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 Saturday, March 7, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

At 11:16 a.m., the Clerk announced availability in his office of the report of the Committee of Conference on H. B. 2213, Reducing the distributions to the West Virginia Infrastructure Fund.

Delegate Pasdon, Chair of the Committee on Education, submitted the following report, which was received:

And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.

In the absence of objection, reference of the bill (S. B. 287) to the Committee on Finance was abrogated.

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

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

In accordance with the former direction of the Speaker, the bill (S. B. 479) was referred to the Committee on Finance.

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

And reports the same back, with amendment, with the recommendation that it do pass, as amended.

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

And reports the same back, with amendment, with the recommendation that it do pass, as amended.

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

S. B. 430, Permitting mutual orders enjoining certain contact between parties to domestic relations actions,

And reports the same back, with amendment, with the recommendation that it do pass, as amended.

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

S. B. 390, Authorizing PSC approve expedited cost recovery of natural gas utility infrastructure projects,

And reports the same back, with amendment, with the recommendation that it do pass, as amended.

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

And reports the same back, with amendment, with the recommendation that it do pass, as amended.

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 6^th day of March, 2015, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

(Com. Sub. for S. B. 361), Eliminating prevailing hourly wage requirement for construction of public improvements.

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

S. B. 106, Excepting professional engineer member from sanitary board when project engineer is under contract,

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

Com Sub. for S. B. 352, Expanding scope of cooperative associations to goods and services including recycling,

Com. Sub. for S. B. 488, Reestablishing and modifying Broadband Deployment Council,

And reports the same back, with amendment, with the recommendation that they each do pass, as amended.

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

S. B. 182, Authorizing Department of Military Affairs and Public Safety promulgate legislative rules,

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

Com. Sub. for S. B. 342, Clarifying scope, application and requirements for error corrections by CPRB,

The Clerk laid before the House of Delegates a communication from His Excellency, the Governor, which was read by the Clerk as follows:

After the submission of my recommended FY 2016 Executive Budget on January 14, 2015, and my first adjustment letter on January 22, 2015, there have been a few areas that require adjustments, and therefore, pursuant to Section 51, Article VI of the Constitution of the State of West Virginia, I submit additional revisions to the FY 2016 Budget Bill for the TITLE II – APPROPRIATIONS as follows:

(To move GO HELP funding to the Department of Health and Human Resources and to restore budget reductions.)

Department of Administration - Office of the Secretary, Fund 0186, Fiscal Year 2016, Org 0201

●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $46,824.

●Decrease “Personal Services and Employee Benefits” Appropriation 00100 by $7,235.

●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $95,349.

●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $102,829.

●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $154,936.

West Virginia Public Employees Grievance Board, Fund 0220, Fiscal Year 2016, Org 0219

●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $1,823.

●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $30,651.

●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $94,785.

Committee for the Purchase of Commodities and Services from the Handicapped, Fund 0233, Fiscal Year 2016, Org 0224

●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $1,104.

West Virginia Prosecuting Attorneys Institute, Fund 0557, Fiscal Year 2016, Org 0228

(To move the Children’s Health Insurance Agency to the Department of Health and Human Resources in accordance with Senate Bill No. 262.)

●Decrease “Personal Services and Employee Benefits” Appropriation 00100 by $110,992.

●Decrease “Autism Spectrum Disorder Coverage” Appropriation 85600 by $497,035.

●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $145.

(To combine the National Coal Heritage Area Authority and the Coal Heritage Highway Authority in accordance with House Bill No. 2227.)

●Delete the directive language from “Highway Authorities” Appropriation 43100 “$85,239 is for Coal Heritage Highway Authority;”.

●Increase the directive language from “Highway Authorities” Appropriation 43100 for the Coal Heritage Area Authority by $85,239.

●Increase “Personal Services and Employee Benefits” Appropriation 00100 for $500,000.

State Board of Education - School Lunch Program, Fund 0303, Fiscal Year 2016, Org 0402

●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $24,801.

State Board of Education - State Department of Education, Fund 0313, Fiscal Year 2016, Org 0402

●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $150,000.

State Board of Education - Aid for Exceptional Children, Fund 0314, Fiscal Year 2016, Org 0402

●Increase “Special Education - Institutions” Appropriation 16000 by $389,443.

State Board of Education - State Aid to Schools, Fund 0317, Fiscal Year 2016, Org 0402

●Increase “Improved Instructional Programs” Appropriation 15600 by $1,300,228.

●Increase “21^st Century Strategic Technology Learning Growth” Appropriation 93600 by $2,600,457.

●Increase “Less Local Share” line by $12,486,259 from ($443,582,379) to ($456,068,638).

State Board of Education - West Virginia Schools for the Deaf and the Blind, Fund 0320, Fiscal Year 2016, Org 0403

●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $500,000.

●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $63,825.

State Board of Rehabilitation - Division of Rehabilitation Services, Fund 0310, Fiscal Year 2016, Org 0932

●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $500,000.

Department of Health and Human Resources - Office of the Secretary, Fund 0400, Fiscal Year 2016, Org 0501

● Increase “Personal Services and Employee Benefits” Appropriation 00100 by $212,720.

(To increase the appropriation for Medical Services and to move the Children’s Health Insurance Agency to the Department of Health and Human Resources in accordance with Senate Bill No. 262.)

● Add “Autism Spectrum Disorder Coverage” Appropriation 85600 for $497,035.

Department of Military Affairs and Public Safety - Office of the Secretary, Fund 0430, Fiscal Year 2016, Org 0601

●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $911.

●Increase “Homeland State Security Administrative Agency” Appropriation 95300 by $48,609.

Division of Homeland Security and Emergency Management, Fund 0443, Fiscal Year 2016, Org 0606

●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $82,634.

●Increase “Radiological Emergency Preparedness” Appropriation 55400 by $11,652.

●Increase “Mine and Industrial Accident Rapid Response Call Center” Appropriation 78100 by $93,113.

Division of Corrections - Correctional Units, Fund 0450, Fiscal Year 2016, Org 0608

● Add following to the end of the reappropriation language “...with the exception of fund 0450, fiscal year 2015, appropriation 13000 ($8,000,000) and fund 0450, fiscal year 2015, appropriation 53500 ($3,000,000) which shall expire on June 30, 2015.”

●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $132,533.

● Add following to the end of the reappropriation language “...with the exception of fund 0470, fiscal year 2015, appropriation 00100 ($1,000,000) which shall expire on June 30, 2015.”

●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $23,279.

● Increase “Transfer to Division of Human Services for Health Care and Title XIX Waiver for Senior Citizens” Appropriation 53900 by $150,000.

Auditor’s Office - Local Government Purchasing Card Expenditure Fund, Fund 1224, Fiscal Year 2016, Org 1200

● Add the language “There is hereby appropriated from this fund, in addition to the above appropriations if needed, the amount necessary to meet the transfer and revenue distribution requirements to provide a proportionate share of rebates back to the general fund of local governments based on utilization of the program in accordance with W.Va. Code §6-9-2b.”

State Board of Rehabilitation - Division of Rehabilitation Services - West Virginia Rehabilitation Center Special Account, Fund 8664, Fiscal Year 2016, Org 0932

Division of Human Services - Medical Services Trust Fund, Fund 5185, Fiscal Year 2016, Org 0511

(To adjust the appropriation to due to the reduced transfer from the Revenue Shortfall Reserve Fund.)

Office of the Secretary - Revenue Shortfall Reserve Fund, Fund 7005, Fiscal Year 2016, Org 0701

(To reduce the transfer to the Medical Services Trust Fund now funded from General Revenue.)

● Decrease “Medical Services Trust Fund - Transfer” Appropriation 51200 by $9,145,000.

Division of Motor Vehicles - Motor Vehicle Fees Fund, Fund 8223, Fiscal Year 2016, Org 0802

(To continue an increase in special revenue spending authority from supplemental appropriation bill.)

● Increase “Personal Services and Employee Benefits” Appropriation 00100 by $184,000.

West Virginia Development Office - Division of Tourism, fund 3067, Fiscal Year 2016, Org 0304

Bureau of Senior Services - Lottery Senior Citizens Fund, Fund 5405, Fiscal Year 2016, Org 0508

● Decrease “Transfer to Division of Human Services for Health Care and Title XIX Waiver for Senior Citizens” Appropriation 53900 by $150,000.

Department of Agriculture - State Conservation Committee, Fund 8783, Fiscal Year 2016, Org 1400

(To continue an increase in federal spending authority from supplemental appropriation bill.)

(To move the Children’s Health Insurance Agency to the Department of Health and Human Resources in accordance with Senate Bill No. 262.)

●Decrease “Personal Services and Employee Benefits” Appropriation 00100 by $533,752.

(To increase federal spending authority for improvements at Wildlife Management Areas.)

(To move the Children’s Health Insurance Agency to the Department of Health and Human Resources in accordance with Senate Bill No. 262.)

(To combine the National Coal Heritage Area Authority and the Coal Heritage Highway Authority in accordance with House Bill No. 2227.)

●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $47,059.

(To combine the National Coal Heritage Area Authority and the Coal Heritage Highway Authority in accordance with House Bill No. 2227.)

●Decrease “Personal Services and Employee Benefits” Appropriation 00100 by $47,059.

“There are hereby appropriated for fiscal year 2016, from the fund as designated, in the amounts as specified, general revenue funds in the amount of $203,331, special revenue funds in the amount of $747,870, and state road funds in the amount of $730,433 for payment of claims against the state.”

Bureau of Senior Services - Lottery Senior Citizens Fund, Fund 5405, Fiscal Year 2016, Org 0508

(To adjust appropriation from surplus lottery revenue based on most recent estimates.)

● Decrease “Senior Services Medicaid Transfer - Lottery Surplus” Appropriation 68199 by $10,000,000.

(To adjust appropriation from surplus lottery revenue based on most recent estimates.)

● Increase “Medical Services - Lottery Surplus” Appropriation 68100 by $10,000,000.

Thank you for your prompt attention of this matter. Your cooperation is always appreciated.

Should you have any questions or require additional information, please call me at any time.

The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

S. C. R. 3 - “Requesting the Division of Highways to name the portion of Route 25, from its intersection at West 11th Street to its intersection at Republic Way, in Kanawha County, West Virginia, the ‘U. S. Army Sgt. James Lawrence Taylor Memorial Road’.”

Whereas, Sergeant James Lawrence Taylor was born on June 9, 1943, the son of Monte and Ruth Taylor of Nitro, and brother of Monte, Jr., Kent, Jerry and David; and

Whereas, Sergeant James Lawrence Taylor attended Nitro High School, but left in 1960 before graduating to enlist in the Army, serving in Germany and Vietnam; and

Whereas, While in Vietnam, Sergeant James Lawrence Taylor was a member of the 5th Mobile Strike Force Command, Detachment A-503, known as the Green Berets; and

Whereas, On March 9, 1966, Sergeant James Lawrence Taylor was on a special mission to reinforce a special force detachment located at Camp A Shau in South Vietnam when Camp A Shau came under attack by Viet Cong; and

Whereas, Sergeant James Lawrence Taylor assumed command when the company commander was killed by enemy fire; and

Whereas, Sergeant James Lawrence Taylor was injured by Viet Cong rifle fire, and he was carried out of Camp A Shau when troops were forced to abandon the evacuation; and

Whereas, Sergeant James Lawrence Taylor’s body was never recovered, and he was presumed dead by the military; and

Whereas, Sergeant James Lawrence Taylor was awarded the Purple Heart medal posthumously and the Award of the Silver Star posthumously in 1966; and

Whereas, It is only fitting and proper that this stretch of road, in the county of his birth and the area in which he lived all his young life, be named in his honor so that Sergeant James Lawrence Taylor’s supreme sacrifice will be memorialized and not forgotten; therefore, be it

That the Division of Highways is hereby requested to name the portion of Route 25, from its intersection at West 11th Street to its intersection at Republic Way, in Kanawha County, West Virginia, the “U. S. Army Sgt. James Lawrence Taylor Memorial Road”; and, be it

Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the portion of Route 25 as the “U. S. Army Sgt. James Lawrence Taylor Memorial Road”; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation, the Commissioner of Highways and to the family of the late Sergeant James Lawrence Taylor.

S. C. R. 23 - “Requesting the Division of Highways name bridge number 24-16-13.39 (3961) (37.30512, -81.67535), locally known as Big Creek Owl Bridge, carrying WV Route 16 over Dry Fork in McDowell County, West Virginia, the ‘U. S. Army SFC Anthony Barton Memorial Bridge’.”

Whereas, Anthony Barton was born in Bluefield, West Virginia, on April 25, 1980; and

Whereas, Anthony Barton graduated from Big Creek High School in War, West Virginia, where he was co-valedictorian of the class of 1998 and excelled in football and wrestling. He subsequently received an organizational leadership degree from Mountain State University; and

Whereas, SFC Anthony Barton served in the West Virginia Army National Guard from December 2001 until his death in 2012; and

Whereas, SFC Anthony Barton served fourteen months in Iraq with the West Virginia Army National Guard as a military police officer during Operation Iraqi Freedom; and

Whereas, SFC Anthony Barton was a highly decorated soldier who received numerous awards and medals for his service, including the Meritorious Service Medal (Posthumous), Army Commendation Medal with Oak Leaf Cluster, Army Achievement Medal, Army Reserve Component Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Reserve Medal with M Device, NCO Professional Development Ribbon with Numeral 2, Army Service Ribbon, Combat Action Badge, Meritorious Unit Citation, Joint Meritorious Unit Award, West Virginia Emergency Service Ribbon with 2 Oak Leaf Clusters, West Virginia State Service Ribbon with 2 Oak Leaf Clusters, West Virginia Service Ribbon and Shoulder Sleeve Insignia for Wartime Service — 101st Airborne and 15th MP Brigade; and

Whereas, SFC Anthony Barton also served the state’s citizenry on many occasions as a member of the West Virginia National Guard when he assisted during severe flooding, major snowstorms and other state emergencies; and

Whereas, SFC Anthony Barton was a certified police officer who graduated from the West Virginia State Police Academy and he served as a McDowell County deputy sheriff and as a police officer with the Town of War while serving in the West Virginia National Guard; and

Whereas, SFC Anthony Barton also enjoyed riding his Harley and playing guitar, and he was actively involved in the New Testament Christian Church, where he played guitar; and

Whereas, SFC Anthony Barton suffered from post traumatic stress disorder (PTSD) resulting from the highly stressful conditions of his deployment in Iraq; and

Whereas, Sadly, SFC Anthony Barton lost his battle with PTSD on December 26, 2012; and

Whereas, SFC Anthony Barton is survived by his spouse, Jessica Barton; children, James Tanner Beckett and Jared Ray Barton; parents, Donald and Mary Barton; sister, Tara Adkins and her husband, Matthew; grandparents, Clinton and Delores Tyree; four nephews, Michael Anthony and Andrew Reid Adkins, Declan Patrick O’Neil and Bodhi Jasper Hines; and numerous aunts and uncles and other family and friends; and

Whereas, It is only fitting that we honor the life of SFC Anthony Barton by naming this bridge in his memory as a lasting tribute to his dedicated service and sacrifice on behalf of his country, state and community; therefore, be it

That the Division of Highways is hereby requested to name bridge number 24-16-13.39 (3961) (37.30512, -81.67535), locally known as Big Creek Owl Bridge, carrying WV Route16 over Dry Fork in McDowell County, West Virginia, the “U. S. Army SFC Anthony Barton Memorial Bridge”; and, be it

Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs at both ends of the bridge identifying the bridge as the “U. S. Army SFC Anthony Barton Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and to the family of SFC Anthony Barton.

S. C. R. 42 - “Requesting the Division of Highways name bridge number 10-77-63.83 (10A222), on I-77 near mile marker 63, 2.31 miles south of the Mahan exit in Fayette County, the ‘Tygrett Brothers Seven Veterans Bridge’.”

Whereas, Charles R. Tygrett, John D. Tygrett, Harold M. Tygrett, Paul A. Tygrett, R. G. Tygrett, Tommy E. Tygrett and Reginald D. Tygrett are the seven sons of Marion A. and June O. Tygrett. The seven Tygrett brothers served in the armed forces during World War II and the Korean War; and

Whereas, The seven brothers’ primary units and areas of service included: CPL Charles R. Tygrett, WWII, 302 AAF, Algeria, French Morocco and Tunisia; CPL John D. Tygrett, WWII, U. S. Army Medical Det.; PFC Harold M. Tygrett, WWII, U. S. Army 577th Ambulance Co., Normandy, Northern France, Ardennes; SSGT Paul A. Tygrett, WWII, 47th Armored Artillery, Northern France, Ardennes, Rhineland; PFC R. G. Tygrett, WWII, 127th Anti-Aircraft Battalion, Ardennes, Central Europe; PFC Tommy E. Tygrett, U. S. Army 21st AFA and 1st Infantry (Big Red One), Germany; and SSGT Reginald D. Tygrett, Korean War, U. S. Air Force, 19th Supply Squadron; and

Whereas, At a Veterans Day Ceremony on November 9, 2001, American Legion Post 149 of Fayetteville, West Virginia, honored the seven brothers for their selfless service and commitment to the United States military and a grateful nation; and

Whereas, It is only fitting and proper that CPL Charles R. Tygrett, CPL John D. Tygrett, PFC Harold M. Tygrett, SSGT Paul A. Tygrett, PFC R. G. Tygrett, PFC Tommy E. Tygrett and SSGT Reginald D. Tygrett be remembered and acknowledged for their dedicated service on behalf of their country, state and communities; therefore, be it

That the Division of Highways is hereby requested to name bridge number 10-77-63.83 (10A222), on I-77 near mile marker 63, 2.31 miles south of the Mahan exit in Fayette County, the “Tygrett Brothers Seven Veterans Bridge”; and, be it

Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Tygrett Brothers Seven Veterans Bridge”; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, to Tommy Tygrett, the sole surviving Tygrett brother, and to the families of the remaining Tygrett brothers.

S. C. R. 43 - “Requesting the Division of Highways name the bridge carrying County Route 13 over Hominy Creek in Nicholas County, bridge number 34-13-11.85 (34A017), latitude 38.14543, longitude -80.71810, the ‘U. S. Army SPC Richard Nesselrotte Bridge’.”

Whereas, U. S. Army Specialist Richard Nesselrotte served in the Vietnam War as a Specialist Four and Squad Leader with Company B, 2nd Battalion, 8th Infantry, 4th Infantry Division; and

Whereas, US Army Specialist Richard Nesselrotte was awarded the Silver Star Medal for his bravery on February 4, 1968, when he led his squad in a dismounted assault against an entrenched North Vietnamese Army Company. On that day, Specialist Nesselrotte continuously exposed himself to enemy fire, which he countered with his M-60 machine gun, grenaded several enemy positions, and led three of his men across the enemy’s front to bring a heavy volume of effective fire against the insurgents. As a result of Specialist Nesselrotte’s brave actions, the enemy was ultimately routed and defeated; and

Whereas, It is only fitting that an appropriate landmark be named to honor U. S. Army Specialist Richard Nesselrotte’s outstanding courage and exemplary devotion to duty in defending his country; therefore, be it

That the Division of Highways is hereby requested to name the bridge carrying County Route 13 over Hominy Creek in Nicholas County, bridge number 34-13-11.85 (34A017), latitude 38.14543, longitude -80.71810, the “U. S. Army SPC Richard Nesselrotte Bridge”; and, be it

Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U. S. Army SPC Richard Nesselrotte Bridge”; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to U. S. Army SPC Richard Nesselrotte.

S. C. R. 44 - “Requesting the Division of Highways name the bridge on U. S. Route 219 crossing Files Creek, bridge number 42-219-33.10 (42A137) 38.83753, -79.87568, near Beverly, Randolph County, the ‘U. S. Navy PO2 Robert Paul Laderach Memorial Bridge’.”

Whereas, Robert Paul Laderach was born May 8, 1917, in Beverly, Randolph County, the son of Ernest and Mary Agnes Adams Laderach. His family lived on a farm on Dotson Run and he was educated in Beverly, attending Beverly High School. He joined the Navy in October 1937. Robert was serving on board the U.S.S. Arizona in Hawaii on December 7, 1941, when that ship was attacked and sunk without provocation by the Japanese Navy on the “Date that Shall Live in Infamy”. Robert and five other West Virginians were killed that day and he and 102 of his shipmates are still entombed and are on ‘Eternal Patrol’ in the U. S. S. Arizona in Pearl Harbor. He received the posthumous awards of Purple Heart, WW II Victory Award Ribbon Bar, Asiatic Pacific Medal and Campaign Medal and USS Arizona BB-39 Pearl Harbor Patch. Robert was survived by his parents and sisters Anna Pauline Laderach and Margaret Virginia Laderach; and

Whereas, Naming the bridge on U. S. Route 219 crossing Files Creek, bridge number 42-219-33.10 (42A137) 38.83753, -79.87568, near Beverly in Randolph County, the “U. S. Navy PO2 Robert Paul Laderach Memorial Bridge” is an appropriate recognition of his ultimate sacrifice to his country, state, community and Randolph County; therefore, be it

That the Division of Highways is hereby requested to name the bridge on U. S. Route 219 crossing Files Creek, bridge number 42-219-33.10 (42A137) 38.83753, -79.87568, near Beverly, Randolph County, the “U. S. Navy PO2 Robert Paul Laderach Memorial Bridge”; and, be it

Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “U. S. Navy PO2 Robert Paul Laderach Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the surviving relatives of Robert Paul Laderach.

S. C. R. 45 - “Requesting the Division of Highways name bridge number 18-68-0.44 (18A006) Lat/Long 38.94633, -81.76020, locally known as Ravenswood Town BR, carrying WV 68 over Sandy Creek near Ravenswood, Jackson County, the ‘James P. Spano, Jr. Memorial Bridge’.”

Whereas, James P. Spano, Jr was born May 13, 1929, in Chattaroy, Mingo County. His parents were James Spano, Sr. and Mica Panzera Spano. He was one of eight siblings. He grew up in Chattaroy and was a star athlete and star basketball player for Chattaroy High School where he was the leading scorer at point guard. His basketball skills allowed him to earn a scholarship to Morris Harvey College in Charleston, West Virginia, being the only member of his family to attend college. Jim was encouraged by the late Eddie King to go out for football. He did and ended up playing all four years under the basketball scholarship that he had earned. Jim was a four-year letterman, starter and was noted as a superior blocker. Jim also started at nose guard, the position for which he was known best. He played in three bowl games while at Morris Harvey College, most notably the Tangerine Bowl in Orlando Florida. He was captain of the team his senior season in 1950 when the team was 11-0. He studied history and physical education while at Morris Harvey College. After college Jim joined the Navy and continued to play football and became a coach for the Naval Training Camp team. In 1951, Jim married Mary Winter from Fairplain, West Virginia. He was hired as head coach of the Ravenswood High School football and basketball teams in 1954. He also coached the baseball team, started the little league baseball program and the summer basketball league and wrote the Ravenswood High School fight song that is still used today. In 1957 he led Ravenswood High School to its first ever state championship, beating Rupert High School. Jim also coached the Little Kanawha Conference bowl game three times. In 1959 Jim led Ravenswood High School to its second state championship; and

Whereas, Students who played for him remember Jim as a supreme motivator, getting the best out of each player. Jim Spano was a community service mentor as he started all of the youth programs, worked with the community and was instrumental in getting the current Ravenswood High School built. On June 27, 1962, James Spano died of a massive heart attack at the young age of 33 after coaching summer basketball games. He left the small community in shock and is still revered today 53 years after his passing. Jim left two sons, James P. Spano III and Joseph H. Spano, Sr., who carried on his rich football tradition. Coach Spano was inducted into the Mid-Ohio Valley Hall of Fame in 2002; and

Whereas, Naming bridge number 18-68-0.44 (18A006) Lat/Long 38.94633, -81.76020, locally known as Ravenswood Town BR, carrying WV 68 over Sandy Creek near Ravenswood Jackson County, the “James P. Spano, Jr. Memorial Bridge” is an appropriate recognition of his contributions to his country, state, community and Jackson County; therefore, be it

That the Division of Highways is hereby requested to name bridge number 18-68-0.44 (18A006) Lat/Long 38.94633, -81.76020, locally known as Ravenswood Town BR, carrying WV 68 over Sandy Creek near Ravenswood, Jackson County, the “James P. Spano, Jr. Memorial Bridge”; and, be it

Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “James P. Spano, Jr. Memorial Bridge”; and, be it

Com. Sub. for S. B. 277, Requiring issuance of certificate of birth resulting in stillbirth; 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. 380), and there were--yeas 99, nays none, absent and not voting 1, 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 (Com. Sub. for S. B. 277) passed.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

Com. Sub. for S. B. 421, Relating to punitive damages in civil actions; on third reading, coming up in regular order, was reported by the Clerk.

Delegate Fast asked and obtained unanimous consent that the amendment be withdrawn.

Delegate Shott asked and obtained unanimous consent to amend the bill on third reading.

On motion of Delegate Shott, the bill was amended on page two, after the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

“That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §55-7-27, to read as follows:

(a) An award of punitive damages may only occur in a civil action against a defendant if a plaintiff establishes by clear and convincing evidence that the damages suffered were the result of the conduct that was carried out by the defendant with actual malice toward the plaintiff or a conscious, reckless and outrageous indifference to the health, safety and welfare of others.

(b) Any civil action tried before a jury involving punitive damages shallmay, upon request of any defendant, be conducted in a bifurcated trial in accordance with the following guidelines:

(1) In the first stage of a bifurcated trial, the jury shall determine liability for compensatory damages and the amount of compensatory damages, if any.

(2) If the jury finds during the first stage of a bifurcated trial that a defendant is liable for compensatory damages, then the court shall determine whether sufficient evidence exists to proceed with a consideration of punitive damages.

(3) If the court finds that sufficient evidence exists to proceed with a consideration of punitive damages, the same jury shall determine if a defendant is liable for punitive damages in the second stage of a bifurcated trial and may award such damages.

(4) If the jury returns an award for punitive damages that exceeds the amounts allowed under subsection (c) of this section, the court shall reduce any such award to comply with the limitations set forth therein.

(c) The amount of punitive damages that may be awarded in a civil action may not exceed the greater of four times the amount of compensatory damages or $500,000, whichever is greater.”

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 381), and there were--yeas 69, nays 30, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Boggs, Byrd, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, L. Phillips, Pushkin, Rodighiero, Rowe, Skinner, Sponaugle, Trecost, H. White and Williams.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 421) 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. 532, Relating to civil liability immunity for clinical practice plans and medical and dental school personnel; 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. 382), and there were--yeas 96, nays 3, absent and not voting 1, with the nays and 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 (S. B. 532) passed.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

Com. Sub. for H. B. 2766, Expiring funds to the unappropriated balance in the State Fund, General Revenue from the Joint Expenses, and from the Department of Health and Human Resources; on third reading, coming up in regular order, was read a third time.

On the passage of the bill, the yeas and nays were taken (Roll No. 383), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:

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. 2766) passed.

On this question, the yeas and nays were taken (Roll No. 384), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2766) 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.

Com. Sub. for H. B. 2769, Expiring funds to the unappropriated surplus balance in the State Fund, General Revenue from various agencies; on third reading, coming up in regular order, was read a third time.

On the passage of the bill, the yeas and nays were taken (Roll No. 385), and there were--yeas 96, nays 3, absent and not voting 1, with the nays and absent and not voting being as follows:

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. 2769) passed.

On this question, the yeas and nays were taken (Roll No. 386), and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting being as follows:

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2769) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and takes effect from its passage.

Com. Sub. for H. B. 2772, Expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, from the Auditor’s Office - Purchasing Card Administration Fund; on third reading, coming up in regular order, with amendments pending, was reported by the Clerk.

Mr. Speaker, Mr. Armstead, arose from his seat and requested to be excused from voting on the amendment and the passage to Com. Sub. for H. B. 2722 and the passage of said bill under the provisions of House Rule 49.

The Speaker Pro Tempore replied that the passage of the bill would not have a direct impact on the Gentleman and that he would be required to vote.

On motion of Delegate E. Nelson the bill was amended on page three, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

“That the balance of the funds available for expenditure in the fiscal year ending June 30, 2015, in the Department of Agriculture, fund 0131 fiscal year 2012, organization 1400, appropriation 11900, be decreased by expiring the amount of $339,000, and in the Department of Agriculture, fund 0131, fiscal year 2013, organization 1400, appropriation 11900, be decreased by expiring the amount of $411,000, and in the Attorney General, fund 0150, fiscal year 2013, organization 1500, appropriation 72500, be decreased by expiring the amount of $315,496.80, and in the Attorney General, fund 0150, fiscal year 2013, organization 1500, appropriation 77900, be decreased by expiring the amount of $210,268, and in the Attorney General, fund 0150, fiscal year 2014, organization 1500, appropriation 26000, be decreased by expiring the amount of $774,644.65, and in the Auditor's Office - Purchasing Card Administration Fund, fund 1234, fiscal year 2015, organization 1200, be decreased by expiring the amount of $1,000,000, and in the Treasurer’s Office - Flood Insurance Tax Fund, fund 1343, fiscal year 2015, organization 1300, be decreased by expiring the amount of $3,410,629, and in the Attorney General - Antitrust Enforcement Fund, fund 1507, fiscal year 2015, organization 1500, be decreased by expiring the amount of $700,000, and in the Secretary of State - General Administrative Fees Account, fund 1617, fiscal year 2015, organization 1600, in the amount of $750,000, all to the unappropriated surplus balance of the State Fund, General Revenue, to be available for appropriation during the fiscal year ending June 30, 2015.”

On page two, following the title, by striking out the preamble and inserting in lieu thereof the following:

“Whereas, the Legislature finds that the account balance in the Department of Agriculture, fund 0131, fiscal year 2012, organization 1400, appropriation 11900, in the Department of Agriculture, fund 0131, fiscal year 2013, organization 1400, appropriation 11900, in the Attorney General, fund 0150, fiscal year 2013, organization 1500, appropriation 72500, in the Attorney General, fund 0150, fiscal year 2013, organization 1500, appropriation 77900, in the Attorney General, fund 0150, fiscal year 2014, organization 1500, appropriation 26000, in the Auditor's Office - Purchasing Card Administration Fund, fund 1234, fiscal year 2015, organization 1200, in the Treasurer’s Office - Flood Insurance Tax Fund, fund 1343, fiscal year 2015, organization 1300, in the Attorney General - Antitrust Enforcement Fund, fund 1507, fiscal year 2015, organization 1500, and in the Secretary of State - General Administrative Fees Account, fund 1617, fiscal year 2015, organization 1600 exceeds that which is necessary for the purpose for which the accounts were established; therefore.”

On the passage of the bill, the yeas and nays were taken (Roll No. 387), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:

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. 2772) passed.

On motion of Delegate E. Nelson, the title of the bill was amended to read as follows:

Com. Sub. for H. B. 2772 – “A Bill expiring funds to the unappropriated surplus balance

in the State Fund, General Revenue, for the fiscal year ending June 30, 2015, in the amount of $339,000 from the Department of Agriculture, fund 0131, fiscal year 2012, organization 1400, appropriation 11900, and in the amount of $411,000 from the Department of Agriculture, fund 0131, fiscal year 2013, organization 1400, appropriation 11900, and in the amount of $315,496.80 from the Attorney General, fund 0150, fiscal year 2013, organization 1500, appropriation 72500, and in the amount of $210,268 from the Attorney General, fund 0150, fiscal year 2013, organization 1500, appropriation 77900, and in the amount of $774,644.65 from the Attorney General, fund 0150, fiscal year 2014, organization 1500, appropriation 26000, and in the amount of $1,000,000 from the Auditor's Office - Purchasing Card Administration Fund, fund 1234, fiscal year 2015, organization 1200, and in the amount of $3,410,629 from the Treasurer’s Office - Flood Insurance Tax Fund, fund 1343, fiscal year 2015, organization 1300, and in the amount of $700,000 from the Attorney General - Antitrust Enforcement Fund, fund 1507, fiscal year 2015, organization 1500, and in the amount of $750,000 from the Secretary of State - General Administrative Fees Account, fund 1617, fiscal year 2015, organization 1600.”

On this question, the yeas and nays were taken (Roll No. 388), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2772) 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.

H. B. 3020, Making a supplementary appropriation to the Department of Military Affairs and Public Safety, Division of Corrections; on third reading, coming up in regular order, was read a third time.

On the passage of the bill, the yeas and nays were taken (Roll No. 389), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3020) passed.

On this question, the yeas and nays were taken (Roll No. 390), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3020) 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.

H. B. 3021, Making a supplementary appropriation to the Department of Health and Human Resources; on third reading, coming up in regular order, was read a third time.

On the passage of the bill, the yeas and nays were taken (Roll No. 391), and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting being as follows:

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3021) passed.

On this question, the yeas and nays were taken (Roll No. 392), and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting being as follows:

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3021) 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.

H. B. 3022, Making a supplementary appropriation to the Treasurer’s Office, to the State Board of Education, to Mountwest Community and Technical College, to the West Virginia School of Osteopathic Medicine, and to West Virginia State University; on third reading, coming up in regular order, was read a third time.

On the passage of the bill, the yeas and nays were taken (Roll No. 393), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3022) passed.

On this question, the yeas and nays were taken (Roll No. 394), and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting being as follows:

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3022) 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.

Second ReadingCom. Sub. for S. B. 30, Permitting shared animal ownership agreement to consume raw milk; 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 two, by striking out everything after the enacting section and inserting in lieu thereof the following:

(a) Notwithstanding any other provision of the law to the contrary, a responsible party may enter into a written shared animal ownership agreement to consume raw milk in which he or she:

(2) Agrees to pay another for the percentage ownership interest for the care and boarding of the milk-producing animal at the dairy farm;

(3) Is entitled to receive a fair share of the animal’s raw milk production as a condition of the contractual agreement;

(4) Agrees to sign a written document acknowledging the inherent dangers of consuming raw milk that may contain bacteria, such as Brucella, Campylobacter, Listeria, Salmonella and E. Coli, that has not been pasturized to remove bacteria and that is particularly dangerous to children, pregnant women and those with compromised immunity. The responsible party then agrees to release of the herd seller of liability for the inherent dangers of consuming raw milk; and

(5) Agrees not to distribute raw milk. Sale or resale of raw milk obtained from a share is strictly prohibited.

(b) The agreement provided in subsection (a) of this section is required to be reported by one or both of the parties to the agreement the herd seller to both the Commissioner of Agriculture, or his or her designee, as set forth in this article and the Commissioner of the Bureau for Public Health, or his or her designee, as set forth in article one, chapter sixteen of this code.

(c) (d) The herd seller shall meet the animal health requirements for milk-producing animals established by the state veterinarian, in accordance with state and national standards, including the following:

(1) Raw milk from milk-producing animals intended for consumption shall be from a herd that tested negative within the previous twelve months for brucellosis, tuberculosis and other diseases as required by the state veterinarian. Additions to the herd shall test negative for the diseases within the previous thirty days before introduction into the herd; and

(2) Milk-producing animals producing bloody, stringy or abnormal milk, but with only slight inflamation of the udder, shall be excluded from the milking herd until reexamination shows that the milk has become normal. Milk-producing animals showing chronic mastitis, whether producing abnormal milk or not, shall be permanently excluded from the milking herd.

(d) (e) Any physician licensed by either the provisions of article three, chapter thirty of this code or article fourteen of said chapter who makes a diagnosis that can be directly attributed to the consumption of raw milk is required to report nonidentifying information related to the diagnosis or treatment to the local health officer of the county in which the individual lives. The Secretary of the Department of Health and Human Resources shall, The Commissioner of the Department of Agriculture shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code regarding the contents of the report required pursuant to this subsection. and impose an administrative penalty not to exceed $100 for a person who violates the provisions of this section.”

Com. Sub. for S. B. 37, Creating Revised Uniform Arbitration Act; on second reading, coming up in regular order, was read a second time.

At the request of Delegate Cowles, and by unanimous consent, the bill was advanced to third reading with a amendments pending, and the rule was suspended to permit the consideration of the amendments on that reading.

S. B. 89, Providing Prosecuting Attorneys Institute’s council establish Executive Director’s salary; on second reading, coming up in regular order, was read a second time.

At the request of Delegate Cowles, and by unanimous consent, the bill was advanced to third reading with amendments pending, and the rule was suspended to permit the consideration of the amendments on that reading.

Com. Sub. for S. B. 249, Prohibiting straight party voting; on second reading, coming up in regular order, was read a second time.

At the request of Delegate Cowles, and by unanimous consent, the bill was advanced to third reading with an amendment pending, and the rule was suspended to permit the consideration of the amendment on that reading.

S. B. 283, Relating to branch banking; on second reading, coming up in regular order, was read a second time and ordered to third reading.

S. B. 292, Relating to licenses for business of currency exchange, transportation or transmission; on second reading, coming up in regular order, was read a second time and ordered to third reading.

S. B. 322, Eliminating mandatory electronic recount of ballots in recounts; on second reading, coming up in regular order, was read a second time and ordered to third reading.

S. B. 332, Relating to administrative fees for Tax Division, Department of Revenue; on second reading, coming up in regular order, was read a second time and ordered to third reading.

Com. Sub. for S. B. 344, Relating to limitations on back and front pay and punitive damages; on second reading, coming up in regular order, was read a second time and ordered to third reading.

Com. Sub. for S. B. 366, Creating Patient Protection and Transparency Act; on second reading, coming up in regular order, was read a second time and ordered to third reading.

Com. Sub. for S. B. 411, Creating Asbestos Bankruptcy Trust Claims Transparency Act and Asbestos and Silica Claims Priorities Act; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, after the enacting clause, by striking the remainder of the bill and inserting in lieu thereof the following:

“That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4, §55-7E-5, §55-7E-6, §55-7E-7, §55-7E-8, §55-7E-9, §55-7E-10 and §55-7E-11; and that said code be amended by adding thereto a new article, designated §55-7F-1, §55-7F-2, §55-7F-3, §55-7F-4, §55-7F-5, §55-7F-6, §55-7F-7, §55-7F-8, §55-7F-9 and §55-7F-10, all to read as follows:

This article shall be known and may be cited as the Asbestos Bankruptcy Trust Claims Transparency Act.

(1) The United States Supreme Court in Amchem Prods., Inc. v. Windsor, 521 U.S. 591, 598 (1997) described the asbestos litigation as a crisis;

(2) Approximately one hundred employers have declared bankruptcy at least partially due to asbestos-related liability;

(3) These bankruptcies have resulted in a search for more solvent companies, resulting in over eight thousand five hundred companies being named as asbestos defendants, including many small- and medium-sized companies, in industries that cover eighty-five percent of the United States economy;

(4) Scores of trusts have been established in asbestos-related bankruptcy proceedings to form a multi-billion dollar asbestos bankruptcy trust compensation system outside of the tort system, and new asbestos trusts continue to be formed;

(5) Asbestos claimants often seek compensation for alleged asbestos-related conditions from solvent defendants in civil actions and from trusts or claims facilities formed in asbestos bankruptcy proceedings;

(6) There is limited coordination and transparency between these two paths to recovery;

(7) An absence of transparency between the asbestos bankruptcy trust claim system and the civil court systems has resulted in the suppression of evidence in asbestos actions and potential fraud;

(8) West Virginia’s Mass Litigation Panel has previously entered cases management orders that apply substantive transparency provisions requiring plaintiffs to disclose, among other things, any claims that may exist against asbestos bankruptcy trusts; and

(9) It is in the interest of justice that there be transparency for claims made in the asbestos bankruptcy trust claim system and for claims made in civil asbestos litigation.

(1) Provide transparency for claims made in the asbestos bankruptcy trust claim system and for claims made in civil asbestos litigation; and

(2) Reduce the opportunity for fraud or suppression of evidence in asbestos actions.

(1) ‘Asbestos action’ means a claim for damages or other civil or equitable relief presented in a civil action arising out of, based on or related to the health effects of exposure to asbestos, including loss of consortium, wrongful death, mental or emotional injury, risk or fear of disease or other injury, costs of medical monitoring or surveillance and any other derivative claim made by or on behalf of a person exposed to asbestos or a representative, spouse, parent, child or other relative of that person. The term does not include a claim for compensatory benefits pursuant to workers’ compensation law or for veterans’ benefits, or the Federal Employees Liability Act, 45 U. S. C. §51 et seq. as defined by article seven-f of this chapter.

(2) ‘Asbestos trust’ means a government-approved or court-approved trust, qualified settlement fund, compensation fund or claims facility created as a result of an administrative or legal action, a court-approved bankruptcy, or pursuant to 11 U. S. C. §524(g) or 11 U. S. C. §1121(a) or other applicable provision of law, that is intended to provide compensation to claimants arising out of, based on or related to the health effects of exposure to asbestos.

(3) ‘Plaintiff’ means a person asserting an asbestos action, a decedent if the action is brought through or on behalf of an estate, or a parent or guardian if the action is brought through or on behalf of a minor or incompetent.

(4) ‘Trust claims materials’ means a final executed proof of claim and all other documents and information related to a claim against an asbestos trust, including claims forms and supplementary materials, affidavits, depositions and trial testimony, work history and, medical and health records, documents reflecting the status of a claim against an asbestos trust, and if the asbestos trust claim has settled, all documents relating to the settlement of the asbestos trust claim.

(5) ‘Trust governance documents’ means all documents that relate to eligibility and payment levels, including claims payment matrices, trust distribution procedures, or plans for reorganization, for an asbestos trust.

(a) For each asbestos action filed in this state, the plaintiff shall provide all parties with a sworn statement identifying all asbestos trust claims that have been filed by the plaintiff or by anyone on the plaintiff’s behalf, including claims with respect to asbestos-related conditions other than those that are the basis for the asbestos action or that potentially could be filed by the plaintiff against an asbestos trust. The sworn statement shall be provided no later than one hundred twenty days prior to the date set for trial for the asbestos claimaction. For each asbestos trust claim or potential asbestos trust claim identified in the sworn statement, the statement shall include the name, address and contact information for the asbestos trust, the amount claimed or to be claimed by the plaintiff, the date the plaintiff filed the claim, the disposition of the claim and whether there has been a request to defer, delay, suspend, or toll the claim. The sworn statement shall include an attestation from the plaintiff, under penalties of perjury, that the sworn statement is complete and is based on a good faith investigation of all potential claims against asbestos trusts.

(b) The plaintiff shall make available to all parties all trust claims materials for each asbestos trust claim that has been filed by the plaintiff or by anyone on the plaintiff’s behalf against an asbestos trust, including any asbestos-related disease.

(c) The plaintiff shall supplement the information and materials provided pursuant to this section within ninety days after the plaintiff files an additional asbestos trust claim, supplements an existing asbestos trust claim or receives additional information or materials related to any claim or potential claim against an asbestos trust.

(d) Failure by the plaintiff to make available to all parties all trust claims materials as required by this article shall constitute grounds for the court to decline to extend the trial date in an asbestos action.

(a) Trust claims materials and trust governance documents are presumed to be relevant and authentic and are admissible in evidence. No claims of privilege apply to any trust claims materials or trust governance documents.

(b) A defendant in an asbestos action may seek discovery from an asbestos trust. The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide consent or other expression of permission that may be required by the asbestos trust to release information and materials sought by a defendant.

(a) A court shall stay an asbestos action if the court finds that the plaintiff has failed to make the disclosures required under section four of this article within one hundred twenty days prior to the trial date.

(b) If, in the disclosures required by section four of this article, a plaintiff identifies a potential asbestos trust claim, the judge shall have the discretion to stay the asbestos action until the plaintiff files the asbestos trust claim and provides all parties with all trust claims materials for the claim. The plaintiff shall also state whether there has been a request to defer, delay, suspend, or toll the claim against the asbestos trust.

§55-7E-7. Identification of additional or alternative asbestos trusts by defendant.

(a) Not less than ninety days before trial, if a defendant identifies an asbestos trust claim not previously identified by the plaintiff that the defendant reasonably believes the plaintiff can file, the defendant shall meet and confer with plaintiff to discuss why defendant believes plaintiff has an additional asbestos trust claim, and thereafter the defendant may move the court for an order to require the plaintiff to file the asbestos trust claim. The defendant shall produce or describe the documentation it possesses or is aware of in support of the motion.

(b) Within ten days of receiving the defendant’s motion under subsection (a) of this section, the plaintiff shall, for each asbestos trust claim identified by the defendant, make one of the following responses:

(2) File a written response with the court setting forth the reasons why there is insufficient evidence for the plaintiff to file the asbestos trust claim; or

(3) File a written response with the court requesting a determination that the plaintiff’s expenses or attorney’s fees and expenses to prepare and file the asbestos trust claim identified in the defendant’s motion exceed the plaintiff’s reasonably anticipated recovery from the trust.

(c) (1) If the court determines that there is a sufficient basis for the plaintiff to file the asbestos trust claim identified by a defendant, the court shall order the plaintiff to file the asbestos trust claim and shall stay the asbestos action until the plaintiff files the asbestos trust claim and provides all parties with all trust claims materials no later than thirty days before trial.

(2) If the court determines that the plaintiff’s expenses or attorney’s fees and expenses to prepare and file the asbestos trust claim identified in the defendant’s motion exceed the plaintiff’s reasonably anticipated recovery from the asbestos trust, the court shall stay the asbestos action until the plaintiff files with the court and provides all parties with a verified statement of the plaintiff’s history of exposure, usage, or other connection to asbestos covered by the asbestos trust.

(d) Not less than thirty days prior to trial in an asbestos action, the court shall enter into the record a trust claims document that identifies each claim the plaintiff has made against an asbestos trust.

(a) If a plaintiff proceeds to trial in an asbestos action before an asbestos trust claim is resolved, the filing of the asbestos trust claim may be considered as relevant and admissible evidence.

(b) Trust claim materials that are sufficient to entitle a claim to consideration for payment under the applicable trust governance documents may be sufficient to support a jury finding that the plaintiff may have been exposed to products for which the asbestos trust was established to provide compensation and that such exposure may be a substantial factor in causing the plaintiff’s injury that is at issue in the asbestos action.

In any asbestos action in which damages are awarded, a defendant is entitled to a setoff or credit in the amount of the valuation established under the applicable trust governance documents, including payment percentages for asbestos trust claims pending at trial and any amount the plaintiff has been awarded from an asbestos trust claim that has been identified at the time of trial. If multiple defendants are found liable for damages, the court shall distribute the amount of setoff or credit proportionally between the defendants, according to the liability of each defendant.

A plaintiff who fails to provide all of the information required under this article is subject to sanctions as provided in the West Virginia Rules of Civil Procedure and any other relief for the defendants that the court considers just and proper.

The provisions of this article apply to all asbestos actions filed on or after the effective date of this article.

This article shall be known and may be cited as the Asbestos and Silica Claims Priorities Act.

(1) Asbestos is a mineral that was widely used prior to the 1980s for insulation, fireproofing and other purposes;

(2) Millions of American workers and others were exposed to asbestos, especially during and after World War II and prior to the promulgation of regulations by the Occupational Safety and Health Administration in the early 1970s;

(3) Exposure to asbestos has been associated with various types of cancer, including mesothelioma and lung cancer, as well as nonmalignant conditions such as asbestosis and diffuse pleural thickening;

(5) Although the use of asbestos has dramatically declined since the 1970s and workplace exposures have been regulated since 1971 by the Occupational Safety and Health Administration, past exposures will continue to result in significant claims of death and disability as a result of such exposure;

(6) Over the years, West Virginia courts have been deluged with asbestos lawsuits.

(7) The United States Supreme Court in Amchem Prods., Inc. v. Windsor, 521 U.S. 591, 598 (1997), described the asbestos litigation as a crisis;

(8) Lawyer-sponsored x-ray screenings have been used to amass large numbers of claims by unimpaired plaintiffs;

(9) One of the country’s most prolific B-readers was a doctor from West Virginia;

(10) Approximately one hundred employers have declared bankruptcy at least partially due to asbestos-related liability;

(11) These bankruptcies have resulted in a search for more solvent companies, resulting in over eight thousand five hundred companies being named as asbestos defendants nationally and many in West Virginia, including many small- and medium-sized companies, in industries that cover eighty-five percent of the United States economy;

(12) Silica is a naturally occurring mineral as the earth’s crust is over ninety percent silica, and crystalline silica dust is the basic component of sand, quartz and granite;

(13) Silica-related illness, including silicosis, can develop from the prolonged inhalation of respirable silica particles;

(14) Silica claims, like asbestos claims, have involved individuals with no demonstrable physical impairment, and plaintiffs have been identified through the use of for-profit, screening companies;

(15) Silica screening processes have been found subject to substantial abuse and potential fraud;

(16) The cost of compensating plaintiffs who have no present asbestos-related or silica-related physical impairment, and the cost of litigating their claims, jeopardizes the ability of defendants to compensate people with cancer and other serious asbestos-related diseases and adversely affects defendant companies;

(17) Concerns about statutes of limitations and available funds can prompt unimpaired asbestos and silica claimants to bring lawsuits in order to protect against losing their rights to future compensation should they become impaired;

(18) Trial consolidations, joinders and similar trial procedures used by some courts to handle asbestos and silica cases can undermine the appropriate functioning of the courts, deny due process to plaintiffs and defendants and encourage the filing of cases by unimpaired asbestos and silica plaintiffs; and

(19) The public interest requires giving priority to the claims of exposed individuals who are sick in order to help preserve, now and for the future, defendants’ ability to compensate people who develop cancer and other serious asbestos-related diseases, as well as silica-related injuries, and to safeguard the jobs, benefits and savings of workers in West Virginia and the well-being of the West Virginia economy.

(1) Give priority to asbestos and silica claimants who can demonstrate actual physical impairment caused by exposure to asbestos or silica;

(2) Toll the running of the statutes of limitations for persons who have been exposed to asbestos or to silica but who have no present physical impairment caused by such exposure;

(3) Enhance the ability of the courts to supervise and manage asbestos and silica cases;

(5) Conserve the defendants‛ resources to allow compensation to present and future claimants with physical impairment caused by exposure to asbestos or silica.

(1) ‘AMA Guides to the Evaluation of Permanent Impairment’ means the American Medical Association’s Guides to the Evaluation of Permanent Impairment in effect at the time of the performance of any examination or test on the exposed person required under this article.

(2) ‘Asbestos’ means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals and any of these minerals that have been chemically treated or altered, including all minerals defined as asbestos in 29 CFR §1910 at the time an asbestos action is filed.

(3) ‘Asbestos action’ means a claim for damages or other civil or equitable relief presented in a civil action arising out of, based on or related to the health effects of exposure to asbestos, including loss of consortium, wrongful death, mental or emotional injury, risk or fear of disease or other injury, costs of medical monitoring or surveillance and any other derivative claim made by or on behalf of a person exposed to asbestos or a representative, spouse, parent, child or other relative of that person. The term does not include a claim for compensatory benefits pursuant to workers’ compensation law or for veterans’ benefits or claims brought by a person as a subrogee by virtue of the payment of benefits under a workers’ compensation law.

(4) ‘Asbestosis’ means bilateral diffuse interstitial fibrosis of the lungs caused by inhalation of asbestos fibers.

(5) ‘Board-certified in internal medicine’ means a physician who is certified by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine and whose certification was current at the time of the performance of any examination and rendition of any report required by this article.

(6) ‘Board-certified in occupational medicine’ means a physician who is certified in the subspecialty of occupational medicine by the American Board of Preventive Medicine or the American Osteopathic Board of Preventive Medicine and whose certification was current at the time of the performance of any examination and rendition of any report required by this article.

(7) ‘Board-certified in pathology’ means a physician who holds primary certification in anatomic pathology or clinical pathology from the American Board of Pathology or the American Osteopathic Board of Pathology, whose certification was current at the time of the performance of any examination and rendition of any report required by this Act, and whose professional practice is principally in the field of pathology and involves regular evaluation of pathology materials obtained from surgical or postmortem specimens.

(8) ‘Board-certified in pulmonary medicine’ means a physician who is certified in the subspecialty of pulmonary medicine by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine and whose certification was current at the time of the performance of any examination and rendition of any report required by this article.

(9) ‘Certified B-reader’ means an individual who has qualified as a National Institute for Occupational Safety and Health (NIOSH) ‘final’ or ‘B-reader’ of x-rays under 42 CFR § 37.51(b), whose certification was current at the time of any readings required under this article, and whose B-reads comply with the NIOSH B-Reader’s Code of Ethics, Issues in Classification of Chest Radiographs and Classification of Chest Radiographs in Contested Proceedings.

(10) ‘Chest x-ray’ means chest films taken in accordance with all applicable state and federal regulatory standards and taken in the posterior-anterior view.

(11) ‘DLCO’ means diffusing capacity of the lung for carbon monoxide, which is the measurement of carbon monoxide transfer from inspired gas to pulmonary capillary blood.

(12) ‘Exposed person’ means a person whose exposure to asbestos or silica or to asbestos-containing or silica-containing products is the basis for an asbestos or silica action.

(13) ‘FEV1' means forced expiratory volume in the first second, which is the maximal volume of air expelled in one second during performance of simple spirometric tests.

(14) ‘FEV1/FVC’ means the ratio between the actual values for FEV1 over FVC.

(15) ‘FVC’ means forced vital capacity, which is the maximal volume of air expired with maximum effort from a position of full inspiration.

(16) ‘ILO’ system and ‘ILO scale’ mean the radiological ratings and system for the classification of chest x-rays of the International Labor Office provided in Guidelines for the Use of ILO International Classification of Radiographs of Pneumoconioses in effect on the day any x-rays of the exposed person were reviewed by a certified B-reader.

(17) ‘Nonmalignant condition’ means any condition that can be caused by asbestos or silica other than a diagnosed cancer.

(18) ‘Official statements of the American Thoracic Society’ means lung function testing standards set forth in statements from the American Thoracic Society including standardizations of spirometry, standardizations of lung volume testing, standardizations of diffusion capacity testing or single-breath determination of carbon monoxide uptake in the lung and interpretive strategies for lung function tests, which are in effect on the day of the pulmonary function testing of the exposed person.

(19) ‘Pathological evidence of asbestosis’ means a statement by a board-certified pathologist that more than one representative section of lung tissue uninvolved with any other disease process demonstrates a pattern of peribronchiolar or parenchymal scarring in the presence of characteristic asbestos bodies graded 1(B) or higher under the criteria published in Asbestos-Associated Diseases, 106 Archive of Pathology and Laboratory Medicine 11, Appendix 3 (October 8, 1982), or grade one or higher in Pathology of Asbestosis, 134 Archive of Pathology and Laboratory Medicine 462-80 (March 2010) (Tables 2 and 3), or as amended at the time of the exam, and there is no other more likely explanation for the presence of the fibrosis.

(20) ‘Pathological evidence of silicosis’ means a statement by a board-certified pathologist that more than one representative section of lung tissue uninvolved with any other disease process demonstrates complicated silicosis with characteristic confluent silicotic nodules or lesions equal to or greater than one centimeter and birefringent crystals or other demonstration of crystal structures consistent with silica (well-organized concentric whorls of collagen surrounded by inflammatory cells) in the lung parenchyma and no other more likely explanation for the presence of the fibrosis exists, or acute silicosis with characteristic pulmonary edema, interstitial inflammation, and the accumulation within the alveoli of proteinaceous fluid rich in surfactant.

(21) ‘Plaintiff’ means a person asserting an asbestos or silica action, a decedent if the action is brought through or on behalf of an estate, and a parent or guardian if the action is brought through or on behalf of a minor or incompetent.

(22) ‘Plethysmography or body (BOX) plethysmography’ means the test for determining lung volume in which the exposed person is enclosed in a chamber equipped to measure pressure, flow, or volume change.

(23) ‘Predicted lower limit of normal’ means any test value is the calculated standard convention lying at the fifth percentile, below the upper ninety-five percent of the reference population, based on age, height and gender, according to the recommendations by the American Thoracic Society and as referenced in the applicable AMA Guides to the Evaluation of Permanent Impairment, primarily National Health and Nutrition Examination Survey (NHANES) predicted values, or as amended.

(24) ‘Pulmonary function test’ means spirometry, lung volume testing and diffusion capacity testing, including appropriate measurements, quality control data and graphs, performed in accordance with the methods of calibration and techniques provided in the applicable AMA Guides to the Evaluation of Permanent Impairment and all standards provided in the Official Statements of the American Thoracic Society in effect on the day pulmonary function testing of the exposed person was conducted.

(25) ‘Qualified physician’ means a board-certified internist, pathologist, pulmonary specialist or specialist in occupational and environmental medicine, as may be appropriate to the actual diagnostic specialty in question, that meets all of the following requirements:

(A) The physician has conducted a physical examination of the exposed person and has taken or has directed to be taken under his or her supervision, direction and control, a detailed occupational, exposure, medical, smoking and social history from the exposed person, or the physician has reviewed the pathology material and has taken or has directed to be taken under his or her supervision, direction and control, a detailed history from the person most knowledgeable about the information forming the basis of the asbestos or silica action;

(B) The physician has treated or is treating the exposed person, and has or had a doctor-patient relationship with the exposed person at the time of the physical examination or, in the case of a board-certified pathologist, examined tissue samples or pathological slides of the exposed person;

(C) The physician prepared or directly supervised the preparation and final review of any medical report under this article; and

(D) The physician has not relied on any examinations, tests, radiographs, reports or opinions of any doctor, clinic, laboratory or testing company that performed an examination, test, radiograph or screening of the exposed person in violation of any law, regulation, licensing requirement or medical code of practice of the state in which the examination, test or screening.

(26) ‘Radiological evidence of asbestosis’ means a quality 1 or 2 chest x-ray under the ILO system, showing bilateral small, irregular opacities (s, t, or u) occurring primarily in the lower lung zones graded by a certified B-reader as at least 1/0 on the ILO scale.

(27) ‘Radiological evidence of diffuse bilateral pleural thickening’ means a quality 1 or 2 chest x-ray under the ILO system, showing diffuse bilateral pleural thickening of at least b2 on the ILO scale and blunting of at least one costophrenic angle as classified by a certified B-reader.

(28) ‘Radiological evidence of silicosis’ means a quality 1 or 2 chest x-ray under the ILO system, showing bilateral predominantly nodular or rounded opacities (p, q or r) occurring in the lung fields graded by a certified B-reader as at least 1/0 on the ILO scale or A, B or C sized opacities representing complicated silicosis or acute silicosis with characteristic pulmonary edema, interstitial inflammation, and the accumulation within the alveoli of proteinaceous fluid rich in surfactant.

(29) ‘Silica’ means a respirable crystalline form of silicon dioxide, including quartz, cristobalite and tridymite.

(30) ‘Silica action’ means a claim for damages or other civil or equitable relief presented in a civil action arising out of, based on or related to the health effects of exposure to silica, including loss of consortium, wrongful death, mental or emotional injury, risk or fear of disease or other injury, costs of medical monitoring or surveillance and any other derivative claim made by or on behalf of a person exposed to silica or a representative, spouse, parent, child or other relative of that person. The term does not include a claim for compensatory benefits pursuant to workers’ compensation law or, veterans’ benefits, or claims brought by a person as a subrogee by virtue of the payment of benefits under a workers’ compensation law. The term does not include any administrative claim or civil action related to coal workers’ pnuemoconiosis.

(31) ‘Silicosis’ means simple silicosis, acute silicosis, accelerated silicosis or chronic silicosis caused by the inhalation of respirable silica. ‘Silicosis’ does not mean coal workers’ pnuemoconiosis.

(32) ‘Spirometry’ means a test of air capacity of the lung through a spirometer to measure the volume of air inspired and expired.

(33) ‘Substantial occupational exposure to asbestos’ means employment in an industry and occupation in which, for a substantial portion of a normal work year for that industry and occupation, the exposed person did any of the following:

(B) Fabricated asbestos-containing products so that the person was exposed to asbestos in the fabrication process;

(C) Altered, repaired, or otherwise worked with an asbestos-containing product in a manner that exposed the person on a regular basis to asbestos; or

(D) Worked in close proximity to other workers engaged in any of the activities described in paragraph (A), (B) or (C) of this subdivision in a manner that exposed the person on a regular basis to asbestos.

(34) ‘Substantial occupational exposure to silica’ means employment in an industry and occupation in which, for a substantial portion of a normal work year for that industry and occupation, the exposed person did any of the following:

(B) Fabricated silica-containing products so that the person was exposed to silica in the fabrication process;

(C) Altered, repaired, or otherwise worked with a silica-containing product in a manner that exposed the person on a regular basis to silica; or

(353) ‘Supporting test results’ means copies of the following documents and images:

(A) Pulmonary function tests, including printouts of the flow volume loops, volume time curves, DLCO graphs, lung volume tests and graphs, quality control data and other pertinent data for all trials and all other elements required to demonstrate compliance with the equipment, quality, interpretation and reporting standards set forth herein;

(F) All other tests reviewed by the diagnosing physician or a qualified physician in reaching the physician’s conclusions.

(364) ‘Timed gas dilution’ means a method for measuring total lung capacity in which the subject breathes into a spirometer containing a known concentration of an inert and insoluble gas for a specific time, and the concentration of that inert and insoluble gas in the lung is compared to the concentration of that type of gas in the spirometer.

(375) ‘Total lung capacity’ means the volume of gas contained in the lungs at the end of a maximal inspiration.

(386) ‘Veterans’benefits program’ means a program for benefits in connection with military service administered by the Veterans’ Administration under Title 38 of the United States Code.

(397) ‘Workers’ compensation law’ means a law relating to a program administered by the United States or a state to provide benefits, funded by a responsible employer or its insurance carrier, for occupational diseases or injuries or for disability or death caused by occupational diseases or injuries. The term includes the Longshore and Harbor Workers’ Compensation Act, 33 U. S. C. §§901 et seq., and the Federal Employees’ Compensation Act, Chapter 81 of Title 5 of the United States Code, but does not include the Federal Employers’ Liability Act of April 22, 1908, 45 U. S. C. §§51 et seq.

§55-7F-4. Filing claims, establishment of a prima facie case, additional required information for new nonmalignant claims, individual actions to be filed.

(a) A plaintiff in an asbestos or silica action alleging a nonmalignant condition shall file within ninety days of filing the complaint or other initial pleading a detailed narrative medical report and diagnosis, signed by a qualified physician and accompanied by supporting test results, constituting prima facie evidence that the exposed person meets the requirements of this article. The report shall not be prepared by a lawyer or person working for or on behalf of a lawyer or law firm.

(b) A defendant in an asbestos or silica action shall be afforded a reasonable opportunity before trial to challenge the adequacy of the prima facie evidence that the exposed person meets the requirements of this article. An asbestos or silica action shall be dismissed without prejudice upon a finding that the exposed person has failed to make the prima facie showing required by this article.

(c) A plaintiff in an asbestos or silica action filed on or after the effective date of this article shall also include an information form with the complaint for nonmalignant conditions containing all of the following with the:

(1) The name, address, date of birth, social security number, marital status, occupation and employer of the exposed person and any person through which the exposed person alleges exposure;

(2) The plaintiff’s relationship to the exposed person or the person through which the exposure is alleged;

(3) To the best of the plaintiff’s ability, the location and manner of each alleged exposure, including the specific location and manner of exposure for any person through which the exposed person alleges exposure, the beginning and ending dates of each alleged exposure, and the identity of the manufacturer of the specific asbestos or silica product for each exposure when this information is reasonably available;

(4) The identity of the defendant or defendants against whom the plaintiff asserts a claim;

(5) The specific asbestos-related or silica-related disease claimed to exist; and

(6) Any supporting documentation relating to subdivisions (3), (4) and (5) of this subsection.

(d) Asbestos and silica actions must be individually filed. No asbestos or silica action filed on or after the effective date of this article shall be permitted on behalf of a group or class of plaintiffs.

§55-7F-5. Elements of proof for asbestos actions alleging a nonmalignant asbestos-related condition.

(a) No asbestos action related to an alleged nonmalignant asbestos-related condition may be brought or maintained in the absence of prima facie evidence that the exposed person has a physical impairment for which asbestos exposure was a substantial contributing factor. The plaintiff shall make a prima facie showing of claim for each defendant and include a detailed narrative medical report and diagnosis signed under oath by a qualified physician that includes all of the following:

(1) Radiological or pathological evidence of asbestosis or radiological evidence of diffuse bilateral pleural thickening or a high-resolution computed tomography scan showing evidence of asbestosis or diffuse pleural thickening;

(2) A detailed occupational and exposure history from the exposed person or, if that person is deceased, from the person most knowledgeable about the exposures that form the basis of the action, including identification of all of the exposed person’s principal places of employment and exposures to airborne contaminants and whether each place of employment involved exposures to airborne contaminants, including asbestos fibers or other disease causing dusts or fumes, that may cause pulmonary impairment and the nature, duration, and level of any exposure;

(3) A detailed medical, social and smoking history from the exposed person or, if that person is deceased, from the person most knowledgeable, including a thorough review of the past and present medical problems of the exposed person and their most probable cause;

(4) Evidence verifying that at least fifteen years have elapsed between the exposed person’s date of first exposure to asbestos and the date of diagnosis;

(5) Evidence from a personal medical examination and pulmonary function testing of the exposed person or, if the exposed person is deceased, from the person’s medical records, that the exposed person has or the deceased person had a permanent respiratory impairment rating of at least Class 2 as defined by and evaluated pursuant to the AMA’s Guides to the Evaluation of Permanent Impairment or reported significant changes year to year in lung function for FVC, FEV1 or DLCO as defined by the American Thoracic Society’s Interpretative Strategies for Lung Function Tests, 26 European Respiratory Journal 948-68, 961-62, Table 12 (2005) and as updated;

(6) Evidence that asbestosis or diffuse bilateral pleural thickening, rather than chronic obstructive pulmonary disease, is a substantial factor to the exposed person’s physical impairment, based on a determination the exposed person has:

(A) Forced vital capacity below the predicted lower limit of normal and FEV1/FVC ratio (using actual values) at or above the predicted lower limit of normal;

(B) Total lung capacity, by plethysmography or timed gas dilution, below the predicted lower limit of normal; or

(C) A chest x-ray showing bilateral small, irregular opacities (s, t or u) graded by a certified B-reader as at least 2/1 on the ILO scale; and

(7) The specific conclusion of the qualified physician signing the report that exposure to asbestos was a substantial contributing factor to the exposed person’s physical impairment and not more probably the result of other causes. An opinion that the medical findings and impairment are consistent with or compatible with exposure to asbestos, or words to that effect, do not satisfy the requirements of this subdivision.

(b) If the alleged nonmalignant asbestos-related condition is a result of an exposed person living with or having extended contact with another exposed person who, if the asbestos action had been filed by the other exposed person would have met the requirements of subdivision (2), subsection (a) of this section, and the exposed person alleges extended contact with the other exposed person during the relevant time period, the detailed narrative medical report and diagnosis shall include all of the information required by subsection (a) of this section, except that the exposure history required under subdivision (2), subsection (a) of this section shall describe the exposed person‛s history of exposure to the other exposed person.

No silica action related to alleged silicosis may be brought or maintained in the absence of prima facie evidence that the exposed person has a physical impairment as a result of silicosis. The plaintiff shall make a prima facie showing of claim for each defendant and include a detailed narrative medical report and diagnosis signed under oath by a qualified physician that includes all of the following:

(1) Radiological or pathological evidence of silicosis or a high-resolution computed tomography scan showing evidence of silicosis;

(2) A detailed occupational and exposure history from the exposed person or, if that person is deceased, from the person most knowledgeable about the exposures that form the basis of the action, including identification of all principal places of employment and exposures to airborne contaminants and whether each place of employment involved exposures to airborne contaminants, including silica or other disease causing dusts or fumes, that may cause pulmonary impairment and the nature, duration and level of any exposure;

(4) Evidence that a sufficient latency period has elapsed between the exposed person’s date of first exposure to silica and the day of diagnosis;

(5) Evidence based upon a personal medical examination and pulmonary function testing of the exposed person or, if the exposed person is deceased, based upon the person’s medical records, demonstrating that the exposed person has or the deceased person had a permanent respiratory impairment rating of at least Class 2 as defined by and evaluated pursuant to the AMA’s Guides to the Evaluation of Permanent Impairment or reported significant changes year to year in lung function for FVC, FEV1 or DLCO as defined by the American Thoracic Society’s Interpretative Strategies for Lung Function Tests, 26 European Respiratory Journal 948-68, 961-62, Table 12 (2005) and as updated; and

(6) The specific conclusion of the qualified physician signing the report that exposure to silica was a substantial contributing factor to the exposed person’s physical impairment and not more probably the result of other causes. An opinion stating that the medical findings and impairment are consistent with or compatible with exposure to silica, or words to that effect, do not satisfy the requirements of this subdivision.

Evidence relating to physical impairment, including pulmonary function testing and diffusing studies, offered in any action governed by this article or article seven-e of this chapter, shall:

(1) Comply with the quality controls, equipment requirements, methods of calibration and techniques set forth in the AMA’s Guides to the Evaluation of Permanent Impairment and all standards set forth in the Official Statements of the American Thoracic Society which are in effect on the date of any examination or pulmonary function testing of the exposed person required by this article;

(2) Not be obtained and may not be based on testing or examinations that violate any law, regulation, licensing requirement, or medical code of practice of the state in which the examination, test, or screening was conducted, or of this state; and

(3) Not be obtained under the condition that the plaintiff or exposed person retains the legal services of the attorney or law firm sponsoring the examination, test or screening.

(a) Evidence relating to the prima facie showings required under this article shall not create any presumption that the exposed person has an asbestos-related or silica-related injury or impairment and shall not be conclusive as to the liability of any defendant.

(b) No evidence shall be offered at trial, and the jury shall not be informed of:

(1) The grant or denial of a motion to dismiss an asbestos or silica action under the provisions of this article; or

(2) The provisions of this article with respect to what constitutes a prima facie showing of asbestos or silica-related impairment.

(c) Until a court enters an order determining that the exposed person has established prima facie evidence of impairment, no asbestos or silica action shall be subject to discovery, except discovery related to establishing or challenging the prima facie evidence or by order of the trial court upon motion of one of the parties and for good cause shown.

(1) A court may consolidate for trial any number and type of nonmalignant asbestos or silica actions with the consent of all the parties. In the absence of such consent, the court may consolidate for trial only asbestos or silica actions relating to the exposed person and members of that person’s household.

(2) No class action or any other form of mass aggregation relating to more than one exposed person and members of that person’s household shall be permitted.

(3) The provisions of this subsection do not preclude consolidation of cases by court order for pretrial or discovery purposes.

(a) With respect to an asbestos or silica action not barred by limitations as of this article’s effective date, an exposed person’s cause of action shall not accrue, nor shall the running of limitations commence, prior to the earlier of the date:

(1) The exposed person received a medical diagnosis of an asbestos-related impairment or silica-related impairment;

(2) The exposed person discovered facts that would have led a reasonable person to obtain a medical diagnosis with respect to the existence of an asbestos-related impairment or silica-related impairment; or

(3) The date of death of the exposed person having an asbestos-related or silica-related impairment.

(b) Nothing in this section shall be construed to revive or extend limitations with respect to any claim for asbestos-related impairment or silica-related impairment that was otherwise time-barred on the effective date of this article.

(c) Nothing in this section shall be construed so as to adversely affect, impair, limit, modify, or nullify any settlement or other agreements with respect to an asbestos or silica action entered into prior to the effective date of this article.

(d) An asbestos or silica action arising out of a nonmalignant condition shall be a distinct cause of action from an action for an asbestos-related or silica-related cancer. Where otherwise permitted under state law, no damages shall be awarded for fear or increased risk of future disease in an asbestos or silica action.

This article shall apply to all asbestos actions and silica actions filed on or after the effective date of this article.”

Com. Sub. for S. B. 436, Relating to State Athletic Commission; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on Government Organziation, was reported by the Clerk and adopted, amending the bill on page one, after the enacting clause, by striking out the enacting section and the remainder of the bill in its entirety and inserting in lieu thereof the following:

“That §29-5A-12 of the Code of West Virginia, 1931, as amended, be repealed; that §29-5A-1, §29-5A-2, §29-5A-3, §29-5A-3a, §29-5A-5, §29-5A-6, §29-5A-8, §29-5A-17, §29-5A-19, §29-5A-20 and §29-5A-24 of said code be amended and reenacted; and that said code be amended by adding thereto two new sections, designated §29-5A-1a and §29-5A-3b, all to read as follows:

The State Boxing Commission, heretofore created, is hereby continued and renamed the State Athletic Commission. The commission shall consist of five persons appointed by the Governor, by and with the consent of the Senate, no more than three of whom shall belong to the same political party and no two of whom shall be residents of the same county at the same time. One member shall have at least three years of experience in the sport of boxing. One member shall have at least three years of experience in the sport of mixed martial arts. One member shall have at least three years of experience in the health care industry as a licensed physician, registered nurse, nurse practitioner or physicians assistant. Two members shall be citizen members who are not licensed under the provisions of this article and who do not perform any services related to the persons regulated under this article. The members shall serve without pay. The present members and terms of the members of the State Boxing Commission shall continue as the State Athletic Commission. At the expiration of the term of each member, his or her successor shall be appointed by the Governor for a term of four years. In the event of If there is a vacancy in said the board, said the vacancy shall likewise be filled by appointment by the Governor and the Governor shall likewise have the power to remove any commissioner at his or her pleasure. Any three members of the commission shall constitute a quorum for the exercise of the power or authority conferred upon it. The members of the commission shall at the first meeting after their appointment elect one of their number chairman of the commission, and another of their number secretary of the commission, shall adopt a seal for the commission, and shall make such rules for the administration of their office, not inconsistent herewith, as they may deem consider expedient; and they may hereafter amend or abrogate such rules. The concurrence of at least three commissioners shall be is necessary to render a choice or decision of the commission.

§29-5A-1a. Commission office; administrative support provided by Lottery Commission.

The office of the commission shall be located on the same premises as the office of the Lottery Commission and the Lottery Commission shall provide the commission with any necessary administrative support or management, including but not limited to:

(2) Maintaining an accurate and published registry of names, addresses and relevant information of all licensees; and

§29-5A-2. Powers and duties of secretary; penalty for false swearing, etc.; biennial reports of commission.

The office of the commission may be changed at pleasure by the said commission. The commission may designate as its official headquarters the residence or place of business of any one of its members. It shall be the duty of the secretary to keep a full and true record of all proceedings of said commission, to preserve all its books, documents and papers, to prepare for service such notices and other papers as may be required of him or her by the commission, and to perform such other duties as the commission may prescribe; and he or she may at the direction of the commission issue subpoenas for the attendance of witnesses before the commission with the same effect as if they were issued in an action in any circuit court of the state, and may administer oaths in all matters pertaining to the duties of his or her office or connected with the administration of the affairs of the commission. The subpoenas shall be on forms prescribed by the commission and served by the sheriff’s department of the county in which the individual being subpoenaed resides. Such subpoenas shall be signed by at least two members. Disobedience of such subpoena and false swearing before such secretary shall be attended by the same consequences and be subject to the same penalties as if such disobedience or false swearing occurred in an action in any circuit court of the state. The commission shall make to the Legislature biennial reports of their proceedings for the two years ending with the last day of the preceding December, and may submit with such report such recommendations pertaining to its affairs, as to it shall seem advisable.

§29-5A-3. Commission to have sole control of boxing, etc., matches; licenses; municipality not to tax boxing, etc., club.

(a) The commission has sole direction, management and control of the jurisdiction over all amateur, professional and semiprofessional boxing, sparring matches and exhibitions, or any form thereof, to be conducted, held or given within the state by any club, individual, corporation or association. As used in this article, the term ‘boxing’ includes any fighting event that includes or permits the striking of an opponent with a closed fist, even if wrestling moves, elements of martial arts, or striking an opponent with the feet are also permitted. No boxing, sparring or exhibition may be conducted, held or given within the state except pursuant to the commission’s authority and held in accordance with this article. The commission may, in its discretion, issue and, at its pleasure, revoke the license to conduct, hold or give boxing or sparring matches or exhibitions to any club, corporation, association or individual. Every license is subject to rules the commission may prescribe. Every application for a license shall be on a blank form provided by the commission. No promoter’s license may be granted to any club, corporation, association or individual, unless the signer of the application is a bona fide resident of the state of West Virginia. Upon application of the promoter’s license, the promoter shall pay a state license fee of $125 for one year. The fee is nonrefundable and shall be paid in the form of a certified check or money order and shall be issued to the treasurer of the state of West Virginia to be deposited in the general fund fund set forth in section three-b of this article. If the license is not granted, the treasurer shall refund the full amount. Nonprofit chartered and charitable organizations are exempt from this license fee for all amateur events. No municipal corporation may impose any license tax on boxing, sparring or exhibition clubs, notwithstanding the provisions of any section of the code respecting municipal taxes and licenses. The granting of a license to a club by the commission, or the holding of a license by a club, individual, corporation or association, does not prevent the commission from canceling or revoking the license to conduct an event, as provided in this section.

(b) In exercising its jurisdiction over professional, and semiprofessional and amateur boxing, sparring matches and exhibitions, the commission shall follow the current United States boxing authority rules and requirements unified rules of boxing adopted by the Association of Boxing Commissions and requirements to enable the proper sanctioning of all participants, referees, judges and matches or exhibitions conducted under the rules described in subdivision (1), subsection (c), section twenty-four of this article and shall cooperate fully with the boxing authority Association of Boxing Commissions in order that the sanctioning be extended to state boxers. The commission shall supervise all amateur boxing conducted in this state and any such contest shall follow the amateur rules for boxing as adopted by the United States Amateur Boxing Authority. For full contact boxing events and other boxing events that follow nontraditional rules, the commission may impose any limitations or restrictions reasonably necessary to guarantee the safety of the participants and the fair and honest conducting of the matches or exhibitions and may refuse to license any event that poses an unreasonable degree of risk to the participants.

(a) The commission has sole power, direction, management and control over all professional and amateur mixed martial arts contests, matches and exhibitions, or any form thereof, to be promoted, conducted, held or given within the state.

(b) As used in this article, the term ‘mixed martial arts’ means a combative sporting contest, the rules of which allow two competitors to attempt to achieve dominance over one another by utilizing a variety of techniques including, but not limited to, striking, grappling and the application of submission holds.

(c) A mixed martial arts contest, match or exhibition promoted, conducted, held or given within the state shall be under the commission’s authority and be in accordance with the provision of this section. The provisions of this article that apply to boxing shall also apply to mixed martial arts as appropriate.

(d) In exercising its jurisdiction over professional and amateur mixed martial arts contests matches and exhibitions, the commission shall follow the current unified rules of mixed martial arts as adopted by the Association of Boxing Commissions, to enable the proper equipment, fighting area and weight classes to ensure the safety of contestants and ensure the licensing of all participants, referees and judges, and the approval of contests, matches or exhibitions conducted under the provisions of this section.

(e) The commission may issue and revoke a license to promote, conduct, hold or give mixed martial arts contests, matches or exhibitions and may issue and revoke a license to be a contestant. Each license is subject to the provisions of this section and article, and the rules of the commission.

(f) The commission shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this section, including:

(1) Procedures and requirements for the issuance and renewal of licenses: Provided, That the procedures and requirements shall may not:

(6) Limitations or restrictions necessary to guarantee the safety of the participants;

(7) The requirements for fair and honest conducting of the contests, matches or exhibitions; and

(g) Notwithstanding the provisions of this code to the contrary, a municipality may not impose a municipal license tax under section four, article thirteen, chapter eight of this code on mixed martial arts clubs. The granting of a license to a club by the commission, or the holding of a license by a club, individual, corporation or association, does not prevent the commission from revoking the license to conduct an event, as provided in this section: Provided, That nothing in this subsection limits the authority of a municipality to impose any other taxes or fees on mixed martial arts contests, matches or exhibitions pursuant to article thirteen, chapter eight of this code.

(a) All moneys collected shall be deposited in a special account in the State Treasury to be known as the ‘State Athletic Commission Fund’. Expenditures from the fund shall be for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter eleven-b of this code: Provided, That for the fiscal year ending the thirtieth day of June, 2016 expenditures are authorized from collections rather than pursuant to appropriation by the Legislature.

(b) A supplemental appropriation may be authorized by the legislature for administrative expenditures that exceed collections in the fiscal years ending June 30, 2016, June 30, 2017, and June 30, 2018 or until such time as the Commission collections are sufficient to fully fund its operations.

(c) All money collected and deposited in the State Athletic Commission Fund that remains after the Commission satisfies its administrative operating obligations shall be surplus revenue funds available for appropriation: Provided, That the Commission may retain surplus revenue funds as long as it allocates the surplus for a specific purpose and approves such funds be carried-forward for use in the following fiscal year prior to the end of the fiscal year in which the revenues were collected.

On or before December thirty-one of each year, the secretary of the commission shall present to the governor projected expenses for the following year. Such projections shall include all expenses of the commission and its official headquarters. Necessary expenses incurred by the commission shall be submitted on a standard expense form to the treasurer of the state of West Virginia to be paid from the general fund State Athletic Commission Fund except in such circumstances referred to in subdivision (b), section 3b of this article designating such expenses be paid from the general fund. Such expenses shall not exceed five thousand five hundred dollars per year.

The deputy, inspector or other officials designated by the commission to be in charge of a boxing or mixed martial arts event shall be paid by the promoter at a minimum rate of seventy-five dollars for each weigh-in ceremony and seventy-five dollars for each day of bouts $75 per day for services performed prior to any event at a weigh-in and each day of an event. Provided, That not more than one official designated by the commisssion to be in charge of a boxing or mixed martial arts event may receive compensation for services performed. If a weigh-in occurs within three hours before the boxing bouts are scheduled to begin, the deputy, inspector or other officials will be paid only seventy-five dollars $75 once for that particular night or day’s events. Judges, timekeepers and inspectors shall be paid by the promoter at a minimum rate of fifty dollars $50 per day for services performed prior to any event and each day of an event. Referees shall be paid by the promoter at a minimum rate of seventy-five dollars $75 per day of bouts. Payments to the officials in charge, judges, timekeepers, inspectors or referees exceeding the amounts under this section are prohibited without prior written consent of the promoter: Provided, That the commission may revise any fees paid to officials through legislative rule making process beginning June 30, 2018, and every three years thereafter. The commission may not revoke an event permit or license for refusal to pay a fee greater than the fees in this section; Provided, That approved officials are available, willing, and able to work the event for the proscribed fees. Deputies, inspectors, judges, referees, timekeepers or any other officials designated by the commission to be in charge of an event shall not accept, other than the fees proscribed herein, any gift, pass, or other thing of value in connection with any event.

§29-5A-8. Issuance of license; qualification for licenses; application of other provisions of chapter; hearings.

The commission, at its discretion, may issue a license to promote, conduct or hold professional boxing, professional or amateur mixed martial arts sparring matches and exhibitions to any person, corporation, association, club or organization eligible for a license under this chapter.

Before being granted a license, or the renewal of such the license, the applicant must establish to the satisfaction of the commission that he or she:

(a) Is skilled, or has knowledge, in the profession of boxing or mixed martial arts;

(d) Will conduct his or her business in the best interest and welfare of the public, preserving the safety and health of participants and the best interests of professional boxing or professional or amateur mixed martial arts generally;

(e) Will adhere to and comply with all the rules and regulations of the commission pertaining to such the license.

In the case of a corporate applicant, these factors shall pertain to its officers, directors, principal stockholders and employees.

Every license and licensee shall be is subject to such rules and regulations, and amendments thereof, as the commission may prescribe.

(a) The chief official of the boxing match or exhibition shall be the referee. The referee and judges shall be appointed by the commission and shall receive from the commission a card authorizing them to act as such, and no club shall may employ or permit anyone to act as referee except one holding such a card of authorization from the commission. The referee shall have has general supervision and control over the match or exhibition and shall be paid by the promoter a minimum of $25 for each day or night’s services. The referee shall be is limited to refereeing a maximum of thirty rounds per day or night unless special consent is given by the commission.

(b) Once appointed by the commission, the promoter bears the responsibility for ensuring the attendance of referee and judges at events. The commission shall provide promoters with advance notice of the person(s) appointed as referee and judges. A promoter, at his or her own expense, may request alternate referee(s) and judge(s) be appointed by the commission to serve in the event a first appointed referee or judge is unable to satisfy the role. Under no circumstances may a member of the commission or any employee of the commission serve as a referee or judge for a boxing or mixed martial arts contest conducted in this state.

No boxer shall be permitted to contest against an opponent ten pounds heavier than himself or herself when the weight of either contestant is less than one hundred fifty pounds. Weight classes as adopted by the Association of Boxing Commissions shall be utilized for all boxing and mixed martial arts contests conducted in this state.

No professional contestant, trainer, inspector, referee or professional manager is permitted to may take part in any boxing contest or exhibition unless holding a license from the state said license to be that is issued by the commission upon payment of $10 a year of the following annual license fee schedule: Professional contestant $25; Trainer $20; Inspector $30; Referee $30 and Professional Manager $50. Semiprofessional contestants shall pay a license fee of $10 for each event. Such fees shall accompany the application and shall be in the form of a certified check or money order and shall be issued to the Treasurer of the state of West Virginia to be deposited in the General Fund State Athletic Commission Fund. Should such If a license is not be granted, the Treasurer shall refund the full amount.

(a) The commission shall promulgate its rules in compliance propose rules for legislative approval in accordance with the provisions of article three of chapter twenty-nine-a of this code.

(b) The commission shall promulgate propose such rules as it determines to be necessary to regulate professional and semiprofessional boxers, professional or amateur mixed martial artists, and professional and semiprofessional boxing matches and exhibitions and professional or amateur mixed martial arts matches and exhibitions: Provided, That for professional boxers and boxing matches and exhibitions, the commission rules shall comply with the current unified rules of boxing as adopted by the Association of Boxing Commissions; for professional mixed martial artists and mixed martial arts matches and exhibitions, the commission rules shall comply with the current unified rules of mixed martial arts as adopted by the Association of Boxing Commissions; for amateur boxers and boxing matches or exhibitions, the commission rules shall comply with the amateur rules for boxing as adopted by the United States Amateur Boxing Authority; and for amateur mixed martial artists and mixed martial arts matches or exhibitions, the commission rules shall follow the current rules for the International Sport Karate Association, the World Kickboxing Association, or the International Sport Combat Federation at any given match or exhibition. For full contact boxing and other boxing events that follow nontraditional rules, rules guaranteeing the safety of the participants and the fair and honest conducting of the matches or exhibitions are authorized.

(c) The commission shall promulgate propose separate rules for amateur boxers and amateur boxing, sparring matches and exhibitions as follows:

(1) Rules which comply with the requirements of the rules of the current United States Amateur Boxing Authority to the extent that any boxer complying with them will be eligible to participate in any state, national or international boxing match sanctioned by the current United States Amateur Boxing Authority or the International Amateur Boxing Association.

(2) Rules which may differ from the rules of the current United States Amateur Boxing Authority but which adequately guarantee the safety of the participants and the fair and honest conducting of the matches or exhibitions. As a part of these rules, the commission shall include a requirement that all boxers participating in matches or exhibitions conducted under these rules be informed prior to such participation that such participation will disqualify them from participating in state, national or international matches and exhibitions sanctioned by the current United States Amateur Boxing Authority or the International Amateur Boxing Association.”

S. B. 445, Relating to investment of RJCFA excess funds; on second reading, coming up in regular order, was read a second time and ordered to third reading.

S. B. 454, Criminalizing trademark counterfeiting; on second reading, coming up in regular order, was read a second time and ordered to third reading.

S. B. 489, Imposing statute of limitations on civil actions derived from surveying of real property; on second reading, coming up in regular order, was read a second time and ordered to third reading.

S. B. 545, Removing certain prior bank overdraft approval by director or executive officer; on second reading, coming up in regular order, was read a second time and ordered to third reading.

S. B. 574, Relating to liquor sales by distilleries and mini-distilleries; on second reading, coming up in regular order, was read a second time and ordered to third reading.

S. B. 576, Prohibiting PSC jurisdiction of internet protocol-enabled service or voice over internet protocol-enabled service and certain telephone company transactions; on second reading, coming up in regular order, was read a second time and ordered to third reading.

S. B. 578, Relating to occupational disease claims; on second reading, coming up in regular order, was read a second time and ordered to third reading.

First ReadingCom. Sub. for S. B. 336, Eliminating Health Care Authority’s power to apply certain penalties to future rate applications; on first reading, coming up in regular order, was read a first time and ordered to second reading.

At the request of Delegate Cowles, and by unanimous consent, leave of absence for the day was granted Delegate Hartman.

At 12:10 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 5:00 p.m.

At the request of Delegate Cowles and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.

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

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.

The Speaker announced that S. B. 415 had been incorrectly reported earlier in today’s proceedings and that the corrected report indicated that the bill be referred to the Committee on Finance.

In accordance with the former direction of the Speaker, the bill (S. B. 415) was referred to the Committee on Finance.

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

S. B. 481, Relating to municipal policemen’s and firemen’s pension and relief funds’ investment,

S. B. 483, Clarifying continuing election of municipal policemen’s and firemen’s pension and relief funds’ trustees,

S. B. 514, Relating to investments of local policemen’s and firemen’s pension and relief funds,

S. B. 515, Allowing Municipal Pensions Oversight Board invest funds with Investment Management Board or Board of Treasury Investments,

S. B. 518, Permitting county and municipal economic development authorities invest certain funds,

S. B. 549, Establishing classifications and salary schedules for State Police forensic lab civilian employees,

S. B. 583, Increasing tax rate on providers of certain nursing facility services,

And reports the same back, with amendments, with the recommendation that they each do pass, as amended.

Delegate Pasdon, Chair of the Committee on Education, submitted the following report, which was received:

S. B. 19, Specifying minimum early childhood education program instruction days,

And reports the same back, with amendment, with the recommendation that it do pass, as amended.

Delegate Pasdon, Chair of the Committee on Education, submitted the following report, which was received:

S. B. 243, Relating to school nutrition standards during state of emergency or preparedness,

And reports the same back, with amendment, with the recommendation that it do pass, as amended.

Mr. Speaker, Mr. Armstead, Chair of the Committee on Rules, submitted the following report, which was received:

Com. Sub. for H. C. R. 24, The U.S. Army SP5 Johnnie Marvin Ayers Memorial Bridge,

H. C. R. 31, Declaring the Northern Red Salamander to be the official state amphibian,

Com. Sub. for H. C. R. 68, The U.S. Army Air Force SSG Harold “Dean” Baker Memorial Bridge,

S. C. R. 47, Amending the Joint Rules of the Senate and House relating to printing of enrolled bills,

H. R. 6, Proclaiming August 28, 2015 and every August 28^th as Teachers’ Day in Hardy, Grant and Hampshire counties,

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

Com. Sub. for S. B. 17, Permitting all-terrain vehicle operation on roadway under certain conditions; defining off-road motorcycle,

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 (Com. Sub. for S. B. 17) 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:

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

In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 407) 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. C. R. 77, Designating the second Friday in July as West Virginia Collector Car Appreciation Day,

Com. Sub. for S. C. R. 20, Requesting DOH name stretch of road in McDowell County “U. S. Army 1SG Joe C. Alderman Memorial Road”,

S. C. R. 22, Requesting DOH name portion of U. S. Rt. 119 in Boone County “U. S. Army SGT Mark Andrew Messer Memorial Road”,

S. C. R. 25, Requesting DOH name bridge in Harrison County “U. S. Army PFC Nick A. Cavallaro Memorial Bridge” and “U. S. Army SSG Benjamin T. Portaro Memorial Bridge”,

Com. Sub. for S. C. R. 34, Requesting DOH name bridge in Greenbrier County “U. S. Army Air Corps LT William H. Corkrean, Jr., Memorial Bridge”,

Com. Sub. for S. C. R. 35, Requesting DOH name bridge in McDowell County “U. S. Army CPL Zane Joseph Gero and U. S. Marine Corps CPL John Anthony ‘Tony’ Gero Memorial Bridge”,

S. C. R. 41, Requesting DOH name bridge in Berkeley County “W. C. Honaker and Clyde Spies Memorial Bridge”,

And reports the same back with the recommendation that they each be adopted, 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. 77, H. C. R. 79, Com. Sub. for S. C. R. 20, S. C. R. 22, S. C. R. 25, Com. Sub. for S. C. R. 34, Com. Sub. for S. C. R. 35 and S. C. R. 41) were each referred to the Committee on Rules.

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

Com. Sub. for H. C. R. 23 – “Requesting the Division of Highways to name bridge numbers 20-79-15.46, northbound and southbound (20A510 and 20A511), latitude 38.50136, longitude -81.41475, locally known as I-79 Wills Creek Overpass 2674 Bridges Northbound and Southbound, carrying Interstate 79 over County Route 53 and Wills Creek in Kanawha County, as the ‘U.S. Marine Corps PFC Clayton Andrew Craft Memorial Bridge’,”

Com. Sub. for H. C. R. 50 –“Requesting the West Virginia Division of Highways to install signs at each end of the Dingess Tunnel, located on County Route 3/05, past Laurel Lake at mile post 9.32, in Mingo County, West Virginia, that boldly state ‘Historic Dingess Tunnel, Constructed 1892' commemorating the more than 100 years of history associated with the tunnel,”

Com. Sub. for H. C. R. 53 – “Requesting the Division of Highways to name the portion of Route 119/19, beginning at a point where it intersects with Route 17 and ending at a point where it intersects with Route 28/2, in Logan County as the ‘U.S. Army SSG Styish R. Morris Memorial Road’,”

H. C. R. 80, The Army SSG Landon Clair Ray and Army SPC4 Garry Dwight Haynes Memorial Bridge,

Com. Sub. for H. C. R. 80 – “Requesting the Division of Highways to name bridge number 18-21-0.31 (18A249), locally known as the Fisher Chapel Bridge, crossing Pocatalico Creek near Sissonville in Jackson County, West Virginia the ‘U.S. Army SSG Landon Clair Ray and U.S. Army SPC4 Garry Dwight Haynes Memorial Bridge’,”

Com. Sub. for H. C. R. 90 – “Requesting the Division of Highways to name the road from the beginning of Sand Creek Road on County Route 10/15 at the bend of the Guyandotte River and State Route 10 running one-half mile on Sand Creek Road in Lincoln County, the ‘U. S. Army CPL Wilson B. Lambert, Jr. Memorial Road’,”

With the recommendation that the committee substitutes each be adopted, but that they first be referred to the Committee on Rules.

In accordance with the former direction of the Speaker, the resolutions (Com. Sub. for H. C. R. 23, Com. Sub. for H. C. R. 50, Com. Sub. for H. C. R. 53. Com. Sub. for H. C. R. 80 and Com. Sub. for H. C. R. 90) were each referred to the Committee on Rules.

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

And reports back a committee substitute therefor, with the same title, as follows: Com. Sub. for H. C. R. 63 – “Requesting the Division of Highways to name bridge number 18-25-1.03 (18A-108), locally known as Harpold Bridge, carrying County Route 25 over Mill Creek in Jackson County, the ‘Harry Ripley Memorial Bridge’,”

And reports back a committee substitute therefor, with the same title, as follows:

Com. Sub. for H. C. R. 93 – “Requesting the Division of Highways to name the bridge on U. S. Route 50, crossing the North Fork of the Cacapon River near Augusta, Hampshire County, West Virginia, map coordinates 39.31518 - 78.65962, milepost 14.95, the ‘CSA LTG Thomas J. “Stonewall” Jackson Bridge’,”

And reports back a committee substitute therefor, with the same title, as follows:

H. C. R. 102, The U. S. Army Air Corps CPT Kenneth R. Winters, Sr. Memorial Bridge,

And reports back a committee substitute therefor, with the same title, as follows:

Com. Sub. for H. C. R. 102 – “Requesting the Division of Highways to name the twin bridges on Interstate 79, over County Route 24 in Harrison County, bridge number 17-79-121.32 NB-SB (17A316 and 17A317), latitude 39.30697, longitude -80.27468, locally known as the Meadowbrook Road Overpass, the ‘U.S. Army Air Corps CPT Kenneth R. Winters, Sr. Memorial Bridge’,”

With the recommendation that the committee substitutes each be adopted, but that they first be referred to the Committee on Rules.

In accordance with the former direction of the Speaker, the resolutions (Com. Sub. for H. C. R. 63, Com. Sub. for H. C. R. 93 and Com. Sub. for H. C. R. 102) were each referred to the Committee on Rules.

Delegate Pasdon, Chair of the Committee on Education, submitted the following report, which was received:

H. C. R. 105, Recognizing West Virginia University Institute of Technology as a vital part of higher education in West Virginia,

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 Rules.

In accordance with the former direction of the Speaker, the resolution (H. C. R. 105) was referred to the Committee on Rules.

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 9^th day of March, 2015, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

(H. B. 2099), Extending the time of meetings of local levying bodies when meetings are delayed,

(Enr. H. B. 2201), Requiring the Public Service Commission to adopt certain net metering and interconnection rules and standards,

(Com. Sub. for H. B. 2457), Prohibiting the use of the name or likeness of elected or appointed officials on publicly-owned vehicles,

(H. B. 2523), Creating a special revenue account to offset costs for the West Virginia State Police 100^th Anniversary in 2019,

(H. B. 2760), Making a supplementary appropriation to the Bureau of Senior Services - Lottery Senior Citizens Fund,

(H. B. 2764), Making a supplementary appropriation to the State Department of Education - School Building Authority,

H. B. 2770), Making a supplementary appropriation from the State Fund, State Excess Lottery Revenue Fund, to the Division of Human Services,

(H. B. 2879), Relating to certain limitations on amount of state funds on deposit in any depository,

(H. B. 2933), Making a supplementary appropriation to the Department of Administration, Public Defender Services.

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 9^th day of March, 2015, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

(S. B. 389), Relating to Board of Registration for Professional Engineers license renewals and reinstatements,

(S. B. 466), Making supplementary appropriation of federal funds to Department of Commerce,

(S. B. 467), Making supplementary appropriation of federal funds to Department of Agriculture, State Conservation Committee,

(S. B. 469), Making supplementary appropriation of federal funds to DEP, Division of Environmental Protection,

(S. B. 471), Making supplementary appropriation of federal funds to DHHR, Human Rights Commission, and DHHR, DHS,

(S. B. 473), Making supplementary appropriation of federal funds to DMAPS, WV State Police,

(S. B. 476), Making supplementary appropriation to Department of Administration, Division of Purchasing, Purchasing Improvement Fund,

(S. B. 477), Supplementing, amending, decreasing and increasing appropriation from State Road Fund to DOH.

On motion for leave, resolutions were introduced (Originating in the Committee on Education and reported with the recommendation that they be adopted, but that they each be referred to the Committee on Rules), which were read by their titles, as follow:

By Delegates Pasdon, Duke, Ambler, Campbell, Cooper, Ellington, Espinosa, Evans, Hamrick, Hornbuckle, Kelly, Kurcaba, Moye, Perdue, Perry, Pushkin, Reynolds, Rodighiero, Rohrbach, Romine, Rowan, Statler, Trecost, Upson and Wagner:

H. C. R. 114 -“Requesting that the Joint Committee on Government and Finance study the

circumstances where West Virginia home schooled students who have completed their course work should be authorized to take the GED test, the TASC test or other approved high school equivalency assessments and earn a West Virginia High School Equivalency Diploma,”

H. C. R. 115 - “ Requesting the Joint Committee on Government and Finance to conduct a

H. C. R. 116 - “Requesting the Joint Committee on Government and Finance to conduct a study on appropriate limits on the number, time and uses of state summative assessments.”

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

And reports the same back, with amendment, with the recommendation that it do pass, as amended.

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

Com. Sub. for S. B. 170, Authorizing Bureau of Commerce promulgate legislative rules,

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

Com. Sub. for S. B. 192, Authorizing Department of Transportation promulgate legislative rules,

And reports the same back, with amendment, with the recommendation that it do pass, as amended,

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

Com. Sub. for S. B. 199, Authorizing miscellaneous agencies and boards promulgate legislative rules,

And reports the same back, with amendment, with the recommendation that it do pass, as amended.

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

Com. Sub. for S. B. 284, Relating to chief law-enforcement officer’s requirement to certify transfer or making of certain firearms,

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

S. B. 360, Repealing code sections relating to book indexes and claims reports required by court clerks,

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

Com. Sub. for S. B. 409, Establishing Fair and Open Competition in Governmental Construction Act,

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

S. B. 580, Relating to statute of limitations on health care injury claims for minors,

And reports the same back, with amendment, with the recommendation that it do pass, as amended.

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

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

In accordance with the former direction of the Speaker, the bill (S. B. 479) was referred to the Committee on Finance.

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

H. B. 2016, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution,

And reports back a committee substitute therefore, with the same title, as follows:

Com. Sub. for H. B. 2016 - “A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution,”

Delegate Pasdon, Chair of the Committee on Education, submitted the following report, which was received:

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

In accordance with the former direction of the Speaker, the bill (S. B. 439) was referred to the Committee on Finance.

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

On motions for leave, resolutions were introduced (Originating in the Committee on Government Organization and reported with the recommendation that they each be adopted, but that they first be referred to the Committee on Rules), which were read by their titles, as follows:

By Delegates Howell, Arvon, Border-Sheppard, Cadle, Caputo, Eldridge, Ferro, Hamrick, Ihle, Kessinger, Marcum, McGeehan, Moffatt, Morgan, J. Nelson, R. Phillips, P. Smith, R. Smith, Sponaugle, Stansbury and Zatezalo:

H. C. R. 117 - “Requesting the Joint Committee on Government and Finance conduct a study of the various county requirements to obtain a food handlers permit or card, the necessity for statewide minimum standards, including the option to obtain a statewide food handlers permit, and the benefit to workers and businesses of recognizing a company’s training and testing in lieu of a county test,”

By Delegates Howell, Arvon, Border-Sheppard, Cadle, Caputo, Eldridge, Faircloth, Ferro, Hamrick, Hill, Ihle, Kessinger, Marcum, McGeehan, Moffatt, Morgan, J. Nelson, R. Phillips, P. Smith, R. Smith, Sponaugle, Stansbury and Zatezalo:

H. C. R. 118 - “Requesting the Joint Committee on Government and Finance conduct a study of agencies that are exempt from article three, chapter five-a and their policies and procedures for procurement, if any,”

H. C. R. 119 - “Requesting the Joint Committee on Government and Finance conduct a study of creating a Statewide Interoperable Radio Network by statute,”

H. C. R. 120 - “Requesting the Joint Committee on Government and Finance authorize a study on the James “Tiger” Morton catastrophic illness fund,”

By Delegates Howell, Arvon, Border-Sheppard, Cadle, Caputo, Eldridge, Faircloth, Ferro, Hamrick, Hill, Ihle, Kessinger, Marcum, McGeehan, Moffatt, J. Nelson, R. Phillips, P. Smith, R. Smith, Sponaugle, Stansbury and Zatezalo:

H. C. R. 121 - “Requesting the Joint Committee on Government and Finance authorize a study on the current West Virginia Department of Health and Human Resources Managed Care contracting strategy,”

H. C. R. 122 - “Requesting the Joint Committee on Government and Finance authorize a study on increasing state government budget and spending transparency,”

H. C. R. 123 - “Requesting the Joint Committee on Government and Finance conduct a study of the impact of admitting all Class I, II, III, and IV municipalities to the Municipal Home Rule Pilot Program on the Home Rule Board in processing and reviewing plans, on the Tax Commissioner in administering, enforcing and collecting a municipal sales tax, and on businesses who must remit a municipal sales tax enacted by a municipality,”

H. C. R. 124 - “Requesting that the Joint Committee on Government and Finance authorize a study on the regulation of public utilities by political subdivisions of the State of West Virginia,”

By Delegates Howell, Arvon, Border-Sheppard, Cadle, Caputo, Eldridge, Faircloth, Ferro, Hamrick, Ihle, Kessinger, Marcum, McGeehan, Moffatt, Morgan, J. Nelson, R. Phillips, P. Smith, R. Smith, Sponaugle, Stansbury and Zatezalo:

H. C. R. 125 – “Requesting the Joint Committee on Government and Finance conduct a study of public access and availability in one location to all ordinances, rules and regulations adopted by a county commission or municipality in this state.”

The Clerk of the Senate, announced that the Senate had passed, with a title amendment, a bill of the House of Delegates, as follows:

On motion of Delegate Cowles, the bill was taken up for immediate consideration.

H. B. 2272 - “A Bill to repeal §16-5W-1, § §16-5W-2, §16-5W-3, §16-5W-4, §16-5W-5, §16-5W-6, §16-5W-7 and §16-5W-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-5-7 of said code, all relating generally to the rule-making authority of the Board of Pharmacy; repealing the current statutory official prescription paper program and allowing the Board of Pharmacy to develop and maintain an official prescription paper program through rulemaking; and clarifying rule-making authority of the Board of Pharmacy to include the ability of pharmacy interns to administer certain immunizations.”

On motion of Delegate Cowles, the House of Delegates concurred in the Senate amendment.

On the passage of the bill, the yeas and nays were taken (Roll No. 395), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:

Absent And Not Voting: Boggs, Eldridge, Marcum, Moore, Morgan, Reynolds and Romine.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2272) passed.

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, bills of the House of Delegates as follows:

Com. Sub. for H. B. 2432, Relating to the licensure requirements to practice pharmacist care,

Com. Sub. for H. B. 2505, Relating to retirement system participation and concurrent employment provisions,

Com. Sub. for H. B. 2507, Relating to membership provisions in the West Virginia Municipal Police and Firefighters Retirement System

H. B. 2645, Expanding the availability of the Underwood-Smith Teacher Loan Assistance Program,

H. B. 2657, Allowing members of the Livestock Care Standards Board to be reimbursed for expenses consistent with the West Virginia Department of Agriculture Travel Policy and Procedure.

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:

Com. Sub. for H. B. 2702, Redefining service personnel class titles of early childhood classroom assistant teacher,

Com. Sub. for H. B. 2755, Relating to service and professional employee positions at jointly established schools.

The Clerk of the Senate, announced that the Senate had passed, with a title amendment, a bill of the House of Delegates, as follows:

H. B. 2776, Relating to prescribing hydrocodone combination drugs for a duration of no more than three days.

On motion of Delegate Cowles, the bill was taken up for immediate consideration.

H. B. 2776 - “A Bill to amend and reenact §30-3E-12 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-7-15a of said code; and to amend and reenact §30-8-9 of said code, all relating to allowing physician assistants, advance practice registered nurses and optometrists to prescribe hydrocodone combination drugs for a duration of no more than three days in a thirty-day period.”

On motion of Delegate Cowles, the House of Delegates concurred in the Senate amendment.

On the passage of the bill, the yeas and nays were taken (Roll No. 396), and there were--yeas 92, nays 1, absent and not voting 7, with the nays and absent and not voting being as follows:

Absent And Not Voting: Boggs, Eldridge, Marcum, Moore, Morgan, Reynolds and Romine.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2776) passed.

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, to take effect from passage, a bill of the House of Delegates as follows:

H. B. 2876, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state.

The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

On motion of Delegate Cowles, the bill was taken up for immediate consideration.

On motion of Delegate Cowles, the House of Delegates concurred in the following Senate amendments:

On page sixteen, section one, lines fifteen and sixteen by striking out all of subsection (c).

On pages sixteen and seventeen, section two, by striking out all of section two and inserting in lieu thereof a new section to read as follows:

(a) The secretary shall promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-two of this code to carry out the purpose of this article. These rules shall include at a minimum:

(1) Licensing procedures for neonatal abstinence centers. These procedures shall be in place by July 1, 2015;

(2) The minimum standards of operation for neonatal abstinence facilities including the following:

(A) Minimum numbers of administrators, medical directors, nurses, aides and other personnel according to the occupancy of the facility;

(B) Qualifications of facility's administrators, medical directors, nurses, aides and other personnel;

(b) The provisions of the rules promulgated pursuant to this section shall apply only to those facilities regulated pursuant to section five, article two-d of this chapter and shall not apply to a hospital-based acute care unit.”

Com. Sub. for H. B. 2999 - “A Bill to amend and reenact §16-2D-5 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §16-2D-5f; to amend said code by adding thereto a new article, designated §16-2M-1, §16-2M-2 and §16-2M-3, all relating to neonatal abstinence centers; authorizing neonatal abstinence centers; requiring the secretary to promulgate and emergency rules; requiring the rules to set out a licensing procedure by July 1, 2015; requiring the rules to set minimum standards of operation for neonatal abstinence centers; clarifying that the provision of the rules on relate to specified facilities; requiring the state agency to consider neonatal abstinence care as a unique service in conducting certificate of need review; exempting neonatal abstinence centers from moratoriums on certain nursing facilities; prohibiting the Health Care Authority from ordering a moratorium on skilled nursing facilities providing services for children under one year of age suffering from Neonatal Abstinence Syndrome; and exempting such facilities from current moratoriums.”

On the passage of the bill, the yeas and nays were taken (Roll No. 397), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:

Absent And Not Voting: Boggs, Eldridge, Marcum, Moore, Morgan, Reynolds and Romine.

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. 2999) passed.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of

The Clerk of the Senate, announced that, upon reconsideration, the Senate had amended and again passed, in an effort to meet the objection of the Governor, and requested the concurrence of the House of Delegate in the same, as to

The Speaker laid before the House of Delegates a communication from His Excellency, the Governor, setting forth his disapproval of a bill heretofore passed by both houses, as follows:

Pursuant to the provisions of section fourteen, Article VII of the Constitution of West Virginia, I hereby disapprove and return the Enrolled Committee Substitute for Senate Bill No. 6.

The bill’s enacting clause on page 2 contains two fatal errors, First the enacting clause provides that the bill repeals W. Va. Code § 55-7B-1, which it does not. Rather, the bill amends § 55-7B-1. Second, the enacting clause fails to reference the bill’s amendment of § 55-B-10.

If the Legislature chooses to repair the enacting clause, it also may consider revising some aspects of the bill’s title on page 1. For instance, the phrase “providing rebuttable presumptions and evidentiary requirements related to admission of certain government, health care provider or health

care facility information” arguably is vague. Greater clarity could be provided by revising the phrase to read, “providing rebuttable presumptions and evidentiary requirements relating to state and federal reports, disciplinary actions, accreditation reports, assessments, and staffing.” See, e.g., § 55-7B-7a, page 11.

The title’s description of the bill’s amendment to § 55-7B-8(d) also may be inadequate. The phrase “clarifying amounts of medical professional liability insurnace coverage that must exist to receive noneconomic damages limitations” could be added to the title to better explain the “aggregate” amendments to § 55-7B-8(d). See, e.g., 55-7B-8(d) , pages 12-13.

Finally, the title’s reference to “providing definitions” may not sufficiehtly describe the many revisions reflected in § 55-7B-2 of the bill, which significantly expand the scope of the Medical Professional Liability Act. See § 55-5B-2, pages 5-9.

On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates proceeded to reconsider the bill, as amended by the Senate, in an effort to meet the objections of the Governor.

On motion of Delegate Cowles, the House of Delegates concurred in the following Senate amendment:

On page one, by striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:

“That §55-7B-1, §55-7B-2, §55-7B-7, §55-7B-8, §55-7B-9, §55-7B-9a, §55-7B-9c, §55-7B-10 and §55-7B-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto two new sections, designated §55-7B-7a and §55-7B-9d, all to read as follows” and a colon.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 398), and there were--yeas 77, nays 16, absent and not voting 7, with the nays and absent and not voting being as follows:

Yeas: Ambler, Anderson, Arvon, Ashley, Azinger, Bates, Blair, Border, Butler, Cadle, Campbell, Canterbury, Cooper, Cowles, Deem, Duke, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Fast, Folk, Foster, Frich, Gearheart, Hamilton, Hamrick, Hanshaw, Hartman,, Hill, Hornbuckle, Householder, Howell, Ihle, Ireland, Kelly, Kessinger, Kurcaba, Lane, McCuskey, McGeehan, Miller, Moffatt, Moye, E. Nelson, J. Nelson, O’Neal, Overington, Pasdon, Perry, Pethtel, R. Phillips, Pushkin, Rodighiero, Rohrbach, Rowan, Rowe, Shott, P. Smith, R. Smith, Sobonya, Sponaugle, Stansbury, Statler, Storch, Summers, Upson, Wagner, Waxman, Weld, Westfall, B. White, H. White, Williams, Zatezalo and Mr. Speaker (Mr. Armstead).

Nays: Byrd, Caputo, Ferro, Fleischauer, Fluharty, Guthrie, Hicks, Longstreth, Lynch, Manchin, Miley, Perdue, L. Phillips, Skinner, Trecost and Walters.

Absent And Not Voting: Boggs, Eldridge, Marcum, Moore, Morgan, Reynolds and Romine.

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 S. B. 6) passed, as a result of the objections of the Governor.

On motion of Delegate Shott, the title of the bill was amended to read as follows:

Enr. Com. Sub. for S. B. 6 - “AN ACT to amend and reenact §55-7B-1, §55-7B-2, §55-7B-7, §55-7B-8, §55-7B-9, §55-7B-9a, §55-7B-9c, §55-7B-10 and §55-7B-11 of the Code of West Virginia, 1931, as amended; 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 generally; providing additional legislative findings and purposes related to medical professional liability; amending existing definitions of ‘collateral source’, ‘health care’, ‘health care facility’, ‘health care provider’ and ‘medical professional liability’ and creating a new definition for ‘related entity’ all of which expand the scope of the Medical Professional Liability Act; modifying the qualifications for the competency of experts who testify in medical professional liability actions; providing rebuttable presumptions and evidentiary requirements relating to state and federal reports, disciplinary actions, accreditation reports, assessments and staffing; modifying the maximum amount of recovery for, and availability of, noneconomic damages; clarifying amounts of medical professional liability insurance coverage that must exist to receive noneconomic damages limitations; clarifying that a health care provider is not vicariously liable unless the alleged agent does not maintain certain insurance; clarifying eligibility for, and application of, emergency medical services caps; providing a methodology for determining the amount of trauma care caps to account for inflation; providing certain limitations of verdicts for past medical expenses of the plaintiff; establishing effective date; and providing for severability.”

On this question, the yeas and nays were taken (Roll No. 399), and there were--yeas 76, nays 17, absent and not voting 7, with the nays and absent and not voting being as follows:

Nays: Byrd, Caputo, Ferro, Fleischauer, Guthrie, Hornbuckle, Longstreth, Lynch, Manchin, Miley, L. Phillips, Pushkin, Rowe, Skinner, Sponaugle, Trecost and Walters.

Absent And Not Voting: Boggs, Eldridge, Marcum, Moore, Morgan, Reynolds and Romine.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 6) 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.

The Speaker laid before the House of Delegates a communication from His Excellency, the Governor, setting forth his disapproval of a bill heretofore passed by both houses, as follows:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for House Bill No. 2010 on technical grounds.

First, §3-1-17(b) appears to be missing the words, “There shall be elected” at the beginning of the subsection. Without this phrase, this subsection is incomplete. Likewise, §3-4A-11a(b)(3) is ambiguous and appears to be missing language. As a result, the provisions of this section are unclear, leaving the reader to make assumptions about the instructions provided in this section.

Next, §3-10-3(c) addressing appointment of a magistrate when a vacancy occurs, contains an incorrect reference to section one, article six, chapter fifty, related to enforcement of judgments.

Moreover, the bill’s title may be inadequate. The title does not provide notice of the changes to the West Virginia Supreme Court of Appeals Public Campaign Financing Program in article twelve, chapter three. Specifically, the title simply provides for the “continuing applicability” of the program; however, the title does not give notice of the revision in the amount of financing available to a candidate running in a contested election or the removal of funding available to a candidate running in an uncontested election. Additionally, the title contains the following duplicative provisions, “providing for the commencement of terms of office” and “providing the timing of commencement of terms of office for justices of the Supreme Court of Appeals, circuit judge, family court judge and magistrate.”

Further, §3-5-13a, page 19, line 11, contains an extra comma after “Attorney General” and line 12 contains an extra comma after “House of Delegates.” Likewise, §6-5-1, page 36, line 11, contains an extra comma after “clerks of the circuit.”

Additionally, §3-5-13(5) contains references to the Board of Education that are inconsistently and incorrectly capitalized. Page 18, lines 131-132, state “board of Education” and line 136 states “board of education”; these references should be capitalized. Similarly, §6-5-1 contains inconsistent capitalization on page 36, lines 3-5, referring to the state superintendent of free schools, treasurer, and commissioner of agriculture; all these titles should be capitalized. Finally, §3-12-14(a)(6), page 33, line 26, contains reference to the auditor; Auditor should be capitalized. These titles are correctly capitalized throughout the remainder of the bill, consistent with established legislative bill drafting guidelines.

Lastly, §6-5-1, page 36, line 9, states “judges of the Supreme Court of Appeals”; this should state “justices” instead of “judges.”

On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates proceeded to reconsider the bill, in an effort to met the objections of the Governor.

On motion of Delegate Shott, the bill was amended on page one, by striking out everything after the enacting section and inserting in lieu thereof the following:

That §3-1-16 and §3-1-17 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §3-4A-11a of said code be amended and reenacted; that §3-5-4 of said code be amended and reenacted; that said code be amended by adding thereto four new sections, designated §3-5-6a, §3-5-6b, §3-5-6c and §3-5-6d; that §3-5-7, §3-5-13 and §3-5-13a of said code be amended and reenacted; that §3-10-3 of said code be amended and reenacted; that §3-12-3, §3-12-6, §3-12-10, §3-12-11, §3-12-12 and §3-12-14 of said code be amended and reenacted; that §6-5-1 of said code be amended and reenacted; that §50-1-1 and §50-1-6 of said code be amended and reenacted; that §51-1-1 of said code be amended and reenacted; and that §51-2A-5 of said code be amended and reenacted, all to read as follows:

(a) At the general election to be held in 1968, and every fourth year thereafter, there shall be elected a Governor, Secretary of State, Treasurer, Auditor, Attorney General and Commissioner of Agriculture. At the general election in 1968, and every second year thereafter, there shall be elected a member of the State Senate for each senatorial district, and a member or members of the House of Delegates of the state from each county or each delegate district.

(b) At the time of the primary election to be held in the year 2016, and every twelfth year thereafter, there shall be elected one justice of the Supreme Court of Appeals, and at the time of the primary election to be held in 2020, and every twelfth year thereafter, two justices of the Supreme Court of Appeals and at the time of the primary election to be held in 2024, and every twelfth year thereafter, two justices of the Supreme Court of Appeals. Effective with the primary election held in the year 2016, the election of justices of the Supreme Court of Appeals shall be on a nonpartisan basis and by division as set forth more fully in article five of this chapter.

§3-1-17. Election of circuit judges; county and district officers; magistrates.

(a) There shall be elected, at the time of the primary election to be held in 2016, and every eighth year thereafter, one judge of the circuit court of every judicial circuit entitled to one judge, and one judge for each numbered division of the judicial circuit in those judicial circuits entitled to two or more circuit judges; and at the time of the primary election to be held in 2016, and in every fourth year thereafter, the number of magistrates prescribed by law for the county. Beginning with the election held in the year 2016, an election for the purpose of electing judges of the circuit court, or an election for the purpose of electing magistrates, shall be upon a nonpartisan ballot printed for the purpose.

(b) There shall be elected, at the general election to be held in 1992, and every fourth year thereafter, a sheriff, prosecuting attorney, surveyor of lands, and the number of assessors prescribed by law for the county; and at the general election to be held in 1990, and every second year thereafter, a commissioner of the county commission for each county; and at the general election to be held in 1992, and every sixth year thereafter, a clerk of the county commission and a clerk of the circuit court for each county.

(c) Effective with the primary election of 2016, all elections for judge of the circuit courts in the respective circuits and magistrates in each county will be elected on a nonpartisan basis and by division as set forth more fully in article five of this chapter.

§3-4A-11a. Ballots tabulated electronically; arrangement, quantity to be printed, ballot stub numbers.

(a) The board of ballot commissioners in counties using ballots upon which votes may be recorded by means of marking with electronically sensible ink or pencil and which marks are tabulated electronically shall cause the ballots to be printed or displayed upon the screens of the electronic voting system for use in elections.

(b) (1) For the primary election, the heading of the ballot, the type faces, the names and arrangement of offices and the printing of names and arrangement of candidates within each office are to conform as nearly as possible to sections thirteen and thirteen-a, article five of this chapter.

(2) For the general election, the heading of the ballot, the straight ticket positions, the instructions to straight ticket voters, the type faces, the names and arrangement of offices and the printing of names and the arrangement of candidates within each office are to conform as nearly as possible to section two, article six of this chapter, except as otherwise provided in this article.

(3) Effective with the primary election held in 2016, and thereafter, the following nonpartisan elections are to be separated from the partisan ballot and separately headed in display type with a title clearly identifying the purpose of the election and constituting a separate ballot wherever a separate ballot is required under this chapter:

(4) Both the face and the reverse side of the ballot may contain the names of candidates only if means to ensure the secrecy of the ballot are provided and lines for the signatures of the poll clerks on the ballot are printed on a portion of the ballot which is deposited in the ballot box and upon which marks do not interfere with the proper tabulation of the votes.

(5) The arrangement of candidates within each office is to be determined in the same manner as for other electronic voting systems, as prescribed in this chapter. On the general election ballot for all offices, and on the primary election ballot only for those offices to be filled by election, except delegate to national convention, lines for entering write-in votes are to be provided below the names of candidates for each office, and the number of lines provided for any office shall equal the number of persons to be elected, or three, whichever is fewer. The words ‘WRITE-IN, IF ANY’ are to be printed, where applicable, directly under each line for write-ins. The lines are to be opposite a position to mark the vote.

(c) Except for electronic voting systems that utilize screens upon which votes may be recorded by means of a stylus or by means of touch, the primary election ballots are to be printed in the color of ink specified by the Secretary of State for the various political parties, and the general election ballot is to be printed in black ink. For electronic voting systems that utilize screens upon which votes may be recorded by means of a stylus or by means of touch, the primary ballots and the general election ballot are to be printed in black ink. All ballots are to be printed, where applicable, on white paper suitable for automatic tabulation and are to contain a perforated stub at the top or bottom of the ballot, which is to be numbered sequentially in the same manner as provided in section thirteen, article five of this chapter, or are to be displayed on the screens of the electronic voting system upon which votes are recorded by means of a stylus or touch. The number of ballots printed and the packaging of ballots for the precincts are to conform to the requirements for paper ballots provided in this chapter.

(d) In addition to the official ballots, the ballot commissioners shall provide all other materials and equipment necessary to the proper conduct of the election.

(a) At each primary election, the candidate or candidates of each political party for all offices to be filled at the ensuing general election by the voters of the entire state, of each congressional district, of each state senatorial district, of each delegate district, and of each county in the state shall be nominated by the voters of the different political parties, except that no presidential elector shall be nominated at a primary election.

(b) In primary elections a plurality of the votes cast shall be sufficient for the nomination of candidates for office. Where only one candidate of a political party for any office in a political division, including party committeemen and delegates to national conventions, is to be chosen the candidate receiving the highest number of votes therefor in the primary election shall be declared the party nominee for such office. Where two or more such candidates are to be chosen in the primary election, the candidates constituting the proper number to be so chosen who shall receive the highest number of votes cast in the political division in which they are candidates shall be declared the party nominees and choices for such offices, except that:

(1) Candidates for the office of commissioner of the county commission shall be nominated and elected in accordance with the provisions of section ten, article nine of the Constitution of the State of West Virginia and the requirements of section one-b, article one, chapter seven of this code;

(2) Members of county boards of education shall be elected at primary elections in accordance with the provisions of sections five and six of this article;

(3) Candidates for the House of Delegates shall be nominated and elected in accordance with the residence restrictions provided in section two, article two, chapter one of this code.

(c) In case of tie votes between candidates for party nominations or elections in primary elections, the choice of the political party shall be determined by the executive committee of the party for the political division in which such persons are candidates.

(a) An election for the purpose of electing a justice or justices of the Supreme Court of Appeals shall be held on the same date as the primary election, as provided by law, upon a nonpartisan ballot by division printed for this purpose. For election purposes, in each election at which shall be elected more than one justice of the Supreme Court of Appeals, the election shall be by numbered division corresponding to the number of justices being elected. Each justice shall be elected at large from the entire state. (b) In each nonpartisan election by division for a justice of the Supreme Court of Appeals, the candidates for election in each numbered division shall be tallied separately, and the board of canvassers shall declare and certify the election of the eligible candidate receiving the highest numbers of votes cast within a numbered division to fill any full terms.

(c) In case of a tie vote under this section, section twelve, article six of this chapter controls in breaking the tie vote.

(a) An election for the purpose of electing a circuit court judge or judges shall be held on the same date as the primary election in their respective circuits, as provided by law, upon a nonpartisan ballot by division printed for this purpose.

(b) In each nonpartisan election by division for a circuit court judge, the candidates for election in each numbered division shall be tallied separately, and the board of canvassers shall declare and certify the election of the eligible candidate receiving the highest numbers of votes cast within a numbered division to fill any full terms.

(c) In case of a tie vote under this section, section twelve, article six of this chapter controls in breaking the tie vote.

(a) An election for the purpose of electing a family court judge or judges shall be held on the same date as the primary election in their respective circuits, as provided by law, upon a nonpartisan ballot by division printed for this purpose.

(b) In each nonpartisan election by division for a family court judge, the candidates for election in each numbered division shall be tallied separately, and the board of canvassers shall declare and certify the election of the eligible candidate receiving the highest numbers of votes cast within a numbered division to fill any full terms.

(c) In case of a tie vote under this section, section twelve, article six of this chapter controls in breaking the tie vote.

(a) An election for the purpose of electing a magistrate or magistrates by division shall be held on the same date as the primary election in their respective circuits, as provided by law, upon a nonpartisan ballot by division printed for this purpose.

(b) In each nonpartisan election by division for a magistrate, the candidates for election in each numbered division shall be tallied separately, and the board of canvassers shall declare and certify the election of the eligible candidate receiving the highest numbers of votes cast within a numbered division to fill any full terms.

(c) In case of a tie vote under this section, section twelve, article six of this chapter controls in breaking the tie vote.

§3-5-7. Filing announcements of candidacies; requirements; withdrawal of candidates when section applicable.

(a) Any person who is eligible and seeks to hold an office or political party position to be filled by election in any primary or general election held under the provisions of this chapter shall file a certificate of announcement declaring his or her candidacy for the nomination or election to the office.

(1) Candidates for the House of Delegates, the State Senate, circuit judge, family court judge, and any other office or political position to be filled by the voters of more than one county shall file a certificate of announcement with the Secretary of State.

(2) Candidates for an office or political position to be filled by the voters of a single county or a subdivision of a county, except for candidates for the House of Delegates, State Senate, circuit judge or family court judge, shall file a certificate of announcement with the clerk of the county commission.

(3) Candidates for an office to be filled by the voters of a municipality shall file a certificate of announcement with the recorder or city clerk.

(c) The certificate of announcement shall be filed with the proper officer not earlier than the second Monday in January before the primary election day and not later than the last Saturday in January before the primary election day and must be received before midnight, eastern standard time, of that day or, if mailed, shall be postmarked by the United States Postal Service before that hour. This includes the offices of justice of the Supreme Court of Appeals, circuit court judge, family court judge and magistrate, which are to be filled on a nonpartisan and division basis at the primary election.

(d) The certificate of announcement shall be on a form prescribed by the Secretary of State on which the candidate shall make a sworn statement before a notary public or other officer authorized to administer oaths, containing the following information:

(1) The date of the election in which the candidate seeks to appear on the ballot;

(2) The name of the office sought; the district, if any; and the division, if any;

(3) The legal name of the candidate and the exact name the candidate desires to appear on the ballot, subject to limitations prescribed in section thirteen, article five of this chapter;

(4) The county of residence and a statement that the candidate is a legally qualified voter of that county; and the magisterial district of residence for candidates elected from magisterial districts or under magisterial district limitations;

(5) The specific address designating the location at which the candidate resides at the time of filing, including number and street or rural route and box number and city, state and zip code;

(6) For partisan elections, the name of the candidate's political party and a statement that the candidate: (A) Is a member of and affiliated with that political party as evidenced by the candidate's current registration as a voter affiliated with that party; and (B) has not been registered as a voter affiliated with any other political party for a period of sixty days before the date of filing the announcement;

(7) For candidates for delegate to national convention, the name of the presidential candidate to be listed on the ballot as the preference of the candidate on the first convention ballot; or a statement that the candidate prefers to remain ‘uncommitted’;

(8) A statement that the person filing the certificate of announcement is a candidate for the office in good faith;

(9) The words ‘subscribed and sworn to before me this ______ day of _____________, 20____’ and a space for the signature of the officer giving the oath.

(e) The Secretary of State or the board of ballot commissioners, as the case may be, may refuse to certify the candidacy or may remove the certification of the candidacy upon receipt of a certified copy of the voter's registration record of the candidate showing that the candidate was registered as a voter in a party other than the one named in the certificate of announcement during the sixty days immediately preceding the filing of the certificate: Provided, That unless a signed formal complaint of violation of this section and the certified copy of the voter's registration record of the candidate are filed with the officer receiving that candidate's certificate of announcement no later than ten days following the close of the filing period, the candidate may not be refused certification for this reason.

(f) The certificate of announcement shall be subscribed and sworn to by the candidate before some officer qualified to administer oaths, who shall certify the same. Any person who knowingly provides false information on the certificate is guilty of false swearing and shall be punished in accordance with section three, article nine of this chapter.

(g) Any candidate for delegate to a national convention may change his or her statement of presidential preference by notifying the Secretary of State by letter received by the Secretary of State no later than the third Tuesday following the close of candidate filing. When the rules of the political party allow each presidential candidate to approve or reject candidates for delegate to convention who may appear on the ballot as committed to that presidential candidate, the presidential candidate or the candidate's committee on his or her behalf may file a list of approved or rejected candidates for delegate and the Secretary of State shall list as ‘uncommitted’ any candidate for delegate who is disapproved by the presidential candidate.

(h) A person may not be a candidate for more than one office or office division at any election: Provided, That a candidate for an office may also be a candidate for President of the United States, for membership on political party executive committees or for delegate to a political party national convention: Provided, however, That an unsuccessful candidate for a nonpartisan office in an election held concurrently with the primary election may be appointed under the provisions of section nineteen of this article to fill a vacancy on the general ballot.

(i) A candidate who files a certificate of announcement for more than one office or division and does not withdraw, as provided by section eleven, article five of this chapter, from all but one office prior to the close of the filing period may not be certified by the Secretary of State or placed on the ballot for any office by the board of ballot commissioners.

(1) The face of every primary election ballot shall conform as nearly as practicable to that used at the general election.

(2) The heading of every ballot is to be printed in display type. The heading is to contain a ballot title, the name of the county, the state, the words ‘Primary Election’ and the month, day and year of the election. The ballot title of the political party ballots is to contain the words ‘Official Ballot of the (Name) Party’ and the official symbol of the political party may be included in the heading.

(A) The ballot title of any separate paper ballot or portion of any electronic or voting machine ballot for all judicial officer shall commence with the words ‘Nonpartisan Ballot of Election of Judicial Officers’ and each such office shall be listed in the following order:

(i) The ballot title of any separate paper ballot or portion of any electronic or voting machine ballot for all justices of the Supreme Court of Appeals shall contain the words ‘Nonpartisan Ballot of Election of Justice(s) of the Supreme Court of Appeals of West Virginia’. The names of the candidates for the Supreme Court of Appeals shall be printed by division without references to political party affiliation or registration.

(ii) The ballot title of any separate paper ballot or portion of any electronic or voting machine ballot for all circuit court judges in the respective circuits shall contain the words ‘Nonpartisan Ballot of Election of Circuit Court Judge(s)’. The names of the candidates for the respective circuit court judge office shall be printed by division without references to political party affiliation or registration.

(iii) The ballot title of any separate paper ballot or portion of any electronic or voting machine ballot for all family court judges in the respective circuits shall contain the words ‘Nonpartisan Ballot of Election of Family Court Judge(s)’. The names of the candidates for the respective family court judge office shall be printed by division without references to political party affiliation or registration.

(iv) The ballot title of any separate paper ballot or portion of any electronic or voting machine ballot for all magistrates in the respective circuits shall contain the words ‘Nonpartisan Ballot of Election of Magistrate(s)’. The names of the candidates for the respective magistrate office shall be printed by division without references to political party affiliation or registration.

(B) The ballot title of any separate paper ballot or portion of any electronic or voting machine ballot for the Board of Education is to contain the words ‘Nonpartisan Ballot of Election of Members of the ______________ County Board of Education’. The districts for which less than two candidates may be elected and the number of available seats are to be specified and the names of the candidates are to be printed without reference to political party affiliation and without designation as to a particular term of office.

(C) Any other ballot or portion of a ballot on a question is to have a heading which clearly states the purpose of the election according to the statutory requirements for that question.

(3) (A) For paper ballots, the heading of the ballot is to be separated from the rest of the ballot by heavy lines and the offices shall be arranged in columns with the following headings, from left to right across the ballot: ‘National Ticket’, ‘State Ticket’, ‘County Ticket’ and, in a presidential election year, ‘National Convention’ or, in a nonpresidential election year, ‘District Ticket’. The columns are to be separated by heavy lines. Within the columns, the offices are to be arranged in the order prescribed in section thirteen-a of this article.

(B) For voting machines, electronic voting devices and any ballot tabulated by electronic means, the offices are to appear in the same sequence as prescribed in section thirteen-a of this article and under the same headings as prescribed in paragraph (A) of this subdivision. The number of pages, columns or rows, where applicable, may be modified to meet the limitations of ballot size and composition requirements subject to approval by the Secretary of State.

(C) The title of each office is to be separated from preceding offices or candidates by a line and is to be printed in bold type no smaller than eight point. Below the office is to be printed the number of the district, if any, the number of the division, if any, and the words ‘Vote for ________’ with the number to be nominated or elected or ‘Vote For Not More Than ________’ in multicandidate elections. For offices in which there are limitations relating to the number of candidates which may be nominated, elected or appointed to or hold office at one time from a political subdivision within the district or county in which they are elected, there is to be a clear explanation of the limitation, as prescribed by the Secretary of State, printed in bold type immediately preceding the names of the candidates for those offices on the ballot in every voting system. For counties in which the number of county commissioners exceeds three and the total number of members of the county commission is equal to the number of magisterial districts within the county, the office of county commission is to be listed separately for each district to be filled with the name of the magisterial district and the words ‘Vote for One’ printed below the name of the office: Provided, That the office title and applicable instructions may span the width of the ballot so as it is centered among the respective columns.

(D) The location for indicating the voter's choices on the ballot is to be clearly shown. For paper ballots, other than those tabulated electronically, the official primary ballot is to contain a square formed in dark lines at the left of each name on the ballot, arranged in a perpendicular column of squares before each column of names.

(4) (A) The name of every candidate certified by the Secretary of State or the board of ballot commissioners is to be printed in capital letters in no smaller than eight point type on the ballot for the appropriate precincts. Subject to the rules promulgated by the Secretary of State, the name of each candidate is to appear in the form set out by the candidate on the certificate of announcement, but in no case may the name misrepresent the identity of the candidate nor may the name include any title, position, rank, degree or nickname implying or inferring any status as a member of a class or group or affiliation with any system of belief.

(B) The city of residence of every candidate, the state of residence of every candidate residing outside the state, the county of residence of every candidate for an office on the ballot in more than one county and the magisterial district of residence of every candidate for an office subject to magisterial district limitations are to be printed in lower case letters beneath the names of the candidates.

(D) If the number of candidates for an office exceeds the space available on a column or ballot page and requires that candidates for a single office be separated, to the extent possible, the number of candidates for the office on separate columns or pages are to be nearly equal and clear instructions given the voter that the candidates for the office are continued on the following column or page.

(5) When an insufficient number of candidates has filed for a party to make the number of nominations allowed for the office or for the voters to elect sufficient members to the Board of Education or to executive committees, the vacant positions on the ballot shall be filled with the words ‘No Candidate Filed’: Provided, That in paper ballot systems which allow for write-ins to be made directly on the ballot, a blank line shall be placed in any vacant position in the office of Board of Education or for election to any party executive committee. A line shall separate each candidate from every other candidate for the same office. Notwithstanding any other provision of this code, if there are multiple vacant positions on a ballot for one office, the multiple vacant positions which would otherwise be filled with the words ‘No Candidate Filed’ may be replaced with a brief detailed description, approved by the Secretary of State, indicating that there are no candidates listed for the vacant positions.

(6) In presidential election years, the words ‘For election in accordance with the plan adopted by the party and filed with the Secretary of State’ is to be printed following the names of all candidates for delegate to national convention.

(7) All paper ballots are to be printed in black ink on paper sufficiently thick so that the printing or marking cannot be discernible from the back: Provided, That no paper ballot voted pursuant to the provisions of 42 U. S. C. §1973, et seq., the Uniformed and Overseas Citizens Absentee Voting Act of 1986, or federal write-in absentee ballot may be rejected due to paper type, envelope type, or notarization requirement. Ballot cards and paper for printing ballots using electronically sensible ink are to meet minimum requirements of the tabulating systems and are to conform in size and weight to ensure ease in tabulation.

(8) Ballots are to contain perforated tabs at the top of the ballots and are to be printed with unique sequential numbers from one to the highest number representing the total number of ballots printed. On paper ballots, the ballot is to be bordered by a solid line at least one sixteenth of an inch wide and the ballot is to be trimmed to within one-half inch of that border.

(9) On the back of every official ballot or ballot card the words ‘Official Ballot’ with the name of the county and the date of the election are to be printed. Beneath the date of the election there are to be two blank lines followed by the words ‘Poll Clerks’.

(10) The face of sample paper ballots and sample ballot labels are to be like other official ballots or ballot labels except that the word ‘sample’ is to be prominently printed across the front of the ballot in a manner that ensures the names of candidates are not obscured and the word ‘sample’ may be printed in red ink. No printing may be placed on the back of the sample.

(a) The order of offices for state and county elections on all ballots within the state shall be as prescribed herein. When the office does not appear on the ballot in an election, then it shall be omitted from the sequence. When an unexpired term for an office appears on the ballot along with a full term, the unexpired term shall appear immediately below the full term.

NATIONAL TICKET: President (and Vice President in the general election), United States Senator, member of the United States House of Representatives

STATE TICKET: Governor, Secretary of State, Auditor, Treasurer, Commissioner of Agriculture, Attorney General, State Senator, member of the House of Delegates, any other multicounty office, state executive committee.

COUNTY TICKET: Clerk of the circuit court, county commissioner, clerk of the county commission, prosecuting attorney, sheriff, assessor, surveyor, congressional district executive committee, senatorial district executive committee in multicounty districts, delegate district executive committee in multicounty districts.

NATIONAL CONVENTION: Delegate to the national convention -- at-large, delegate to the national convention -- congressional district

(b) Except for office divisions in which no more than one person has filed a certificate of announcement, the arrangement of names for all offices shall be determined by lot according to the following provisions:

(1) On the fourth Tuesday following the close of the candidate filing, beginning at nine o'clock a. m., a drawing by lot shall be conducted in the office of the clerk of the county commission in each county. Notice of the drawing shall be given on the form for the certificate of announcement and no further notice shall be required. The clerk of the county commission shall superintend and conduct the drawing and the method of conducting the drawing shall be prescribed by the Secretary of State.

(2) Except as provided herein, the position of each candidate within each office division shall be determined by the position drawn for that candidate individually: Provided, That if fewer candidates file for an office division than the total number to be nominated or elected, the vacant positions shall appear following the names of all candidates for the office.

(3) Candidates for delegate to national convention who have filed a commitment to a candidate for president shall be listed alphabetically within the group of candidates committed to the same candidate for president and uncommitted candidates shall be listed alphabetically in an uncommitted category. The position of each group of committed candidates and uncommitted candidates shall be determined by lot by drawing the names of the presidential candidates and for an uncommitted category.

§3-10-3. Vacancies in offices of state officials, United States Senators and judges.

(a) Any vacancy occurring in the offices of Secretary of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture, or in any office created or made elective to be filled by the voters of the entire state, is filled by the Governor of the state by appointment and subsequent election to fill the remainder of the term, if required by section one of this article.

(b) Any vacancy occurring in the offices of Justice of the Supreme Court of Appeals, judge of a circuit court or judge of a family court is filled by the Governor of the state by appointment and subsequent election to fill the remainder of the term, as required by subsection (d) of this section. If an election is required under subsection (d) of this section, the Governor, circuit court or the chief judge thereof in vacation, is responsible for the proper proclamation by order and notice required by section one of this article.

(c) Any vacancy in the office of magistrate is appointed according to the provisions of section six, article one, chapter fifty of this code, and subsequent election to fill the remainder of the term, as required by subsection (d ) of this section.

(d) (1) When the vacancy in Justice of the Supreme Court of Appeals, judge of the circuit court, judge of a family court or magistrate occurs after the eighty-fourth day before a general election, and the affected term of office ends on the thirty-first day of December following the next election, the person appointed to fill the vacancy shall continue in office until the completion of the term.

(2) When the vacancy occurs before the close of the candidate filing period for the primary election, the vacancy shall be filled by election in the nonpartisan judicial election held concurrently with the primary election, and the appointment shall continue until a successor is elected and certified.

(3) When the vacancy occurs after the close of candidate filing for the primary election and not later than eighty-four days before the general election, the vacancy shall be filled by election in a nonpartisan judicial election held concurrently with the general election, and the appointment shall continue until a successor is elected and certified.

(e) When an election to fill a vacancy is required to be held at the general election according to the provisions of subsection (d) of this section, a special candidate filing period shall be established. Candidates seeking election to any unexpired term for Justice of the Supreme Court of Appeals, judge of a circuit court, judge of the family court or magistrate shall file a certificate of announcement and pay the filing fee no earlier than the first Monday in August and no later than seventy-seven days before the general election.

ARTICLE 12. WEST VIRGINIA SUPREME COURT OF APPEALS PUBLIC CAMPAIGN FINANCING PILOT PROGRAM.

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

(1) ‘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.

(2) ‘Certified candidate’ means an individual seeking election to the West Virginia Supreme Court of Appeals 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.

(3) ‘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.

(4) ‘Exploratory contribution’ means a contribution of no more than $1,000 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. Exploratory contributions may not exceed $20,000 in the aggregate.

(5) ‘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 January 1 the year before the election in which the candidate may run for Justice of the Supreme Court of Appeals and ends on the last Saturday in January of the election year.

(6) ‘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.

(7) ‘Fund’ means the Supreme Court of Appeals Public Campaign Financing Fund created by section five of this article.

(8) ‘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

(10) ‘Nonpartisan judicial election campaign period’ means the period beginning on the first day of the primary election filing period, as determined under section seven, article five of this chapter, and ending on the day of the nonpartisan judicial election.

(11) ‘Participating candidate’ means a candidate who is seeking election to the Supreme Court of Appeals 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 seeking to be placed on the nonpartisan judicial election ballot, the qualifying period begins on September 1 preceding the election year and ends on the last Saturday in January of the election year.

(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 this article;

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

(4) If a certified candidate loses, all remaining unspent or unobligated moneys;

(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) On or before July 1, 2010, and for two successive years thereafter, the State Auditor shall authorize the transfer of the amount of $1 million from the Purchasing Card Administration Fund established in section ten-d, article three, chapter twelve of this code to the fund created by this article;

(10) On or before July 1, 2015, the state Auditor shall authorize the transfer of the amount of $400,000 from the Purchasing Card Administration Fund established in section ten-d, article three, chapter twelve of this code to the fund created by this article; and

(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 nonpartisan judicial 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 nonpartisan judicial 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.

§3-12-11. Schedule and amount of Supreme Court of Appeals 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 nonpartisan judicial election campaign period available to a certified candidate.

In a contested nonpartisan judicial election, a certified candidate shall receive $525,000 in campaign financing from the fund, minus the certified candidate’s qualifying contributions.

(b) 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.

(c) 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 nonpartisan judicial election campaign period 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 nonpartisan judicial 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 nonpartisan judicial 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 the date on which the candidate ceases to be certified.

(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 nonpartisan judicial 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 nonpartisan judicial 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) 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 a nonpartisan judicial election. The State Election Commission shall cooperate with the audit, provide all necessary documentation and financial records to those persons conducting the audit and shall 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 nonpartisan judicial 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 general public listing the names of each candidate seeking election to the Supreme Court of Appeals. 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.

The terms of officers, except when elected or appointed to fill vacancies, shall begin respectively as follows: That of Governor, Secretary of State, State Superintendent of Free Schools, Treasurer, Auditor, Attorney General and Commissioner of Agriculture, on the first Monday after the second Wednesday of January next after their election; that of a member of the Legislature, on December 1, next after his or her election; and that of the justices of the Supreme Court of Appeals, the judges of the several circuit courts, the judges of the family and other inferior courts, the county commissioners, prosecuting attorneys, surveyors of land, assessors, sheriffs, clerks of the circuit, or other inferior courts, clerks of the county commissions, magistrates, on January 1, next after their election.

Whenever a person is elected or appointed to fill a vacancy, his or her term shall be as prescribed by chapter three of this code.

There is hereby created in each county of this state a magistrate court with such numbers of magistrates for each court as are hereafter provided. There shall be elected by the voters of each county, at the general election to be held in 1976, and in every fourth year thereafter, such number of magistrates as is provided in section two of this article. The filing fee for the office of magistrate shall be one percent of the annual salary. The term of magistrates shall be for four years and shall begin on January 1, of the year following the year of election.

Effective with the primary election of 2016, all elections for magistrates will be on a nonpartisan basis by division. Beginning in 2016, there will no longer be primary elections held for magistrates and all elections for magistrates are to be held in the nonpartisan judicial election as set forth in article five, chapter three of this code. All indications of party identification on election ballots for magistrate shall be omitted.

Subject to the provisions of section one, article ten, chapter three of this code, when a vacancy occurs in the office of magistrate, the judge of the circuit court, or the chief judge thereof if there is more than one judge of the circuit court, shall fill the same by appointment.

At a nonpartisan judicial election in which a magistrate is elected for an unexpired term, the circuit judge, or the chief judge thereof if there is more than one judge of the circuit court, shall cause a notice of such election to be published prior to such election 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 such publication shall be the county involved.

The Supreme Court of Appeals shall consist of five justices, elected and qualified according to the Constitution and the laws of this state, any three of whom shall constitute a quorum. Effective with the primary election of 2016, all elections for justices will be on a nonpartisan basis by division. Beginning in 2016, there will no longer be primary elections held for the office of justice and all elections for justice are to be held in the nonpartisan judicial election as set forth in article five, chapter three of this code. All indications of party identification on election ballots for that office shall be omitted.

§51-2A-5. Term of office of family court judge; initial appointment; elections.

(a) Beginning with the election to be conducted in the year 2016, family court judges shall be elected. In family court circuits having two or more family court judges there shall be, for election purposes, numbered divisions corresponding to the number of family court judges in each area. Each family court judge shall be elected at large by the entire family court circuit. In each numbered division of a family court circuit, the candidates for nomination or election shall be voted upon and the votes cast for the candidates in each division shall be tallied separately from the votes cast for candidates in other numbered divisions within the family court circuit. The candidate or candidates receiving the highest number of the votes cast within a numbered division shall be nominated or elected, as the case may be. Effective with the primary election of 2016, all elections for family court judges in the respective circuits will be on a nonpartisan basis by division. Beginning in 2016, there will no longer be primary elections held for family court judges and all elections for family court judges are to be held in the nonpartisan judicial election as set forth in article five, chapter three of this code. All indications of party identification on election ballots for family court judge shall be omitted.

(b) The term of office for all family court judges elected in 2002 shall be for six years, commencing on January 1, 2003, and ending on December 31, 2008. Subsequent terms of office for family court judges elected thereafter shall be for eight years.”

On motion of Delegate Cowles, the House of Delegates proceeded to reconsider the bill (Enr. Com. Sub. for H. B. 2010), in an effort to meet the objections of the Governor.

The Speaker propounded, “Shall the bill pass, in an effort to meet the objections of the Governor?”

On this question, the yeas and nays were taken (Roll No. 400), and there were--yeas 81, nays 12, absent and not voting 7, with the nays and absent and not voting being as follows:

Yeas: Ambler, Anderson, Arvon, Ashley, Azinger, Bates, Blair, Border, Butler, Byrd, Cadle, Campbell, Canterbury, Cooper, Cowles, Deem, Duke, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Fast, Fluharty, Folk, Foster, Frich, Gearheart, Hamilton, Hamrick, Hanshaw, Hartman, Hicks, Hill, Householder, Howell, Ihle, Ireland, Kelly, Kessinger, Kurcaba, Lane, McCuskey, McGeehan, Miley, Miller, Moffatt, Moye, E. Nelson, J. Nelson, O’Neal, Overington, Pasdon, Pethtel, L. Phillips, R. Phillips, Rodighiero, Rohrbach, Rowan, Rowe, Shott, Skinner, P. Smith, R. Smith, Sobonya, Sponaugle, Stansbury, Statler, Storch, Summers, Trecost, Upson, Wagner, Walters, Waxman, Weld, Westfall, B. White, Williams, Zatezalo and Mr. Speaker (Mr. Armstead).

Nays: Caputo, Ferro, Fleischauer, Guthrie, Hornbuckle, Longstreth, Lynch, Manchin, Perdue, Perry, Pushkin and H. White.

Absent And Not Voting: Boggs, Eldridge, Marcum, Moore, Morgan, Reynolds and Romine.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Enr. Com. Sub. for H. B. 2010) passed, in an effort to meet the objections of the Governor.

On motion of Delegate Cowles, the title of the bill was amended to to read as follows:

Com. Sub. for H. B. 2010 - “AN ACT to amend and reenact §3-1-16 and §3-1-17 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-4A-11a of said code; to amend and reenact §3-5-4 of said code; to amend said code by adding thereto four new sections, designated §3-5-6a, §3-5-6b, §3-5-6c and §3-5-6d; to amend and reenact §3-5-7, §3-5-13 and §3-5-13a of said code; to amend and reenact §3-10-3 of said code; to amend and reenact §3-12-3, §3-12-6, §3-12-10, §3-12-11, §3-12-12 and §3-12-14 of said code; to amend and reenact §6-5-1 of said code; to amend and reenact §50-1-1 and §50-1-6 of said code; to amend and reenact §51-1-1 of said code; and to amend and reenact §51-2A-5 of said code, all relating to electoral reforms of the West Virginia judiciary generally; requiring the election of justices of the Supreme Court of Appeals, circuit court judges, family court judges and magistrates be on a nonpartisan basis; requiring that elections to certain offices be on a division basis when more than one justice of the Supreme Court of Appeals, circuit judge, family court judge or magistrate is to be elected; providing for the timing and frequency of election; providing for the commencement of terms of office; establishing ballot design and printing; providing that elections for justice of the Supreme Court of Appeals, circuit judge, family court judge or magistrate are to be held on the same date as the primary election; requiring nonpartisan ballots be used; establishing filing announcement of candidacies, including the timing, location and information necessary thereto; providing for the order of appearance of offices on the ballot; establishing ballot content; providing the procedures for the filling of vacancies in the offices of justices of the Supreme Court of Appeals, circuit judge, family court judge or magistrate; providing occasions for special elections to be held to fill vacancies; providing that unsuccessful nonpartisan candidates can be selected to fill ballot vacancies in a general election; providing for the continuing applicability of the West Virginia Supreme Court of Appeals Public Campaign Financing Program; modifying the amount of public campaign financing available to qualifying candidates in a contested election; and removing public campaign financing from qualifying candidates in an uncontested election.”

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

At 6:02 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, March 10, 2015.