__________*__________

 

 

 

Thursday, March 10, 2016

FIFTY-EIGHTH DAY

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

 

 

            The House of Delegates met at 9:30 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, March 9, 2016, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

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

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 9th day of March, 2016, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:

(Com. Sub. for H. B. 4228), Relating to transportation network companies.

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. J. R. 14, Right to Farm and Ranch Amendment,

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. J. R. 36, The Simple Majority Levy Approval Amendment,

And reports the same back with the recommendation that it be adopted.

Resolutions Introduced

            Delegates Ambler, Blackwell, Campbell, Cooper, Duke, Ellington, Espinosa, D. Evans, Hamrick, Hicks, Hornbuckle, Kelly, Kurcaba, Moye, Perdue, Perry, Rodighiero, Rohrbach, Rowan, Statler, Trecost, Upson, Wagner and Westfall offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 112 - “Requesting the Joint Committee on Government and Finance study interscholastic student athlete safety issues relating to the development of emergency action plans and policies that would enhance the protection of student-athletes’ health and safety in boys’ and girls’ interscholastic athletic practices and games in the State of West Virginia.”

Whereas, The West Virginia Department of Education and the West Virginia Secondary Schools Activities Commission strive to protect the health and safety of their student-athletes during all practices and games; and

Whereas, Coaches of all sports should endeavor to conduct programs in a manner designed to address the physical well-being of student-athletes; and

Whereas, Students are more likely to face unnecessary injuries and tragic deaths when emergency policies and procedures are not in place; and

Whereas, Injuries such as concussion, heat illness, and cardiac arrest present a significant threat to the lifetime health and wellness of student athletes; and

Whereas, In order to provide protection to student athletes, schools are encouraged to have heath care professionals such as athletic trainers at competitive athletic practices and games; and

Whereas, The states of Arkansas, North Carolina and Texas have passed legislation requiring that school districts develop and implement emergency plans to ensure that the best care is provided to student athletes throughout the state; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study interscholastic student athlete safety issues relating to the development of emergency action plans and policies that would enhance the protection of student athletes’ health and safety in girls’ and boys’ interscholastic athletic practices and games in the State of West Virginia; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2017, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate any recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, prepare a report and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

            Delegates Espinosa, Householder, Upson, McGeehan, Storch, Zatezalo and Guthrie offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 113 - “Requesting the Joint Committee on Government and Finance to establish a select committee to study all aspects of the lottery, gaming and live racing industry in West Virginia.”

Whereas, West Virginia’s lottery, gaming and live racing industries have become significant revenue sources for the State of West Virginia, as well as providing thousands of jobs to West Virginians; and

Whereas, The live racing industry has a long and storied history, beginning in 1787 when George Washington’s youngest brother Charles raced horses through the streets of what would become Charles Town, West Virginia; and

Whereas, Formal horse racing tracks were established in West Virginia some years later, with the racetrack at Charles Town opening in 1933 and the precursor to Mountaineer Racetrack being founded in 1937.  West Virginia greyhound racing followed with the opening of Wheeling Downs, a facility which found its racing origin in 1937 and in 1985, Tri-State Greyhound Park, now, Mardi Gras Casino and Racetrack, opened; and

Whereas, In an effort to protect and preserve West Virginia’s celebrated racing industry and the thousands of jobs associated therewith, the West Virginia Legislature voted to allow slot-machine style video lottery in 1994, and casino-style table games in 2007, at our state’s four racetracks, with approval by the local electorate, in accord with the provisions of article twenty-two-c, chapter twenty-nine of the West Virginia Code; and

Whereas, Each of the four counties in West Virginia where a racetrack is located ultimately exercised their referendum rights under section seven, article twenty-two-c, chapter twenty-nine of the code, and voted to approve racetrack video lottery and table games at their respective racetrack facilities based on the promise that a portion of the revenues generated would be used to preserve and protect live racing, as well as promote the industry of breeding thoroughbred horses and greyhounds while creating greenspace; and

Whereas, Invariably, after five years, section seven, article twenty-two-c, chapter twenty-nine of the code also provides for a subsequent local county recall referendum to revisit the decision by local voters to approve casino style gaming at the racetrack venues; and

Whereas, The “racinos” in West Virginia not only employee thousands of West Virginians and generate hundreds of millions of dollars of revenue for state government, the statutory structure by which they are licensed and operated, has fostered the development of live racing and breeding of thoroughbreds and greyhounds as an industry as provided in the statute; and

 Whereas, Many individuals, companies, partnerships and entities have made and continue to make substantial investments in West Virginia based on the statutory framework designed to preserve and protect live racing and promote the industry of breeding of thoroughbred horses and greyhound racing stock; and

Whereas, In addition to supplementing racing and local governments, moneys generated by gaming at our state’s racetracks have been used to bolster our state’s general revenue fund as well as the state’s Development Office Promotion Fund, debt reduction funds, State Capitol improvements, the Division of Tourism, and to finance public school construction through the West Virginia School Building Authority, fund the Promise Scholarship Program, contribute to racetrack employee pensions and capital improvements for racetrack facilities; and

Whereas, West Virginia’s “racino” model proved most successful, becoming a reliable source of income for the state, but now the model is confronted with declining levels of performance for West Virginia; and

Whereas, Until recent years, West Virginia’s four “racinos” benefitted from modest market competition in neighboring states, thereby claiming a large portion of the gaming market east of the Mississippi River; and

Whereas, Our surrounding states have learned from our successful gaming regulations and have implemented similar models, allowing for new casino properties to open near the West Virginia’s borders of Ohio, Pennsylvania and Maryland; and

Whereas, Though West Virginia’s four “racinos” once enjoyed little competition for regional gaming dollars, there are now approximately twenty new casinos in neighboring states with which West Virginia’s “racinos” must compete for revenues and others under yet to become active which increases the competition for regional gaming dollars; and

Whereas, Due to this competition, racing and gaming revenues upon which our state has become so dependent are decreasing at a rapid pace, which creates a diminishing amount of money for all of the distributees of money generated by “racinos” and allocated in accordance with current law; and

Whereas, In addition to the loss of revenues for the state, the jobs of thousands of West Virginia families who rely on the live racing and gaming industries for their livelihood are also at risk; and

Whereas, There may be opportunities to capture additional revenues from the live racing, gaming and lottery enterprises in West Virginia, including models from other jurisdictions involving off-track betting, Automated Deposit Wagering or ADW to allow for convenient pari-mutuel wagering, equi-lottery, marketing West Virginia’s casino and live racing enterprises to regional and national markets, evaluating and improving marketing strategies of the West Virginia Lottery,  evaluating the operational efficiencies and effectiveness of the West Virginia Lottery, including a comparative analysis with similar sized lottery operations of the various states as to cost and number of employees; to evaluate privatization opportunities within the gambit of West Virginia Lottery operations from the perspective of overall effectiveness, cost savings and productivity; review and analyze the findings of the 2015 Report of the Select Committee of the West Virginia Racing Commission containing recommendations for enhancement of live racing in West Virginia; and in general review in the entirety role of, efficiency, cost and effectiveness of state government in overseeing gaming, lottery and live racing activities in West Virginia to provide greater understanding by legislative policymakers of such activities in order to better serve all of West Virginia citizens; and

Whereas, In recognition of the vitally important component they represent of the West Virginia economic and revenue base, the time has come to revisit the state’s gaming, lottery and live racing industry structures to determine a course of action that is in the best interest of West Virginia and its people; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance establish a select committee consisting of ten members, being five from the House of Delegates and five from the Senate with no more than three members from each house from a single political party, to be responsible for a comprehensive study of West Virginia’s racing and gaming industries as provided herein below, including recommending to and coordinating professional services procured in furtherance of the objectives herein described, conducting live hearings at sites determined by the committee to be optimum for gaining knowledge essential to making informed decisions regarding the areas of inquiry referenced herein, and receiving the testimony of persons directly involved in all aspects of the lottery, gaming and live racing industry in West Virginia; and, be it

Further Resolved, That the select committee is hereby requested to perform a comprehensive study of West Virginia’s gaming, lottery and live racing industries, which said study shall include, but not be limited to, the following objectives: (1) A review of all related laws, rules, regulations and operations associated with all facets of the West Virginia Lottery, including the advisability of privatization of operational aspects of lottery operations; (2) a review of the 2015 Report of the Select Committee of the West Virginia Racing Commission and the recommendations therein contained, along with all laws, rules and regulations of live racing of greyhounds and thoroughbred horses, with recommendations for the modernization and streamlining of the same and maximization of revenues for West Virginia and for live racing interests, including recommendations which enhance the convenience of the consuming public to engage in pari-mutuel wagering on races conducted at West Virginia’s racetracks consistent with the convenience they enjoy to place bets on races in foreign jurisdictions; (3) a review of all laws, rules and regulations associated with the business of both greyhound breeding and thoroughbred breeding, with recommendations for modernization and streamlining of the same consistent with providing continuing viable opportunities for these activities as a component of West Virginia’s live racing industry and the jobs it represents; (4) a comprehensive review of the flow of revenues generated from racetrack video lottery, table games and any other sources contributing to money administered by the West Virginia Lottery in the form of excess lottery proceeds as a means of information for state policymakers; (5) a comprehensive investigation of appropriate governing structures for live racing and gaming activities from neighboring jurisdictions and beyond, with a recommendation of revisions and/or statutory overhaul of the governance of all forms of gaming in West Virginia, including general lottery, adult video lottery, racetrack video lottery and table games; (6) a comparative analysis of the job functions of the West Virginia Racing Commission with comparable agencies in jurisdictions with a similar racing presence to determine the appropriateness of staff and funding levels with recommendations as to appropriate levels of each; (7) an analysis of the staff and funding levels associated with administration of all facets of the West Virginia Lottery, recognizing its unique configuration of administering conventional lottery operations, adult video lottery, racetrack video lottery and table games, and recommendations for economizing the operations of the West Virginia Lottery consistent with the best industry practices; (8) an analysis of innovative and creative additions to West Virginia’s gaming mix, including innovative and creative ways of more efficiently and profitably administering West Virginia’s gaming activities, of providing for convenient consumer access to products offered within the array of gaming products offered by West Virginia, to provide policymakers on the status of Internet gaming as a potential offering in West Virginia, and to identify any and all prospects which may enhance revenue generation by the entirety of West Virginia’s gaming activities of all descriptions through new and additional games or manner of delivery of products to the lottery and gaming consuming public; (9) the continuing legal effects, if any, of referendums on gaming heretofore undertaken to approve such in Jefferson, Hancock, Ohio and Kanawha counties, as well as the legal effects, if any, to reexercise those rights as provided in the statute; and to provide all and any suggestions for the improvement, modernization, efficiency and economization of West Virginia’s entire complement of gaming activities, including live racing; and, be it

Further Resolved, That stakeholder representatives in all facets of West Virginia’s gaming industry of lottery, “racinos”, live racing, greyhound breeding and thoroughbred breeding, along with the solicitation of input from citizens living in communities which host live racing activities, be actively engaged as part of any study process through formal information gathering such as open meetings, public hearings, and surveys constructed to gather such citizen input; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature 2017, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

            Delegates Espinosa and Howell offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 114 - Requesting the Joint Committee on Government and Finance to conduct an interim study on the best practices in technology procurement.”

Whereas, The State of West Virginia follows procurement statutes to efficiently and economically purchase goods and services; and

Whereas, The state’s procurement statutes were written to purchase goods and services for the state, yet are also a strategic function that can be used to control bottom-line costs, improve services to consumers, and effectively streamline tasks; and

Whereas, State procurement rules are constantly challenged by the evolving types of goods and services available to the State, some of which have become increasingly complex, particularly in the area of technology purchases and services; and

Whereas, Acquiring new technology products and services and leveraging technology the state already owns requires complex considerations for offerings which are quickly deemed obsolete and are continually evolving; and

Whereas, “Best practices” for technology purchasing are being utilized by other states and should be reviewed for possible incorporation into West Virginia’s procurement statutes; and

Whereas, Security of customer data is crucial and privacy solutions are often a basic part of licensing purchases and should be updated to protect all users from data and security breaches; and

Whereas, The State of West Virginia has had purchasing challenges in the past with significant technology upgrades such as MMIS and OASIS; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to conduct an interim study on the best practices in technology procurement; and, be it

Further Resolved, That a report of the findings, conclusions and recommendations of the study, together with drafts of any legislation necessary to effectuate the recommendations be reported to the Legislature at its 2017 Regular Session; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and draft necessary legislation are requested to be paid from legislative appropriations to the Joint Committee on Government and Finance.

Special Calendar

Third Reading

            S. B. 54, Altering how tax is collected on homeowners’ associations; 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. 457), 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: Eldridge.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 54) 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. 54 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9o, relating generally to exempting certain dues, fees and assessments from the consumer sales and services tax; and defining certain terms.”

            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 S. B. 202, Authorizing Department of Commerce promulgate legislative rules; 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. 458), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Walters.

Absent and Not Voting: Eldridge.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 202) passed.

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

Com. Sub. for S. B. 202 - “A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §64-10-1, §64-10-2,  §64-10-3, §64-10-4,  §64-10-5, §64-10-6, §64-10-7, §64-10-8 and §64-10-9, all relating generally to the promulgation of administrative rules by the Department of Commerce; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee;  authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and with various amendments recommended by the Legislature; directing various agencies to amend and promulgate certain legislative rules; authorizing the Division of Natural Resources to promulgate a legislative rule relating to prohibitions when hunting and trapping; authorizing the Division of Natural Resources to promulgate a legislative rule relating to general hunting; authorizing the Division of Natural Resources to promulgate a legislative rule relating to deer hunting; authorizing the Division of Natural Resources to promulgate a legislative rule relating to wild boar hunting; authorizing the Division of Natural Resources to promulgate a legislative rule relating to elk restoration and management; directing the Division of Labor to promulgate rules relating to the Contractor Licensing Board; authorizing the Division of Labor to promulgate a legislative rule relating to the Elevator Safety Act; authorizing the Division of Labor to promulgate a legislative rule relating to the licensing of elevator mechanics and technicians and registration of apprentices; authorizing the Office of Miners’ Health, Safety and Training to promulgate a legislative rule relating to substance abuse screening standards and procedures; directing the Tourism Commission to amend and promulgate a Division of Tourism rule relating to the direct advertising grants program, repealing certain legislative and procedural rules of certain agencies and boards of the Department of Commerce; authorizing WorkForce West Virginia to promulgate a legislative rule relating to prevailing wage; the repealing the Commercial Whitewater Advisory Board legislative rule relating to commercial whitewater outfitters; repealing the Commercial Whitewater Advisory Board procedural rule relating to regulations for open governmental proceedings; repealing the Commissioner of Employment Security legislative rule relating to regulations of the Commissioner of Employment Security; repealing the Commissioner of Employment Security legislative rule relating to implementation of a pilot employment supplemental matching program; repealing the Division of Forestry procedural rule relating to Freedom of Information Act requests; repealing the Division of Labor legislative rule relating to the West Virginia safety code for aerial passenger tramways, lifts and tows; repealing the Division of Labor legislative rule relating to the West Virginia Prevailing Wage Act; repealing the Minimum Wage Rate Board legislative rule relating to the West Virginia Prevailing Wage Act; repealing the Division of Natural Resources legislative rule relating to shoreline camping of government owned reservoir areas in West Virginia; repealing the Division of Natural Resources legislative rule relating to special bear hunting; and repealing the Division of Natural Resources procedural rule relating to rules for open government proceedings.”

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

On this question, the yeas and nays were taken (Roll No. 459), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Walters.

Absent and Not Voting: Eldridge.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 202) 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 S. B. 259, Amending Unfair Trade Practices 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. 460), 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: Eldridge.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 259) passed.

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

            Com. Sub. for S. B. 259 - “A Bill to repeal §47-11A-10, §47-11A-12 and §47-11A-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact §47-11A-1, §47-11A-2, §47-11A-5, §47-11A-6, §47-11A-8, §47-11A-9 and §47-11A-14 of said code, all relating to unfair trade practices; providing legislative findings; designating article the Unfair Trade Practices Act; making it unlawful for a retailer or wholesaler to sell, offer for sale, or advertise for sale any product or item of merchandise at a price less than cost with the intent to destroy or the effect of destroying competition; providing that a violation of the article constitutes a misdemeanor; defining “retailer” and “wholesaler”; providing for how cost is to be determined; providing for exemptions to cost calculations relating to federal and state motor fuel taxes; exempting certain sales, offers to sell or advertisements to sell from the provisions of the article; providing that an injured person or entity may maintain an action to enjoin continuance of any violation of the article; providing that an injured person or entity may maintain an action for damages; providing that actual damages, if alleged and proven, be assessed; providing for an absolute defense to an action to enjoin or for damages filed under the article; providing jurisdiction to the circuit courts; and providing purposes of the article.”

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

            S. B. 311, Allowing permanent exception for mortgage modification or refinancing loan under federal Making Home Affordable program; 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. 461), 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: Eldridge and Foster.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 311) 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:

The Committee on Finance moves to amend the bill by striking out the title and substituting therefore a new title, to read as follows:

S. B. 311 - A Bill to amend and reenact §31-17-8 and §31-17-17 of the Code of West Virginia, 1931, as amended, all relating to exceptions from certain requirements for certain mortgage modifications or refinancing loans; authorizing exception from certain requirements for mortgage modifications or refinancing loans made in participation with and in compliance with the federal Homes Affordable Modification Program or any other mortgage modification or refinancing loan eligible under any government sponsored enterprise requirements or funded through any federal or state program or litigation settlement; and allowing exceptions from nullification or actions brought for certain mortgage modifications or refinancing loans made in participation with and in compliance with the federal Homes Affordable Modification Program or any other mortgage modification or refinancing loan eligible under any government sponsored enterprise requirements or funded through any federal or state program or litigation settlement.

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

            S. B. 384, Requiring Bureau for Medical Services seek federal waiver for 30-day waiting period for tubal ligation; 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. 462), 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: Eldridge and Foster.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 384) passed.

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

            S. B. 459, Requiring county board of education to pay tuition to Mountaineer Challenge Academy; 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. 463), 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: Eldridge and P. Smith.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 459) passed.

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

            Com. Sub. for S. B. 468, Allowing lender charge and receive interest on rescindable loan during rescission period; on third reading, coming up in regular order, was read a third time.

Delegates Marcum and Atkinson requested to be excused from voting on Com. Sub. for S. B. 468 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. 464), 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: Eldridge.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 468) passed.

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

            Com. Sub. for S. B. 468   - “A Bill to amend and reenact §46A-6K-3 of the Code of West Virginia, 1931, as amended, relating to allowing accrual of interest during rescission period on a loan during the rescission period required under the federal Truth-in-Lending Act; providing exception if the loan is rescinded; and providing exception if the loan is for the purpose of paying in full a prior loan made by the same lender.”

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

            Com. Sub. for S. B. 493, Allowing creation of self-settled spendthrift trusts; 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. 465), 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: Eldridge.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 493) passed.

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

            S. B. 505, Exempting certain uses of field gas from motor fuel excise taxes; 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. 466), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent and Not Voting: Eldridge, Howell and Moffatt.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 505) 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. 505 - “A Bill to amend and reenact the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-14C-9a, relating to exempting from motor fuel excise tax certain uses of field gas; and defining field gas.

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

            S. B. 516, Relating to registration for selective service; 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. 467), 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: Moffatt.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 516) passed.

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

            Com. Sub. for S. B. 545, Relating to asbestos abatement on oil and gas pipelines; on third reading, coming up in regular order, was read a third time.

Speaker Pro Tempore Anderson in the Chair

            Mr. Speaker, Mr. Armstead, arose from his seat and requested to be excused from voting on the passage of Com. Sub. for S. B. 545 under the provisions of House Rule 49.

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

Mr. Speaker, Mr. Armstead, in the Chair

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 468), and there were--yeas 100, nays none, absent and not voting none.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 545) passed.

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

            Com. Sub. for S. B. 595, Relating to retirement credit for members of WV National Guard; on third reading, coming up in regular order, was read a third time.

Delegate J. Nelson requested to be excused from voting on Com. Sub. for S. B. 595 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. 469), and there were--yeas 100, nays none, absent and not voting none.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 595) passed.

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

            Com. Sub. for S. B. 599, Relating generally to Uniform Unclaimed Property Act; on third reading, coming up in regular order, was read a third time.

            Delegates Faircloth, Byrd and Kurcaba requested to be excused from voting on the passage of Com. Sub. for S. B. 599 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.

            Delegate Reynolds moved that further action on the bill be postponed one day.

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

            The yeas and nays having been ordered, they were taken (Roll No. 470), and there were--yeas 86, nays 11, absent and not voting 3, with the nays and absent and not voting being as follows:

Nays: Ambler, Anderson, Azinger, Canterbury, Cooper, Cowles, Ireland, Kelly, McGeehan, O’Neal and R. Smith.

Absent and Not Voting: Arvon, Border and Cadle.

            So, a majority of the members present and voting having voted in the affirmative, the motion to postpone the bill one day was adopted.

            S. B. 613, Defining total capital for purposes of calculating state-chartered bank's lending limit; on third reading, coming up in regular order, was read a third time.

Delegates Ambler, Atkinson, A. Evans, Hartman, Miller, Reynolds, Shott, P. Smith, Walters and P. White requested to be excused from voting on the passage of S. B. 613 under the provisions of House Rule 49.

            Speaker Pro Tempore 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. 471), and there were--yeas 100, nays none, absent and not voting none.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 613) passed.

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

            Com. Sub. for S. B. 614, Conforming statute with court interpretation by replacing "unconscionable" with "fraudulent" when referring to conduct; 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. 472), and there were--yeas 67, nays 32, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Bates, Byrd, Campbell, Caputo, Eldridge, Ferro, Flanigan, Fleischauer, Fluharty, Guthrie, Hamilton, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Perry, R. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Shaffer, Skinner, Sponaugle and P. White.

Absent and Not Voting: Foster.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 614) passed.

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

            Com. Sub. for S. B. 622, Composition of PEIA Finance Board; on third reading, coming up in regular order was reported by the Clerk.

            Delegate Cowles asked and obtained unanimous consent that the bill be placed at the foot of Third Reading.

            Com. Sub. for S. B. 625, Revising exceptions from FOIA provided for in Aboveground Storage Tank 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. 473), and there were--yeas 100, nays none, absent and not voting none.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 625) passed.

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

Com. Sub. for S. B. 625  - “A Bill to amend and reenact §16-1-9c of the Code of West Virginia, 1931, as amended, relating to source water protection plans generally; and clarifying that public disclosure of certain information regarding potential sources of significant contamination within a zone of critical concern is permitted to the extent it is in the public domain through a federal or state agency.”

            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 S. B. 634, Creating William R. Laird IV Second Chance Driver's License

            So, a 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. 474), and there were--yeas 97, nays 3, absent and not voting none, with the nays being as follows:

Nays: Duke, Ireland and Moffatt.

 

So a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 634) passed.

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

Com. Sub. for S. B. 634  - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17B-7-1, §17B-7-2, §17B-7-3, §17B-7-4, §17B-7-5, §17B-7-6, §17B-7-7, §17B-7-8, §17B-7-9 and §17B-7-10,  all relating to creation of the Second Chance Driver’s License Act; creating short title and designating that the article may be cited as the William R. Laird IV Second Chance Driver’s License Act; setting forth legislative findings and purpose; defining terms; establishing program; directing the Director of the Division of Justice and Community Services to administer program; setting eligibility requirements to become program participant; requiring application from person wishing to participate; directing the director to coordinate with officials from courts and commissioner to verify total amount of unpaid court costs; setting deadlines for providing information regarding unpaid court costs to director; requiring the courts to provide an accounting that separately identifies the portion of the court costs that constitute a fine, forfeiture or penalty; directing how unreported court costs are to be handled; requiring notification to applicant of acceptance into program; directing the director to develop consolidated repayment schedule for participant; setting requirements for consolidated repayment schedule; permitting modification of consolidated repayment schedule; permitting hardship waiver; clarifying that participant is under no obligation to make separate or additional payments directly to court if those costs are included in consolidated repayment schedule; establishing moratorium on collection of unpaid court fees by a court or its designee while a participant is in good standing with the program; requiring monthly remittance of payments to director; directing issuance of certificate of compliance, certificate of noncompliance, program removal notice and program completion certificate under certain conditions; directing Division of Motor Vehicles to place stay or lift stay on suspension or revocation of participant’s driver’s license under certain conditions; permitting Division of Motor Vehicles to require retesting under certain circumstances; exempting participants from certain retesting fees and reinstatement fees; creating Second Chance Driver’s License Program Account; providing for administration of account; directing deposit of funds into account; authorizing expenditure of funds from account for certain purposes; and providing legislative and emergency rule-making authority.”

            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 S. B. 691, Modifying certain air pollution standards; 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. 475), and there were--yeas 100, nays none, absent and not voting none.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 691) passed.

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

Delegate Cowles moved that the House recess until 1:00 p.m.

Whereupon,

Delegate Cowles then asked and obtained unanimous consent to withdraw his motion.

            Delegate Cowles then asked and obtained unanimous consent to take Com. Sub. for S. B. 691 up for further consideration.

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

            On this question, the yeas and nays were taken (Roll No. 476), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:

Absent and Not Voting: Canterbury, Ferro, Longstreth, Shott, Walters, B. White and Zatezalo.

 

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 691) 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.

At 11:49 a.m., on motion of Delegate Cowles, the House of Delegates recessed until 1:00 p.m.

* * * * * * *

Reordering of the Calendar

            Delegate Cowles announced that the Committee on Rules had transferred Com. Sub. for S. B. 622, on Third reading, Special Calendar, to the House Calendar, and Com. Sub. for S. B. 539, on Second reading, Special Calendar, to the House Calendar.

Second Reading

            S. B. 107, Uniform Interstate Depositions and Discovery Act; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, section two, line twenty-one, after the word “premises”, by inserting the words “which is”.

            And,

On page two, section three, line twenty-six, after the words “the clerk”, by striking out the words “in the accordance with that court’s procedure” and inserting in lieu thereof “shall file the subpoena as a miscellaneous action, charging a filing fee therefore, and”.

The bill was then ordered to third reading.

            Com. Sub. for S. B. 157, Authorizing Department of Revenue to promulgate legislative rules; on second reading, coming up in regular order, was read a second time.

An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

“That article 7, chapter 64 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 7. Authorization for Department of Revenue to promulgate LEGISLATIVE RULES.

§64-7-1. Alcohol Beverage Control Commission.

(a) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section twenty-two, article sixteen, chapter eleven of this code, modified by the Alcohol Beverage Control Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 4, 2015, relating to the Alcohol Beverage Control Commission (nonintoxicating beer licensing and operations procedures, 176 CSR 1), is authorized.

(b) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section ten, article seven, chapter sixty of this code, relating to the Alcohol Beverage Control Commission (private club licensing, 175 CSR 2), is authorized.

(c) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section sixteen, article two, chapter sixty of this code, modified by the Alcohol Beverage Control Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 4, 2015, relating to the Alcohol Beverage Control Commission (distilleries and mini-distilleries, 175 CSR 10), is authorized.

§64-7-2. Racing Commission.

(a) The legislative rule filed in the State Register on July 22, 2015, authorized under the authority of section six, article twenty-three, chapter nineteen of this code, relating to the Racing Commission (thoroughbred racing, 178 CSR 1), is authorized.

(b) The legislative rule filed in the State Register on July 22, 2015, authorized under the authority of section six, article twenty-three, chapter nineteen of this code, relating to the Racing Commission (pari-mutuel wagering, 178 CSR 5), is authorized.

§64-7-3.  Department of Tax and Revenue.

(a) The legislative rule filed in the State Register on July 29, 2015, authorized under the authority of section five-t, article ten, chapter eleven of this code, modified by the Department of Tax and Revenue to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 18, 2015, relating to the Department of Tax and Revenue (payment of taxes by electronic funds transfer, 110 CSR 10F), is authorized.

(b) The legislative rule filed in the State Register on July 29, 2015, authorized under the authority of section five, article ten, chapter eleven of this code, relating to the Department of Tax and Revenue (exchange of information agreement between the Commissioner of the Tax Division of the Department of Revenue and the Secretary of the Department of Commerce, the Secretary of the Department of Environmental Protection, the Director of the Division of Forestry of the Department of Commerce and the Commissioners of the Public Service Commission, 110 CSR 50H), is authorized, with the amendment set forth below:

On page one, subsection 3.1, line six, following the word “Commerce”, by inserting the words “Secretary of State”.

(c) The legislative rule effective on June 12, 1987, authorized under the authority of section one, article one-a, chapter eleven of this code, relating to the Tax Division (listing of interests in natural resources for purposes of first statewide appraisal, 110 CSR 1B), is repealed.

(d) The legislative rule effective on May 13, 1987, authorized under the authority of section twenty-nine-a, article one-a, chapter eleven of this code, relating to the Tax Division (guidelines for assessors to assure fair and uniform nonutility personal property values,110 CSR 1C), is repealed.

(e) The legislative rule effective on June 12, 1987, authorized under the authority of section one, article one-a, chapter eleven of this code, relating to the Tax Division (review by circuit court on certiorari, 110 CSR 1D), is repealed.

(f) The legislative rule effective on June 12, 1987, authorized under the authority of section one, article one-a, chapter eleven of this code, relating to the Tax Division (review of appraisals by the county commission sitting as an administrative appraisal review board, 110 CSR 1E), is repealed.

(g) The legislative rule effective on May 13, 1987, authorized under the authority of section one, article one-a, chapter eleven of this code, relating to the Tax Division (additional review and implementation of property appraisals, 110 CSR 1F), is repealed.

(h) The legislative rule effective on May 13, 1987, authorized under the authority of section one, article one-a, chapter eleven of this code, relating to the Tax Division (review by circuit court on certiorari, 110 CSR 1G), is repealed.

(i) The legislative rule effective on June 29, 1964, authorized under the authority of article one, chapter eleven of this code, relating to the Tax Division (revision of levy estimates, 110 CSR 8), is repealed.

(j) The legislative rule effective on September 16, 1966, authorized under the authority of article ten, chapter eleven of this code, relating to the Tax Division (inheritance and transfer tax, 110 CSR 11), is repealed.

(k) The legislative rule effective on January 1, 1974, authorized under the authority of section five-a, article ten, chapter eleven of this code, relating to the Tax Division (annual tax on incomes of certain carriers, 110 CSR 12A), is repealed.

(l) The legislative rule effective on April 4, 1988, authorized under the authority of section five, article ten, chapter eleven of this code, relating to the Tax Division (telecommunications tax, 110 CSR 13B), is repealed.

(m) The legislative rule effective on May 1, 1996, authorized under the authority of section three, article thirteen-i, chapter eleven of this code, relating to the Tax Division (tax credit for employing former members of Colin Anderson Center, 110 CSR 13I), is repealed.

(n) The legislative rule effective on May 1, 1999, authorized under the authority of section seven, article thirteen-m, chapter eleven of this code, relating to the Tax Division (tax credits for new value-added, wood manufacturing facilities, 110 CSR 13M), is repealed.

(o) The legislative rule effective on May 1, 1999, authorized under the authority of section seven, article thirteen-n, chapter eleven of this code, relating to the Tax Division (tax credits for new steel, aluminum and polymer manufacturing operations, 110 CSR 13N), is repealed.

(p) The legislative rule effective on May 1, 1995, authorized under the authority of section five, article ten, chapter eleven of this code, relating to the Tax Division (business investment and jobs expansion tax credit, corporation headquarters relocation tax credit and small business tax credit, 110 CSR 13C), is repealed.

(q) The legislative rule effective on April 4, 1988, authorized under the authority of section one, article one-a, chapter eleven of this code, relating to the Tax Division (appraisal of property for periodic statewide reappraisals for ad valorem property tax purposes, 110 CSR 1), is repealed.

§64-7-4. Banking Commissioner.

 (a) The legislative rule effective on April 23, 1982, authorized under the authority of section four, article three, chapter thirty-one-a of this code, relating to the Banking Commissioner (West Virginia Consumer Credit and Protection Act, 106 CSR 8), is repealed.

(b) The procedural rule effective on January 10, 1975, authorized under the authority of section two, article three, chapter thirty-one-a of this code, relating to the Banking Commissioner (West Virginia Board of Banking and Financial Institutions, 107 CSR 5), is repealed.

§64-7-5. Office of the Insurance Commissioner.

(a) The legislative rule effective on May 16, 1997, authorized under the authority of section four, article twenty-five-a, chapter thirty-three of this code, relating to the Office of the Insurance Commissioner (utilization management, 114 CSR 51), is repealed.

(b) The legislative rule effective on December 28, 1981, authorized under the authority of

section ten, article two, chapter thirty-three of this code, relating to the Office of the Insurance

Commissioner (Medicare supplement insurance coverage, 114 CSR 17), is repealed.

            Delegate Sobonya moved to amend the amendment on page three, by inserting the following;

“(i) The Legislature directs the State Tax Department to promulgate, effective on and after the first day of July, 2016,  the amended legislative rule filed in the State Register on July 29, 2015, authorized under the authority of sections five and eleven-b, article one-c, chapter eleven of this code, as modified to conform to the recommendations of the Legislative Rule-Making Committee on November 18, 2015, but later withdrawn by the State Tax Department by notice filed in the State Register, relating  to the State Tax Department (valuation of timberland and managed timberland,  110 CSR 1H), with the following amendments:”

            On page four, in subsection 3.16 of the rule, by striking the second sentence, and adding at the end of the final sentence after the word “Index”, before the period, the words “(IMI) as shown on Appendix 4 of this rule.”;

On page six, in section ten of the rule, at the end of the first sentence, following the word “properties” and before the period, by inserting the following words and punctuation marks “, using, for all measures required by this rule to compute such appraised value per acre of managed timberland, real values and not nominal values.”;

On page six, in section ten of the rule, by striking the remaining language of the section, and by inserting  “Except as required by the provisions of subsection 2.2 of this rule, in no case shall the appraised value per acre for any grade of managed timberland in any county be less than eighty percent  of the value per acre  of the comparable grade of managed timberland in the immediately preceding tax year in that same county.  The appraised value is the net present worth of all revenues and costs associated with growing timber on the land in perpetuity.  Net income is the difference between projected revenues, for example, harvest revenues in years 35, 55 and 80, and projected costs, including, for example, management costs.”;

On page six, in section eleven of the rule, in subsection 11.1, in the first sentence between the words “ownership” and “maps” by adding the words “data provided by the county assessors, or, in the absence of such data, shall digitize from”, and at the end of the subsection, inserting “During any period for which the application of this process to a given parcel is temporarily delayed, the Tax Commissioner, in cooperation with the Division of Forestry, shall employ such  available data and methods as will reasonably approximate the assignment of a soil productivity grade to that parcel.”;

On page six, in section eleven of the rule, in subsection 11.3, following the word “be” by striking the words “determined by the accumulated periodic harvest income plus accrued interest on the net income”,  inserting the  words “compounded at the end of the rotation (i.e. harvest income value at year 80)”, inserting between the words “less” and “state” the word “applicable” and inserting between the word “payments” and the period, the words “if any”;

 On page seven, in section eleven of the rule, in subsection 11.4, following the word “by” striking the word “the”, inserting the words “compounding the annual management costs at the end of the rotation (i.e. management cost value in year 80)”, striking the word “accumulated”, inserting the words “using the”, by inserting a comma before the word “management” and by inserting the letter “s” at the end of the word “cost.”;

 On page seven, in section eleven of the rule, in subsection 11.5, between the words “the” and “end”  inserting the word “cumulative”, following the word “costs” inserting the words “from the cumulative end of rotation total harvest income per acre as defined in subsection 3.7 of this rule”, and between the word “difference” and the semi-colon, inserting a comma and the words “, assuming an infinite periodic income from the managed timberland”;  

On page thirteen, in Appendix 4 of the rule, by striking the words “Site Index (75 or more)” and replacing them with the letters, symbol and digits “IMI ≥ 45”, by striking the words “Site Index (65-74)” and replacing them with the letters, word, symbols and digits  “IMI ≥ 30 and ≤ 44.99” and by striking the words “Site Index (less than 65)” and by replacing them with the letters, symbol and digits “IMI ≤ 29.99”;

On page fourteen, in Appendix 5 of the rule, after the words “For Class II Parcels:”, on line 1, following the word “Acre”, by deleting all the language preceding the words “For Class III & IV Parcels”, and by inserting the words, symbols and digits:  “= ((Future Value of Harvest Revenues – Future Value of Management Costs)/((1 + Real Discount Rate)n) -1)) less discounted property tax Class II rate.

Where:

n = 80 years

Future Value of Harvest Revenues – value of harvest revenues in year 80 using compounding formula below

Vn = Vo(1 + i) n

Where:  Vo = harvest revenue in the initial year (i.e. 35, 45, 55 or 80)

               i = capitalization rate

               n = rotation length

              Vn = future value of harvest revenues

Future Value of Management Costs – value of management costs in year 80 using the formula for calculating the future value of a terminating annual series as given below:

Vn

Where:   a = annual management costs

               i = capitalization rate

               n = rotation length

              Vn = future value of management costs”;

            And

            On page fourteen, in Appendix 5 of the rule, on the final line, by striking the Roman numeral “II” and replacing it with the Roman numeral “III” and by striking the Roman numeral “III” and replacing it with the Roman numeral “IV”.

On the adoption of the amendment, as amended, the yeas and nays were demanded, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 477), and there were--yeas 84, nays 16, absent and not voting none, with the nays being as follows:

            Nays: Bates, Blackwell, Byrd, Caputo, Eldridge, Fleischauer, Fluharty, Guthrie, Longstreth, Lynch, Manchin, Moore, Perdue, Pushkin, Rowe and Skinner.

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

            On motion of Delegate Ambler, the Judiciary Committee amendment was amended on page five, following section five, by inserting a new section, to read as follows:

§64-7-6. Lottery Commission.

The Legislature directs the Lottery Commission to promulgate the legislative rule filed in the State Register on May 20, 2009, authorized under the authority of section four hundred two, article twenty-two-b, chapter twenty-nine of this code, relating to the Lottery Commission (limited video lottery, 179 CSR 5), with the amendment set forth below:

On page 3, after subsection 2.11, by adding a new subsection 12.2 to read as follows:

2.12. “Licensed limited video lottery location approved by the commission” as it appears in W. Va. Code, §29-22B-1201(a) means the location in excess of the following straight-line distances from any of the following places:

2.12.a. The location is at two hundred feet from a business that sells petroleum products capable of being used as fuel in an internal combustion engine.”

And,

By renumbering the remaining subsections.

The bill was then ordered to third reading.

7921292.1            Com. Sub. for S. B. 159, Authorizing promulgation of legislative rules by miscellaneous boards and commissions; 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 amending the on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

“That article 9, chapter 64 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

 ARTICLE 9. Authorization for Miscellaneous Agencies and Boards to promulgate legislative rules.

§64-9-1. Board of Examiners in Counseling.

(a) The legislative rule filed in the State Register on July 28, 2015, authorized under the authority of section five, article thirty-one, chapter thirty of this code, modified by the Board of Examiners in Counseling to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 20, 2015, relating to the Board of Examiners in Counseling (licensing, 27 CSR 1), is authorized with the following amendment:

On page three, subdivision 5.2.a after the words “applicant for endorsement” by striking out the words “in section 5.2 of this rule”.

(b) The legislative rule filed in the State Register on July 28, 2015, authorized under the authority of section five, article thirty-one, chapter thirty of this code, modified by the Board of Examiners in Counseling to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 29, 2015, relating to the Board of Examiners in Counseling (licensed professional counselor license renewal and continuing professional education requirements, 27 CSR 3), is authorized.

(c) The legislative rule filed in the State Register on July 28, 2015, authorized under the authority of section five, article thirty-one, chapter thirty of this code, modified by the Board of Examiners in Counseling to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 20, 2015, relating to the Board of Examiners in Counseling (marriage and family therapists licensing, 27 CSR 8), is authorized with the following amendments:

On page three, subdivision 5.1 immediately following the words “shall be” by striking out the words “greater than or equal ” and inserting in lieu thereof the words ”substantially equivalent”;

On page three, subsection 5.2, after the words “license to practice”, by striking out the words “mental health counselor” and inserting in lieu thereof the words “marriage and family therapy”;

On page three, subdivision 5.2.a after the words “applicant for endorsement” by striking out the words “in section 5.2 of this rule”;

On page four, subdivision 5.2.a.4, after the words “licensed as” by inserting the words “marriage and family therapists”;

On page four, subsection 5.3 after the words “actively practiced” by striking out the words “mental health counseling as licensed professional counselor” and inserting in lieu thereof the words “marriage and family therapy as a licensed marriage and family therapist”;

On page four, paragraph 5.3.a.1, after the words “passed the” by striking out the words “national counselor examination (NCE) or the national clinical mental health counseling examination (NCMHCE) or other certification examination in counseling approved by the board” and inserting in lieu thereof the words “Examination in Marital and Family Therapy or other certification examination in marriage and family therapy approved by the board”; and

On page four, paragraph 5.3.a.2 after the words “license to practice” by striking out the words “mental health counselor” and inserting in lieu thereof the following: “marriage and family therapy”.

(d) The legislative rule filed in the State Register on July 28, 2015, authorized under the authority of section five, article thirty-one, chapter thirty of this code, modified by the Board of Examiners in Counseling to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 29, 2015, relating to the Board of Examiners in Counseling (marriage and family license renewal and continuing professional education requirements, 27 CSR 10), is authorized.

§64-9-2. Board of Accountancy.

The legislative rule filed in the State Register on Friday, July 24, 2015, authorized under the authority of section five, article nine, chapter thirty of this code, modified by the Board of Accountancy to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on Thursday, November 5, 2015, relating to the Board of Accountancy (board rules and rules of professional conduct, 1 CSR 1), is authorized.

§64-9-3. Department of Agriculture.

(a) The legislative rule filed in the State Register on July 30, 2015, authorized under the authority of section four, article twenty-nine, chapter nineteen of this code, modified by the Department of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 3, 2015, relating to the Department of Agriculture (inspection of nontraditional domesticated animals, 61 CSR 23D), is authorized.

(b) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section two, article nine, chapter nineteen of this code, modified by the Department of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 5, 2015, relating to the Department of Agriculture (poultry litter and manure movement into primary poultry breeder rearing areas, 61 CSR 28), is authorized. 

(c) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section four, article one-c, chapter nineteen of this code, modified by the Department of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 5, 2015, relating to the Department of Agriculture (livestock care standards, 61 CSR 31), is authorized.

(d) The legislative rule filed in the State Register on July 28, 2015, authorized under the authority of section twelve, article two-h, chapter nineteen of this code, modified by the Department of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 5, 2015, relating to the Department of Agriculture (captive cervid farming, 61 CSR 34), is authorized with the following amendment:

On page nine, subdivision 13.1.a., by striking the words “two hundred (200) acres” and inserting in lieu thereof the words “one hundred fifty (150) acres”.

(e) The legislative rule effective on November 14, 1967, authorized under the authority of article two, chapter nineteen of this code, relating to the Department of Agriculture (tobacco, 61 CSR 11A), is repealed.

(f) The legislative rule effective on May 31, 1985, authorized under the authority of section four, article one, chapter nineteen of this code, relating to the Department of Agriculture (conduct of beef industry self-improvement assessment program referendums, 61 CSR 11C), is repealed.

(g) The legislative rule effective on May 31, 1985, authorized under the authority of section four-j, article one, chapter nineteen of this code, relating to the Department of Agriculture (conduct of beef self-improvement assessment program referendums, 61 CSR 11G), is repealed.

 (h) The legislative rule effective on August 21, 1959, authorized under the authority of article two, chapter nineteen of this code, relating to the Department of Agriculture (West Virginia seal of quality, 61 CSR 15), is repealed.

(i) The legislative rule effective on May 1, 1995, authorized under the authority of section one, article twenty-nine, chapter nineteen of this code, relating to the Department of Agriculture (aquaculture farm rules , 61 CSR 23), is repealed.

(j) The procedural rule effective on September 23, 1989, authorized under the authority of section one, article twenty-six, chapter nineteen of this code, relating to the Department of Agriculture (conduct of tree fruit industries self-improvement  assessment program referendums, 61 CSR 20), is repealed.

§64-9-4. State Conservation Committee.

The legislative rule filed in the State Register on June 3, 2015, authorized under the authority of section four-a, article twenty-one-a, chapter nineteen of this code, modified by the State Conservation Committee to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 16, 2015, relating to the State Conservation Committee (West Virginia Conservation Agency Financial Assistance Program, 63 CSR 2), is authorized.

§64-9-5. Board of Dentistry.

(a) The legislative rule filed in the State Register on July 23, 2015, authorized under the authority of section six, article four, chapter thirty of this code, modified by the Board of Dentistry to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 23, 2015, relating to the Board of Dentistry (continuing education requirements, 5 CSR 11), is authorized.

(b) The legislative rule filed in the State Register on July 23, 2015, authorized under the authority of section six, article four, chapter thirty of this code, modified by the Board of Dentistry to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 23, 2015, relating to the Board of Dentistry (expanded duties of dental hygienists and dental assistants, 5 CSR 13), is authorized.

§64-9-6. State Election Commission.

(a) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section five, article one-a, chapter three of this code, modified by the State Election Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 22, 2015, relating to the State Election Commission (regulation of campaign finance, 146 CSR 3), is authorized with the amendments set forth below:

On page 11, by striking all of subdivision 6.3.e;

On page11, subsection 6.7, after the word “ballot”, by striking the remainder of subsection 6.7;

On page 12, subdivision 7.2.b, by striking the words “by making a contribution to one or more political party committees or candidates”;

On page 18, by striking all of subdivision 10.7.a;

And,

On page 18 by striking all of subdivision 10.7.b.

(b) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section fourteen, article twelve, chapter three of this code, modified by the State Election Commission to meet the objections of the Legislative Rule-making Review Committee and refiled in the State Register on December 22, 2015, relating to the State Election Commission (West Virginia Supreme Court of Appeals Public Campaign Financing Program, 146 CSR 5), is authorized.

§64-9-7. State Board of Registration for Professional Engineers.

The legislative rule filed in the State Register on May 11, 2015, authorized under the authority of section nine, article thirteen, chapter thirty of this code, modified by the State Board of Registration for Professional Engineers to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 22, 2015, relating to the State Board of Registration for Professional Engineers (examination, licensure and practice of professional engineers, 7 CSR 1), is authorized.

§64-9-8. Governor’s Committee on Crime, Delinquency and Correction.

The legislative rule filed in the State Register on July 27, 2015, authorized under the authority of section three, article twenty-nine, chapter thirty of this code, modified by the Governor’s Committee on Crime, Delinquency and Correction to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 5, 2015, relating to the Governor’s Committee on Crime, Delinquency and Correction (law-enforcement training and certification standards, 149 CSR 2), is authorized.

§64-9-9. Medical Imaging and Radiation Therapy Technology Board of Examiners.

The legislative rule filed in the State Register on June 8, 2015, authorized under the authority of section six, article twenty-three, chapter thirty of this code, relating to the Medical Imaging and Radiation Therapy Technology Board of Examiners (rules of the Board, 18 CSR 1), is authorized.

§64-9-10. Board of Medicine.

The legislative rule filed in the State Register on July 27, 2015, authorized under the authority of section eleven-b, article three, chapter thirty of this code, modified by the Board of Medicine to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 23, 2015, relating to the Board of Medicine (establishment and regulation of limited license to practice medicine and surgery at certain state veterans’ nursing home facilities, 11 CSR 11), is authorized. 

§64-9-11. Nursing Home Administrators Licensing Board.

The legislative rule filed in the State Register on July 17, 2017, authorized under the authority of section six, article twenty-five, chapter thirty of this code, modified by the Nursing Home Administrators Licensing Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 2, 2015, relating to the Nursing Home Administrators Licensing Board (nursing home administrators, 21 CSR 1), is authorized

§64-9-12. Board of Pharmacy.

(a) The legislative rule filed in the State Register on July 16, 2015, authorized under the authority of section seven, article five, chapter thirty of this code, modified by the Board of Pharmacy to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 17, 2015, relating to the Board of Pharmacy (licensure and practice of pharmacy, 15 CSR 1), is authorized.

(b) The legislative rule filed in the State Register on July 16, 2015, authorized under the authority of section three hundred one, article three, chapter sixty-a of this code, modified by the Board of Pharmacy to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 17, 2015, relating to the Board of Pharmacy (Uniform Controlled Substances Act, 15 CSR 2), is authorized.

(c) The legislative rule filed in the State Register on July 16, 2015, authorized under the authority of section seven, article five, chapter thirty of this code, modified by the Board of Pharmacy to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 17, 2015, relating to the Board of Pharmacy (record keeping and automated data processing systems, 15 CSR 4), is authorized.

(d) The legislative rule filed in the State Register on July 16, 2015, authorized under the authority of section seven, article five, chapter thirty of this code, modified by the Board of Pharmacy to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 17, 2015, relating to the Board of Pharmacy (licensure of wholesale drug distributors, third-party logistics providers and manufacturers, 15 CSR 5), is authorized.

§64-9-13. Property Valuation and Procedures Commission.

The legislative rule filed in the State Register on July 29, 2015, authorized under the authority of section five, article ten, chapter eleven, and section four-d, article one-c, chapter eleven of this code, modified by the Property Valuation and Procedures Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 27, 2015, relating to the Property Valuation and Procedures Commission (tax map sales, 189 CSR 5), is authorized.

§64-9-14. Board of Social Work.

The legislative rule filed in the State Register on July 21, 2015, authorized under the authority of section six, article thirty, chapter thirty of this code, modified by the Board of Social Work to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 4, 2015, relating to the Board of Social Work (qualifications for the profession of social work, 25 CSR 1), is authorized.

§64-9-15. Secretary of State.

(a) The legislative rule filed in the State Register on June 30, 2015, authorized under the authority of section six, article one-a, chapter three of this code, relating to the Secretary of State (registration forms and receipts, 153 CSR 3), is authorized.

(b) The legislative rule filed in the State Register on July 1, 2015, authorized under the authority of section twenty-one, article two, chapter three of this code, relating to the Secretary of State (elimination of precinct registration books, 153 CSR 9), is authorized.

(c) The legislative rule filed in the State Register on June 30, 2015, authorized under the authority of section six, article one-a, chapter three of this code, relating to the Secretary of State (absentee voting by military voters who are members of reserve units called to active duty, 153 CSR 23), is authorized.

(d) The legislative rule filed in the State Register on June 30, 2015, authorized under the authority of section three-a, article one, chapter twenty-nine-b of this code, modified by the Secretary of State to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 22, 2015, relating to the Secretary of State (Freedom of Information Act database, 153 CSR 52), is authorized.

(e) The legislative rule effective on April 3, 1998, authorized under the authority of section sixty-seven, article one, chapter thirty-one of this code, relating to the Secretary of State (matters relating to corporations and other business entity filing, 153 CSR 5), is repealed.

(f) The legislative rule effective on June 7, 1996, authorized under the authority of section six, article one-a, chapter three  of this code, relating to the Secretary of State (matters relating to official election forms and vendor authorization, 153 CSR 26), is repealed.

§64-9-16. Board of Examiners for Speech-Language Pathology and Audiology.

(a) The legislative rule filed in the State Register on June 8, 2015, authorized under the authority of section seven, article thirty-two, chapter thirty of this code, modified by the Board of Examiners for Speech-Language Pathology and Audiology to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 4, 2015, relating to the Board of Examiners for Speech-Language Pathology and Audiology (licensure of speech pathology and audiology, 29 CSR 1), is authorized.

(b) The legislative rule filed in the State Register on June 8, 2015, authorized under the authority of section seven, article thirty-two, chapter thirty of this code, modified by the Board of Examiners for Speech-Language Pathology and Audiology to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 4, 2015, relating to the Board of Examiners for Speech-Language Pathology and Audiology (speech-language pathology and audiology assistants, 29 CSR 2), is authorized with the following amendments:

On page 4, Subdivision 4.1.(y), following the word “than”, by striking the word “two” and inserting in lieu thereof the word “three”;

On page 4, section 5, paragraph (8), after the word “pathologists,” by striking out the words “or audiologists,” and in paragraph (11), after the word “pathology,” by striking out the words “or Audiology.”;

And

On page 5, section (6), subsection (c), after the word “pathologist” by striking out the words “or audiologist,” and in subsection (j), after the word “pathologist,” by striking out the words “or audiology,” and in subsection (m), after the word “pathologist,” by striking out the words “or audiologist.”

§64-9-17.  Enterprise Resource Planning Board.

The legislative rule contained in title two hundred thirteen, series one, of the code of state rules, filed and effective April 14, 2015, under the authority of section two, article six-d, chapter twelve of this code, relating to the enterprise resource planning system user fee, 213 CSR 1, is reauthorized, with the amendment set forth below:

On page two, subsection 3.2, line 4, following the words “of the ERP system” and the period, by adding the following: “The amount of the user fee assessed and imposed upon a spending unit of the state shall not exceed $200 per FTE per year.  The total amount of user fees that may be assessed in any fiscal year shall not exceed $8,312,200.  The authority of the Board to assess a user fee expires on and after January 1, 2018.”

§64-9-18. Cable TV Advisory Board.

(a) The legislative rule effective on April 15, 1991, authorized under the authority of section six, article eighteen, chapter five of this code, relating to the Cable TV Advisory Board (franchising procedures, 187 CSR 1), is repealed.

(b) The legislative rule effective on June 1, 1997, authorized under the authority of section twenty-six, article eighteen, chapter five of this code, relating to the Cable TV Advisory Board (implementing regulations, 187 CSR 2), is repealed.

(c) The legislative rule effective on June 30, 1997, authorized under the authority of section twenty-six, article eighteen, chapter five of this code, relating to the Cable TV Advisory Board (calculation and collection of late fee, 187 CSR 6), is repealed.

(d) The procedural rule effective on October 7, 1991, authorized under the authority of section twenty-six, article eighteen, chapter five of this code, relating to the Cable TV Advisory Board (administrative procedures for consumer complaint resolution under the West Virginia Cable TV Systems Act, 187 CSR 3), is repealed.

(e) The procedural rule effective on August 28, 1993, authorized under the authority of section sixteen, article eighteen, chapter five of this code, relating to the Cable TV Advisory Board (rate regulation procedures, 187 CSR 4), is repealed.

(f) The procedural rule effective on March 5, 1994, authorized under the authority of section twenty-six, article eighteen, chapter five of this code, relating to the Cable TV Advisory Board (form and service of notice under section eight, article eighteen-a, chapter five of this code, 187 CSR 5), is repealed.

§64-9-19. Contractor Licensing Board.

The legislative rule effective on November 1, 2002, authorized under the authority of section fourteen, article eleven, chapter twenty-one of this code, relating to the Contractor Licensing Board (consumer complaints, 28 CSR 3), is repealed.

§64-9-20. Respiratory Care Board.

The legislative rule effective on June 24, 1997, authorized under the authority of section six, article thirty-four, chapter thirty  of this code, relating to the Respiratory Care Board (procedure for licensure applications, 30 CSR 1), is repealed.

§64-9-21. Attorney General.

The procedural rule effective on December 21, 1988, authorized under the authority of section three, article one, chapter twenty-nine-b of this code, relating to the Attorney General (freedom of information, 142 CSR 2), is repealed.

§64-9-22. Municipal Bond Commission.

The procedural rule effective on March 12, 1984, authorized under the authority of section six, article three, chapter thirteen of this code, relating to the Municipal Bond Commission (rules of procedure covering board and executive committee meetings of the Municipal Bond Commission, 109  CSR 1), is repealed.

§64-9-23. Housing Development Fund.

The legislative rule effective on August 15, 1982, authorized under the authority of section one, article eighteen-b, chapter thirty-one of this code, relating to the Housing Development Fund (refiling of administrative rules pertaining to administration of single-family mortgage loans, 88 CSR 1) is repealed.

§64-9-24. Public Service Commission.

(a) The legislative exempt rule effective on December 12, 1987, authorized under the authority of section one, article one, chapter twenty-four of this code, relating to the Public Service Commission (rules and regulations for carrier access to the lines and facilities of other carriers, 150 CSR 18), is repealed.

(b) The legislative exempt rule effective on December 12, 1987, authorized under the authority of section one, article one, chapter twenty-four of this code, relating to the Public Service Commission (rules and regulations for shipper access to the lines and facilities of rail carriers, 150 CSR 19), is repealed.

§64-9-25. Infrastructure and Jobs Development Council.

The procedural rule effective on November 12, 1999, authorized under the authority of section three, article nine-a, chapter six of this code, relating to the Infrastructure and Jobs Development Council (establishing procedures to provide public notice of date, time, place, agenda and purpose of meetings of the West Virginia Infrastructure and Jobs Development Council and manner in which meetings are to be conducted, 167 CSR 2), is repealed.

§64-9-26. Water Development Authority.

The procedural rule effective on November 4, 1999, authorized under the authority of section three, article nine-a, chapter six of this code, relating to the Water Development Authority (new procedures in relation to providing public notice of date, time, place and purpose of meetings of the West Virginia Water Development Authority and manner in which meetings are to be conducted, 44 CSR 3), is repealed.

            On motion of Delegate Ellington the amendment was amended on page seven, section ten, by striking out section ten in its entirety and inserting the lieu thereof a new section 10, to read as follows:

§64-9-10. Board of Medicine.

(a) The legislative rule filed in the State Register on July 27, 2015, authorized under the authority of section eleven-b, article three, chapter thirty of this code, modified by the Board of Medicine to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 23, 2015, relating to the Board of Medicine (establishment and regulation of limited license to practice medicine and surgery at certain state veterans’ nursing home facilities, 11 CSR 11), is authorized.

(b) The Legislature directs the West Virginia Board of Medicine to promulgate the legislative rule filed in the State Register on April 6, 2007, authorized under the authority of section seven, article three, chapter thirty of this code relating to the Board of Medicine (licensing and disciplinary procedures. Physicians; Podiatrists, 11 CSR 1A), is authorized with the following amendments:

‘On Subsection 12.1, subdivision ee, paragraph A, after the word, “narcolepsy” and inserting the words, “binge eating disorder”’;

And,

On page 14, after Section 26, by inserting a new section 27 to read as follows:

§64-9-27. Board of Osteopathic Medicine.

The Legislature directs the West Virginia Board of Osteopathic Medicine to promulgate the legislative rule filed in the State Register on May 8, 2013, authorized under the authority of section four, article one, chapter thirty and section six-b, article one, chapter 30 of this code relating to the Board of Osteopathic Medicine (licensing procedures for osteopathic physicians, 24 CSR 1), is authorized with the following amendments:

On Subsection 18.1, subdivision dd, paragraph 1, after the word, “narcolepsy” and inserting the words, “binge eating disorder”.’

            The Judiciary Committee amendment, as amended, was then adopted.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 262, Eliminating need for law enforcement to obtain court order prior to having access to inmate mail and phone recordings; 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 one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

“That §25-1-17 and §25-1-18 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 1. ORGANIZATION, INSTITUTIONS AND CORRECTIONS MANAGEMENT.

§25-1-17. Monitoring of inmate telephone calls; procedures and restrictions; calls to or from attorneys excepted.

(a) The Commissioner of Corrections or his or her designee is authorized to monitor, intercept, record and disclose telephone calls to or from adult inmates of state correctional institutions in accordance with the following provisions:

(1) All adult inmates of state correctional institutions shall be notified in writing that their telephone conversations may be monitored, intercepted, recorded and disclosed;

(2) Only the commissioner, warden, administrator or their designee shall have access to recordings of inmates’ telephone calls unless disclosed pursuant to subdivision (4) of this subsection;

(3) Notice shall be prominently placed on or immediately near every telephone that may be monitored;

(4) The contents of inmates’ telephone calls may be disclosed to an appropriate law-enforcement agency pursuant to an order of a court or administrative tribunal when disclosure is necessary for the investigation, prevention or prosecution of a crime or to safeguard the orderly operation of the correctional institution. Disclosure may be made in civil or administrative proceedings pursuant to an order of a court or an administrative tribunal when the disclosure is:

(A) Necessary to safeguard and protect the orderly operation of the correctional institution; or

(B) Necessary to protect persons from physical harm or the threat of physical harm;

(5) All recordings of telephone calls shall be retained for at least three years and maintained and destroyed in accordance with the record retention policy of the Division of Corrections adopted pursuant to section one, article eight, chapter five-a of this code, et seq.; or

(6) To safeguard the sanctity of the attorney-client privilege, a telephone line that is not monitored shall be made available for telephone calls to or from an attorney. These calls shall not be monitored, intercepted, recorded or disclosed in any matter.

(b) The commissioner shall propose legislative rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to effectuate the provisions of this section. The commissioner shall promulgate a policy directive establishing a record-keeping procedure which requires retention of (1) a copy of the contents of any inmate telephone conversation provided to law enforcement and (2) the name of the law-enforcement officer and the law-enforcement agency to which the contents of the telephone conversation were provided. The records required to be retained pursuant to this subsection shall be retained in accordance with the record retention policy specified in subdivision (5) of subsection (a) of this section.  The inmate’s telephone conversation and the information regarding law enforcement are law-enforcement records under subdivision (4), subsection (a), section four, article one, chapter twenty-nine-b of this code.

(c) Should an inmate be charged with a crime based in whole or part on the inmate’s telephone conversation supplied to law enforcement, the inmate’s attorney in said criminal matter shall be entitled to access to and copies of the inmate’s telephone conversations in the custody of the commissioner which are not evidence in or the subject of another criminal investigation.

(c)(d) The provisions of this section shall apply only to those persons serving a sentence of incarceration in the physical custody of the Commissioner of Corrections.

§25-1-18. Monitoring inmate mail; procedures and restrictions; identifying mail from a state correctional institution; mail to or from attorneys excepted.

(a) The Commissioner of Corrections or his or her designee is authorized to monitor, open, review, copy and disclose mail sent to adult inmates of state correctional institutions in accordance with the following provisions:

(1) All adult inmates of state correctional institutions shall be notified in writing that their mail may be monitored, opened, reviewed, copied and disclosed;

(2) Only the commissioner and his or her designee shall have access to copies of inmates’ mail unless disclosed pursuant to subdivision (4) of this subsection;

(3) Notice that the mail may be monitored shall be prominently placed on or immediately near every mail receptacle or other designated area for the collection or delivery of mail;

(4) The contents of inmates’ mail may be disclosed to an appropriate law-enforcement agency pursuant to an order of a court or administrative tribunal when disclosure is necessary for the investigation, prevention or prosecution of a crime or to safeguard the orderly operation of the correctional institution. Disclosure may be made in civil or administrative proceedings pursuant to an order of a court or administrative tribunal when the disclosure is: (A) Necessary to safeguard and protect the orderly operation of the correctional institution; or

(B) Necessary to protect persons from physical harm or the threat of physical harm;

(5) All copies of mail shall be retained for at least three years and maintained and destroyed in accordance with the records retention policy of the Division of Corrections adopted pursuant to section one, article eight, chapter five-a of this code, et seq.; or

(6) The inmate whose mail has been copied and disclosed under this section shall be given a copy of all such mail when it is determined by the commissioner, warden or administrator not to jeopardize the safe and secure operation of the facility or to be detrimental to an ongoing investigation or administrative action.

(b) To safeguard the sanctity of the attorney-client privilege, mail to or from an inmate=s attorney shall not be monitored, reviewed, copied or disclosed in any manner unless required by an order of a court of competent jurisdiction. However, such mail may be checked for weapons, drugs and other contraband provided it is done in the presence of the inmate and there is a reasonable basis to believe that any weapon, drug or other contraband exists in the mail.

(c) All inmates= outgoing mail must be clearly identified as being sent from an inmate at a state correctional institution and must include on the face of the envelope the name and full address of the institution.

(d) The Commissioner of Corrections or his or her designee is authorized to open, monitor, review, copy and disclose an inmate=s outgoing mail in accordance with the provisions of subsection (a) of this section.

(e) The commissioner shall propose legislative rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to effectuate the provisions of this section. The commissioner shall promulgate a policy directive establishing a record-keeping procedure which requires retention of (1) all inmate mail provided to law enforcement and (2) the name of the law-enforcement officer and the law-enforcement agency to which the inmate mail was provided. The records required to be retained pursuant to this subsection shall be retained in accordance with the record retention policy specified in subdivision (5) of subsection (a) of this section. The inmate mail and the information regarding law enforcement are law-enforcement records under subdivision (4), subsection (a), section four, article one, chapter twenty-nine-b of this code.

(f) Should an inmate be charged with a criminal offense based in whole or in part on the inmate’s mail supplied to law enforcement, the inmate’s attorney in said criminal matter shall be entitled to access to and copies of the inmate’s mail in the custody of the commissioner which are not evidence in or the subject of another criminal investigation.

(g) The provisions of this section shall apply only to those persons serving a sentence of incarceration in the physical custody of the Commissioner of Corrections.”

            The bill was then  ordered to third reading.

            Com. Sub. for S. B. 267, Modifying removal procedure for certain county, school district and municipal officers; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk on page one, immediately following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

“That §6-6-1 and §6-6-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 6. REMOVAL OF OFFICERS

'6-6-1. Definitions.

The term "neglect of duty," or the term "official misconduct," as used in this article, shall include the willful waste of public funds by any officer or officers, or the appointment by him or them of an incompetent or disqualified person to any office or position and the retention of such person in office, or in the position to which he was appointed, after such incompetency or disqualification is made to appear, when it is in the power of such officer to remove such incompetent or disqualified person. The term "incompetence," as used in this article, shall include the wasting or misappropriation of public funds by any officer, habitual drunkenness, habitual addiction to the use of narcotic drugs, adultery, neglect of duty, or gross immorality, on the part of any officer. The term "incompetent person," as used in this section, shall include any appointee or employee of any officer or officers, including county court, municipal bodies or officers, and boards of education, who willfully wastes or misappropriates public funds, or who is guilty of habitual drunkenness, habitual addiction to the use of narcotic drugs, adultery, neglect of duty or gross immorality.  

(a) The term “official misconduct”, as used in this article, means conviction of a felony during the officer’s present term of office or any willful unlawful behavior by a public officer in the course of his or her performance of the duties of the public office which are committed during the officer’s present term of office.

(b) The term “neglect of duty”, as used in this article, means the knowing refusal or willful failure of a public officer to perform an essential act or duty of the office required by law and occurring during the officer’s present term of office.

(c) The term “incompetence”, as used in this article, may include the following acts or adjudications committed or arising during the challenged officer’s present term of office: The waste or misappropriation of public funds by any officer when the officer knew, or should have known, that such use of funds was inappropriate or inconsistent with the lawful duties of the office; conviction of a misdemeanor involving dishonesty or gross immorality, having been the subject of a determination of incapacity, as defined and governed by section seven, article thirty, chapter sixteen of this code; or other conduct affecting the officer’s ability to perform the essential official duties of his or her office including but not limited to habitual drunkenness or  addiction to the use of narcotic drugs.

(d) The term “qualified petitioner”, as used in this article, means a person who was registered to vote in the election in which the officer was chosen which next preceded the filing of the petition.

§6-6-7. Procedure for removal of county, school district and municipal officers having fixed terms; appeal; grounds; cost.

(a) Any person holding any county, school district or municipal office, including the office of a member of a board of education and the office of magistrate, the term or tenure of which office is fixed by law, whether the office be elective or appointive, except judges of the circuit courts, may be removed from such office in the manner provided in this section for official misconduct, malfeasance in office, neglect of duty, incompetence, neglect of duty or gross immorality or for any of the causes or on any of the grounds provided by any other statute.

(b) Charges may be preferred proffered:

(1) In the case of any county officer, member of a district board of education or magistrate, by the county commission, or other tribunal in lieu thereof, any other officer of the county, or by any number of persons other than such county officers, which number shall be the lesser of fifty or one percent of the total number of voters of the county participating in the general election next preceding the filing of such charges.

 (2) In the case of any municipal officer, by the prosecuting attorney of the county wherein such municipality, or the greater portion thereof, is located, any other elected officer of the municipality, or by any number of persons other than the prosecuting attorney or other municipal elective officer of the municipality who are residents of the municipality, which number shall be the lesser of twenty-five or one percent of the total number of voters of the municipality participating in the election at which the governing body was chosen which election next preceded the filing of the petition.

(1) In the case of any county officer, member of a board of education or magistrate:

(A) By a duly enacted resolution of the county commission which sets forth therein the name and office of the challenged officer, the alleged wrongful acts, the dates the alleged acts occurred and the grounds for removal as provided in this article;

(B) By the prosecuting attorney of the county; or

(C) By petition of a number of qualified petitioners, which number shall be:

(i) In a county with a population in excess of fifty thousand; the lesser of two thousand or ten percent of the number of registered voters who participated in the particular election in which the challenged officer was chosen which next preceded the filing of the petition;

ii) In a county with a population in excess of ten thousand but not in excess of fifty thousand, the lesser of five hundred or ten percent of the number of registered voters who participated in the particular election in which the challenged officer was chosen which next preceded the filing of the petition; and

iii) In a county with a population not in excess of ten thousand, the lesser of one hundred or ten percent of the number of registered voters who participated in the particular election in which the challenged officer was chosen which next preceded the filing of the petition.

Such petition shall set forth therein the name and office of the challenged officer, the alleged wrongful acts and the grounds for removal.

(2) In the case of any municipal officer:

(A) By a duly enacted resolution of the governing body of the municipality which sets forth therein the name and office of the challenged officer, the alleged wrongful acts, the dates the alleged acts occurred and the grounds for removal as provided in this article;

(B) By the prosecuting attorney of the county wherein such municipality, or the greater portion thereof, is located or

(C) By petition of a number of qualified petitioners, which number shall be

(i) In a class I city, the lesser of two thousand or ten percent of the number of registered voters who participated in the particular election in which the challenged officer was chosen which next preceded the filing of the petition;

(ii) In a class II city, the lesser of five hundred or ten percent of the number of registered voters who participated in the particular election in which the challenged officer was chosen which next preceded the filing of the petition;

(iii) In a class III city, the lesser of one hundred or ten percent of the number of registered voters who participated in the particular election in which the challenged officer was chosen which next preceded the filing of the petition; and

(iv) In a class IV town or village, the lesser of fifty or ten percent of the number of registered voters who participated in the particular election in which the challenged officer was chosen which next preceded the filing of the petition.

Such petition shall set forth therein the name and office of the challenged officer, the alleged wrongful acts and the grounds for removal.

 (3) By the chief inspector and supervisor of public offices of the state where the person sought to be removed is entrusted by law with the collection, custody and expenditure of public moneys because of any intentional or unlawful misapplication, misappropriation or embezzlement of such moneys.

(c) The charges shall be reduced to writing in the form of a petition duly verified by at least one of the persons bringing the same, and shall be entered of record by the court, or the judge thereof in vacation, and a summons shall thereupon be issued by the clerk of such court, together with a copy of the petition, requiring the officer or person named therein to appear before the court, at the courthouse of the county where such officer resides, and answer the charges on a day to be named therein, which summons shall be served at least twenty days before the return day thereof in the manner by which a summons commencing a civil suit may be served.

The court, or judge thereof in vacation, or in the case of any multijudge circuit, the chief judge thereof, shall, without delay forward a copy of the petition to the Supreme Court of Appeals and shall ask for the impaneling or convening of a three-judge court consisting of three circuit judges of the state. The chief justice of the Supreme Court of Appeals shall without delay designate and appoint three circuit judges within the state, not more than one of whom shall be from the same circuit in which the petition is filed and, in the order of such appointment, shall designate the date, time and place for the convening of such three-judge court, which date and time shall not be less than twenty days from the date of the filing of the petition.

Such three-judge court shall, without a jury, hear the charges and all evidence offered in support thereof or in opposition thereto and upon satisfactory proof of the charges shall remove any such officer or person from office and place the records, papers and property of his or her office in the possession of some other officer or person for safekeeping or in the possession of the person appointed as hereinafter provided to fill the office temporarily. Any final order either removing or refusing to remove any such person from office shall contain such findings of fact and conclusions of law as the three-judge court shall deem sufficient to support its decision of all issues presented to it in the matter.

(c) When removal is proffered by a duly enacted resolution of a county commission or municipal governing body, a certified copy of the resolution shall be served by the clerk of the commission or municipal governing body upon the circuit court in whose jurisdiction the officer serves within five business days of adoption of the resolution. The proffering county commission or municipal governing body shall be responsible for the prosecution of the removal resolution.

(d) When removal is proffered by the prosecuting attorney, the charges shall be reduced to writing and the charges shall be served upon the circuit court in whose jurisdiction the officer serves, and the prosecuting attorney shall be responsible for the prosecution of the removal action.

(e) When removal is proffered by petition, the charges shall be reduced to writing and each page on which signatures are affixed shall include the name and office of the challenged officer, the charges or grounds for removal, which may be achieved by attachment to each signature page, and an informed acknowledgement of an agreement with the charges. At least one of the persons bringing the petition shall serve the original petition upon the circuit court in whose jurisdiction the officer serves, and shall be responsible for the prosecution of the removal action.

(f) Any resolution or petition submitted pursuant to this section shall be received and entered of record by the court, or the judge thereof in vacation, and a summons shall thereupon be issued by the clerk of such court, together with a copy of the resolution or petition, requiring the officer or person named therein, or legal counsel therefor, to appear before the court for a preliminary hearing, at the courthouse of the county where such officer resides, for the purpose of a judicial determination as to the validity of the resolution or petition, the clerk having ascertained whether such signatures are the signatures of eligible residents, and to hear any related objections or motions that may be presented. The summons shall be served in the manner by which a summons commencing a civil suit may be served within five (5) business days of the receipt of the resolution or petition by the court.

(g) The court, or judge thereof in vacation, or in the case of any multi-judge circuit, the chief judge thereof, shall have authority to evaluate any resolution or petition for any procedural defect, and to consider all the allegations made in the resolution or petition in light of the applicable case law and the required strict construction of the grounds asserted, and conclude whether or not the allegations asserted would be sufficient, if proven by clear and convincing evidence, to warrant the removal of the officer from office.  In the case of a petition, the court may require that the clerk responsible for the maintenance of voting records for the governing body for whom the officer serves provide an affidavit verifying the number of qualified petitioner signatures and the applicable total number of registered voters.

If the court finds, after consideration of any motions or objections, or in the court’s discretion provided for herein, that the resolution or petition is defective or the allegations stated therein do not meet the standards for removal set forth herein, the resolution or petition shall be dismissed by the court.  If the court finds that the resolution or petition is sufficient under the standards for removal set forth herein to proceed to a hearing before a three judge court, the court shall forward a copy of the resolution or petition to the Supreme Court of Appeals.

Upon receipt of said resolution or petition, the chief justice of the Supreme Court of Appeals shall, not fewer than twenty days from the date of the receipt of the resolution or petition, designate and appoint three circuit judges within the state, not more than one of whom shall be from the same circuit in which the resolution or petition was filed and, in the order of such appointment, shall require that the three judge court designate the date, time and place for the hearing of the resolution or petition forthwith.

Such three-judge court shall, without a jury, hear the charges, any motions filed by either party and all evidence offered in support thereof or in opposition thereto, and upon satisfactory proof of the charges by clear and convincing evidence, shall remove any such officer from office and place the records, papers and property of his office in the possession of some other officer or person for safekeeping or in the possession of the person appointed as hereinafter provided to fill the office temporarily. Any final order either removing or refusing to remove any such person from office shall contain such findings of fact and conclusions of law as the three-judge court shall deem sufficient to support its decision of all issues presented to it in the matter.

(d)(h) An appeal from an order of such three-judge court removing or refusing to remove any person from office pursuant to this section may be taken to the Supreme Court of Appeals within thirty days from the date of entry of the order from which the appeal is taken. The Supreme Court of Appeals shall consider and decide the appeal upon the original papers and documents, without requiring the same to be printed and shall enforce its findings by proper writ. From the date of any order of the three-judge court removing an officer under this section until the expiration of thirty days thereafter, and, if an appeal be taken, until the date of suspension of such order, if suspended by the three-judge court and if not suspended, until the final adjudication of the matter by the Supreme Court of Appeals, the officer, commission or body having power to fill a vacancy in such office may fill the same by a temporary appointment until a final decision of the matter, and when a final decision is made by the Supreme Court of Appeals shall fill the vacancy in the manner provided by law for such office.

(e)(i) In any case wherein the charges are preferred proffered by the chief inspector and supervisor of public offices against the county commission or any member thereof or any county, school district or municipal officer, the proceedings under this section shall be conducted and prosecuted in the same manner set forth herein for removal by resolution or petition by the prosecuting attorney of the county in which the officer proceeded against resides, and on any appeal from the order of the three-judge court in any such case, the Attorney General of the state shall represent the people. When any municipal officer is proceeded against the solicitor or municipal attorney for such municipality may assist in the prosecution of the charges.

(j) If a judicial proceeding under this section is dismissed or otherwise resolved in favor of the challenged officer who has been found to be acting in good faith, the political subdivision for which the officer serves shall be responsible for the court costs and reasonable attorney fees for the officer.

            Delegates Shaffer and Azinger moved to amend the amendment on page three, section seven, lines twenty-six and twenty-seven, following the words “lessor of”, by striking out the words “two thousand or ten” and inserting in lieu thereof, the words “two-hundred fifty or two”;.

On page three, section seven, line thirty, following the words “lessor of”, by striking out the words “five hundred or ten” and inserting in lieu thereof, the words “one hundred twenty-five or two”.

On page three, section seven, lines thirty-tree and thirty-four, following the words “the lessor of”, by striking out the words “one hundred or ten” and inserting in lieu thereof, the words “fifty or two”.

On page four, section seven, line forty-five, following the word “the lessor of”, by striking out the words “two thousand or ten” and inserting “two hundred fifty or two”.

On page four, section seven, line forty-eight, following the word “the lessor of”, by striking out the words “five hundred or ten” and inserting in lieu thereof, the words “two hundred fifty or two”.

            On page four, section seven, line fifty-one, following the words “the lessor of”, by striking out the words “one hundred or ten” and inserting in lieu thereof, the words “fifty or two”.

On page four, section seven, line fofty-four, following the words “fifty or”, by striking out the word “ten” and inserting in lieu thereof, the word “two”;

            And,

On page seven, section seven, line one hundred twenty, following the word “voters”, by striking out the period and inserting the words “who participated in the particular election in which the challenged officer was chosen which next preceded the filing of the petition”.

            Delegate Shaffer asked unanimous consent to reform the amendment, objection being heard.

            Delegate J. Nelson moved to advance the bill to third reading with the right to amendmen and subsequently withdrew his motion.    

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

            On motion of Delegate Ihle, the Judiciary Committee amendment was then amended amendment on page one, section (a), lines sixteen and seventeen, by striking out the words “which are committed during the officer’s present term of office”.

            On page two, section (b), lines nineteen and twenty, by striking out the words “and occurring during the officer’s present term of office”.

            And,

            On page two, section (c), line twenty-two, by striking out the word “present”.

            The Clerk then reported a new amendment offered by Delegates Shaffer and Azinger, as follows:

            Delegates Shaffer and Azinger move to amend the amendment on page three, section seven, lines twenty-six and twenty-seven, following the words “lessor of” by striking out the words “two thousand or ten” and inserting in lieu thereof, the words “two hundred fifty or five”;

            And,

On page three, section seven, line thirty, following the words “lessor of” by striking out the words “five hundred or ten” and inserting in lieu thereof, the words “two hundred or five”;

            And,

On page three, section seven, lines thirty-three and thirty-four, following the words “the lessor of” by striking out the words “one hundred or ten” and inserting in lieu thereof, the words “one hundred or five”;

            And,

On page four, section seven, line forty-five, following the word “the lessor of” by striking out the words “two thousand or ten” and inserting “two hundred fifty or five”;

            And,

On page four, section seven, line forty-eight, following the word “the lessor of” by striking out the words “five hundred or ten” and inserting in lieu thereof, the words “two hundred fifty or five”;

            And,

On page four, section seven, line fifty-one, following the words “the lessor of” by striking out the words “one hundred or ten” and inserting in lieu thereof, the words “one hundred or five”;

            And,

On page four, section seven, line fifty-four, following the words “one hundred or” by striking out the word “ten” and inserting in lieu thereof, the word “five”;

            And,

On page seven, section seven, line one hundred twenty, following the word “voters” by striking out the period and inserting the words “who participated in the particular election in which the challenged officer was chosen which next preceded the filing of the petition.”

            On the adoption of the amendment, Delegates Shott demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 478), and there were--yeas 25, nays 75, absent and not voting none, with the yeas being as follows:

Yeas: Azinger, Blackwell, Border, Fast, Folk, Frich, Hill, Hornbuckle, Ihle, Kelly, Kessinger, Kurcaba, Longstreth, Lynch, McGeehan, Miley, Moffatt, Moye, Reynolds, Rohrbach, Shaffer, P. Smith, Sponaugle, Trecost and P. White.

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

At the request of Delegate Shott, and by unanimous consent, the bill was advanced to third reading with restricted right to amend by Delegates Shott and Manchin, and the rule was suspended to permit the consideration of the amendment on that reading.

            Com. Sub. for S. B. 270, Repealing code relating to insurance policies; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 291, Law enforcement use of unmanned aircraft systems; on second reading, coming up in regular order, was read a second time.

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

“That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §61-14-1, §61-14-2, §61-14-3, §61-14-4, §61-14-5 and §61-14-6 all to read as follows:

CHAPTER 61. CRIMES AND THEIR PUNISHMENT

ARTICLE 14. USE OF UNMANNED AIRCRAFT SYSTEMS.

§61-14-1. Definitions.

As used in this article:

(1) “Aircraft” means any contrivance now known or subsequently invented, used or designed for navigation or for flight in the air, including, but not limited to, unmanned aircraft vehicles or systems;

(2) “Chief executive officer” has the same meaning as the definition for “chief executive” in section one, article twenty-nine, chapter thirty of this code;

(3) “Commission” means the West Virginia State Aeronautics Commission;

(4) “Director” means the Director of Aeronautics for the State of West Virginia or his or her designee;

(5) “Law-enforcement agency” means any duly authorized state, county or municipal organization employing one or more persons whose responsibility is the enforcement of laws of the state, the United States, county or municipality: Provided, That neither the Public Service Commission nor any state institution of higher education nor any resort area district is a law-enforcement agency;

(6) “Targeted facility” means a coal mine, coal preparation plant, petroleum and aluminum refineries, chemical and rubber manufacturing facilities, oil and gas extraction or processing facilities, electric generation facilities and public utilities and any entity regulated by the Public Service Commission;

(7) “Unmanned aircraft system” or “system” means an aircraft that is operated without direct human intervention from inside or on the aircraft and includes the crewmember, the associated support equipment, the control station, data links, telemetry, communications and navigation equipment necessary to operate the unmanned aircraft;

(8) “Unmanned aircraft system crew member”  or “crew member” means a person other than an unmanned aircraft system pilot who is assigned to duties related to an unmanned aircraft system during flight; and

(9) “Unmanned aircraft system pilot” or “pilot” means a person exercising control over an unmanned aircraft system during flight.

§61-14-2. Applicability of federal laws and Federal Aviation Administration regulations.

Notwithstanding any provision of this article to the contrary, any person or entity operating an unmanned aircraft system shall only do so in compliance with applicable federal law and applicable regulations of the Federal Aviation Administration.

§61-14-3. Prohibited use of an unmanned aircraft system; criminal penalties.

(a) Except as authorized by the provisions of this article, a person may not operate an unmanned aircraft system:

(1) To take photographs or other types of images of another person without the other person’s permission where the person being photographed or whose image is being captured has a reasonable expectation of privacy;

(2) To physically harass another person; or

(3) In a manner with a willful wanton disregard for the safety of persons or property.

(b) Any person violating the provisions of subsection (a) of this section is guilty of a misdemeanor and, upon conviction, shall be confined in jail for not more than one year, fined not less than $100 nor more than $1000, or both confined and fined.

 (c) Any person who equips an unmanned aircraft system with any lethal weapon or operates any unmanned aircraft system equipped with any lethal weapon is guilty of a felony and, upon conviction, shall be imprisoned for not less than one nor more than five years, fined not less than $1,000 nor more than $5,000, or both imprisoned and fined.

(d) Any person who operates an unmanned aircraft system with the intent to cause damage to or disrupt in any way the flight of a manned aircraft is guilty of a felony and, upon conviction, shall be imprisoned for not less than one nor more than five years, fined not less than $1,000 nor more than $5,000, or both imprisoned and fined.

§61-14-4. Law-enforcement use of unmanned aircraft systems.

(a) A law-enforcement agency employing unmanned aircraft shall:

(1) Obtain any authorization, permit or certificate required by the Federal Aviation Administration to operate the unmanned aircraft system;

(2) Allow the unmanned aircraft system to be operated only by unmanned aircraft system pilots and unmanned aircraft systems crew members who have been trained and certified in the operation of the unmanned aircraft system and only under the supervision of officials trained in the policies, laws, rules and procedures governing the use of the unmanned aircraft system;

(3) Ensure that the flight of an unmanned aircraft system be approved by the Director of the Commission or his or her designee or the chief executive officer of the law-enforcement agency or the officer’s designee;

(4) Operate the unmanned aircraft system for a lawful public purpose;

(5) Maintain a record of each flight, including the time, date and purpose of the flight, and the identity of the authorizing official;

(6) Establish an auditable flight record system, including the documentation of any change in a flight time record;

(7) Establish a method for notifying the public that an unmanned aircraft system is in operation, unless notifying the public would endanger the safety of any person or jeopardize the efficacy of a criminal investigation; and

(8) Provide for community involvement in the development of the policies required in this section, including the consideration of public comment.

(b) Except for an emergency response for public safety purposes or search and rescue purposes, no law-enforcement agency shall, without warrant, use an unmanned aircraft system to intentionally conduct surveillance of, gather evidence or collect information about, or photographically or electronically record specifically targeted persons or specifically targeted private property including, but not limited to, an individual or a dwelling owned by an individual and such dwelling’s curtilage, without such individual’s written consent;

(c) Any law-enforcement agency operating an unmanned aircraft system for criminal investigative purposes shall document such use, including flight durations, flight path, flight objectives and authorization for the flight. The person with supervisory authority over the flight shall verify that the documentation is accurate and complete. The law-enforcement agency shall retain all documentation required by this subsection for five years; the law-enforcement agency shall not retain any imagery or other data obtained during a flight which does not contain evidence of a crime or is otherwise reasonably related to an agency criminal investigation for more than ninety days.

(d) No law-enforcement agency may use an unmanned aircraft system for purposes of traffic enforcement.

(e) Nothing in this section shall be construed to prohibit the use by a law-enforcement agency of an unmanned aircraft system under circumstances when there is reasonable cause to believe that the use and operation of an unmanned aircraft system would safely avert imminent threats to human life and safety, property damage or environmental damage.

(f) The Law Enforcement Professional Standards Subcommittee, in consultation with the Department of Military Affairs and Public Safety, West Virginia State Police, West Virginia Sheriffs’ Bureau for Professional Standards and the  West Virginia State Aeronautics Commission, shall propose legislative rules for promulgation in accordance with article three, chapter twenty-nine-a of this code  They may promulgate any necessary emergency rules to implement the provisions of this article pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code.

§61-14-5. Unauthorized operation of an unmanned aircraft system over certain industrial facilities; penalties.

(a) The operation of an unmanned aircraft system over the property of a targeted facility to intentionally deploy any substance, material, projectile or object, or to conduct surveillance of, gather evidence and information about, or photographically or electronically record a targeted facility without the prior consent of the owner of the targeted facility is unlawful: Provided, That nothing in this section prohibits a person from operating an unmanned aircraft system to conduct surveillance of, gather evidence and information about, or photographically or electronically record the person’s own property or immovable property owned by another person under a valid lease, servitude, right-of-way, right of use, permit, license or other right: Provided, however, That nothing in this section prohibits third persons retained by the owner of immovable property from operating an unmanned aircraft system over, or to otherwise conduct surveillance of, gather evidence and information about, or photographically or electronically record the property: Provided further, That nothing in this section prohibits a person from operating an unmanned aircraft system in connection with production of a motion picture, television program or similar production if the operation is authorized by the property owner. The provisions of this subsection do not apply to a law enforcement agency acting in compliance with the provisions of this article.

 (b) Any person who violates subsection (a) of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $500, or confined in a state correctional facility for not more than six months, or both.

(c) Upon conviction for a second or subsequent offense, any person who violates subsection (a) of this section is guilty of a misdemeanor and, upon conviction, shall be fined not less than $500 nor more than $1,000, or confined in a state correctional facility for not less than six months nor more than one year, or both.

Delegate J. Nelson moved to amend the Judiciary Committee amendment on page five, line ninety-six, following the word “rules”, by inserting the words “excluding a permitting process for private lawful use by the public”.

The Speaker put the question on the adoption of the foregoing amendment, and the same did not prevail.           

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

            Com. Sub. for S. B. 293, Neighborhood Investment Program Act; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page three, section three, following line seventy-three, by inserting the following:

“Direct need programs” means a program, organization or community endowment that serve persons whose annual income is no more than 125% of the federal poverty level with self-reliance and independence from government assistance as its primary objective.”

And,

On page twenty-three, section four-a, following line five hundred seventy-three, by inserting the following:

“(I) The proposed project is a direct need program or will provide emergency assistance.”

            The bill was then read to third reading.

            Com. Sub. for S. B. 298, Allowing restaurants, private clubs and wineries sell alcoholic beverages on Sundays; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

 

“That  the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §7-1-3pp; that §11-16-18 of said code be amended and reenacted;  that §60-4-3a and §60-4-3b of said code be amended and reenacted; that §60-7-12 of said code be amended and reenacted; and that §60-8-34 of said code be amended and reenacted, all to read as follows:

CHAPTER 7.  county commissions and officers.

ARTICLE 1.  county commissions generally.

§7-1-3pp.  County option election on allowing nonintoxicating beer, wine or alcoholic liquors to be sold, given or dispensed after ten o’clock a.m. on Sundays.

The county commission of any county may conduct a county option election on the question of whether the sale or dispensing of nonintoxicating beer, wine or alcoholic liquors in or on premises shall be allowed in the county beginning ten o’clock a.m. on any Sunday, as  provided in section eighteen, article sixteen, chapter eleven, sections three-a and three-b, article four, chapter sixty of this code, section twelve, article seven, of said chapter, and section thirty-four, article eight, of said chapter, upon approval as provided in this section. The option election on this question may be placed on the ballot in each county at any primary or general election. The county commission of the county shall give notice to the public of the election by publication of the notice as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for publication shall be the county in which the election is to be held. The date of the last publication of the notice shall fall on a date within the period of the fourteen consecutive days next preceding the election. On the local option election ballot shall be printed the following: “Shall the beginning hour at which non-intoxicating beer, wine and alcoholic liquor be sold or dispensed for on premises consumption only in ________ County on Sundays be changed from one o’clock p.m. to ten o’clock a.m.

If approved by the voters this would allow private clubs and restaurants licensed to sell and dispense non-intoxicating beer, wine and alcoholic liquor; licensed private wine restaurants, private wine spas, private wine bed and breakfasts to sell and dispense wine; and licensed Class A retail dealers to sell and dispense nonintoxicating beer for on premises consumption only beginning at ten o’clock a.m. Additionally, if approved, it would also allow any mini-distilleries, wineries or farm wineries in this county to offer complimentary samples for on premises consumption only beginning at ten o’clock a.m.”

[ ] Yes [ ] No

(Place a cross mark in the square opposite your choice.)

The ballots shall be counted, returns made and canvassed as in general elections and the results certified by the commissioners of election to the county commission. The county commission shall, without delay, certify the result of the election. Upon receipt of the results of the election, in the event a majority of the votes are marked “Yes” all applicable licensees shall be permitted prohibited to sell and dispense beer, wine or alcoholic liquors beginning at ten o’clock a.m. on Sundays. In the event a majority of the votes are marked “No” all applicable licensees will continue to be required to comply with existing law.

CHAPTER 11.  TAXATION.

ARTICLE 16.  NONINTOXICATING BEER.

§11-16-18.  Unlawful acts of licensees; criminal penalties.

(a) It shall be unlawful:

(1) For any licensee, his, her, its or their servants, agents or employees to sell, give or dispense, or any individual to drink or consume, in or on any licensed premises or in any rooms directly connected therewith, nonintoxicating beer or cooler on weekdays between the hours of two o’clock a.m. and seven o’clock a.m., or between the hours of two o’clock a.m. and one o’clock p.m., or a Class A retail dealer who sells nonintoxicating beer for on premises consumption only between the hours of two o’clock a.m. and ten o’clock a.m. in any county upon approval as provided for in section three-pp, article one, chapter seven of this code, on any Sunday, except in private clubs licensed under the provisions of article seven, chapter sixty of this code, where the hours shall conform with the hours of sale of alcoholic liquors;

(2) For any licensee, his, her, its or their servants, agents or employees to sell, furnish or give any nonintoxicating beer, as defined in this article, to any person visibly or noticeably intoxicated or to any person known to be insane or known to be a habitual drunkard;

(3) For any licensee, his, her, its or their servants, agents or employees to sell, furnish or give any nonintoxicating beer as defined in this article to any person who is less than twenty-one years of age;

(4) For any distributor to sell or offer to sell, or any retailer to purchase or receive, any nonintoxicating beer as defined in this article, except for cash and no right of action shall exist to collect any claims for credit extended contrary to the provisions of this subdivision.  Nothing herein contained in this section shall prohibit prohibits a licensee from crediting to a purchaser the actual price charged for packages or containers returned by the original purchaser as a credit on any sale, or from refunding to any purchaser the amount paid or deposited for the containers when title is retained by the vendor:  Provided, That a distributor may accept an electronic transfer of funds if the transfer of funds is initiated by an irrevocable payment order on the invoiced amount for the nonintoxicating beer.  The cost of the electronic fund transfer shall be borne by the retailer and the distributor must shall initiate the transfer no later than noon of one business day after the delivery;

(5) For any brewer or distributor or brew-pub or his, her, its or their agents to transport or deliver nonintoxicating beer as defined in this article to any retail licensee on Sunday;

(6) For any brewer or distributor to give, furnish, rent or sell any equipment, fixtures, signs or supplies directly or indirectly or through a subsidiary or affiliate to any licensee engaged in selling products of the brewing industry at retail or to offer any prize, premium, gift or other similar inducement, except advertising matter of nominal value, to either trade or consumer buyers: Provided, That a distributor may offer, for sale or rent, tanks of carbonic gas.  Nothing herein contained in this section shall prohibit prohibits a brewer from sponsoring any professional or amateur athletic event or from providing prizes or awards for participants and winners in any events: Provided, however, That no event shall be sponsored which permits actual participation by athletes or other persons who are minors, unless specifically authorized by the commissioner;

(7) For any licensee to permit in his or her premises any lewd, immoral or improper entertainment, conduct or practice;

(8) For any licensee except the holder of a license to operate a private club issued under the provisions of article seven, chapter sixty of this code or a holder of a license or a private wine restaurant issued under the provisions of article eight of said chapter to possess a federal license, tax receipt or other permit entitling, authorizing or allowing the licensee to sell liquor or alcoholic drinks other than nonintoxicating beer;

(9) For any licensee to obstruct the view of the interior of his or her premises by enclosure, lattice, drapes or any means which would prevent plain view of the patrons occupying the premises. The interior of all licensed premises shall be adequately lighted at all times: Provided, That provisions of this subdivision do not apply to the premises of a Class B retailer, the premises of a private club licensed under the provisions of article seven, chapter sixty of this code or the premises of a private wine restaurant licensed under the provisions of article eight of said chapter;

(10) For any licensee to manufacture, import, sell, trade, barter, possess or acquiesce in the sale, possession or consumption of any alcoholic liquors on the premises covered by a license or on premises directly or indirectly used in connection therewith with it: Provided, That the prohibition contained in this subdivision with respect to the selling or possessing or to the acquiescence in the sale, possession or consumption of alcoholic liquors is not applicable with respect to the holder of a license to operate a private club issued under the provisions of article seven, chapter sixty of this code nor shall the prohibition be applicable to a private wine restaurant licensed under the provisions of article eight of said chapter insofar as the private wine restaurant is authorized to serve wine;

(11) For any retail licensee to sell or dispense nonintoxicating beer, as defined in this article, purchased or acquired from any source other than a distributor, brewer or manufacturer licensed under the laws of this state;

(12) For any licensee to permit loud, boisterous or disorderly conduct of any kind upon his or her premises or to permit the use of loud musical instruments if either or any of the same may disturb the peace and quietude of the community wherein where the business is located: Provided, That no licensee may have in connection with his or her place of business any loudspeaker located on the outside of the licensed premises that broadcasts or carries music of any kind;

(13) For any person whose license has been revoked, as provided in this article, to obtain employment with any retailer within the period of one year from the date of the revocation, or for any retailer to knowingly employ that person within the specified time;

(14) For any distributor to sell, possess for sale, transport or distribute nonintoxicating beer except in the original container;

(15) For any licensee to knowingly permit any act to be done upon the licensed premises, the commission of which constitutes a crime under the laws of this state;

(16) For any Class B retailer to permit the consumption of nonintoxicating beer upon his or her licensed premises;

(17) For any Class A licensee, his, her, its or their servants, agents or employees, or for any licensee by or through any servants, agents or employees, to allow, suffer or permit any person less than eighteen years of age to loiter in or upon any licensed premises; except, however, that the provisions of this subdivision do not apply where a person under the age of eighteen years is in or upon the premises in the immediate company of his or her parent or parents, or where and while a person under the age of eighteen years is in or upon the premises for the purpose of and actually making a lawful purchase of any items or commodities therein sold, or for the purchase of and actually receiving any lawful service therein rendered, including the consumption of any item of food, drink or soft drink therein lawfully prepared and served or sold for consumption on the premises;

(18) For any distributor to sell, offer for sale, distribute or deliver any nonintoxicating beer outside the territory assigned to any distributor by the brewer or manufacturer of nonintoxicating beer or to sell, offer for sale, distribute or deliver nonintoxicating beer to any retailer whose principal place of business or licensed premises is within the assigned territory of another distributor of such nonintoxicating beer:  Provided, That nothing herein in this section is considered to prohibit sales of convenience between distributors licensed in this state wherein  where one distributor sells, transfers or delivers to another distributor a particular brand or brands for sale at wholesale; and

(19) For any licensee or any agent, servant or employee of any licensee to knowingly violate any rule lawfully promulgated by the commissioner in accordance with the provisions of chapter twenty-nine-a of this code.

(b) Any person who violates any provision of this article including, but not limited to, any provision of this section, or any rule, or order lawfully promulgated by the commissioner, or who makes any false statement concerning any material fact in submitting application for license or for a renewal of a license or in any hearing concerning the revocation thereof, or who commits any of the acts herein declared to be unlawful is guilty of a misdemeanor and, upon conviction thereof, shall be punished for each offense by a fine of not less than $25, nor more than $500, or confined in the county or regional jail for not less than thirty days nor more than six months, or by both fine and confinement. Magistrates shall have concurrent jurisdiction with the circuit court and any other courts having criminal jurisdiction in their county for the trial of all misdemeanors arising under this article.

(c) (1) A Class B licensee that:

(A) Has installed a transaction scan device on its licensed premises; and

(B) Can demonstrate that it requires each employee, servant or agent to verify the age of any individual to whom nonintoxicating beer is sold, furnished or given away by the use of the transaction device may not be subject to: (i) Any criminal penalties whatsoever, including those set forth in subsection (b) of this section; (ii) any administrative penalties from the commissioner; or (iii) any civil liability whatsoever for the improper sale, furnishing or giving away of nonintoxicating beer to an individual who is less than twenty-one years of age by one of his or her employees, servants or agents. Any agent, servant or employee who has improperly sold, furnished or given away nonintoxicating beer to an individual less than twenty-one years of age is subject to the criminal penalties of subsection (b) of this section. Any agent, servant or employee who has improperly sold, furnished or given away nonintoxicating beer to an individual less than twenty-one years of age is subject to termination from employment, and the employer shall have no civil liability for the termination.

(2) For purposes of this section, a Class B licensee can demonstrate that it requires each employee, servant or agent to verify the age of any individual to whom nonintoxicating beer is sold by providing evidence: (A) That it has developed a written policy which requires each employee, servant or agent to verify the age of each individual to whom nonintoxicating beer will be sold, furnished or given away; (B) that it has communicated this policy to each employee, servant or agent; and (C) that it monitors the actions of its employees, servants or agents regarding the sale, furnishing or giving away of nonintoxicating beer and that it has taken corrective action for any discovered noncompliance with this policy.

(3) “Transaction scan” means the process by which a person checks, by means of a transaction scan device, the age and identity of the cardholder, and “transaction scan device” means any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information enclosed on the magnetic strip or bar code of a driver’s license or other governmental identity card.

(d) Nothing in this article nor any rule or regulation of the commissioner shall prevent or be considered to prohibit any licensee from employing any person who is at least eighteen years of age to serve in the licensee’s lawful employ, including the sale or delivery of nonintoxicating beer as defined in this article. With the prior approval of the commissioner, a licensee whose principal business is the sale of food or consumer goods or the providing of recreational activities, including, but not limited to, nationally franchised fast food outlets, family-oriented restaurants, bowling alleys, drug stores, discount stores, grocery stores and convenience stores, may employ persons who are less than eighteen years of age but at least sixteen years of age: Provided, That the person’s duties may not include the sale or delivery of nonintoxicating beer or alcoholic liquors: Provided, however, That the authorization to employ persons under the age of eighteen years shall be clearly indicated on the licensee’s license.

CHAPTER 60.  STATE CONTROL OF ALCOHOLIC LIQUORS.

ARTICLE 4. LICENSES.

§60-4-3a.  Distillery and mini-distillery license to manufacture and sell.

            (a) Sales of liquor. — An operator of a distillery or a mini-distillery may offer liquor for retail sale to customers from the distillery or the mini-distillery for consumption off premises only. Except for free complimentary samples offered pursuant to section one, article six of this chapter, customers are prohibited from consuming any liquor on the premises of the distillery or the mini-distillery: Provided, That a licensed distillery or mini-distillery may offer complimentary samples per this subsection of alcoholic liquors manufactured by that licensed distillery or mini-distillery for consumption on the premises only on Sundays beginning at ten o’clock a.m. in any county in which the same has been approved as provided for in section three-pp, article one, chapter seven of this code.

            (b) Retail sales. — Every licensed distillery or mini-distillery shall comply with the provisions of sections nine, eleven, thirteen, sixteen, seventeen, eighteen, nineteen, twenty-two, twenty-three, twenty-four, twenty-five and twenty-six, article three-a of this chapter and the provisions of articles three and four of this chapter applicable to liquor retailers and distillers.

(c) Payment of taxes and fees. — The distillery or mini-distillery shall pay all taxes and fees required of licensed retailers and meet applicable licensing provisions as required by this chapter and by rule of the commissioner, except for payments of the wholesale markup percentage and the handling fee provided by rule of the commissioner: Provided, That all liquor for sale to customers from the distillery or the mini-distillery for off-premises consumption shall be subject of a five percent wholesale markup fee and an 80 cents per case bailment fee to be paid to the commissioner: Provided, however, That no liquor sold by the distillery or mini-distillery shall be priced less than the price set by the commissioner pursuant to section seventeen, article three-a of this chapter.

(d) Payments to market zone retailers. — Each distillery or mini-distillery shall submit to the commissioner two percent of the gross sales price of each retail liquor sale for the value of all sales at the distillery or the mini-distillery each month. This collection shall be distributed by the commissioner, at least quarterly, to each market zone retailer located in the distillery or mini-distillery’s market zone, proportionate to each market zone retailer’s annual gross prior years pretax value sales. The maximum amount of market zone payments that a distillery or mini-distillery shall be required to submit to the commissioner is $15,000 per annum.

(e) Limitations on licensees. — No distillery or mini-distillery may sell more than three thousand gallons of product at the distillery or mini-distillery location the initial two years of licensure. The distillery or mini-distillery may increase sales at the distillery or mini-distillery location by two thousand gallons following the initial twenty-four-month period of licensure and may increase sales at the distillery or mini-distillery location each subsequent twenty-four-month period by two thousand gallons, not to exceed ten thousand gallons a year of total sales at the distillery or mini-distillery location. No licensed mini-distillery may produce more than fifty thousand gallons per calendar year at the mini-distillery location. No more than one distillery or mini-distillery license may be issued to a single person or entity and no person may hold both a distillery and a mini-distillery license.

§60-4-3b.  Winery and farm winery license to manufacture and sell.

            (a) Sales of wine. — An operator of a winery or farm winery may offer wine produced by the winery or farm winery for retail sale to customers from the winery or farm winery for consumption off the premises only. Except for free complimentary samples offered pursuant to section one, article six of this chapter, customers are prohibited from consuming any wine on the premises of the winery or farm winery, unless such winery or farm winery has obtained a multicapacity winery or farm winery license: Provided, That a licensed winery or farm winery may offer complimentary samples per this subsection of wine manufactured by that licensed winery or farm winery for consumption on the premises only on Sundays beginning at ten o’clock a.m. in any county in which the same has been approved as provided  in section three-pp, article one, chapter seven of this code.

            (b) Retail sales. — Every licensed winery or farm winery shall comply with the provisions of articles three, four and eight of this chapter as applicable to wine retailers, wineries and suppliers when properly licensed in such capacities.

(c) Payment of taxes and fees. — The winery or farm winery shall pay all taxes and fees required of licensed wine retailers and meet applicable licensing provisions as required by this chapter and by rule of the commissioner. Each winery or farm winery acting as its own supplier shall submit to the Tax Commissioner the liter tax for all sales at the winery or farm winery each month, as provided in article eight of this chapter.

(d) Advertising. — A winery or farm winery may advertise a particular brand or brands of wine produced by it, and the price of the wine subject to federal requirements or restrictions.

(e) Limitations on licensees. — A winery or farm winery must maintain separate winery or farm winery supplier, retailer and direct shipper licenses when acting in one or more of those capacities, and must pay all associated license fees, unless such winery or farm winery holds a license issued pursuant to the provisions of subdivision (12), subsection (b), section three, article eight of this chapter. A winery or farm winery, if holding the appropriate licenses or a multicapacity winery or farm winery license, may act as its own supplier; retailer for off-premises consumption of its wine as specified in section two, article six of this chapter; private wine restaurant; and direct shipper for wine produced by the winery or farm winery. All wineries must use a distributor to distribute and sell their wine in the state, except for farm wineries. No more than one winery or farm winery license may be issued to a single person or entity and no person may hold both a winery and a farm winery license.

ARTICLE 7.  LICENSES TO PRIVATE CLUBS.

§60-7-12.  Certain acts of licensee prohibited; criminal penalties.

            (a) It is unlawful for any licensee, or agent, employee or member thereof, on such licensee’s premises to:

(1) Sell or offer for sale any alcoholic liquors other than from the original package or container;

(2) Authorize or permit any disturbance of the peace; obscene, lewd, immoral or improper entertainment, conduct or practice, gambling or any slot machine, multiple coin console machine, multiple coin console slot machine or device in the nature of a slot machine;

(3) Sell, give away or permit the sale of, gift to or the procurement of any nonintoxicating beer, wine or alcoholic liquors for or to, or permit the consumption of nonintoxicating beer, wine or alcoholic liquors on the licensee’s premises, by any person less than twenty-one years of age;

(4) Sell, give away or permit the sale of, gift to or the procurement of any nonintoxicating beer, wine or alcoholic liquors, for or to any person known to be deemed legally incompetent, or for or to any person who is physically incapacitated due to consumption of nonintoxicating beer, wine or alcoholic liquor or the use of drugs;

(5) Sell, give or dispense nonintoxicating beer, wine or alcoholic liquors in or on any licensed premises or in any rooms directly connected therewith, between the hours of three o’clock a.m. and one o’clock p.m., or, between the hours of three o’clock a.m. and ten o’clock a.m. in any county upon approval as provided for in section three-pp, article one, chapter seven of this code, on any Sunday;

(6) Permit the consumption by, or serve to, on the licensed premises any nonintoxicating beer, wine or alcoholic liquors, covered by this article, to any person who is less than twenty-one years of age;

(7) With the intent to defraud, alter, change or misrepresent the quality, quantity or brand name of any alcoholic liquor;

(8) Sell or offer for sale any alcoholic liquor to any person who is not a duly elected or approved dues paying member in good standing of said private club or a guest of such member;

(9) Sell, offer for sale, give away, facilitate the use of or allow the use of carbon dioxide, cyclopropane, ethylene, helium or nitrous oxide for purposes of human consumption except as authorized by the commissioner;

(10) (A) Employ any person who is less than eighteen years of age in a position where the primary responsibility for such employment is to sell, furnish or give nonintoxicating beer, wine or alcoholic liquors to any person;

(B) Employ any person who is between the ages of eighteen and twenty-one who is not directly supervised by a person aged twenty-one or over in a position where the primary responsibility for such employment is to sell, furnish or give nonintoxicating beer, wine or alcoholic liquors to any person; or

(11) Violate any reasonable rule of the commissioner.

(b) It is unlawful for any licensee to advertise in any news media or other means, outside of the licensee’s premises, the fact that alcoholic liquors may be purchased thereat.

(c) Any person who violates any of the foregoing provisions is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000, or imprisoned in the county jail for a period not to exceed one year, or both fined and imprisoned.

ARTICLE 8.  SALE OF WINES.

§60-8-34.  When retail sales prohibited.

It shall be unlawful for a retailer, farm winery, wine specialty shop retailer, private wine bed and breakfast, private wine restaurant or private wine spa licensee, his or her servants, agents or employees to sell or deliver wine between the hours of two o’clock a.m. and one o’clock p.m., or, it shall be unlawful for a winery, farm winery, private wine bed and breakfast, private wine restaurant or private wine spa, his or her servants, agents or employees to sell wine between the hours of two o’clock a.m. and ten o’clock a.m. in any county upon approval as provided for in section three-pp, article one, chapter seven of this code, on Sundays, or between the hours of two o’clock a.m. and seven o’clock a.m. on weekdays and Saturdays.”

Delegate Marcum moved to amend the amendment on page one, by striking out the enacting section and inserting in lieu thereof, the following:

“That  the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §7-1-3pp; that §11-16-18 of said code be amended and reenacted;  that §20-2-5, §20-2-42g and §20-2-42h of said code be amended and reenacted; that §60-4-3a and §60-4-3b of said code be amended and reenacted; that §60-7-12 of said code be amended and reenacted; and that §60-8-34 of said code be amended and reenacted, all to read as follows:”

And,

            On page 8, line 147, following the period, by inserting a new section, to read as follows:

"CHAPTER 20. NATURAL RESOURCES

ARTICLE 2. WILDLIFE RESOURCES.

§20-2-5. Unlawful methods of hunting and fishing and other unlawful acts.

Except as authorized by the director or by law, it is unlawful at any time for any person to:

(1) Shoot at any wild bird or wild animal unless it is plainly visible;

(2) Dig out, cut out, smoke out, or in any manner take or attempt to take any live wild animal or wild bird out of its den or place of refuge;

(3) Use or attempt to use any artificial light or any night vision technology, including image intensification, thermal imaging or active illumination while hunting, locating, attracting, taking, trapping or killing any wild bird or wild animal: Provided, That it is lawful to hunt or take coyote, fox, raccoon, opossum or skunk by the use of artificial light or night vision technology.Any person violating this subdivision is guilty of a misdemeanor and, upon conviction thereof, shall for each offense be fined not less than $100 nor more than $500, and shall be confined in jail for not less than ten days nor more than one hundred days;

(4) Hunt, take, kill, wound or shoot at wild animals or wild birds from an airplane or other airborne conveyance, a drone or other unmanned aircraft, an automobile or other land conveyance, or from a motor-driven water conveyance;

(5) Use a drone or other unmanned aircraft to hunt, take or kill a wild bird or wild animal, or to use a drone or other unmanned aircraft to drive or herd any wild bird or wild animal for the purposes of hunting, trapping or killing;

(6) Take any beaver or muskrat by any means other than a trap;

(7) Catch, capture, take, hunt or kill by seine, net, bait, trap or snare or like device a bear, wild turkey, ruffed grouse, pheasant or quail;

(8) Intentionally destroy or attempt to destroy the nest or eggs of any wild bird or have in his or her possession the nest or eggs;

(9) Carry an uncased or loaded firearm in the woods of this state with the following permissible exceptions:

(A) A person in possession of a valid license or permit during open firearms hunting season for wild animals and nonmigratory wild birds;

(B) A person hunting or taking unprotected species of wild animals, wild birds and migratory wild birds during the open season, in the open fields, open water and open marshes of the state;

(C) A person carrying a firearm pursuant to sections six and six-a of this article; or

(D) A person carrying a firearm for self defense who is not prohibited from possessing firearms by section seven, article seven, chapter sixty-one of this code;

(10) Have in his or her possession a crossbow with a nocked bolt, or a rifle or shotgun with cartridges that have not been removed or a magazine that has not been detached, in or on any vehicle or conveyance, or its attachments,. For the purposes of this section, a rifle or shotgun whose magazine readily detaches is considered unloaded if the magazine is detached and no cartridges remain in the rifle or shotgun itself. Except that between five o'clock post meridian of day one and seven o'clock ante meridian, Eastern Standard Time, of the following day, any unloaded firearm or crossbow may be carried only when in a case or taken apart and securely wrapped. During the period from July 1 to September 30, inclusive, of each year, the requirements relative to carrying unloaded firearms are permissible only from eight-thirty o'clock post meridian to five o'clock ante meridian, Eastern Standard Time: Provided, That the time periods for carrying unloaded and uncased firearms are extended for one hour after the post meridian times and one hour before the ante meridian times established in this subdivision, if a person is transporting or transferring the firearms to or from a hunting site, campsite, home or other abode;

(11) Hunt, catch, take, kill, trap, injure or pursue with firearms or other implement by which wildlife may be taken after the hour of five o'clock ante meridian on Sunday on private land without the written consent of the landowner. any wild animals or wild birds except when a big game season opens on a Monday, the Sunday prior to that opening day will be closed for any taking of wild animals or birds after five o'clock ante meridian on that Sunday: Provided, That traps previously and legally set may be tended after the hour of five o'clock ante meridian on Sunday and the person tending the traps may carry firearms for the purpose of humanely dispatching trapped animals. Any person violating this subdivision is guilty of a misdemeanor and, upon conviction thereof, in addition to any fines that may be imposed by this or other sections of this code, is subject to a $100 fine;

(12) Hunt, catch, take, kill, injure or pursue a wild animal or wild bird with the use of a ferret;

(13) Buy raw furs, pelts or skins of fur-bearing animals unless licensed to do so;

(14) Catch, take, kill or attempt to catch, take or kill any fish by any means other than by rod, line and hooks with natural or artificial lures: Provided, That snaring of any species of suckers, carp, fallfish and creek chubs is lawful;

(15) Employ, hire, induce or persuade, with money, things of value or by any means, any person to hunt, take, catch or kill any wild animal or wild bird except those species in which there is no closed season; or to fish for, catch, take or kill any fish, amphibian or aquatic life that is protected by rule, or the sale of which is otherwise prohibited;

(16) Hunt, catch, take, kill, capture, pursue, transport, possess or use any migratory game or nongame birds except as permitted by the Migratory Bird Treaty Act, 16 U. S. C. §703, et seq., and its regulations;

(17) Kill, take, catch, sell, transport or have in his or her possession, living or dead, any wild bird other than a game bird including the plumage, skin or body of any protected bird, irrespective of whether the bird was captured in or out of this state, except the English or European sparrow (Passer domesticus), starling (Sturnus vulgaris) and cowbird (Molothrus ater), which may be killed at any time;

(18) Use dynamite, explosives or any poison in any waters of the state for the purpose of killing or taking fish. Any person violating this subdivision is guilty of a felony and, upon conviction thereof, shall be fined not more than $500 or imprisoned for not less than six months nor more than three years, or both fined and imprisoned;

(19) Have a bow and gun, or have a gun and any arrow, in the fields or woods at the same time;

(20) Have a crossbow in the woods or fields, or use a crossbow to hunt for, take or attempt to take any wildlife except as otherwise provided in sections five-g and forty-two-w of this article;

(21) Take or attempt to take turkey, bear, elk or deer with any arrow unless the arrow is equipped with a point having at least two sharp cutting edges measuring in excess of three fourths of an inch wide;

(22) Take or attempt to take any wildlife with an arrow having an explosive head or shaft, a poisoned arrow or an arrow which would affect wildlife by any chemical action;

(23) Shoot an arrow across any public highway;

(24) Permit any dog owned or under his or her control to chase, pursue or follow the tracks of any wild animal or wild bird, day or night, between May 1 and August 15: Provided, That dogs may be trained on wild animals and wild birds, except deer and wild turkeys, and field trials may be held or conducted on the grounds or lands of the owner, or by his or her bona fide tenant, or upon the grounds or lands of another person with his or her written permission, or on public lands at any time. Nonresidents may not train dogs in this state at any time except during the legal small game hunting season. A person training dogs may not have firearms or other implements in his or her possession during the closed season on wild animals and wild birds;

(25) Conduct or participate in a trial, including a field trial, shoot-to-retrieve field trial, water race or wild hunt: Provided, That any person, group of persons, club or organization may hold a trial upon obtaining a permit pursuant to section fifty-six of this article. The person responsible for obtaining the permit shall prepare and keep an accurate record of the names and addresses of all persons participating in the trial and make the records readily available for inspection by any natural resources police officer upon request;

(26) Hunt, catch, take, kill or attempt to hunt, catch, take or kill any wild animal, wild bird or wild fowl except during open seasons;

(27) Hunting on public lands on Sunday after five o'clock ante meridian is prohibited;

(28) Hunt, catch, take, kill, trap, injure or pursue with firearms or other implement which wildlife can be taken, on private lands on Sunday after the hour of five o'clock ante meridian: Provided, That the provisions of this subdivision do not apply in any county until the county commission of the county holds an election on the question of whether the provisions of this subdivision prohibiting hunting on Sunday shall apply within the county and the voters approve the allowance of hunting on Sunday in the county. The election is determined by a vote of the resident voters of the county in which the hunting on Sunday is proposed to be authorized. The county commission of the county in which Sunday hunting is proposed shall give notice to the public of the election by publication of the notice as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for the publication is the county in which the election is to be held. The date of the last publication of the notice shall fall on a date within the period of the fourteen consecutive days next preceding the election.

On the local option election ballot shall be printed the following:

Shall hunting on Sunday be authorized on private lands only with the consent of the land owner in ________ County?

[ ] Yes

[ ] No

(Place a cross mark in the square opposite your choice.)

Any local option election to approve or disapprove of the proposed authorization of Sunday hunting within a county shall be in accordance with procedures adopted by the commission. The local option election may be held in conjunction with a primary or general election or at a special election. Approval shall be by a majority of the voters casting votes on the question of approval or disapproval of Sunday hunting at the election.

If a majority votes against allowing Sunday hunting, an election on the issue may not be held for a period of one hundred four weeks. If a majority votes "yes", an election reconsidering the action may not be held for a period of five years. A local option election may thereafter be held if a written petition of qualified voters residing within the county equal to at least five percent of the number of persons who were registered to vote in the next preceding general election is received by the county commission of the county in which Sunday hunting is authorized. The petition may be in any number of counterparts. The election shall take place at the next primary or general election scheduled more than ninety days following receipt by the county commission of the petition required by this subsection: Provided, That the issue may not be placed on the ballot until all statutory notice requirements have been met. No local law or regulation providing any penalty, disability, restriction, regulation or prohibition of Sunday hunting may be enacted and the provisions of this article preempt all regulations, rules, ordinances and laws of any county or municipality in conflict with this subdivision.

Amendments to this subdivision promulgated during the 2015 regular session of the Legislature shall have no effect upon the results of elections held prior to their enactment; and

(29)  (28) Hunt or conduct hunts for a fee when the person is not physically present in the same location as the wildlife being hunted within West Virginia.

§20-2-42g. Class H nonresident small game hunting license.

A Class H license is a nonresident small game hunting license and entitles the licensee to hunt small game in all counties of the state, except as prohibited by rules of the Director or Natural Resources Commission and except when additional licenses, stamps or permits are required, for a period of six consecutive hunting days chosen by the licensee. excluding Sunday in counties closed to Sunday hunting. The fee for the license is $25. This is a base license and does not require the purchase of a prerequisite license to participate in the activities specified in this section, except as noted.

 §20-2-42h. Class J nonresident small game shooting preserve license.

A Class J license is a nonresident small game shooting preserve license and entitles the licensee to hunt small game on designated shooting preserves, except as prohibited by rules of the Director or Natural Resources Commission and except when additional licenses, stamps or permits are required, for a period of six consecutive hunting days chosen by the licensee. excluding Sunday in counties closed to Sunday hunting. The fee for the license is $10. This is a base license and does not require the purchase of a prerequisite license to participate in the activities specified in this section, except as noted.”

Delegate Cowles arose to a point of order as to the germaneness of the amendment offered by Delegate Marcum.

To the point of order the Speaker replied, stating that the purpose of the amendment was not germane to the fundamental purpose of the bill.

            On the adoption of the amendment recommended by the Committee on the Judiciary, the yeas and nays were demanded, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 479), and there were--yeas 58, nays 38, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Bates, Blair, Cadle, Campbell, Caputo, Ellington, Ferro, Fleischauer, Fluharty, Guthrie, Hamilton, Hartman, Hicks, Hornbuckle, Ihle, Longstreth, Lynch, Manchin, McGeehan, Miley, Moffatt, Moore, Moye, Perdue, Perry, Pethtel, R. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Shaffer, Skinner, Sponaugle, Trecost, Wagner, Westfall and B. White.

Absent and Not Voting: Blackwell, Deem, Kelly and Storch.

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

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

            Com. Sub. for S. B. 339, Establishing Judicial Compensation Commission; 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 amending the bill on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

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

ARTICLE 2A. JUDICIAL COMPENSATION COMMISSION.

§4-2A-1. Judicial Compensation Commission established; membership.

(a) The Judicial Compensation Commission is hereby established as an advisory commission to the West Virginia Legislature. The commission shall be responsible for studying the compensation structure for justices of the Supreme Court of Appeals, circuit court judges, family court judges, magistrates and any other judicial officer subject to election and which office requires the judge to hold a professional license to serve in that position. The commission shall also be responsible for determining and making recommendation as to the adequate compensation for those positions to ensure that highly qualified persons will be attracted to serve on the bench.

(b)The commission shall be comprised of the following five members:

(1) The Dean of the West Virginia University College of Law;

(2) Two individuals appointed by the President of the Senate; and

(3) Two individuals appointed by the Speaker of the House of Delegates.

(c) Any person appointed to serve on the commission pursuant to subdivisions (2) and (3), subsection (b) of this section shall serve for four years: Provided, That no public employee, elected public official, person receiving a pension from the State of West Virginia, member of the West Virginia State Bar or officer of a state or county political party executive committee established pursuant to W.Va. Code §3-1-9 may be appointed pursuant to subdivision (2) or (3) subsection (b) of this section to serve on the commission. The initial appointments to the commission shall be made by July 1, 2016.  Upon expiration of any term, the person previously appointed shall continue to serve until his or her successor is duly appointed and qualified to serve on the commission.

(d) A member of the commission is not eligible for appointment to a state judicial position as long as he or she is serving as a member of the commission.

(e) The members of the commission shall serve without compensation but shall be reimbursed by the Joint Committee on Government and Finance for reasonable expenses incurred in carrying out the responsibilities of the commission. Commission members shall be reimbursed at the same rate established for public employees.

(f) In the event of a vacancy on the commission, the unexpired term shall be filled in the same manner used to make the original appointment within sixty days of the vacancy.

 

§4-2A-2. Commission meetings; where held; how conducted.

(a) The commission shall meet in Charleston, West Virginia, at the place and time designated by the chairperson with at least ten days’ written notice to the members of the commission.

(b) The commission shall meet at the call of the chairperson or at the request of a majority of the members.

(c) For purposes of calling the first meeting, the Dean of the West Virginia University College of Law shall serve as the initial chairperson. At its first meeting, the members of the commission will select a chairperson. In the event that the member selected to serve as chairperson ceases to be a member of the commission, the Dean of West Virginia University College of Law shall serve as the chairperson for purposes of calling the next meeting.

(d) A majority of the commission members shall constitute a quorum.

(e) The commission shall meet as often as is necessary to conduct a thorough review of judicial compensation and prepare the report and recommendations provided for in section three of this article.

(f) In furtherance of its duties, the commission may request staff assistance from the Joint Committee on Government and Finance. The Commission may additionally seek assistance and information from the administrative office of the Supreme Court of Appeals as may be necessary in the collection of data and research.

(g) All meetings of the commission and all business conducted by the commission shall be subject to the open meetings provisions of article nine-a, chapter six of this code.

§4-2A-3. Judicial Compensation Commission reports and recommendations; legislative action.

(a) During any time it is convened, the commission shall study the compensation structure for justices of the Supreme Court of Appeals, circuit court judges, family court judges, magistrates and any other judicial officer subject to election and which office requires the judge to hold a professional license to serve in that position for purposes of making a recommendation concerning appropriate compensation for those judicial officers.

(b) In recommending the appropriate salaries of the state’s judicial officers, the commission shall consider the following factors:

(1) The skill and experience required of the particular judgeship at issue;

(2) The value of comparable service performed by justices and judges, as determined by reference to judicial compensation in other states and in the federal government;

(3) The value of comparable service performed in the private sector including, but not limited to, private judging, arbitration, and mediation;

(4) The compensation of attorneys in the private sector;

(5) The cost of living;

(6) The compensation presently received by other public officials in the state;

(7) The level of overall compensation adequate to attract the most highly qualified individuals in the state, from a diversity of life and professional experiences, to serve the judiciary without unreasonable hardship and with judicial independence unaffected by financial concerns; and

(8) Any other information the commission may find relevant in its mission to determine the appropriate compensation for the state’s judicial officers.

(c) The commission shall prepare and submit its first report containing its recommendations no later than September 1, 2017. The commission shall then prepare and submit subsequent reports on or before September 1 of each year thereafter, except during those years that the commission is adjourned pursuant to the provisions of subsection (f) of this section.

(d) The commission shall send a copy of its recommendations to the Governor, the Joint Committee on Government and Finance, the Chief Justice of the Supreme Court of Appeals and the Administrative Director of the Supreme Court of Appeals.

(e) In the immediate legislative session following the year in which a recommendation is received from the commission, a bill adopting the salary recommendations made by the commission shall be introduced by the presiding officer in both the Senate and the House of Delegates: Provided, That such bill shall be introduced no later than the twentieth day of the regular legislative session.

(f) The commission shall continue to meet and prepare updated recommendations, and a bill adopting the salary recommendations shall continue to be introduced in accordance with the following schedule:

(1) If the bill introduced pursuant to subsection (e) of this section is enacted adopting the complete recommendations of the commission, the commission shall then be adjourned for three years from the effective date of the increase.

(2) If the bill introduced pursuant to subsection (e) of this section is not enacted or, if that bill is enacted, but adopts salaries less than those which were recommended by the commission, the commission shall continue to meet annually to prepare updated recommendations to provide to the parties identified in subsection (d) of this section.

            On motion of Delegates Shott and E Nelson amendment  was amended page four, section three, line thirty-one, following the word “commission”, by striking out the word “shall” and inserting in lieu thereof the word “may”.

On page four, section three, line thirty-two, following the word “Delegates”, by inserting a period and striking out the remainder of the subsection.

And,

On page four, section three, line thirty-four, following the words “updated recommendations”, by striking out the comma and the words “and a bill adopting the salary recommendations shall continue to be introduced”.

The amendment, as amended, was then adopted.

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

            S. B. 345, Relating to parking on state-owned or leased property; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page three, section three-a, line forty-three, after the words “Garage Fund”, by inserting the words “created in the former section five, article four of this chapter”.

The bill was then ordered to third reading.

            Com. Sub. for S. B. 361, Prohibiting persons who have committed crimes against elderly from performing community service involving elderly; on second reading, coming up in regular order, was read a second time.

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

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

ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-10a. Violent crimes against the elderly; sentence not subject to suspension or probation.

If any person be convicted and sentenced for an offense defined under the provisions of section nine or ten of this article, and if the person shall have committed such offense against a person who is sixty-five years of age or older, then the sentence shall be mandatory and shall not be subject to suspension or probation: Provided, That the court may, in its discretion, suspend the sentence and order probation to any person so convicted upon condition that such person perform public service for a period of time deemed appropriate by the court: which service shall Provided, however, That the public service may not be rendered in or about facilities or programs providing care or services for the elderly: Provided however further, That the court may apply the provisions of article eleven-a, chapter sixty-two of this code to a person committed to a term of one year or less.

(b) The existence of any fact which would make any person ineligible for probation under subsection (a) of this section because of the commission or attempted commission of a felony against a victim sixty-five years of age or older shall not be applicable unless such fact is: (i) Found by the court upon a plea of guilty or nolo contendere; or (ii) found by the jury, if the matter is tried before a jury; or (iii) found by the court, if the matter is tried by the court, without a jury.”

The bill was then ordered to third reading.

            Com. Sub. for S. B. 378, Relating to truancy intervention; on second reading, coming up in regular order, was reported by the Clerk.

            At the request of Delegate Shott, and by unanimous consent, the bill was advanced to third reading with an amendment pending and restricted right to amend by Delegates Shott and Perdue, individually, and the rule was suspended to permit the consideration of the amendment on that reading.

            S. B. 431, Authorizing pharmacists and pharmacy interns dispense opioid antagonists; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Health and Human Resources, was reported by the Clerk and adopted, amending the bill on page four, section six, line five, after the word “health”, by inserting a comma and adding the words “Joint Committee on Health”.

And

On page five, section six, line thirty-four, after the words “accountability”, by inserting a comma and adding “Joint Committee on Health”.

The bill was then ordered to third reading.

            S. B. 454, Licensing and regulating medication-assisted treatment programs for substance use disorders; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Health and Human Resources, was reported by the Clerk and adopted, amending the bill on page  seventeen, by inserting a new subsection, “cc” to read as follows:

“(cc) “Telehealth" means the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patient's health care while the patient is at the originating site and the health care provider is at a distant site.”

And re-lettering the remaining the subsections.

On page twenty-eight, line one hundred eighteen, after the word, “plans”, by inserting the words “or treatment strategies”.

On page twenty-nine, line one hundred fifty-five after the semicolon, by removing, “and” and the semicolon.

On page thirty, line one hundred sixty-four, by removing the period inserting a semicolon and the following: “and, (7) The medication-assisted treatment program shall have a drug testing program to ensure a patient is in compliance with the treatment strategy."

On page thirty, line one hundred seventy, by inserting the following:

“(p) If a physician treats a patient with more than sixteen milligrams per day of buprenorphine then clear medical notes shall be placed in the patient’s medical file indicating the clinical reason or reasons for the higher level of dosage. 

(q) If a physician is not the patient’s obstetrical or gynecological provider, the physician shall consult with the patient’s obstetrical or gynecological provider to the extent possible to determine whether the prescription is appropriate for the patient.

(r) A practitioner providing medication-assisted treatment may perform certain aspects telehealth if permitted under his or her scope of practice.

(s) The physician shall follow the recommended manufacturer’s tapering schedule for the medication assisted treatment medication.  If the schedule is not followed, the physician shall document in the patient’s medical record and the clinical reason why the schedule was not followed.  The secretary may investigate a medication-assisted treatment program if a high percentage of its patients are not following the recommended tapering schedule.”;

On page thirty-four, line ten, by striking out the word “shall” and inserting the word, “may”.

On page forty-one, line thirty-eight, after the period by inserting the following:

(e) The Board of Pharmacy shall notify a physician prescribing buprenorphine or buprenorphine/naloxone within sixty days of the availability of the an abuse deterrent form of buprenorphine or buprenorphine/naloxone is approved by the Food and Drug Administration as provided in FDA Guidance to Industry.  Upon receipt of the notice, a physician may switch their patients using buprenorphine or buprenorphine/naloxone to the abuse deterrent form of the drug.

And,

On page fifty, line twelve, after the period by inserting the following:

There is created within the Office of the Secretary of the Department of Health and Human Resources the Grant Writer Pilot Project.  The Secretary shall hire a person as a grant writer, who shall be placed within the Office of the Secretary.  This person shall identify, application and monitoring policies and procedures to increase grant applications and improve management and oversight of grants. The grant writer shall focus his or her abilities on obtaining grants concerning the prevention and treatment of substance abuse. The grant writer is not eligible for civil service.  The department shall report to the Legislative Oversight Commission on Health and Human Resources Accountability on the implementation of the new grant policy; the number of grants obtained; and an analysis examining the costs associated with obtaining a grant verses the federal money received.”

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 504, Relating to confidentiality of juvenile records; 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 one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

“That §49-5-101 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §62-6B-2 of said code be amended and reenacted; and that said code be amended by adding thereto a new section, designated §62-6B-6, all to read as follows:

chapter 49. child welfare.

ARTICLE 5. RECORDKEEPING AND DATABASE.

§49-5-101. Confidentiality of records; nonrelease of records; exceptions; penalties.

(a) Except as otherwise provided in this chapter or by order of the court, all records and information concerning a child or juvenile which are maintained by the Division of Juvenile Services, the Department of Health and Human Resources, a child agency or facility, court or law-enforcement agency is confidential and shall not be released or disclosed to anyone, including any federal or state agency.

(b) Notwithstanding the provisions of subsection (a) of this section or any other provision of this code to the contrary, records concerning a child or juvenile, except adoption records and records disclosing the identity of a person making a complaint of child abuse or neglect may be made available:

(1) Where otherwise authorized by this chapter;

(2) To:

(A) The child;

(B) A parent whose parental rights have not been terminated; or

(C) The attorney of the child or parent;

(3) With the written consent of the child or of someone authorized to act on the child's behalf; or

(4) Pursuant to an order of a court of record. However, the court shall review the record or records for relevancy and materiality to the issues in the proceeding and safety, and may issue an order to limit the examination and use of the records or any part thereof.

(c) In addition to those persons or entities to whom information may be disclosed under subsection (b) of this section, information related to child abuse or neglect proceedings, except information relating to the identity of the person reporting or making a complaint of child abuse or neglect, shall be made available, upon request, to:

(1) Federal, state or local government entities, or any agent of those entities, including law-enforcement agencies and prosecuting attorneys, having a need for that information in order to carry out its responsibilities under law to protect children from abuse and neglect;

(2) The child fatality review team;

(3) Child abuse citizen review panels;

(4) Multidisciplinary investigative and treatment teams; or

(5) A grand jury, circuit court or family court, upon a finding that information in the records is necessary for the determination of an issue before the grand jury, circuit court or family court.

(d) In the event of a child fatality or near fatality due to child abuse and neglect, information relating to a fatality or near fatality shall be made public by the Department of Health and Human Resources and to the entities described in subsection (c) of this section, all under the circumstances described in that subsection. However, information released by the Department of Health and Human Resources pursuant to this subsection may not include the identity of a person reporting or making a complaint of child abuse or neglect. For purposes of this subsection, Anear fatality@ means any medical condition of the child which is certified by the attending physician to be life threatening.

(e) Except in juvenile proceedings which are transferred to criminal proceedings, law-enforcement records and files concerning a child or juvenile shall be kept separate from the records and files of adults and not included within the court files. Law-enforcement records and files concerning a child or juvenile shall only be open to inspection pursuant to section one hundred three of this article.

(f) Any person who willfully violates this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000, or confined in jail for not more than six months, or both fined and confined. A person convicted of violating this section is also liable for damages in the amount of $300 or actual damages, whichever is greater.

(g) Notwithstanding the provisions of this section, or any other provision of this code to the contrary, the name and identity of any juvenile adjudicated or convicted of a violent or felonious crime shall be made available to the public;

(h)(1) Notwithstanding the provisions of this section, or any other provision of this code to the contrary, the Division of Juvenile Services may provide access to and the confidential use of a treatment plan, court records or other records of a juvenile to an agency in another state which:

(A) Performs the same functions in that state that are performed by the Division of Juvenile Services in this state;

(B) Has a reciprocal agreement with this state; and

(C) Has legal custody of the juvenile.

(2) A record which is shared under this subsection may only provide information which is relevant to the supervision, care, custody and treatment of the juvenile.

(3) The Division of Juvenile Services is authorized to enter into reciprocal agreements with other states and to propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code to implement this subsection.

(4) Other than the authorization explicitly given in this subsection, this subsection may not be construed to enlarge or restrict access to juvenile records as provided elsewhere in this code.

(i) The records subject to disclosure pursuant to subsection (b) of this section shall not include a recorded/videotaped interview, as defined in subdivision (6), section two, article six-b, chapter sixty-two of this code, the disclosure of which is exclusively subject to the provisions of section six of said article.

chapter 62. criminal procedure.

article 6b. protection and preservation of statements and testimony of child witness.   

§62-6B-2. Definitions.

For the purposes of this article, the words or terms defined in this section, and any variation of those words or terms required by the context, have the meanings ascribed to them in this section. These definitions are applicable unless a different meaning clearly appears from the context.

(1) AChild witness@ means a person under the age of sixteen years of age who is or will be called to testify in a criminal matter concerning an alleged violation of the provisions of sections three, four, five and seven, article eight-b, chapter sixty-one of this code in which the child is the alleged victim.

(2) ALive, closed-circuit television@ means a simultaneous transmission, by closed-circuit television or other electronic means, between the courtroom and the testimonial room.

(3) AOperator@ means the individual authorized by the court to operate the closed-circuit television equipment used in accordance with the provisions of this article.

(4) ATestimonial room@ means a room within the courthouse other than the courtroom from which the testimony of a child witness or the defendant is transmitted to the courtroom by means of live, closed-circuit television.

 (5)  “Interviewed child” shall mean any person under the age of eighteen who has been interviewed by means of any type of recording equipment in connection with alleged criminal behavior or allegations of abuse or neglect of any child under the age of eighteen.

(6)  “Recorded interview” means any electronic recording of the interview, and any transcript thereof, of an interviewed child conducted by:  (1) An employee or representative of a child advocacy center as that term is defined in section one hundred one, article three, chapter forty-nine of this code; (2) any psychologist, psychiatrist, physician, nurse, social worker or other person appointed by the court to interview the interviewed child as provided in subsection (c), section three of this article; or (3) a child protective services worker, law-enforcement officer, prosecuting attorney or any representative of his or her office, or any other person investigating allegations of criminal behavior or behavior alleged to constitute abuse or neglect of a child. 

§62-6B-6. CONFIDENTIALITY OF RECORDED INTERVIEWS OF CHILDREN.

(a) Except as provided by the provisions of this article, recorded interviews of an interviewed child in any judicial or administrative proceeding shall not be published or duplicated except pursuant to the terms of an order of a court of competent jurisdiction. All written documentation in any form that is related to the recorded interview shall also be deemed confidential.

 (b) Prior to the commencement of formal proceedings as contemplated in subsection (a) of this section, the persons or agencies listed in subdivision (6),section two of this article, shall be entitled to  access to or copies of the recorded interview of an interviewed child: Provided, That such persons or agencies may provide access to the recorded interview of a child to a legal parent, guardian or custodian of such child when (1) such parent, guardian or custodian is not alleged to have been involved or engaged in conduct that may give rise to a judicial or administrative proceeding, and (2) it would not undermine or frustrate an ongoing investigation:  Provided, however, That prior to the commencement of formal proceedings only psychologists, psychiatrists, physicians, nurses and social workers who are providing services to the interviewed child may be afforded reasonable access to the recorded interview. 

(c) The Supreme Court of Appeals is requested to promulgate a rule or rules regulating in the courts of this state the publication and duplication of recorded interviews, including use, duplication and publication by counsel, and to include in any such rule, limitations upon the publication, duplication, distribution or use of the recorded statements of a child. 

(d) Any person who knowingly and willfully duplicates or publishes a recorded interview in violation of the terms of an order entered by a court of competent jurisdiction or in violation of the provisions of subsection (b) of this section shall be guilty of a misdemeanor and, upon conviction, shall be confined in jail for not less than ten days nor more than one year or fined not less than $2,000 nor more than $10,000, or both fined and confined.”

The bill was then ordered to third reading.

            Com. Sub. for S. B. 517, Clarifying PEIA plans that are exempt from regulation by Insurance Commissioner; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            S. B. 563, Increasing retirement benefit multiplier for WV Emergency Medical Services Retirement System members; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 567, Providing protection against property crimes committed against coal mines, railroads, utilities and other industrial facilities; 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 twenty-nine, line thirty-five, by striking out subsection (e) in its entirety, and inserting in lieu thereof a new subsection (e) to read as follows:

            “(e) For purposes of restitution under article eleven-a of this article, a railroad company, public utility, business, or owner of property that is damaged, destroyed or disrupted may be deemed a victim and entitled to restitution, should the Court so order,  from any person convicted of an offense under this section.”

            The bill was then ordered to third reading.

            S. B. 588, Repealing certain obsolete legislative rules by Department of Transportation; 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 on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

“That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §64-8-4, to read as follows:

ARTICLE 8. AUTHORIZATION FOR DEPARTMENT OF TRANSPORTATION TO PROMULGATE LEGISLATIVE RULES.

§64-8-4. Division of Motor Vehicles.

(a) The legislative rule effective on January 1, 1964, authorized under the authority of section twelve, article two, chapter seventeen-a of this code, relating to the Division of Motor Vehicles (rules and regulations, 91 CSR 2), is repealed.

(b) The legislative rule effective on October 24, 1971, authorized under the authority of section nine, article two, chapter seventeen-a of this code, relating to the Division of Motor Vehicles (special permits, 91 CSR 7), is repealed.

(c) The legislative rule effective on May 4, 1984, authorized under the authority of section three, article five-a, chapter seventeen-c of this code, relating to the Division of Motor Vehicles (safety and treatment program, 91 CSR 15), is repealed.

(d) The procedural rule effective on July 9, 1984, authorized under the authority of section nine, article two, chapter seventeen-a of this code, relating to the Division of Motor Vehicles (dealer and financial institution applicant or licensee administrative hearings, 91 CSR 17), is repealed.

 (e) The legislative rule effective on June 12, 1987, authorized under the authority of section nine, article two, chapter seventeen-a of this code, relating to the Division of Motor Vehicles (seizure of driver’s license, issuance of the temporary driver’s license, 91 CSR 20), is repealed.

(f) The legislative rule effective on June 12, 1987, authorized under the authority of section nine, article two, chapter seventeen-a of this code, relating to the Division of Motor Vehicles (Federal Safety Standards Inspection Program, 91 CSR 21), is repealed.

(g) The interpretive rule effective on September 23, 1988, authorized under the authority of section nine, article two, chapter seventeen-a, relating to the Division of Motor Vehicles (dealer issuance of temporary registration plates, 91 CSR 18), is repealed.

The bill was then ordered to third reading.

            Com. Sub. for S. B. 601, Relating to exception from jurisdiction of PSC for materials recovery facilities or mixed waste processing facilities; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk on page one, immediately following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:

“That §22-15-2 and §22-15-10 of the Code of West Virginia, 1931, as amended and to amend said code by adding thereto a new section, designated §24-2-1L, to read as follows:

CHAPTER 22. ENVIRONMENTAL RESOURCES.

ARTICLE 15. SOLID WASTE MANAGEMENT ACT.

§ 22-15-2. Definitions

Unless the context clearly requires a different meaning, as used in this article the terms:

(1) "Agronomic rate" means the whole sewage sludge application rate, by dry weight, designed:

(A) To provide the amount of nitrogen needed by the food crop, feed crop, fiber crop, cover crop or vegetation on the land; and

(B) To minimize the amount of nitrogen in the sewage sludge that passes below the root zone of the crop or vegetation grown on the land to the groundwater.

(2) "Applicant" means the person applying for a commercial solid waste facility permit or similar renewal permit and any person related to such person by virtue of common ownership, common management or family relationships as the director may specify, including the following: Spouses, parents and children and siblings.

(3) "Approved solid waste facility" means a solid waste facility or practice which has a valid permit under this article.

(4) "Back hauling" means the practice of using the same container to transport solid waste and to transport any substance or material used as food by humans, animals raised for human consumption or reusable item which may be refilled with any substance or material used as food by humans.

(5) "Bulking agent" means any material mixed and composted with sewage sludge.

(6) "Class A facility" means a commercial solid waste facility which handles an aggregate of between ten thousand and thirty thousand tons of solid waste per month. Class A facility includes two or more Class B solid waste landfills owned or operated by the same person in the same county, if the aggregate tons of solid waste handled per month by such landfills exceeds nine thousand nine hundred ninety-nine tons of solid waste per month.

(7) "Commercial recycler" means any person, corporation or business entity whose operation involves the mechanical separation of materials for the purpose of reselling or recycling at least seventy percent by weight of the materials coming into the commercial recycling facility.

(8) "Commercial solid waste facility" means any solid waste facility which accepts solid waste generated by sources other than the owner or operator of the facility and does not include an approved solid waste facility owned and operated by a person for the sole purpose of the disposal, processing or composting of solid wastes created by that person or such person and other persons on a cost-sharing or nonprofit basis and does not include land upon which reused or recycled materials are legitimately applied for structural fill, road base, mine reclamation and similar applications.

(9) "Compost" means a humus-like material resulting from aerobic, microbial, thermophilic decomposition of organic materials.

(10) "Composting" means the aerobic, microbial, thermophilic decomposition of natural constituents of solid waste to produce a stable, humus-like material.

(11) "Commercial composting facility" means any solid waste facility processing solid waste by composting, including sludge composting, organic waste or yard waste composting, but does not include a composting facility owned and operated by a person for the sole purpose of composting waste created by that person or such person and other persons on a cost-sharing or nonprofit basis and shall not include land upon which finished or matured compost is applied for use as a soil amendment or conditioner.

(12) "Cured compost" or "finished compost" means compost which has a very low microbial or decomposition rate which will not reheat or cause odors when put into storage and that has been put through a separate aerated curing cycle stage of thirty to sixty days after an initial composting cycle or compost which meets all regulatory requirements after the initial composting cycle.

(13) "Department" means the Department of Environmental Protection.

(14) "Energy recovery incinerator" means any solid waste facility at which solid wastes are incinerated with the intention of using the resulting energy for the generation of steam, electricity or any other use not specified herein.

(15) "Incineration technologies" means any technology that uses controlled flame combustion to thermally break down solid waste, including refuse-derived fuel, to an ash residue that contains little or no combustible materials, regardless of whether the purpose is processing, disposal, electric or steam generation or any other method by which solid waste is incinerated.

(16) "Incinerator" means an enclosed device using controlled flame combustion to thermally break down solid waste, including refuse-derived fuel, to an ash residue that contains little or no combustible materials.

(17) "Landfill" means any solid waste facility for the disposal of solid waste on or in the land for the purpose of permanent disposal. Such facility is situated, for purposes of this article, in the county where the majority of the spatial area of such facility is located.

(18) "Materials recovery facility" means any solid waste facility at which source-separated materials or materials recovered through a mixed waste processing facility are manually or mechanically shredded or separated for purposes of reuse and recycling, but does not include a composting facility.

(19) "Mature compost" means compost which has been produced in an aerobic, microbial, thermophilic manner and does not exhibit phytotoxic effects.

(20) "Mixed solid waste" means solid waste from which materials sought to be reused or recycled have not been source-separated from general solid waste.

(21) "Mixed waste processing facility" means any solid waste facility at which materials are recovered from mixed solid waste through manual or mechanical means for purposes of reuse, recycling or composting.

(22) "Municipal solid waste incineration" means the burning of any solid waste collected by any municipal or residential solid waste disposal company.

(23) “Oil and natural gas solid waste” means waste associated with the exploration, development, production, storage or recovery of crude oil and natural gas, including drilling fluids and produced waters.

(24)(23) "Open dump" means any solid waste disposal which does not have a permit under this article, or is in violation of state law, or where solid waste is disposed in a manner that does not protect the environment.

(25)(24) "Person" or "persons" means any industrial user, public or private corporation, institution, association, firm or company organized or existing under the laws of this or any other state or country; State of West Virginia; governmental agency, including federal facilities; political subdivision; county commission; municipal corporation; industry; sanitary district; public service district; drainage district; soil conservation district; watershed improvement district; partnership; trust; estate; person or individual; group of persons or individuals acting individually or as a group; or any legal entity whatever.

(26)(25) "Publicly owned treatment works" means any treatment works owned by the state or any political subdivision thereof, any municipality or any other public entity which processes raw domestic, industrial or municipal sewage by any artificial or natural processes in order to remove or so alter constituents as to render the waste less offensive or dangerous to the public health, comfort or property of any of the inhabitants of this state before the discharge of the plant effluent into any of the waters of this state, and which produces sewage sludge.

(27)(26) "Recycling facility" means any solid waste facility for the purpose of recycling at which neither land disposal nor biological, chemical or thermal transformation of solid waste occurs: Provided, That mixed waste recovery facilities, sludge processing facilities and composting facilities are not considered recycling facilities nor considered to be reusing or recycling solid waste within the meaning of this article, article fifteen-a of this chapter and article four, chapter twenty-two-c of this code.

(28)(27) "Sewage sludge" means solid, semisolid or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage sludge includes, but is not limited to, domestic septage, scum or solids removed in primary, secondary or advanced wastewater treatment processes and a material derived from sewage sludge. "Sewage sludge" does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator.

(29)(28) "Secretary" means the Secretary of the Department of Environmental Protection or such other person to whom the Secretary has delegated authority or duties pursuant to article one of this chapter.

(30)(29) "Sewage sludge processing facility" is a solid waste facility that processes sewage sludge for: (A) Land application; (B) incineration; or (C) disposal at an approved landfill. Such processes include, but are not limited to, composting, lime stabilization, thermophilic, microbial and anaerobic digestion.

(31)(30) "Sludge" means any solid, semisolid, residue or precipitate, separated from or created by a municipal, commercial or industrial waste treatment plant, water supply treatment plant or air pollution control facility or any other such waste having similar origin.

(32)(31) "Solid waste" means any garbage, paper, litter, refuse, cans, bottles, waste processed for the express purpose of incineration; sludge from a waste treatment plant; water supply treatment plant or air pollution control facility; and other discarded materials, including offensive or unsightly matter, solid, liquid, semisolid or contained liquid or gaseous material resulting from industrial, commercial, mining or community activities but does not include solid or dissolved material in sewage or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources and have permits under article five-a of this chapter, or source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended, including any nuclear or byproduct material considered by federal standards to be below regulatory concern, or a hazardous waste either identified or listed under article five-e of this chapter or refuse, slurry, overburden or other wastes or material resulting from coal-fired electric power or steam generation, the exploration, development, production, storage and recovery of coal, oil and gas and other mineral resources placed or disposed of at a facility which is regulated under chapter twenty-two, twenty-two-a or twenty-two-b of this code, so long as placement or disposal is in conformance with a permit issued pursuant to such chapters.

(33)(32) "Solid waste disposal" means the practice of disposing of solid waste including placing, depositing, dumping or throwing or causing any solid waste to be placed, deposited, dumped or thrown.

(34)(33) "Solid waste disposal shed" means the geographical area which the solid waste management board designates and files in the state register pursuant to section eight, article twenty-six, chapter sixteen of this code.

(35)(34) "Solid waste facility" means any system, facility, land, contiguous land, improvements on the land, structures or other appurtenances or methods used for processing, recycling or disposing of solid waste, including landfills, transfer stations, materials recovery facilities, mixed waste processing facilities, sewage sludge processing facilities, commercial composting facilities and other such facilities not herein specified, but not including land upon which sewage sludge is applied in accordance with section twenty of this article. Such facility shall be deemed to be situated, for purposes of this article, in the county where the majority of the spatial area of such facility is located: Provided, That a salvage yard, licensed and regulated pursuant to the terms of article twenty-three, chapter seventeen of this code, is not a solid waste facility.

(36)(35) "Solid waste facility operator" means any person or persons possessing or exercising operational, managerial or financial control over a commercial solid waste facility, whether or not such person holds a certificate of convenience and necessity or a permit for such facility.

(37)(36) "Source-separated materials" means materials separated from general solid waste at the point of origin for the purpose of reuse and recycling but does not mean sewage sludge.

§22-15-10. Prohibitions; permits required.

(a) Open dumps are prohibited and it is unlawful for any person to create, contribute to or operate an open dump or for any landowner to allow an open dump to exist on the landowner's property unless that open dump is under a compliance schedule approved by the director. Such compliance schedule shall contain an enforceable sequence of actions leading to compliance and shall not exceed two years. Open dumps operated prior to the first day of April, one thousand nine hundred eighty-eight, by a landowner or tenant for the disposal of solid waste generated by the landowner or tenant at his or her residence or farm are not a violation of this section if such open dump did not constitute a violation of law on the first day of January, one thousand nine hundred eighty-eight, and unauthorized dumps which were created by unknown persons do not constitute a violation of this section: Provided, That no person may contribute additional solid waste to any such dump after the first day of April, one thousand nine hundred eighty-eight, except that the owners of the land on which unauthorized dumps have been or are being made are not liable for such unauthorized dumping unless such landowners refuse to cooperate with the division in stopping such unauthorized dumping.

(b) It is unlawful for any person, unless the person holds a valid permit from the division to install, establish, construct, modify, operate or abandon any solid waste facility. All approved solid waste facilities shall be installed, established, constructed, modified, operated or abandoned in accordance with this article, plans, specifications, orders, instructions and rules in effect.

(c) Any permit issued under this article shall be issued in compliance with the requirements of this article, its rules and article eleven of this chapter and the rules promulgated thereunder, so that only a single permit is required of a solid waste facility under these two articles. Each permit issued under this article shall have a fixed term not to exceed five years: Provided, That the director may administratively extend a permit beyond its five-year term if the approved solid waste facility is in compliance with this article, its rules and article eleven of this chapter and the rules promulgated thereunder: Provided, however, That such administrative extension may not be for more than one year. Upon expiration of a permit, renewal permits may be issued in compliance with rules promulgated by the director.

(d) For existing solid waste facilities which formerly held division of health permits which expired by law and for which complete permit applications for new permits pursuant to this article were submitted as required by law, the division may enter an administrative order to govern solid waste activities at such facilities, which may include a compliance schedule, consistent with the requirements of the division's solid waste management rules, to be effective until final action is taken to issue or deny a permit for such facility pursuant to this article, or until further order of the division.

(e) No person may dispose in the state of any solid waste in a manner which endangers the environment or the public health, safety or welfare as determined by the director: Provided, That the carcasses of dead animals may be disposed of in any solid waste facility or in any other manner as provided for in this code. Upon request by the director, the commissioner of the bureau of public health shall provide technical advice concerning the disposal of solid waste or carcasses of dead animals within the state.

(f) A commercial solid waste facility shall not discriminate in favor of or against the receipt of any waste otherwise eligible for disposal at the facility based on its geographic origin.

(g) In addition to all the requirements of this article and the rules promulgated hereunder, a permit to construct a new commercial solid waste facility or to expand the spatial area of an existing facility, may not be issued unless the public service commission has granted a certificate of need, as provided in section one-c, article two, chapter twenty-four of this code. If the director approves a permit or permit modification, the certificate of need shall become a part of the permit and all conditions contained in the certificate of need shall be conditions of the permit and may be enforced by the division in accordance with the provisions of this article. If the director approves a permit or permit modification, the certificate of need shall become a part of the permit and all conditions contained in the certificate of need shall be conditions of the permit and may be enforced by the division in accordance with the provisions of this article: Provided, That the provisions of this subsection do not apply to materials recovery facilities, mixed waste processing facilities or oil and natural gas solid waste as defined by chapter twenty-two, article fifteen, section two of this code, except within a thirty-five mile radius of a facility sited in a karst geological region and which has been permitted by the West Virginia Department of Environmental Protection as a mixed waste processing facility and has received a certificate of need by July 1, 2016.

(h) The director shall promulgate legislative rules pursuant to article three, chapter twenty-nine-a of this code which reflect the purposes as set forth in this section.

CHAPTER 24. PUBLIC SERVICE COMMISSION.

ARTICLE 2. POWERS AND DUTIES OF PUBLIC SERVICE COMMISSION.

§24-2-1L. Commission jurisdiction does not extend to materials recovery facilities, mixed waste processing facilities, and oil and natural gas solid waste disposal.

(a) Notwithstanding any other provision of this code, the jurisdiction of the commission does not extend to materials recovery facilities, mixed waste processing facilities or disposal of oil and natural gas solid waste as defined by chapter twenty-two, article fifteen, section two of this code, except within a thirty-five mile radius of a facility sited in a karst geological region and which has been permitted by the West Virginia Department of Environmental Protection as a mixed waste processing facility and has received a certificate of need by July 1, 2016: Provided, that nothing in this Chapter shall affect the requirements of section five, article two and section three, article three, of Chapter twenty-four-a of this Code.

Speaker Pro Tempore Anderson in the Chair

            Mr. Speaker, Mr. Armstead, arose from his seat and requested to be excused from voting on questions related to Com. Sub. for S. B. 601 under the provisions of House Rule 49, including amendments and passage on tomorrow.

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

Delegates Foster and Hanshaw requested to be excused from voting on question related to Com. Sub. for S. B. 601 under the provisions of House Rule 49.

            The Speaker Pro Tempore 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

Mr. Speaker, Mr. Armstead, in the Chair

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

            Whereupon,

            Delegate Pushkin then asked and obtained unanimous consent to withdraw the amendment and offer a reformed amendment in its stead, as follows:

            On page four, section two, lines seventy-six through seventy-eight, by striking out paragraph twenty-three in its entirety.

            On pages four through seven, section two, by renumbering all subsequent paragraphs accordingly.

            On page nine, section ten, line fifty-four, by striking out the words “or oil and natural gas solid waste”.

            And,

            On page nine, section one-L, lines two and three, by striking out the words “or disposal of oil and natural gas solid waste”.

The Speaker put the question on the adoption of the foregoing amendment, and the same was adopted.           

An amendment to the amendment, recommended by Delegates Folk and Skinner, was reported by the Clerk on page nine, section ten, line fifty-three, immediately following the word “sited”, by striking out the words “in a karst geological region and which has been permitted by the West Virginia Department of Environmental Protection as a mixed waste processing facility and has received a certificate of need by July 1, 2016” and inserting in lieu thereof the following: “in a county that is, in whole or in part, within a karst region as determined by the West Virginia Geologic and Economic Survey that has been permitted and classified by the WVDEP as a mixed waste processing resource recovery facility and has received a certificate of need by July 1, 2016.”

And,

On page nine, section one-L, line four, immediately following the word “sited”, by striking out the words “in a karst geological region and which has been permitted by the West Virginia Department of Environmental Protection as a mixed waste processing facility and has received a certificate of need by July 1, 2016” and inserting in lieu thereof the following: “in a county that is, in whole or in part, within a karst region as determined by the West Virginia Geologic and Economic Survey that has been permitted and classified by the WVDEP as a mixed waste processing resource recovery facility and has received a certificate of need by July 1, 2016.”

            Whereupon,

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

            On motion of Delegate Folk and Skinner, the Judiciary amendment was amended on page nine, section one-L, line four, immediately following the word “sited”, by striking out the words “in a karst geological region and which has been permitted by the West Virginia Department of Environmental Protection as a mixed waste processing facility and has received a certificate of need by July 1, 2016” and inserting in lieu thereof “in a county that is, in whole or in part, within a karst region as determined by the West Virginia Geologic and Economic Survey that has been permitted and classified by the WVDEP as a mixed waste processing resource recovery facility and has received a certificate of need by July 1, 2016.”

            The Judiciary Committee amendment, as amended, was then adopted.

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

            Com. Sub. for S. B. 602, Relating to Patient Injury Compensation Fund; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk on page six, section one-a, line twenty-eight, following the words “in the year in which”, by inserting the words “physicians or”.

On page seven, section one-a, line forty-two, following the word “levied”, by inserting the words “by the Board of Risk and Insurance Management”.

            On page seven, section one-a, line forty-four, following the sentence ending with the word “Registry”, by striking the remaining sentences in the subsection, and inserting in lieu thereof, the following: 

            “Beginning July 1, 2016, and annually thereafter until June 30, 2020, the Board of Risk and Insurance Management shall assess each trauma center for trauma patients treated from January 1 to December 31 of the previous year: Provided, That the assessment to be collected by the Board of Risk and Insurance Management on June 30, 2017 shall be based on each trauma patient treated from January 1, 2016 to December 31, 2016.”

            And,

            On page thirteen, section nine-c, line sixteen, by striking out the word “suffers” and inserting in lieu thereof a comma and the following words: “as a result of an injury suffered prior to or after said date, suffers or has suffered”.

Delegate Manchin requested to be excused from voting on Com. Sub. for S. B. 602 under the provisions of House Rule 49.

The Speaker replied that Delegate Manchin may exhibit direct pecuniary interest therein and not as a member of a class of persons, and excused the Gentleman from voting.   

            The Speaker put the question on the adoption of the foregoing Judiciary Committee amendment, and the same was adopted.

            The bill was then ordered to third reading.

            S. B. 618, Allowing Economic Development Authority to make loans to certain whitewater outfitters; on second reading, coming up in regular order, was, at the request of Delegate Cowles and by unanimous consent, placed at the foot of bills on second reading.

            Com. Sub. for S. B. 619, 2016 Regulatory Reform Act; on second reading, coming up in regular order, was read a second time.

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

 

“That §29A-3-5 and §29A-3-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto two new sections, designated §29A-3-19 and §29A-3-20; and that said code be amended by adding thereto a new section, designated §29A-3A-20, all to read as follows:

ARTICLE 3. RULEMAKING.

§29A-3-5. Notice of proposed rulemaking.

When an agency proposes to promulgate a rule other than an emergency rule, it shall file with the Secretary of State, for publication in the State Register, a notice of its action, including therein any request for the submission of evidence to be presented on any factual determinations or inquiries required by law to promulgate such rule. At the time of filing the notice of its action, the agency shall also file with the Secretary of State a copy of the full text of the rule proposed and a fiscal note as defined in subsection (b), section four of this article. If the agency is considering alternative draft proposals, it may also file with the Secretary of State the full text of such draft proposals.

The notice shall fix a date, time and place for the receipt of public comment in the form of oral statements, written statements and documents bearing upon any findings and determinations which are a condition precedent to the final approval by the agency of the proposed rule, and shall contain a general description of the issues to be decided. If no specific findings and determinations are required as a condition precedent to the final approval by the agency of the approved rule, the notice shall fix a date, time and place for the receipt of general public comment on the proposed rule. To comply with the public comment provisions of this section, the agency may hold a public hearing or schedule a public comment period for the receipt of written statements and documents, or both.

If findings and determinations are a condition precedent to the promulgation of such rule, then an opportunity for general public comment on the merits of the rule shall be afforded after such findings and determinations are made. In such event, notice of the hearing or of the period for receiving public comment on the proposed rule shall be attached to and filed as a part of the findings and determinations of the agency when filed in the State Register.

In any hearing for public comment on the merits of the rule, the agency may limit presentations to written material. The time, date and place fixed in the notice shall constitute the last opportunity to submit any written material relevant to any hearing, all of which may be earlier submitted by filing with the agency. After the public hearing or the close of the public comment period, whichever is later, the agency shall not permit the filing or receipt of, nor shall it consider, any attempted ex parte communications directed to it in the form of additional comment prior to the submission of its final agency-approved rule to the Legislative Rule-Making Review Committee pursuant to the provisions of section eleven of this article.

The agency may also, at its expense, cause to be published as a Class I legal publication in every county of the state any notice required by this section.

Any citizen or other interested party may appear and be heard at such hearings as are required by this section.

Prior to the submission of any agency approved proposed rule to the Secretary of State, the agency shall respond to public comments received during the rule-making process and explain the reasoning for comments being incorporated or not incorporated into the rule. Failure to adequately respond to public comments may be grounds for rejection of the proposed rule.

§29A-3-11. Submission of legislative rules to the Legislative Rule-Making Review Committee.

(a) When an agency finally approves a proposed legislative rule for submission to the Legislature, pursuant to the provisions of section nine of this article, the secretary of the executive department which administers the agency pursuant to the provisions of article two, chapter five-f of this code shall submit to the Legislative Rule-Making Review Committee at its offices or at a regular meeting of such committee fifteen copies of a number of copies in electronic or paper form as requested by the committee, which shall include the following information:

(1) The full text of the legislative rule as finally approved by the agency, with new language underlined and with language to be deleted from any existing rule stricken through but clearly legible;

(2) a A brief summary of the content of the legislative rule and a description and a copy of any existing rule which the agency proposes to amend or repeal;

(3) a A statement of the circumstances which require the rule;

(4) A detailed description of the rule’s purpose and all proposed changes to the rule;

(4) a (5) A fiscal note containing all information included in a fiscal note for either house of the Legislature and a statement of the economic impact of the rule on the state or its residents;

 (5) one (6) One copy of any relevant federal statutes or regulations; and

(7) An explanation of the statutory authority for the rule, including a detailed summary of the effect of each provision of the rule with citation to the specific statute which empowers the agency to enact such provision;

(8) All public comments for each proposed rule. An agency may consolidate substantially similar comments in the interest of efficiency;

(9) All written responses by the agency to the substance of any public comments received, including whether the agency chose to modify the proposed rule in response to the comments or, if no changes were made, the rationale for declining to incorporate or make any suggested changes responding to the public comments. An agency may consolidate substantially similar responses in the interest of efficiency:  Provided, That the agency’s response shall address each issue and concern expressed by all comments received; and

(6) any (10) Any other information which the committee may request or which may be required by law. If the agency is an agency, board or commission which is not administered by an executive department as provided for in article two, chapter five-f of this code, the agency shall submit the final agency-approved rule as required by this subsection.

(b) The committee shall review each proposed legislative rule and, in its discretion, may hold public hearings thereon. Such review shall include, but not be limited to, a determination of:

(1) Whether the agency has specific statutory authority to propose the rule and has not exceeded the scope of its statutory authority in approving the proposed legislative rule;

(2) Whether the rule is needed;

(2) (3) Whether the proposed legislative rule is in conformity with the legislative intent of the statute which the rule is intended to implement, extend, apply, interpret or make specific;

(3) (4) Whether the proposed legislative rule overlaps, duplicates or conflicts with any other provision of this code, or with any other rule adopted by the same or a different agency, with federal statutes and rules, or with local laws and rules;

(5) Whether federal funding will be impacted by its expiration and explanation as to such;

(4) (6) Whether the proposed legislative rule is necessary to fully accomplish the objectives of the statute under which the rule was proposed for promulgation;

(5) (7) Whether the proposed legislative rule is reasonable, especially as it affects the convenience of the general public or of persons particularly affected by it;

(6) (8) Whether the proposed legislative rule could be made less complex or more readily understandable by the general public; and

(7) (9) Whether the proposed legislative rule was proposed for promulgation in compliance with the requirements of this article and with any requirements imposed by any other provision of this code.

 (c) After reviewing the legislative rule, the committee shall recommend that the Legislature:

(1) Authorize the promulgation of the legislative rule; or

(2) Authorize the promulgation of part of the legislative rule; or

(3) Authorize the promulgation of the legislative rule with certain amendments; or

(4) Recommend that the proposed rule be withdrawn.; or

(5) Reject the proposed rule.

The committee shall file notice of its action in the State Register and with the agency proposing the rule: Provided, That when the committee makes the recommendations of subdivision (2), (3), or (4) or (5) of this subsection, the notice shall contain a statement of the reasons for such recommendation.

(d) When the committee recommends that a rule be authorized, in whole or in part, by the Legislature, the committee shall instruct its staff or the office of Legislative Services to draft a bill authorizing the promulgation of all or part of the legislative rule and incorporating such amendments as the committee desires. If the committee recommends that the rule not be authorized, it shall include in its report a draft of a bill authorizing promulgation of the rule together with a recommendation. Any draft bill prepared under this section shall contain a legislative finding that the rule is within the legislative intent of the statute which the rule is intended to implement, extend, apply or interpret and shall be available for any member of the Legislature to introduce to the Legislature.

§29A-3-19. Expiration provision in rules.

(a) Any new legislative rule promulgated pursuant to this article after April 1, 2016, shall include an expiration provision terminating the rule after five years: Provided, That the rule may be renewed for additional terms of five years or less by the Legislature pursuant to the rule-making procedures and authority in this article: Provided, however, That if a different expiration or termination provision exists in the statute under which the proposed rule is promulgated, the enabling statute’s provision shall control: Provided further, That this subsection does not apply to rules promulgated by the Department of Environmental Protection or emergency rules promulgated pursuant to section fifteen of this article.

(b) Any legislative rule existing as of April 1, 2016, that is thereafter modified pursuant to this article shall include an expiration provision as part of the modification setting forth a termination date for the rule: Provided, That the rule may be renewed for additional terms of years by the Legislature pursuant to the rule-making procedures and authority in this article: Provided, however, That if a different expiration or termination provision exists in the statute under which the proposed rule is promulgated, the enabling statute’s provision shall control: Provided further, That this subsection does not apply to rules promulgated by the Department of Environmental Protection or emergency rules promulgated pursuant to section fifteen of this article.

 (c) The existence of an expiration provision terminating a rule does not preclude the repeal of such rule by the Legislature prior to the expiration of the expiration provision. 

(d) As part of its rule review under this article, the Legislative Rule-Making Review Committee is authorized to establish a procedure for timely review of all rules prior to expiration, including those rules promulgated by agencies that have affirmatively sought renewal prior to expiration.  The procedure may include a requirement that the agency show cause as to why the expiring rule is required and necessary to be continued for another term of years.

(f) The Secretary of State shall provide notice to the promulgating agency at least eighteen months prior to every rule’s expiration date.

§29A-3-20. Executive review of agency rules, guidelines, policies and recommendations.

(a) All executive agencies with rule-making authority shall:

(1) Review and evaluate all state rules, guidelines, policies and recommendations under their jurisdiction that have similar federal rules, guidelines, policies and recommendations;

(2) Determine whether the state rules, guidelines, policies and recommendations are more stringent than federal counterparts;

(3) Provide for a comment period for all rules, guidelines, policies and recommendations; and

(4) Submit a report to the Joint Committee on Government and Finance and the Legislative Rule-Making Review Committee on or before November 1, 2017, which shall include:

(A) A description of the state rules, guidelines, policies and recommendations that are more stringent than federal counterparts; and

(B) Comments received from the comment period provided for in subdivision (3) of this subsection.

(b) Within four years of the enactment of this law, each executive agency with rule-making authority shall review all of its rules and determine whether the rules should be continued without change, modified or repealed. On or before July 1, 2020, each agency submit a report to the Legislative Rule-Making Review Committee which includes the following information for each rule under the agency’s jurisdiction:

(1) A description of the rule;

(2) A determination of whether the rule should continue without change, modified or repealed; and

(3) The reasoning for said determination.

ARTICLE 3A. HIGHER EDUCATION RULEMAKING.

§ 29A-3A-20.  Expiration provision in rules.

(a) Any new legislative rule promulgated pursuant to this article after April 1, 2016, shall include an expiration provision terminating the rule after five years: Provided, That the rule may be renewed for additional terms of five years or less by the Legislature pursuant to the rule-making procedures and authority in this article: Provided, however, That if a different expiration or termination provision exists in the statute under which the proposed rule is promulgated, the enabling statute’s provision shall control: Provided further, That this subsection does not apply to emergency rules promulgated pursuant to section sixteen of this article.

(b) Any legislative rule existing as of April 1, 2016, that is thereafter modified pursuant to this article shall include an expiration provision as part of the modification setting forth a termination date for the rule: Provided, That the rule may be renewed for additional terms of years by the Legislature pursuant to the rule-making procedures and authority in this article: Provided, however, That if a different expiration or termination provision exists in the statute under which the proposed rule is promulgated, the enabling statute’s provision shall control: Provided further, That this subsection does not apply to emergency rules promulgated pursuant to section sixteen of this article.

(c) The existence of an expiration provision terminating a rule does not preclude the repeal of such rule by the Legislature prior to the expiration of the expiration provision.

(d) As part of its rule review under this article, the Legislative Oversight Commission on Education Accountability is authorized to establish a procedure for timely review of a rule prior to its expiration if the board has affirmatively sought renewal prior to expiration.  The procedure may include a requirement that the board show cause as to why the expiring rule is required and necessary to be continued for another term of years.

(e) The Secretary of State shall provide notice to the board at least eighteen months prior to every rule’s expiration date.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 621, Exempting taxicab companies with independent contract drivers from providing workers’ compensation coverage; on second reading, coming up in regular order, was read a second time.

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

            Whereupon,

            Delegate Manchin asked and obtained unanimous consent to withdraw the amendment and offer a reformed amendment, on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof, the following:

            “That §23-2-1 of the Code of West Virginia, 1931 as amended, be amended and reenacted, to read as follows:

ARTICLE 2. EMPLOYERS AND EMPLOYEES SUBJECT TO CHAPTER; EXTRATERRITORIAL COVERAGE.

§23-2-1. Employers subject to chapter; elections not to provide certain coverages; notices; filing of business registration certificates.

(a) The State of West Virginia and all governmental agencies or departments created by it, including county boards of education, political subdivisions of the state, any volunteer fire department or company and other emergency service organizations as defined by article five, chapter fifteen of this code, and all persons, firms, associations and corporations regularly employing another person or persons for the purpose of carrying on any form of industry, service or business in this state, are employers within the meaning of this chapter and are required to subscribe to and pay premium taxes into the Workers' Compensation Fund for the protection of their employees and are subject to all requirements of this chapter and all rules prescribed by the Workers' Compensation Commission with reference to rate, classification and premium payment: Provided, That rates will be adjusted by the commission to reflect the demand on the compensation fund by the covered employer.

(b) The following employers are not required to subscribe to the fund, but may elect to do so:

(1) Employers of employees in domestic services;

(2) Employers of five or fewer full-time employees in agricultural service;

(3) Employers of employees while the employees are employed without the state except in cases of temporary employment without the state;

(4) Casual employers. An employer is a casual employer when the number of his or her employees does not exceed three and the period of employment is temporary, intermittent and sporadic in nature and does not exceed ten calendar days in any calendar quarter;

(5) Churches;

(6) Employers engaged in organized professional sports activities, including employers of trainers and jockeys engaged in thoroughbred horse racing; or

(7) Any volunteer rescue squad or volunteer police auxiliary unit organized under the auspices of a county commission, municipality or other government entity or political subdivision; volunteer organizations created or sponsored by government entities, political subdivisions; or area or regional emergency medical services boards of directors in furtherance of the purposes of the Emergency Medical Services Act of article four-c, chapter sixteen of this code: Provided, That if any of the employers described in this subdivision have paid employees, to the extent of those paid employees, the employer shall subscribe to and pay premium taxes into the Workers' Compensation Fund based upon the gross wages of the paid employees but with regard to the volunteers, the coverage remains optional;

(8) Taxicab drivers for a taxicab company operating under article two, chapter twenty-four of this code: Provided, That such designation is not inconsistent with the United States Internal Revenue Service requirements for persons acting as independent contractors;

 (8) (9) Any employer whose employees are eligible to receive benefits under the federal Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §901, et seq., but only for those employees eligible for those benefits.

(c) Notwithstanding any other provision of this chapter to the contrary, whenever there are churches in a circuit which employ one individual clergyman and the payments to the clergyman from the churches constitute his or her full salary, such circuit or group of churches may elect to be considered a single employer for the purpose of premium payment into the Workers' Compensation Fund.

(d) Employers who are not required to subscribe to the Workers' Compensation Fund may voluntarily choose to subscribe to and pay premiums into the fund for the protection of their employees and in that case are subject to all requirements of this chapter and all rules and regulations prescribed by the commission with reference to rates, classifications and premium payments and shall afford to them the protection of this chapter, including section six of this article, but the failure of the employers to choose to subscribe to and to pay premiums into the fund shall not impose any liability upon them other than any liability that would exist notwithstanding the provisions of this chapter.

(e) Any foreign corporation employer whose employment in this state is to be for a definite or limited period which could not be considered "regularly employing" within the meaning of this section may choose to pay into the Workers' Compensation Fund the premiums provided for in this section, and at the time of making application to the Workers' Compensation Commission, the employer shall furnish a statement under oath showing the probable length of time the employment will continue in this state, the character of the work, an estimate of the monthly payroll and any other information which may be required by the commission. At the time of making application the employer shall deposit with the commission to the credit of the Workers' Compensation Fund the amount required by section five of this article. That amount shall be returned to the employer if the employer's application is rejected by the commission. Upon notice to the employer of the acceptance of his or her application by the commission, he or she is an employer within the meaning of this chapter and subject to all of its provisions.

(f) Any foreign corporation employer choosing to comply with the provisions of this chapter and to receive the benefits under this chapter shall, at the time of making application to the commission in addition to other requirements of this chapter, furnish the commission with a certificate from the Secretary of State, where the certificate is necessary, showing that it has complied with all the requirements necessary to enable it legally to do business in this state and no application of a foreign corporation employer shall be accepted by the commission until the certificate is filed.

(g) The following employers may elect not to provide coverage to certain of their employees under the provisions of this chapter:

(1) Any political subdivision of the state including county commissions and municipalities, boards of education, or emergency services organizations organized under the auspices of a county commission may elect not to provide coverage to any elected official. The election not to provide coverage does not apply to individuals in appointed positions or to any other employees of the political subdivision;

(2) If an employer is a partnership, sole proprietorship, association or corporation, the employer may elect not to include as an "employee" within this chapter, any member of the partnership, the owner of the sole proprietorship or any corporate officer or member of the board of directors of the association or corporation. The officers of a corporation or an association shall consist of a president, a vice president, a secretary and a treasurer, each of whom is elected by the board of directors at the time and in the manner prescribed by the bylaws. Other officers and assistant officers that are considered necessary may be elected or appointed by the board of directors or chosen in any other manner prescribed by the bylaws and, if elected, appointed or chosen, the employer may elect not to include the officer or assistant officer as an "employee" within the meaning of this chapter: Provided, That except for those persons who are members of the board of directors or who are the corporation's or association's president, vice president, secretary and treasurer and who may be excluded by reason of their positions from the benefits of this chapter even though their duties, responsibilities, activities or actions may have a dual capacity of work which is ordinarily performed by an officer and also of work which is ordinarily performed by a worker, an administrator or an employee who is not an officer, no other officer or assistant officer who is elected or appointed shall be excluded by election from coverage or be denied the benefits of this chapter merely because he or she is an officer or assistant officer if, as a matter of fact:

(A) He or she is engaged in a dual capacity of having the duties and responsibilities for work ordinarily performed by an officer and also having duties and work ordinarily performed by a worker, administrator or employee who is not an officer;

(B) He or she is engaged ordinarily in performing the duties of a worker, an administrator or an employee who is not an officer and receives pay for performing the duties in the capacity of an employee; or

(C) He or she is engaged in an employment palpably separate and distinct from his or her official duties as an officer of the association or corporation;

(3) If an employer is a limited liability company, the employer may elect not to include as an "employee" within this chapter a total of no more than four persons, each of whom are acting in the capacity of manager, officer or member of the company.

(h) In the event of election under subsection (g) of this section, the employer shall serve upon the commission written notice naming the positions not to be covered and shall not include the "employee's" remuneration for premium purposes in all future payroll reports, and the partner, proprietor or corporate or executive officer is not considered an employee within the meaning of this chapter after the notice has been served. Notwithstanding the provisions of subsection (g), section five of this article, if an employer is delinquent or in default or has not subscribed to the Fund even though it is obligated to do so under the provisions of this article, any partner, proprietor or corporate or executive officer shall not be covered and shall not receive the benefits of this chapter.

(i) "Regularly employing" or "regular employment" means employment by an employer which is not a casual employer under this section.

(j) Upon the termination of the commission, the criteria governing which employer shall or may subscribe to the Workers' Compensation Commission shall also govern which employers shall or may purchase Workers' Compensation insurance under article two-c of this chapter.”

Delegate Pushkin requested to be excused from voting on Com. Sub. for S. B. 621 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 amendment was then adopted.

The bill was then ordered to third reading.

            Com. Sub. for S. B. 686, Authorizing local governing authorities hold sanctioned motor vehicle races on roads, streets or airports under their jurisdiction; 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 one, after the enacting section, by striking the remainder of the bill and inserting in lieu thereof the following:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new  section, designated §7-1-3qq; and that said code be amended by adding thereto a new section,  designated §8-12-5g, all to read as follows:

ARTICLE 6. COUNTY COMMISSIONS GENERALLY.

§7-1-3qq. Authorizing county commissions to hold motor vehicle racing events on

public roads, municipal streets or airports.

(a) In addition to all other powers and duties not conferred by law upon county commissions, such commissions are empowered to organize and hold motor vehicle racing events on roads and airports in counties in this state; to require a permit; to provide for the issuance of a permit; to prescribe certain requirements for obtaining a permit; to provide for certain powers and duties of the permit holder and the county in relation to a racing event; and to declare that such a racing event is not a nuisance or subject to speed restrictions.

(b) As used in this section:

(1) “Person” shall mean an individual, sole proprietorship, partnership, corporation or other

legal entity;

(2) “Public road” shall mean a road or open country highway under the control of the county

court or the governing body of a municipality which is not classified in the state road system;

(3) “Municipal street” shall mean an urban or suburban street under the control of the  governing body of a municipality which is not classified in the state road system;

(4) “Motor vehicle” shall mean and include any mechanical device for the conveyance, drawing or other transportation of persons or property upon the public roads, whether operated on wheels or runners or by other means, except those propelled or 16 drawn by human power or those used exclusively upon rails; and

(5) “Racing event” shall mean a motor vehicle race which is sanctioned by a nationally or internationally recognized racing organization and includes preparations, practices and qualifications for the race.

(c) A county commission may provide for the issuance of a permit allowing the person to whom the permit is issued to conduct a racing event on a public road or municipal street or at airports located within its jurisdiction. A person shall not conduct a racing event unless the person has been issued a permit under this section.

(d) The county commission may charge a reasonable fee for the issuance of a permit under this section.

(e) Before a county commission issues a racing event permit under subsections (c) and (d) of this section, the county commission shall determine all of the following:

(1) That the person applying for the permit has adequate insurance to pay any damages incurred because of loss or injury to any person or property;

(2) That adequate security, emergency services and necessary facilities will be provided  during the racing event; and

(3) That the person applying for the permit has demonstrated the ability to protect the health, safety and welfare of the citizens of the county, the race participants and those attending the racing event.

(f) For purposes of a racing event held under this section, the county commission may do all of the following:

(1) Provide for the temporary closing or obstructing of roads, streets, alleys, sidewalks and  airport runways;

(2) Reroute pedestrian and vehicular traffic; and

(3) Waive ordinances and traffic regulations including speed limits and traffic control devices.

(g) No less than sixty days prior to a scheduled racing event, a county commission shall  provide written notice to the West Virginia Department of Transportation - Traffic Engineering Division of any racing event permit issued under this section. The written notice shall identify the following:

(1) The time, date and location of the event;

(2) The nationally or internationally recognized racing organization sponsoring the event;

(3) A Road Closure Plan that specifies the public roads, municipal streets, alleys, sidewalks and airport runways that will be temporarily closed or obstructed during the event;

(4) A Traffic Control Plan that specifies the on-site traffic controls and detour route to be used during the event; and

(5) The names and phone numbers of emergency and law enforcement contacts overseeing the event.

(h) A racing event held under this section and any action taken under subsections (e) and (f) of this section shall be considered as being for public purposes, including the promotion of commerce and tourism for the benefit of the citizens of the county and state.

(i) A county that issues a permit under this section shall not be liable for any damages that may result from the racing event because of loss or injury to any person or property. After a permit is issued, the state shall not be liable for any damages that may result from the racing event because of loss or injury to any person or property.

(j) The provisions related to road obstructions and public nuisance set forth in section one, article sixteen, chapter seventeen of this code do not apply to an authorized racing event held under this section.

(k) The provisions of article six, chapter seventeen-c of this code shall not apply to an authorized racing event held under this section.

ARTICLE 8. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED RELATIONS OF MUNICIPALITIES, GOVERNING BODIES, MUNICIPAL OFFICES AND EMPLOYEES; SUITS AGAINST MUNICIPALITIES.

§8-12-5g. Authorizing municipalities to hold motor vehicle racing events on public roads, municipal streets or runways.

(a) In addition to all other powers and duties not conferred by law upon municipalities, such municipalities are empowered to organize and hold motor vehicle racing events on roads and airports in this state under their jurisdiction; to require a permit; to provide for the issuance of a permit; to prescribe certain requirements for obtaining a permit; to provide for certain powers and duties of the permit holder and the municipality in relation to a racing event; and to declare that such a racing event is not a nuisance or prohibited street racing.

(b) As used in this section:

(1) “Person” shall mean an individual, sole proprietorship, partnership, corporation or other

legal entity;

(2) “Public road” shall mean a road or open country highway under the control of the county

court or the governing body of a municipality which is not classified in the state road system;

(3) “Municipal street” shall mean an urban or suburban street under the control of the governing body of a municipality which is not classified in the state road system;

(4) “Motor vehicle” shall mean and include any mechanical device for the conveyance, drawing or other transportation of persons or property upon the public roads, whether operated on wheels or runners or by other means, except those propelled or drawn by human power or those used exclusively upon rails; and

(5) “Racing event” shall mean a motor vehicle race which is sanctioned by a nationally or  internationally recognized racing organization and includes preparations, practices and qualifications for the race.

(c) A municipality may provide for the issuance of a permit allowing the person to whom the permit is issued to conduct a racing event on a public road, municipal street or airport located within its jurisdiction. A person shall not conduct a racing event unless the person has been issued a permit under this section.

(d) The municipality may charge a reasonable fee for the issuance of a permit under this  section.

(e) Before a municipality issues a racing event permit under subsections (c) and (d) of this

section, the municipality shall determine all of the following:

(1) That the person applying for the permit has adequate insurance to pay any damages incurred because of loss or injury to any person or property;

(2) That adequate security, emergency services and necessary facilities will be provided  during the racing event; and

(3) That the person applying for the permit has demonstrated the ability to protect the health, safety and welfare of the citizens of the municipality, the race participants and those attending the racing event.

(f) For purposes of a racing event held under this section, the municipality may do all of the following:

(1) Provide for the temporary closing or obstructing of roads, streets, alleys, sidewalks and  airport runways;

(2) Reroute pedestrian and vehicular traffic; and

(3) Waive ordinances and traffic regulations including speed limits and traffic control devices.

(g) No less than sixty days prior to a scheduled racing event, a municipality shall provide  written notice to the West Virginia Department of Transportation - Traffic Engineering Division of any racing event permit issued under this section. The written notice shall identify the following:

(1) The time, date and location of the event;

(2) The nationally or internationally recognized racing organization sponsoring the event;

(3) A Road Closure Plan that specifies the public roads, municipal streets, alleys, sidewalks and airport runways that will be temporarily closed or obstructed during the event;

(4) A Traffic Control Plan that specifies the on-site traffic controls and detour route to be used during the event; and

(5) The names and phone numbers of emergency and law enforcement contacts overseeing the event.

(h) A racing event held under this section and any action taken under subsections (e) and (f) of this section shall be considered as being for public purposes, including the promotion of commerce and tourism for the benefit of the citizens of the municipality and state.

(i) A municipality that issues a permit under this section shall not be liable for any damages that may result from the racing event because of loss or injury to any person or property. After a permit is issued, the state shall not be liable for any damages that may result from the racing event because of loss or injury to any person or property.

(j) The provisions related to road obstructions and public nuisance set forth in section one, article sixteen, chapter seventeen of this code do not apply to an authorized racing event held under this section.

(k) The provisions of article six, chapter seventeen-c of this code shall not apply to an  authorized racing event held under this section.

            On motion of Delegate Folk, the Judiciary Committee amendment was amended on page two, section-three-qq, line twenty-four, after the word “section” and the period, by adding the following “Provided, That the decision to issue a permit for any airport formed pursuant to chapter eight, article twenty-nine of this code, shall be made by the governing body of the Regional Airport

Authority.”

            The Judiciary Committee amendment, as amended, was then adopted.

            The bill was then ordered to third reading.

            S. B. 702, Allowing title of real estate to pass to individuals entitled to sale proceeds if executor fails to do so within 5 years of closing estate; 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 one, immediately following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:

“That §44-1-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

Article 8. Real estate of decedents.

§44-8-1. Sale, conveyance and management of decedent’s real estate; powers of executor and administrator with will annexed.

Real estate devised to be sold shall, if no person other than the executor be appointed for the purpose, be sold and conveyed by the executor and the proceeds of sale, or the rents and profits of any real estate which the executor is authorized by the will to receive, shall be received by the executor who qualifies, or by his or her successor. If none qualify, or the one qualifying shall die, resign or be removed before the trust is executed or completed, the administrator with the will annexed shall sell or convey the lands so devised to be sold, and receive the proceeds of sale, or the rents and profits aforesaid, as an executor might have done: Provided, That if the executor has not, within five years of the closing of the estate of the testator, sold any real estate which was devised to be sold, title thereto shall pass to the individuals entitled to receive the proceeds thereof, in such proportions as they are entitled to receive said proceeds, in the absence of any contrary testamentary intent.

When any will heretofore or hereafter executed gives to the executor named therein the power to sell the testator’s real estate, which has not been theretofore specifically devised therein, the executor may sell any such real estate unless otherwise provided in said will. If such will directs the sale of testator’s real estate but names no executor, or names an executor and the executor dies, resigns or becomes incapable of acting, and an administrator with the will annexed is appointed, the administrator with the will annexed may sell such real estate as aforesaid.

Nothing in this section shall be deemed or construed so as to invalidate any conveyance made prior to the effective date of the amendments thereto adopted by the Legislature at its regular session held in the year one thousand nine hundred eighty-seven 1987.”

The bill was then ordered to third reading.

Messages from the Executive

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

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 9, 2016

Veto Message

The Honorable Tim Armstead

Speaker, West Virginia House of Delegates

Room 228M, Building 1

State Capitol

Charleston, West Virginia  25305

            RE:  Enrolled Committee Substitute for Senate Bill 10

Dear Speaker Armstead:

            Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return the Enrolled Committee Substitute for Senate Bill 10.

            I am advised this bill is overbroad and unduly burdens a woman’s fundamental constitutional right to privacy.  See Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 879 (1992) (holding a state “may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability”).  Among the bill’s prohibitions is a leading pre-viability medical procedure (the “dilation & evacuation” method) that, for reasons of patient safety, is preferred by physicians.  The Supreme Court of the United States and the United States District Court for the Southern District of West Virginia previously struck down similarly overbroad laws that unduly burdened a woman’s right to choose this procedure.  See Stenberg v. Carhart, 530 U.S. 914 (2000); Daniel v. Underwood, 102 F.Supp.2d 680 (S. D. W. Va. 2000) (declaring sections of WV’s Women’s Access to Health Care Act to be unconstitutional; ban at issue encompassed the common “dilation & evacuation” method and thus unduly burdened a woman’s constitutional right of privacy).  In these circumstances, a veto is appropriate.

Sincerely,

Earl Ray Tomblin,

   Governor.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had again passed, without amendment, notwithstanding the objections of the Governor, and requested the concurrence of the House of Delegates in the passage, of

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

On motion of Delegate Cowles, the House of Delegates proceeded to consider the bill (Enr. Com. Sub. for S. B. 10), notwithstanding the objections of the Governor.

The Speaker propounded "Shall the bill pass, notwithstanding the objections of the Governor?"

On this question, the yeas and nays were taken (Roll No. 480), and there were--yeas 85, nays 15, absent and not voting none, with the nays being as follows:

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

Nays: Caputo, Fleischauer, Fluharty, Guthrie, Hornbuckle, Longstreth, Lynch, Manchin, Moore, Morgan, Perdue, Pethtel, Pushkin, Rowe and Skinner.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Enr. Com. Sub. for S. B. 10) passed, notwithstanding the objections of the Governor.

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

At 4:00 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 5:00 p.m.

Second Reading

-Continued-

            Com. Sub. for H. B. 4017, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution; on second reading, coming up in regular order, was read a second time.

          Delegates Reynolds, Bates,  Blackwell, Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hicks, Hornbuckle, Longstreth, Manchin, Marcum, Miley, Moore, Morgan, Perdue, Phillips, Pushkin, Rodighiero, Rowe, Shaffer, Skinner, Sponaugle and P. White moved to amend H.B. 4017 on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof, the following:

TITLE I — GENERAL PROVISIONS.


            Section 1. General policy. — The purpose of this bill is to appropriate money necessary for the economical and efficient discharge of the duties and responsibilities of the state and its agencies during the fiscal year 2017.


            Sec. 2. Definitions. — For the purpose of this bill:

            “Governor” shall mean the Governor of the State of West Virginia.

            “Code” shall mean the Code of West Virginia, one thousand nine hundred thirty-one, as amended.

            “Spending unit” shall mean the department, bureau, division, office, board, commission, agency or institution to which an appropriation is made.

            The “fiscal year 2017” shall mean the period from July 1, 2016, through June 30, 2017.

            “General revenue fund” shall mean the general operating fund of the state and includes all moneys received or collected by the state except as provided in W.Va. Code §12-2-2 or as otherwise provided.

            “Special revenue funds” shall mean specific revenue sources which by legislative enactments are not required to be accounted for as general revenue, including federal funds.

            “From collections” shall mean that part of the total appropriation which must be collected by the spending unit to be available for expenditure. If the authorized amount of collections is not collected, the total appropriation for the spending unit shall be reduced automatically by the amount of the deficiency in the collections. If the amount collected exceeds the amount designated “from collections,” the excess shall be set aside in a special surplus fund and may be expended for the purpose of the spending unit as provided by Article 2, Chapter 11B of the Code.


            Sec. 3. Classification of appropriations. — An appropriation for:

            “Personal services” shall mean salaries, wages and other compensation paid to full-time, part-time and temporary employees of the spending unit but shall not include fees or contractual payments paid to consultants or to independent contractors engaged by the spending unit. “Personal services” shall include “annual increment” for “eligible employees” and shall be disbursed only in accordance with Article 5, Chapter 5 of the Code.

            Unless otherwise specified, appropriations for “personal services” shall include salaries of heads of spending units.

            “Employee benefits” shall mean social security matching, workers’ compensation, unemployment compensation, pension and retirement contributions, public employees insurance matching, personnel fees or any other benefit normally paid by the employer as a direct cost of employment. Should the appropriation be insufficient to cover such costs, the remainder of such cost shall be paid by each spending unit from its “unclassified” appropriation, or its “current expenses” appropriation or other appropriate appropriation. Each spending unit is hereby authorized and required to make such payments in accordance with the provisions of Article 2, Chapter 11B of the Code.

            Each spending unit shall be responsible for all contributions, payments or other costs related to coverage and claims of its employees for unemployment compensation and workers compensation. Such expenditures shall be considered an employee benefit.

            "BRIM Premiums" shall mean the amount charged as consideration for insurance protection and includes the present value of projected losses and administrative expenses. Premiums are assessed for coverages, as defined in the applicable policies, for claims arising from, inter alia, general liability, wrongful acts, property, professional liability and automobile exposures.

            Should the appropriation for "BRIM Premium" be insufficient to cover such cost, the remainder of such costs shall be paid by each spending unit from its "unclassified" appropriation, its "current expenses" appropriation or any other appropriate appropriation to the Board of Risk and Insurance Management. Each spending unit is hereby authorized and required to make such payments. If there is no appropriation for “BRIM Premium” such costs shall be paid by each spending unit from its “current expenses” appropriation, “unclassified” appropriation or other appropriate appropriation.

            West Virginia Council for Community and Technical College Education and Higher Education Policy Commission entities operating with special revenue funds and/or federal funds shall pay their proportionate share of the Board of Risk and Insurance Management total insurance premium cost for their respective institutions.

            "Current expenses" shall mean operating costs other than personal services and shall not include equipment, repairs and alterations, buildings or lands. Each spending unit shall be responsible for and charged monthly for all postage meter service and shall reimburse the appropriate revolving fund monthly for all such amounts. Such expenditures shall be considered a current expense.

            "Equipment" shall mean equipment items which have an appreciable and calculable period of usefulness in excess of one year.

            "Repairs and alterations" shall mean routine maintenance and repairs to structures and minor improvements to property which do not increase the capital assets.

            "Buildings" shall include new construction and major alteration of existing structures and the improvement of lands and shall include shelter, support, storage, protection or the improvement of a natural condition.

            "Lands" shall mean the purchase of real property or interest in real property.

            "Capital outlay" shall mean and include buildings, lands or buildings and lands, with such category or item of appropriation to remain in effect as provided by W.Va. Code §12-3-12.

            From appropriations made to the spending units of state government, upon approval of the Governor there may be transferred to a special account an amount sufficient to match federal funds under any federal act.

            Appropriations classified in any of the above categories shall be expended only for the purposes as defined above and only for the spending units herein designated: Provided, That the secretary of each department shall have the authority to transfer within the department those general revenue funds appropriated to the various agencies of the department: Provided, however, That no more than five percent of the general revenue funds appropriated to any one agency or board may be transferred to other agencies or boards within the department: and no funds may be transferred to a "personal services and employee benefits" appropriation unless the source funds are also wholly from a "personal services and employee benefits" line, or unless the source funds are from another appropriation that has exclusively funded employment expenses for at least twelve consecutive months prior to the time of transfer and the position(s) supported by the transferred funds are also permanently transferred to the receiving agency or board within the department: Provided further, That the secretary of each department and the director, commissioner, executive secretary, superintendent, chairman or any other agency head not governed by a departmental secretary as established by Chapter 5F of the Code shall have the authority to transfer funds appropriated to "personal services and employee benefits," "current expenses," "repairs and alterations," "equipment," "other assets," "land," and "buildings" to other appropriations within the same account and no funds from other appropriations shall be transferred to the "personal services and employee benefits" or the "unclassified" appropriation: And provided further, That no authority exists hereunder to transfer funds into appropriations to which no funds are legislatively appropriated: And provided further, That if the Legislature by subsequent enactment consolidates agencies, boards or functions, the secretary or other appropriate agency head may transfer the funds formerly appropriated to such agency, board or function in order to implement such consolidation. No funds may be transferred from a Special Revenue Account, dedicated account, capital expenditure account or any other account or fund specifically exempted by the Legislature from transfer, except that the use of the appropriations from the State Road Fund for the office of the Secretary of the Department of Transportation is not a use other than the purpose for which such funds were dedicated and is permitted.

            Appropriations otherwise classified shall be expended only where the distribution of expenditures for different purposes cannot well be determined in advance or it is necessary or desirable to permit the spending unit the freedom to spend an appropriation for more than one of the above classifications.


            Sec. 4. Method of expenditure. — Money appropriated by this bill, unless otherwise specifically directed, shall be appropriated and expended according to the provisions of Article 3, Chapter 12 of the Code or according to any law detailing a procedure specifically limiting that article.


            Sec. 5. Maximum expenditures. No authority or requirement of law shall be interpreted as requiring or permitting an expenditure in excess of the appropriations set out in this bill.



TITLE II — APPROPRIATIONS.

ORDER OF SECTIONS

SECTION 1.           Appropriations from general revenue.

SECTION 2.           Appropriations from state road fund.

SECTION 3.           Appropriations from other funds.

SECTION 4.           Appropriations from lottery net profits.

SECTION 5.           Appropriations from state excess lottery revenue.

SECTION 6.           Appropriations of federal funds.

SECTION 7.           Appropriations from federal block grants.

SECTION 8.           Awards for claims against the state.

SECTION 9.           Appropriations from general revenue surplus accrued.

SECTION 10.         Appropriations from lottery net profits surplus accrued.

SECTION 11.         Appropriations from state excess lottery revenue surplus accrued.

SECTION 12.         Special revenue appropriations.

SECTION 13.         State improvement fund appropriations.

SECTION 14.         Specific funds and collection accounts.

SECTION 15.         Appropriations for refunding erroneous payment.

SECTION 16.         Sinking fund deficiencies.

SECTION 17.         Appropriations for local governments.

SECTION 18.         Total appropriations.

SECTION 19.         General school fund.


            Section 1. Appropriations from general revenue. — From the State Fund, General Revenue, there are hereby appropriated conditionally upon the fulfillment of the provisions set forth in Article 2, Chapter 11B the following amounts, as itemized, for expenditure during the fiscal year 2017.


LEGISLATIVE


1 - Senate

Fund 0165 FY 2017 Org 2100

                                                                                                                                         General

                                                                                                            Appro-                Revenue

                                                                                                            priation                   Fund

 


Compensation of Members (R)........................................................   00300          $                1,010,000

Compensation and Per Diem of Officers

     and Employees (R)......................................................................   00500                           4,011,332

Employee Benefits (R)......................................................................   01000                                         0

Current Expenses and Contingent Fund (R)....................................   02100                                     100

Repairs and Alterations (R)...............................................................   06400                                     100

Computer Supplies (R).....................................................................   10100                                     100

Computer Systems (R).....................................................................   10200                                     100

Printing Blue Book (R)......................................................................   10300                                     100

Expenses of Members (R)................................................................   39900                                     100

BRIM Premium (R)...........................................................................   91300                                      100

     Total..............................................................................................                      $                5,022,032

            The appropriations for the Senate for the fiscal year 2016 are to remain in full force and effect and are hereby reappropriated to June 30, 2017, with the exception of fund 0165, fiscal year 2016, appropriation 00300 ($1,010,000), fund 0165, fiscal year 2016, appropriation 00500 ($835,518), fund 0165, fiscal year 2016, appropriation 06400 ($50,000), fund 0165, fiscal year 2016, appropriation 10100 ($20,000), fund 0165, fiscal year 2016, appropriation 10200 ($60,000), fund 0165, fiscal year 2016, appropriation 10300 ($125,000) fund 0165, fiscal year 2016, appropriation 91300 ($29,482), fund 0165, fiscal year 2016, appropriation 39900 ($370,000), fund 0165, fiscal year 2012, appropriation 00500 ($2,500,000) and fund 0165, fiscal year 2012, appropriation 02100 ($2,500,000) which shall expire on June 30, 2016. Any balances so reappropriated may be transferred and credited to the fiscal year 2016 accounts.

            Upon the written request of the Clerk of the Senate, the Auditor shall transfer amounts between items of the total appropriation in order to protect or increase the efficiency of the service.

            The Clerk of the Senate, with the approval of the President, is authorized to draw his or her requisitions upon the Auditor, payable out of the Current Expenses and Contingent Fund of the Senate, for any bills for supplies and services that may have been incurred by the Senate and not included in the appropriation bill, for supplies and services incurred in preparation for the opening, the conduct of the business and after adjournment of any regular or extraordinary session, and for the necessary operation of the Senate offices, the requisitions for which are to be accompanied by bills to be filed with the Auditor.

            The Clerk of the Senate, with the approval of the President, or the President of the Senate shall have authority to employ such staff personnel during any session of the Legislature as shall be needed in addition to staff personnel authorized by the Senate resolution adopted during any such session. The Clerk of the Senate, with the approval of the President, or the President of the Senate shall have authority to employ such staff personnel between sessions of the Legislature as shall be needed, the compensation of all staff personnel during and between sessions of the Legislature, notwithstanding any such Senate resolution, to be fixed by the President of the Senate. The Clerk is hereby authorized to draw his or her requisitions upon the Auditor for the payment of all such staff personnel for such services, payable out of the appropriation for Compensation and Per Diem of Officers and Employees or Current Expenses and Contingent Fund of the Senate.

            For duties imposed by law and by the Senate, the Clerk of the Senate shall be paid a monthly salary as provided by the Senate resolution, unless increased between sessions under the authority of the President, payable out of the appropriation for Compensation and Per Diem of Officers and Employees or Current Expenses and Contingent Fund of the Senate.

            The distribution of the blue book shall be by the office of the Clerk of the Senate and shall include 75 copies for each member of the Legislature and two copies for each classified and approved high school and junior high or middle school and one copy for each elementary school within the state.

            Included in the above appropriation for Senate (fund 0165, appropriation 02100), an amount not less than $5,000 is to be used for the West Virginia Academy of Family Physicians - Doc of the Day Program.


2 - House of Delegates

Fund 0170 FY 2017 Org 2200


Compensation of Members (R)........................................................   00300          $                3,000,000

Compensation and Per Diem of Officers

     and Employees (R)......................................................................   00500                              575,000

Current Expenses and Contingent Fund (R)....................................   02100                           3,929,031

Expenses of Members (R)................................................................   39900                           1,350,000

BRIM Premium (R)...........................................................................   91300                                 50,000

     Total..............................................................................................                      $                8,904,031

            The appropriations for the House of Delegates for the fiscal year 2016 are to remain in full force and effect and are hereby reappropriated to June 30, 2017, with the exception of fund 0170, fiscal year 2016, appropriation 00300 ($175,000), fund 0170, fiscal year 2016, appropriation 00500 ($71,161), and fund 0170, fiscal year 2016, appropriation 59900 ($110,000) which shall expire on June 30, 2016. Any balances so reappropriated may be transferred and credited to the fiscal year 2016 accounts.

            Upon the written request of the Clerk of the House of Delegates, the Auditor shall transfer amounts between items of the total appropriation in order to protect or increase the efficiency of the service.

            The Clerk of the House of Delegates, with the approval of the Speaker, is authorized to draw his or her requisitions upon the Auditor, payable out of the Current Expenses and Contingent Fund of the House of Delegates, for any bills for supplies and services that may have been incurred by the House of Delegates and not included in the appropriation bill, for bills for services and supplies incurred in preparation for the opening of the session and after adjournment, and for the necessary operation of the House of Delegates' offices, the requisitions for which are to be accompanied by bills to be filed with the Auditor.

            The Speaker of the House of Delegates, upon approval of the House committee on rules, shall have authority to employ such staff personnel during and between sessions of the Legislature as shall be needed, in addition to personnel designated in the House resolution, and the compensation of all personnel shall be as fixed in such House resolution for the session, or fixed by the Speaker, with the approval of the House committee on rules, during and between sessions of the Legislature, notwithstanding such House resolution. The Clerk of the House of Delegates is hereby authorized to draw requisitions upon the Auditor for such services, payable out of the appropriation for the Compensation and Per Diem of Officers and Employees or Current Expenses and Contingent Fund of the House of Delegates.

            For duties imposed by law and by the House of Delegates, including salary allowed by law as keeper of the rolls, the Clerk of the House of Delegates shall be paid a monthly salary as provided in the House resolution, unless increased between sessions under the authority of the Speaker, with the approval of the House committee on rules, and payable out of the appropriation for Compensation and Per Diem of Officers and Employees or Current Expenses and Contingent Fund of the House of Delegates.

            Included in the above appropriation for House of Delegates (fund 0170, appropriation 02100), an amount not less than $5,000 is to be used for the West Virginia Academy of Family Physicians - Doc of the Day Program.


3 - Joint Expenses

(WV Code Chapter 4)

Fund 0175 FY 2017 Org 2300


Joint Committee on Government and Finance (R)..........................   10400          $                6,758,015

Legislative Printing (R)......................................................................   10500                              760,000

Legislative Rule-Making Review Committee (R) ............................   10600                              147,250

Legislative Computer System (R).....................................................   10700                              902,500

BRIM Premium (R)...........................................................................   91300                                 27,692

     Total..............................................................................................                      $                8,595,457

            The appropriations for the joint expenses for the fiscal year 2016 are to remain in full force and effect and are hereby reappropriated to June 30, 2017, with the exception of fund 0175, fiscal year 2016, appropriation 10400 ($343,818) which shall expire on June 30, 2016. Any balances reappropriated may be transferred and credited to the fiscal year 2016 accounts.

            Upon the written request of the Clerk of the Senate, with the approval of the President of the Senate, and the Clerk of the House of Delegates, with the approval of the Speaker of the House of Delegates, and a copy to the Legislative Auditor, the Auditor shall transfer amounts between items of the total appropriation in order to protect or increase the efficiency of the service.

            The appropriation for the Tax Reduction and Federal Funding Increased Compliance (TRAFFIC) (fund 0175, appropriation 64200) is intended for possible general state tax reductions or the offsetting of any reductions in federal funding for state programs.


JUDICIAL

4 - Supreme Court –

General Judicial

Fund 0180 FY 2017 Org 2400


Personal Services and Employee Benefits (R)................................   00100          $            101,924,358

Children’s Protection Act (R)............................................................   09000                           2,900,000

Current Expenses (R).......................................................................   13000                         32,498,862

Repairs and Alterations (R)...............................................................   06400                              736,450

Equipment (R)...................................................................................   07000                           1,800,000

Judges’ Retirement System (R).......................................................   11000                              900,000

Buildings (R)......................................................................................   25800                              100,000

Other Assets (R)...............................................................................   69000                              500,000

BRIM Premium (R)...........................................................................   91300                               400,000

     Total..............................................................................................                      $            141,759,670

            The appropriations to the Supreme Court of Appeals for the fiscal years 2015 and 2016 are to remain in full force and effect and are hereby reappropriated to June 30, 2017. Any balances so reappropriated may be transferred and credited to the fiscal year 2016 accounts.

            This fund shall be administered by the Administrative Director of the Supreme Court of Appeals, who shall draw requisitions for warrants in payment in the form of payrolls, making deductions there from as required by law for taxes and other items.

            The appropriation for the Judges’ Retirement System (fund 0180, appropriation 11000) is to be transferred to the Consolidated Public Retirement Board, in accordance with the law relating thereto, upon requisition of the Administrative Director of the Supreme Court of Appeals.


EXECUTIVE

5 - Governor’s Office

(WV Code Chapter 5)

Fund 0101 FY 2017 Org 0100


Personal Services and Employee Benefits......................................   00100          $                3,143,970

Current Expenses (R).......................................................................   13000                           1,030,192

Repairs and Alterations.....................................................................   06400                                  2,000

National Governors Association........................................................   12300                                60,700

Herbert Henderson Office of Minority Affairs..................................   13400                              156,726

Southern Governors’ Association.....................................................   31400                                40,000

BRIM Premium.................................................................................   91300                               151,851

     Total..............................................................................................                      $                4,585,439

            Any unexpended balances remaining in the appropriations for Unclassified (fund 0101, appropriation 09900), Current Expenses (fund 0101, appropriation 13000), and JOBS Fund (fund 0101, appropriation 66500) at the close of the fiscal year 2016 are hereby reappropriated for expenditure during the fiscal year 2017, with the exception of fund 0101, fiscal year 2016, appropriation 13000 ($115,266) which shall expire on June 30, 2016.


            Included in the above appropriation to Personal Services and Employee Benefits (fund 0101, appropriation 00100), is $150,000 for the Salary of the Governor.

            The above appropriation for Herbert Henderson Office of Minority Affairs (fund 0101, appropriation 13400) shall be transferred to the Minority Affairs Fund (fund 1058).


6 - Governor’s Office –

Custodial Fund

(WV Code Chapter 5)

Fund 0102 FY 2017 Org 0100


Personal Services and Employee Benefits......................................   00100          $                   353,714

Current Expenses (R).......................................................................   13000                              214,166

Repairs and Alterations.....................................................................   06400                                   5,000

     Total..............................................................................................                      $                   572,880

            Any unexpended balance remaining in the appropriation for Current Expenses (fund 0102, appropriation 13000) at the close of the fiscal year 2016 is hereby reappropriated for expenditure during the fiscal year 2017.

            Appropriations are to be used for current general expenses, including compensation of employees, household maintenance, cost of official functions and additional household expenses occasioned by such official functions.


7 - Governor’s Office –

Civil Contingent Fund

(WV Code Chapter 5)

Fund 0105 FY 2017 Org 0100


            Any unexpended balances remaining in the appropriations for Business and Economic Development Stimulus Surplus (fund 0105, appropriation 08400), Civil Contingent Fund Total (fund 0105, appropriation 11400), 2012 Natural Disasters – Surplus (fund 0105, appropriation 13500), Civil Contingent Fund Total Surplus (fund 0105, appropriation 23800), Civil Contingent Fund Surplus (fund 0105, appropriation 26300), Business and Economic Development Stimulus (fund 0105, appropriation 58600), Civil Contingent Fund (fund 0105, appropriation 61400), and Natural Disasters – Surplus (fund 0105, appropriation 76400) at the close of the fiscal year 2016 are hereby reappropriated for expenditure during the fiscal year 2017.

            From this fund there may be expended, at the discretion of the Governor, an amount not to exceed $1,000 as West Virginia’s contribution to the interstate oil compact commission.

            The above fund is intended to provide contingency funding for accidental, unanticipated, emergency or unplanned events which may occur during the fiscal year and is not to be expended for the normal day-to-day operations of the Governor’s Office.


8 - Auditor’s Office –

General Administration

(WV Code Chapter 12)

Fund 0116 FY 2017 Org 1200


Personal Services and Employee Benefits......................................   00100          $                3,045,474

Current Expenses (R).......................................................................   13000                                10,622

BRIM Premium.................................................................................   91300                                 10,451

     Total..............................................................................................                      $                3,066,547

            Any unexpended balance remaining in the appropriation for Current Expenses (fund 0116, appropriation 13000) at the close of the fiscal year 2016 is hereby reappropriated for expenditure during the fiscal year 2017.

            Included in the above appropriation to Personal Services and Employee Benefits (fund 0116, appropriation 00100), is $95,000 for the Salary of the Auditor.


9 - Treasurer’s Office

(WV Code Chapter 12)

Fund 0126 FY 2017 Org 1300


Personal Services and Employee Benefits......................................   00100          $                2,707,357

Unclassified.......................................................................................   09900                                32,258

Current Expenses (R).......................................................................   13000                              521,710

Abandoned Property Program..........................................................   11800                              158,806

Other Assets......................................................................................   69000                                  5,000

BRIM Premium.................................................................................   91300                                 30,809

     Total..............................................................................................                      $                3,455,940

            Any unexpended balances remaining in the appropriations for Current Expenses (fund 0126, appropriation 13000) and Tuition Trust Fund (fund 0126, appropriation 69200) at the close of the fiscal year 2016 are hereby reappropriated for expenditure during the fiscal year 2017, with the exception of fund 0126, fiscal year 2016, appropriation 13000 ($11,476) and fund 0126, fiscal year 2016, appropriation 69200 ($73,207) which shall expire on June 30, 2016.

            Included in the above appropriation to Personal Services and Employee Benefits (fund 0126, appropriation 00100), is $95,000 for the Salary of the Treasurer.


10 - Department of Agriculture

(WV Code Chapter 19)

Fund 0131 FY 2017 Org 1400


Personal Services and Employee Benefits......................................   00100          $                5,858,787

Animal Identification Program...........................................................   03900                              137,743

State Farm Museum.........................................................................   05500                                99,500

Current Expenses (R).......................................................................   13000                              171,664

Repairs and Alterations.....................................................................   06400                                  9,037

Gypsy Moth Program (R).................................................................   11900                           1,058,341

Huntington Farmers Market..............................................................   12800                                42,111

Black Fly Control...............................................................................   13700                              511,089

Donated Foods Program...................................................................   36300                                50,000

Predator Control (R)..........................................................................   47000                              200,000

Logan Farmers Market.....................................................................   50100                                47,408

Bee Research...................................................................................   69100                                75,222

Charleston Farmers Market..............................................................   74600                                80,986

Microbiology Program (R)................................................................   78500                              111,508

Moorefield Agriculture Center (R).....................................................   78600                           1,038,512

Chesapeake Bay Watershed............................................................   83000                              116,568

Livestock Care Standards Board......................................................   84300                                10,000

BRIM Premium.................................................................................   91300                              120,202

Threat Preparedness.........................................................................   94200                                78,460

WV Food Banks................................................................................   96900                              140,000

Senior’s Farmers’ Market Nutrition Coupon Program......................   97000                                 62,027

     Total..............................................................................................                      $              10,019,165

            Any unexpended balances remaining in the appropriations for Unclassified Surplus (fund 0131, appropriation 09700), Gypsy Moth Program (fund 0131, appropriation 11900), Current Expenses (fund 0131, appropriation 13000), Predator Control (fund 0131, appropriation 47000), Capital Outlay, Repairs and Equipment – Surplus (fund 0131, appropriation 67700), Capital Outlay and Maintenance (fund 0131, appropriation 75500), Microbiology Program (fund 0131, appropriation 78500), Moorefield Agriculture Center (fund 0131, appropriation 78600), and Agricultural Disaster and Mitigation Needs Surplus (fund 0131, appropriation 85000) at the close of the fiscal year 2016 are hereby reappropriated for expenditure during the fiscal year 2017, with the exception of fund 0131, fiscal year 2016, appropriation 11900 ($101,180), fund 0131, fiscal year 2016, appropriation 13000 ($93,162), fund 0131, fiscal year 2016, appropriation 78500 ($4,604), and fund 0131, fiscal year 2016, appropriation 78600 ($43,099) which shall expire on June 30, 2016.

            Included in the above appropriation to Personal Services and Employee Benefits (fund 0131, appropriation 00100), is $95,000 for the Salary of the Commissioner.

            The above appropriation for Predator Control (fund 0131, appropriation 47000) is to be made available to the United States Department of Agriculture, Wildlife Services to administer the Predator Control Program.

            A portion of the Current Expenses appropriation may be transferred to a special revenue fund for the purpose of matching federal funds for marketing and development activities.

            From the above appropriation for WV Food Banks (fund 0131, appropriation 96900), $20,000 is for House of Hope and the remainder of the appropriation shall be allocated to the Huntington Food Bank and the Mountaineer Food Bank in Braxton County.


11 - West Virginia Conservation Agency

(WV Code Chapter 19)

Fund 0132 FY 2017 Org 1400


Personal Services and Employee Benefits......................................   00100          $                   730,202

Unclassified (R).................................................................................   09900                                80,015

Current Expenses (R).......................................................................   13000                              337,320

Repairs and Alterations.....................................................................   06400                                       56

Soil Conservation Projects (R)..........................................................   12000                           6,861,510

BRIM Premium.................................................................................   91300                                 26,326

     Total..............................................................................................                      $                8,035,429

            Any unexpended balances remaining in the appropriations for Unclassified (fund 0132, appropriation 09900), Soil Conservation Projects (fund 0132, appropriation 12000), and Current Expenses (fund 0132, appropriation 13000) at the close of the fiscal year 2016 are hereby reappropriated for expenditure during the fiscal year 2017, with the exception of fund 0132, fiscal year 2016, appropriation 12000 ($313,452) which shall expire on June 30, 2016.


12 - Department of Agriculture –

Meat Inspection Fund

(WV Code Chapter 19)

Fund 0135 FY 2017 Org 1400


Personal Services and Employee Benefits......................................   00100          $                   624,268

Unclassified.......................................................................................   09900                                  7,182

Current Expenses.............................................................................   13000                                 96,344

     Total..............................................................................................                      $                   727,794

            Any part or all of this appropriation may be transferred to a special revenue fund for the purpose of matching federal funds for the above-named program.


13 - Department of Agriculture –

Agricultural Awards Fund

(WV Code Chapter 19)

Fund 0136 FY 2017 Org 1400


Programs and Awards for 4-H Clubs and FFA/FHA........................   57700          $                     15,000

Commissioner’s Awards and Programs...........................................   73700                                 39,250

     Total..............................................................................................                      $                     54,250


14 - Department of Agriculture –

West Virginia Agricultural Land Protection Authority

(WV Code Chapter 8A)

Fund 0607 FY 2017 Org 1400


Personal Services and Employee Benefits......................................   00100          $                     97,552

Unclassified.......................................................................................   09900                                      950

     Total..............................................................................................                      $                     98,502


15 - Attorney General

(WV Code Chapters 5, 14, 46A and 47)

Fund 0150 FY 2017 Org 1500


Personal Services and Employee Benefits (R)................................   00100          $                2,859,112

Unclassified (R).................................................................................   09900                                49,576

Current Expenses (R).......................................................................   13000                               592,997

Repairs and Alterations.....................................................................   06400                                  5,000

Equipment.........................................................................................   07000                                33,000

Criminal Convictions and Habeas Corpus Appeals (R)....................   26000                           1,058,264

Better Government Bureau...............................................................   74000                              273,416

BRIM Premium.................................................................................   91300                               105,000

     Total..............................................................................................                      $                4,976,365

            Any unexpended balances remaining in the above appropriations for Personal Services and Employee Benefits (fund 0150, appropriation 00100), Unclassified (fund 0150, appropriation 09900), Current Expenses (fund 0150, appropriation 13000), Criminal Convictions and Habeas Corpus Appeals (fund 0150, appropriation 26000), and Agency Client Revolving Liquidity Pool (fund 0150, appropriation 36200) at the close of the fiscal year 2016 are hereby reappropriated for expenditure during the fiscal year 2017, with the exception of fund 0150, fiscal year 2016, appropriation 00100 ($206,569) which shall expire on June 30, 2016.

            Included in the above appropriation to Personal Services and Employee Benefits (fund 0150, appropriation 00100), is $95,000 for the Salary of the Attorney General.

            When legal counsel or secretarial help is appointed by the Attorney General for any state spending unit, this account shall be reimbursed from such spending units specifically appropriated account or from accounts appropriated by general language contained within this bill: Provided, That the spending unit shall reimburse at a rate and upon terms agreed to by the state spending unit and the Attorney General: Provided, however, That if the spending unit and the Attorney General are unable to agree on the amount and terms of the reimbursement, the spending unit and the Attorney General shall submit their proposed reimbursement rates and terms to the Governor for final determination.


16 - Secretary of State

(WV Code Chapters 3, 5 and 59)

Fund 0155 FY 2017 Org 1600


Personal Services and Employee Benefits......................................   00100          $                   118,148

Unclassified (R).................................................................................   09900                                10,821

Current Expenses (R).......................................................................   13000                              932,352

BRIM Premium.................................................................................   91300                                 20,000

     Total..............................................................................................                      $                1,081,321

            Any unexpended balances remaining in the appropriations for Unclassified (fund 0155, appropriation 09900), Current Expenses (fund 0155, appropriation 13000), and Technology Improvements Surplus (fund 0155, appropriation 72500) at the close of the fiscal year 2016 are hereby reappropriated for expenditure during the fiscal year 2017, with the exception of fund 0155, fiscal year 2016, appropriation 13000 ($45,439) which shall expire on June 30, 2016.

            Included in the above appropriation to Personal Services and Employee Benefits (fund 0155, appropriation 00100), is $95,000 for the Salary of the Secretary of State.


17 - State Election Commission

(WV Code Chapter 3)

Fund 0160 FY 2017 Org 1601


Personal Services and Employee Benefits......................................   00100          $                       2,477

Unclassified.......................................................................................   09900                                       83

Current Expenses.............................................................................   13000                                   5,782

     Total..............................................................................................                      $                       8,342


DEPARTMENT OF ADMINISTRATION

18 - Department of Administration –

Office of the Secretary

(WV Code Chapter 5F)

Fund 0186 FY 2017 Org 0201


Personal Services and Employee Benefits......................................   00100          $                   584,397

Unclassified.......................................................................................   09900                                  9,177

Current Expenses.............................................................................   13000                              102,470

Repairs and Alterations.....................................................................   06400                                     100

Equipment.........................................................................................   07000                                  1,000

Financial Advisor (R).........................................................................   30400                              100,546

Lease Rental Payments....................................................................   51600                         15,000,000

Design-Build Board...........................................................................   54000                                  4,000

Other Assets......................................................................................   69000                                     100

BRIM Premium.................................................................................   91300                                   4,000

     Total..............................................................................................                      $              15,805,790

            Any unexpended balance remaining in the appropriation for Financial Advisor (fund 0186, appropriation 30400) at the close of the fiscal year 2016 is hereby reappropriated for expenditure during the fiscal year 2017, with the exception of fund 0186, fiscal year 2016, appropriation 30400 ($10,000) which shall expire on June 30, 2016.

            The appropriation for Lease Rental Payments (fund 0186, appropriation 51600) shall be disbursed as provided by W.Va. Code §31-15-6b.


19 - Consolidated Public Retirement Board

(WV Code Chapter 5)

Fund 0195 FY 2017 Org 0205


            The Division of Highways, Division of Motor Vehicles, Public Service Commission and other departments, bureaus, divisions, or commissions operating from special revenue funds and/or federal funds shall pay their proportionate share of the retirement costs for their respective divisions. When specific appropriations are not made, such payments may be made from the balances in the various special revenue funds in excess of specific appropriations.


20 - Division of Finance

(WV Code Chapter 5A)

Fund 0203 FY 2017 Org 0209


Personal Services and Employee Benefits......................................   00100          $                     91,583

Unclassified.......................................................................................   09900                                  2,400

Current Expenses.............................................................................   13000                                84,462

Repairs and Alterations.....................................................................   06400                                  1,500

Equipment.........................................................................................   07000                                  1,000

GAAP Project (R).............................................................................   12500                              593,062

Other Assets......................................................................................   69000                                  2,000

BRIM Premium.................................................................................   91300                                   4,526

     Total..............................................................................................                      $                   780,533

            Any unexpended balance remaining in the appropriation for GAAP Project (fund 0203, appropriation 12500) at the close of the fiscal year 2016 is hereby reappropriated for expenditure during the fiscal year 2017.


21 - Division of General Services

(WV Code Chapter 5A)

Fund 0230 FY 2017 Org 0211


Personal Services and Employee Benefits......................................   00100          $                2,586,763

Current Expenses.............................................................................   13000                              880,865

Repairs and Alterations.....................................................................   06400                                     500

Equipment.........................................................................................   07000                                  5,000

Fire Service Fee................................................................................   12600                                14,000

Buildings (R)......................................................................................   25800                                     500

Preservation and Maintenance of Statues and Monuments

     on Capitol Grounds.......................................................................   37100                                68,000

Capital Outlay, Repairs and Equipment (R).....................................   58900                           4,122,932

Other Assets......................................................................................   69000                                     500

Land (R)............................................................................................   73000                                     500

BRIM Premium.................................................................................   91300                               112,481

     Total..............................................................................................                      $                7,792,041

            Any unexpended balances remaining in the above appropriations for Buildings (fund 0230, appropriation 25800), Capital Outlay, Repairs and Equipment (fund 0230, appropriation 58900), Capital Outlay, Repairs and Equipment – Surplus (fund 0230, appropriation 67700), and Land (fund 0230, appropriation 73000) at the close of the fiscal year 2016 are hereby reappropriated for expenditure during the fiscal year 2017, with the exception of fund 0230, fiscal year 2016, appropriation 58900 ($552,068) which shall expire on June 30, 2016.

            From the above appropriation for Preservation and Maintenance of Statues and Monuments on Capitol Grounds (fund 0230, appropriation 37100), the Division shall consult the Division of Culture and History and Capitol Building Commission in all aspects of planning, assessment, maintenance and restoration.

            The above appropriation for Capital Outlay, Repairs and Equipment (fund 0230, appropriation 58900) shall be expended for capital improvements, maintenance, repairs and equipment for state-owned buildings.


22 - Division of Purchasing

(WV Code Chapter 5A)

.... Fund 0210 FY 2017 Org 0213


Personal Services and Employee Benefits......................................   00100          $                1,006,598

Unclassified.......................................................................................   09900                                  1,444

Current Expenses.............................................................................   13000                                24,070

Repairs and Alterations.....................................................................   06400                                     700

Equipment.........................................................................................   07000                                  1,000

Other Assets......................................................................................   69000                                  1,000

BRIM Premium.................................................................................   91300                                   6,167

     Total..............................................................................................                      $                1,040,979           The division of highways shall reimburse Fund 2031 within the Division of Purchasing for all actual expenses incurred pursuant to the provisions of W.Va. Code §17-2A-13.


23 - Travel Management

(WV Code Chapter 5A)

Fund 0615 FY 2017 Org 0215


Personal Services and Employee Benefits......................................   00100          $                   875,056

Unclassified.......................................................................................   09900                                13,283

Current Expenses.............................................................................   13000                              448,447

Equipment.........................................................................................   07000                                  5,000

Buildings (R)......................................................................................   25800                                     100

Other Assets......................................................................................   69000                                      100

     Total..............................................................................................                      $                1,341,986

            Any unexpended balance remaining in the appropriation for Buildings (fund 0615, appropriation 25800) at the close of the fiscal year 2016 is hereby reappropriated for expenditure during the fiscal year 2017.


24 - Commission on Uniform State Laws

(WV Code Chapter 29)

Fund 0214 FY 2017 Org 0217


Current Expenses.............................................................................   13000          $                     45,550

            To pay expenses for members of the commission on uniform state laws.


25 - West Virginia Public Employees Grievance Board

(WV Code Chapter 6C)

Fund 0220 FY 2017 Org 0219


Personal Services and Employee Benefits......................................   00100          $                   918,852

Unclassified.......................................................................................   09900                                  1,000

Current Expenses.............................................................................   13000                              165,806

Equipment.........................................................................................   07000                                       50

BRIM Premium.................................................................................   91300                                   7,803

     Total..............................................................................................                      $                1,093,511


26 - Ethics Commission

(WV Code Chapter 6B)

Fund 0223 FY 2017 Org 0220


Personal Services and Employee Benefits......................................   00100          $                   569,502

Unclassified.......................................................................................   09900                                  4,500

Current Expenses.............................................................................   13000                              123,343

Repairs and Alterations.....................................................................   06400                                     500

Other Assets......................................................................................   69000                                     100

BRIM Premium.................................................................................   91300                                   7,987

     Total..............................................................................................                      $                   705,932


27 - Public Defender Services

(WV Code Chapter 29)

Fund 0226 FY 2017 Org 0221


Personal Services and Employee Benefits......................................   00100          $                1,364,314

Unclassified ......................................................................................   09900                              314,700


Current Expenses.............................................................................   13000                                45,840

Public Defender Corporations...........................................................   35200                         19,199,374

Appointed Counsel Fees (R).............................................................   78800                         10,723,115

BRIM Premium.................................................................................   91300                                   8,884

     Total..............................................................................................                      $              31,656,227

            Any unexpended balance remaining in the above appropriation for Appointed Counsel Fees (fund 0226, appropriation 78800) at the close of the fiscal year 2016 is hereby reappropriated for expenditure during the fiscal year 2017.

            The director shall have the authority to transfer funds from the appropriation to Public Defender Corporations (fund 0226, appropriation 35200) to Appointed Counsel Fees (fund 0226, appropriation 78800).


28 - Committee for the Purchase of

Commodities and Services from the Handicapped

(WV Code Chapter 5A)

Fund 0233 FY 2017 Org 0224


Personal Services and Employee Benefits......................................   00100          $                       3,187

Current Expenses.............................................................................   13000                                      868

     Total..............................................................................................                      $                       4,055


29 - Public Employees Insurance Agency

(WV Code Chapter 5)

Fund 0200 FY 2017 Org 0225


Public Employees’ Insurance Matching.................................... 01200                  $                              0

            The Division of Highways, Division of Motor Vehicles, Public Service Commission and other departments, bureaus, divisions, or commissions operating from special revenue funds and/or federal funds shall pay their proportionate share of the public employees health insurance cost for their respective divisions.


30 - West Virginia Prosecuting Attorneys Institute

(WV Code Chapter 7)

Fund 0557 FY 2017 Org 0228


Forensic Medical Examinations (R)..................................................   68300          $                   141,094

Federal Funds/Grant Match (R)........................................................   74900                               101,037

     Total..............................................................................................                      $                   242,131

            Any unexpended balances remaining in the appropriations for Forensic Medical Examinations (fund 0557, appropriation 68300) and Federal Funds/Grant Match (fund 0557, appropriation 74900) at the close of the fiscal year 2016 are hereby reappropriated for expenditure during the fiscal year 2017.


31 - Real Estate Division

(WV Code Chapter 5A)

Fund 0610 FY 2017 Org 0233


Personal Services and Employee Benefits......................................   00100          $                   670,168

Unclassified.......................................................................................   09900                                  1,000

Current Expenses.............................................................................   13000                              168,046

Repairs and Alterations.....................................................................   06400                                     100

Equipment.........................................................................................   07000                                  2,500

BRIM Premium.................................................................................   91300                                   4,200

     Total..............................................................................................                      $                   846,014


DEPARTMENT OF COMMERCE

32 - Division of Forestry

(WV Code Chapter 19)

Fund 0250 FY 2017 Org 0305


Personal Services and Employee Benefits......................................   00100          $                2,628,783

Unclassified.......................................................................................   09900                                21,435

Current Expenses.............................................................................   13000                              750,742

Repairs and Alterations.....................................................................   06400                                80,000

Equipment (R)...................................................................................   07000                                73,000

BRIM Premium.................................................................................   91300                                 85,000

     Total..............................................................................................                      $                3,638,960

            Any unexpended balance remaining in the appropriation for Equipment (fund 0250, appropriation 07000) at the close of the fiscal year 2016 is hereby reappropriated for expenditure during the fiscal year 2017, with the exception of fund 0250, fiscal year 2016, appropriation 07000 ($27,000) which shall expire on June 30, 2016.

            Out of the above appropriations a sum may be used to match federal funds for cooperative studies or other funds for similar purposes.


33 - Geological and Economic Survey

(WV Code Chapter 29)

Fund 0253 FY 2017 Org 0306


Personal Services and Employee Benefits......................................   00100          $                1,606,686

Unclassified.......................................................................................   09900                                28,799

Current Expenses.............................................................................   13000                                73,149

Repairs and Alterations.....................................................................   06400                                     968

Mineral Mapping System (R)............................................................   20700                           1,161,131

BRIM Premium.................................................................................   91300                                 20,950

     Total..............................................................................................                      $                2,891,683

            Any unexpended balance remaining in the appropriation for Mineral Mapping System (fund 0253, appropriation 20700) at the close of the fiscal year 2016 is hereby reappropriated for expenditure during the fiscal year 2017, with the exception of fund 0253, fiscal year 2016, appropriation 20700 ($60,767) which shall expire on June 30, 2016.

            The above Unclassified and Current Expenses appropriations include funding to secure federal and other contracts and may be transferred to a special revolving fund (fund 3105) for the purpose of providing advance funding for such contracts.


34 - West Virginia Development Office

(WV Code Chapter 5B)

Fund 0256 FY 2017 Org 0307


Personal Services and Employee Benefits......................................   00100          $                4,210,888

ARC-WV Home of Your Own Alliance.............................................   04800                                32,394

Unclassified.......................................................................................   09900                              128,379

Current Expenses.............................................................................   13000                           2,038,482

Southern WV Career Center.............................................................   07100                              398,246

National Youth Science Camp..........................................................   13200                              246,500

Local Economic Development Partnerships (R)..............................   13300                           1,584,000

ARC Assessment..............................................................................   13600                              152,585

Mid-Atlantic Aerospace Complex.....................................................   23100                              143,169

Guaranteed Work Force Grant (R)...................................................   24200                              990,547

Robert C. Byrd Institute for Advanced/Flexible

     Manufacturing - Technology Outreach and Programs

     for Environmental and Advanced Technologies..........................   36700                              420,964

Chemical Alliance Zone....................................................................   39000                                38,495

WV High Tech Consortium...............................................................   39100                              190,950

Regional Contracting Assistance Center..........................................   41800                              199,886

Highway Authorities..........................................................................   43100                              702,795

International Offices (R)....................................................................   59300                              508,672

WV Manufacturing Extension Partnership........................................   73100                              116,619

Polymer Alliance...............................................................................   75400                                93,133

Regional Councils.............................................................................   78400                              356,337

Mainstreet Program..........................................................................   79400                              167,618

National Institute of Chemical Studies..............................................   80500                                57,095

I-79 Development Council................................................................   82400                                44,444

Mingo County Post Mine Land Use Projects ...................................   84100                              240,000

BRIM Premium.................................................................................   91300                                25,052

Hatfield McCoy Recreational Trail....................................................   96000                              202,464

Hardwood Alliance Zone...................................................................   99200                                 34,500

     Total..............................................................................................                      $              13,324,214

            Any unexpended balances remaining in the appropriations for Unclassified – Surplus (fund 0256, appropriation 09700), Partnership Grants (fund 0256, appropriation 13100), Local Economic Development Partnerships (fund 0256, appropriation 13300), Guaranteed Work Force Grant (fund 0256, appropriation 24200), Industrial Park Assistance (fund 0256, appropriation 48000), Small Business Development (fund 0256, appropriation 70300), Local Economic Development Assistance (fund 0256, appropriation 81900), and 4-H Camp Improvements (fund 0256, appropriation 94100) at the close of the fiscal year 2016 are hereby reappropriated for expenditure during the fiscal year 2017.

            The above appropriation to Local Economic Development Partnerships (fund 0256, appropriation 13300) shall be used by the West Virginia Development Office for the award of funding assistance to county and regional economic development corporations or authorities participating in the certified development community program developed under the provisions of W.Va. Code §5B-2-14. The West Virginia Development Office shall award the funding assistance through a matching grant program, based upon a formula whereby funding assistance may not exceed $34,000 per county served by an economic development or redevelopment corporation or authority.

            From the above appropriation for Highway Authorities (fund 0256, appropriation 43100), $102,286 is for King Coal Highway Authority; $102,286 is for Coal Field Expressway Authority; $163,659 is for Coal Heritage Area Authority; $40,915 is for Little Kanawha River Parkway; $73,646 is for Midland Trail Scenic Highway Association; $46,642 is for Shawnee Parkway Authority; $81,829 is for Corridor G Regional Development Authority; $50,616 is for Corridor H Authority; and $40,916 is for Route 2 I68 Highway Authority.


35 - Division of Labor

(WV Code Chapters 21 and 47)

Fund 0260 FY 2017 Org 0308


Personal Services and Employee Benefits......................................   00100          $                2,129,007

Unclassified.......................................................................................   09900                                27,904

Current Expenses.............................................................................   13000                              619,527

Repairs and Alterations.....................................................................   06400                                30,000

Equipment.........................................................................................   07000                                10,000

BRIM Premium.................................................................................   91300                                 22,752

     Total..............................................................................................                      $                2,839,190


36 - Division of Labor –

Occupational Safety and Health Fund

(WV Code Chapter 21)

Fund 0616 FY 2017 Org 0308


Personal Services and Employee Benefits......................................   00100          $                     74,883

Current Expenses.............................................................................   13000                                79,963

Repairs and Alterations.....................................................................   06400                                     500

Equipment.........................................................................................   07000                                     500

BRIM Premium.................................................................................   91300                                      985

     Total..............................................................................................                      $                   156,831


37 - Division of Natural Resources

(WV Code Chapter 20)

Fund 0265 FY 2017 Org 0310


Personal Services and Employee Benefits......................................   00100          $              15,898,788

Unclassified.......................................................................................   09900                                11,220

Current Expenses.............................................................................   13000                                57,416

Repairs and Alterations.....................................................................   06400                                     100

Equipment.........................................................................................   07000                                     100

Buildings (R)......................................................................................   25800                                     100

Litter Control Conservation Officers.................................................   56400                              143,950

Upper Mud River Flood Control........................................................   65400                              163,620

Other Assets......................................................................................   69000                                     100

Land (R)............................................................................................   73000                                     100

Law Enforcement..............................................................................   80600                           2,671,687

BRIM Premium.................................................................................   91300                               293,374

     Total..............................................................................................                      $              19,240,555

            Any unexpended balances remaining in the appropriations for Buildings (fund 0265, appropriation 25800), Land (fund 0265, appropriation 73000), and State Park Improvements – Surplus (fund 0265, appropriation 76300) at the close of the fiscal year 2016 are hereby reappropriated for expenditure during the fiscal year 2017, with the exception of fund 0265, fiscal year 2016, appropriation 25800 ($300) and fund 0265, fiscal year 2016, appropriation 73000 ($300) which shall expire on June 30, 2016.

            Any revenue derived from mineral extraction at any state park shall be deposited in a special revenue account of the division of natural resources, first for bond debt payment purposes and with any remainder to be for park operation and improvement purposes.


38 - Division of Miners' Health, Safety and Training

(WV Code Chapter 22)

Fund 0277 FY 2017 Org 0314


Personal Services and Employee Benefits......................................   00100          $                9,890,848

Unclassified.......................................................................................   09900                              120,000

Current Expenses.............................................................................   13000                           1,870,667

Coal Dust and Rock Dust Sampling.................................................   27000                              477,988

BRIM Premium.................................................................................   91300                                 68,134

     Total..............................................................................................                      $              12,427,637

            Included in the above appropriation for Current Expenses (fund 0277, appropriation 13000) is $500,000 for the Southern West Virginia Community and Technical College Mine Rescue and Rapid Response Team.


39 - Board of Coal Mine Health and Safety

(WV Code Chapter 22)

Fund 0280 FY 2017 Org 0319


Personal Services and Employee Benefits......................................   00100          $                   227,655

Unclassified.......................................................................................   09900                                  3,624

Current Expenses.............................................................................   13000                               132,240

     Total..............................................................................................                      $                   363,519


40 - WorkForce West Virginia

(WV Code Chapter 23)

Fund 0572 FY 2017 Org 0323


Personal Services and Employee Benefits......................................   00100          $                     53,059

Unclassified.......................................................................................   09900                                     627

Current Expenses.............................................................................   13000                                   8,695

     Total..............................................................................................                      $                     62,381


41 - Department of Commerce –

Office of the Secretary

(WV Code Chapter 19)

Fund 0606 FY 2017 Org 0327


Personal Services and Employee Benefits......................................   00100          $                   346,942

Unclassified.......................................................................................   09900                                  3,500

Current Expenses.............................................................................   13000                                 29,560

     Total..............................................................................................                      $                   380,002


42 - Department of Commerce –

Office of the Secretary –

Office of Economic Opportunity

Fund 0617 FY 2017 Org 0327


Office of Economic Opportunity.......................................................   03400          $                     98,350


43 - Division of Energy

(WV Code Chapter 5H)

Fund 0612 FY 2017 Org 0328


Personal Services and Employee Benefits......................................   00100          $                   196,280

Unclassified.......................................................................................   09900                                15,518

Current Expenses.............................................................................   13000                           1,337,905

BRIM Premium.................................................................................   91300                                   3,297

     Total..............................................................................................                      $                1,553,000

            From the above appropriation for Current Expenses (fund 0612, appropriation 13000) $593,375 is for West Virginia University and $593,375 is for Southern West Virginia Community and Technical College for the Mine Training and Energy Technologies Academy.


DEPARTMENT OF EDUCATION

44 - State Board of Education –

School Lunch Program

(WV Code Chapters 18 and 18A)

Fund 0303 FY 2017 Org 0402


Personal Services and Employee Benefits......................................   00100          $                   321,931

Current Expenses.............................................................................   13000                            2,118,490

     Total..............................................................................................                      $                2,440,421


45 - State Board of Education –

State FFA-FHA Camp and Conference Center

(WV Code Chapters 18 and 18A)

Fund 0306 FY 2017 Org 0402

Personal Services and Employee Benefits......................................   00100                              600,273

Current Expenses.............................................................................   13000                              128,033

BRIM Premium.................................................................................   91300                                 21,694

     Total..............................................................................................                      $                   750,000

 

 

 

46 - State Board of Education –

State Department of Education

(WV Code Chapters 18 and 18A)

Fund 0313 FY 2017 Org 0402


Personal Services and Employee Benefits......................................   00100          $                4,278,989

Technology System Specialist..........................................................   06200                           2,000,000

Teachers’ Retirement Savings Realized...........................................   09500                         37,656,000

Unclassified (R).................................................................................   09900                              300,000

Current Expenses (R).......................................................................   13000                           2,579,645

Equipment.........................................................................................   07000                                  5,000

Increased Enrollment........................................................................   14000                           3,430,000

Safe Schools.....................................................................................   14300                           4,980,178

Teacher Mentor (R)..........................................................................   15800                              592,034

Buildings (R)......................................................................................   25800                                  1,000

Allowance for County Transfers.......................................................   26400                              282,732

Technology Repair and Modernization.............................................   29800                              951,003

HVAC Technicians............................................................................   35500                              495,507

Early Retirement Notification Incentive............................................   36600                              300,000

MATH Program.................................................................................   36800                              336,532

Assessment Programs......................................................................   39600                           1,839,588

21st Century Fellows.........................................................................   50700                              274,899

English as a Second Language.........................................................   52800                                96,000

Teacher Reimbursement..................................................................   57300                              297,188

Hospitality Training............................................................................   60000                              267,123

Hi-Y Youth in Government................................................................   61600                              100,000

High Acuity Special Needs (R).........................................................   63400                           1,500,000

Foreign Student Education................................................................   63600                                89,347

Principals Mentorship........................................................................   64900                                69,250

State Board of Education Administrative Costs................................   68400                              366,152

Other Assets......................................................................................   69000                                  1,000

Educational Enhancements..............................................................   69500                              125,000

IT Academy (R)................................................................................   72100                              500,000

Land (R)............................................................................................   73000                                  1,000

Early Literacy Program.....................................................................   75600                           5,700,000

School Based Truancy Prevention (R).............................................   78101                           2,000,000

Innovation in Education.....................................................................   78102                           2,496,144

Elementary/Middle Alternative Schools............................................   83300                              450,000

21st Century Learners (R).................................................................   88600                           2,006,441

Technology Initiatives........................................................................   90100                              100,000

BRIM Premium.................................................................................   91300                              295,036

High Acuity Health Care Needs Program.........................................   92000                              925,000

21st Century Assessment and Professional Development...............   93100                           3,499,007

21st Century Technology Infrastructure Network

     Tools and Support........................................................................   93300                           7,636,586

Regional Education Service Agencies..............................................   97200                           3,543,120

Educational Program Allowance.......................................................   99600                               516,250

     Total..............................................................................................                      $              92,882,751

            The above appropriations include funding for the state board of education and their executive office.

            Any unexpended balances remaining in the appropriations for Unclassified (fund 0313, appropriation 09900), Current Expenses (fund 0313, appropriation 13000), Teacher Mentor (fund 0313, appropriation 15800), National Teacher Certification (fund 0313, appropriation 16100), Buildings (fund 0313, appropriation 25800), High Acuity Special Needs (fund 0313, appropriation 63400), IT Academy (fund 0313, appropriation 72100), Land (fund 0313, appropriation 73000), School Based Truancy Prevention (fund 0313, appropriation 78101), and 21st Century Learners (fund 0313, appropriation 88600) at the close of the fiscal year 2016 are hereby reappropriated for expenditure during the fiscal year 2017, with the exception of fund 0313, fiscal year 2016, appropriation 13000 ($106,923), fund 0313, fiscal year 2016, appropriation 16100 ($150,000), fund 0313, fiscal year 2016, appropriation 72100 ($20,000), fund 0313, fiscal year 2016, appropriation 78101 ($1,400,000), and fund 0313, fiscal year 2016, appropriation 88600 ($68,675) which shall expire on June 30, 2016.

            The above appropriation for Technology System Specialists (fund 0313, appropriation 06200), shall first be used for the continuance of current pilot projects. The remaining balance, if any, may be used to expand the pilot project for additional counties.

            The above appropriation for Teachers’ Retirement Savings Realized (fund 0313, appropriation 09500) shall be transferred to the Employee Pension and Health Care Benefit Fund (fund 2044).

            The above appropriation for Hospitality Training (fund 0313, appropriation 60000), shall be allocated only to entities that have a plan approved for funding by the Department of Education, at the funding level determined by the State Superintendent of Schools. Plans shall be submitted to the State Superintendent of Schools to be considered for funding.

            The above appropriation for Educational Enhancements (fund 0313, appropriation 69500) shall be used for Reconnecting McDowell – Save the Children.

            From the above appropriation for Educational Program Allowance (fund 0313, appropriation 99600), $100,000 shall be expended for Webster County Board of Education for Hacker Valley; $150,000 shall be for the Randolph County Board of Education for Pickens School; $100,000 shall be for the Preston County Board of Education for the Aurora School; $100,000 shall be for the Fayette County Board of Education for Meadow Bridge; and $66,250 is for Project Based Learning in STEM fields.


47 - State Board of Education –

Aid for Exceptional Children

(WV Code Chapters 18 and 18A)

Fund 0314 FY 2017 Org 0402


Special Education Counties...........................................................   15900          $                7,271,757

Special Education Institutions........................................................   16000                           3,748,794

Education of Juveniles Held in Predispositional

     Juvenile Detention Centers..........................................................   30200                              591,646

Education of Institutionalized Juveniles and Adults (R)....................   47200                          17,574,235

     Total..............................................................................................                      $              29,186,432

            Any unexpended balance remaining in the appropriation for Education of Institutionalized Juveniles and Adults (fund 0314, appropriation 47200) at the close of the fiscal year 2016 is hereby reappropriated for expenditure during the fiscal year 2017, with the exception of fund 0314, fiscal year 2016, appropriation 47200 ($173,354) which shall expire on June 30, 2016.

            From the above appropriations, the superintendent shall have authority to expend funds for the costs of special education for those children residing in out-of-state placements.


48 - State Board of Education –

State Aid to Schools

(WV Code Chapters 18 and 18A)

Fund 0317 FY 2017 Org 0402


Other Current Expenses...................................................................   02200          $            152,089,960

Advanced Placement........................................................................   05300                              543,661

Professional Educators.....................................................................   15100                       856,017,057

Service Personnel.............................................................................   15200                       290,711,435

Fixed Charges...................................................................................   15300                       102,033,345

Transportation...................................................................................   15400                         74,729,928

Professional Student Support Services............................................   65500                         36,952,999

Improved Instructional Programs......................................................   15600                         49,131,108

21st Century Strategic Technology Learning Growth......................   93600                          20,756,981

Basic Foundation Allowances...........................................................                                 1,582,966,474

Less Local Share...............................................................................                                   (467,039,269)


Adjustments.......................................................................................                                       (2,527,044)

Total Basic State Aid.........................................................................                                 1,113,400,161

Public Employees’ Insurance Matching............................................   01200                       241,429,043

Teachers’ Retirement System..........................................................   01900                         67,464,000

School Building Authority..................................................................   45300                         23,421,520

Retirement Systems – Unfunded Liability........................................   77500                        320,634,000


     Total..............................................................................................                      $         1,766,348,724

49 - State Board of Education –

Vocational Division

(WV Code Chapters 18 and 18A)

Fund 0390 FY 2017 Org 0402


Personal Services and Employee Benefits......................................   00100          $                1,275,473

Unclassified.......................................................................................   09900                              268,800

Current Expenses.............................................................................   13000                              882,131

Wood Products – Forestry Vocational Program...............................   14600                                67,417

Albert Yanni Vocational Program......................................................   14700                              131,951

Vocational Aid...................................................................................   14800                         22,315,162

Adult Basic Education.......................................................................   14900                           4,523,322

Program Modernization.....................................................................   30500                              884,313

High School Equivalency Diploma Testing (R)................................   72600                              778,815

FFA Grant Awards............................................................................   83900                                11,496

Pre-Engineering Academy Program................................................   84000                               265,294

     Total..............................................................................................                      $              31,404,174

            Any unexpended balances remaining in the appropriations for GED Testing (fund 0390, appropriation 33900) and High School Equivalency Diploma Testing (fund 0390, appropriation 72600) at the close of the fiscal year 2016 is hereby reappropriated for expenditure during the fiscal year 2017, with the exception of fund 0390, fiscal year 2016, appropriation 72600 ($240,037) which shall expire on June 30, 2016.


50 - State Board of Education –

Division of Education Performance Audits

(WV Code Chapters 18 and 18A)

Fund 0573 FY 2017 Org 0402


Personal Services and Employee Benefits......................................   00100          $                   848,582

Unclassified.......................................................................................   09900                                  7,000

Current Expenses.............................................................................   13000                              294,316

Repairs and Alterations.....................................................................   06400                                  1,000

Equipment.........................................................................................   07000                                  1,000

Other Assets......................................................................................   69000                                   1,000

     Total..............................................................................................                      $                1,152,898


51 - State Board of Education –

West Virginia Schools for the Deaf and the Blind

(WV Code Chapters 18 and 18A)

Fund 0320 FY 2017 Org 0403


Personal Services and Employee Benefits......................................   00100          $              11,606,686

Unclassified.......................................................................................   09900                              107,329

Current Expenses.............................................................................   13000                           1,761,169

Repairs and Alterations.....................................................................   06400                              115,000

Equipment.........................................................................................   07000                                35,000

Buildings (R)......................................................................................   25800                                50,000

Capital Outlay and Maintenance (R)................................................   75500                                62,500

BRIM Premium.................................................................................   91300                               102,750

     Total..............................................................................................                      $              13,840,434

            Any unexpended balances remaining in the appropriations for Buildings (fund 0320, appropriation 25800) and Capital Outlay and Maintenance (fund 0320, appropriation 75500) at the close of the fiscal year 2016 are hereby reappropriated for expenditure during the fiscal year 2017.


DEPARTMENT OF EDUCATION AND THE ARTS

52 - Department of Education and the Arts –

Office of the Secretary

(WV Code Chapter 5F)

Fund 0294 FY 2017 Org 0431


Personal Services and Employee Benefits......................................   00100          $                   851,753

Unclassified.......................................................................................   09900                                35,000

Current Expenses.............................................................................   13000                                27,818

Center for Professional Development (R)........................................   11500                           2,208,508

National Youth Science Camp .........................................................   13200                                         0

WV Humanities Council....................................................................   16800                              450,000

Benedum Professional Development Collaborative (R)...................   42700                              505,645

Governor’s Honors Academy (R).....................................................   47800                              997,714

Educational Enhancements..............................................................   69500                                75,000

S.T.E.M. Education and Grant Program (R)....................................   71900                              500,292

Energy Express.................................................................................   86100                              390,750

BRIM Premium.................................................................................   91300                                  4,509

Special Olympic Games...................................................................   96600                                 25,000

     Total..............................................................................................                      $                6,071,989

            Any unexpended balances remaining in the appropriations for Center for Professional Development (fund 0294, appropriation 11500), Benedum Professional Development Collaborative (fund 0294, appropriation 42700), Governor’s Honors Academy (fund 0294, appropriation 47800), and S.T.E.M. Education and Grant Program (fund 0294, appropriation 71900) at the close of the fiscal year 2016 are hereby reappropriated for expenditure during the fiscal year 2017, with the exception of fund 0294, fiscal year 2016, appropriation 11500 ($92,000) and fund 0294, fiscal year 2016, appropriation 42700 ($300,250) which shall expire on June 30, 2016.

            The above appropriation for Educational Enhancements (fund 0294, appropriation 69500) shall be used for the Clay Center.


53 - Division of Culture and History

(WV Code Chapter 29)

Fund 0293 FY 2017 Org 0432


Personal Services and Employee Benefits......................................   00100          $                3,837,234

Unclassified (R).................................................................................   09900                                44,177

Current Expenses.............................................................................   13000                              681,851

Repairs and Alterations.....................................................................   06400                                  1,000

Equipment.........................................................................................   07000                                         1

Buildings (R)......................................................................................   25800                                         1

Other Assets......................................................................................   69000                                         1

Land (R)............................................................................................   73000                                         1

Culture and History Programming....................................................   73200                              236,298

Capital Outlay and Maintenance (R)................................................   75500                                20,000

Historical Highway Marker Program................................................   84400                                58,722

BRIM Premium.................................................................................   91300                                 33,677

     Total..............................................................................................                      $                4,912,963

            Any unexpended balances remaining in the appropriations for Unclassified (fund 0293, appropriation 09900), Buildings (fund 0293, appropriation 25800), Capital Outlay, Repairs and Equipment (fund 0293, appropriation 58900), Capital Improvements – Surplus (fund 0293, appropriation 66100), Capital Outlay, Repairs and Equipment Surplus (fund 0293, appropriation 67700), Land (fund 0293, appropriation 73000), and Capital Outlay and Maintenance (fund 0293, appropriation 75500) at the close of the fiscal year 2016 are hereby reappropriated for expenditure during the fiscal year 2017.

            The Current Expense appropriation includes funding for the arts funds, department programming funds, grants, fairs and festivals and Camp Washington Carver and shall be expended only upon authorization of the division of culture and history and in accordance with the provisions of Chapter 5A, Article 3, and Chapter 12 of the Code.


54 - Library Commission

(WV Code Chapter 10)

Fund 0296 FY 2017 Org 0433


Personal Services and Employee Benefits......................................   00100          $                1,318,760

Current Expenses.............................................................................   13000                              171,140

Repairs and Alterations.....................................................................   06400                                  6,500

Services to Blind & Handicapped.....................................................   18100                              161,717

BRIM Premium.................................................................................   91300                                 15,177

     Total..............................................................................................                      $                1,673,294


55 - Educational Broadcasting Authority

(WV Code Chapter 10)

Fund 0300 FY 2017 Org 0439


Personal Services and Employee Benefits......................................   00100          $                4,275,602

Current Expenses.............................................................................   13000                              114,997

Mountain Stage.................................................................................   24900                              300,000

Capital Outlay and Maintenance (R)................................................   75500                                10,000

BRIM Premium.................................................................................   91300                                 41,929

     Total..............................................................................................                      $                4,742,528

            Any unexpended balance remaining in the appropriation for Capital Outlay and Maintenance (fund 0300, appropriation 75500) at the close of the fiscal year 2016 is hereby reappropriated for expenditure during the fiscal year 2017, with the exception of fund 0300, fiscal year 2016, appropriation 75500 ($40,000) which shall expire on June 30, 2016.


56 - State Board of Rehabilitation –

Division of Rehabilitation Services

(WV Code Chapter 18)

Fund 0310 FY 2017 Org 0932


Personal Services and Employee Benefits......................................   00100          $              10,664,313

Independent Living Services.............................................................   00900                              500,000

Current Expenses.............................................................................   13000                              545,202

Workshop Development ..................................................................   16300                           2,116,149

Supported Employment Extended Services....................................   20600                              100,000

Ron Yost Personal Assistance Fund (R)..........................................   40700                              388,698

Employment Attendant Care Program ............................................   59800                              156,065

BRIM Premium.................................................................................   91300                                 67,033

     Total..............................................................................................                      $              14,537,460

            From the above appropriation for Workshop Development (fund 0310, appropriation 16300), funds shall be used exclusively with the private nonprofit community rehabilitation program organizations known as work centers or sheltered workshops. The appropriation shall also be used to continue the support of the program, services, and individuals with disabilities currently in place at those organizations.

            Any unexpended balance remaining in the appropriation for Ron Yost Personal Assistance Fund (fund 0310, appropriation 40700) at the close of the fiscal year 2016 is hereby reappropriated for expenditure during the fiscal year 2017.


DEPARTMENT OF ENVIRONMENTAL PROTECTION

57 - Environmental Quality Board

(WV Code Chapter 20)

Fund 0270 FY 2017 Org 0311


Personal Services and Employee Benefits......................................   00100          $                     72,495

Current Expenses.............................................................................   13000                                30,691

Repairs and Alterations.....................................................................   06400                                     100

Equipment.........................................................................................   07000                                     717

Other Assets......................................................................................   69000                                     600

BRIM Premium.................................................................................   91300                                      684

     Total..............................................................................................                      $                   105,287


58 - Division of Environmental Protection

(WV Code Chapter 22)

Fund 0273 FY 2017 Org 0313


Personal Services and Employee Benefits......................................   00100          $                4,014,779

Water Resources Protection and Management...............................   06800                              580,093

Current Expenses.............................................................................   13000                              250,950

Repairs and Alterations.....................................................................   06400                                  5,950

Equipment.........................................................................................   07000                                  6,500

Unclassified.......................................................................................   09900                                28,189

Dam Safety.......................................................................................   60700                              212,332

West Virginia Stream Partners Program..........................................   63700                                77,396

Meth Lab Cleanup.............................................................................   65600                              205,673

Other Assets......................................................................................   69000                                10,183

WV Contributions to River Commissions..........................................   77600                              148,485

Office of Water Resources Non-Enforcement Activity....................   85500                               926,951

     Total..............................................................................................                      $                6,467,481

            A portion of the appropriations for Current Expenses (fund 0273, appropriation 13000) and Dam Safety (fund 0273, appropriation 60700) may be transferred to the special revenue fund Dam Safety Rehabilitation Revolving Fund (fund 3025) for the state deficient dams rehabilitation assistance program.


59 - Air Quality Board

(WV Code Chapter 16)

Fund 0550 FY 2017 Org 0325


Personal Services and Employee Benefits......................................   00100          $                     61,586

Current Expenses.............................................................................   13000                                13,746

Repairs and Alterations.....................................................................   06400                                       50

Equipment.........................................................................................   07000                                     579

Other Assets......................................................................................   69000                                     200

BRIM Premium.................................................................................   91300                                   2,013

     Total..............................................................................................                      $                     78,174


DEPARTMENT OF HEALTH AND HUMAN RESOURCES

60 - Department of Health and Human Resources –

Office of the Secretary

(WV Code Chapter 5F)

Fund 0400 FY 2017 Org 0501


Personal Services and Employee Benefits......................................   00100          $                   376,440

Unclassified.......................................................................................   09900                                  8,074

Current Expenses.............................................................................   13000                                48,773

Women’s Commission (R)................................................................   19100                              156,408

Commission for the Deaf and Hard of Hearing................................   70400                               216,635

     Total..............................................................................................                      $                   806,330

            Any unexpended balance remaining in the appropriation for the Women’s Commission (fund 0400, appropriation 19100) at the close of the fiscal year 2016 is hereby reappropriated for expenditure during the fiscal year 2017.


61 - Division of Health –

Central Office

(WV Code Chapter 16)

Fund 0407 FY 2017 Org 0506


Personal Services and Employee Benefits......................................   00100          $              12,142,743

Chief Medical Examiner...................................................................   04500                           5,485,477

Unclassified.......................................................................................   09900                              691,862

Current Expenses.............................................................................   13000                           4,640,355

State Aid for Local and Basic Public Health Services......................   18400                         12,649,545

Safe Drinking Water Program (R)....................................................   18700                           2,172,181

Women, Infants and Children...........................................................   21000                                38,621

Early Intervention..............................................................................   22300                           6,044,884

Cancer Registry................................................................................   22500                              197,207

CARDIAC Project.............................................................................   37500                              427,500

State EMS Technical Assistance......................................................   37900                           1,353,656

Statewide EMS Program Support (R)..............................................   38300                              957,473

Black Lung Clinics ............................................................................   46700                              170,885

Center for End of Life.......................................................................   54500                              420,198

Pediatric Dental Services..................................................................   55000                                51,888

Vaccine for Children ........................................................................   55100                              334,076

Tuberculosis Control ........................................................................   55300                              366,879

Maternal and Child Health Clinics, Clinicians

     Medical Contracts and Fees (R)..................................................   57500                           6,280,223

Epidemiology Support.......................................................................   62600                           1,503,498

Primary Care Support.......................................................................   62800                           4,670,953

Sexual Assault Intervention and Prevention.....................................   72300                              125,000

Health Right Free Clinics..................................................................   72700                           2,750,000

Capital Outlay and Maintenance (R)................................................   75500                              100,000

Healthy Lifestyles..............................................................................   77800                              147,034

Maternal Mortality Review................................................................   83400                                46,973

Osteoporosis and Arthritis Prevention...............................................   84900                              158,530

Diabetes Education and Prevention..................................................   87300                                97,125

Tobacco Education Program (R)......................................................   90600                           3,037,643

BRIM Premium.................................................................................   91300                              211,214

State Trauma and Emergency Care System...................................   91800                            1,993,374

     Total..............................................................................................                      $              69,266,997

            Any unexpended balances remaining in the appropriations for Safe Drinking Water Program (fund 0407, appropriation 18700), Statewide EMS Program Support (fund 0407, appropriation 38300), Maternal and Child Health Clinics, Clinicians and Medical Contracts and Fees (fund 0407, appropriation 57500), Capital Outlay and Maintenance (fund 0407, appropriation 75500), Emergency Response Entities – Special Projects (fund 0407, appropriation 82200), Assistance to Primary Health Care Centers Community Health Foundation (fund 0407, appropriation 84500), and Tobacco Education Program (fund 0407, appropriation 90600) at the close of the fiscal year 2016 are hereby reappropriated for expenditure during the fiscal year 2017.

            From the above appropriation for Current Expenses (fund 0407, appropriation 13000), an amount not less than $100,000 is for the West Virginia Cancer Coalition; $50,000 shall be expended for the West Virginia Aids Coalition; $100,000 is for Adolescent Immunization Education; $73,065 is for informal dispute resolution relating to nursing home administrative appeals; and $50,000 is for Hospital Hospitality House of Huntington.

            From the above appropriation for Maternal and Child Health Clinics, Clinicians and Medical Contracts and Fees (fund 0407, appropriation 57500) up to $400,000 shall be transferred to the Breast and Cervical Cancer Diagnostic Treatment Fund (fund 5197) and $11,000 is for the Marshall County Health Department for dental services.


62 - Consolidated Medical Services Fund

(WV Code Chapter 16)

Fund 0525 FY 2017 Org 0506


Personal Services and Employee Benefits......................................   00100          $                1,567,519

Current Expenses.............................................................................   13000                                12,463

Behavioral Health Program (R)........................................................   21900                         64,723,691

Family Support Act...........................................................................   22100                              251,226

Institutional Facilities Operations (R).................................................   33500                       105,711,029

Substance Abuse Continuum of Care (R)........................................   35400                           5,000,000

Capital Outlay and Maintenance (R)................................................   75500                              950,000

Renaissance Program......................................................................   80400                              165,996

BRIM Premium.................................................................................   91300                            1,088,070

     Total..............................................................................................                      $            179,469,994

            Any unexpended balances remaining in the appropriations for Behavioral Health Program (fund 0525, appropriation 21900), Institutional Facilities Operations (fund 0525, appropriation 33500), Substance Abuse Continuum of Care (fund 0525, appropriation 35400), Capital Outlay (fund 0525, appropriation 51100), Behavioral Health Program – Surplus (fund 0525, appropriation 63100), Institutional Facilities Operations Surplus (fund 0525, appropriation 63200), Substance Abuse Continuum of Care – Surplus (fund 0525, appropriation 72200), and Capital Outlay and Maintenance (fund 0525, appropriation 75500) at the close of the fiscal year 2016 are hereby reappropriated for expenditure during the fiscal year 2017, with the exception of fund 0525, fiscal year 2016, appropriation 21900 ($5,000,000) and fund 0525, fiscal year 2016, appropriation 33500 ($5,000,000) which shall expire on June 30, 2016.

            Included in the above appropriation for Behavioral Health Program (fund 0525, appropriation 21900) is $100,000 for the Healing Place of Huntington.

            From the above appropriation for Institutional Facilities Operations (fund 0525, appropriation 33500), together with available funds from the Division of Health Hospital Services Revenue Account (fund 5156, appropriation 33500), on July 1, 2016, the sum of $160,000 shall be transferred to the Department of Agriculture Land Division Farm Operating Fund (1412) as advance payment for the purchase of food products; actual payments for such purchases shall not be required until such credits have been completely expended.

            The above appropriation for Institutional Facilities Operations (fund 0525, appropriation 33500) contains prior year salary increases due to the Hartley court order in the amount of $2,202,013 for William R. Sharpe Jr. Hospital, and $2,067,984 for Mildred Mitchel-Bateman Hospital.

            From the above appropriation for Substance Abuse Continuum of Care (fund 0525, appropriation 35400), the funding will be consistent with the goal areas outlined in the Comprehensive Substance Abuse Strategic Action Plan.

            Additional funds have been appropriated in fund 5156, fiscal year 2017, organization 0506, for the operation of the institutional facilities. The secretary of the Department of Health and Human Resources is authorized to utilize up to ten percent of the funds from the Institutional Facilities Operations appropriation to facilitate cost effective and cost saving services at the community level.


63 - Division of Health –

West Virginia Drinking Water Treatment

(WV Code Chapter 16)

Fund 0561 FY 2017 Org 0506


West Virginia Drinking Water Treatment

     Revolving Fund Transfer...........................................................   68900          $                   647,500

            The above appropriation for Drinking Water Treatment Revolving Fund Transfer shall be transferred to the West Virginia Drinking Water Treatment Revolving Fund or appropriate bank depository and the Drinking Water Treatment Revolving Administrative Expense Fund as provided by Chapter 16 of the Code.


64 - Human Rights Commission

(WV Code Chapter 5)

Fund 0416 FY 2017 Org 0510


Personal Services and Employee Benefits......................................   00100          $                   914,175

Unclassified.......................................................................................   09900                                  4,024

Current Expenses.............................................................................   13000                              191,766

BRIM Premium.................................................................................   91300                                   9,311

     Total..............................................................................................                      $                1,119,276


65 - Division of Human Services

(WV Code Chapters 9, 48 and 49)

Fund 0403 FY 2017 Org 0511


Personal Services and Employee Benefits......................................   00100          $              43,255,270

Unclassified.......................................................................................   09900                           5,688,944

Current Expenses.............................................................................   13000                         11,298,895

Child Care Development...................................................................   14400                         11,228,136

Medical Services Contracts and Office of Managed Care..............   18300                           1,835,469

Medical Services...............................................................................   18900                       512,862,085

Social Services.................................................................................   19500                       142,485,812

Family Preservation Program...........................................................   19600                           1,565,000

Family Resource Networks..............................................................   27400                           1,762,464

Domestic Violence Legal Services Fund..........................................   38400                              400,000

James “Tiger” Morton Catastrophic Illness Fund..............................   45500                              101,682

I/DD Waiver.......................................................................................   46600                         88,753,483

Child Protective Services Case Workers ........................................   46800                         22,581,819

OSCAR and RAPIDS ......................................................................   51500                           6,413,863

Title XIX Waiver for Seniors..............................................................   53300                         13,593,620

WV Teaching Hospitals Tertiary/Safety Net.....................................   54700                           6,356,000

Child Welfare System ......................................................................   60300                           1,259,065

In-Home Family Education...............................................................   68800                           1,000,000

WV Works Separate State Program.................................................   69800                           3,250,000

Child Support Enforcement..............................................................   70500                           6,297,412

Medicaid Auditing..............................................................................   70600                              607,142

Temporary Assistance for Needy Families/

     Maintenance of Effort..................................................................   70700                         22,969,096

Child Care - Maintenance of Effort Match.......................................   70800                           5,693,743

Child and Family Services................................................................   73600                           2,850,000

Grants for Licensed Domestic Violence

     Programs and Statewide Prevention...........................................   75000                           2,500,000

Capital Outlay and Maintenance (R)................................................   75500                                11,875

Community Based Services and Pilot Programs for Youth.............   75900                           1,000,000

Medical Services Administrative Costs............................................   78900                         35,630,109

Traumatic Brain Injury Waiver..........................................................   83500                              800,000

Indigent Burials (R)............................................................................   85100                           2,050,000

BRIM Premium.................................................................................   91300                              834,187

Rural Hospitals Under 150 Beds.......................................................   94000                           2,596,000

Children’s Trust Fund – Transfer .....................................................   95100                               220,000

     Total..............................................................................................                      $            959,751,171

            Any unexpended balances remaining in the appropriations for Capital Outlay and Maintenance (fund 0403, appropriation 75500) and Indigent Burials (fund 0403, appropriation 85100) at the close of the fiscal year 2016 are hereby reappropriated for expenditure during the fiscal year 2017.

            Notwithstanding the provisions of Title I, section three of this bill, the secretary of the Department of Health and Human Resources shall have the authority to transfer funds within the above appropriations: Provided, That no more than five percent of the funds appropriated to one appropriation may be transferred to other appropriations: Provided, however, That no funds from other appropriations shall be transferred to the personal services and employee benefits appropriation.

            The secretary shall have authority to expend funds for the educational costs of those children residing in out-of-state placements, excluding the costs of special education programs.

            Included in the above appropriation for Social Services (fund 0403, appropriation 19500) is funding for continuing education requirements relating to the practice of social work.

            The above appropriation for Domestic Violence Legal Services Fund (fund 0403, appropriation 38400) shall be transferred to the Domestic Violence Legal Services Fund (fund 5455).

            The above appropriation for James “Tiger” Morton Catastrophic Illness Fund (fund 0403, appropriation 45500) shall be transferred to the James “Tiger” Morton Catastrophic Illness Fund (fund 5454) as provided by Article 5Q, Chapter 16 of the Code.

            The above appropriation for WV Works Separate State Program (fund 0403, appropriation 69800), shall be transferred to the WV Works Separate State College Program Fund (fund 5467), and the WV Works Separate State Two-Parent Program Fund (fund 5468) as determined by the secretary of the Department of Health and Human Resources.

            From the above appropriation for Child Support Enforcement (fund 0403, appropriation 70500) an amount not to exceed $300,000 may be transferred to a local banking depository to be utilized to offset funds determined to be uncollectible.

            From the above appropriation for the Grants for Licensed Domestic Violence Programs and Statewide Prevention (fund 0403, appropriation 75000), 50% of the total shall be divided equally and distributed among the fourteen (14) licensed programs and the West Virginia Coalition Against Domestic Violence (WVCADV). The balance remaining in the appropriation for Grants for Licensed Domestic Violence Programs and Statewide Prevention (fund 0403, appropriation 75000), shall be distributed according to the formula established by the Family Protection Services Board.

            The above appropriation for Children’s Trust Fund Transfer (fund 0403, appropriation 95100) shall be transferred to the Children’s Fund (fund 5469, org 0511).


DEPARTMENT OF MILITARY AFFAIRS

AND PUBLIC SAFETY

66 - Department of Military Affairs and Public Safety –

Office of the Secretary

(WV Code Chapter 5F)

Fund 0430 FY 2017 Org 0601


Personal Services and Employee Benefits......................................   00100          $                   715,873

Unclassified (R).................................................................................   09900                                22,142

Current Expenses.............................................................................   13000                              107,158

Repairs and Alterations.....................................................................   06400                                  7,572

Equipment.........................................................................................   07000                                  3,000

Fusion Center (R)..............................................................................   46900                              537,665

Other Assets......................................................................................   69000                                  3,000

Directed Transfer..............................................................................   70000                                32,000

BRIM Premium.................................................................................   91300                                  9,404

WV Fire and EMS Survivor Benefit (R)............................................   93900                              250,000

Homeland State Security Administrative Agency (R)......................   95300                               535,850

     Total..............................................................................................                      $                2,223,664

            Any unexpended balances remaining in the appropriations for Unclassified (fund 0430, appropriation 09900), Fusion Center (fund 0430, appropriation 46900), Substance Abuse Program – Surplus (fund 0430, appropriation 69600), Justice Reinvestment Training – Surplus (fund 0430, appropriation 69900), WV Fire and EMS Survivor Benefit (fund 0430, appropriation 93900), and Homeland State Security Administrative Agency (fund 0430, appropriation 95300) at the close of the fiscal year 2016 are hereby reappropriated for expenditure during the fiscal year 2017, with the exception of fund 0430, fiscal year 2016, appropriation 46900 ($7,122), fund 0430, fiscal year 2016, appropriation 93900 ($200,000), and fund 0430, fiscal year 2016, appropriation 95300 ($7,123) which shall expire on June 30, 2016.

            The above appropriation for Directed Transfer (fund 0430, appropriation 70000) shall be transferred to the Law-Enforcement, Safety and Emergency Worker Funeral Expense Payment Fund (fund 6003).


67 - Adjutant General –

State Militia

(WV Code Chapter 15)

Fund 0433 FY 2017 Org 0603


Unclassified (R).................................................................................   09900          $              14,410,434

College Education Fund....................................................................   23200                                         0

Mountaineer Challenge Academy....................................................   70900                                         0

Armory Board Transfer.....................................................................   70015                                         0

Military Authority...............................................................................   74800                                          0

     Total..............................................................................................                      $              14,410,434

            Any unexpended balance remaining in the appropriation for Unclassified (fund 0433, appropriation 09900) at the close of the fiscal year 2016 is hereby reappropriated for expenditure during the fiscal year 2017, with the exception of fund 0433, fiscal year 2016, appropriation 09900 ($599,750) which shall expire on June 30, 2016.

            From the above appropriations an amount approved by the Adjutant General and the secretary of Military Affairs and Public Safety may be transferred to the State Armory Board for operation and maintenance of National Guard Armories.

            The adjutant general shall have the authority to transfer between appropriations.

            From the above appropriation and other state and federal funding, the Adjutant General shall provide an amount not less than $4,500,000 to the Mountaineer ChalleNGe Academy to meet anticipated program demand.


68 - Adjutant General –

Military Fund

(WV Code Chapter 15)

Fund 0605 FY 2017 Org 0603


Personal Services and Employee Benefits......................................   00100          $                   100,000

Current Expenses.............................................................................   13000                                 64,280

     Total..............................................................................................                      $                   164,280


69 - West Virginia Parole Board

(WV Code Chapter 62)

Fund 0440 FY 2017 Org 0605


Personal Services and Employee Benefits......................................   00100          $                   385,459

Current Expenses.............................................................................   13000                              218,694

Salaries of Members of West Virginia Parole Board........................   22700                              597,865

BRIM Premium.................................................................................   91300                                   4,712

     Total..............................................................................................                      $                1,206,730

            The above appropriation for Salaries of Members of West Virginia Parole Board (fund 0440, appropriation 22700) includes funding for salary, annual increment (as provided for in W.Va. Code §5-5-1), and related employee benefits of board members.


70 - Division of Homeland Security and

Emergency Management


(WV Code Chapter 15)

Fund 0443 FY 2017 Org 0606


Personal Services and Employee Benefits......................................   00100          $                   548,175

Unclassified.......................................................................................   09900                                28,157

Current Expenses.............................................................................   13000                              114,611

Repairs and Alterations.....................................................................   06400                                  1,000

Radiological Emergency Preparedness...........................................   55400                                17,452

Federal Funds/Grant Match (R)........................................................   74900                              664,247

Mine and Industrial Accident Rapid

     Response Call Center..................................................................   78100                              462,189

Early Warning Flood System (R)......................................................   87700                              479,006

BRIM Premium.................................................................................   91300                                18,811

WVU Charleston Poison Control Hotline..........................................   94400                               727,492

     Total..............................................................................................                      $                3,061,140

            Any unexpended balances remaining in the appropriations for Federal Funds/Grant Match (fund 0443, appropriation 74900), Early Warning Flood System (fund 0443, appropriation 87700), and Disaster Mitigation (fund 0443, appropriation 95200) at the close of the fiscal year 2016 are hereby reappropriated for expenditure during the fiscal year 2017, with the exception of fund 0443, fiscal year 2016, appropriation 87700 ($36,879) which shall expire on June 30, 2016.


71 - Division of Corrections –

Central Office

(WV Code Chapters 25, 28, 49 and 62)

Fund 0446 FY 2017 Org 0608


Personal Services and Employee Benefits......................................   00100          $                   610,909

Current Expenses.............................................................................   13000                                   1,800

     Total..............................................................................................                      $                   612,709


72 - Division of Corrections –

Correctional Units

(WV Code Chapters 25, 28, 49 and 62)

Fund 0450 FY 2017 Org 0608


Employee Benefits............................................................................   01000          $                1,258,136

Children’s Protection Act (R)............................................................   09000                              938,437

Unclassified (R) ................................................................................   09900                           1,623,738

Current Expenses (R).......................................................................   13000                         23,132,313

Facilities Planning and Administration (R)........................................   38600                           1,166,627

Charleston Correctional Center........................................................   45600                           3,126,532

Beckley Correctional Center.............................................................   49000                           1,815,364

Huntington Work Release Center.....................................................   49500                           1,070,058

Anthony Correctional Center ...........................................................   50400                           5,040,533

Huttonsville Correctional Center ......................................................   51400                         20,998,029

Northern Correctional Center ...........................................................   53400                           6,938,571

Inmate Medical Expenses (R)..........................................................   53500                         21,226,064

Pruntytown Correctional Center ......................................................   54300                           7,060,326

Corrections Academy.......................................................................   56900                           1,441,819

Information Technology Services.....................................................   59901                           3,341,064

Martinsburg Correctional Center.......................................................   66300                           3,538,534

Parole Services.................................................................................   68600                           5,131,198

Special Services ..............................................................................   68700                           6,122,439

Investigative Services.......................................................................   71600                           3,151,604

Capital Outlay and Maintenance (R)................................................   75500                           2,000,000

Salem Correctional Center...............................................................   77400                           9,943,952

McDowell County Correctional Center.............................................   79000                           1,949,983

Stevens Correctional Center ............................................................   79100                           6,474,500

Parkersburg Correctional Center......................................................   82800                           2,442,670

St. Mary’s Correctional Center ........................................................   88100                         12,636,324

Denmar Correctional Center.............................................................   88200                           4,414,286

Ohio County Correctional Center.....................................................   88300                           1,738,335

Mt. Olive Correctional Complex.......................................................   88800                         19,684,203

Lakin Correctional Center.................................................................   89600                           8,911,795

BRIM Premium.................................................................................   91300                               829,190

     Total..............................................................................................                      $            189,146,624

            Any unexpended balances remaining in the appropriations for Children’s Protection Act (fund 0450, appropriation 09000), Unclassified Surplus (fund 0450, appropriation 09700), Current Expenses (fund 0450, appropriation 13000), Facilities Planning and Administration (fund 0450, appropriation 38600), Inmate Medical Expenses (fund 0450, appropriation 53500), Capital Improvements Surplus (fund 0450, appropriation 66100), Capital Outlay, Repairs and Equipment Surplus (fund 0450, appropriation 67700), Capital Outlay and Maintenance (fund 0450, appropriation 75500), Security System Improvements – Surplus (fund 0450, appropriation 75501), and Operating Expenses – Surplus (fund 0450, appropriation 77900) at the close of the fiscal year 2016 are hereby reappropriated for expenditure during the fiscal year 2017, with the exception of fund 0450, fiscal year 2016, appropriation 13000 ($8,500,000) which shall expire on June 30, 2016.

            The commissioner of corrections shall have the authority to transfer between appropriations to the individual correctional units above and may transfer funds from the individual correctional units to Current Expenses (fund 0450, appropriation 13000) or Inmate Medical Expenses (fund 0450, appropriation 53500).

            From the above appropriation to Unclassified (fund 0450, appropriation 09900), on July 1, 2016, the sum of $300,000 shall be transferred to the Department of Agriculture Land Division Farm Operating Fund (1412) as advance payment for the purchase of food products; actual payments for such purchases shall not be required until such credits have been completely expended.

            From the above appropriation to Current Expenses (fund 0450, appropriation 13000) payment shall be made to house Division of Corrections inmates in federal, county, and/or regional jails.

            Any realized savings from the Energy Savings Contract for Mt. Olive Correctional Complex, Huttonsville Correction Center, Pruntytown Correctional Center, or Denmar Correctional Center may be transferred from the listed individual correctional units to Facilities Planning and Administration (fund 0450, appropriation 38600).


73 - West Virginia State Police

(WV Code Chapter 15)

Fund 0453 FY 2017 Org 0612


Personal Services and Employee Benefits......................................   00100          $              59,000,000

Children’s Protection Act...................................................................   09000                              954,509

Current Expenses.............................................................................   13000                         10,403,272

Repairs and Alterations.....................................................................   06400                              450,523

Vehicle Purchase..............................................................................   45100                           2,000,000

Barracks Lease Payments................................................................   55600                              246,478

Communications and Other Equipment (R).....................................   55800                           1,268,968

Trooper Retirement Fund..................................................................   60500                           4,035,203

Handgun Administration Expense.....................................................   74700                                82,692

Capital Outlay and Maintenance (R)................................................   75500                              250,000

Retirement Systems Unfunded Liability........................................   77500                         16,875,000

Automated Fingerprint Identification System....................................   89800                              725,771

BRIM Premium.................................................................................   91300                            4,946,608

     Total..............................................................................................                      $            101,239,024

            Any unexpended balances remaining in the appropriations for Communications and Other Equipment (fund 0453, appropriation 55800), and Capital Outlay and Maintenance (fund 0453, appropriation 75500) at the close of the fiscal year 2016 are hereby reappropriated for expenditure during the fiscal year 2017, with the exception of fund 0453, fiscal year 2016, appropriation 55800 ($1,162,002) which shall expire on June 30, 2016.

            From the above appropriation for Personal Services and Employee Benefits (fund 0453, appropriation 00100), an amount not less than $25,000 shall be expended to offset the costs associated with providing police services for the West Virginia State Fair.


74 - Fire Commission

(WV Code Chapter 29)

Fund 0436 FY 2017 Org 0619


Current Expenses.............................................................................   13000          $                     66,661


75 - Division of Justice and Community Services

(WV Code Chapter 15)

Fund 0546 FY 2017 Org 0620


Personal Services and Employee Benefits......................................   00100          $                   534,684

Current Expenses.............................................................................   13000                              132,696

Repairs and Alterations.....................................................................   06400                                  1,804

Child Advocacy Centers (R).............................................................   45800                           1,561,959

Community Corrections (R)..............................................................   56100                           7,282,896

Statistical Analysis Program.............................................................   59700                                46,724

Sexual Assault Forensic Examination Commission.........................   71400                                76,704

Qualitative Analysis and Training for Youth Services (R)................   76200                              362,497

Law Enforcement Professional Standards.......................................   83800                              155,464

BRIM Premium.................................................................................   91300                                   1,421

     Total..............................................................................................                      $              10,156,849

            Any unexpended balances remaining in the appropriations for Child Advocacy Centers (fund 0546, appropriation 45800), Community Corrections (fund 0546, appropriation 56100), and Qualitative Analysis and Training for Youth Services (fund 0546, appropriation 76200) at the close of the fiscal year 2016 are hereby reappropriated for expenditure during the fiscal year 2017, with the exception of fund 0546, fiscal year 2016, appropriation 45800 ($72,000), fund 0546, fiscal year 2016, appropriation 56100 ($178,000), and fund 0546, fiscal year 2016, appropriation 76200 ($200,000) which shall expire on June 30, 2016.

            From the above appropriation for Child Advocacy Centers (fund 0546, appropriation 45800), the division may retain an amount not to exceed four percent of the appropriation for administrative purposes.


76 - Division of Juvenile Services

(WV Code Chapter 49)

Fund 0570 FY 2017 Org 0621


Statewide Reporting Centers............................................................   26200          $                6,309,696

Robert L. Shell Juvenile Center........................................................   26700                           1,969,807

Resident Medical Expenses..............................................................   53501                           4,390,551

Central Office ...................................................................................   70100                           2,324,562

Capital Outlay and Maintenance (R)................................................   75500                              250,000

Gene Spadaro Juvenile Center .......................................................   79300                           2,141,284

BRIM Premium.................................................................................   91300                                96,187

Kenneth Honey Rubenstein Juvenile Center (R) ............................   98000                           4,952,035

Vicki Douglas Juvenile Center..........................................................   98100                           1,882,647

Northern Regional Juvenile Center...................................................   98200                           2,876,302

Lorrie Yeager Jr. Juvenile Center.....................................................   98300                           1,922,009

Sam Perdue Juvenile Center ...........................................................   98400                           2,015,925

Tiger Morton Center .........................................................................   98500                           2,127,696

Donald R. Kuhn Juvenile Center .....................................................   98600                           4,084,883

J.M. “Chick” Buckbee Juvenile Center ...........................................   98700                            2,030,199

     Total..............................................................................................                      $              39,373,783

            Any unexpended balances remaining in the appropriations for Capital Outlay and Maintenance (fund 0570, appropriation 75500) and Kenneth Honey Rubenstein Juvenile Center (fund 0570, appropriation 98000) at the close of the fiscal year 2016 are hereby reappropriated for expenditure during the fiscal year 2017.

            From the above appropriations, on July 1, 2016, the sum of $50,000 shall be transferred to the Department of Agriculture Land Division – Farm Operating Fund (1412) as advance payment for the purchase of food products; actual payments for such purchases shall not be required until such credits have been completely expended.

            The director of Juvenile Services shall have the authority to transfer between appropriations to the individual juvenile centers above and may transfer funds from the individual juvenile centers to Resident Medical Expenses (fund 0570, appropriation 53501).


77 - Division of Protective Services

(WV Code Chapter 5F)

Fund 0585 FY 2017 Org 0622


Personal Services and Employee Benefits......................................   00100          $                2,678,975

Unclassified (R).................................................................................   09900                                21,991

Current Expenses.............................................................................   13000                              139,232

Repairs and Alterations.....................................................................   06400                                  8,500

Equipment (R)...................................................................................   07000                                64,171

BRIM Premium.................................................................................   91300                                   9,969

     Total..............................................................................................                      $                2,922,838

            Any unexpended balances remaining in the appropriations for Equipment (fund 0585, appropriation 07000), and Unclassified (fund 0585, appropriation 09900) at the close of the fiscal year 2016 are hereby reappropriated for expenditure during the fiscal year 2017.


DEPARTMENT OF REVENUE

78 - Office of the Secretary

(WV Code Chapter 11)

Fund 0465 FY 2017 Org 0701


Personal Services and Employee Benefits......................................   00100          $                   502,741

Unclassified.......................................................................................   09900                                  6,121