more such corporations, limited liability companies or partnerships, those persons are considered affiliated. In addition, persons under the ownership or management control of the members of an immediate family shall be considered affiliated. For purposes of this section, 'immediate family' means mother, stepmother, father, stepfather, sister, stepsister, brother, stepbrother, spouse, child and grandchildren;
(14) 'Servicing' or 'servicing a residential mortgage loan' means through any medium or mode of communication the collection or remittance for, or the right or obligation to collect or remit for another lender, note owner or noteholder, payments of principal, interest, including sales finance charges in a consumer credit sale, and escrow items as insurance and taxes for property subject to a residential mortgage loan; and
(15) 'Loan originator' means an individual who, on behalf of a single licensed mortgage broker, under the direct supervision and control of a licensee who is engaged in brokering activity, such mortgage broker and in exchange for compensation by that broker, performs any of the services described in subsection (5) of this section.
§31-17-2. License required for lender, broker or loan originator; exemptions.
(a) No person shall may engage in this state in the business of lender, broker or loan originator unless and until he or she shall first obtain obtains a license to do so from the commissioner, which license remains unexpired, unsuspended and unrevoked, and no foreign corporation shall may engage in business in this state unless it is registered with the secretary of state to transact business in this state.
(b) An entity applying for or holding both a lender and broker license shall license all of its individual loan originators if that entity brokers a majority of its residential mortgage loans.  The determination of whether an entity brokers the majority of its residential mortgage loans is based upon the most recent annual report filed with the division pursuant to section eleven of this article.  A new applicant applying for both a lender license and a broker license shall license all of its loan originators unless the applicant can demonstrate, through data compiled for other state regulators, that it acts as a lender for a majority of its residential mortgage loans made.
(b) (c) Brokerage fees, additional charges and finance charges imposed by licensed mortgage brokers, lenders and loan originators are exempt from the tax imposed by article fifteen, chapter eleven of this code beginning on the first day of January, two thousand four.
(c) (d)The provisions of this article do not apply to loans made by the following:
(1) Federally insured depository institutions;
(2) Regulated consumer lender licensees;
(3) Insurance companies;
(4) Any other lender licensed by and under the regular supervision and examination for consumer compliance of any agency of the federal government;
(5) Any agency or instrumentality of this state, federal, county or municipal government or on behalf of the agency or instrumentality;
(6) By a nonprofit community development organization making mortgage loans to promote home ownership or improvements for the disadvantaged which loans are subject to federal, state, county or municipal government supervision and oversight; or
(7) Habitat for Humanity International, Inc., and its affiliates providing low-income housing within this state.
Loans made subject to this exemption may be assigned, transferred, sold or otherwise securitized to any person and shall remain exempt from the provisions of this article, except as to reporting requirements in the discretion of the commissioner where the person is a licensee under this article. Nothing herein shall prohibit a broker licensed under this article from acting as broker of an exempt loan and receiving compensation as permitted under the provisions of this article.
(d) (e) A person or entity designated in subsection (c) of this section may take assignments of a primary or subordinate mortgage loan from a licensed lender and the assignments of said loans that they themselves could have lawfully made as exempt from the provisions of this article under this section do not make that person or entity subject to the licensing, bonding, reporting or other provisions of this article except as the defense or claim would be preserved pursuant to section one hundred two, article two, chapter forty-six-a of this code.
(e) (f) The placement or sale for securitization of a primary or subordinate mortgage loan into a secondary market by a licensee may not subject the warehouser or final securitization holder or trustee to the provisions of this article: Provided, That the warehouser, final securitization holder or trustee under an arrangement is either a licensee, or person or entity entitled to make exempt loans of that type under this section, or the loan is held with right of recourse to a licensee.
§31-17-11. Records and reports; examination of records; analysis.
(a) Every lender and broker licensee shall maintain at his or her place of business in this state, if any, or if he or she has no place of business in this state at his or her principal place of business outside this state, such books, accounts and records relating to all transactions within this article as are necessary to enable the commissioner to enforce the provisions of this article. All the books, accounts and records shall be preserved, exhibited to the commissioner and kept available as provided herein for the reasonable period of time as the commissioner may by rules require. The commissioner is hereby authorized to prescribe by rules the minimum information to be shown in the books, accounts and records.
(b) Each licensee shall file with the commissioner on or before the fifteenth day of March of each year a report under oath or affirmation concerning his or her business and operations in this state for the preceding license year in the form prescribed by the commissioner.
(c) The commissioner may, at his or her discretion, make or cause to be made an examination of the books, accounts and records of every lender or broker licensee pertaining to primary and subordinate mortgage loans made in this state under the provisions of this article, for the purpose of determining whether each lender and broker licensee is complying with the provisions hereof and for the purpose of verifying each lender or broker licensee's annual report. If the examination is made outside this state, the licensee shall pay the cost thereof in like manner as applicants are required to pay the cost of investigations outside this state.
(d) The commissioner shall publish annually an aggregate analysis of the information furnished in accordance with the provisions of subsection (b) or (c) of this section, but the individual reports shall not be public records and shall not be open to public inspection.
(e) The commissioner may enter into cooperative and information sharing agreements with regulators in other states or with federal authorities to discharge his or her responsibilities under this article."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2776 - "A Bill to amend and reenact §31-17-1, §31-17-2 and §31-17- 11 of the Code of West Virginia, 1931, as amended, all relating to mortgage broker, lender and loan originator licenses; requiring certain licensees to license all loan originators; and permitting the Banking Commissioner to enter into information sharing agreements with other mortgage regulators."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 329), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Frederick and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2776) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 2870, Authorizing the court to order payment into the Domestic Violence Legal
Services Fund under certain circumstances.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 2973, Declaring certain claims against the state to be moral obligations of the state and directing the Auditor to issue warrants for the payment thereof .
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 2988, Relating to the West Virginia Tax Procedure and Administration Act.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 2990, Making technical corrections to assure the proper collection of offset fees.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 3073, Relating to prohibiting financial institutions from establishing or maintaining a branch in West Virginia on, or within one and one-half miles of, the premises or property of an affiliate, under certain circumstances.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page sixteen, section thirteen, line one hundred forty-two, after the word "institution," by inserting the words "banking institution,".
And,
On page sixteen, section thirteen, line one hundred forty-five, by striking out the word "if" and inserting in lieu thereof the words "at which".
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 330), and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Cowles and Lane.
Absent And Not Voting: Frederick and Thompson, Ron.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3073) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 3117, Clarifying that contractors must have a state contractors license in order to submit a bid with the State of West Virginia.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page two, section six, lines one and two, by striking out the words "On or after the first day of October, one thousand nine hundred ninety-one, no" and inserting in lieu thereof the word "No".
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 331), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Frederick and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3117) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 332), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Frederick and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3117) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegate Duke asked and obtained unanimous consent that the remarks of Delegate Armstead regarding his point of order concerning House action on the Senate amendment to Com. Sub. for H. B. 2718, Authorizing West Virginia Lottery Table Games at State Racetracks be printed in the Appendix to the Journal.
Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leave of absence for the day was granted Delegate Ron Thompson.
At 7:12 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, March 8, 2007.