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Thursday, February 25, 2016

FORTY-FOURTH DAY

[MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR]

 

 

            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 Wednesday, February 24, 2016, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

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

Your Committee on the Judiciary has had under consideration:

Com. Sub. for S. B. 10, Creating Unborn Child Protection from Dismemberment Abortion Act,

And reports the same back with the recommendation that it do pass.

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

Your Committee on the Judiciary has had under consideration:

H. B. 4346, Relating to bear hunting and offenses and penalties,

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

Com. Sub. for H. B. 4346 – “A Bill to amend and reenact §20-2-22a of the Code of West Virginia, 1931, as amended, relating to bear hunting and offenses and penalties,”

With the recommendation that the committee substitute do pass.

(Note:  Due to an error in the Committee report for H. B. 4346, a corrected report was subsequently reported.)

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

Your Committee on the Judiciary has had under consideration:

H. B. 4324, Authorizing information sharing by Workforce West Virginia,

And reports the same back with the recommendation that it do pass.

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

Your Committee on the Judiciary has had under consideration:

            H. B. 4279, Relating to disposition of seized firearms,

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

            Com. Sub. for H. B. 4279  - “A Bill to amend and reenact §20-7-8 of the Code of West Virginia, 1931, as amended, relating to maintenance and disposition of impounded and seized firearms by the Division of Natural Resources.”

With the recommendation that the committee substitute do pass.

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

Your Committee on the Judiciary has had under consideration:

            H. B. 4463, Permitting the practice of telemedicine,

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

            Com. Sub. for H. B. 4463 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-3-13a; and to amend said code by adding thereto a new section, designated §30-14-12d, all relating to the practice of medicine, permitting the practice of telemedicine; establishing requirements and exceptions for licensure; providing for establishment of physician-patient or podiatrist-patient relationship through telemedicine encounter; establishing certain requirements for physician or podiatrist using telemedicine technologies to practice medicine or podiatry; establishing standard of care for telemedicine medical practice; providing requirements regarding establishment and maintenance of patient records in use of telemedicine; providing limitations on prescriptions which may be made in telemedicine encounters; providing exceptions when in-person physician-patient or podiatrist-patient relationship is established; allowing rulemaking for legislative approval by Board of Medicine and Board of Osteopathic Medicine; and preserving traditional physician-patient and podiatrist-patient relationships,”

With the recommendation that the committee substitute do pass.

Special Calendar

Third Reading

            S. B. 419, Relating to termination of Workers’ Compensation Debt Reduction Act; 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. 184), and there were--yeas 96, nays 3, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Manchin, Moore and Sponaugle.

Absent and Not Voting: Ferro.

 

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 419) passed.

            An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:

            S. B. 419 - “A Bill to amend and reenact §4-11A-18 of the Code of West Virginia, 1931, as amended; to amend and reenact §11-13A-3b of said code; to amend and reenact §11-13V-4 of said code; to amend and reenact §11-21-96 of said code; to amend and reenact §23-2C-3 of said code; and to amend and reenact §29-22A-10d and §29-22A-10e of said code, all relating to termination of transfers of certain personal income tax revenues to the Workers’ Compensation Debt Reduction Fund; reestablishing and imposing increased severance tax on severance of timber effective July 1, 2016; termination of additional severance taxes on severance of coal, natural gas and timber on and after July 1, 2016; authorizing earlier termination date; authorizing redirection of additional severance tax revenues to the General Revenue Fund for period prior to termination date; delaying transfers of certain personal income tax revenues to the West Virginia Retiree Health Benefit Trust Fund; eliminating transfers of certain personal income tax revenues to the Post-July 1, 2010, Employee Trust Fund; authorizing redirection of amounts  collected from certain surcharges and assessments on workers’ compensation insurance policies for periods prior to July 1, 2017; authorizing redirection of amounts  collected from certain deposits of revenues derived from net terminal income for periods prior to July 1, 2017.”

            Delegate Cowles moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 185), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: Ferro.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 419) 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. 2202, Relating to more equitable disbursement of funds to county boards; 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. 186), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent and Not Voting: Ferro and Guthrie.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2202) passed.

            Delegate Cowles moved that the bill take effect July 1, 2016.

            On this question, the yeas and nays were taken (Roll No. 187), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent and Not Voting: Ferro and Guthrie.

            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. 2202) takes effect July 1, 2016.

            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. 2897, Young Entrepreneur Reinvestment Act; 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. 188), and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Fast and Waxman.

Absent and Not Voting: Ferro.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2897) passed.

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

            Com. Sub. for H. B. 4009, Letting Our Counties Act Locally Act; on third reading, coming up in regular order, was, on motion of Delegate Cowles, postponed one day.

            Com. Sub. for H. B. 4171, Relating to the public school calendar; 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. 189), and there were--yeas 94, nays 5, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Cowles, Espinosa, Howell, Skinner and Upson.

Absent and Not Voting: Ferro.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4171) passed.

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

Com. Sub. for H. B. 4171  - “A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended, all relating to primary and secondary school instructional terms; removing the word “separate” throughout the section as it relates to the number of instructional days in the school calendar; requiring that the instructional term for students begin no earlier than August 10 and end no later than June 10, except for schools operating on a balanced calendar; removing preparation for opening and closing school from mandatory list of areas for which remaining noninstructional days may be designated by county school board; designating one noninstructional day for teachers as a preparation day; allowing teacher preparation day to be used for other purposes only at teacher’s discretion; increasing number of two-hour blocks for faculty senate meetings from four to six; removing requirement that faculty senate meetings be held once every forty-five days; permitting accrued minutes to be used for lost instructional days; designating time frames within which faculty senate meetings may take place; requiring county boards to first use accrued minutes for early dismissals and late arrivals and requiring that any reimagining student instructional days be exhausted prior to using accrued minutes for lost instructional days.”

            Delegate Cowles moved that the bill take effect July 1, 2016.

            On this question, the yeas and nays were taken (Roll No. 190), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Howell.

Absent and Not Voting: Ferro.

            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. 4171) takes effect July 1, 2016.

            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. 4295, Relating to the School Innovation Zones Act; 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. 191), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: Ferro.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4295) passed.

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

            Com. Sub. for H. B. 4365, Relating to the certificate of need process; on third reading, coming up in regular order, was read a third time.

            Delegates Atkinson, Boggs, Campbell, Hartman, Howell, Manchin and Rohrbach requested to be excused from voting on questions related to Com. Sub. for H. B. 4365 under the provisions of House Rule 49.

            The Speaker replied that any impact on the Delegates would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Members from voting.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 192), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Fluharty.

Absent and Not Voting: Ferro and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4365) passed.

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

            H. B. 4572, Excepting specialized contract instructors from the definition of teacher; on third reading, coming up in regular order, was read a third time; 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. 193), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

Absent and Not Voting: Ferro, McCuskey, Sponaugle and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4572) passed.

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

            H. B. 4594, Relating to predoctoral psychology internship qualifications; 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. 194), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent and Not Voting: Ferro and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4594) passed.

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

            Com. Sub. for H. B. 4612, Relating generally to tax increment financing and economic opportunity development districts; on third reading, coming up in regular order, was, on motion of Delegate Cowles postponed one day.

            H. B. 4617, Authorizing legislative rules of the Higher Education Policy Commission regarding the Underwood-Smith Teacher Scholarship Program and Nursing Scholarship Program; on third reading, coming up in regular order, was read a third time.

            Delegate Campbell requested to be excused from voting on the passage of H. B. 4617 under the provisions of House Rule 49.

            The Speaker replied that any impact on the Delegate would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Member from voting.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 195), and there were--yeas 98, nays none absent and not voting 2, with the absent and not voting being as follows:

Absent and Not Voting: Ferro and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4617) passed.

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

            H. B. 4651, Relating to professional examination requirements for hearing-aid dealers and fitters; 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. 196), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent and Not Voting: Ferro and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4651) passed.

            Delegate Cowles moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 197), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent and Not Voting: Ferro and Walters.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4651) 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. 4674, Relating to motor vehicle back-up lamps; 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. 198), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Zatezalo.

Absent and Not Voting: Ferro and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4674) passed.

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

            H. B. 4705, Relating to adding an additional type of West Virginia source income of nonresident individual; 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. 199), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent and Not Voting: Ferro and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4705) passed.

            Delegate Cowles moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 200), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:

Nays: Moffatt.

Absent and Not Voting: Ferro, Kelly and Walters.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4705) 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 Reading

            H. B. 2494, Creating a provisional plea process in criminal cases; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 4014, Preventing the State Board of Education from implementing common core academic standards and assessments; on second reading, coming up in regular order, was read a second time.

            At 1:36 p.m., on motion of Delegate Folk, the House of Delegates recessed for ten minutes.

            Delegates Folk, McGeehan, Butler and Moffatt moved to amend the bill on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

“Be it enacted by the Legislature of West Virginia:

That §18‑2E‑5 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS:

§182E‑5. Process for improving education; education standards; statewide assessment program; accountability measures; Office of Education Performance Audits; school accreditation and school system approval; intervention to correct low performance.

 (a) Legislative findings, purpose and intent. ‑‑ The Legislature makes the following findings with respect to the process for improving education and its purpose and intent in the enactment of this section:

(1) The process for Improving education includes four primary elements, these being:

(A) Standards which set forth the knowledge and skills that students should know and be able to perform as the result of a thorough and efficient education that prepares them for the twenty‑first century, including measurable criteria to evaluate student performance and progress;

(B) Assessments of student performance and progress toward meeting the standards;

(C) A system of accountability for continuous improvement defined by high‑quality standards for schools and school systems articulated by a rule promulgated by the state board and outlined in subsection (c) of this section that will build capacity in schools and districts to meet rigorous outcomes that assure student performance and progress toward obtaining the knowledge and skills intrinsic to a high‑quality successful education rather than monitoring for compliance with specific laws and regulations; and

(D) A method for building the capacity and improving the efficiency of schools and school systems to improve student performance and progress;

(2) As the Constitutional body charged with the general supervision of schools as provided by general law, the state board has the authority and the responsibility to establish the standards, assess the performance and progress of students against the standards, hold schools and school systems accountable and assist schools and school systems to build capacity and improve efficiency so that the educational standards are met, including, when necessary, seeking additional resources in consultation with the Legislature and the Governor;

The Constitution of the State of West Virginia, section one, article twelve thereof, states: “The Legislature shall provide, by general law, for a thorough and efficient system of free schools.” Furthermore, section two, article twelve of said Constitution states: “The general supervision of the free schools of the State shall be vested in the West Virginia board of education which shall perform such duties as may be prescribed by law.” (Emphasis added). Therefore, because the Legislature is empowered to identify “such duties as may be prescribed by law” to the West Virginia Board of Education, it is clearly within the Legislature’s purview to specify appropriate academic standards that will provide for a thorough education. (Emphasis added); and

(3) As the Constitutional body charged with providing for a thorough and efficient system of schools, the Legislature has the authority and the responsibility to establish and be engaged constructively in the determination of the knowledge and skills that students should know and be able to do as the result of a thorough and efficient education. This determination is made by using the process for improving education to determine when school improvement is needed, by evaluating the results and the efficiency of the system of schools, by ensuring accountability and by providing for the necessary capacity and its efficient use;

(4) (3) In consideration of these findings, the purpose of this section is to establish a process for improving education that includes the four primary elements as set forth in subdivision (1) of this subsection to provide assurances that the high‑quality educational standards are, at a minimum, being met and that a thorough and efficient system of schools is being provided for all West Virginia public school students on an equal education opportunity basis. and

(5) The intent of the Legislature in enacting this section and section five‑c of this article is to establish a process through which the Legislature, the Governor and the state board can work in the spirit of cooperation and collaboration intended in the process for improving education to consult and examine the performance and progress of students, schools and school systems and, when necessary, to consider alternative measures to ensure that all students continue to receive the thorough and efficient education to which they are entitled. However, nothing in this section requires any specific level of funding by the Legislature.

(b) Electronic county and school strategic improvement plans. ‑‑ The state board shall promulgate a rule consistent with the provisions of this section and in accordance with article three‑b, chapter twenty‑nine‑a of this code establishing an electronic county strategic improvement plan for each county board and an electronic school strategic improvement plan for each public school in this state. Each respective plan shall be for a period of no more than five years and shall include the mission and goals of the school or school system to improve student, school or school system performance and progress, as applicable. The strategic plan shall be revised annually in each area in which the school or system is below the standard on the annual performance measures. The plan shall be revised when required pursuant to this section to include each annual performance measure upon which the school or school system fails to meet the standard for performance and progress, the action to be taken to meet each measure, a separate time line and a date certain for meeting each measure, a cost estimate and, when applicable, the assistance to be provided by the department and other education agencies to improve student, school or school system performance and progress to meet the annual performance measure.

The department shall make available to all public schools through its website or the West Virginia Education Information System an electronic school strategic improvement plan boilerplate designed for use by all schools to develop an electronic school strategic improvement plan which incorporates all required aspects and satisfies all improvement plan requirements. of the No Child Left Behind Act

(c) High‑quality education standards and efficiency standards. ‑‑ In accordance with the provisions of article three‑b, chapter twenty‑nine‑a of this code, the state board shall adopt and periodically review and update high‑quality education standards for student, school and school system performance and processes in the following areas:

(1) Curriculum;

(2) Digital literacy;

(2)(3) Workplace readiness skills;

(3)(4) Finance;

(4)(5)Transportation;

(5)(6) Special education;

(6)(7) Facilities;

(7)(8) Administrative practices;

(8) (9) Training of county board members and administrators;

(9)(10) Personnel qualifications;

(10)(11) Professional development and evaluation;

(11)(12) Student performance, progress and attendance;

(12)(13) Professional personnel, including principals and central office administrators, and service personnel attendance;

(13)(14) School and school system performance and progress;

(14)(15)A code of conduct for students and employees; and

(15)(16) Indicators of efficiency. and

(16) Any other areas determined by the state board.

(d) West Virginia Academic Standards.

(1) For purposes of this subsection, “academic standards” are concise, written descriptions of what students are expected to know and be able to do at a specific stage of their education. Academic standards describe what students should have learned by the end of a course, grade level, or grade span.

(2) Legislative authority --.

Sections one and two, article twelve of the Constitution of the State of West Virginia impose a duty upon the Legislature to provide, by general law, for a thorough and efficient system of free schools and the ability to impose “duties as may be prescribed by law” on the West Virginia Board of Education.

(3)(A) Effective July 1, 2016, the State Board of Education is prohibited from implementing Common Core academic standards.

(B) Effective July 1, 2016, the State Board of Education shall adopt and implement the following academic standards for public schools:

(i) For academic standards for mathematics, in grades K-12, the board shall adopt and implement the Mathematics Content Standards for California Public Schools, adopted by the California State Board of Education in December, 1997, and the Mathematics Framework for California Public Schools, adopted by the California State Board of Education in March, 2005.

(ii) For academic standards in English Language Arts, the board shall adopt and implement the Massachusetts Curriculum Frameworks, implemented by the Massachusetts Department of Elementary and Secondary Education as the mandatory curriculum frameworks for English language arts in the year 2001, and any associated educational frameworks or supplementation; Provided, That any English Language Arts standard related to authors or literary works from the State of Massachusetts may be substituted with appropriate authors or literary works from the State of West Virginia.

(C) The academic standards developed pursuant to this section shall remain in place for a minimum of five academic years after the date of implementation.

(D) Effective immediately, any proposed changes to academic content standards for public schools shall comply with section two, article two-h, chapter eighteen of the code, which, in part, requires a sixty day written comment period and at least four public hearings in various locations in the state.

(4) The state board shall withdraw from the Memorandum of Agreement entered into with the Council of Chief State School Officers and The National Governors Association for Best Practices which required the state board to agree that Common Core represents eighty-five percent of West Virginia’s standards in English Language Arts and Mathematics and withdraw as a governing state in the Smarter Balanced Assessment Consortium;

 (d) (e) Comprehensive statewide student assessment program. -- The state board shall establish a comprehensive statewide student assessment program to assess student performance and progress in grades three through twelve. The assessment program is subject to the following:

(1) The state board shall promulgate a rule in accordance with the provisions of article three‑b, chapter twenty‑nine‑a of this code establishing the comprehensive statewide student assessment program;

(2) Prior to the 2014‑2015 school year, the state board shall align the comprehensive statewide student assessment for all grade levels in which the test is given with the college‑readiness standards adopted pursuant to section thirty‑nine, article two of this chapter or develop other aligned tests to be required at each grade level so that progress toward college readiness in English/language arts and math can be measured.

(3) The state board may require that student proficiencies be measured through the ACT EXPLORE and the ACT PLAN assessments or other comparable assessments, which are approved by the state board and provided by future vendors;

(1) Effective July 1, 2016, the Smarter Balanced Assessment or any other assessment based on the Common Core standards may not be used in West Virginia public schools.

(2) Beginning on July 1, 2016, the State Board of Education shall establish a Student Assessment Development Committee to develop and select appropriate statewide assessments to measure student progress and college and career-readiness, at each grade level from grades 3 through twelve, in the following subjects:

(A) English Language Arts; and

(B) Mathematics.

(3) The committee will be comprised of the following members, who shall be appointed by the county school boards:

(A) One representative, who is an academic content specialist, from each four-year public institution of higher education in this state.

(B) One educator from each public school district in this state. Each teacher serving on the committee will have the following qualifications:

(i) The teacher must currently hold a classroom teaching position; and

(ii) The teacher must have at least ten years of experience.

(C) Two teachers from the five school districts in the state with the largest student population.  Each teacher serving on the committee as a representative from the largest school districts must have the following qualifications:

(i) The teacher must currently hold a classroom teaching position; and

(ii) The teacher must have at least ten years of experience.

(4) Beginning prior to the 2016-2017 school year, the committee shall review and approve a summative assessment system to assess student academic progress in grades three, four and five.

(5) Beginning in school year 2016-2017, for federal and state accountability purposes, the committee shall develop a summative assessment system for administration to students in grades six through ten that assesses students in English, reading, writing, and mathematics. The assessment shall be administered to all public school students in grades six through ten and early high school grades nine and ten, to include those students as required by the federal Individuals with Disabilities Education Act and by Title I of the Elementary and Secondary Education Act. The summative assessment system must meet the following requirements:

(A) The assessment system must document student progress toward national college and career readiness benchmarks derived from empirical research and state standards;

(B) The assessment system must be capable of measuring individual student performance in English, reading, writing, and math;

(C) The assessment system must be available in paper-and-pencil and computer-based (by 2016-2017) formats; and

(D) The assessment system must be a predictive measure of student progress toward a national college readiness assessment used by higher education institutions for admissions purposes.

(6) Beginning with the school year 2016-2017, the committee shall review and approve a college readiness assessment to be administered to all students in the eleventh grade for the first time in school year 2016-2017 and subsequent years. The eleventh grade college readiness assessment shall be administered at least once to each eleventh grade student and shall meet the following requirements:

(A) The assessment must be a standardized, curriculum-based, achievement college entrance examination;

(B) The assessment must test student readiness for first-year, credit-bearing coursework in postsecondary education;

(C) The assessment must test in the areas of English, reading, writing, and mathematics;

(D) The assessment must have content area benchmarks for measuring student achievement;

(E) The assessment must be administered throughout the United States; and

(F) The assessment must be relied upon by institutions of higher education for admissions.

(7) Beginning with the school year 2016-2017, the committee shall review and approve career readiness assessments and assessment based credentials that measure and document foundational workplace skills. The assessments shall be administered to all public secondary school students in grades eleven or twelve for the first time in school year 2016-2017 and subsequent years. The assessment-based credential shall be available to any student that achieves required level on the required assessments. The assessments shall meet the following requirements:

(A) The assessments must be a standardized, criterion-referenced, measure of broadly relevant foundational workplace skills;

(B) The assessments must test and document student readiness for a wide range of jobs;

(C) The assessments must measure skills in all or any of the following areas:

(i) Applied mathematics;

(ii) Locating information; or,

(iii) Reading for information.

(D) The assessments must align with research-based skill requirement profiles for specific industries and occupations;

(E) The assessments must lead to a nationally recognized work readiness certificate for students that meet the minimum proficiency requirements on the component assessments; and

(F) The assessments must be available in paper-and-pencil and computer-based formats.

(8) The state board or committee may not acquire or implement any assessment instrument or instruments developed to specifically align with the Common Core State Standards including Smarter Balanced Assessment or Partnership for Assessment of Readiness for College and Careers (PARCC).

(9) For any online assessment, the state board shall provide online assessment preparation to ensure that students have the requisite digital literacy skills necessary to be successful on the assessment.

(10) The state board shall develop a plan and make recommendations regarding end of course assessments and student accountability measures and submit its findings to the Legislative Oversight Commission on Education and Accountability by December 31, 2016; Provided, That nothing in this section gives the state board the authority to promulgate rules regarding the content of academic standards or assessments.

(11) The state board shall develop a policy which outlines accountability measures for students taking the comprehensive statewide assessment.  Notwithstanding any other provision of law, a parent’s or guardian’s written request to school officials to excuse his or her child from any or all parts of the assessments administered pursuant to this subsection shall be granted; Provided, That no student whose parent has opted his or her child out of the assessment shall be disciplined or punished or receive a grade reduction.

(12) Any summative assessment approved by the committee shall take no more than two percent of a student’s instructional time.

(13) A student may not be required to complete a greater number of assessments than is required by the Every Student Succeeds Act.

(4) (14) The state board may require that student proficiencies be measured through the West Virginia writing assessment at any grade levels determined by the state board to be appropriate; and

(6) (15) The state board may provide through the statewide assessment program policy other optional testing or assessment instruments applicable to grade levels kindergarten through eight and grade eleven which may be used by each school to promote student achievement. The state board annually shall publish and make available, electronically or otherwise, to school curriculum teams and teacher collaborative processes the optional testing and assessment instruments.

(e) (f) State annual performance measures for school and school system accreditation. ‑‑

The state board shall promulgate a rule in accordance with the provisions of article three‑b, chapter twenty‑nine‑a of this code that establishes a system to assess and weigh annual performance measures for state accreditation of schools and school systems. The state board also may establish performance incentives for schools and school systems as part of the state accreditation system. On or before December 1, 2013, the state board shall report to the Governor and to the Legislative Oversight Commission on Education Accountability the proposed rule for establishing the measures and incentives of accreditation and the estimated cost therefore, if any. Thereafter, the state board shall provide an annual report to the Governor and to the Legislative Oversight Commission on Education Accountability on the impact and effectiveness of the accreditation system. The rule for school and school system accreditation proposed by the board may include, but is not limited to, the following measures:

(1) Student proficiency in English and language arts, math, science and other subjects determined by the board;

(2) Graduation and attendance rate;

(3) Students taking and passing AP tests;

(4) Students completing a career and technical education class;

(5) Closing achievement gaps within subgroups of a school=s student population; and

(6) Students scoring at or above average attainment on SAT or ACT tests.

(f) (g)Indicators of efficiency. ‑‑ In accordance with the provisions of article three‑b, chapter twenty‑nine‑a of this code, the state board shall adopt by rule and periodically review and update indicators of efficiency for use by the appropriate divisions within the department to ensure efficient management and use of resources in the public schools in the following areas:

(1) Curriculum delivery including, but not limited to, the use of distance learning;

(2) Transportation;

(3) Facilities;

(4) Administrative practices;

(5) Personnel;

(6) Use of regional educational service agency programs and services, including programs and services that may be established by their assigned regional educational service agency or other regional services that may be initiated between and among participating county boards; and

(7) Any other indicators as determined by the state board.

(g)(h) Assessment and accountability of school and school system performance and processes. ‑‑ In accordance with the provisions of article three‑b, chapter twenty‑nine‑a of this code, the state board shall establish by rule a system of education performance audits which measures the quality of education and the preparation of students based on the annual measures of student, school and school system performance and progress. The system of education performance audits shall provide information to the state board, the Legislature and the Governor, upon which they may determine whether a thorough and efficient system of schools is being provided. The system of education performance audits shall include:

(1) The assessment of student, school and school system performance and progress based on the annual measures established pursuant to subsection (e) (f) of this section;

(2) The evaluation of records, reports and other information collected by the Office of Education Performance Audits upon which the quality of education and compliance with statutes, policies and standards may be determined;

(3) The review of school and school system electronic strategic improvement plans; and

(4) The on‑site review of the processes in place in schools and school systems to enable school and school system performance and progress and compliance with the standards.

(h)(i) Uses of school and school system assessment information. ‑‑ The state board shall use information from the system of education performance audits to assist it in ensuring that a thorough and efficient system of schools is being provided and to improve student, school and school system performance and progress. Information from the system of education performance audits further shall be used by the state board for these purposes, including, but not limited to, the following:

(1) Determining school accreditation and school system approval status;

(2) Holding schools and school systems accountable for the efficient use of existing resources to meet or exceed the standards; and

(3) Targeting additional resources when necessary to improve performance and progress.

The state board shall make accreditation information available to the Legislature, the Governor, the general public and to any individual who requests the information, subject to the provisions of any act or rule restricting the release of information.

(i)(j) Early detection and intervention programs. ‑‑ Based on the assessment of student, school and school system performance and progress, the state board shall establish early detection and intervention programs using the available resources of the Department of Education, the regional educational service agencies, the Center for Professional Development and the Principals Academy, or other resources as appropriate, to assist underachieving schools and school systems to improve performance before conditions become so grave as to warrant more substantive state intervention. Assistance shall include, but is not limited to, providing additional technical assistance and programmatic, professional staff development, providing monetary, staffing and other resources where appropriate.

(j)(k) Office of Education Performance Audits. ‑‑

(1) To assist the state board in the operation of a system of education performance audits, the state board shall establish an Office of Education Performance Audits consistent with the provisions of this section. The Office of Education Performance Audits shall be operated under the direction of the state board independently of the functions and supervision of the state Department of Education and state superintendent. The Office of Education Performance Audits shall report directly to and be responsible to the state board in carrying out its duties under the provisions of this section.

(2) The office shall be headed by a director who shall be appointed by the state board and who serves at the will and pleasure of the state board. The annual salary of the director shall be set by the state board and may not exceed eighty percent of the salary of the state superintendent of Schools.

(3) The state board shall organize and sufficiently staff the office to fulfill the duties assigned to it by law and by the state board. Employees of the state Department of Education who are transferred to the Office of Education Performance Audits shall retain their benefits and seniority status with the Department of Education.

(4) Under the direction of the state board, the Office of Education Performance Audits shall receive from the West Virginia education information system staff research and analysis data on the performance and progress of students, schools and school systems, and shall receive assistance, as determined by the state board, from staff at the state Department of Education, the regional education service agencies, the Center for Professional Development, the Principals Academy and the School Building Authority to carry out the duties assigned to the office.

(5) In addition to other duties which may be assigned to it by the state board or by statute, the Office of Education Performance Audits also shall:

(A) Assure that all statewide assessments of student performance used as annual performance measures are secure as required in section one‑a of this article;

(B) Administer all accountability measures as assigned by the state board, including, but not limited to, the following:

(i) Processes for the accreditation of schools and the approval of school systems; and

(ii) Recommendations to the state board on appropriate action, including, but not limited to, accreditation and approval action;

(C) Determine, in conjunction with the assessment and accountability processes, what capacity may be needed by schools and school systems to meet the standards established by the state board and recommend to the state board plans to establish those needed capacities;

(D) Determine, in conjunction with the assessment and accountability processes, whether statewide system deficiencies exist in the capacity of schools and school systems to meet the standards established by the state board, including the identification of trends and the need for continuing improvements in education, and report those deficiencies and trends to the state board;

(E) Determine, in conjunction with the assessment and accountability processes, staff development needs of schools and school systems to meet the standards established by the state board and make recommendations to the state board, the Center for Professional Development, the regional educational service agencies, the Higher Education Policy Commission and the county boards;

(F) Identify, in conjunction with the assessment and accountability processes, school systems and best practices that improve student, school and school system performance and communicate those to the state board for promoting the use of best practices. The state board shall provide information on best practices to county school systems; and

(G) Develop reporting formats, such as check lists, which shall be used by the appropriate administrative personnel in schools and school systems to document compliance with applicable laws, policies and process standards as considered appropriate and approved by the state board, which may include, but is not limited to, the following:

(i) The use of a policy for the evaluation of all school personnel that meets the requirements of sections twelve and twelve‑a, article two, chapter eighteen‑a of this code;

(ii) The participation of students in appropriate physical assessments as determined by the state board, which assessment may not be used as a part of the assessment and accountability system;

(iii) The appropriate licensure of school personnel; and

(iv) The appropriate provision of multicultural activities.

Information contained in the reporting formats is subject to examination during an on‑site review to determine compliance with laws, policies and standards. Intentional and grossly negligent reporting of false information are grounds for dismissal of any employee.

(k)(l) On‑site reviews. ‑‑

(1) The system of education performance audits shall include on‑site reviews of schools and school systems which shall be conducted only at the specific direction of the state board upon its determination that circumstances exist that warrant an on‑site review. Any discussion by the state board of schools to be subject to an on‑site review or dates for which on‑site reviews will be conducted may be held in executive session and is not subject to the provisions of article nine‑a, chapter six of this code relating to open governmental proceedings. An on‑site review shall be conducted by the Office of Education Performance Audits of a school or school system for the purpose of making recommendations to the school and school system, as appropriate, and to the state board on such measures as it considers necessary. The investigation may include, but is not limited to, the following:

(A) Verifying data reported by the school or county board;

(B) Examining compliance with the laws and policies affecting student, school and school system performance and progress;

(C) Evaluating the effectiveness and implementation status of school and school system electronic strategic improvement plans;

(D) Investigating official complaints submitted to the state board that allege serious impairments in the quality of education in schools or school systems;

(E) Investigating official complaints submitted to the state board that allege that a school or county board is in violation of policies or laws under which schools and county boards operate; and

(F) Determining and reporting whether required reviews and inspections have been conducted by the appropriate agencies, including, but not limited to, the State Fire Marshal, the Health Department, the School Building Authority and the responsible divisions within the Department of Education, and whether noted deficiencies have been or are in the process of being corrected.

(2) The Director of the Office of Education Performance Audits shall notify the county superintendent of schools five school days prior to commencing an on‑site review of the county school system and shall notify both the county superintendent and the principal five school days before commencing an on‑site review of an individual school: Provided, That the state board may direct the Office of Education Performance Audits to conduct an unannounced on‑site review of a school or school system if the state board believes circumstances warrant an unannounced on‑site review.

(3) The Office of Education Performance Audits shall conduct on‑site reviews which are limited in scope to specific areas in which performance and progress are persistently below standard as determined by the state board unless specifically directed by the state board to conduct a review which covers additional areas.

(4) The Office of Education Performance Audits shall reimburse a county board for the costs of substitutes required to replace county board employees who serve on a review team.

(5) At the conclusion of an on‑site review of a school system, the director and team leaders shall hold an exit conference with the superintendent and shall provide an opportunity for principals to be present for at least the portion of the conference pertaining to their respective schools. In the case of an on‑site review of a school, the exit conference shall be held with the principal and curriculum team of the school and the superintendent shall be provided the opportunity to be present. The purpose of the exit conference is to review the initial findings of the on‑site review, clarify and correct any inaccuracies and allow the opportunity for dialogue between the reviewers and the school or school system to promote a better understanding of the findings.

(6) The Office of Education Performance Audits shall report the findings of an on‑site review to the county superintendent and the principals whose schools were reviewed within thirty days following the conclusion of the on‑site review. The Office of Education Performance Audits shall report the findings of the on‑site review to the state board within forty‑five days after the conclusion of the on‑site review. A school or county that believes one or more findings of a review are clearly inaccurate, incomplete or misleading, misrepresent or fail to reflect the true quality of education in the school or county or address issues unrelated to the health, safety and welfare of students and the quality of education, may appeal to the state board for removal of the findings. The state board shall establish a process for it to receive, review and act upon the appeals. The state board shall report to the Legislative Oversight Commission on Education Accountability during its July interim meetings, or as soon thereafter as practical, on each appeal during the preceding school year.

(7) The Legislature finds that the accountability and oversight of some activities and programmatic areas in the public schools are controlled through other mechanisms and agencies and that additional accountability and oversight may be unnecessary, counterproductive and impair necessary resources for teaching and learning. Therefore, the Office of Education Performance Audits may rely on other agencies and mechanisms in its review of schools and school systems.

(l) (m) School accreditation. ‑‑

(1) The state board shall establish levels of accreditation to be assigned to schools. The establishment of levels of accreditation and the levels shall be subject to the following:

(A) The levels will be designed to demonstrate school performance in all the areas outlined in this section and also those established by the state board;

(B) The state board shall promulgate legislative rules in accordance with the provisions of article three‑b, chapter twenty‑nine‑a of this code to establish the performance and standards required for a school to be assigned a particular level of accreditation; and

(C) The state board will establish the levels of accreditation in such a manner as to minimize the number of systems of school recognition, both state and federal, that are employed to recognize and accredit schools.

(2) The state board annually shall review the information from the system of education performance audits submitted for each school and shall issue to every school a level of accreditation as designated and determined by the state board.

(3) The state board, in its exercise of general supervision of the schools and school systems of West Virginia, may exercise any or all of the following powers and actions:

(A) To require a school to revise its electronic strategic plan;

(B) To define extraordinary circumstances under which the state board may intervene directly or indirectly in the operation of a school;

(C) To appoint monitors to work with the principal and staff of a school where extraordinary circumstances are found to exist, and to appoint monitors to assist the school principal after intervention in the operation of a school is completed;

(D) To direct a county board to target resources to assist a school where extraordinary circumstances are found to exist;

(E) To intervene directly in the operation of a school and declare the position of principal vacant and assign a principal for the school who will serve at the will and pleasure of the state board. If the principal who was removed elects not to remain an employee of the county board, then the principal assigned by the state board shall be paid by the county board. If the principal who was removed elects to remain an employee of the county board, then the following procedure applies:

(i) The principal assigned by the state board shall be paid by the state board until the next school term, at which time the principal assigned by the state board shall be paid by the county board;

(ii) The principal who was removed is eligible for all positions in the county, including teaching positions, for which the principal is certified, by either being placed on the transfer list in accordance with section seven, article two, chapter eighteen‑a of this code, or by being placed on the preferred recall list in accordance with section seven‑a, article four, chapter eighteen‑a of this code; and

(iii) The principal who was removed shall be paid by the county board and may be assigned to administrative duties, without the county board being required to post that position until the end of the school term; and

(F) Other powers and actions the state board determines necessary to fulfill its duties of general supervision of the schools and school systems of West Virginia.

(4) The county board may take no action nor refuse any action if the effect would be to impair further the school in which the state board has intervened.

(m)(n) School system approval. ‑‑ The state board annually shall review the information submitted for each school system from the system of education performance audits and issue one of the following approval levels to each county board: Full approval, temporary approval, conditional approval or nonapproval.

(1) Full approval shall be given to a county board whose schools have all been given full, temporary or conditional accreditation status and which does not have any deficiencies which would endanger student health or safety or other extraordinary circumstances as defined by the state board. A fully approved school system in which other deficiencies are discovered shall remain on full accreditation status for the remainder of the approval period and shall have an opportunity to correct those deficiencies, notwithstanding other provisions of this subsection.

(2) Temporary approval shall be given to a county board whose education system is below the level required for full approval. Whenever a county board is given temporary approval status, the county board shall revise its electronic county strategic improvement plan in accordance with subsection (b) of this section to increase the performance and progress of the school system to a full approval status level. The revised plan shall be submitted to the state board for approval.

(3) Conditional approval shall be given to a county board whose education system is below the level required for full approval, but whose electronic county strategic improvement plan meets the following criteria:

(A) The plan has been revised in accordance with subsection (b) of this section;

(B) The plan has been approved by the state board; and

(C) The county board is meeting the objectives and time line specified in the revised plan.

(4) Nonapproval status shall be given to a county board which fails to submit and gain approval for its electronic county strategic improvement plan or revised electronic county strategic improvement plan within a reasonable time period as defined by the state board or which fails to meet the objectives and time line of its revised electronic county strategic improvement plan or fails to achieve full approval by the date specified in the revised plan.

(A) The state board shall establish and adopt additional standards to identify school systems in which the program may be nonapproved and the state board may issue nonapproval  status whenever extraordinary circumstances exist as defined by the state board.

(B) Whenever a county board has more than a casual deficit, as defined in section one, article one of this chapter, the county board shall submit a plan to the state board specifying the county board=s strategy for eliminating the casual deficit. The state board either shall approve or reject the plan. If the plan is rejected, the state board shall communicate to the county board the reason or reasons for the rejection of the plan. The county board may resubmit the plan any number of times. However, any county board that fails to submit a plan and gain approval for the plan from the state board before the end of the fiscal year after a deficit greater than a casual deficit occurred or any county board which, in the opinion of the state board, fails to comply with an approved plan may be designated as having nonapproval status.

(C) Whenever nonapproval status is given to a school system, the state board shall declare a state of emergency in the school system and shall appoint a team of improvement consultants to make recommendations within sixty days of appointment for correcting the emergency. When the state board approves the recommendations, they shall be communicated to the county board. If progress in correcting the emergency, as determined by the state board, is not made within six months from the time the county board receives the recommendations, the state board shall intervene in the operation of the school system to cause improvements to be made that will provide assurances that a thorough and efficient system of schools will be provided. This intervention may include, but is not limited to, the following:

(i) Limiting the authority of the county superintendent and county board as to the expenditure of funds, the employment and dismissal of personnel, the establishment and operation of the school calendar, the establishment of instructional programs and rules and any other areas designated by the state board by rule, which may include delegating decision‑making authority regarding these matters to the state superintendent;

(ii) Declaring that the office of the county superintendent is vacant;

(iii) Declaring that the positions of personnel who serve at the will and pleasure of the county superintendent as provided in section one, article two, chapter eighteen‑a of this code, are vacant, subject to application and reemployment;

(iv) Delegating to the state superintendent both the authority to conduct hearings on personnel matters and school closure or consolidation matters and, subsequently, to render the resulting decisions and the authority to appoint a designee for the limited purpose of conducting hearings while reserving to the state superintendent the authority to render the resulting decisions;

(v) Functioning in lieu of the county board of education in a transfer, sale, purchase or other transaction regarding real property; and

(vi) Taking any direct action necessary to correct the emergency including, but not limited to, the following:

(I) Delegating to the state superintendent the authority to replace administrators and principals in low performing schools and to transfer them into alternate professional positions within the county at his or her discretion; and

(II) Delegating to the state superintendent the authority to fill positions of administrators and principals with individuals determined by the state superintendent to be the most qualified for the positions. Any authority related to intervention in the operation of a county board granted under this paragraph is not subject to the provisions of article four, chapter eighteen‑a of this code.

(n)(o) Notwithstanding any other provision of this section, the state board may intervene immediately in the operation of the county school system with all the powers, duties and responsibilities contained in subsection (m) (n) of this section, if the state board finds the following:

(1) That the conditions precedent to intervention exist as provided in this section; and that delaying intervention for any period of time would not be in the best interests of the students of the county school system; or

(2) That the conditions precedent to intervention exist as provided in this section and that the state board had previously intervened in the operation of the same school system and had concluded that intervention within the preceding five years.

(o)(p) Capacity. ‑‑ The process for improving education includes a process for targeting resources strategically to improve the teaching and learning process. Development of electronic school and school system strategic improvement plans, pursuant to subsection (b) of this section, is intended, in part, to provide mechanisms to target resources strategically to the teaching and learning process to improve student, school and school system performance. When deficiencies are detected through the assessment and accountability processes, the revision and approval of school and school system electronic strategic improvement plans shall ensure that schools and school systems are efficiently using existing resources to correct the deficiencies. When the state board determines that schools and school systems do not have the capacity to correct deficiencies, When the state board determines that schools and school systems do not have the capacity to correct deficiencies, the state board shall take one or more of the following actions:

(1) Work with the county board to develop or secure the resources necessary to increase the capacity of schools and school systems to meet the standards and, when necessary, seek additional resources in consultation with the Legislature and the Governor;

(2) Recommend to the appropriate body including, but not limited to, the Legislature, county boards, schools and communities methods for targeting resources strategically to eliminate deficiencies identified in the assessment and accountability processes. When making determinations on recommendations, the state board shall include, but is not limited to, the following methods:

(A) Examining reports and electronic strategic improvement plans regarding the performance and progress of students, schools and school systems relative to the standards and identifying the areas in which improvement is needed;

(B) Determining the areas of weakness and of ineffectiveness that appear to have contributed to the substandard performance and progress of students or the deficiencies of the school or school system and requiring the school or school system to work collaboratively with the West Virginia Department of Education State System of Support to correct the deficiencies;

(C) Determining the areas of strength that appear to have contributed to exceptional student, school and school system performance and progress and promoting their emulation throughout the system;

(D) Requesting technical assistance from the School Building Authority in assessing or designing comprehensive educational facilities plans;

(E) Recommending priority funding from the School Building Authority based on identified needs;

(F) Requesting special staff development programs from the Center for Professional Development, the Principals Academy, higher education, regional educational service agencies and county boards based on identified needs;

(G) Submitting requests to the Legislature for appropriations to meet the identified needs for improving education;

(H) Directing county boards to target their funds strategically toward alleviating deficiencies;

(I) Ensuring that the need for facilities in counties with increased enrollment are appropriately reflected and recommended for funding;

(J) Ensuring that the appropriate person or entity is held accountable for eliminating deficiencies; and

(K) Ensuring that the needed capacity is available from the state and local level to assist the school or school system in achieving the standards and alleviating the deficiencies.

(p) Building leadership capacity B To help build the governance and leadership capacity of a county board during an intervention in the operation of its school system by the state board, and to help assure sustained success following return of control to the county board, the state board shall require the county board to establish goals and action plans, subject to approval of the state board, to improve performance sufficiently to end the intervention within a period of not more than five years. The state superintendent shall maintain oversight and provide assistance and feedback to the county board on development and implementation of the goals and action plans. At a minimum, the goals and action plans shall include:

(A) An analysis of the training and development activities needed by the county board and leadership of the school system and schools for effective governance and school improvement;

(B) Support for the training and development activities identified which may include those made available through the state superintendent, regional education service agencies, Center for Professional Development, West Virginia School Board Association, Office of Education Performance Audits, West Virginia Education Information System and other sources identified in the goals and action plans. Attendance at these activities included in the goals and action plans is mandatory as specified in the goals and action plans; and

(C) Active involvement by the county board in the improvement process, working in tandem with the county superintendent to gather, analyze and interpret data, write time‑specific goals to correct deficiencies, prepare and implement action plans and allocate or request from the State Board of Education the resources, including board development training and coaching, necessary to achieve approved goals and action plans and sustain system and school improvement.

At least once each year during the period of intervention, the Office of Education Performance Audits shall assess the readiness of the county board to accept the return of control of the system or school from the state board and sustain the improvements, and shall make a report and recommendations to the state board supported by documented evidence of the progress made on the goals and action plans. The state board may end the intervention or return any portion of control of the operations of the school system or school that was previously removed at its sole determination. If the state board determines at the fifth annual assessment that the county board is still not ready to accept return of control by the state board and sustain the improvements, the state board shall hold a public hearing in the affected county at which the attendance by all members of the county board is requested so that the reasons for continued intervention and the concerns of the citizens of the county may be heard. The state board may continue the intervention only after it holds the public hearing and may require revision of the goals and action plans.

Following the termination of an intervention in the operation of a school system and return of full control by the state board, the support for governance education and development shall continue as needed for up to three years. If at any time within this three years, the state board determines that intervention in the operation of the school system is again necessary, the state board shall again hold a public hearing in the affected county so that the reasons for the intervention and the concerns of the citizens of the county may be heard.”

Delegate Moye was addressing the House and Delegate Moffatt arose to a point of order relating to the content of Delegate Moye’s remarks. To this point, the Speaker ruled that the Gentleman had not transgressed the rules of the House.

            Delegate Campbell was addressing the House and Delegate Frich arose to a point of order related to House Rule 137a.  To this point, the Speaker ruled the Gentlelady had not transgressed the rules of the House.

On the adoption of the amendment, Delegate Campbell demanded the yeas and nays, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 201), and there were, including 2 paired --yeas 35, nays 62, absent and not voting 3, with the paired, absent and not voting and paired being as follows:

Pursuant to House Rule 43, the following pairing was filed and announced by the Clerk:

Paired:

                        Yea:     J. Nelson                     Nay:    Skinner

Yeas: Atkinson, Azinger, Blair, Border, Butler, Faircloth, Fast, Fluharty, Folk, Frich, Gearheart, Hamrick, Householder, Howell, Ihle, Kurcaba, Lane, McGeehan, Miller, Moffatt, Overington, R. Phillips, Reynolds, Rohrbach, R. Smith, Sobonya, Storch, Summers, Trecost, Upson, Waxman, Weld, B. White, Zatezalo.

Absent and Not Voting: Ferro, Kelly and Morgan.

So, a majority of the members present and voting not having voted in the affirmative, the amendment was rejected.

Delegate Butler moved to amend the bill on page five, section five, line eighty-eight, after the  word “schools” and the quotation mark, by inserting “to prescribe by law the duties of the state board of education in the general supervision of free public schools, to prescribe by law the powers and duties of the superintendent of education and to”.

            On page five, section five, line ninety-nine, after the word “standards” and the period, by inserting a new subdivision as follows:

            “The Legislature hereby establishes an Academic Standards Evaluation Panel.  The Senate President shall appoint two subject matter experts, one in mathematics and one in English Language Arts, and the Speaker of the House shall appoint two subject matter experts, one in mathematics and one in English Language Arts. The Committee on Academic Standards shall:

(A)  Using the West Virginia College – and – Career – Readiness Standards for English

Language Arts and Mathematics as a framework, review and revise the standards, including additions, deletions, and edits based upon empirical research and data to ensure grade-level alignment to the standards of states with a proven track record of consistent high-performing student achievement in English Language Arts on the National Assessment of Educational Progress and in Mathematics, on both the National Assessment of Educational Progress and Trends in Math and Science Study international Assessment.

(B)  Remove Common Core strategies that require instructional methods.

(C) The Panel recommended revisions shall be completed by October 1, 2016.”

And,

On, page five, section five, line ninety-nine, after the word “standards” and the period, by inserting a new subsection to read as follows:

            “The state board of education shall adopt and implement the standards in a manner that minimizes classroom interruptions on or before the 2017-2018 school year.”

            On the adoption of the amendment, Delegate Butler demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 202), and there were, including 2 paired --yeas 54, nays 42, absent and not voting 4, with the paired 2, nays, absent and not voting and paired being as follows:

Pursuant to House Rule 43, the following pairing was filed and announced by the Clerk:

Paired:

                        Yea:     J. Nelson                     Nay:    Skinner

Nays: Ambler, Bates, Blackwell, Boggs, Byrd, Campbell, Canterbury, Caputo, Cooper, Cowles, Duke, Eldridge, A. Evans, D. Evans, Fleischauer, Fluharty, Guthrie, Hamilton, Hanshaw, Hartman, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moye, Perdue, Perry, Pethtel, Pushkin, Reynolds, Romine, Rowan, Rowe, Shaffer, P. Smith, Sponaugle, Trecost, P. White.

Absent and Not Voting: Ferro, Moore, Morgan and R. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the amendment was adopted.

            On motion of Delegate Butler the bill was amended on page six, section five, line one hundred five, after the word “board”, by striking out the words “after the effective date of this subsection”.

            On motion of Delegate Hamrick the bill was amended on page nine, section five, line two hundred, after the word “be”, by striking out the rest of the sentence and inserting in lieu thereof the following:

            “disciplined, punished, or receive a grade reduction: Provided further, That no student shall be refused a Promise Scholarship, placed in remedial courses, or refused admission to a West Virginia institution of higher education, based upon the choice of the parent to opt the student out.”

On motion of Delegate Hamrick, the bill was then amended on page seven, section five, line one hundred forty-nine, after the word “writing”, by inserting the words “science” and a comma.

            And,

            On page eight, section five, line one hundred and sixty-two, after the word “writing”, by inserting the word “science” and a comma.

            On motion of Delegate Waxman, the bill was amended on page seven, section five, line one hundred thirty-nine, after the word “and”, by inserting the words “once in”.

And,

            On page seven, section five, line one hundred forty-one, after the word “and”, by striking out the words “early high school grades nine and ten” and inserting in lieu thereof the words “once in high school”.

            Delegate Waxman moved to amend the bill, on page nine, section five, line two hundred one, after the word “than”, by striking out the word “two” and inserting in lieu thereof the word “one”.

            On the adoption of the amendment, Delegate Waxman demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 203), and there were, including 2 paired  --yeas 34, nays 63, absent and not voting 3, paired 2, with the yeas and absent and not voting and paired being as follows:

Pursuant to House Rule 43, the following pairing was filed and announced by the Clerk:

Paired:

                        Yea:     J. Nelson                     Nay:    Perdue

Yeas: Atkinson, Azinger, Blair, Butler, Cadle, Deem, Faircloth, Fast, Folk, Frich, Gearheart, Hamrick, Householder, Howell, Ihle, Kessinger, Kurcaba, Lane, McCuskey, McGeehan, Miller, Moffatt, O'Neal, Overington, Phillips, R. Smith, Sobonya, Summers, Trecost, Upson, Waxman, B. White and Mr. Speaker (Mr. Armstead).

Absent and Not Voting: Ferro, Morgan and Sponaugle.

            So, a majority of the members present and voting not having voted in the affirmative, the amendment was rejected.

An amendment to the bill, recommended by Delegate Moffatt, was reported by the Clerk.

            Whereupon,

            Unanimous consent having been obtained the amendment was reformed as follows:

“The state board shall not implement the ‘Next Generation Content Standards and Objectives for Science in West Virginia Schools’ that are to become effective July 1, 2016 and leave in place current science standards through June 30, 2017.”

Delegate Deem was addressing the House and Delegate Skinner arose to a point of order relating to the content of Delegate Deem’s remarks. To this point, the Speaker asked the Gentleman to confine his remarks to the merits of the bill.

            Delegate Caputo moved that the amendment be tabled.

            On this motion, Delegate Caputo demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 204), and there were--yeas 15, nays 80, absent and not voting 5, with the yeas and absent and not voting being as follows:

Yeas: Bates, Caputo, Fleischauer, Guthrie, Hartman, Hornbuckle, Longstreth, Miley, Moore, Perdue, Pushkin, Rodighiero, Shaffer, Sponaugle and P. White.

Absent and Not Voting: Duke, Ferro, Morgan, J. Nelson and R. Phillips.

            So, a majority of the members present and voting not having voted in the affirmative, the motion was rejected.

            Delegate Marcum moved the previous question then subsequently withdrew the motion.

            On the adoption of the amendment, Delegate Moffatt demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 205), and there were, including 2 paired - yeas 57, nays 40, absent and not voting 3, with the paired and nays and absent and not voting being as follows:

Pursuant to House Rule 43, the following pairing was filed and announced by the Clerk:

Paired:

            Yea:     J. Nelson         Nay:    Skinner

Nays: Ambler, Bates, Boggs, Byrd, Campbell, Canterbury, Caputo, Cooper, D. Evans, Flanigan, Fleischauer, Fluharty, Guthrie, Hanshaw, Hartman, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Moye, E. Nelson, Perdue, Perry, Pethtel, Pushkin, Rodighiero, Rowan, Rowe, Shaffer, Sponaugle, Statler, Wagner, Walters, Westfall and P. White.

Absent and Not Voting: Duke, Ferro and Morgan.

            So, a majority of the members present and voting having voted in the affirmative, the amendment was adopted.

On motion of Delegate Kurcaba, the bill was amended on page five, section five, beginning with line ninety-four, after the number three and the parenthesis, by striking out the paragraph in its entirety and inserting in lieu thereof:

            “While recognizing that on December 15, 2015, the state board adopted what it represented were academic standards no longer aligned with Common Core State Standards and renamed them ‘West Virginia College – and – Career – Readiness Standards for English Language Arts (Policy 2520.1A)’ and ‘West Virginia College – and – Career – Readiness Standards for Mathematics (Policy 2520.1B’).”

On motion of Delegate Ambler, the bill was amended on page six, section five, line one hundred nine, by striking out subsection (B) in its entirety and relettering the remaining subsections.

            There being no further amendments, the bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 4201, Increasing the criminal penalties for participating in an animal fighting venture; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Perdue, the bill was amended on page two, section nineteen-a, line four, following the word “animal”, by replacing the period with a colon, and adding the following proviso:

Provided, however, That this does not include poultry owners who raise their fowl for breeding for the purpose of production of free range poultry, egg production or exhibition.”

The bill was then ordered to engrossment and third reading.

            H. B. 4334, Clarifying the requirements for a license to practice as an advanced practice registered nurse and to expand the prescriptive authority that may be granted to advanced practice registered nurses; on second reading, coming up in regular order, was, on motion of Delegate Cowles, postponed one day.

            H. B. 4351, Transferring the Cedar Lakes Camp and Conference Center from the West Virginia Board of Education to the Department of Agriculture; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the bill on page one, section sixteen-b, line eight, after the word “benefits” and the period, by inserting the following:

“All employees shall become will and pleasure employees in accordance with section four, article six, chapter twenty-nine of the code of West Virginia, and are exempt from coverage by classified service.”

The bill was then ordered to engrossment and third reading.

            H. B. 4358, Relating to out of state physicians and surgeons traveling with sports teams within this state; 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, section eight-a, line one, after the word “practice”, by striking out the word “or”.

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 4433, Allowing an adjustment to gross income for calculating the personal income tax liability of certain retirees; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 4487, Relating to state retirement systems; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 4519, Allowing certain municipalities to elect to participate in the West Virginia Municipal Police Officers and Firefighters Retirement System; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4558, Relating to victim notification and designation of additional individuals to receive notice of an offender's release; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 4607, Adding violations of law upon which a public servant’s retirement plan may be forfeited; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 4636, Increasing the penalties for violating the Whistle-blower Law; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4652, Relating to the creation of an intermediate contractor’s license; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page one, section three, line eight, after the words “undertaking is”, by striking out the dollar amount “$2,500” and inserting in lieu thereof the dollar amount “5,000”.

And,

On page two, section three, line thirty-seven after the words “undertaking is”, by striking out “$10,000” and inserting in lieu thereof “$15,000”.

            The bill was then ordered to engrossment and third reading.

            H. B. 4706, Relating to county board regional meetings; on second reading, coming up in regular order, was, on motion of Delegate Cowles postponed one day.

First Reading

            The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:

            Com. Sub. for S. B. 68, Disallowing Health Care Authority to conduct rate review and set rates for hospitals,

            Com. Sub. for H. B. 2110, Relating generally to the tax treatment of manufacturing entities,

            Com. Sub. for H. B. 2205, Creating the crime of prohibited sexual contact by a psychotherapist,

            Com. Sub. for H. B. 2801, Permitting county commissions and municipalities to designate areas of special interest which will not affect the use of property in those areas,

            H. B. 2960, Permitting county boards of education to develop emergency preparedness drills in schools,

            Com. Sub. for H. B. 4237, Supporting and Strengthening Families Act,

            H. B. 4299, Increasing the amount volunteer fire companies or paid fire departments may charge for reimbursement,

            H. B. 4321, Relating to tax credits for apprenticeship training in construction trades,

            Com. Sub. for H. B. 4330, Relating to make unlawful to take a fish, water animal or other aquatic organism from state waters to stock a commercial pond or lake,

            Com. Sub. for H. B. 4339, Relating to wildlife resources,

            Com. Sub. for H. B. 4380, Adding the spouse of an indigent person as a possible individual who may be liable for the funeral service expenses,

            H. B. 4411, Relating to penalty for illegally taking native brook trout,

            H. B. 4461, Relating to School Building Authority School Major Improvement Fund eligibility,

            Com. Sub. for H. B. 4554, Allowing an increase of gross weight limitations on certain roads in Greenbrier County,

            Com. Sub. for H. B. 4587, Relating to violations associated with absent voters’ ballots,

            H. B. 4658, Relating to the Board of Funeral Service Examiners,

            H. B. 4725, Relating to 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 and making certain clarifications,

            H. B. 4727, Relating to state plan amendments,

            H. B. 4728, Relating to schedule three controlled substances,

            H. B. 4730, Relating to computer science courses of instruction,

            H. B. 4731, Relating to requiring comprehensive drug awareness and prevention program in all public schools,

            H. B. 4732, Relating to performance metrics for the West Virginia Division of Highways,

            And,

            H. B. 4733, Relating to requiring the Commissioner of Highways to develop a statewide communications plan known as the Comprehensive Public Involvement Plan.

Conference Committee Report Availability

            At 5:25 p.m., the Clerk announced availability in his office of the report of the Committee of Conference on Com. Sub. for H. B. 2800, Adding law-enforcement officers’ contact information and names of family members to the list of exemptions from public records requests.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

            Com. Sub. for H. B. 3019, Requiring official business and records of the state and its political subdivisions be conducted in English.

            A message from the Senate, by

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

            S. B. 94 - “A Bill to amend and reenact §17C-16-4 of the Code of West Virginia, 1931, as amended, relating to designating Superintendent of the West Virginia State Police as current administrator and enforcer of motor vehicle inspection program”; which was referred to the Committee on Roads and Transportation then Government Organization.

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the title amendment of the House of Delegates and the passage, as amended, to take effect from passage, of

            S. B. 462, Reducing deposit of excess lottery proceeds into WV Infrastructure Fund.

            A message from the Senate, by

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

            S. B. 476 - “A Bill to amend and reenact §17C-6-1 of the Code of West Virginia, 1931, as amended, relating to driving restrictions in school zones; authorizing county boards of education to expand school zones to a road adjacent to school property by formal request; and requiring Division of Highways to expand school zones accordingly within thirty days of receiving the formal request”; which was referred to the Committee on the Judiciary.

A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to

            S. B. 509, Removing 10-day requirement Division of Labor has to inspect amusement rides and attractions.

            The message further announced that the President of the Senate had appointed as Conferees on the part of the Senate the following:

            Senators Blair, Ferns and Snyder.

            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.

Committee Reports

The Speaker announced that the Committee Report for H. B. 4346 which was announced earlier was incorrect, and the Clerk will now report the corrected report.

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

Your Committee on the Judiciary has had under consideration:

H. B. 4346, Relating to bear hunting and offenses and penalties,

And reports the same back with the recommendation that it do pass.

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

            Your Committee on Finance has had under consideration:

            H. B. 4352, Relating to the selling of certain state owned health care facilities by the Secretary of the Department of Health and Human Resources,

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

Com. Sub. for H. B. 4352  - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-24, relating to the potential sale, renovation or leasing of certain state-owned health care facilities by the Secretary of the Department of Health and Human Resources; requiring the secretary to contract a consultant to submit a plan relating to the potential sale, renovation or lease of such facilities to the Governor and Joint Committee on Government and Finance by November 30, 2016; identifying the minimum contents of said plan; exempting the hiring of the said consultant from certain purchasing requirements; requiring the secretary to update the Joint Committee on Government and Finance regarding the selection of the consultant; requiring the Director of the Division of Personnel to assist the secretary to create a strategy related to the employees of the facilities that are the subject of the plan; creating in the State Treasury a special revenue account to be known as the “Health Care Facilities Liquidation Fund”; requiring the secretary to prepare an accounting of all such assets, and providing that expenditures from the fund are not authorized from collections deposited in the fund but are to be made only in accordance with appropriation by the Legislature; and prohibiting the secretary from acting pursuant to the plan without enactment of legislation authorizing the same,”

            With the recommendation that the committee substitute do pass.

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

Your Committee on the Judiciary has had under consideration:

H. B. 2826 – “Requiring the Commissioner of the Division of Highways to approve points of access to and from state highways to real property used or to be used for commercial, industrial or mercantile purposes; ‘Sarah Nott’s Law’.”

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

Com. Sub. for H. B. 2826 – “A Bill to amend and reenact §17-4-49 of the Code of West Virginia, 1931, as amended, relating to access from commercial, industrial or mercantile establishments; requiring the Commissioner of the Division of Highways when he or she deems appropriate, to either place no parking signs or clearly mark right-of-way areas with yellow paint with the words “no parking” and hash marks for points of access existing on or before July 1, 2016 for business, industrial or mercantile establishments where the driveway entrance or access is more than fifty feet wide and is along a road with a speed limit of more than forty-five miles per hour; requiring owners of points of access approved after July 1, 2016 to include no parking signs, markings and paint necessary to comply with appropriate safety requirements and with the approval of the commissioner; and designating this as ‘Sarah Nott’s Law’,” 

With the recommendation that the committee substitute do pass.

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

Your Committee on the Judiciary has had under consideration:

H. B. 4502, Allowing reciprocity agreements with contiguous states to establish regulations, licensing requirements and taxes for small businesses,

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

Com. Sub. for H. B. 4502  - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-1-29, relating to reciprocity agreements with contiguous states and the District of Columbia; authorizing the governor to enter into and renew reciprocity agreements with the governors and other appropriate state governmental agencies from states that share contiguous borders with this state, including the District of Columbia, to establish regulations, licensing requirements and taxation for small businesses headquartered in contiguous states or the District of Columbia that conduct business in this state; providing the governor discretionary power to delegate such authority to the Attorney General or secretary of an executive branch department to negotiate and enter into such reciprocity agreements on behalf of the governor; requiring any reciprocity agreement that impacts or affects taxation, either the receipt or payment thereof, to be approved by Legislative act; and defining terms,”

With the recommendation that the committee substitute do pass.

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

Your Committee on the Judiciary has had under consideration:

            H. B. 4317, Limiting factors in parenting plans,

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

            Com. Sub. for H. B. 4317  - “A Bill to amend and reenact §48-9-209 of the Code of West Virginia, 1931, as amended, relating to limiting factors in parenting plans; and changing language relating to parental activity of ‘making repeated fraudulent reports of domestic violence or child abuse’ to making ‘one or more’ such reports as a factor a court shall consider in imposing limits on a parenting plan in order to protect a child from harm,”

With the recommendation that the committee substitute do pass.

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

Your Committee on the Judiciary has had under consideration:

H. B. 4448, Clarifying that communication by a lender or debt collector which is allowed under the West Virginia Consumer Credit and Protection Act, likewise does not violate the provisions of the West Virginia Computer Crime and Abuse Act,

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

Com. Sub. for H. B. 4448  - “A Bill to amend and reenact §61-3C-14a of the Code of West Virginia, 1931, as amended, relating to violations of the West Virginia Computer Crime and Abuse Act; providing an exception to the prohibition against making contact with a person after being requested by the person to desist from contacting them; and providing that communications made by a lender or debt collector to a consumer that do not violate the West Virginia Consumer Credit and Protection Act are not a violation of the West Virginia Computer Crime and Abuse Act’s prohibition against making contact with a person after being requested by the person to desist from contacting them,”

With the recommendation that the committee substitute do pass.

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

Your Committee on the Judiciary has had under consideration:

H. B. 4505, Allowing powerball winners to remain anonymous,

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

Com. Sub. for H. B. 4505 - A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated  §29-22-15a; and to amend  and reenact  §29B-1-4 of said code, all relating to allowing powerball winners to remain anonymous; and providing for an exemption under the Freedom of Information Act for powerball winner information,”

With the recommendation that the committee substitute do pass.

Leaves of Absence

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

Remarks of Members

            Delegate Perry asked and obtained unanimous consent that all remarks on the passage of S. B. 419, Relating to termination of Workers’ Compensation Debt Reduction Act, be printed in the Appendix to the Journal.

Miscellaneous Business

            Delegate Frich filed a form with the Clerk's Office per House Rule 94b to be added as a cosponsor of H. B. 2977.

            Delegate Guthrie noted to the Clerk that she was absent when the votes were taken on Roll Nos. 186 and 187, and that had she been present, she would have voted  “Yea” thereon.

Delegate Sponaugle noted to the Clerk that he was absent when the vote were taken on Roll No. 193, and that had he been present, he would have voted  “Nay” thereon.

            At 5:35 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 26, 2016.