Eighty-second Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House

West Virginia Legislature

JOURNAL

of the

House of Delegates

The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Tim Armstead, Speaker.

Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

The Clerk proceeded to read the Journal of Monday, February 2, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Delegate McCuskey, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 2^nd day of February, 2015, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:

Delegate Gearheart, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:

H. B. 2148, Conforming the motor vehicle law of this state to the requirements of section 1405(a) of the federal Transportation Equity Act for the Twenty-first Century,

And reports the same back, with a title 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 (H. B. 2148) was referred to the Committee on the Judiciary.

Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:

H. B. 2514, Creating a Bureau of Actuarial Services within the office of the Legislative Auditor,

And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.

In accordance with the former direction of the Speaker, the bill (H. B. 2514) was referred to the Committee on Finance.

Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:

H. B. 2280, Board of Dental Examiners, formation and approval of professional limited liability companies,

H. B. 2281, Dental Examiners, formation and approval of dental corporations and dental practice ownership,

And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.

In accordance with the former direction of the Speaker, the bills (H. B. 2280, H. B. 2281 and H. B. 2303) were each referred to the Committee on the Judiciary.

Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:

H. B. 2347, Office of Technology to promulgate a legislative rule relating to the procedures for sanitization, retirement and disposition of information technology equipment,

H. B. 2318, Board of Dental Examiners to promulgate a legislative rule relating to the board,

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 (H. B. 2347 and H. B. 2318) were each referred to the Committee on the Judiciary.

Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

H. B. 2004, Providing a procedure for the development of a state plan under section 111(d) of the Clean Air Act,

Com. Sub. H. B. 2004 - “A bill to amend and reenact §22-5-20 of the Code of West Virginia, 1931, as amended, relating to the development of a state plan under Section 111(d) of the Clean Air Act; setting forth legislative findings; prohibiting submission of a state plan without authority; requiring the Department of Environmental Protection to study the feasibility of a state plan; requiring the Department of Environmental Protection to submit a report to the Legislature determining whether a state plan is feasible; allowing for the development of a proposed state plan; allowing for legislative review and consideration prior to submission of a state plan to the Environmental Protection Agency; and creating exceptions to the legal effect of the state plan,”

Delegate Gearheart, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:

H. B. 2526, Providing for the transfer of ownership, operation and maintenance of certain assets of the West Virginia Parkways Authority to the Division of Highways,

And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.

In accordance with the former direction of the Speaker, the bill (H. B. 2526) was referred to the Committee on Finance.

Delegate Gearheart, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:

H. B. 2495, Relating to the written examination of applicants for a license to operate a motor vehicle,

And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.

In accordance with the former direction of the Speaker, the bill (H. B. 2495) was referred to the Committee on the Judiciary.

Delegate Gearheart, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:

H. C. R. 6, The Army Air Force SGT Everett Wayne “Bud” Sell Memorial Bridge,

H. C. R. 9, The U. S. Air Force Lt. Col. John Richard “Toots” Wilcox Memorial Bridge,

H. C. R. 27, The West Virginia Air National Guard 167th Fighter Squadron Memorial Bridge,

And reports the same back, with amendment, with the recommendation that they each be adopted, as amended, but that they first be referred to the Committee on Rules.

In accordance with the former direction of the Speaker, the resolutions (H. C. R. 4, H. C. R. 6, H. C. R. 9, H. C. R. 19, H. C. R. 21 and H. C. R. 27) were each referred to the Committee on Rules. Delegate Pasdon, Chair of the Committee on Education, submitted the following report, which was received:

H. B. 2151, Making the West Virginia state teacher of the year an ex officio, nonvoting member of the West Virginia Board of Education,

Com. Sub. for H. B. 2151 - “A Bill to amend and reenact §18-2-1 of the Code of West Virginia, 1931, as amended, relating to making the West Virginia State Teacher of the Year an ex officio, nonvoting member of the West Virginia Board of Education; and providing reasonable and necessary expenses therefor.”

Delegate Nelson, Chair of the Committee on Finance, submitted the following report, which was received:

Com. Sub. for H. B. 2008 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2A-6a, relating to an independent audit of the Division of Highways; establishing criteria for selection of the auditor; establishing terms of the audit; and providing for costs associated with the audit,”

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

Com. Sub. for S. B. 6 - “A Bill to repeal §55-7B-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §55-7B-2, §55-7B-7, §55-7B-8, §55-7B-9, §55-7B-9a, §55-7B-9c and §55-7B-11 of said code; and to amend said code by adding thereto two new sections, designated §55-7B-7a and §55-7B-9d, all relating to medical professional liability; adding provisions to control increase in cost of liability insurance and to maintain access to affordable health care services for West Virginians; providing mechanism to increase limitation on civil damages in medical malpractice cases to account for inflation by linking increases to the Consumer Price Index; adding provisions limiting admissibility and use of certain information; and requiring adjustment of verdicts for past medical expenses”; which was referred to the Committee on the Judiciary.

The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2015, and requested the concurrence of the House of Delegates in the passage of

Com. Sub. for S. B. 7 - “A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as amended, relating to required instruction in cardiopulmonary resuscitation (CPR) and first aid in public school health education subjects; adding care for conscious choking first aid instruction; requiring minimum thirty minutes instruction prior to graduation in cardiopulmonary resuscitation and psychomotor skills necessary to perform after certain date; defining ‘psychomotor skills’; requiring CPR instruction be based on program established by American Heart Association or the American Red Cross or other recognized guidelines; authorizing various persons and community members by whom instruction may be given; encouraging such community members to provide training and instructional resources; authorizing school districts to exceed minimum requirements; and requiring authorized CPR/automated external defibrillator instructor for instruction that results in certification being earned”; which was referred to the Committee on Education then Finance.

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 106 - “A Bill to amend and reenact §16-13-18 of the Code of West Virginia, 1931, as amended, relating to supervision of works by a sanitary board; and providing that if a professional engineer is under contract for a project, an engineer is not required to serve on the sanitary board”; which was referred to the Committee on Political Subdivisions then Government Organization.

The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

Com. Sub. for S. B. 335 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-46-1, §16-46-2, §16-46-3, §16-46-4, §16-46-5 and §16-46-6; and to amend and reenact §30-1-7a of said code, all relating generally to accessing and administering opioid antagonists in overdose situations; establishing short title; defining terms; establishing objectives and purpose; allowing licensed health care providers to prescribe opioid antagonist to initial responders and certain individuals; allowing initial responders to possess and administer opioid antagonists; providing for limited liability for initial responders; providing for limited liability for licensed health care providers who prescribe opioid antagonist in accordance with this article; providing for limited liability for anyone who possesses and administers an opioid antagonist; establishing responsibility of licensed health care providers to provide educational materials on overdose prevention and administration of opioid antagonist; providing for data collection and reporting; providing for training requirements; and providing for rule-making authority”; to the Committee on the Judiciary.

Delegates Ambler and Canterbury offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 37 - “Requesting the Division of Highways to name bridge number 13-64-179.36 EB and WB (13A165, 13A166) locally known as Mountain Avenue Bridge, carrying Interstate 64 over Tuckahoe Run and CR50 in Greenbrier County, the ‘U.S. Army PV2 Eskridge A. Waggoner Memorial Bridge’.”

Whereas, Eskridge Allen Waggoner was born on June 2, 1910, in Alvon, Greenbrier County, the oldest son of the late Lloyd M. and Minnie Boggs Waggoner; and

Whereas, Eskridge A. Waggoner attended the Hull School until eighth grade and helped on the family farm; and

Whereas, Following the death of his wife, Edna Coulter Waggoner, Eskridge A. Waggoner enlisted in the U.S. Army on February 20, 1942, at Fort Thomas, Newport, Kentucky; and

Whereas, Private Eskridge A. Waggoner was a scout for his company when it assaulted the Salerno Beach Head in Italy on September 9, 1943. Against intense artillery and machine gun fire from the well entrenched enemy positions, Private Waggoner moved inland from the shore advancing toward the assigned objective when he spotted several enemy machine gun nests. Knowing that his comrades must be warned of the exact location of the guns and aware that by doing so he would give his own location to the enemy and expose himself to their fire, Private Waggoner deliberately opened fire with tracer bullets, thereby marking the danger spots for his fellow soldiers; and

Whereas, During this action, Private Eskridge A. Waggoner was killed by an enemy sniper; and

Whereas, The valiant sacrifice of Private Eskridge A. Waggoner gave his company time to consolidate and move against the enemy with concerted action and helped save the lives of many American soldiers and contributed greatly to the success of the invasion; and

Whereas, Private Eskridge A. Waggoner was posthumously awarded the Silver Star on October 23, 1944, for his gallant action; and

Whereas, It is fitting and proper that U.S. Army Private Eskridge A. Waggoner be remembered and acknowledged for his courageous action and dedicated service to his country; therefore, be it

That the Division of Highways is hereby requested to name bridge number 13-64-179.36 EB and WB (13A165, 13A166) locally known as Mountain Avenue Bridge, carrying Interstate 64 over Tuckahoe Run and CR50 in Greenbrier County, the “U.S. Army PV2 Eskridge A. Waggoner Memorial Bridge”; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “U.S. Army PV2 Eskridge A. Waggoner Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and to the surviving family of Private Eskridge A. Waggoner.

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:

By Delegates Sobonya, Arvon, Kessinger, Rowan, Summers, Border, Blair, Espinosa, Waxman, Moye and Eldridge:

H. B. 2568 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2M-1, §16-2M-2, §16-2M-3, §16-2M-4, §16-2M-5, §16-2M-6 and §16-2M-7, all relating to prohibiting certain abortions; stating legislative findings; defining terms; requiring a calculation of gestational age before an abortion is performed or attempted, except in certain cases; prohibiting abortions when the gestational age of the fetus reaches pain capable gestational age; creating certain exceptions to that prohibition; requiring a physician performing an abortion of a fetus that has reached pain capable gestational age to use the process most likely to allow the fetus to survive, with certain exceptions; requiring reporting of all completed abortions and that the reports contain certain information regarding the abortion; requiring an annual public report that provides statistics of the abortions while keeping the identities of the persons involved confidential; deeming violations by physicians and other licensed medical practitioners to be a breach of the standard of care and outside the scope of practice that is permitted by law; allowing for loss of license to practice for violation; constituting violations for nonphysician and nonlicensed medical practitioners as unauthorized practice of medicine and subject to criminal penalties; preserving existing legal remedies for violations; and clarifying that no penalty may be assessed against a patient; and making provisions severable”; to the Committee on Health and Human Resources then the Judiciary.

H. B. 2569 - “A Bill to amend and reenact §17A-6-2a of the Code of West Virginia, 1931, as amended, relating to the Dealer Recovery Program; specifying that the Dealer Recovery Fund Control Board has discretionary jurisdiction to hear claims; and providing the types of claims for damages that may be awarded from the Dealer Recovery Fund”; to the Committee on Roads and Transportation then Finance.

H. B. 2570 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13C-17; and to amend said code by adding thereto a new section, designated §11-24-9d, all relating to a tax deduction allowed for capital expenditures from the corporate net income tax”; to the Committee on Finance.

H. B. 2571 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2A-8d, relating to roads and highways; the West Virginia Commissioner of Highways; and authorizing the creation of a fund for pothole repair contributed to by private businesses or entities; and providing for recognition of the contribution of the private businesses or entities at the site of repair”; to the Committee on Roads and Transportation then Finance.

H. B. 2572 - “A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended, relating to allowing county boards of education with low density student populations to operate their schools on a four-day school week”; to the Committee on Education then Finance.

By Delegates Ireland, Longstreth, Overington, Espinosa, Sobonya, Butler, Perry, Zatezalo, Border and Hamilton:

H. B. 2573 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §2-2-13, relating to establishing the English language to be the official language of the state; requiring all state activities and records to be in English; defining a term and providing exceptions”; to the Committee on the Judiciary.

By Delegates Ashley, Hanshaw, Anderson, Storch, Westfall, Zatezalo, Ireland, Miley, Williams, Boggs and L. Phillips:

H. B. 2574 - “A Bill to repeal §22-31-2, §22-31-3, §22-31-4, §22-31-5, §22-31-6, §22-31-7, §22-31-8, §22-31-9, §22-31-10 and §22-31-11 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-30-2, §22-30-3, §22-30-4, §22-30-5, §22-30-6, §22-30-7, §22-30-8, §22-30-9, §22-30-10, §22-30-11, §22-30-12, §22-30-13, §22-30-14, §22-30-15, §22-30-16, §22-30-17, §22-30-18, §22-30-19, §22-30-21, §22-30-22, §22-30-24 and §22-30-25; to amend said code by adding thereto two new sections, designated §22-30-26 and §22-30-27; and to amend and reenact §22-31-12; all relating to the protection of water resources and public health generally; amending the Aboveground Storage Tank Act; defining terms, requiring the secretary to compile inventory of aboveground storage tanks in the state; requiring registration; authorizing certain fees; requiring secretary to develop regulatory program for the tanks; providing factors to be considered in a program; requiring inspection and certification of the tanks; requiring evidence of financial responsibility; requiring corrective action and plans; requiring spill prevention response plans; requiring notice of type and quantity of fluids stored in tanks to local water utilities and governments; requiring the posting of signs at or near the tanks; creating an administrative fund; creating the Protect Our Water Fund; authorizing public access to certain information; authorizing inspections, monitoring and testing by secretary; authorizing secretary to issue administrative orders and seek injunctive relief; providing for civil and criminal penalties; allowing appeals to Environmental Quality Board; prohibiting duplicative enforcement; requiring secretary to report to legislative entities; requiring interagency coordination; establishing duties of secretary upon imminent and substantial danger; providing additional duties and powers of secretary generally; providing for waiver of certain requirements; authorizing the secretary to require individual NPDES permits; authorizing the secretary to inventory potential sources of significant contamination; renumbering §22-31-12 of the Public Water Supply Protection Act concerning the public water system supply study commission; membership of study commission; scope of study; establishing reporting requirements; requiring the establishment of advance warning, testing and monitoring at certain water utilities; requiring certain information be filed with the Public Water Commission; and requiring utility to report back to Legislature if technology is infeasible”; to the Committee on the Judiciary.

H. B. 2575 - “A Bill to amend and reenact §19-23-12b and §19-23-13b of the Code of West Virginia, 1931, as amended, all relating to approvals of televised racing days and simulcast contracts by Horsemen’s Benevolent and Protective Association; reducing racing days; providing additional reason for reduction in live racing dates; relating to notification of mutual clerks and Horsemen’s Benevolent and Protective Association of request to reduce racing dates; revising commission procedures for determining reduction in live racing dates at special meeting; and eliminating certain restrictions on moneys placed in purse fund”; to the Committee on the Judiciary then Finance.

By Delegates Howell, Hartman, Ferro, Kessinger, Cadle, Arvon, Moffatt, McGeehan, Zatezalo, Faircloth and R. Smith:

H. B. 2576 - “A Bill to amend and reenact §5F-2-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto twelve new sections, designated §5F-2-1a, §5F-2-1b, §5F-2-1c, §5F-2-1d, §5F-2-1e, §5F-2-1f, §5F-2-1g, §5F-2-1h, §5F-2-1i, §5F-2-1j, §5F-2-1k and §5F-2-1l, all relating to the reorganization of certain code provisions that organize the executive branch of state government”; to the Committee on Government Organization.

H. B. 2577 - “A Bill to amend and reenact §18-5-13 of the Code of West Virginia, 1931, as amended, relating to consolidating purchasing by county boards of education through the regional education service agency serving their areas”; to the Committee on Education then Finance.

H. B. 2578 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-42z, relating to creating a hunting license permitting crossbow hunting”; to the Committee on Agriculture and Natural Resources then Finance.

H. B. 2579 - “A Bill to amend and reenact §18-30-2 and §18-30-9 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia College Prepaid Tuition and Savings Program Act; and allowing a tax deduction for all prepaid tuition contracts or college savings plans regardless of whether they are administered by the board of the college prepaid tuition and savings program”; to the Committee on Education then Finance.

H. B. 2580 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-1-1b, relating to taxation; creating the Economic Fairness Act of 2015; and requiring the Tax Commissioner to refund to the five counties with the highest unemployment, twenty percent of the personal income tax collected”; to the Committee on Small Business, Entrepreneurship and Economic Development then Finance.

H. B. 2200, Revising, rearranging, consolidating and recodifying the laws of the State of West Virginia relating to child welfare; 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. 23), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2200) passed.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

Second ReadingCom. Sub. for S. B. 13, Reinstating open and obvious doctrine for premises liability; on second reading, coming up in regular order, was read a second time.

Delegate P. Smith requested to be excused from voting on questions related to Com. Sub. S. B. 13 under the provisions of House Rule 49.

The Speaker replied that Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Lady from voting.

An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, section twenty-seven, line seven, after the word “dangers”, by changing the period to a comma and inserting “except when such dangerous condition constituted a violation of an applicable statute or ordinance intended for the protection of public safety and such violation was a direct and proximate cause of such injured person’s injuries.”

Com. Sub. for H. B. 2010, Requiring the elections of justices of the West Virginia Supreme Court of Appeals, circuit court judges, family court judges and magistrates be nonpartisan and by division; on second reading, coming up in regular order, was read a second time.

Delegate Manchin moved to amend the bill on page fifty-eight, line ninety, following the period, by inserting the following:

“ARTICLE 12A. WEST VIRGINIA CIRCUIT JUDGES ELECTIONS PUBLIC CAMPAIGN FINANCING PROGRAM.

This article is known as the ‘West Virginia Circuit Judges Elections Public Campaign Financing Program’.

(1) Current campaign finance laws permit candidates to spend unlimited amounts of money raised from private sources;

(2) Current campaign finance laws permit certain independent parties to raise and spend unlimited amounts of money to influence the outcome of elections;

(3) Over the last decade, fundraising and campaign expenditures in elections for judicial offices has dramatically increased in West Virginia;

(4) As spending by candidates and independent parties increases, so does the perception that contributors and interested third parties hold too much influence over the judicial process;

(5) The detrimental effects of spending large amounts by candidates and independent parties are especially problematic in judicial elections because impartiality is uniquely important to the integrity and credibility of courts.

As used in this article, the following terms and phrases have the following meanings:

(A) Has filed a certificate of announcement under section seven, article five of this chapter to be elected as a circuit court judge;

(B) Has filed a declaration of candidacy under section twenty-three, article five of this chapter;

(D) Has declared a write-in candidacy or otherwise publicly declared his or her intention to seek nomination or election for any state, district, county or municipal office or party office to be filled at any election.

(2) ‘Candidate’s committee’ means a political committee established with the approval of or in cooperation with a candidate or a prospective candidate to explore the possibilities of seeking a particular office or to support or aid his or her nomination or election to an office in an election cycle. If a candidate directs or influences the activities of more than one active committee in a current campaign, those committees shall be considered one committee for the purpose of contribution limits.

(3) ‘Certified candidate’ means an individual seeking election to circuit judge who has been certified in accordance with section ten of this article as having met all of the requirements for receiving public campaign financing from the fund.

(4) ‘Contribution’ means a gift subscription, assessment, payment for services, dues, advance, donation, pledge, contract, agreement, forbearance or promise of money or other tangible thing of value, whether conditional or legally enforceable, or a transfer of money or other tangible thing of value to a person, made for the purpose of influencing the nomination, election or defeat of a candidate. An offer or tender of a contribution is not a contribution if expressly and unconditionally rejected or returned. A contribution does not include volunteer personal services provided without compensation: Provided, That a nonmonetary contribution is to be considered at fair market value for reporting requirements and contribution limitations.

(5) ‘Exploratory contribution’ means a maximum contribution made by an individual adult, including a participating candidate and members of his or her immediate family, during the exploratory period but prior to filing the declaration of intent for the office of circuit court judge up to $2,500.00;

(6) ‘Exploratory period’ means the period during which a participating candidate may raise and spend exploratory contributions to examine his or her chances of election and to qualify for public campaign financing under this article. The exploratory period begins on June 1 the year before the election in which the candidate may run for circuit court judge and ends on the last Saturday in June of the election year.

(7) ‘Financial agent’ means any individual acting for and by himself or herself, or any two or more individuals acting together or cooperating in a financial way to aid or take part in the nomination or election of any candidate for public office, or to aid or promote the success or defeat of any political party at any election.

(8) ‘Fund’ means the Circuit Court Judge Public Campaign Financing Fund created by section five of this article.

(9) ‘Immediate family’ or ‘immediate family members’ means the spouse, parents, step-parents, siblings and children of the participating candidate.

(B) Is neither certified nor attempting to be certified to receive public campaign financing from the fund; and

(11) ‘Participating candidate’ means a candidate who is seeking election to circuit court judge and is attempting to be certified in accordance with section ten of this article to receive public campaign financing from the fund.

(12) ‘Person’ means an individual, partnership, committee, association and any other organization or group of individuals.

(13) ‘Qualifying contribution’ means a contribution received from a West Virginia registered voter of not less than $1 nor more than $100 in the form of cash, check or money order, made payable to a participating candidate or the candidate’s committee, or in the form of an electronic payment or debit or credit card payment, received during the qualifying period.

(14) ‘Qualifying period’ means the period during which participating candidates may raise and spend qualifying contributions in order to qualify to receive public campaign financing. For candidates for circuit court judge seeking to be placed on the election ballot, the qualifying period begins on June 1 of the election year and ends on October 1 of the election year.

This article establishes an alternative public campaign financing option available to candidates for election to circuit court judge offices in West Virginia. Candidates electing the alternative public campaign financing option shall comply with all other applicable election and campaign laws and rules.

There is established within the State Treasury a special revenue fund to be known as the ‘Circuit Court Judge Public Campaign Financing Fund’ for the dual purpose of providing public financing for the election campaigns of certified candidates under the provisions of this article and of paying the administrative and enforcement costs of the Secretary of State and State Election Commission related to this article. All moneys collected under the provisions of this article shall be deposited in the fund, which shall be administered by the State Election Commission. Funds may also be accepted from any gift, grant, bequest, endowment fund or donation which may be received by the State Election Commission from any person, firm, foundation or corporation. Any balance, including accrued interest or other earnings in the fund at the end of any fiscal year do not revert to the General Revenue Fund, but shall remain in the fund. Expenditures may be made from the fund only for the purposes set forth in this article and in accordance with the provisions of article three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter eleven-b of this code.

(1) All exploratory and qualifying contributions in excess of the established maximums.

(2) Money returned by participating or certified candidates who fail to comply with the provisions of this article.

(3) Unspent or unobligated moneys allotted to certified candidates and remaining unspent or unobligated on the date of the election for which the money was distributed.

(4) If a certified candidate loses, all remaining unspent or unobligated moneys after the election.

(5) Civil penalties levied by the State Election Commission against candidates for violations of this article.

(6) Civil penalties levied by the Secretary of State pursuant to section seven, article eight of this chapter.

(9) Each West Virginia state personal income tax taxpayer may voluntarily contribute a portion of the taxpayer’s state income tax refund, up to $6,000, for deposit into the fund through a check-off designation on the state personal income tax return form. If a husband and wife file a joint return, each spouse may designate up to $6,000 for deposit into the fund. All amounts so designated shall be deducted from the taxpayers’ income tax refund and credited to the fund. The State Tax Commissioner shall determine by July 1 of each year the total amount designated pursuant to this subsection and shall report that amount to the State Treasurer, who shall credit that amount to the fund.

(10) On or before July 1, 2015, and for two successive years thereafter, the unclaimed property administrator of the State Treasurer’s Office shall transfer the amount of $1 million from the Unclaimed Property Trust Fund to the fund created by this article.

(12) Beginning in fiscal year 2015-2016, the West Virginia State Bar shall assess every attorney licensed to practice law in West Virginia a fee for the fair administration of justice to be

All fees obligated to the fund shall be collected by the West Virginia State Bar and transmitted to the State Treasurer to be deposited in the fund.

(13) There is assessed a fair administration of justice fee of $100 on each appeal and petition filed in the Supreme Court of Appeals in a civil case, except domestic relations actions,

instituted on and after the effective date of this article. No fee may be charged on any appeal or petition filed in forma pauperis.

The Clerk of the Supreme Court of Appeals shall collect the fee at the time any such appeal or petition is filed and shall remit the fees collected each month to the State Treasurer to be deposited in the fund.

(14) There is assessed a fair administration of justice fee of $20 on each civil action filed in circuit court, except class actions and domestic relations actions, instituted under the rules of civil procedure, any statutory summary proceeding, any extraordinary remedy filed, and the docketing of civil appeals to circuit court or any other action, cause, suit or proceeding instituted in circuit court on and after the effective date of this article. No fee may be charged on any such action filed in forma pauperis. The clerk of the circuit court shall collect the fee at the time any such action is filed and shall remit the fees collected each month to the State Treasurer to be deposited in the fund.

(15) There is assessed a fair administration of justice fee of $20 on each party in a class action lawsuit filed in circuit court at the time the case is settled or judgment rendered. No fee may be charged on any such action filed in forma pauperis. The fee shall be paid to the clerk of the circuit court at the time of settlement or when judgment is rendered. Where judgement is rendered the fee shall be collected from the nonprevailing party. the clerk shall remit the fees collected each month to the State Treasurer to be deposited in the fund.

A candidate desiring to receive campaign financing from the fund shall first file a declaration of intent before the end of the qualifying period and prior to collecting any qualifying contributions. The declaration shall be on a form prescribed by the State Election Commission and shall contain a statement that the candidate is qualified to be placed on the ballot, and, if elected, to hold the office sought and has complied with and will continue to comply with all requirements of this article, including contribution and expenditure restrictions. A candidate may not collect exploratory contributions after filing the declaration of intent. Contributions made prior to the filing of the declaration of intent are not qualifying contributions. Any contributions received by a candidate during any precandidacy period which preceded the exploratory period which remain unexpended at the time of the declaration of intent shall be considered exploratory funds and subject to the limits and provisions of section eight of this article.

(a) A participating candidate or his or her committee may not accept, spend or obligate exploratory contributions exceeding the amount established for each office pursuant to section of this article, in the aggregate, during the exploratory period. At the time the participating candidate formally declares his or her intent to qualify for public campaign financing, in accordance with section five of this article, any unexpended or undedicated contributions received during any precandidacy period which preceded the exploratory period shall be deemed to be exploratory contributions for that candidate. The maximum individual exploratory contribution which may be accepted from any person including immediate family members is $1,000. A participating candidate may loan, contribute or obligate up to $1,000 of his or her own money for exploratory purposes. Any exploratory contributions received by the participating candidate in excess of the amount as established by section three of this article in the aggregate shall be sent to the Election Commission for deposit in the fund.

(b) Each exploratory contribution shall be acknowledged by a written receipt. Receipts for exploratory contributions of $250 or more during an election cycle shall include the contributor’s name, residence and mailing address, business affiliation and occupation. Receipts for exploratory contributions of less than $250 shall include the contributor’s name and the amount of the contribution, and otherwise comport with the disclosure and reporting requirements of section five-a, article eight of this chapter.

(d) At the beginning of each month a participating or certified candidate or his or her financial agent shall report all exploratory contributions, expenditures and obligations along with all receipts for contributions received during the prior month to the Secretary of State. Such reports shall be filed electronically: Provided, That a committee may apply for an exemption in case of hardship pursuant to subsection (c) of section five-b, article eight of this chapter. If the candidate decides not to run for office all unspent or unobligated exploratory contributions shall be sent to the State Election Commission for deposit in the fund. If the candidate decides to run for office as a nonparticipating candidate the unspent or unobligated exploratory contributions shall be used in accordance with articles eight and twelve of this chapter.

(a) A participating candidate or his or her candidate’s committee may not accept more than one qualifying contribution from a single individual. A qualifying contribution may not be less than $1 nor more than $100. To be considered as a proper qualifying contribution, the qualifying contribution must be made by a registered West Virginia voter. A participating candidate shall collect qualifying contributions which meet the aggregate of, not less than $2,500.00 nor more than $7,500.00.

Qualifying contributions in excess of the established maximums shall be sent to the State Election Commission for deposit in the fund.

(b) Each qualifying contribution shall be acknowledged by a written receipt that includes:

(1) The printed name of the participating candidate on whose behalf the contribution is made and the signature of the person who collected the contribution for the candidate or his or her candidate’s committee;

(2) For qualifying contributions of $25 or more, the contributor’s signature, printed name, street address, zip code, telephone number, occupation and name of employer; and for qualifying contributions of less than $25, the contributor’s signature, printed name, street address and zip code;

(A) The contributor understands the purpose of the contribution is to assist the participating candidate in obtaining public campaign financing;

(4) One copy of the receipt shall be given to the contributor, one copy shall be retained by the candidate and one copy shall be sent by the candidate to the Secretary of State. A contribution which is not acknowledged by a written receipt in the form required by this subsection is not a qualifying contribution.

(c) During the qualifying period, a participating candidate or his or her candidate’s committee must obtain at least five hundred qualifying contributions from registered West Virginia voters. A minimum of ten percent of the total number of qualifying contributions received by the candidate must be from each of the state’s congressional districts.

(d) A participating candidate and each member of the candidate’s immediate family who is a registered voter in this state may each make one qualifying contribution. A participating candidate may not use any other personal funds to satisfy the qualifying contributions requirements.

(e) A participating candidate may not reimburse, give or promise anything of value in exchange for a qualifying contribution.

(f) At the beginning of each month, a participating or certified candidate or his or her financial agent or committee shall report all qualifying contributions, expenditures and obligations along with all receipts for contributions received during the prior month to the Secretary of State. Such reports shall be filed electronically: Provided, That a committee may apply for an exemption in case of hardship pursuant to subsection (c) of section five-b, article eight of this chapter. If the candidate decides not to run for office, all unspent or unobligated qualifying contributions shall be sent to the State Election Commission for deposit in the fund. If the candidate decides to run for office as a nonparticipating candidate, the unspent or unobligated qualifying contributions shall be used in accordance with articles eight and twelve of this chapter.

(g) All qualifying contributions collected and all expenditures by a participating candidate or his or her committee shall be reported to the Secretary of State no later than two business days after the close of the qualifying period.

(h) (1) Individuals are limited to not more than one $100 contribution during the qualifying period.

(2) An individual may not contribute more than $1,000 in the aggregate in exploratory and qualifying contributions.

(3) All contributions to candidates participating in the Circuit Judges Election Public Campaign Financing Program shall be collected by the candidates’s designated financial agent.

(a) To be certified, a participating candidate shall apply to the State Election Commission for public campaign financing from the fund and file a sworn statement that he or she has complied and will comply with all requirements of this article throughout the applicable campaign.

(b) Upon receipt of a notice from the Secretary of State that a participating candidate has received the required number and amount of qualifying contributions, the State Election Commission shall determine whether the candidate or candidate’s committee:

(1) Has signed and filed a declaration of intent as required by section seven of this article;

(2) Has obtained the required number and amount of qualifying contributions as required by section nine of this article;

(4) Is eligible, as provided in section nine, article five of this chapter, to appear on the election ballot; and

(c) The State Election Commission shall process applications in the order they are received and shall verify a participating candidate’s compliance with the requirements of subsection (b) of this section by using the verification and sampling techniques approved by the State Election Commission.

(d) The State Election Commission shall determine whether to certify a participating candidate as eligible to receive public campaign financing no later than three business days after the candidate or the candidate’s committee makes his or her final report of qualifying contributions or, if a challenge is filed under subsection (g) of this section, no later than six business days after the candidate or the candidate’s committee makes his or her final report of qualifying contributions. A certified candidate shall comply with this article through the election campaign period.

(e) No later than two business days after the State Election Commission certifies that a participating candidate is eligible to receive public campaign financing under this section, the State Election Commission, acting in concert with the State Auditor’s office and the State Treasurer’s office, shall cause a check to be issued to the candidate’s campaign depository account an amount equal to the public campaign financing benefit for which the candidate qualifies under section eleven of this article, minus the candidate’s qualifying contributions, and shall notify all other candidates for the same office of its determination.

(f) If the candidate desires to receive public financing benefits by electronic transfer, the candidate shall include in his or her application sufficient information and authorization for the State Treasurer to transfer payments to his or her campaign depository account.

(g) Any person may challenge the validity of any contribution listed by a participating candidate by filing a written challenge with the State Election Commission setting forth any reason why the contribution should not be accepted as a qualifying contribution. If a contribution is challenged under this subsection, the State Election Commission shall decide the validity of the challenge no later than the end of the next business day after the day that the challenge is filed, unless the State Election Commission determines that the candidate whose contribution is challenged has both a sufficient qualifying number and amount of qualifying contributions to be certified as a candidate under this section without considering the challenge. Within five business days of a challenge, the candidate or candidate’s committee who listed any contribution that is the subject of a challenge may file a report with the State Election Commission of an additional contribution collected pursuant to section nine of this article for consideration as a qualifying contribution.

(h) A candidate’s certification and receipt of public campaign financing may be revoked by the State Election Commission, if the candidate violates this article. A certified candidate who violates this article shall repay all moneys received from the fund to the State Election Commission.

(i) The determination of any issue before the State Election Commission is the final administrative determination. Any meetings conducted by the State Elections Commission to certify a candidate’s eligibility to receive funds under this article shall not be subject the public notice and open meeting requirements of article nine-a, chapter six of this code, but the commission shall concurrently provide public notice of any decision and determination it makes which impacts the candidate’s eligibility to receive funds pursuant to this article. Any person adversely affected by a decision of the State Election Commission under this article may appeal that decision to the circuit court of Kanawha County.

(j) A candidate may withdraw from being a certified candidate and become a nonparticipating candidate at any time with the approval of the State Election Commission. Any candidate seeking to withdraw shall file a written request with the State Election Commission, which shall consider requests on a case-by-case basis. No certified candidate may withdraw until he or she has repaid all moneys received from the fund: Provided, That the State Election Commission may, in exceptional circumstances, waive the repayment requirement. The State Election Commission may assess a penalty not to exceed $10,000 against any candidate who withdraws without approval.

§3-12A-11. Schedule and amount of Circuit Court Judge Elections Public Campaign Financing Fund payments.

(a) The State Election Commission, acting in concert with the State Auditor’s office and the State Treasurer’s office, shall have a check issued within two business days after the date on which the candidate is certified, to make payments from the fund for the campaign period available to a certified candidate as follows:

(1) A certified candidate for the Office of the Office of Circuit Court Judge shall receive from the fund:

(c) The State Election Commission shall authorize the distribution of campaign financing moneys to certified candidates in equal amounts. The commission shall propose a legislative rule on distribution of funds.

(d) The State Election Commission may not authorize or direct the distribution of moneys to certified candidates in excess of the total amount of money deposited in the fund pursuant to section six of this article. If the commission determines that the money in the fund is insufficient to totally fund all certified candidates, the commission shall authorize the distribution of the remaining money proportionally, according to each candidate’s eligibility for funding. Each candidate may raise additional money in the same manner as a nonparticipating candidate for the same office up to the unfunded amount of the candidate’s eligible funding.

(a) A certified candidate or his or her committee may not accept loans or contributions from any private source, including the personal funds of the candidate and the candidate’s immediate family, during the election campaign periods except as permitted by this article.

(b) After filing the declaration of intent and during the qualifying period, a participating candidate may not spend or obligate more than he or she has collected in exploratory and qualifying contributions. After the qualifying period and through the election campaign period, a certified candidate may spend or obligate any unspent exploratory or qualifying contributions and the moneys he or she receives from the fund under the provisions of section eleven of this article.

(c) A participating or certified candidate may expend exploratory and qualifying contributions and funds received from the fund only for lawful election expenses as provided in section nine, article eight of this chapter. Moneys distributed to a certified candidate from the fund may be expended only during the election campaign period for which funds were dispersed. Money from the fund may not be used:

(d) A certified candidate or his or her committee shall return to the fund any unspent and unobligated exploratory contributions, qualifying contributions or moneys received from the fund within forty-eight hours after:

(2) The date on which the individual loses the election or otherwise ceases to be a candidate.

(e) A certified candidate or his or her committee shall return to the fund any unspent or unobligated public campaign financing funds no later than five business days after the election.

(f) A contribution from one person may not be made in the name of another person.

(g) A participating or certified candidate or his or her committee receiving qualifying contributions or exploratory contributions from a person not listed on the receipt required by sections eight and nine of this article is liable to the State Election Commission for the entire amount of that contribution and any applicable penalties.

(h) A certified candidate accepting any benefits under the provisions of this article shall continue to comply with all of its provisions throughout the election campaign period.

(i) A participating or certified candidate or his or her financial agent shall provide the Secretary of State with all requested campaign records, including all records of exploratory and qualifying contributions received and campaign expenditures and obligations, and shall fully cooperate with any audit of campaign finances requested or authorized by the State Election Commission.

(a) Participating candidates and certified candidates shall comply with this section in addition to any other reporting required by this chapter.

(b) During the exploratory and qualifying periods, a participating candidate or his or her financial agent shall submit, on the first of each month, a report of all exploratory and qualifying contributions along with their receipts and an accounting of all expenditures and obligations received during the immediately preceding month. The reports shall be on forms or in a format prescribed by the Secretary of State. Such reports shall be filed electronically: Provided, That a committee may apply for an exemption, in case of hardship, pursuant to subsection (c) of section five-b, article eight of this chapter.

(c) No later than two business days after the close of the qualifying period, a participating candidate or his or her financial agent shall report to the Secretary of State on appropriate forms a summary of:

(1) All exploratory contributions received and funds expended or obligated during the exploratory period together with copies of any receipts not previously submitted for exploratory contributions; and

(2) All qualifying contributions received and funds expended or obligated during the qualifying period together with copies of any receipts not previously submitted for qualifying contributions.

(d) A certified candidate or his or her financial agent shall file periodic financial statements in accordance with section five, article eight of this chapter, detailing all funds received, expended or obligated during the specified periods. The reports shall be on forms approved by the Secretary of State.

(a) In addition to its other duties, the State Election Commission shall carry out the duties of this article and complete the following as applicable:

(1) Prescribe forms for reports, statements, notices and other documents required by this article;

(2) Make an annual report to the Legislature accounting for moneys in the fund, describing the State Election Commission’s activities and listing any recommendations for changes of law, administration or funding amounts;

(3) Propose emergency and legislative rules for legislative approval, in accordance with article three, chapter twenty-nine-a of this code, as may be necessary for the proper administration of this article;

(4) Enforce this article to ensure that moneys from the fund are placed in candidate campaign accounts and spent as specified in this article;

(5) Monitor reports filed pursuant to this article and the financial records of candidates to ensure that qualified candidates receive funds promptly and to ensure that moneys required by this article to be paid to the fund are deposited in the fund;

(6) Cause an audit of the fund to be conducted by independent certified public accountants ninety days after an election. The State Election Commission shall cooperate with the audit, provide all necessary documentation and financial records to the auditor and maintain a record of all information supplied by the audit;

(7) In consultation with the State Treasurer and the State Auditor, develop a rapid, reliable method of conveying funds to certified candidates. In all cases, the commission shall distribute funds to certified candidates in a manner that is expeditious, ensures accountability and safeguards the integrity of the fund;

(8) Regularly monitor the receipts, disbursements, obligations and balance in the fund to determine whether the fund will have sufficient moneys to meet its obligations and sufficient moneys available for disbursement during the election campaign period; and

(9) Transfer a portion of moneys maintained in the fund to the West Virginia Investment Management Board for their supervised investment, after consultation with the State Treasurer, the State Auditor and the West Virginia Investment Management Board.

(b) In addition to his or her other duties, the Secretary of State shall carry out the duties of this article and complete the following as applicable:

(1) Prescribe forms for reports, statements, notices and other documents required by this article;

(2) Prepare and publish information about this article and provide it to potential candidates and citizens of this state;

(3) Prepare and publish instructions setting forth methods of bookkeeping and preservation of records to facilitate compliance with this article and to explain the duties of candidates and others participating in elections under this article;

(4) Propose emergency and legislative rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code as may be necessary for the proper administration of this article;

(5) Enforce this article to ensure that moneys from the fund are placed in candidate campaign accounts and spent as specified in this article;

(6) Monitor reports filed pursuant to this article and the financial records of candidates to ensure that qualified candidates receive funds promptly and to ensure that moneys required by this article to be paid to the fund are deposited in the fund;

(7) Ensure public access to the campaign finance reports required pursuant to this article, and whenever possible, use electronic means for the reporting, storing and display of the information; and

(8) Prepare a voters’ guide for the public listing the names of each candidate seeking election as a circuit court judge. Both certified and nonparticipating candidates shall be invited by the State Election Commission to submit a statement, not to exceed five hundred words in length, for inclusion in the guide. The guide shall identify the candidates that are certified candidates and the candidates that are nonparticipating candidates. Copies of the guide shall be posted on the website of the Secretary of State, as soon as may be practical.

(c) To fulfill their responsibilities under this article, the State Election Commission and the Secretary of State may subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and require, by subpoena, the production of any books, papers, records or other items material to the performance of their duties or the exercise of their powers.

(d) The State Election Commission may also propose and adopt procedural rules to carry out the purposes and provisions of this article and to govern procedures of the State Election Commission as it relates to the requirements of this article.