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HOUSE: | Bills Introduced | Resolutions Introduced | Abstract | Topical Index | Committee Schedule | Calendar | Local Calendar | Special Calendar | Journal | Menu |

House Journal


Day 01 (01-11-2012)
Day 02 (01-12-2012)
Day 03 (01-13-2012)
Day 06 (01-16-2012)
Day 07 (01-17-2012)
Day 08 (01-18-2012)
Day 09 (01-19-2012)
Day 10 (01-20-2012)
Day 13 (01-23-2012)
Day 14 (01-24-2012)
Day 15 (01-25-2012)
Day 16 (01-26-2012)
Day 17 (01-27-2012)
Day 20 (01-30-2012)
Day 21 (01-31-2012)
Day 22 (02-01-2012)
Day 23 (02-02-2012)
Day 24 (02-03-2012)
Day 27 (02-06-2012)
Day 28 (02-07-2012)
Day 29 (02-08-2012)
Day 30 (02-09-2012)
Day 31 (02-10-2012)
Day 34 (02-13-2012)
Day 35 (02-14-2012)
Day 36 (02-15-2012)
Day 37 (02-16-2012)
Day 38 (02-17-2012)
Day 41 (02-20-2012)
Day 42 (02-21-2012)
Day 43 (02-22-2012)
Day 44 (02-23-2012)
Day 45 (02-24-2012)
Day 48 (02-27-2012)
Day 49 (02-28-2012)
Day 50 (02-29-2012)
Day 51 (03-01-2012)
Day 52 (03-02-2012)
Day 55 (03-05-2012)
Day 57 (03-07-2012)
Day 58 (03-08-2012)
Day 61 (03-11-2012)
hdj2012-03-07-57


__________*__________




Wednesday, March 7, 2012

FIFTY-SEVENTH DAY

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

                              

     The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Rick Thompson, Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Tuesday, March 6, 2012, being the first order of business, when the further reading thereof was dispensed with and the same approved.
     At the request of Delegate Boggs, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests for a presentation by the House.
     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced

     Delegates Varner, Cann, T. Campbell, Ferns, Marshall, Perdue, Pethtel and White offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 106 - "Requesting that the Joint Committee on Government and Finance study how to best use the additional severance tax collections attributed to the production of natural gas from shales in this state to plan for the future when production of shale gas begins to decline."
     Whereas, The advent and advancement of new and existing technologies and drilling practices have created the opportunity for the efficient development of natural gas contained in underground shales and other geological formations; and
     Whereas, With development of the Marcellus shale there is the opportunity for economic development in related areas of the economy including, but not limited to, manufacturing, transmission of natural gas and related products and the transportation of manufactured products; and
     Whereas, Development of the Marcellus shale also offers the opportunity to plan for and facilitate economic development of the counties where shale gas exists and will be produced to best prepare those counties for life after robust drilling activity ceases and gas production from shale declines in those counties; and
     Whereas, The production of natural gas from shales is expected to generate billions of dollars in natural gas severance tax over the life of natural gas production from the shales; and
     Whereas, This Legislature previously declared in legislation enacted in 2011 that facilitating the development of business activity directly and indirectly related to development of the Marcellus shale serves the public interest of the citizens of this state by promoting economic development and improving economic opportunities for its citizens; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study how to best use the natural gas severance tax from gas produced from the shales; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the Legislature on the first day of the regular session, 2013, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Delegate Frazier offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 109 - Requesting the Joint Committee on Government and Finance study the feasibility of requiring coverage for eosinophilic disorders including coverage for enteral nutrition supplements by policies, provisions, contracts, plans or agreements offered by the public employees insurance agency, Medicaid, accident and sickness insurance, group accident and sickness insurance, hospital, medical and health service corporations and health maintenance organizations.
     Whereas, Eosinophilic disorders occur when eosinophils, a type of white blood cell, are found in above-normal amounts in various parts of the body; and
     Whereas, When the body wants to attack a substance, such as an allergen, eosinophils respond by moving into the area and releasing a variety of toxins, and when the body produces too many eosinophils, they can cause chronic inflammation, resulting in tissue damage; and
     Whereas, These rare diseases are diagnosed according to where the elevated levels of eosinophils are found and include: Eosinophilic esophagitis (esophagus); Eosinophilic gastritis(stomach); Eosinophilic enteritis (small intestine); Eosinophilic colitis (large intestine); and Hypereosinophilic syndrome (blood and any organ); and
     Whereas, The symptoms of these disorders vary depending on the area of the gastrointestinal tract affected by the eosinophils and generally include nausea, vomiting, malnutrition and pain; and
     Whereas, Accurate diagnosis of eosinophilic disorders is only found through endoscopy with a biopsy of the affected area and the ability to track the numbers of diagnoses through medical coding have only been available since 2008; and
     Whereas, Treatment of the disorder includes dietary management and medications with routine endoscopies to track progress of treatment; and
     Whereas, There is currently no cure for eosinophilic disorders; treatment options work best by combining multiple therapies to treat the symptoms over the course of the patient's lifetime; and
     Whereas, Children suffering from these disorders often show signs of failure to thrive and require surgical implantation of a feeding tube directly to their stomach to be sure they receive adequate nutrition; and
     Whereas, Persons suffering from these disorders that require feeding tubes also require nutrient supplements that in many instances these nutrient supplements are necessary to preserve the life of the individual; and
     Whereas, Nutrient supplements may cost as much as $1000 per month and in many instances this expense is not covered; and
     Whereas, There is growing public concern about the availability of full and adequate health insurance coverage for treatment of eosinophilic disorders including coverage for enteral nutrition supplements; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the feasibility of requiring coverage for eosinophilic disorders including coverage for enteral nutrition supplements by policies, provisions, contracts, plans or agreements offered by the Public Employees Insurance Agency, Medicaid, accident and sickness insurance, group accident and sickness insurance, hospital, medical and health service corporations and health maintenance organizations; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2013, on its findings, conclusions and recommendations, together with drafts of legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expense 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 Hatfield, Guthrie, Poore, Morgan and Skaff offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 110 - "Requesting the Joint Committee on Government and Finance to conduct a study on the involuntary commitment process in West Virginia."
     Whereas, West Virginia's "mental hygiene" laws govern the involuntary hospitalization of persons with mental illness, and addiction; and
     Whereas, Most of West Virginia's current mental hygiene laws are still based on 1965 code, and at that time, prolonged institutionalization was still a customary treatment for severely disabling and chronic mental illnesses and lengthy institutionalization was common for chronic addicts; and
     Whereas, To protect the constitutional and human rights of people who have brain-related disorders, procedures and standards were designed to assure that due process is guaranteed in all commitment proceedings, and that the least restrictive form of treatment is used; and
     Whereas, Despite these substantial and ongoing changes in society's understanding of, and response to, mental disorders and conditions, there has been little corresponding change in the involuntary hospitalization and treatment laws, and West Virginia's mental health system, on both a procedural and substantive level, has not kept up with the times; and
     Whereas, West Virginia's system of involuntary commitment is the only one in the nation that mandates forthwith commitment and the current system is excessively expensive and needs to be economized to make sense to taxpayers; and
     Whereas, There are parts of the state where it is difficult for lawyers to serve as mental hygiene commissioners; and
     Whereas, A more economical system of employing mental hygiene commissioners is needed; and
     Whereas, The citizens of West Virginia need to have their public safety and due process rights secured in comprehensive ways; and
     Whereas, The Legislature, in its wisdom, enabled the creation of a pilot project in Kanawha County that has proven to be successful and less costly; and
     Whereas, The growing number of citizens abusing or are addicted to drugs has created a great degree of confusion within the commitment process; and
     Whereas, The Comprehensive Behavioral Health Commission and advisory board has recommended that the Legislature study and overhaul the involuntary commitment process; and
     Whereas, Focuses were made on the use of a three-day observation period, treatment approach, more time-lines of the process and more attention to the human aspect of the process; and
     Whereas, The Legislature recognizes that the overall process is not working as well as it should, and the complexity and dynamics of the process requires a comprehensive study, analysis and development of the right improvements for the entire process, including looking at effective models in other states in order to move West Virginia toward a new process; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Joint Committee on Government and Finance is hereby requested to study the involuntary commitment process in West Virginia; and, be it
     Further Resolved
, It is the intent of the Legislature to obtain input from a variety of stakeholders including, but not limited to, the courts, sheriffs, appropriate agencies from the Department of Health and Human Resources, the Comprehensive Behavioral Health Commission and its advisory board, the West Virginia Hospital Association, regional mental health centers and the West Virginia Mental Health Consumers Association in order to devise a more effective and suitable approach to the involuntary commitment process in West Virginia; and, be it
     Further Resolved,
That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2013, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Delegates Longstreth, Caputo, Manchin, Barker, D. Poling, Staggers and Frazier offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 111 - "Requesting the Joint Committee on Government and Finance to study issues surrounding bullying in the workplace and possible remedies for hostile work environments."
     Whereas, The social and economic well-being of the state is dependent upon healthy and productive employees; and
     Whereas, Between thirty-seven percent and fifty-nine percent of employees directly experience health-endangering workplace bullying, abuse and harassment and this mistreatment is approximately four times more prevalent than sexual harassment alone; and
     Whereas, Workplace bullying, mobbing and harassment can inflict serious harm upon targeted employees including feelings of shame and humiliation, severe anxiety, depression, suicidal tendencies, cardiovascular disease and symptoms consistent with posttraumatic stress disorder; and
     Whereas, Abusive work environments can have serious consequences for employers including reduced employee productivity and morale, higher turnover and absenteeism rates and increases in medical and workers' compensation claims; and
     Whereas, Legal protection from abusive work environments should not be limited to behavior grounded in protected class status as that provided under employment discrimination statuses; and
     Whereas, Existing workers' compensation plans and common-law tort actions are inadequate to discourage this behavior or to provide adequate relief to employees who have been harmed by abusive work environments; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Joint Committee on Government and Finance is hereby requested to study issues surrounding bullying in the workplace and possible remedies for hostile work environments; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations together with drafts of any legislation 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 Walters, Mr. Speaker, Mr. Thompson, Anderson, Armstead, Ashley, Azinger, Barker, Boggs, Border, Butcher, D. Campbell, T. Campbell, Cann, Canterbury, Caputo, Carmichael, Cowles, Craig, Crosier, Doyle, Duke, Ellem, Ellington, Evans, Fleischauer, Fragale, Givens, Hall, Hamilton, Hartman, Hatfield, Householder, Iaquinta, Jones, Lane, Lawrence, Longstreth, Manypenny, Marcum, Martin, Michael, Miley, Morgan, Nelson, O'Neal, Overington, Pasdon, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Poore, Reynolds, Rodighiero, Rowan, Savilla, Sigler, Skaff, Sobonya, Staggers, Stephens, Storch, Stowers, Swartzmiller, Talbott, Varner, Walker, White and Williams offered the following resolution, which was read by the Clerk as follows:
     H. C. R. 112 - "Recognizing and welcoming the Turkish Delegation from the Zonguldak Chamber of Commerce and Businessmen Association."
     Whereas, The Turkish Delegation from the Zonguldak Chamber of Commerce and Businessmen Association is visiting the United States and West Virginia. The visit will hopefully result in a mutually beneficial increased trade relationship and understanding between Turkey, the United States and West Virginia; and
     Whereas, Zonguldak is both the major center of coal production in Anatolia and an important port in the Black Sea. While West Virginians can only envy the beautiful beaches of Zonguldak, we can share a history and experience of coal mining production and a close alliance since World War II; and
     Whereas, The Turkish Delegation is seeking, among other trade items, metallurgical coal for steel production that will help rebuild areas destroyed by a 7.2 earthquake and aftershocks in October, 2011, that killed hundreds, destroyed buildings and devastated thousands. This Legislature and people of West Virginia offer our sincere condolences and stand ready to assist and cooperate with the Delegation and make it known that you are welcome in West Virginia and that we are looking forward to future contacts and relationships; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Turkish Delegation from the Zonguldak Chamber of Commerce and Businessmen Association is hereby recognized and welcomed to West Virginia. The Legislature considers it an honor that you have chosen West Virginia for one of your visits; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a copy of this Resolution to each visiting member of the Turkish Delegation from the Zonguldak Chamber of Commerce and Businessmen Association.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. C. R. 112) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
     Delegates Williams and Shaver offered the following resolution, which was read by the Clerk as follows:
     H. R. 37 - "Memorializing the life of the Honorable Frederick 'Sonny' Peddicord III, businessman and dedicated public servant."
     Whereas, Frederick "Sonny" Peddicord III was born September 3, 1941, in Kingwood, Preston County, West Virginia, the son of the late Frederick Peddicord, Jr., and the late Evelyn "Abie" Felton Peddicord; and
     Whereas, Sonny graduated from Kingwood High School in 1959 and went on to attend Fairmont State College. He played football in college and later coached Pop Warner Football in Preston County for many years; and
     Whereas, Sonny was married to Pamela Lobb, with whom he shared the joy of having two sons, Robert W. "Robby" and Edward J. "Eddy"; and
     Whereas, Sonny Peddicord was further blessed with three grandsons, Bobby Peddicord, Hunter Peddicord, and Tyler Peddicord, and one great-grandson, Zaden Peddicord; and
     Whereas, Sonny Peddicord enjoyed a rich and varied life, which included being the owner/manager of Preston Distributors, one of the oldest local businesses in Preston County. Under Sonny's direction, Preston distributors grew and was named best wholesaler in West Virginia numerous times; and
     Whereas, Sonny was active in various organizations including the B.P.O.E. , F.O.E., and Moose; and
     Whereas, Fred Peddicord dedicated much of his life to making the Town of Kingwood a better place in which to work and live. Prior to his election as Mayor of Kingwood, Fred served on the Kingwood City Council, Kingwood Water Board, and the Kingwood Parks Recreation Board; and
     Whereas, As the longest-serving Mayor of Kingwood, Fred worked to secure funding for the sewer system and the new building for city Hall. He also worked with Main Street for the lighting, benches and trash cans. He was instrumental in securing the City Pool and implemented changes in the method of payment for street paving from individual assessment to city funded; and
     Whereas, The Honorable Fred Peddicord's public service also included three terms in the West Virginia House of Delegates. First elected to the House in 1984 representing Preston and Tucker counties, Fred was reelected in 1986 and 1988. During his years in the Legislature, Fred served on the Government Organization and Finance Committees and was Vice Chairman of the Agriculture Committee; and
     Whereas, After his service in the House of Delegates, Sonny worked for many years as a lobbyist for Phillip Morris; and
     Whereas, Most recently, Sonny served as Chairman of the West Virginia Racing Commission; and
     Whereas, Sadly, the Honorable Fred Peddicord III passed away on Friday, April 8, 2011, leaving behind a life of dedication and commitment to his family, community and state; therefore, be it
     Resolved by the House of Delegates:
     That the House of Delegates hereby memorializes the life of the Honorable Frederick "Sonny" Peddicord III, businessman and dedicated public servant; and, be it
     Further Resolved, That the House of Delegates hereby extends its sincere sympathy at the passing of the Honorable Fred "Sonny" Peddicord III; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the family of the Honorable Frederick "Sonny" Peddicord III.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 37) to a committee was dispensed with, and it was taken up for immediate consideration.
     The question now being on the adoption of the resolution, Delegate Boggs demanded the yeas and nays, which demand was sustained.
     The yeas and nays having been ordered, they were taken (Roll No. 245), 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: Hall and Savilla.
    So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 37) adopted.
Committee Reports

     Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
     Your Committee on Rules has had under consideration:
     H. C. R. 9, Requesting a study of the needs, challenges, and issues facing West Virginia military veterans and other military affairs of the State,
     H. C. R. 53, Requesting a study of the relationship between increases in seismic events and hydrocarbon production and exploration in the State of West Virginia,
     H. C. R. 54, Requesting a study on the compliance of the Americans with Disabilities Act in state governmental buildings,
     H. C. R. 82, Requesting a study of the policies related to assuring the safety of employees required to make field, community or home visits,
     H. C. R. 92, Requesting the Joint Committee on Government and Finance to study the funding of the needs of community and technical colleges in this state,
     H. C. R. 100, The "Donald J. Bragg Memorial Bridge",
     H. C. R. 103, The "Tennis 'TK' Killen Memorial Bridge",
     H. C. R. 105, The "Specialist Fourth Class Lewis Dayton Moles Memorial Bridge",
     And,
     S. C. R. 50, Requesting DOH name bridge in Monongalia County "Lt. Col. Carroll Baxter Lilly Memorial Bridge",
     And reports the same back with the recommendation that they each be adopted.
     Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration:
     Com. Sub. for S. B. 535, Expanding certain prescriptive authority for chronic diseases,      And reports the same back, with amendment, with the recommendation that it do pass, as amended.
     Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration:
     Com. Sub. for S. B. 457, Continuing Rural Health Initiative; other provisions,        
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Education.
     In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 457) was referred to the Committee on Education.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     Com. Sub. for S. B. 161, Relating to mandatory reporting of child abuse and neglect,
     Com. Sub. for S. B. 245,Authorizing Department of Health and Human Resources promulgate legislative rules,
     Com. Sub. for S. B. 287, Authorizing Department of Revenue promulgate legislative rules,
     Com. Sub. for S. B. 360, Granting personal property purchaser at foreclosure sale right of disposal with notice,
     Com. Sub. for S. B. 437, Relating generally to substance abuse,
     S. B. 596, Prohibiting child erotica,
     Com. Sub. for S. B. 615, Conforming WV Water Pollution Control Act with federal Clean Water Act,
     And,
     Com. Sub. for S. B. 628, Allowing fund-raising for state executive party headquarters,
     And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     Com. Sub. for S. B. 36, Relating to disclosure requirements for certain public construction contracts,
     S. B. 336, Eliminating mortgage lender license exemption available to bank subsidiaries,
     Com. Sub. for S. B. 353, Relating generally to possession of firearms,
     Com. Sub. for S. B. 498, Relating to records of abuse, neglect or exploitation of vulnerable adults,
     And,
     Com. Sub. for S. B. 563, Clarifying Chief Technology Officer's responsibility prior to transfer or retirement of certain equipment,
     And reports the same back with the recommendation that they each do pass.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     Com. Sub. for S. B. 597, Requiring installation of carbon monoxide detectors in certain facilities,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
     In the absence of objection, reference of the bill (Com. Sub. for S. B. 597) to the Committee Finance on was abrogated.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     S. B. 414, Expanding definition of "medical services applicant" under Volunteer for Nonprofit Youth Organizations Act,
     And,
     Com. Sub. for S. B. 435, Relating to nursing home residents' personal funds conveyance upon death,
     And reports the same back with the recommendation that they each do pass.
Messages from the Executive

     The Speaker laid before the House of Delegates a communication from His Excellency, the Governor, as follows:

State of West Virginia

OFFICE OF THE GOVERNOR

Charleston, WV 25305


March 7, 2012


The Honorable Jeffrey Kessler, President
Senate of West Virginia, Office of the President
State Capitol
Building 1, Room 227-M
Charleston, West Virginia 25305

The Honorable Richard Thompson, Speaker
West Virginia House of Delegates, Office of the Speaker
State Capitol
Building 1, Room 462-M
Charleston, West Virginia 25305

Dear President Kessler and Speaker Thompson:

     After the submission of my recommended FY 2013 Executive Budget on January 11, 2012, and my first adjustment letter on February 9, 2012, there have been a few areas that require adjustments and, therefore, I would like to provide you with additional recommended revisions to the TITLE II - APPROPRIATIONS:


Section 1. Appropriations from general revenue.


Department of Education

State Department of Education - State Aid to School, Fund 0317, Fiscal Year 2013, Org 0402
(To adjust School Aid Formula based on latest estimates.)
     
  1. Increase "Other Current Expenses" Activity 022 by $18,263.
         
  2. Decrease "Professional Educators" Activity 151 by $7,500.
         
  3. Decrease "Fixed Charges" Activity 153 by $653.
         
  4. Increase "Transportation" Activity 154 by $396,238.
         
  5. Increase "Improved Instructional Programs" Activity 156 by $753,481.
         
  6. Increase "21st Century Strategic Technology Learning Growth" Activity 936 by $753,481.
         
  7. Increase "Less Local Share" line by $5,023,206 from ($389,802,692) to ($394,825,898).



Department of Health and Human Resources

Division of Human Services, Fund 0403, Fiscal Year 2013, Org 0511
(To adjust appropriation for Medical Services.)
     
  1. Increase "Medical Services" Activity 189 by $4,052,753 .


Department of Revenue

Division of Professional and Occupational Licenses - State Athletic Commission, Fund, 0523, Fiscal Year 2013, Org 0933
(To adjust the appropriations due to Mixed Martial Arts regulations.)
     
  1. Increase "Personal Services" Activity 001 by $17,000.
         
  2. Increase "Employee Benefits" Activity 010 by $8,300.
         
  3. Decrease "Current Expenses" Activity 130 by $25,300.


Section 3. Appropriations from other funds.


Department of Administration

Department of Administration-Office of the Secretary Employee Pension and Health Care Benefit Fund, Fund 2044, Fiscal Year 2013, Org 0201
(To adjust the spending authority due to the January 19, 2012 final actuarial estimation for Teachers' Retirement Savings Realized.)
     
  1. Decrease "Current Expenses" Activity 130 by $9,939,000.         


Department of Revenue
Racing Commission - General Administration, Fund 7305, Fiscal Year 2013, Org 0707
(To adjust spending authority to fiscal year 2012 level.)
     
  1. Decrease "Current Expenses" Activity 130 for $696,800.


Miscellaneous Boards and Commissions

Hospital Finance Authority, Fund 5475, Fiscal Year 2013, Org 0509
(To adjust spending authority due to unanticipated legal expenses.)
     
  1. Increase "Personal Services" Activity 001 for $20,000.
         
  2. Increase "Employee Benefits" Activity 010 for $9,700.
         
  3. Increase "Current Expenses" Activity 130 for $30,000.


Section 6. Appropriations of federal funds.


Department of Administration  

Children's Health Insurance Agency, Fund 8838, Fiscal Year 2013, Org 0230
(To increase spending authority for federal funds.)

     
  1. Increase "Current Expenses" Activity 130 by $10,000,000.


Department of Environmental Protection   

Division of Environmental Protection, Fund 8708, Fiscal Year 2013, Org 0313
(To increase spending authority for grants from the U.S. Office of Surface Mining)

     
  1. Increase "Current Expenses" Activity 130 by $66,500,000.


Section 8. Awards for claims against the state.


Please amend the language to read as follows:
"There are hereby appropriated for fiscal year 2013, from the fund as designated, in the amounts as specified, general revenue funds in the amount of $6,057,143, special revenue funds in the amount of $366,855, and state road funds in the amount of $2,093,948 for payment of claims against the state."

     Thank you for your time and consideration of this matter. Your cooperation is always appreciated. Should you have any questions or require additional information, please call me at any time.

                                        Sincerely,

                                        Earl Ray Tomblin,
                                         Governor

Special Calendar

Unfinished Business

     S. C. R. 44, Requesting DOH name portion of I-79 in Monongalia County "Charles J. Whiston Interchange"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Third Reading

     Com. Sub. for S. B. 185, Relating to Employee Suggestion Award 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. 246), and there were--yeas 82, nays 17, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Anderson, Andes, Armstead, Ashley, Border, Carmichael, Cowles, Ellington, Gearheart, Householder, Howell, Lane, J. Miller, Nelson, Savilla, Staggers and Walters.
     Absent and Not Voting: Fleischauer.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 185) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     Com. Sub. for S. B. 186, Providing salary equity supplement payments to teachers and service personnel; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 247), and there were--yeas 94, nays 5, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Ellington, Gearheart, Householder, J. Miller and Nelson.
     Absent and Not Voting: Fleischauer.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 186) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 248), and there were--yeas 94, nays 6, absent and not voting none, with the nays being as follows:
     Nays: Ellington, Gearheart, Householder, Howell, J. Miller and Nelson.
     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. 186) takes effect from passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     Delegate Nelson noted to the Clerk that he had inadvertently vote "Nay" on Roll Nos. 247 and 248, instead of having voted "Yea".
     Com. Sub. for S. B. 362
, Authorizing bond issuance for Cacapon Resort State Park and Beech Fork State Park capital improvements; 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. 249), and there were--yeas 95, nays 5, absent and not voting none, with the nays being as follows:
     Nays: Andes, Householder, J. Miller, Savilla and Snuffer.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 362) 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:
     Com. Sub. for S. B. 362 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-22-18e; and to amend said code by adding thereto a new section, designated §31-15-16b, all relating to authorizing the issuance of $52.5 million in bonds for capital improvements for Cacapon Resort State Park and Beech Fork State Park beginning in fiscal year 2013; providing that the debt service on the bonds is payable from an additional allocation to from the State Excess Lottery Revenue Fund; providing that the Economic Development Authority may issue the bonds under certain circumstances; and creating the Cacapon and Beech Fork State Parks Lottery Revenue Debt Service Fund."
     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. 371, Providing school system under declared state of emergency participate as innovation zone pilot project; 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. 250), and there were--yeas 95, nays 4, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Cowles, Howell, Kump and Walters.
     Absent and Not Voting: Talbott.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 371) passed.
     An amendment to the title of the bill, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the title to read as follows:
     Com. Sub. for S. B. 371 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5B-12, relating to creating school system collaborative innovation zones; legislative findings and intent; restricted eligibility for designation of school systems; process for requesting and approving or disapproving designation; authorities granted by virtue of designation and duration thereof; extension of designation; effect of change in status on designation; required strategic plan of improvement; purpose, contents and process for development and approval of improvement plan; plan amendments; process for requesting and approving exceptions to statutes, policies, rules and interpretations; prohibition on exceptions from certain statutes, policies, rules and interpretations; state board rule for implementation, including emergency rule if necessary; certain state board review and reporting on progress of designated school systems; examples of potential areas for innovation; requiring collaboration to the extent applicable of county commission with Office of Coalfield Community Development on certain needs; authorizing to the extent applicable an area health organization to work with county board in addressing certain needs and authorizing partnership with certain other health organizations; and authorizing to the extent applicable Concord University to work with county board in addressing certain needs including implementation of teacher-in-residence program subject to certain conditions."
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 251), and there were--yeas 97, nays 3, absent and not voting none, with the nays being as follows:
     Nays: Cowles, Howell and Kump.
     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. 371) takes effect from 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. 387, Requiring training of floodplain managers; 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. 252), and there were--yeas 99, nays 1, absent and not voting none, with the nays being as follows:
     Nays: Howell.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 387) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     S. B. 410, Requiring backup withholding for certain gambling prizes; on third reading, coming up in regular order, was read a third time.
     Delegate Lawrence requested to be excused from voting on the passage of S. B. 410 under the provisions of House Rule 49.
     The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Lady from voting.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 253), and there were--yeas 99, nays 1, absent and not voting none, with the nays being as follows:
     Nays: Kump.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 410) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     S. B. 424, Exempting certain barbers from continuing education requirement; 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. 254), 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. 424) passed.
     An amendment to the title of the bill, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the title to read as follows:
     Com. Sub. for S. B. 424 - "A Bill to amend and reenact §30-27-10 of the Code of West Virginia, 1931, as amended, relating to the Board of Barbers and Cosmetologists; and exempting barbers from continuing education requirements."
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 255), and there were--yeas 100, nays none, absent and not voting none.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 424) takes effect from passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     S. B. 430, Conforming code provisions to Streamlined Sales and Use Tax Agreement; 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. 256), and there were--yeas 86, nays 14, absent and not voting none, with the nays being as follows:
     Nays: Andes, Armstead, Gearheart, Householder, Howell, Kump, Lane, J. Miller, O'Neal, Overington, Savilla, Snuffer, Sobonya and Sumner.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 430) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 257), and there were--yeas 87, nays 13, absent and not voting none, with the nays being as follows:
     Nays: Armstead, Gearheart, Householder, Howell, Kump, Lane, J. Miller, O'Neal, Overington, Savilla, Snuffer, Sobonya and Sumner.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 430) takes effect from 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. 471, Authorizing Supreme Court establish mental hygiene commissioners' compensation; 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. 258), and there were--yeas 94, nays 6, absent and not voting none, with the nays being as follows:
     Nays: Craig, C. Miller, Reynolds, Savilla, Skaff and Sobonya.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 471) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 259), and there were--yeas 94, nays 6, absent and not voting none, with the nays being as follows:
     Nays: Gearheart, Householder, Howell, C. Miller, Savilla and Sobonya.
     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. 471) takes effect from 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. 621, Requiring DOH concurrence that major subdivisions or land developments provide sufficient access; 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. 260), and there were--yeas 98, nays 2, absent and not voting none, with the nays being as follows:
     Nays: Andes and Savilla.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 621) passed.
     An amendment to the title of the bill, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the title to read as follows:

     Com. Sub. for S. B. 621 - "A Bill to amend and reenact §8A-5-7 of the Code of West Virginia, 1931, as amended, all relating to the approval of major subdivision or land development plans and plats; and requiring a letter from the Division of Highways stating there is sufficient access to state roads."
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     S. B. 655, Allowing licensure of certain veterinarians by endorsementt; 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. 261), 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. 655) passed.
     An amendment to the title of the bill, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the title to read as follows:
     Com. Sub. for S. B. 655 - "A Bill to amend and reenact §30-10-8 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-10-8as, all relating to authorizing license of veterinarians from other jurisdictions; requiring substantially similar qualifications; providing requirements for licensure; and prohibiting licensure for practitioner under investigation."
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     H. B. 4656, Making a supplementary appropriation to the Division of Human Services - Temporary Assistance for Needy Families; on third reading, coming up in regular order, was read a third time.
     On the passage of the bill, the yeas and nays were taken (Roll No. 262), and there were--yeas 94, nays 6, absent and not voting none, with the nays being as follows:
     Nays: Ellington, Gearheart, Householder, Howell, J. Miller and Sigler.
     So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4656) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 263), and there were--yeas 93, nays 7, absent and not voting none, with the nays being as follows:
     Nays: Ellington, Gearheart, Householder, Howell, J. Miller, Savilla and Sigler.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4656) takes effect from passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     H. B. 4657, Making a supplementary appropriation to the Department of Administration - Office of the Secretary - Employee Pension and Health Care Benefit Fund, Division of Purchasing, Department of Environmental Protection, etc.; on third reading, coming up in regular order, was read a third time.
     On the passage of the bill, the yeas and nays were taken (Roll No. 264), and there were--yeas 91, nays 9, absent and not voting none, with the nays being as follows:
     Nays: Andes, Ellington, Gearheart, Householder, Howell, J. Miller, Overington, Savilla and Sigler.
     So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4657) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 265), and there were--yeas 93, nays 7, absent and not voting none, with the nays being as follows:
     Nays: Ellington, Gearheart, Householder, Howell, J. Miller, Savilla and Sigler.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4657) takes effect from passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Second Reading

     S. B. 156, Allowing Corrections Commissioner use excess funds to offset operational costs; on second reading, coming up in regular order, was read a second time.
     An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page one, section eleven, beginning on line one, by striking out the words "(a) There is hereby created in the State Treasury a special revenue account designated the Correctional Industries Account" and the period, and inserting in lieu thereof the words "The Correctional Industries Account is continued in the State Treasury", followed by a period.
     The bill was then ordered to third reading.
     S. B. 166, Making disarming or attempting to disarm correctional officer felony; on second reading, coming up in regular order, was read a second time and ordered to third reading.
     S. B. 202, Permitting Division of Forestry to enter into stewardship contracts with U. S. Forest Service; 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 three, section four, line thirty, by striking out the period and inserting the words "and submit an annual report to the Joint Committee on Government and Finance, no later than the first day of October each year, specifying the locations of projects, the amount of funding received, number of contracts, and the purpose of each contract."
     The bill was then ordered to third reading.
     S. B. 204, Relating to removal of vehicles from highway in emergency situations; on second reading, coming up in regular order, was read a second time and ordered to third reading.
     S. B. 215, Specifying unobligated moneys in Industrial Access Road Fund revert to State Road Fund; on second reading, coming up in regular order, was read a second time and ordered to third reading.
     Com. Sub. for S. B. 253, Authorizing DEP promulgate legislative rules; on second reading, coming up in regular order, was read a second time and ordered to third reading.
     Com. Sub. for S. B. 321, Authorizing Department of Military Affairs and Public Safety promulgate legislative rules; on second reading, coming up in regular order, was read a second time.
     An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 6. AUTHORIZATION FOR DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY TO PROMULGATE LEGISLATIVE RULES.
§64-6-1. State Police.
     (a) The legislative rule filed in the State Register on July 25, 2011, authorized under the authority of section twenty-five, article two, chapter fifteen of this code, modified by the State Police to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on January 6, 2012, relating to the State Police (West Virginia State Police Career Progression System, 81 CSR 3), is authorized.
     (b) The legislative rule filed in the State Register on July 25, 2011, authorized under the authority of section forty-eight, article fifteen, chapter seventeen-c of this code, modified by the State Police to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on January 6, 2012, relating to the State Police (West Virginia State Police Modified Vehicle Inspection Manual, 81 CSR 4), is authorized, with the following amendment:
     On page ten, paragraph 81-4-4.6.2., after the word "spacers", by adding the following, "on the end of the coil.
§64-6-2. Governor's Committee on Crime, Delinquency and Correction.
     (a) The legislative rule filed in the State Register on July 28, 2011, 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 January 3, 2012, relating to the Governor's Committee on Crime, Delinquency and Correction (law- enforcement training standards, 149 CSR 2), is authorized.
     (b) The legislative rule filed in the State Register on July 28, 2011, authorized under the authority of section eleven, article one-a, chapter sixty-two 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 January 3, 2012, relating to the Governor's Committee on Crime, Delinquency and Correction (motor vehicle search standards, 149 CSR 6), is authorized.
§64-6-3. Division of Corrections.
     The legislative rule filed in the State Register on May 23, 2011, authorized under the authority of section fourteen, article one, chapter twenty-five of this code, modified by the Division of Corrections to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on July 20, 2011, relating to the Division of Corrections (fees for electronic monitoring of offenders, 90 CSR 8), is authorized."
     The bill was then ordered to third reading.
     S. B. 331, Providing certain persons residing with crime victims prosecutorial notification and right to be heard at sentencing and parole proceedings; 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 three, following the words "misdemeanor, the", beginning on line four, by striking out the remainder of the paragraph, and inserting in lieu thereof the words "following persons shall be notified if known by the prosecutor: A member of the deceased victim's immediate family, the fiduciary of the deceased victim's estate, or an adult household member residing with the victim."
     On page five, section six, on lines thirty-five through thirty-seven, by striking out the words "nonrelated person who resided with the victim for at least twelve months preceding the crime" and inserting in lieu thereof the words "adult household member residing with the victim".
     And,
     On page eight, section twenty-three, on lines twenty-five through twenty-seven, by striking out the words "nonrelated person who resided with an adult victim at the time of the crime and for at least twelve months preceding the crime" and inserting in lieu thereof the words "adult
household member residing with the victim".
     The bill was then ordered to third reading.
     S. B. 337, Relating to powers and duties of Commissioner of Banking; on second reading, coming up in regular order, was read a second time and ordered to third reading.
     Com. Sub. for S. B. 369, Permitting Deputy Sheriff Retirement System retirants to modify benefit options upon divorce; 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 five, section twelve, line seventy-two, following the word "divorce", by inserting the words "or annulment"
     And,
     On page five, section twelve, line eighty-five, following the words "retirant to", by striking out the remainder of the sentence and inserting in lieu thereof the following: "change the retirement benefit option pursuant to the provisions of this subdivision."
     The bill was then ordered to third reading.
     Com. Sub. for S. B. 373, Providing State Police collect fee for advanced training; 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, line twenty-two, by striking out the words "reasonable fee", and inserting in lieu thereof "reasonable daily fee per student".
     The bill was then ordered to third reading.
     S. B. 386, Clarifying entities included in water's-edge group for income tax purposes; on second reading, coming up in regular order, was read a second time and ordered to third reading.
     Com. Sub. for S. B. 418, Relating to qualifications of Parole Board members; 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 language:
     "That §62-12-12 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 12. PROBATION AND PAROLE.
§62-12-12. Parole board generally.
     
There shall be a state board of parole, known as (a) The West Virginia Parole Board is continued. The board shall consist of nine members, each of whom shall have been a resident of this state for at least five consecutive years prior to his or her appointment. No more than five of the board members may at any one time belong to the same political party. The board shall be appointed by the Governor, by and with the advice and consent of the Senate.
     (b) Appointments following the effective date of this section shall be made in such a manner that each congressional district is represented and so that no more than four and no less than two members of the board reside in any one congressional district. No more than two members of the board may reside in any one county. Each member of the board shall have a degree in criminal justice, or like experience and academic training
     
(c) Any person initially appointed to the board on or after July 1, 2012, shall have at least a baccalaureate degree from an accredited college or university institution and at least five years of actual experience in the fields of penology, corrections, law enforcement, sociology, law, education, psychology, social work, medicine or a combination thereof Each member of the board shall have a degree in criminal justice, sociology, law, education, psychology, social work, or medicine, or like experience and academic training and shall be otherwise competent to perform the duties of his or her office. The members shall be appointed for overlapping terms of six years. Any member qualified under this section is Members are eligible for reappointment. The members of the board shall devote their full time and attention to their board duties. The Governor shall appoint one of the nine appointed members to serve as chairperson at the Governor's will and pleasure."
     The bill was then ordered to third reading.
     S. B. 436, Facilitating collaboration between public school and higher education systems to promote seamless curricula; on second reading, coming up in regular order, was read a second time.
     An amendment, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the bill on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
     "That §18-27-1, §18-27-2, §18-27-3, §18-27-4, §18-27-5, §18-27-6, §18-27-7, §18-27-8, §18-27-9, §18-27-10, §18-27-11, §18-27-12, §18-27-13, §18-27-14, §18-27-15, §18-27-16, §18-27-17, §18-27-18, §18-27-19, §18-27-20, §18-27-21 and §18-27-22 of the Code of West Virginia, 1931, as amended, be repealed; that §18-2-10 of said code be amended and reenacted; that §18-2B-1, §18-2B-2, §18-2B-3, §18-2B-4 and §18-2B-7 of said code be amended and reenacted; that said code be amended by adding thereto a new article, designated §18-13-1, §18-13-2, §18-13-3, §18-13-4 and §18-13-5; that said code be amended by adding thereto a new article, designated §18B-3B-1, §18B-3B-2 and §18B-3B-3; that §18B-3C-1, §18B-3C-2 and §18B-3C-4 of said code be amended and reenacted; and that said code be amended by adding thereto a new section, designated §18B-14-1, all to read as follows:
CHAPTER 18. EDUCATION.

ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-10. Certificates and awards.
                       The State Board of Education shall make promulgate rules and regulations and shall determine the minimum standards for the granting of certificates and awards for secondary vocational education, adult basic education, adult occupational education and adult technical preparatory education, subject to the provisions of section two, article two-b of this chapter and article three-a of chapter eighteen-b of this code.
                       The State Board shall provide a program of adult basic education at each state community and technical college campus where developmental education services are provided in cooperation with the West Virginia Council for Community and Technical College Education and the institutional board of governors of each college. This approach to providing adult basic education links these programs with developmental education and creates a simpler, clearer pathway for adults to enter college.
ARTICLE 2B. AREA VOCATIONAL PROGRAM.
§18-2B-1. Aims and purposes of program; areas where available.
               The aims and purposes of the area vocational educational program shall be are to provide vocational training or retraining on an organized basis designed to prepare individuals for useful employment in recognized occupations. The program shall be made available to residents of West Virginia in an area or areas designated and approved by the West Virginia board of vocational education State Board.
§18-2B-2. Authority to establish programs, etc.; Division of Vocational Education established; rules; director.
                                            (a) The State Board may establish, operate and maintain area vocational educational programs including the acquisition by purchase, lease, gift or otherwise of necessary lands and the construction, expansion, remodeling, alteration and equipping of necessary buildings for the purpose of operating and conducting educational training centers.
                                            (b) The State Board may delegate its operational authority for multicounty vocational centers to an administrative council composed of equal representation from each of the participating county boards of education, the superintendent of schools from each participating county, and the state director of vocational education or his or her representative. To this end, there is hereby expressly established in the State Board a division of vocational education which shall determine the area or areas in which the programs are to be conducted and is authorized to promulgate rules necessary to carry out the provisions of this article, pursuant to article three-b, chapter twenty-nine-a of this code. The director of the division of vocational education administers and supervises the area vocational educational programs.
§18-2B-3. Area vocational education program funds.
               There is hereby established a fund to be known as the Area Vocational Education Program Fund for Secondary Education. There is hereby established a separate fund to be known as the Area Vocational Education Program Fund for Post-Secondary Vocational Education. All moneys appropriated for such purpose by the Legislature as well as any gifts or grants made to the appropriate fund by any governmental subdivision of the state or by the United States government or by any individual, firm or corporation, to carry out the provisions of this article shall be expended by the State Board. of Education or the board of directors, as the case may be.
§18-2B-4. Expenditure of funds; title to property.
               The State Board of Education and the board of directors, as the case may be, are authorized and empowered to may expend the area vocational education program funds for salaries; teachers' retirement contributions and necessary traveling expenses of teachers and other necessary employees, including, but not limited to, vocational guidance counselors; for purchase, rental, maintenance and repair of instructional equipment, buildings and supplies; and for the necessary costs of transportation of certified students.
§18-2B-7. Transportation of students.
               The State Board of vocational education is hereby authorized and empowered to may pay for the transportation of any certified unemployed person participating in any area vocational educational program during the period of time that he or she is engaged in said the training program at any of the instructional centers.
ARTICLE 13. West Virginia EDGE.
§18-13-1. Earn a Degree - Graduate Early (EDGE) initiative established; purposes.

          The Earn a Degree - Graduate Early initiative herein established is known and may be cited as 'West Virginia EDGE'. This program is part of the programs of study and seamless curriculum initiative that focuses on aligning curriculum between education levels. Specifically, West Virginia EDGE is established to connect public schools with higher education for the following purposes:
          (a) To prepare public high school students for success in the workplace or postsecondary education; and
          (b) To provide the opportunity for these students to earn community and technical college credit free-of-charge for the duplicated secondary and postsecondary courses identified during the curriculum alignment process.
§18-13-2. Goals for West Virginia EDGE.
          In order to serve the citizens of the state by promoting a higher college-going rate, reducing the time and cost for students to obtain college credentials and expanding opportunities for economic development, the West Virginia EDGE initiative shall meet the following goals:
          (1) Create incentives for more students to continue their education beyond high school by providing all students with information about and access to courses that will prepare them to meet college-level standards;
          (2) Expand successful concurrent enrollment programs that include all students, not just those who are designated as college bound. The goal here is to prepare all students for both work and postsecondary education with the same rigorous curriculum;
          (3) Align junior and senior year secondary courses with community and technical college certificate and associate degree programs. This alignment provides access to early entrance college courses which offer all students the opportunity to establish a college transcript while still in high school;
          (4) Increase the number of students attending public community and technical colleges by participating in a collaborative partnership between the public schools and the state community and technical colleges; and
          (5) Establish programs of study pathways in combination with early entrance college courses which together allow a student to obtain an associate degree one year after high school graduation or to receive an associate degree along with the high school diploma.
§18-13-3. Program administration and accountability.
          (a) West Virginia EDGE is administered by the Assistant State Superintendent of the Division of Technical, Adult and Institutional Education who serves as State Tech-Prep Coordinator. The community and technical college/career and technical education consortia planning districts created by section four, article three-c, chapter eighteen-b of this code serve as regional consortia to implement the program.
          (b) The duties of State Tech-Prep Coordinator include, but are not limited to, the following:
          (1) Developing a collaborative agreement with the facilitating state community and technical college or colleges in each consortium district and with the Council for Community and Technical College Education to meet the goals and objectives of this article.
          (2) Meeting the record-keeping requirements of section nine, article eight, chapter five of this code:
          (A) By developing or adapting an existing comprehensive relational data base and data analysis system for student tracking to assure that consistent, reliable data relevant to the goals of the program are available; and
          (B) By tracking and evaluating EDGE outcomes across all eight consortia districts and by creating a standardized reporting procedure for collecting consistent EDGE data at the state level;
          (3) Assuring that coordinators in the district consortia prepare and retain reliable supporting source documents necessary to validate the data included with the state electronic database;
          (4) Providing documentation to substantiate program outcomes, including, but not limited to, the number of students who enroll in the program, specific courses taken, student course and final exam grades, the number who earn EDGE credits and, of these, the number who apply the credits in pursuit of degrees or certifications at state community and technical colleges; and
          (5) Collecting data relevant to the goals and objectives established for this initiative, analyzing the data, and preparing a report for the Legislative Oversight Commission on Education Accountability by December 1, 2012, and annually thereafter. The specific focus of the report is the analysis of data on program outcomes to demonstrate to what degree the initiative has met the goals and objectives of this article.
§18-13-4. Joint rule required.
          The State Board and the West Virginia Council for Community and Technical College Education, created in section three, article two-b, chapter eighteen-b of this code, shall promulgate a joint legislative rule in accordance with article three-b, chapter twenty-nine-a of this code, for the administration of West Virginia EDGE. This rule shall incorporate strategies designed to achieve the overall goals of the program, methods of operation, and step-by-step procedures for achieving the objectives outlined in section two and for implementing the reporting and accountability measures set forth in section three of this article.
§18-13-5. No specific level of appropriation required.
          The Legislature recognizes the importance of the West Virginia Edge Program and will endeavor to provide sufficient funds to meet program goals and objectives. However, funding is subject to appropriation by the Legislature and nothing in this article requires any specific level of appropriation.
CHAPTER 18B. HIGHER EDUCATION.

ARTICLE 3B. COLLABORATIVE DEGREE COMPLETION PROGRAM.
§18B-3B-1. Legislative findings and intent.
          
(a) The Legislature makes the following findings:
          (1) Evidence from national studies shows clearly that the need to increase the number of Americans who hold post-secondary credentials has reached a critical point. According to Complete College America, the United States has fallen from its long-held position as first among the nations and now ranks tenth in the percentage of young adults with a college degree. Even more discouraging is the statistic which shows that, for the first time in national history, the current generation of college-age Americans will be less educated than their parents' generation.
          (2) In West Virginia, the large numbers of high school students who are uninterested and/or unprepared for college can be attributed to three primary factors:
          (A) Lack of alignment in courses between public education and public colleges and universities;
          (B) Lack of clear career pathways presented to students early enough to help them choose and follow an articulated path from high school through postsecondary education; and
          (C) Lack of knowledge among students and parents about financial aid opportunities that can help them and their families defray the cost of attending college.
          (3) Sixty-three percent of jobs now available or to become available in the near future require postsecondary education. This statistic is particularly relevant for community and technical college students, but even for students who choose to pursue a four-year degree, it is critical that they be clearly focused on career goals in order to succeed.
          (4) Currently, a severe gap exists between the demands for technically skilled workers in West Virginia and the aspirations and programmatic focus of many of our students. Nearly thirty percent of the state's high school students have failed to enroll in either the pre-baccalaureate professional pathway or the career and technical education skilled pathway. Most of these individuals could be better served in a focused program of study that begins in the public schools and makes a seamless transition to the postsecondary level in the state community and technical colleges.
          (5) The best way to promote this focus on career goals among our students is through implementation of career pathways. This is an integrated collection of programs and services intended to develop students' core academic, technical and employability skills; provide them with continuous education and training; and place them in high-demand, high-opportunity jobs.
          (6) In West Virginia, preparing students to achieve higher levels of education is a responsibility shared among the state agencies responsible for providing education and workforce development training. Since increasing the education level of state citizens enhances West Virginia's economic future and the general well-being of its citizens, providing additional opportunities to earn a college credential is the responsibility of all public secondary education and state institutions of higher education.
          (b) It is the intent of the Legislature to encompass the entire public higher education system to remove those obstacles that block these pathways to college completion and to direct agencies and institutions to collaborate and cooperate to deliver needed services. Therefore, the object of this article is two-fold:
          (1) To set forth a viable collaborative model that public community and technical colleges and public school career centers shall adopt to increase the number of West Virginians with a college credential; and
          (2) To maximize existing resources and capacity to train the work force in West Virginia by encouraging the most efficient expenditure of available dollars.
§18B-3B-2. Collaborative degree completion program established; program applicability and objectives.
          
(a) The Collaborative Degree Completion Program is hereby established as a collaborative partnership which includes the following:
          (1) The public school career and technical centers which includes state technology centers, technical centers, career centers and career/technical centers; and
          (2) The state community and technical colleges.
          (b) The program shall meet the following objectives:
          (1) Increasing the number of West Virginians who hold a college credential and providing opportunities for a larger number of adults to earn that credential;
          (2) Increasing the education and technical skill levels of the state's work force; and
          (3) Delivering post-secondary technical education in the most effective and cost efficient manner by maximizing the available resources of career centers and community and technical colleges.
          (c) The program shall be adopted by each community and technical college/career and technical education consortia planning district. Each district shall assess the needs of its employers, institutions and centers and may adapt the basic model to fit the needs of the area to be served; however, each model shall include the following basic strategies to meet the objectives established in this article:
          (1) Identify postsecondary adult career-technical education programs offered by the public school career centers that are to be evaluated for delivery as a Certificate of Applied Science or an Associate of Applied Science Degree;
          (2) Ensure that all collaborative programs meet the conditions of the Higher Learning Commission of the North Central Association of Schools and Colleges which is the accrediting body for state community and technical colleges;
          (3) Ensure that all collaborative programs meet the academic standards of the participating college; and
          (4) Provide for the collaborative program to remain onsite at the career and technical center if participating agencies determine that site to be the best location for achieving program objectives.
§18B-3B-3. Powers and duties of agencies participating in collaborative degree completion program.
          Members of each community and technical college/career and technical education consortia planning district shall enter into an agreement that delineates the division of responsibilities among the facilitating community and technical college pursuant to section four, article three-c of this chapter and the career and technical centers, including activities for which these entities are jointly responsible.
          (a) The following activities are the responsibility of the facilitating community and technical college in each consortia planning district:
          (1) Approve all curricula course and/or programs through the college's approval process;
          (2) Maintain authority over the curriculum as required by the college's accrediting agency;
          (3) Deliver all program general education courses;
          (4) Award the appropriate degree;
          (5) Employ all general education faculty and approve the employment of all technical program faculty;
          (6) Enroll students through the college's admission and registration process and administer student financial aid, including coordinating and administering veterans' education benefits;
          (7) Charge and collect the college's tuition and fees; and
          (8) Pay the career and technical center for technical faculty time.
          (b) The following activities are the responsibility of each career and technical center within the consortium planning district:
          (1) Deliver the majority of the technical content courses;
          (2) Maintain equipment and laboratories and provide adequate instructional space if the program is delivered onsite at the career and technical center; and
          (3) Employ technical content faculty, if needed. If participants choose, these faculty members may be provided by the facilitating community and technical college.
          (c) The following activities are the joint responsibility of the facilitating community and technical college and each career and technical center in the consortium planning district:
          (1) Maintain programmatic accreditation, if required;
          (2) Maintain student transcripts at both the community and technical college and the career and technical center. The college transcript is the official transcript of record;
          (3) Determine admission standards and student acceptance into the programs;
          (4) Market the program and share the cost of marketing as determined in the consortia agreement;
          (5) Develop and implement a program of cross counseling in which counselors from secondary and postsecondary career and technical centers and state community and technical colleges meet with students and their parents, beginning in the eighth grade to answer their education and career-related questions, to serve as a source of support through high school graduation and to provide specific, targeted information on career pathways and financial aid opportunities; and
          (6) Determine the feasibility of collaboratively developing and implementing postsecondary-level programs to extend high school programs that currently are terminal.
ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
§18B-3C-1. Legislative findings.

          (a) The Legislature makes the following findings related to state community and technical colleges:
          (1) Community and technical colleges are a distinctively American invention. They fill a critical gap between public secondary education and the baccalaureate institutions and universities and they provide a connection between adult basic education and higher education. Their overriding mission is to provide affordable access to postsecondary education and to provide this education and related services to people who otherwise might not have enrolled in a college or university. They provide access to students who live in geographic proximity and who seek low-cost postsecondary education.
          (2) As the state's primary provider of workforce education and training, community and technical colleges located in every region of West Virginia are essential to a statewide strategy to prepare students for high-demand, high-wage jobs, workforce development necessary to diversify and grow the state's economy, and further postsecondary education and life long learning.
          (3) The mission of state community and technical colleges is to provide comprehensive education services that combine the critical functions of career-technical education and work force development, non-credit industry training, transfer education, developmental education and continuing education.
          (4) While the student population of state community and technical colleges is now evenly divided between those who are under age twenty-five and adults who are twenty-five and older, the number in both categories who earn a degree or industry-recognized certificate within six years remains low. The declining numbers of high school graduates in the state makes it imperative for the community and technical college system to focus on increasing the numbers of adults who enroll and who complete programs to earn a degree or industry-recognized certificate within six years.
          (b) In carrying out their mission, the governing boards of the community and technical colleges shall collaborate with public high schools and career and technical centers to deliver services effectively and efficiently in the locations where they are needed most.
§18B-3C-2. Legislative intent.
          The following comprise the intent of the Legislature in enacting this article:
          (a) To establish community and technical college education that is well articulated with the public schools, the career and technical education centers and other state institutions of higher education; that encourages traditional and nontraditional students and adult learners to pursue a lifetime of learning; that serves as an instrument of economic development; and that has the independence and flexibility to respond quickly to changing needs of citizens and employers in the state;
          (b) To establish community and technical college/career and technical education consortia districts for each of the community and technical colleges in order to ensure that the full range of community and technical college education programs and services is provided in all areas of the state, including the implementation of seamless programs of study as exemplified by West Virginia EDGE, established in article thirteen, chapter eighteen of this code and the Collaborative Degree Completion Program, established in article three-b of this chapter;
          (c) To define the full range of programs and services that each community and technical college has the responsibility to provide; and
          (d) To establish other policies and procedures necessary to ensure that the needs of West Virginia, its people and its businesses are met for the programs and services that can be provided through a comprehensive system of community and technical colleges.
§18B-3C-4. Community and technical college/career and technical education consortia planning districts.
     (a) Unless otherwise designated, the presidents of each the community and technical college facilitates colleges facilitate the formation of community and technical college/career and technical education consortia in the state. which Each consortium includes representatives of community and technical colleges, public vocational-technical career and technical education centers and public state baccalaureate institutions offering associate degrees. The community and technical college consortium shall The consortium is responsible for carrying out the following actions:
     (1) Complete Completing a comprehensive assessment of the district to determine what education and training programs are necessary to meet the short- and long-term workforce development needs of the district;
     (2) Coordinate Coordinating efforts with regional labor market information systems to identify the ongoing needs of business and industry, both current and projected, and to provide information to assist in an informed program of planning and decision-making;
     (3) Plan and develop Planning and developing a unified effort between the community and technical colleges and public vocational-technical career and technical education to meet the documented workforce development needs of the district through individual and cooperative programs; shared facilities, faculty, staff, equipment and other resources; and the development and use of distance learning and other education technologies;
     (4) Collaborating and developing jointly the collaborative programming for adults between the community and technical colleges and the public career and technical centers. The focus of these collaborative efforts is the development of advanced skill programming that builds on the secondary curriculum and allows career and technical education graduates to acquire more in-depth preparation in their occupational area of interest;
_____
(4) Regularly review and revise
     (5) As a consortium, regularly reviewing and revising curricula to ensure that the work force needs are met; develop developing new programs and phase out or modify phasing out or modifying existing programs, as appropriate, to meet such needs; and streamline streamlining procedures for designing and implementing customized training programs;
     (5) Increase
     (6) Increasing the integration of secondary and post-secondary curriculum and programs that are targeted to meet regional labor market needs, including implementation of seamless curricula projects implementing seamless programs of study, in all major career pathways including West Virginia EDGE, Earn a Degree, Graduate Early Program and the Collaborative Degree Completion Program:
_____
(A) Research shows that well-planned, well-coordinated programs of study have a positive impact on school attendance, student grades, achievement scores, retention rates and career planning. To be successful, programs of study must include coherent and rigorous content aligned with challenging academic standards and relevant career and technical education content. They must provide for student movement through a coordinated, nonduplicative progression of courses that align secondary education with community and technical college education to prepare students to succeed at the community and technical college level and in high-wage, high-demand occupations;
_____(B) Therefore, the focus of each consortium is to identify the high-demand, high-wage occupations within the service district and develop programs of study, based on the findings, that lead to an industry-recognized credential, a certificate of applied science degree or an associate degree;
_____(C) The initial consortium compact and each annual update required in subsection (d) of this section shall identify the programs of study that are to be implemented in the district service area;
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(6) Planning and implementing
     (7) Planning and implementing integrated professional development activities for secondary and post-secondary faculty, staff and administrators;
     (7) Ensure
     (8) Ensuring that program graduates have attained the competencies required for successful employment through the involvement of business, industry and labor in establishing student credentialing;
     (8) Performance assessment of
     (9) Assessing student knowledge and skills which may be gained from multiple sources so that students gain credit toward program completion and advance more rapidly without repeating course work in which they already possess competency;
     (9) Cooperate
     (10) Cooperating with workforce investment boards in establishing to establish one-stop-shop career centers with integrated employment and training and labor market information systems that enable job seekers to assess their skills, identify and secure needed education training, and secure employment, and that allow employers to locate available workers;
     (10) Increase
     (11) Increasing the integration of adult literacy, adult basic education, federal Work Force Investment Act and community and technical college programs and services to expedite the transition of adults from welfare to gainful employment, and including cooperating with the State Department of Education to provide adult basic education programs on each community and technical college campus in the state where developmental education services are provided; and
_____
(11) Establish
     (12) Establishing a single point of contact for employers and potential employers to access education and training programs throughout the district.
     (b) The community and technical college education consortium shall cooperate with the regional workforce investment board in the district and shall participate in any development or amendment to the regional workforce investment plan.
     (c) To carry out the provisions of this section, community and technical college/career and technical education consortia planning districts are established and defined as follows:
     (1) Northern Panhandle Community and Technical College District includes Hancock, Brooke, Ohio, Marshall and Wetzel counties.
     (A) The facilitating institution is West Virginia Northern Community and Technical College.
     (B) Participating institutions include West Virginia Northern Community and Technical College; John Marshall High School; Cameron High School; John D. Rockefeller IV Career Center; and other public vocational schools career and technical centers offering post-secondary programs.
     (2) North Central West Virginia Community and Technical College District includes Monongalia, Marion, Preston, Taylor, Barbour, Randolph, Doddridge, Harrison, Braxton, Lewis, Calhoun, Gilmer and Upshur counties.
     (A) The facilitating institution is Pierpont Community and Technical College. a division of Fairmont State University.
     (B) Participating institutions include Pierpont Community and Technical College a division of Fairmont State University; Glenville State College; Randolph County Vocational- Technical Center; Monongalia County Technical Education Center; United Technical Center; Marion County Technical Center; Fred W. Eberly Eberle Technical Center; Calhoun Gilmer Career Center; Taylor County Technical Center; and other public vocational schools career and technical centers offering post-secondary programs.
     (3) Mid-Ohio Valley Community and Technical College District includes Tyler, Pleasants, Ritchie, Wood, Wirt, Jackson and Roane counties.
     (A) The facilitating institution is West Virginia University at Parkersburg.
     (B) Participating institutions include West Virginia University at Parkersburg; West Virginia Northern Community and Technical College; Roane-Jackson Technical Center; Gaston Caperton Center; Wood County Technical Center; Mid Ohio Valley Technical Institute and other public vocational schools career and technical centers offering post-secondary programs.
     (4) Potomac Highlands Community and Technical College District includes Tucker, Pendleton, Grant, Hardy, Mineral and Hampshire counties.
     (A) The facilitating institution is Eastern West Virginia Community and Technical College.
     (B) Participating institutions include Eastern West Virginia Community and Technical College; South Branch Career and Technical Center; Mineral County Technical Center; and other public vocational schools career and technical centers offering post-secondary programs.
     (5) Shenandoah Valley Community and Technical College District includes Berkeley, Jefferson and Morgan counties.
     (A) The facilitating institution is Blue Ridge Community and Technical College.
     (B) Participating institutions include Blue Ridge Community and Technical College; James Rumsey Technical Institute; and other public vocational schools career and technical centers offering post-secondary programs.
     (6) Advantage Valley Community and Technical College District includes Fayette, Kanawha, Clay, Putnam, Cabell, Mason and Wayne counties.
     (A) The facilitating institution is Marshall for Cabell, Mason and Wayne counties is Mountwest Community and Technical College. The facilitating institutions for Clay, Fayette, Kanawha and Putnam counties are Bridgemont Community and Technical College and Kanawha Valley Community and Technical College.
_____
(B) Every five years the council shall:
     
(I) Evaluate the progress of the Advantage Valley Consortia toward achieving the goals and benchmarks of its compact;
     
(ii) Evaluate the progress of each community and technical college in the district toward achieving the goals and benchmarks of its institutional compact;
     
(iii) Determine which community and technical college in the district would best serve the needs of the district for the following five-year period if serving as the facilitating institution; and
     
(iv) Designate the community and technical college selected pursuant to subparagraph (iii) of this paragraph to serve as the facilitating institution for the following five-year period.
     (B) Participating institutions include Marshall Mountwest Community and Technical College; the Bridgemont Community and Technical College; at West Virginia University Institute of Technology; West Virginia State Kanawha Valley Community and Technical College; Carver Career and Technical Education Center; Garnet Career Center; Ben Franklin Career and Technical Center; Putnam County Vocational-Technical-Occupational Career and Technical Center; Cabell County Career-Technical Career-Technology Center; Mason County Career Center; and other public vocational schools career and technical centers offering post-secondary programs.
     (7) Southern Mountains Community and Technical College District includes Lincoln, Boone, Logan, Mingo, Wyoming and McDowell counties.
     (A) The facilitating institution is Southern West Virginia Community and Technical College.
     (B) Participating institutions include Southern West Virginia Community and Technical College; New River Community and Technical College; Boone County Career and Technical Center; Wyoming County Vocational- Career and Technical Center; Ralph R. Willis Career and Technical Center; McDowell County Career and Technology Center; Mingo County Vocation-Technical Extended Learning Center; Charles Yeager Technical Center and other public vocational schools career and technical centers offering post-secondary programs.
     (8) Southeastern Community and Technical College District includes Raleigh, Summers, Fayette, Nicholas, Webster, Pocahontas, Greenbrier, Monroe and Mercer counties.
     (A) The facilitating institution is New River Community and Technical College.
     (B) Participating institutions include New River Community and Technical College; Southern West Virginia Community and Technical College; the Bridgemont Community and Technical College; at West Virginia University Institute of Technology; Bluefield State College; Academy of Careers and Technology; Fayette Plateau Vocation-Technology Center Institute of Technology; Summers County High School; Monroe County Technical Center; Mercer County Technical Education Center; Nicholas County Career and Technical Center; and other public vocational schools career and technical centers offering post-secondary programs.
_____(9) Cochairs preside over each consortium as follows:
_____(A) The president of the facilitating community and technical college, or his or her designee; and
_____(B) A career and technical education center administrator, or his or her designee, representing one of the participating institutions and selected by the consortium administrative leaders.

     (d) In the role of the facilitating institution of the community and technical college district consortium, the college:
     (1) Communicates to the Council and State Board;
     (2) Facilitates the delivery of comprehensive community and technical college education in the region, which includes the seven areas of comprehensive community and technical college education delivery as required by section six of this article; and
     (3) Facilitates development of a statement of commitment signed by all participating institutions in the region as to how setting forth how community and technical college education will be delivered; and
_____
(4) Facilitates the development of a consortium compact to be submitted to the Council and State Board before July 1, 2012, and annually thereafter.
     (e) Participating institutions are not subordinate to the facilitating institution but will shall sign the statement of commitment to participate.
     (f) The council shall: The Council is responsible for carrying out the following activities:
     (1) Maintain guidelines for community and technical college consortia development; Annually evaluating the progress made in meeting the compact goals for each consortium through the development and collection of performance indicator data; and
_____
(2) Set goals for each consortium based upon legislative goals for the delivery of comprehensive community and technical college education; and
     
(3) (2) Maintain a Providing each consortium with a model format for developing and revising a consortium compact outlining plans strategies and procedures for achieving stated goals. to The compact shall be submitted to the Council annually for approval (g) On or before November 15 each year and State Board for their respective approvals before July 1, 2012, and annually thereafter. The Council is responsible for approving the compact components related to community and technical college education. The State Board is responsible for approving the compact components related to career and technical education. each consortium shall submit to the council for approval a compact which outlines plans for obtaining the stated goals. Each compact shall include the implementation of seamless curricula projects programs of study, the Collaborative Degree Completion Program and the West Virginia EDGE Earn a Degree, Graduate Early Program.
     (h) The council annually shall evaluate the progress made in meeting the compact goals for each community and technical college consortia through the development and collection of performance indicator data.
ARTICLE 14. MISCELLANEOUS.
§18B-14-1. Select committee on outcomes-based funding models in higher education.
     (a) The Legislature makes the following findings regarding public higher education:
     (1) It is in the best interest of the citizens to have an effective and comprehensive system for the delivery of public higher education services. In order to achieve desired goals of economic growth and societal well being, it is critical that more citizens have some level of education beyond high school.
     (2) In Senate Bill 595 (Vision 2020), enacted in 2008 regular session, state policymakers established detailed goals and objectives that state institutions are expected to work toward achieving by the year 2020. Vision 2020 also provides mechanisms for measuring success and for holding the state systems of higher education accountable. It establishes clear-cut connections between the budget cycle, the goals and objectives and both positive and negative consequences.
     (3) A variety of policy tools are available to influence and direct public higher education behavior, including organizing institutions into functional systems, creating governance structures and mechanisms designed to ensure that these systems and individual institutions focus on the public policy agenda and establishing outcomes-based goals, accountability measures and regulatory devices.
     (4) While these policy tools are useful, they are not sufficient to influence institutions, students and employers to behave in ways consistent with achieving the goals and objectives of Vision 2020 the public policy agenda. Resources appropriated to public higher education are used most effectively and efficiently when the attention of state colleges and universities is focused on meeting established priorities. This focus is developed and sustained only when the state financing policy contains a direct connection between the Legislature's power to appropriate money and desired institutional outcomes. Unlike rules which can be bent; law can be creatively interpreted; accountability requirements which can lose their effectiveness as they are filtered through layers of bureaucracy; and responsibility for implementation which is divided among agencies and, ultimately, is totally dependent upon institutional discretion, a financing policy that ties the flow of funds directly to progress on achieving established state goals and objectives commands immediate attention.
     (b) It is the constitutional responsibility of the Legislature to determine how to make the best use of available resources to meet state needs and established goals; therefore, the Joint Committee on Government and Finance shall create a select committee for the two-fold purpose of making a specific and detailed analysis of outcomes-based funding models used in higher education and providing recommendations to the Legislature on incorporating one or more of these models as an effective piece of the state's financing policy.
     (c) The select committee consists of the following members:
     (1) The President of the Senate or designee;
     (2) The Speaker of the House of Delegates or designee;
     (3) The chairs of the Senate and House of Delegates Committees on Education, who shall cochair the committee;
     (4) The vice chairs of the Senate and House of Delegates Committees on Education;
     (5) The chairs of the Senate and House of Delegates Committees on Finance or their designees;
     (6) The cochairs of the Joint Commission on Economic Development or their designees;
     (7) Two members each from the Senate Committees on Finance and Education appointed by the President of the Senate; and
     (8) Two members each from the House Committees on Finance and Education appointed by the Speaker of the House.
     (d) The select committee shall develop a report with recommendations on implementing a state-level financing plan which includes, but is not limited to, the following items:
     (1) A review of existing outcomes-based funding models for institutions and systems of higher education;
     (2) Identification of the top three to five public policy objectives that are to be the focus of the financing policy;
     (3) A review of outcomes-based funding models implemented in other states, including an evaluation of the degree to which these policies have succeeded in influencing institutional and system behavior;
     (4) Recommendations on methods to balance the inherent need of institutions for stability with the demands of the state for services as identified in Vision 2020 and the public policy agenda;
     (5) Recommendations on methods to develop a workable balance between addressing the well-being of institutions and the success of students; and
     (6) An analysis of the impact of different models on institutions with widely-differing missions, including recommendations on selecting and implementing the appropriate model for each type of institution specifically noting the impact of selected models on community and technical colleges, baccalaureate colleges and regional universities, and research universities.
     (e) The committee shall commence its work before May 15, 2012, and shall deliver its report and recommendations, together with draft legislation to implement the recommendations, to the Legislative Oversight Commission on Education Accountability and the Joint Committee on Government and Finance by December 1, 2012."
     The bill was then ordered to third reading.
     S. B. 461, Conforming election complaint procedures statute to federal code; on second reading, coming up in regular order, was, at the request of Delegate Boggs, and by unanimous consent, laid over.
     Com. Sub. for S. B. 484, Relating generally to child welfare; 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
three, following the enacting clause, by striking out the remainder of the bill and inserting in lieu therefore the following language:
     "That §49-5-21 of the Code of West Virginia, 1931, as amended, be repealed; that §49-6-5a of said code be repealed; that §49-1-3 of said code be amended and reenacted; that §49-2-17 of said code be amended and reenacted; that §49-5-13 of said code be amended and reenacted; that §49-5D- 2, §49-5D-3 and §49-5D-3a of said code be amended and reenacted; that said code be amended by adding thereto two new sections, designated §49-5D-3b and §49-5D-3c; that §49-6-2, §49-6-3, §49-6-5, §49-6-6, §49-6-8 and §49-6-12 of said code be amended and reenacted; that §49-6A-5 of said code be amended and reenacted; that §49-6D-3 of said code be amended and reenacted; that §49-7-1 of said code be amended and reenacted; and that said code be amended by adding thereto a new section, designated §49-7-36, all to read as follows:
ARTICLE 1. PURPOSES AND DEFINITIONS.
§49-1-3. Definitions relating to abuse and neglect.
    (1) 'Abused child' means a child whose health or welfare is harmed or threatened by:
    (A) A parent, guardian or custodian who knowingly or intentionally inflicts, attempts to inflict or knowingly allows another person to inflict, physical injury or mental or emotional injury, upon the child or another child in the home;
    (B) Sexual abuse or sexual exploitation;
    (C) The sale or attempted sale of a child by a parent, guardian or custodian in violation of section sixteen, article four, chapter forty-eight of this code; or
    (D) Domestic violence as defined in section two hundred two, article twenty-seven, chapter forty-eight of this code.
    In addition to its broader meaning, physical injury may include an injury to the child as a result of excessive corporal punishment.
    (2) 'Abusing parent' means a parent, guardian or other custodian, regardless of his or her age, whose conduct, as alleged in the petition charging child abuse or neglect, has been adjudged by the court to constitute child abuse or neglect.
    (3) 'Battered parent' means a parent, guardian or other custodian who has been judicially determined not to have condoned the abuse or neglect and has not been able to stop the abuse or neglect of the child or children due to being the victim of domestic violence as defined by section two hundred two, article twenty-seven, chapter forty-eight of this code, which domestic violence was perpetrated by the person or persons determined to have abused or neglected the child or children.
    (4) 'Child abuse and neglect' or 'child abuse or neglect' means physical injury, mental or emotional injury, sexual abuse, sexual exploitation, sale or attempted sale or negligent treatment or maltreatment of a child by a parent, guardian or custodian who is responsible for the child's welfare, under circumstances which harm or threaten the health and welfare of the child.
    (5) 'Child abuse and neglect services' means social services which are directed toward:
    (A) Protecting and promoting the welfare of children who are abused or neglected;
    (B) Identifying, preventing and remedying conditions which cause child abuse and neglect;
    (C) Preventing the unnecessary removal of children from their families by identifying family problems and assisting families in resolving problems which could lead to a removal of children and a breakup of the family;
    (D) In cases where children have been removed from their families, providing services to the children and the families so as to reunify such children with their families or some portion thereof;
    (E) Placing children in suitable adoptive homes when reunifying the children with their families, or some portion thereof, is not possible or appropriate; and
    (F) Assuring the adequate care of children who have been placed in the custody of the department or third parties.
    (6) 'Child advocacy center (CAC)' means a community-based organization that is a member in good standing with the West Virginia Child Abuse Network, Inc., and is working to implement the following program components:
    (A) Child-appropriate/child-friendly facility: A child advocacy center provides a comfortable, private, child-friendly setting that is both physically and psychologically safe for clients.
    (B) Multidisciplinary team (MDT): A multidisciplinary team for response to child abuse allegations includes representation from the following: Law enforcement; child protective services; prosecution; mental health; medical; victim advocacy; child advocacy center.
    (C) Organizational capacity: A designated legal entity responsible for program and fiscal operations has been established and implements basic sound administrative practices.
    (D) Cultural competency and diversity: The CAC promotes policies, practices and procedures that are culturally competent. Cultural competency is defined as the capacity to function in more than one culture, requiring the ability to appreciate, understand and interact with members of diverse populations within the local community.
    (E) Forensic interviews: Forensic interviews are conducted in a manner which is of a neutral, fact-finding nature and coordinated to avoid duplicative interviewing.
    (F) Medical evaluation: Specialized medical evaluation and treatment are to be made available to CAC clients as part of the team response, either at the CAC or through coordination and referral with other specialized medical providers.
    (G) Therapeutic intervention: Specialized mental health services are to be made available as part of the team response, either at the CAC or through coordination and referral with other appropriate treatment providers.
    (H) Victim support/advocacy: Victim support and advocacy are to be made available as part of the team response, either at the CAC or through coordination with other providers, throughout the investigation and subsequent legal proceedings.
    (I) Case review: Team discussion and information sharing regarding the investigation, case status and services needed by the child and family are to occur on a routine basis.
    (J) Case tracking: CACs must develop and implement a system for monitoring case progress and tracking case outcomes for team components: Provided, That a child advocacy center may establish a safe exchange location for children and families who have a parenting agreement or an order providing for visitation or custody of the children that require a safe exchange location.
    (7) 'Court appointed special advocate (CASA) program' means a community organization that screens, trains and supervises CASA volunteers to advocate for the best interests of children who are involved in abuse and neglect proceedings. Court appointed special advocate programs will be operated under the following guidelines:
____(A) Standards: CASA programs shall be members in good standing with the West Virginia Court Appointed Special Advocate Association, Inc., and the National Court Appointed Special Advocates Association and adhere to all standards set forth by these entities.
____(B) Organizational capacity: A designated legal entity responsible for program and fiscal operations has been established and implements basic sound administrative practice.
____(C) Cultural competency and diversity: CASA programs promote policies, practices and procedures that are culturally competent. 'Cultural competency' is defined as the capacity to function in more than one culture, requiring the ability to appreciate, understand and interact with members of diverse populations within the local community.
____(D) Case management: CASA programs must utilize a uniform case management system to monitor case progress and track outcomes.
____(E) Case review: CASA volunteers meet with CASA staff on a routine basis to discuss case status and outcomes.
____(F) Training: Court appointed special advocates shall serve as volunteers without compensation and shall receive training consistent with state and nationally developed standards.
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(7) (8) 'Imminent danger to the physical well being of the child' means an emergency situation in which the welfare or the life of the child is threatened. Such emergency situation exists when there is reasonable cause to believe that any child in the home is or has been sexually abused or sexually exploited, or reasonable cause to believe that the following conditions threaten the health or life of any child in the home:
    (A) Nonaccidental trauma inflicted by a parent, guardian, custodian, sibling or a babysitter or other caretaker;
    (B) A combination of physical and other signs indicating a pattern of abuse which may be medically diagnosed as battered child syndrome;
    (C) Nutritional deprivation;
    (D) Abandonment by the parent, guardian or custodian;
    (E) Inadequate treatment of serious illness or disease;
    (F) Substantial emotional injury inflicted by a parent, guardian or custodian;
    (G) Sale or attempted sale of the child by the parent, guardian or custodian; or
    (H) The parent, guardian or custodian abuse of alcohol or drugs or other controlled substance as defined in section one hundred one, article one, chapter sixty-a of this code, has impaired his or her parenting skills to a degree as to pose an imminent risk to a child's health or safety.
    (8) (9) 'Legal guardianship' means the permanent relationship between a child and caretaker, established by order of the circuit court having jurisdiction over the child, pursuant to the provisions of this chapter and chapter forty-eight of this code.
    (9)(10) 'Multidisciplinary team' means a group of professionals and paraprofessionals representing a variety of disciplines who interact and coordinate their efforts to identify, diagnose and treat specific cases of child abuse and neglect. Multidisciplinary teams may include, but are not limited to, medical, educational, child care and law-enforcement personnel, social workers, psychologists and psychiatrists. Their goal is to pool their respective skills in order to formulate accurate diagnoses and to provide comprehensive coordinated treatment with continuity and followup for both parents and children. 'Community team' means a multidisciplinary group which addresses the general problem of child abuse and neglect in a given community and may consist of several multidisciplinary teams with different functions.
    (10)(11) (A) 'Neglected child' means a child:
    (i) Whose physical or mental health is harmed or threatened by a present refusal, failure or inability of the child's parent, guardian or custodian to supply the child with necessary food, clothing, shelter, supervision, medical care or education, when such refusal, failure or inability is not due primarily to a lack of financial means on the part of the parent, guardian or custodian; or
    (ii) Who is presently without necessary food, clothing, shelter, medical care, education or supervision because of the disappearance or absence of the child's parent or custodian;
    (B) 'Neglected child' does not mean a child whose education is conducted within the provisions of section one, article eight, chapter eighteen of this code.
    (11) (l2) 'Parent' means an individual defined has a parent by law or on the basis of a biological relationship, marriage to a person with a biological relationship, legal adoption or other recognized grounds.
    (12) (13) 'Parental rights' means any and all rights and duties regarding a parent to a minor child, including, but not limited to, custodial rights and visitational rights and rights to participate in the decisions affecting a minor child.
    (13) (14) 'Parenting skills' means a parent's competencies in providing physical care, protection, supervision and psychological support appropriate to a child's age and state of development.
    (14) (15) 'Sexual abuse' means:
    (A) As to a child who is less than sixteen years of age, any of the following acts which a parent, guardian or custodian shall engage in, attempt to engage in or knowingly procure another person to engage in, with such child, notwithstanding the fact that the child may have willingly participated in such conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct:
    (i) Sexual intercourse;
    (ii) Sexual intrusion; or
    (iii) Sexual contact;
    (B) As to a child who is sixteen years of age or older, any of the following acts which a parent, guardian or custodian shall engage in, attempt to engage in or knowingly procure another person to engage in, with such child, notwithstanding the fact that the child may have consented to such conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct:
    (i) Sexual intercourse;
    (ii) Sexual intrusion; or
    (iii) Sexual contact;
    (C) Any conduct whereby a parent, guardian or custodian displays his or her sex organs to a child, or procures another person to display his or her sex organs to a child, for the purpose of gratifying the sexual desire of the parent, guardian or custodian, of the person making such display, or of the child, or for the purpose of affronting or alarming the child.
    (15) (16) 'Sexual contact' means sexual contact as that term is defined in section one, article eight-b, chapter sixty-one of this code.
    (16) (17) 'Sexual exploitation' means an act whereby:
    (A) A parent, custodian or guardian, whether for financial gain or not, persuades, induces, entices or coerces a child to engage in sexually explicit conduct as that term is defined in section one, article eight-c, chapter sixty-one of this code;
    (B) A parent, guardian or custodian persuades, induces, entices or coerces a child to display his or her sex organs for the sexual gratification of the parent, guardian, custodian or a third person, or to display his or her sex organs under circumstances in which the parent, guardian or custodian knows such display is likely to be observed by others who would be affronted or alarmed.
    (17) (18) 'Sexual intercourse' means sexual intercourse as that term is defined in section one, article eight-b, chapter sixty-one of this code.
    (18) (19)'Sexual intrusion' means sexual intrusion as that term is defined in section one, article eight-b, chapter sixty-one of this code.
    (19) (20) 'Placement' means any temporary or permanent placement of a child who is in the custody of the state in any foster home, group home or other facility or residence.
    (20) (21)'Serious physical abuse' means bodily injury which creates a substantial risk of death, which causes serious or prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ.
    (21) (22) 'Siblings' means children who have at least one biological parent in common or who have been legally adopted by the same parents or parent.
    (22) (23) 'Time-limited reunification services' means individual, group and family counseling, inpatient, residential or outpatient substance abuse treatment services, mental health services, assistance to address domestic violence, services designed to provide temporary child care and therapeutic services for families, including crisis nurseries and transportation to or from any such services, provided during fifteen of the most recent twenty-two months a child has been in foster care, as determined by the earlier date of the first judicial finding that the child is subjected to abuse or neglect, or the date which is sixty days after the child is removed from home.
ARTICLE 2. STATE RESPONSIBILITIES FOR THE PROTECTION AND CARE OF CHILDREN.
§49-2-17. Subsidized adoption and legal guardianship.
     
(a) From funds appropriated to the Department of Health and Human Resources, the secretary shall establish a system of assistance for facilitating the adoption or legal guardianship of children. An adoption subsidy shall be available for children who are legally free for adoption and who are dependents of the department or a child welfare agency licensed to place children for adoption. A legal guardianship subsidy shall not require the surrender or termination of parental rights. For either subsidy, the children must be in special circumstances either because they one or more of the following conditions inhibit their adoption or legal guardianship placement:
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(a) Have established emotional ties with prospective adoptive parents or prospective legal guardians while in their care; or
     
(b) Are not likely to be adopted or become a ward of a legal guardian by reason of one or more of the following conditions:
     (1) They have a physical or mental disability;
     (2) They are emotionally disturbed;
     (3) They are older children;
     (4) They are a part of a sibling group; or
     (5) They are a member of a racial or ethnic minority.; or
     
(6) They have any combination of these conditions.
          
(b) The department shall provide assistance in the form of subsidies or other services to parents who are found and approved for adoption or legal guardianship of a child certified as eligible for subsidy by the department, but before the final decree of adoption or order of legal guardianship is entered, there must be a written agreement between the family entering into the subsidized adoption or legal guardianship and the department. Adoption or legal guardianship subsidies in individual cases may commence with the adoption or legal guardianship placement, and will vary with the needs of the child as well as the availability of other resources to meet the child's needs. The subsidy may be for special services only, or for money payments, and either for a limited period, or for a long term, or for any combination of the foregoing. The specific financial terms of the subsidy shall be included in the agreement between the department and the adoptive parents or legal guardians. The agreement may recognize and provide for direct payment by the department of attorney's fees to an attorney representing the adoptive parent. The amount of the time-limited or long-term subsidy may in no case exceed that which would be allowable from time to time for such child under foster family care or, in the case of a special service, the reasonable fee for the service rendered. In addition, the department shall provide either Medicaid or other health insurance coverage for any special needs child for whom there is an adoption or legal guardianship assistance agreement between the department and the adoptive parent or legal guardian and who the department determines cannot be placed with an adoptive parent or legal guardian without medical assistance because the child has special needs for medical, mental health or rehabilitative care.
          Whenever significant emotional ties have been established between a child and his or her foster parents, and the foster parents seek to adopt the child or to become legal guardians, the child shall be certified as eligible for a subsidy conditioned upon his or her adoption or his or her becoming a ward of a legal guardian under applicable procedures by the foster parents.
          
In all other cases, (c) After reasonable efforts have been made without the use of subsidy and no appropriate adoptive family or legal guardian has been found for the child, the department shall certify the child as eligible for a subsidy in the event of adoption or a legal guardianship: Provided, That reasonable efforts to place a child without a subsidy shall not be required if it is in the best interest of the child because of such factors as the existence of significant emotional ties developed between the child and the prospective parent or guardian while in care as a foster child.
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(d) If the child is the dependent of a voluntary licensed child-placing agency, that agency shall present to the department evidence of significant emotional ties between the child and his foster parents or evidence of the inability to place the child for adoption or legal guardianship without the use of subsidy or evidence that such efforts would not be in the best interests of the child. In no event shall the value of the services and assistance provided by the department under an agreement pursuant to this section exceed the value of assistance available to foster families in similar circumstances. All records regarding subsidized adoptions or legal guardianships shall be held in confidence; however, records regarding the payment of public funds for subsidized adoptions or legal guardianships shall be available for public inspection provided they do not directly or indirectly identify any child or persons receiving funds for such child.
ARTICLE 5. JUVENILE PROCEEDINGS.
§49-5-13. Disposition of juvenile delinquents; appeal.

          (a) In aid of disposition of juvenile delinquents, the juvenile probation officer assigned to the court shall, upon request of the court, make an investigation of the environment of the juvenile and the alternative dispositions possible. The court, upon its own motion, or upon request of counsel, may order a psychological examination of the juvenile. The report of such examination and other investigative and social reports shall not be made available to the court until after the adjudicatory hearing. Unless waived, copies of the report shall be provided to counsel for the petitioner and counsel for the juvenile no later than seventy-two hours prior to the dispositional hearing.
          (b) Following the adjudication, the court shall conduct the dispositional proceeding, giving all parties an opportunity to be heard. In disposition the court shall not be limited to the relief sought in the petition and shall, in electing from the following alternatives, consider the best interests of the juvenile and the welfare of the public:
          (1) Dismiss the petition;
          (2) Refer the juvenile and the juvenile's parent or custodian to a community agency for needed assistance and dismiss the petition;
          (3) Upon a finding that the juvenile is in need of extra-parental supervision: (A) Place the juvenile under the supervision of a probation officer of the court or of the court of the county where the juvenile has his or her usual place of abode or other person while leaving the juvenile in custody of his or her parent or custodian; and (B) prescribe a program of treatment or therapy or limit the juvenile's activities under terms which are reasonable and within the child's ability to perform, including participation in the litter control program established pursuant to section three, article fifteen-a, chapter twenty-two of this code or other appropriate programs of community service;
          (4) Upon a finding that a parent or custodian is not willing or able to take custody of the juvenile, that a juvenile is not willing to reside in the custody of his or her parent or custodian or that a parent or custodian cannot provide the necessary supervision and care of the juvenile, the court may place the juvenile in temporary foster care or temporarily commit the juvenile to the department or a child welfare agency. The court order shall state that continuation in the home is contrary to the best interest of the juvenile and why; and whether or not the department made a reasonable effort to prevent the placement or that the emergency situation made such efforts unreasonable or impossible. Whenever the court transfers custody of a youth to the department, an appropriate order of financial support by the parents or guardians shall be entered in accordance with section five, article seven of this chapter and guidelines promulgated by the Supreme Court of Appeals;
          (5) Upon a finding that the best interests of the juvenile or the welfare of the public require it, and upon an adjudication of delinquency pursuant to subdivision (1), section four, article one of this chapter, the court may commit the juvenile to the custody of the Director of the Division of Juvenile Services for placement in a juvenile services facility for the treatment, instruction and rehabilitation of juveniles: Provided, That the court maintains discretion to consider alternative sentencing arrangements. Notwithstanding any provision of this code to the contrary, in the event that the court determines that it is in the juvenile's best interests or required by the public welfare to place the juvenile in the custody of the Division of Juvenile Services, the court shall provide the Division of Juvenile Services with access to all relevant court orders and records involving the underlying offense or offenses for which the juvenile was adjudicated delinquent, including sentencing and presentencing reports and evaluations, and provide the division with access to school records, psychological reports and evaluations, medical reports and evaluations or any other such records as may be in the court's possession as would enable the Division of Juvenile Services to better assess and determine the appropriate counseling, education and placement needs for the juvenile offender. Commitments shall not exceed the maximum term for which an adult could have been sentenced for the same offense and any such maximum allowable sentence to be served in a juvenile correctional facility may take into account any time served by the juvenile in a detention center pending adjudication, disposition or transfer. The order shall state that continuation in the home is contrary to the best interests of the juvenile and why; and whether or not the state department made a reasonable effort to prevent the placement or that the emergency situation made such efforts unreasonable or impossible; or
          (6) After a hearing conducted under the procedures set out in subsections (c) and (d), section four, article five, chapter twenty-seven of this code, commit the juvenile to a mental health facility in accordance with the juvenile's treatment plan; the director of the mental health facility may release a juvenile and return him or her to the court for further disposition. The order shall state that continuation in the home is contrary to the best interests of the juvenile and why; and whether or not the state department made a reasonable effort to prevent the placement or that the emergency situation made such efforts unreasonable or impossible.
          (c) In any case in which the court decides to order the juvenile placed in an out-of-state facility or program, it shall set forth in the order directing the placement the reasons the juvenile was not placed in an in-state facility or program.
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(c) (d) The disposition of the juvenile shall not be affected by the fact that the juvenile demanded a trial by jury or made a plea of denial. Any dispositional order is subject to appeal to the Supreme Court of Appeals.
          (d) (e) Following disposition, the court shall inquire whether the juvenile wishes to appeal and the response shall be transcribed; a negative response shall not be construed as a waiver. The evidence shall be transcribed as soon as practicable and made available to the juvenile or his or her counsel, if the same is requested for purposes of further proceedings. A judge may grant a stay of execution pending further proceedings.
          (e) (f) Notwithstanding any other provision of this code to the contrary, if a juvenile charged with delinquency under this chapter is transferred to adult jurisdiction and there tried and convicted, the court may make its disposition in accordance with this section in lieu of sentencing such person as an adult.
ARTICLE 5D. MULTIDISCIPLINARY TEAMS.
§49-5D-2. Multidisciplinary investigative teams; establishment; procedures; coordination between agencies.

          (a) The prosecuting attorney shall establish a multidisciplinary investigative team in each county. The multidisciplinary team shall be headed and directed by the prosecuting attorney or his or her designee and shall include as permanent members the prosecuting attorney or his or her designee, a local child protective services caseworker from the Department of Health and Human Resources; a local law-enforcement officer employed by a law-enforcement agency in the county; a child advocacy center representative, where available; a health care provider with pediatric and child abuse expertise, where available; a mental health professional with pediatric and child abuse expertise, where available; an educator and where appropriate to the particular case under consideration and available a representative from the a licensed domestic violence program serving the county. The Department of Health and Human Resources and any local law-enforcement agency or agencies selected by the prosecuting attorney shall appoint their representatives to the team by submitting a written designation of the team to the prosecuting attorney of each county within thirty days of the prosecutor's request that the appointment be made. Within fifteen days of the appointment, the prosecuting attorney shall notify the chief judge of each circuit within which the county is situated of the names of the representatives so appointed. Any other person or any other appointee of an agency who may contribute to the team's efforts to assist a minor child as may be determined by the permanent members of the team may also be appointed as a member of the team by the prosecutor with notification to the chief judge.
          (b) Any permanent member of the multidisciplinary investigative team shall refer all cases of accidental death of any child reported to their agency and all cases when a child dies while in the custody of the state for investigation and review by the team. The multidisciplinary investigative team shall meet at regular intervals at least once every calendar month.
          (c) The investigative team shall be responsible for coordinating or cooperating in the initial and ongoing investigation of all civil and criminal allegations pertinent to cases involving child sexual assault, child sexual abuse, child abuse and neglect and shall make a recommendation to the county prosecuting attorney as to the initiation or commencement of a civil petition and/or criminal prosecution.
          (d) State, county and local agencies shall provide the multidisciplinary investigative team with any information requested in writing by the team as allowable by law or upon receipt of a certified copy of the circuit court's order directing said agencies to release information in its possession relating to the child. The team shall assure that all information received and developed in connection with the provisions of this article remains confidential. For purposes of this section, the term 'confidential' shall be construed in accordance with the provisions of section one, article seven of this chapter.
49-5D-3. Multidisciplinary treatment planning process.
          (a) (1) A multidisciplinary treatment planning process for cases initiated pursuant to articles five and six of this chapter shall be established within each county of the state, either separately or in conjunction with a contiguous county, by the secretary of the department with advice and assistance from the prosecutor's advisory council as set forth in section four, article four, chapter seven of this code. The Division of Juvenile Services shall establish a similar treatment planning process for delinquency cases in which the juvenile has been committed to the its custody of the director of the division custody, including those cases in which the juvenile has been committed for examination and diagnosis.
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(2) The provisions of this section do not require a multidisciplinary team meeting to be held prior to temporarily placing a child or juvenile out-of-home under exigent circumstances or upon a court order placing a juvenile in a facility operated by the Division of Juvenile Services.
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(2) (b) The case manager in the Department of Health and Human Resources for the child, family or juvenile or the case manager in the Division of Juvenile Services for a juvenile shall convene a treatment team in each case when it is required pursuant to this article. Treatment teams shall assess, plan and implement a comprehensive, individualized service plan for children who are victims of abuse or neglect and their families when a judicial proceeding has been initiated involving the child or children for juveniles and their families involved in status offense or delinquency proceedings when, in a status offense proceeding, the court refers the juvenile for services pursuant to sections eleven and eleven-a, article five of this chapter and when, in a delinquency proceeding, the court is considering placing the juvenile in the department's custody or placing the juvenile out of home at the department's expense pursuant to the provisions of section thirteen of said article. In any such status offense or delinquency case, the juvenile probation officer shall notify the local office of the Department of Health and Human Resources and the Division of Juvenile Services at least five working days before the court proceeding in order to allow the multidisciplinary treatment team to convene and develop a comprehensive individualized service plan for the child: Provided, That such notice is not required in cases where the child is already in state custody or there exist exigent circumstances which justify taking the child immediately into custody without a judicial proceeding. In developing an individualized service plan for a child, the team shall utilize a uniform comprehensive assessment of the child. The department shall adopt a standard uniform comprehensive assessment instrument or protocol to be used by treatment teams.
          
(3) Prior to disposition, in each case in which a treatment planning team has been convened, the team shall advise the court as to the types of services the team has determined are needed and the type of placement, if any, which will best serve the needs of the child. If the team determines that an out-of-home placement will best serve the needs of the child, the team shall first consider placement at with appropriate relatives then with foster care homes, facilities or programs located within the state. The team may only recommend placement in an out-of-state facility if it concludes, after considering the best interests and overall needs of the child, that there are no available and suitable in-state facilities which can satisfactorily meet the specific needs of the child.
          (b) Each treatment team shall be convened by the child's or family's case manager in the Department of Health and Human Resources or the Division of Juvenile Services if the juvenile has been ordered into its custody for examination and diagnosis pursuant to section thirteen, article five of this chapter. The treatment team shall consist of the child's custodial parent or parents, guardian or guardians, other immediate family members, the attorney or attorneys representing the child, the parent or parents of the child, the child's attorney, the guardian ad litem, if any, the prosecuting attorney or his or her designee, a member of a child advocacy center when the child has been processed through the child advocacy center program(s) and, where appropriate to the particular case under consideration and available, a court-appointed special advocate, a member of a child advocacy center, an appropriate school official and any other person or an agency representative who may assist in providing recommendations for the particular needs of the child and family. The child may participate in multidisciplinary treatment team meetings if such is deemed appropriate by the multidisciplinary treatment team. For purposes of delinquency proceedings, the juvenile probation officer shall be a member of the treatment team. Any person authorized by the provisions of this chapter to convene a multidisciplinary team meeting may seek and receive an order of the circuit court setting such meeting and directing attendance. Members of the multidisciplinary team may participate in team meetings by telephone or video conferencing: Provided, That a member of a child advocacy center should participate in any case when appropriate to the particular case under consideration. That the provisions of this subsection do not prevent the respective agencies from designating a person other than the case manager as a facilitator for treatment team meetings.
          (c) The treatment team shall coordinate its activities and membership with local family resource networks and coordinate with other local and regional child and family service planning committees to assure the efficient planning and delivery of child and family services on a local and regional level.
          (d) State, county and local agencies shall provide the multidisciplinary treatment teams with any information requested in writing by the team as allowable by law or upon receipt of a certified copy of the circuit court's order directing said agencies to release information in its possession relating to the child. The team shall assure that all information received and developed in connection with the provisions of this article remain confidential. For purposes of this section, the term 'confidential' shall be construed in accordance with the provisions of section one, article seven of this chapter. The multidisciplinary treatment team shall be afforded access to information in the possession of the Department of Health and Human Services, Division of Juvenile Services, law- enforcement agencies and other state, county and local agencies; and the agencies shall cooperate in the sharing of information, as may be provided in sections three (d) and six, article five-d and section one, article seven, all of chapter forty-nine, and any other relevant provision of law. Any multidisciplinary team member who acquires confidential information shall not disclose such information except as permitted by the provisions of this code or court rules.
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(e) Nothing in this section may be construed to require a multidisciplinary team meeting to be held prior to temporarily placing a child out-of-home under exigent circumstances or upon a court order placing the juvenile in a juvenile facility operated by the Division of Juvenile Services.
§49-5D-3a. Recommendation of team to the court; hearing requirement; required findings.
          (a) In any case in which a multidisciplinary treatment team develops an individualized service plan for a child or family pursuant to the provisions of section three of this article, the court shall review the proposed service plan to determine if implementation of the plan is in the child's best interests. If the multidisciplinary team cannot agree on a plan or if the court determines not to adopt the team's recommendations, it shall, upon motion or sua sponte, schedule and hold within ten days of such determination, and prior to the entry of an order placing the child in the custody of the department or in an out-of-home setting, a hearing to consider evidence from the team as to its rationale for the proposed service plan. If, after a hearing held pursuant to the provisions of this section, the court does not adopt the teams's recommended service plan, it shall make specific written findings as to why the team's recommended service plan was not adopted.
          (b) In any case in which the court decides to order the child placed in an out-of-state facility or program it shall set forth in the order directing the placement the reasons why the child was not placed in an in-state facility or program.
          (c) Any member of the multidisciplinary treatment team who disagrees with recommendations of the team may inform the court of his or her own recommendations and objections to the team's recommendations. The recommendations and objections of the dissenting team member may be made in a hearing on the record, made in writing and served upon each team member and filed with the court and indicated in the case plan, or both made in writing and indicated in the case plan. Upon receiving objections, the court will conduct a hearing pursuant to paragraph (a) of this section.
§49-5D-3b. Multidisciplinary treatment planning process involving child abuse and neglect.
__________(a) Within thirty days of the initiation of a judicial proceeding pursuant to article six of this chapter, the Department of Health and Human Services shall convene a multidisciplinary treatment team to assess, plan and implement a comprehensive, individualized service plan for children who are victims of abuse or neglect and their families. The multidisciplinary team shall obtain and utilize any assessments for the children or the adult respondents that it deems necessary to assist in the development of such a plan.
__________(b) In a case initiated pursuant to article six of this chapter, the treatment team shall consist of the child or family's case manager in the Department of Health and Human Resources, the adult respondent or respondents, the child's parent or parents, guardians, any copetitioners, custodial relatives of the child, foster or preadoptive parents, any attorney representing an adult respondent or other member of the treatment team, the child's counsel or the guardian ad litem, the prosecuting attorney or his or her designee, a member of a child advocacy center when the child has been processed through the child advocacy center program or programs or it is otherwise appropriate that a member of the child advocacy center participate, any court-appointed special advocate assigned to a case, any other person entitled to notice and the right to be heard, an appropriate school official and any other person or agency representative who may assist in providing recommendations for the particular needs of the child and family, including domestic violence service providers. The child may participate in multidisciplinary treatment team meetings if the child's participation is deemed appropriate by the multidisciplinary treatment team. Unless otherwise ordered by the court, a party whose parental rights have been terminated and his or her attorney shall not be given notice of a multidisciplinary treatment team meeting and does not have the right to participate in any treatment team meeting.
__________(c) Prior to disposition in each case which a treatment planning team has been convened, the team shall advise the court as to the types of services the team has determined are needed and the type of placement, if any, which will best serve the needs of the child. If the team determines that an out-of-home placement will best serve the needs of the child, the team shall first consider placement with
appropriate relatives then with foster care homes, facilities or programs located within the state. The team may only recommend placement in an out-of-state facility if it concludes, after considering the best interests and overall needs of the child, that there are no available and suitable in-state facilities which can satisfactorily meet the specific needs of the child.
__________(d) The multidisciplinary treatment team shall submit written reports to the court as required by the rules governing this type of proceeding or by the court, and shall meet as often as deemed necessary but at least every three months until the case is dismissed from the docket of the court. The multidisciplinary treatment team shall be available for status conferences and hearings as required by the court.
__________(e) If a respondent or copetitioner admits the underlying allegations of child abuse or neglect, or both abuse and neglect, in the multidisciplinary treatment planning process, his or her statements not be used in any subsequent criminal proceeding against him or her, except for perjury or false swearing.
§49-5D-3c. Multidisciplinary treatment process for status offenders or delinquents.
__________(a) (1) When a juvenile is adjudicated as a status offender pursuant to section eleven-d, article five of this chapter, the Department of Health and Human Resources shall promptly convene a multidisciplinary treatment team and conduct an assessment, utilizing a standard uniform comprehensive assessment instrument or protocol, to determine the juvenile's mental and physical condition, maturity and education level, home and family environment, rehabilitative needs and recommended service plan. Upon completion of the assessment, the treatment team shall prepare and implement a comprehensive, individualized service plan for the juvenile.
__________(2) When a juvenile is adjudicated as a delinquent or has been granted an improvement period pursuant to section nine, article five of this chapter, the court, either upon its own motion or motion of a party, may require the Department of Health and Human Resources to convene a multidisciplinary treatment team and conduct an assessment, utilizing a standard uniform comprehensive assessment instrument or protocol, to determine the juvenile's mental and physical condition, maturity and education level, home and family environment, rehabilitative needs and recommended service plan. A referral to the Department of Health and Human Resources to convene a multidisciplinary treatment team and to conduct such an assessment shall be made when the court is considering placing the juvenile in the department's custody or placing the juvenile out- of-home at the department's expense pursuant to section thirteen, article five of this chapter. In any delinquency proceeding in which the court requires the Department of Health and Human Resources to convene a multidisciplinary treatment team, the probation officer shall notify the department at least fifteen working days before the court proceeding in order to allow the department sufficient time to convene and develop an individualized service plan for the juvenile.
__________(3) When a juvenile has been adjudicated and committed to the custody of the Director of the Division of Juvenile Services, including those cases in which the juvenile has been committed for examination and diagnosis, the Division of Juvenile Services shall promptly convene a multidisciplinary treatment team and conduct an assessment, utilizing a standard uniform comprehensive assessment instrument or protocol, to determine the juvenile's mental and physical condition, maturity and education level, home and family environment, rehabilitative needs and recommended service plan. Upon completion of the assessment, the treatment team shall prepare and implement a comprehensive, individualized service plan for the juvenile.
__________(4) (A) The rules of juvenile procedure shall govern the procedure for obtaining an assessment of a juvenile, preparing an individualized service plan and submitting the plan and assessment to the court.
__________(B) In juvenile proceedings conducted pursuant to article five of this chapter, the treatment team shall consist of the juvenile, the juvenile's case manager in the Department of Health and Human Resources or the Division of Juvenile Services, the juvenile's parent or parents, guardian or guardians or custodial relatives, the juvenile's attorney, any attorney representing a member of the treatment team, the prosecuting attorney or his or her designee, an appropriate school official and any other person or agency representative who may assist in providing recommendations for the particular needs of the juvenile and family, including domestic violence service providers. In delinquency proceedings, the probation officer shall be a member of a treatment team. When appropriate, the juvenile case manager in the Department of Health and Human Resources and the Division of Juvenile Services shall cooperate in conducting multidisciplinary treatment team meetings when it is in the juvenile's best interest.
__________(C) Prior to disposition, in each case in which a treatment planning team has been convened, the team shall advise the court as to the types of services the team has determined are needed and type of placement, if any, which will best serve the needs of the child. If the team determines that an out-of-home placement will best serve the needs of the child, the team shall first consider placement at facilities or programs located within the state. The team may only recommend placement in an out-of-state facility if it concludes, after considering the best interests and overall needs of the child, that there are no available and suitable in-state facilities which can satisfactorily meet the specific needs of the child.
__________(D) The multidisciplinary treatment team shall submit written reports to the court as required by applicable law or by the court, shall meet with the court at least every three months, as long as the juvenile remains in the legal or physical custody of the state, and shall be available for status conferences and hearings as required by the court.
__________(E) In any case in which a juvenile has been placed out of his or her home except for a temporary placement in a shelter or detention center, the multidisciplinary treatment team shall cooperate with the state agency in whose custody the juvenile is placed to develop an after-care plan. The rules of juvenile procedure and section twenty, article five, chapter forty-nine of the code shall govern the development of an after-care plan for a juvenile, the submission of the plan to the court and any objection to the after-care plan.
__________(F) If a juvenile respondent admits the underlying allegations of the case initiated pursuant to article five, chapter forty-nine of this code in the multidisciplinary treatment planning process, his or her statements shall not be used in any juvenile or criminal proceedings against the juvenile, except for perjury or false swearing.
§49-6-2. Petition to court when child believed neglected or abused -- Right to counsel; improvement period; hearing; priority of proceeding; transcript.
          (a) In any proceeding under the provisions of this article, the child, his or her or parents and his or her legally established custodian or other persons standing in loco parentis to him or her shall have the right to be represented by counsel at every stage of the proceedings and shall be informed by the court of their right to be so represented and that if they cannot pay for the services of counsel, that counsel will be appointed. Counsel of the child shall be appointed in the initial order. If the order gives physical custody of the child to the state, the initial order shall appoint counsel for the parents or, if the parents are separated or divorced, the parents or parent or other person or persons standing in loco parentis who had physical custody of the child for the majority of the time in the period immediately preceding the petition: Provided, That such representation shall only continue after the first appearance if the parent or other persons standing in loco parentis cannot pay for the services of counsel. Counsel for other parties shall only be appointed upon request for appointment of counsel. If the requesting parties have not retained counsel and cannot pay for the services of counsel, the court shall, by order entered of record, appoint an attorney or attorneys to represent the other party or parties and so inform the parties. Under no circumstances may the same attorney represent both the child and the other party or parties, nor shall the same attorney represent both parents or custodians. However, one attorney may represent both parents or custodians where both parents or guardians consent to this representation after the attorney fully discloses to the client the possible conflict and where the attorney assures the court that she or he is able to represent each client without impairing her or his professional judgment; however, if more than one child from a family is involved in the proceeding, one attorney may represent all the children. A parent who has been judicially determined to be battered shall be entitled to his or her own attorney. The court may allow to each attorney so appointed a fee in the same amount which appointed counsel can receive in felony cases. Effective July 1, 2012, any attorney appointed pursuant to this section shall by the first day of July, one thousand nine hundred ninety-three, and three hours per year each year thereafter, receive a minimum of three eight hours of continuing legal education training on representation of children, child abuse and neglect per reporting period on child abuse and neglect procedure and practice. In addition to this requirement, after July 1, 2013, any attorney appointed to represent a child must first complete training on representation of children that is approved by the administrative office of the Supreme Court of Appeals. The Supreme Court of Appeals shall develop procedures for approval and certification of training required under this section by July 1, 2012: Provided, however, That where no attorney who has completed this training is available for such appointment, the court shall appoint a competent attorney with demonstrated knowledge of child welfare law to represent the parent or child. Any attorney appointed pursuant to this section shall perform all duties required as an attorney licensed to practice law in the State of West Virginia.
          (b) In any proceeding brought pursuant to the provisions of this article, the court may grant any respondent an improvement period in accord with the provisions of this article. During such period, the court may require temporary custody with a responsible person which has been found to be a fit and proper person for the temporary custody of the child or children or the state department or other agency during the improvement period. An order granting such improvement period shall require the department to prepare and submit to the court a family case plan in accordance with the provisions of section three, article six-d of this chapter.
          (c) In any proceeding pursuant to the provisions of this article, the party or parties having custodial or other parental rights or responsibilities to the child shall be afforded a meaningful opportunity to be heard, including the opportunity to testify and to present and cross-examine witnesses. The petition shall not be taken as confessed. A transcript or recording shall be made of all proceedings unless waived by all parties to the proceeding. The rules of evidence shall apply. Where relevant, the court shall consider the efforts of the state department to remedy the alleged circumstances. At the conclusion of the hearing, the court shall make a determination based upon the evidence and shall make findings of fact and conclusions of law as to whether such child is abused or neglected and, if applicable, whether the parent, guardian, or custodian is a battered parent, all of which shall be incorporated into the order of the court. The findings must be based upon conditions existing at the time of the filing of the petition and proven by clear and convincing proof.
          (d) Any petition filed and any proceeding held under the provisions of this article shall, to the extent practicable, be given priority over any other civil action before the court, except proceedings under article two-a, chapter forty-eight of this code and actions in which trial is in progress. Any petition filed under the provisions of this article shall be docketed immediately upon filing. Any hearing to be held at the end of an improvement period and any other hearing to be held during any proceedings under the provisions of this article shall be held as nearly as practicable on successive days and, with respect to said hearing to be held at the end of an improvement period, shall be held as close in time as possible after the end of said improvement period and shall be held within sixty days of the termination of such improvement period.
          (e) Following the court's determination, it shall be inquired of the parents or custodians whether or not appeal is desired and the response transcribed. A negative response shall not be construed as a waiver. The evidence shall be transcribed and made available to the parties or their counsel as soon as practicable, if the same is required for purposes of further proceedings. If an indigent person intends to pursue further proceedings, the court reporter shall furnish a transcript of the hearing without cost to the indigent person if an affidavit is filed stating that he or she cannot pay therefor.
§49-6-3. Petition to court when child believed neglected or abused -- Temporary custody.
          (a) Upon the filing of a petition, the court may order that the child alleged to be an abused or neglected child be delivered for not more than ten days into the custody of the state department or a responsible person found by the court to be a fit and proper person for the temporary care of the child pending a preliminary hearing, if it finds that:
          (1) There exists imminent danger to the physical well being of the child; and
          (2) There are no reasonably available alternatives to removal of the child, including, but not limited to, the provision of medical, psychiatric, psychological or homemaking services in the child's present custody: Provided, That where the alleged abusing person, if known, is a member of a household, the court shall not allow placement pursuant to this section of the child or children in said home unless the alleged abusing person is or has been precluded from visiting or residing in said home by judicial order. In a case where there is more than one child in the home, or in the temporary care, custody or control of the alleged offending parent, the petition shall so state, and notwithstanding the fact that the allegations of abuse or neglect may pertain to less than all of such children, each child in the home for whom relief is sought shall be made a party to the proceeding. Even though the acts of abuse or neglect alleged in the petition were not directed against a specific child who is named in the petition, the court shall order the removal of such child, pending final disposition, if it finds that there exists imminent danger to the physical well being of the child and a lack of reasonable available alternatives to removal. The initial order directing such custody shall contain an order appointing counsel and scheduling the preliminary hearing, and upon its service shall require the immediate transfer of custody of such child or children to the department or a responsible relative which may include any parent, guardian, or other custodian. The court order shall state:
          (A) That continuation in the home is contrary to the best interests of the child and why; and
          (B) Whether or not the department made reasonable efforts to preserve the family and prevent the placement or that the emergency situation made such efforts unreasonable or impossible. The order may also direct any party or the department to initiate or become involved in services to facilitate reunification of the family.
          (b) Whether or not the court orders immediate transfer of custody as provided in subsection (a) of this section, if the facts alleged in the petition demonstrate to the court that there exists imminent danger to the child, the court may schedule a preliminary hearing giving the respondents at least five days' actual notice. If the court finds at the preliminary hearing that there are no alternatives less drastic than removal of the child and that a hearing on the petition cannot be scheduled in the interim period, the court may order that the child be delivered into the temporary custody of the department or a responsible person or agency found by the court to be a fit and proper person for the temporary care of the child for a period not exceeding sixty days: Provided, That the court order shall state:
          (1) That continuation in the home is contrary to the best interests of the child and set forth the reasons therefor;
          (2) whether or not the department made reasonable efforts to preserve the family and to prevent the child's removal from his or her home;
          (3) Whether or not the department made reasonable efforts to preserve the family and to prevent the placement or that the emergency situation made such efforts unreasonable or impossible; and
          (4) What efforts should be made by the department, if any, to facilitate the child's return home: Provided, however, That if the court grants an improvement period as provided in section twelve of this article, the sixty-day limit upon temporary custody is waived.        
          (c) If a child or children shall, in the presence of a child protective service worker, be in an emergency situation which constitutes an imminent danger to the physical well being of the child or children, as that phrase is defined in section three, article one of this chapter, and if such worker has probable cause to believe that the child or children will suffer additional child abuse or neglect or will be removed from the county before a petition can be filed and temporary custody can be ordered, the worker may, prior to the filing of a petition, take the child or children into his or her custody without a court order: Provided, That after taking custody of such child or children prior to the filing of a petition, the worker shall forthwith appear before a circuit judge or a juvenile referee of the county wherein custody was taken, or if no such judge or referee be available, before a circuit judge or a juvenile referee of an adjoining county, and shall immediately apply for an order ratifying the emergency custody of the child pending the filing of a petition. The circuit court of every county in the state shall appoint at least one of the magistrates of the county to act as a juvenile referee, who shall serve at the will and pleasure of the appointing court, and who shall perform the functions prescribed for such position by the provisions of this subsection. The parents, guardians or custodians of the child or children may be present at the time and place of application for an order ratifying custody, and if at the time the child or children are taken into custody by the worker, the worker knows which judge or referee is to receive the application, the worker shall so inform the parents, guardians or custodians. The application for emergency custody may be on forms prescribed by the Supreme Court of Appeals or prepared by the prosecuting attorney or the applicant, and shall set forth facts from which it may be determined that the probable cause described above in this subsection exists. Upon such sworn testimony or other evidence as the judge or referee deems sufficient, the judge or referee may order the emergency taking by the worker to be ratified. If appropriate under the circumstances, the order may include authorization for an examination as provided for in subsection (b), section four of this article. If a referee issues such an order, the referee shall by telephonic communication have such order orally confirmed by a circuit judge of the circuit or an adjoining circuit who shall on the next judicial day enter an order of confirmation. If the emergency taking is ratified by the judge or referee, emergency custody of the child or children shall be vested in the department until the expiration of the next two judicial days, at which time any such child taken into emergency custody shall be returned to the custody of his or her parent or guardian or custodian unless a petition has been filed and custody of the child has been transferred under the provisions of section three of this article.
          (d) For purposes of the court's consideration of temporary custody pursuant to the provisions of subsection (a) or (b) of this section, the department is not required to make reasonable efforts to preserve the family if the court determines:
          (1) The parent has subjected the child, another child of the parent or any other child residing in the same household or under the temporary or permanent custody of the parent to aggravated circumstances which include, but are not limited to, abandonment, torture, chronic abuse and sexual abuse;
          (2) The parent has:
          (A) Committed murder of the child's other parent, guardian or custodian, another child of the parent or any other child residing in the same household or under the temporary or permanent custody of the parent;
          (B) Committed voluntary manslaughter of the child's other parent, guardian or custodian, another child of the parent or any other child residing in the same household or under the temporary or permanent custody of the parent;
          (C) Attempted or conspired to commit such a murder or voluntary manslaughter or been an accessory before or after the fact to either such crime;    
          (D) Committed unlawful or malicious wounding that results in serious bodily injury to the child, the child's other parent, guardian or custodian, to another child of the parent or any other child residing in the same household or under the temporary or permanent custody of the parent; or
          (E) Committed sexual assault or sexual abuse of the child, the child's other parent, guardian or custodian, another child of the parent or any other child residing in the same household or under the temporary or permanent custody of the parent; or
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(F) Has been required by state or federal law to register with a sex offender registry; or
          (3) The parental rights of the parent to another child have been terminated involuntarily.
§49-6-5. Disposition of neglected or abused children.
          (a) Following a determination pursuant to section two of this article wherein the court finds a child to be abused or neglected, the department shall file with the court a copy of the child's case plan, including the permanency plan for the child. The term case plan means a written document that includes, where applicable, the requirements of the family case plan as provided for in section three, article six-d of this chapter and that also includes at least the following: A description of the type of home or institution in which the child is to be placed, including a discussion of the appropriateness of the placement and how the agency which is responsible for the child plans to assure that the child receives proper care and that services are provided to the parents, child and foster parents in order to improve the conditions in the parent(s) home; facilitate return of the child to his or her own home or the permanent placement of the child; and address the needs of the child while in foster care, including a discussion of the appropriateness of the services that have been provided to the child. The term 'permanency plan' refers to that part of the case plan which is designed to achieve a permanent home for the child in the least restrictive setting available. The plan must document efforts to ensure that the child is returned home within approximate time lines for reunification as set out in the plan. Reasonable efforts to place a child for adoption or with a legal guardian may be made at the same time reasonable efforts are made to prevent removal or to make it possible for a child to safely return home. If reunification is not the permanency plan for the child, the plan must state why reunification is not appropriate and detail the alternative placement for the child to include approximate time lines for when such placement is expected to become a permanent placement. This case plan shall serve as the family case plan for parents of abused or neglected children. Copies of the child's case plan shall be sent to the child's attorney and parent, guardian or custodian or their counsel at least five days prior to the dispositional hearing. The court shall forthwith proceed to disposition giving both the petitioner and respondents an opportunity to be heard. The court shall give precedence to dispositions in the following sequence:
          (1) Dismiss the petition;
          (2) Refer the child, the abusing parent, the battered parent or other family members to a community agency for needed assistance and dismiss the petition;
          (3) Return the child to his or her own home under supervision of the department;
          (4) Order terms of supervision calculated to assist the child and any abusing parent or battered parent or parents or custodian which prescribe the manner of supervision and care of the child and which are within the ability of any parent or parents or custodian to perform;
          (5) Upon a finding that the abusing parent or battered parent or parents are presently unwilling or unable to provide adequately for the child's needs, commit the child temporarily to the custody of the state department, a licensed private child welfare agency or a suitable person who may be appointed guardian by the court. The court order shall state:
          (A) That continuation in the home is contrary to the best interests of the child and why;
          (B) Whether or not the department has made reasonable efforts, with the child's health and safety being the paramount concern, to preserve the family, or some portion thereof, and to prevent or eliminate the need for removing the child from the child's home and to make it possible for the child to safely return home;
          (C) What efforts were made or that the emergency situation made such efforts unreasonable or impossible; and
          (D) The specific circumstances of the situation which made such efforts unreasonable if services were not offered by the department. The court order shall also determine under what circumstances the child's commitment to the department shall continue. Considerations pertinent to the determination include whether the child should:
          (i) Be continued in foster care for a specified period;
          (ii) Be considered for adoption;
          (iii) Be considered for legal guardianship;
          (iv) Be considered for permanent placement with a fit and willing relative; or
          (v) Be placed in another planned permanent living arrangement, but only in cases where the department has documented to the circuit court a compelling reason for determining that it would not be in the best interests of the child to follow one of the options set forth in subparagraphs (i), (ii), (iii) or (iv) of this paragraph. The court may order services to meet the special needs of the child. Whenever the court transfers custody of a youth to the department, an appropriate order of financial support by the parents or guardians shall be entered in accordance with section five, article seven of this chapter; or
          (6) Upon a finding that there is no reasonable likelihood that the conditions of neglect or abuse can be substantially corrected in the near future and, when necessary for the welfare of the child, terminate the parental, custodial and guardianship rights and responsibilities of the abusing parent and commit the child to the permanent sole custody of the nonabusing parent, if there be one, or, if not, to either the permanent guardianship of the department or a licensed child welfare agency. The court may award sole custody of the child to a nonabusing battered parent. If the court shall so find, then in fixing its dispositional order the court shall consider the following factors:
          (A) The child's need for continuity of care and caretakers;
          (B) The amount of time required for the child to be integrated into a stable and permanent home environment; and
          (C) Other factors as the court considers necessary and proper. Notwithstanding any other provision of this article, the court shall give consideration to the wishes of a child fourteen years of age or older or otherwise of an age of discretion as determined by the court regarding the permanent termination of parental rights. No adoption of a child shall take place until all proceedings for termination of parental rights under this article and appeals thereof are final. In determining whether or not parental rights should be terminated, the court shall consider the efforts made by the department to provide remedial and reunification services to the parent. The court order shall state:
          (i) That continuation in the home is not in the best interest of the child and why;
          (ii) Why reunification is not in the best interests of the child;
          (iii) Whether or not the department made reasonable efforts, with the child's health and safety being the paramount concern, to preserve the family, or some portion thereof, and to prevent the placement or to eliminate the need for removing the child from the child's home and to make it possible for the child to safely return home, or that the emergency situation made such efforts unreasonable or impossible; and
          (iv) Whether or not the department made reasonable efforts to preserve and reunify the family, or some portion thereof, including a description of what efforts were made or that such efforts were unreasonable due to specific circumstances.
          (7) For purposes of the court's consideration of the disposition custody of a child pursuant to the provisions of this subsection, the department is not required to make reasonable efforts to preserve the family if the court determines:
          (A) The parent has subjected the child, another child of the parent or any other child residing in the same household or under the temporary or permanent custody of the parent to aggravated circumstances which include, but are not limited to, abandonment, torture, chronic abuse and sexual abuse;
          (B) The parent has:
          (i) Committed murder of the child's other parent, guardian or custodian, another child of the parent or any other child residing in the same household or under the temporary or permanent custody of the parent;
          (ii) Committed voluntary manslaughter of the child's other parent, guardian or custodian, another child of the parent or any other child residing in the same household or under the temporary or permanent custody of the parent;
          (iii) Attempted or conspired to commit such a murder or voluntary manslaughter or been an accessory before or after the fact to either such crime;           (iv) Committed a felonious assault that results in serious bodily injury to the child, the child's other parent, guardian or custodian, to another child of the parent or any other child residing in the same household or under the temporary or permanent custody of the parent; or
          (v) Committed sexual assault or sexual abuse of the child, the child's other parent, guardian or custodian, another child of the parent or any other child residing in the same household or under the temporary or permanent custody of the parent; or
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(F) Has been required by state or federal law to register with a sex offender registry; or
          (C) The parental rights of the parent to another child have been terminated involuntarily; or
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(D) A parent has been required by state or federal law to register with a sex offender registry, and the court has determined in consideration of the nature and circumstances surrounding the prior charges against that parent, that the child's interests would not be promoted by a preservation of the family.
          (b) As used in this section, 'no reasonable likelihood that conditions of neglect or abuse can be substantially corrected' shall mean that, based upon the evidence before the court, the abusing adult or adults have demonstrated an inadequate capacity to solve the problems of abuse or neglect on their own or with help. Such conditions shall be considered to exist in the following circumstances, which shall not be exclusive:
          (1) The abusing parent or parents have habitually abused or are addicted to alcohol, controlled substances or drugs, to the extent that proper parenting skills have been seriously impaired and such person or persons have not responded to or followed through the recommended and appropriate treatment which could have improved the capacity for adequate parental functioning;
          (2) The abusing parent or parents have willfully refused or are presently unwilling to cooperate in the development of a reasonable family case plan designed to lead to the child's return to their care, custody and control;
          (3) The abusing parent or parents have not responded to or followed through with a reasonable family case plan or other rehabilitative efforts of social, medical, mental health or other rehabilitative agencies designed to reduce or prevent the abuse or neglect of the child, as evidenced by the continuation or insubstantial diminution of conditions which threatened the health, welfare or life of the child;
          (4) The abusing parent or parents have abandoned the child;
          (5) The abusing parent or parents have repeatedly or seriously injured the child physically or emotionally, or have sexually abused or sexually exploited the child, and the degree of family stress and the potential for further abuse and neglect are so great as to preclude the use of resources to mitigate or resolve family problems or assist the abusing parent or parents in fulfilling their responsibilities to the child;
          (6) The abusing parent or parents have incurred emotional illness, mental illness or mental deficiency of such duration or nature as to render such parent or parents incapable of exercising proper parenting skills or sufficiently improving the adequacy of such skills; or
          (7) The battered parent's parenting skills have been seriously impaired and said person has willfully refused or is presently unwilling or unable to cooperate in the development of a reasonable treatment plan or has not adequately responded to or followed through with the recommended and appropriate treatment plan.
          (c) The court may, as an alternative disposition, allow the parents or custodians an improvement period not to exceed six months. During this period the court shall require the parent to rectify the conditions upon which the determination was based. The court may order the child to be placed with the parents, or any person found to be a fit and proper person, for the temporary care of the child during the period. At the end of the period, the court shall hold a hearing to determine whether the conditions have been adequately improved and at the conclusion of the hearing shall make a further dispositional order in accordance with this section.
§49-6-6. Modification of dispositional orders.
__________(a) Upon motion of a child, a child's parent or custodian or the state department alleging a change of circumstances requiring a different disposition, the court shall conduct a hearing pursuant to section two of this article and may modify a dispositional order if the court finds by clear and convincing evidence a material change of circumstances and that such modification is in the child's best interests: Provided, That a dispositional order pursuant to subdivision (6), subsection (a) of section five shall not be modified after the child has been adopted, except as provided in subsections (b) and (c) of this section. Adequate and timely notice of any motion for modification shall be given to the child's counsel, counsel for the child's parent or custodian, and to the state department and any person entitled to notice and the right to be heard. The circuit court of origin has exclusive jurisdiction over placement of the child, and such placement shall not be disrupted or delayed by any administrative process of the department.
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(b) If the child is removed or relinquished from an adoptive home or other permanent placement after the case has been dismissed, any party with notice thereof and the receiving agency shall promptly report the matter to the circuit court of origin, the department and the child's counsel, and the court shall schedule a permanency hearing within sixty days of the report to the circuit court, with notice given to any appropriate parties and persons entitled to notice and the right to be heard. The department shall convene a multidisciplinary treatment team meeting within thirty days of the receipt of notice of permanent placement disruption.
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(c) If a child has not been adopted, the child or department may move the court to place the child with a parent or custodian whose rights have been terminated and/or restore such parent's or guardian's rights. Under these circumstances, the court may order such placement and/or restoration of a parent's or guardian's rights if it finds by clear and convincing evidence a material change of circumstances and that such placement and/or restoration is in the child's best interests.
§49-6-8. Permanency hearing and permanent placement review.
          
(a) If the court finds, pursuant to any provision of this article, that the department is not required to make reasonable efforts to preserve the family, then, notwithstanding any other provision, a permanency hearing must be held within thirty days following the entry of the court order so finding, and a permanent placement review hearing must be conducted at least once every three calendar months thereafter until a permanent placement is achieved.
         (a) (b) If, twelve months after receipt by the department or its authorized agent of physical custody of a child either by a court ordered placement or by a voluntary agreement, the department has not placed a child in an adoptive home or placed the child with a natural parent or placed the child in legal guardianship or permanently placed the child with a fit and willing relative, the department shall file with the court a petition for review of the case court shall hold a permanency hearing. The department shall also file a report with the court with the court a report detailing the efforts that have been made to place the child in a permanent home and copies of the child's case plan, including the permanency plan as defined in section five, article six of this chapter. Copies of the report shall be sent to the child's attorney and be made available to the child's parent(s) or guardian parties and all persons entitled to notice and the right to be heard. The court shall schedule a hearing in chambers, giving notice and the right to be present to: The child's attorney; the child, if twelve years of age or older; the child's parents; the child's guardians; the child's foster parents; any preadoptive parent or any relative providing care for the child; any person entitled to notice and the right to be heard; and such other persons as the court may, in its discretion, direct. The child's presence may be waived by the child's attorney at the request of the child or if the child would suffer emotional harm. The purpose of the hearing is to review the child's case, to determine whether and under what conditions the child's commitment to the department shall continue and to determine what efforts are necessary to provide the child with a permanent home. In the case of a child who will not be returned to his or her parent, the court shall consider in-state and out-of-state placement options, and, if the court considers an out-of-state placement, the court shall determine whether such placement is in the best interests of the child; in the case of a child who has attained sixteen years of age, the court shall determine the services needed to assist the child to make the transition from foster care to independent living. In any case in which the court decides to order the child placed in an out-of-state facility or program it shall set forth in the order directing the placement the reasons why the child was not placed in an in-state facility or program. At the conclusion of the hearing the court shall, in accordance with the best interests of the child, enter an appropriate order of disposition containing all such appropriate findings. The court order shall state: (1) Whether or not the department made reasonable efforts to preserve the family and to prevent out-of-home placement or that the specific situation made such effort unreasonable; (2) whether or not the department made reasonable efforts to finalize the permanency plan for the child; and (3) identify services required to meet the child's needs. Provided, That the department is not required to make reasonable efforts to preserve the family if the court determines any of the conditions set forth in subdivision (7), subsection (a), section five of this article exist. The court shall possess continuing jurisdiction over cases reviewed under this section for so long as a child remains in temporary foster care or, when a child is returned to his or her natural parents subject to conditions imposed by the court, for so long as the conditions are effective.
          (b) (c) The state department court shall file a supplementary petition for review with the court shall conduct another permanency hearing within twelve months and every twelve months thereafter for every each child that who remains in the physical or legal custody of the department until the child is placed in an adoptive home or returned to his or her parents or placed in legal guardianship or permanently placed with a fit and willing relative.
          (c) (d) The state department shall annually report to the court the current status of the placements of children in permanent care and custody of the state department who have not been adopted.
          (d) (e) The state department shall file a report with the court in any case where any child in the temporary or permanent custody of the state receives more than three placements in one year no later than thirty days after the third placement. This report shall be provided to all parties and their counsel. and persons entitled to notice and the right to be heard. Upon motion by any party, the court shall review these placements and determine what efforts are necessary to provide the child with a stable foster or temporary permanent home: Provided, That no report shall be provided to any parent or parent's attorney whose parental rights have been terminated pursuant to this article.
          (e) (f) The state department shall notify, in writing, the court, the child, if over the age of twelve, the child's attorney, the parents and the parents' attorney forty-eight hours prior to the move if this is a planned move, or within forty-eight hours of the next business day after the move if this is an emergency move, except where such notification would endanger the child or the foster family. This notice shall not be required in any case where the child is in imminent danger in the child's current placement. The location of the child need not be disclosed, but the purpose of the move should be. This requirement is not waived by placement of the child in a home or other residence maintained by a private provider. No notice shall be provided pursuant to this provision to any parent or parent's attorney whose parental rights have been terminated pursuant to this article.
          (f) (g) Nothing in this article precludes any party from petitioning the court for review of the child's case at any time. The court shall grant such petition upon a showing that there is a change in circumstance or needs of the child that warrants court review.
          (h) Any foster parent, preadoptive parent or relative providing care for the child shall be given notice of and the right to be heard at the permanency hearing provided in this section.
§49-6-12. Improvement period in cases of child neglect or abuse.
          (a) A court may grant a respondent an improvement period of a period not to exceed three months prior to making a finding that a child is abused or neglected pursuant to section two of this article only when:
          (1) The respondent files a written motion requesting the improvement period;
          (2) The respondent demonstrates, by clear and convincing evidence, that the respondent is likely to fully participate in the improvement period and the court further makes a finding, on the record, of the terms of the improvement period;
          (3) In the order granting the improvement period, the court (A) orders that a hearing be held to review the matter within sixty days of the granting of the improvement period; or (B) orders that a hearing be held to review the matter within ninety days of the granting of the improvement period and that the department submit a report as to the respondents progress in the improvement period within sixty days of the order granting the improvement period; and
          (4) The order granting the improvement period requires the department to prepare and submit to the court an individualized family case plan in accordance with the provisions of section three, article six-d of this chapter;
          (b) After finding that a child is an abused or neglected child pursuant to section two of this article, a court may grant a respondent an improvement period of a period not to exceed six months when:
          (1) The respondent files a written motion requesting the improvement period;
          (2) The respondent demonstrates, by clear and convincing evidence, that the respondent is likely to fully participate in the improvement period and the court further makes a finding, on the record, of the terms of the improvement period;
          (3) In the order granting the improvement period, the court (A) orders that a hearing be held to review the matter within sixty days of the granting of the improvement period; or (B) orders that a hearing be held to review the matter within ninety days of the granting of the improvement period and that the department submit a report as to the respondent's progress in the improvement period within sixty days of the order granting the improvement period;
          (4) Since the initiation of the proceeding, the respondent has not previously been granted any improvement period or the respondent demonstrates that since the initial improvement period, the respondent has experienced a substantial change in circumstances. Further, the respondent shall demonstrate that due to that change in circumstances the respondent is likely to fully participate in a further improvement period; and
          (5) The order granting the improvement period requires the department to prepare and submit to the court an individualized family case plan in accordance with the provisions of section three, article six-d of this chapter.
          (c) The court may grant an improvement period not to exceed six months as a disposition pursuant to section five of this article when:
          (1) The respondent moves in writing for the improvement period;
          (2) The respondent demonstrates, by clear and convincing evidence, that the respondent is likely to fully participate in the improvement period and the court further makes a finding, on the record, of the terms of the improvement period;
          (3) In the order granting the improvement period, the court:         
          (A) Orders that a hearing be held to review the matter within sixty days of the granting of the improvement period; or
          (B) Orders that a hearing be held to review the matter within ninety days of the granting of the improvement period and that the department submit a report as to the respondent's progress in the improvement period within sixty days of the order granting the improvement period;
          (4) Since the initiation of the proceeding, the respondent has not previously been granted any improvement period or the respondent demonstrates that since the initial improvement period, the respondent has experienced a substantial change in circumstances. Further, the respondent shall demonstrate that due to that change in circumstances, the respondent is likely to fully participate in the improvement period; and
          (5) The order granting the improvement period shall require the department to prepare and submit to the court an individualized family case plan in accordance with the provisions of section three, article six-d of this chapter.
          (d) When any improvement period is granted to a respondent pursuant to the provisions of this section, the respondent shall be responsible for the initiation and completion of all terms of the improvement period. The court may order the state department to pay expenses associated with the services provided during the improvement period when the respondent has demonstrated that he or she is unable to bear such expenses.
          (e) When any improvement period is granted to a respondent pursuant to the provisions of this section, the respondent shall execute a release of all medical information regarding that respondent, including, but not limited to, information provided by mental health and substance abuse professionals and facilities. Such release shall be accepted by any such professional or facility regardless of whether the release conforms to any standard required by that facility.
          (f) When any respondent is granted an improvement period pursuant to the provisions of this article, the department shall monitor the progress of such person in the improvement period. When the respondent fails to participate in any service mandated by the improvement period, the state department shall initiate action to inform the court of that failure. When the department demonstrates that the respondent has failed to participate in any provision of the improvement period, the court shall forthwith terminate the improvement period.
          (g) A court may extend any improvement period granted pursuant to subsections (b) or (c) of this section for a period not to exceed three months when the court finds that the respondent has substantially complied with the terms of the improvement period; that the continuation of the improvement period will not substantially impair the ability of the department to permanently place the child; and that such extension is otherwise consistent with the best interest of the child.
          (h) Upon the motion by any party, the court shall terminate any improvement period granted pursuant to this section when the court finds that respondent has failed to fully participate in the terms of the improvement period.
          (i) This section may not be construed to prohibit a court from ordering a respondent to participate in services designed to reunify a family or to relieve the department of any duty to make reasonable efforts to reunify a family required by state or federal law.
          (j) Any hearing scheduled pursuant to the provisions of this section may be continued only for good cause upon a written motion properly served on all parties. When a court grants such continuance, the court shall enter an order granting the continuance which shall specify a future date when the hearing will be held.
          (k) Any hearing to be held at the end of an improvement period shall be held as nearly as practicable on successive days and shall be held as close in time as possible after the end of said improvement period and shall be held no later than sixty days of the termination of such improvement period.
__________(l) Notwithstanding any other provision of this section, no combination of any improvement periods or extensions thereto may cause a child to be in foster care more than fifteen months of the most recent twenty-two months, unless the court finds compelling circumstances by clear and convincing evidence that it is in the child's best interests to extend the time limits contained in this paragraph.
ARTICLE 6A. REPORTS OF CHILDREN SUSPECTED OF BEING ABUSED OR NEGLECTED.
§49-6A-5. Reporting procedures.
(a) Reports of child abuse and neglect pursuant to this article shall be made immediately by telephone to the local state department child protective service agency and shall be followed by a written report within forty-eight hours if so requested by the receiving agency. The state department shall establish and maintain a twenty-four hour, seven-day-a-week telephone number to receive such calls reporting suspected or known child abuse or neglect.
(b) A copy of any report of serious physical abuse, sexual abuse or assault shall be forwarded by the department to the appropriate law-enforcement agency, the prosecuting attorney or the coroner or medical examiner's office. All reports under this article shall be confidential. and unless there are pending proceedings with regard thereto shall be destroyed thirty years following their preparation. Reports of known or suspected institutional child abuse or neglect shall be made and received as all other reports made pursuant to this article.
§49-6D-3. Unified child and family case plans.
             (a) The Department of Health and Human Resources shall develop a unified child and family case plan for every family wherein a person has been referred to the department after being allowed an improvement period under the provisions of section twelve, article six of this chapter or where the child is placed in foster care The case plan must be filed within sixty days of the child coming into foster care or within thirty days of the inception of the improvement period, whichever occurs first. The department may also prepare a family case plan for any person who voluntarily seeks child abuse and neglect services from the department, or who is referred to the department by another public agency or private organization. The family case plan is to clearly set forth an organized, realistic method of identifying family problems and the logical steps to be used in resolving or lessening those problems. The case plan provisions shall comply with federal law and the rules of procedure for child abuse and neglect proceedings. Every family case plan prepared by the department shall contain the following:
             
(1) A listing of specific, measurable, realistic goals to be achieved;
             
(2) An arrangement of goals into an order of priority;
             
(3) A listing of the problems that will be addressed by each goal;
             
(4) A specific description of how the assigned caseworker or caseworkers and the abusing parent, guardian or custodian will achieve each goal;
             
(5) A description of the departmental and community resources to be used in implementing the proposed actions and services;
             
(6) A list of the services, including time-limited reunification services as defined in section three, article one of this chapter, which will be provided;
             
(7) Time targets for the achievement of goals or portions of goals;
             
(8) An assignment of tasks to the abusing or neglecting parent, guardian or custodian, to the caseworker or caseworkers and to other participants in the planning process;
             
(9) A designation of when and how often tasks will be performed; and
   
(10) The safety of the placement of the child and plans for returning the child safely home.    (b) In cases where the family has been referred to the department by a court under the provisions of this chapter, and further action before the court is pending, the family case plan described in subsection (a) of this section shall be furnished to the court within thirty days after the entry of the order referring the case to the department, and shall be available to counsel for the parent, guardian or custodian and counsel for the child or children. The department shall encourage participation in convene a multidisciplinary treatment team, which shall develop the development the family case plan by the parent, guardian or custodian. Parents, guardians or custodians shall participate fully in the development of the case plan, and the child shall also fully participate if sufficiently mature and if the child is above the age of twelve years and the child's participation is otherwise appropriate. by the child. It shall be the duty of counsel for the participants to participate in the development of the family case plan. The family case plan may be modified from time to time by the department to allow for flexibility in goal development, and in each such case the modifications shall be submitted to the court in writing. Reasonable efforts to place a child for adoption or with a legal guardian may be made at the same time as reasonable efforts are being made to prevent removal or to make it possible for a child to return safely home. The court shall examine the proposed family case plan or any modification thereof, and upon a finding by the court that the plan or modified plan can be easily communicated, explained and discussed so as to make the participants accountable and able to understand the reasons for any success or failure under the plan, the court shall inform the participants of the probable action of the court if goals are met or not met.
   (c) (1) In addition to the family case plan provided for under the provisions of subsection (b) of this section, the department shall prepare, as an appendix to the family case plan, an expanded 'worker's case plan'. As utilized by the department under the provisions of this section, the worker's case plan shall consist of the following:
   
(A) All of the information contained in the family case plan described in subsection (c) of this section;
   
(B) A prognosis for each of the goals projected in the family case plan, assessing the capacity of the parent, guardian or custodian to achieve the goal and whether available treatment services are likely to have the desired outcome;
   
(C) A listing of the criteria to be used to assess the degree to which each goal is attained;
   
(D) A description of when and how the department will decide when and how well each goal has been attained;
   
(E) If possible, a listing of alternative methods and specific services which the caseworker or caseworkers may consider using if the original plan does not work; and
   
(F) A listing of criteria to be used in determining when the family case plan should be terminated.
   
(2) Because the nature of the information contained in the worker's case plan described in subdivision (1) of this subsection may, in some cases, be construed to be negative with respect to the probability of change, or may be viewed as a caseworker's attempt to impose personal values into the situation, or may raise barriers of hostility and resistance between the caseworker and the family members, the worker's case plan shall not be made available to the court or to persons outside of the department, but shall be used by the department for the purpose of confirming the effectiveness of the family case plan or for determining that changes in the family case plan need to be made.
   
(d) (c) In furtherance of the provisions of this article, the department shall, within the limits of available funds, establish programs and services for the following purposes:
   (1) For the development and establishment of training programs for professional and paraprofessional personnel in the fields of medicine, law, education, social work and other relevant fields who are engaged in, or intend to work in, the field of the prevention, identification and treatment of child abuse and neglect; and training programs for children, and for persons responsible for the welfare of children, in methods of protecting children from child abuse and neglect;
   (2) For the establishment and maintenance of centers, serving defined geographic areas, staffed by multidisciplinary teams and community teams of personnel trained in the prevention, identification and treatment of child abuse and neglect cases, to provide a broad range of services related to child abuse and neglect, including direct support and supervision of satellite centers and attention homes, as well as providing advice and consultation to individuals, agencies and organizations which request such services;
   (3) For furnishing services of multidisciplinary teams and community teams, trained in the prevention, identification and treatment of child abuse and neglect cases, on a consulting basis to small communities where such services are not available;
   (4) For other innovative programs and projects that show promise of successfully identifying, preventing or remedying the causes of child abuse and neglect, including, but not limited to, programs and services designed to improve and maintain parenting skills, programs and projects for parent self help, and for prevention and treatment of drug-related child abuse and neglect; and
   (5) Assisting public agencies or nonprofit private organizations or combinations thereof in making applications for grants from, or in entering into contracts with, the Secretary of the federal Department of Health and Human Services for demonstration programs and projects designed to identify, prevent and treat child abuse and neglect.
   (e) (d) Agencies, organizations and programs funded to carry out the purposes of this section shall be structured so as to comply with any applicable federal law, any regulation of the federal Department of Health and Human Services or the secretary thereof, and any final comprehensive plan of the federal advisory board on child abuse and neglect. In funding organizations, the department shall, to the extent feasible, ensure that parental organizations combating child abuse and neglect receive preferential treatment.
ARTICLE 7. GENERAL PROVISIONS.
§49-7-1. Confidentiality of records
.
   (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 shall be kept 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 juvenile court records and records disclosing the identity of a person making a complaint of child abuse or neglect shall 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: Provided, That the court shall review such 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 such entities, including law- enforcement agencies and prosecuting attorneys, having a need for such 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 law master 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 law master court.
   (d) In the event of a child fatality or near fatality due to child abuse and neglect, information relating to such 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: Provided, That information released by the Department of Health and Human Resources pursuant to this subsection shall not include the identity of a person reporting or making a complaint of child abuse or neglect. For purposes of this subsection, 'near 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 the provisions of sections seventeen and eighteen, article five of this chapter.
   (f) Any person who willfully violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, or confined in the county or regional jail for not more than six months, or be both fined and confined. A person convicted of violating the provisions of this section shall also be 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.
§49-7-36. Quarterly status review and yearly permanency hearings.
   (a) For each child who remains in foster care as a result of a juvenile proceeding or as a result of a child abuse and neglect proceeding, the circuit court with the assistance of the multidisciplinary treatment team shall conduct quarterly status reviews in order to determine the safety of the child, the continuing necessity for and appropriateness of the placement, the extent of compliance with the case plan, and the extent of progress which has been made toward alleviating or mitigating the causes necessitating placement in foster care, and to project a likely date by which the child may be returned to and safety maintained in the home or placed for adoption or legal guardianship. Quarterly status reviews shall commence three months after the entry of the placement order. The permanency hearing provided for in subsection (c) of this section may be considered a quarterly status review.
   (b) For each transitioning adult as that term is defined in §49-2B-2(x) who remains in foster care, the circuit court shall conduct status review hearings as described in subsection (a) of this section once every three months until permanency is achieved.
   (c) For each child or transitioning adult who continues to remain in foster care, the circuit court shall conduct a permanency hearing no later that twelve months after the date the child or transitioning adult is considered to have entered foster care, and at least once every twelve months thereafter until permanency is achieved. For purposes of permanency planning for transitioning adults, the circuit court shall make factual findings and conclusions of law as to whether the department made reasonable efforts to finalize a permanency plan to prepare a transitioning adult for emancipation or independence or another approved permanency option such as, but not limited to, adoption or legal guardianship pursuant to the West Virginia Guardianship and Conservatorship Act.
   (d) Nothing in this section shall be construed to abrogate the responsibilities of the circuit court from conducting required hearings as provided in other provisions of this code, procedural court rules, or setting required hearings at the same time."
The bill was then ordered to third reading.
   Com. Sub. for S. B. 512, Updating statute relating to DMV Office of Administrative Hearing's procedures; on second reading, coming up in regular order, was read a second time and ordered to third reading.
   Com. Sub. for S. B. 555, Providing contractor exception to sales and use tax exemption for certain nonprofit youth organization; on second reading, coming up in regular order, was read a second time and ordered to third reading.
   Com. Sub. for S. B. 572, Replacing "advanced nurse practitioner" with "advanced practice registered nurse"; 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 1a, line four, following the word "certified", by deleting the words "as an advanced practice nurse practitioner" and inserting in lieu thereof the words "in an advanced practice".
   On page four, section one-a, line ten, following the word "licensure" and the period, by deleting section 15a, in its entirety.
   And,
   By amending the enacting section to read as follows:
   "That §30-7-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto a new section, designated §30-7-1a; and that §30-7-15b and §30-7-15c of said code be amended and reenacted, all to read as follows" and a colon.
   The bill was then ordered to third reading.
   S. B. 575, Repealing code related to prior disability under Emergency Medical Services Retirement System; on second reading, coming up in regular order, was read a second time and ordered to third reading.
   S. B. 579, Increasing special reclamation tax on clean coal mined; on second reading, coming up in regular order, was read a second time.
   An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 3. SURFACE COAL MINING AND RECLAMATION ACT.
§22-3-11. Bonds; amount and method of bonding; bonding requirements; special reclamation tax and funds; prohibited acts; period of bond liability.

     (a) After a surface mining permit application has been approved pursuant to this article, but before a permit has been issued, each operator shall furnish a penal bond, on a form to be prescribed and furnished by the secretary, payable to the State of West Virginia and conditioned upon the operator faithfully performing all of the requirements of this article and of the permit. The penal amount of the bond shall be not less than $1,000 nor more than $5,000 for each acre or fraction of an acre: Provided, That the minimum amount of bond furnished for any type of reclamation bonding shall be $10,000. The bond shall cover: (1) The entire permit area; or (2) that increment of land within the permit area upon which the operator will initiate and conduct surface mining and reclamation operations within the initial term of the permit. If the operator chooses to use incremental bonding, as succeeding increments of surface mining and reclamation operations are to be initiated and conducted within the permit area, the operator shall file with the secretary an additional bond or bonds to cover the increments in accordance with this section: Provided, however, That once the operator has chosen to proceed with bonding either the entire permit area or with incremental bonding, the operator shall continue bonding in that manner for the term of the permit.
     (b) The period of liability for bond coverage begins with issuance of a permit and continues for the full term of the permit plus any additional period necessary to achieve compliance with the requirements in the reclamation plan of the permit.
     (c) (1) The form of the bond shall be approved by the secretary and may include, at the option of the operator, surety bonding, collateral bonding (including cash and securities), establishment of an escrow account, self bonding or a combination of these methods. If collateral bonding is used, the operator may elect to deposit cash or collateral securities or certificates as follows: Bonds of the United States or its possessions of the Federal Land Bank or of the Homeowners' Loan Corporation; full faith and credit general obligation bonds of the State of West Virginia or other states and of any county, district or municipality of the State of West Virginia or other states; or certificates of deposit in a bank in this state, which certificates shall be in favor of the department. The cash deposit or market value of the securities or certificates shall be equal to or greater than the penal sum of the bond. The secretary shall, upon receipt of any deposit of cash, securities or certificates, promptly place the same with the Treasurer of the State of West Virginia whose duty it is to receive and hold the deposit in the name of the state in trust for the purpose for which the deposit is made when the permit is issued. The operator making the deposit is entitled, from time to time, to receive from the State Treasurer, upon the written approval of the secretary, the whole or any portion of any cash, securities or certificates so deposited, upon depositing with him or her in lieu thereof cash or other securities or certificates of the classes specified in this subsection having value equal to or greater than the sum of the bond.
     (2) The secretary may approve an alternative bonding system if it will: (A) Reasonably assure that sufficient funds will be available to complete the reclamation, restoration and abatement provisions for all permit areas which may be in default at any time; and (B) provide a substantial economic incentive for the permittee to comply with all reclamation provisions.
     (d) The secretary may accept the bond of the applicant itself without separate surety when the applicant demonstrates to the satisfaction of the secretary the existence of a suitable agent to receive service of process and a history of financial solvency and continuous operation sufficient for authorization to self insure.
     (e) It is unlawful for the owner of surface or mineral rights to interfere with the present operator in the discharge of the operator's obligations to the state for the reclamation of lands disturbed by the operator.
     (f) All bond releases shall be accomplished in accordance with the provisions of section twenty-three of this article.
     (g) The Special Reclamation Fund previously created is continued. The Special Reclamation Water Trust Fund is created within the State Treasury into and from which moneys shall be paid for the purpose of assuring a reliable source of capital to reclaim and restore water treatment systems on forfeited sites. The moneys accrued in both funds, any interest earned thereon and yield from investments by the State Treasurer or West Virginia Investment Management Board are reserved solely and exclusively for the purposes set forth in this section and section seventeen, article one of this chapter. The funds shall be administered by the secretary who is authorized to expend the moneys in both funds for the reclamation and rehabilitation of lands which were subjected to permitted surface mining operations and abandoned after August 3, 1977, where the amount of the bond posted and forfeited on the land is less than the actual cost of reclamation, and where the land is not eligible for abandoned mine land reclamation funds under article two of this chapter. The secretary shall develop a long-range planning process for selection and prioritization of sites to be reclaimed so as to avoid inordinate short-term obligations of the assets in both funds of such magnitude that the solvency of either is jeopardized. The secretary may use both funds for the purpose of designing, constructing and maintaining water treatment systems when they are required for a complete reclamation of the affected lands described in this subsection. The secretary may also expend an amount not to exceed ten percent of the total annual assets in both funds to implement and administer the provisions of this article and, as they apply to the Surface Mine Board, articles one and four, chapter twenty-two-b of this code.
     (h) (1) Rate, deposits and review.
_____
(A) For tax periods commencing on and after July 1, 2009, every person conducting coal surface mining shall remit a special reclamation tax of fourteen and four-tenths cents per ton of clean coal mined, the proceeds of which shall be allocated by the secretary for deposit in the Special Reclamation Fund and the Special Reclamation Water Trust Fund.
     (B) For tax periods commencing on and after July 1, 2012, the rate of tax specified in paragraph (A) of this subdivision is discontinued and is replaced by the rate of tax specified in this paragraph (B). For tax periods commencing on and after July 1, 2012, every person conducting coal surface mining shall remit a special reclamation tax of twenty-seven and nine-tenths cents per ton of clean coal mined, the proceeds of which shall be allocated by the secretary for deposit in the Special Reclamation Fund and the Special Reclamation Water Trust Fund. Of that amount, fifteen cents per ton of clean coal mined shall be deposited into the Special Reclamation Water Trust Fund.
_____
(C) The tax shall be levied upon each ton of clean coal severed or clean coal obtained from refuse pile and slurry pond recovery or clean coal from other mining methods extracting a combination of coal and waste material as part of a fuel supply.
     (D) Beginning with the tax period commencing on July 1, 2009, and every two years thereafter, the special reclamation tax shall be reviewed by the Legislature to determine whether the tax should be continued: Provided, That the tax may not be reduced until the Special Reclamation Fund and Special Reclamation Water Trust Fund have sufficient moneys to meet the reclamation responsibilities of the state established in this section.
     (2) In managing the Special Reclamation Program, the secretary shall: (A) Pursue cost- effective alternative water treatment strategies; and (B) conduct formal actuarial studies every two years and conduct informal reviews annually on the Special Reclamation Fund and Special Reclamation Water Trust Fund.
     (3) Prior to December 31, 2008, the secretary shall:
     (A) Determine the feasibility of creating an alternate program, on a voluntary basis, for financially sound operators by which those operators pay an increased tax into the Special Reclamation Fund in exchange for a maximum per-acre bond that is less than the maximum established in subsection (a) of this section;
     (B) Determine the feasibility of creating an incremental bonding program by which operators can post a reclamation bond for those areas actually disturbed within a permit area, but for less than all of the proposed disturbance and obtain incremental release of portions of that bond as reclamation advances so that the released bond can be applied to approved future disturbance; and
     (C) Determine the feasibility for sites requiring water reclamation by creating a separate water reclamation security account or bond for the costs so that the existing reclamation bond in place may be released to the extent it exceeds the costs of water reclamation.
     (4) If the secretary determines that the alternative program, the incremental bonding program or the water reclamation account or bonding programs reasonably assure that sufficient funds will be available to complete the reclamation of a forfeited site and that the Special Reclamation Fund will remain fiscally stable, the secretary is authorized to propose legislative rules in accordance with article three, chapter twenty-nine-a of this code to implement an alternate program, a water reclamation account or bonding program or other funding mechanisms or a combination thereof.
     (i) This special reclamation tax shall be collected by the State Tax Commissioner in the same manner, at the same time and upon the same tonnage as the minimum severance tax imposed by article twelve-b, chapter eleven of this code is collected: Provided, That under no circumstance shall the special reclamation tax be construed to be an increase in either the minimum severance tax imposed by said article or the severance tax imposed by article thirteen of said chapter.
     (j) Every person liable for payment of the special reclamation tax shall pay the amount due without notice or demand for payment.
     (k) The Tax Commissioner shall provide to the secretary a quarterly listing of all persons known to be delinquent in payment of the special reclamation tax. The secretary may take the delinquencies into account in making determinations on the issuance, renewal or revision of any permit.
     (l) The Tax Commissioner shall deposit the moneys collected with the Treasurer of the State of West Virginia to the credit of the Special Reclamation Fund and Special Reclamation Water Trust Fund.
     (m) At the beginning of each quarter, the secretary shall advise the State Tax Commissioner and the Governor of the assets, excluding payments, expenditures and liabilities, in both funds.
     (n) To the extent that this section modifies any powers, duties, functions and responsibilities of the department that may require approval of one or more federal agencies or officials in order to avoid disruption of the federal-state relationship involved in the implementation of the federal Surface Mining Control and Reclamation Act, 30 U. S. C. §1270 by the state, the modifications will become effective upon the approval of the modifications by the appropriate federal agency or official."
     The bill was then ordered to third reading.
     S. B. 646, Requiring State Board of Education study GED issues; on second reading, coming up in regular order, was read a second time.
     An amendment, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the bill on page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-6b. General Educational Development (GED) diploma; legislative findings and intent; examination costs; testing materials and procedures; report required.
_(a) The Legislature makes the following findings related to the General Educational Development (GED) examination:
_(1) The GED examination is an instrument for success that can keep a student from dropping out of school and can transform the future for both school age and adult individuals who attain a GED diploma. One in every seven Americans with a high school credential has received the GED, as well as one in every twenty college students. For those who have not graduated from high school, attaining a GED diploma greatly increases their employment opportunities and earning potential.
_(2) While West Virginia's average per-capita income has increased over the past ten years as the state's economy has held steady or grown slightly, most other states have shown declines. Despite these positive changes, West Virginia still ranks as one of the five poorest states in the nation. Additionally, many counties within the state fall far below the state average; therefore, the current cost of the GED examination is difficult for many citizens to afford without help, and significant cost increases will make the GED examination cost prohibitive.
_(3) In addition to the cost factor, large areas of West Virginia are without broadband Internet access or without adequate broadband Internet access speeds, which results in diminished opportunities for rural residents to participate in the rapidly unfolding digital revolution compared to their nonrural neighbors. Citizens living in these areas have few opportunities to become adept in computer technology. Therefore, most such citizens, especially adults seeking to earn a GED years after leaving the public school system, are not proficient or even comfortable using the Internet.
_(4) Individuals who may benefit most from earning a GED diploma are those who lack many of the skills needed to secure employment or to function successfully in an age dependent upon technology. Because such individuals also lack the financial resources to obtain those needed skills, if the GED is unattainable they are likely to remain in a state of poverty.
_(b) It is the intent of the Legislature to make the GED diploma available to the widest possible range of state residents who have not achieved a high school diploma. To that end, an examination of the following issues is required:
_(1) The impact on prospective GED test takers of the proposed changes in the design and delivery of the qualifying examination made by the American Council on Education (ACE) in 2011;
_(2) The impact of the increase in costs per individual tested; and
_(3) The alternatives available to reduce costs and to retain the option of pen and paper testing for those who desire it.
_(c) The State Board shall perform an exhaustive study of the issues surrounding administration of the GED examination in the state including, but not limited to, the following:
_(1) Analysis of research, pilot testing, or both, that was done in West Virginia by the American Council on Education prior to its decision to eliminate pen and paper examinations, along with the justifications offered for eliminating this type of examination as a possible option;
_(2) Determination of the current and future costs to the state to provide GED examinations free of charge to eligible individuals; and
_(3) Recommendations for statutory or rule changes to achieve the following goals:
_(A) Reducing or controlling escalating costs of administering the GED examinations; and
_(B) Retaining paper and pen testing for those individuals who request or require it; or
_(C) Eliminating or reducing significantly the difficulty for individuals who are not comfortable or proficient in taking online examinations.
_(d) The State Board shall complete its work and report its findings, conclusions and recommendations, together with drafts of any legislation or rule changes necessary to effectuate the recommendations, to the Legislative Oversight Commission on Education Accountability no later than July 1, 2012.
"
 The bill was then ordered to third reading.
 S. B. 650, Making supplementary appropriation from General Revenue to DHHR--Division of Human Services; on second reading, coming up in regular order, was read a second time and ordered to third reading.
 S. B. 673, Expiring funds from MAPS -- Office of the Secretary and making supplementary appropriation to MAPS -- Division of Corrections -- Correctional Units; on second reading, coming up in regular order, was read a second time and ordered to third reading.
 S. B. 676, Extending grant funding application date for Chesapeake Bay watershed compliance projects; on second reading, coming up in regular order, was read a second time.
 At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third reading with an amendment pending, and the rule was suspended to permit the offering and consideration of the amendment on that reading.
 H. B. 4658, Supplementing, amending, decreasing and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation -Division of Highways; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading

 The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
 Com. Sub. for S. B. 110, Relating to Broadband Deployment Council,
 Com. Sub. for S. B. 211, Creating traffic offenses for texting or using handheld wireless communication device while driving,
 Com. Sub. for S. B. 408, Creating criminal offense for intentional defacement of public and private property,
 Com. Sub. for S. B. 507, Relating to voluntary and involuntary hospitalization of mentally ill persons,
 And,
 Com. Sub. for H. B. 4013, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution.
Miscellaneous Business

 Delegate L. Phillips announced that she was absent yesterday when the votes were taken on Roll Nos. 236 through 244, and that had she been present, she would have voted "Yea" thereon.
 At 12:01 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.
* * * * * * *

Evening Session

* * * * * * *

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

 Chairman White, from the Committee on Finance, submitted the following report, which was received:
 Your Committee on Finance has had under consideration:
 Com. Sub. for S. B. 478, Creating apprentice hunting and trapping license,
 And reports the same back with the recommendation that it do pass.
 Chairman Poling, from the Committee on Education, submitted the following report, which was received:
 Your Committee on Education has had under consideration:
 Com. Sub. for S. B. 457, Continuing Rural Health Initiative; other provisions,
 And reports the same back, with amendment, with the recommendation that it do pass, as amended.
 Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
 Your Committee on the Judiciary has had under consideration:
 S. B. 496, Modifying DEP requirement of greenhouse gas emissions' inventory,
 Com. Sub. for S. B. 501, Requiring health insurance coverage of certain hearing aids,
 Com. Sub. for S. B. 528, Relating to scrap metal dealers and scrap metal,
 S. B. 544, Extending expiration date for certain diesel-powered motor vehicle idling restrictions,
 Com. Sub. for S. B. 562, Establishing DEP procedure for biologic component compliance of narrative water quality standard,
 And,
 S. B. 605, Limiting landowners' liability for military, law-enforcement or homeland defense training purposes,
 And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
 Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
 Your Committee on the Judiciary has had under consideration:
 S. B. 75, Creating Equine Rescue Facilities Act,
 Com. Sub. for S. B. 547, Relating to certain criminal conviction expungement,
 S. B. 611, Developing special community-based pilot demonstration project to improve at-risk youth outcomes,
 And,
 Com. Sub. for S. B. 659, Requiring criminal background checks for certain employees of state service providers,
 And reports the same back with the recommendation that they each do pass.
 Chairman White, from the Committee on Finance, submitted the following report, which was received:
 Your Committee on Finance has had under consideration:
 Com. Sub. for S. B. 76, Creating Green Building Act,
 Com. Sub. for S. B. 153, Increasing tax credits for apprenticeship training in construction trades,
 S. B. 428, Relating to motor vehicle regisltration of governmental vehicles,
 S. B. 497, Awarding attorney fees and costs for administrative proceedings under WV Surface Coal Mining and Reclamation Act,
 S. B. 500, Allowing IS&C to bill certain spending units for telecommunication services annually,
 And,
 Com. Sub. for S. B. 517, Including community beautification and reclamation programs in authorized community corrections programs,
 And reports the same back with the recommendation that they each do pass.
 Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
 Your Committee on the Judiciary has had under consideration:
 Com. Sub. for S. B. 118, Terminating residential lease upon tenant death,
 Com. Sub. for S. B. 149, Relating to disposition of forfeited or abandoned firearms in state custody,
 Com. Sub. for S. B. 340, Relating to interscholastic athletics concussions and head injuries,
 Com. Sub. for S. B. 477, Limiting possession of wild and exotic animals,
    Com. Sub. for S. B. 618, Relating to municipal and magistrate courts' notification to DMV of violator' failure to pay or appear,
 And,
 Com. Sub. for S. B. 623, Authorizing PSC promulgate rules establishing capacity improvement fee requirements,
 And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Messages from the Senate

 A message from the Senate, by
 The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:
 Com. Sub. for H. B. 4088, Repealing the West Virginia telecommunications tax.
 A message from the Senate, by
 The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:
 Com. Sub. for H. B. 4398, Declaring certain claims against the state and its agencies to be moral obligations of the state.
 A message from the Senate, by
 The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
 H. B. 4523, Relating to the Bureau for Child Support enforcement and reporting employment and income of an independent contractor.
 A message from the Senate, by
 The Clerk of the Senate, announced the adoption by the Senate, without amendment, of concurrent resolutions of the House of Delegates as follows:
 H. C. R. 49, The "LTC Spencer J. Campbell Memorial Bridge",
 And,
 H. C. R. 112, Recognizing and welcoming the Turkish Delegation from the Zonguldak Chamber of Commerce and Businessmen Association.
 A message from the Senate, by
 The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
 Com. Sub. for S. B. 191, Relating to personal safety orders
 A message from the Senate, by
 The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:
 H. C. R. 75, The "McCellan Highway and Jerry Lee Richards Memorial Highway".
 On motion of Delegate Boggs, the resolution was taken up for immediate consideration.
 The following Senate amendments were reported by the Clerk:
 On page two, by striking out everything after the Resolved clause and inserting in lieu thereof the following:
 "That the Division of Highways name a five mile section of State Route 10, also known as McClellan Highway, from the Logan-Lincoln County line to the Harts Veterans Memorial Bridge in Harts, West Virginia, the "McClellan Highway and Jerry Lee Richards Memorial Highway"; and, be it
 Further Resolved, That the Division of Highways is requested to have made, and be placed, signs identifying the road as the 'McClellan Highway and Jerry Lee Richards Memorial Highway' on both the northbound and the southbound lanes of that five mile section of State Route 10; and, be it
 Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the family of Jerry Lee Richards and to the Secretary of the Department of Transportation."
 And,
 By amending the title of the resolution to read as follows:
 H. C. R. 75 - "Requesting the Division of Highways to name a five mile section of State Route 10, also known as McClellan Highway, from the Logan-Lincoln County line to the Harts Veterans Memorial Bridge in Harts, West Virginia, the "McClellan Highway and Jerry Lee Richards Memorial Highway."
 On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendments.
 The question being on the adoption of the resolution as amended by the Senate, the Speaker declared the resolution (H. C. R. 75) adopted.
 Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
 A message from the Senate, by
 The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
 Com. Sub. for H. B. 4338, Raising the maximum value amount of an abandoned motor vehicle.
 On motion of Delegate Boggs, the bill was taken up for immediate consideration.
 The following Senate amendments were reported by the Clerk:
 On pages eight and nine, lines one hundred one through one hundred twenty-three, by striking out all of subsection (f) and inserting in lieu thereof a new subsection (f), to read as follows:
 "(f) For an abandoned motor or junked motor vehicle having a loan value of $2,500 $7,500 or less, as ascertained by values placed upon motor vehicles using a standard industry reference book, a licensed motor vehicle dealer, as defined in section one, article one, chapter seventeen-a of this code, or a motor vehicle repair facility or a towing company registered with the Public Service Commission pursuant to section two-a, article two, chapter twenty-four-a of this code may, if a motor vehicle is abandoned on the property or place of business of the dealer or a motor vehicle repair facility or towing company and is not claimed by the owner or a lienholder after notice within the time set forth in subsection (d) of this section or if the identity of the last registered owner of the abandoned motor vehicle cannot be determined or if the certificate of registration or certificate of title contains no address of the owner or if it is impossible to determine with reasonable certainty the identity and address of all lienholders after publication as set forth in subsection (b) of this section, file an application with the Division of Motor Vehicles for a certificate of title and registration which, upon payment of the appropriate fees, shall be issued. The dealer or motor vehicle repair facility or towing company may then sell the motor vehicle at private sale or public auction."
 On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
 The bill, as amended by the Senate, was then put upon its passage.
 On the passage of the bill, the yeas and nays were taken (Roll No. 266), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
 Absent and Not Voting: Craig, Doyle, Givens, Rodighiero and Swartzmiller.
    So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4338) passed.
 Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
 A message from the Senate, by
 The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
 Com. Sub. for H. B. 4345, Prohibiting the unauthorized sale of railroad scrap metal.
 On motion of Delegate Boggs, the bill was taken up for immediate consideration.
 The following Senate amendments were reported by the Clerk:
 On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 2. RAILROAD COMPANIES.
§31-2-17. Selling railroad scrap metal.
(a) As used in this section:
 (1) 'Company' is a railroad carrier as defined in section twenty-eight, article three, chapter sixty-one;
 (2) 'Railroad scrap metal' means any materials derived from railroad track, railroad track material, worn or used links, pins, journal bearings, or other worn, used, or detached appendages of railroad equipment or railroad track;
 (3) 'Purchaser' means any person in the business of purchasing railroad scrap metal, any salvage yard owner or operator, any public or commercial recycling facility owner or operator and any agent or employee thereof, or other individual or entity who purchase any form of railroad scrap metal;
 (4) 'Confusion of goods' means the intended mixture of similar railroad scrap metal done purposely by the purchaser without authorization of right or title to the railroad scrap metal.
 (b) Only a duly authorized individual, agent, officer or employee of a company may sell or dispose of railroad scrap metal owned by the company. Any sale or disposition of railroad scrap metal made by any unauthorized individual is void: Provided, That the purchaser knowingly purchased company railroad scrap metal.
 (c) All sales or disposition of company railroad scrap metal must:
 (1) Be in quantities equal to or greater than one ton;
 (2) Be accompanied by a bill of sale or other written evidence of authorization to sell the railroad scrap metal, a copy of which shall be retained by the purchaser and the duly authorized seller of railroad scrap metal; and
 (3) Comply with other lawful requirements regarding the sale and purchase of railroad scrap metal.
 (d) If a duly authorized individual sells or disposes of railroad scrap metal in quantities less than one ton, or without delivering a bill of sale or other written evidence of authorization from the company for sale or disposition of railroad scrap metal to the purchaser, the company shall not thereafter be entitled to the benefit of subsections (g) through (i) of this section.
 (e) Before knowingly acquiring railroad scrap metal the purchaser shall attempt to ascertain the lawful ownership thereof, whether by evidence of a bill of sale from the company, or other form of written authorization from the company for sale or disposition of railroad scrap metal to the purchaser.
 (f) In any civil action where the company claims to be the rightful owner of railroad scrap metal in the possession of a purchaser, the company may, in addition to any other relief to which the company may be entitled, seek an immediate order from the court to physically preserve any railroad scrap metal which is the subject of the suit, and any other metals with which they may have been confused, while the suit is pending.
 (g) In a civil action regarding rightful possession and ownership of railroad scrap metal, if the purchaser cannot produce the bill of sale or other written evidence of authorization to sell the railroad scrap metal, the court shall presume that the subject railroad scrap metal was unlawfully taken from the company.
 (h) The purchaser claiming ownership of the railroad scrap metal in controversy may rebut this presumption and prove a lawful right or title to the subject railroad scrap metal, but in the absence of adequate proof, the company shall be held to be the general owner of the subject railroad scrap metal, and shall be entitled to immediate possession of the railroad scrap metal in controversy.
 (i) If the court finds that any portion, or all of the railroad scrap metal in controversy was unlawfully obtained by the purchaser, and mixed or confused with other railroad scrap metal, it shall be deemed a confusion of goods. In the case of a confusion of goods, the purchaser loses any right in all mixed railroad scrap metal unless the railroad scrap metal can be identified and separated among the company and the purchaser.
 (j) In a civil action regarding rightful possession and ownership of railroad scrap metal, if the court finds that the purchaser knowingly purchased company railroad scrap metal and failed to attempt to ascertain that the person selling the railroad scrap metal had a legal right to do so, the court shall award the company costs and attorneys fees related to that action."
 And,
 On page one, by amending the title of the bill to read as follows:
 Com. Sub. for House Bill No. 4345 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-2-17, relating to the sale of company railroad scrap metal; defining terms; requiring written authorization for sale; setting a minimum weight for railroad scrap metal sold; requiring purchaser to attempt to verify ownership; creating certain presumptions and other standards available in civil action; providing that certain presumptions are lost if a company does not follow this section; and allowing an award of costs and attorneys fees in certain circumstances."
 On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
 The bill, as amended by the Senate, was then put upon its passage.
 On the passage of the bill, the yeas and nays were taken (Roll No. 267), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Craig, Doyle, Givens, Rodighiero and Swartzmiller.
    So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4345) passed.
 Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
 A message from the Senate, by
 The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates, as follows:
 Com. Sub. for H. B. 4530, Authorizing the Public Service Commission to consider and issue a financing order to certain regulated electric utilities to permit the recovery of expanded net energy costs.
 On motion of Delegate Boggs, the bill was taken up for immediate consideration.
 The following Senate amendments were reported by the Clerk:
 On page fourteen, section four-f, line two hundred thirty-three, by striking out the word "resulted" and inserting in lieu thereof the words "could result".
 On page fifteen, section four-f, line two hundred forty-five, by striking out the word "cost" and inserting in lieu thereof the word "costs".
 And,
 On page one, by amending the title of the bill to read as follows:
 Com. Sub. for H. B. 4530 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-4f, relating to authorizing the Public Service Commission of West Virginia to consider and authorize the recovery of certain expanded net energy costs by certain electric utilities through the issuance of consumer rate relief bonds; providing definitions; providing application process for financing order authorizing the recovery of certain costs; requiring certain information in application for financing order; providing for issuance of financing order and information contained therein; allowing for disposition of consumer rate relief property; providing for term of financing order; providing for subsequent Public Service Commission proceedings and limits on commission authority; providing for duties of certain electric utilities; providing for application of adjustment mechanism and filing of schedules with commission; providing for nonbypassability of consumer rate relief changes; providing for utility default and successors to certain utilities; providing for security interest in consumer rate relief property and transfer and sale of same; providing for limitation on taxation of consumer rate relief charges and exemption thereto; providing that consumer rate relief bonds are not debt of governmental entities or a pledge of taxing power; providing consumer rate relief bonds as legal investment; providing for certain pledge of state; providing for governing law; and providing for severability and non-utility status."
 On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendments.
 The bill, as amended by the Senate, was then put upon its passage.
 On the passage of the bill, the yeas and nays were taken (Roll No. 268), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
 Absent and Not Voting: Craig, Doyle, Givens, Rodighiero and Swartzmiller.
    So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4530) passed.
 Delegate Boggs moved that the bill take effect from its passage.
 On this question, the yeas and nays were taken (Roll No. 269), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
 Absent and Not Voting: Craig, Doyle, Givens, Rodighiero and Swartzmiller.
 So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4530) takes effect from its passage.
 Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
 A message from the Senate, by
 The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
 H. B. 4648, Implementing a domestic violence court pilot project.
 On motion of Delegate Boggs, the bill was taken up for immediate consideration.
 The following Senate amendments were reported by the Clerk:
 On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"CHAPTER 48. DOMESTIC RELATIONS.

ARTICLE 27. PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE.
PART 3. PROCEDURE.

§48-27-301. Jurisdiction.
 
(a) Circuit courts, family courts and magistrate courts, have concurrent jurisdiction over domestic violence proceedings as provided in this article.
 (b) The Supreme Court of Appeals is authorized to assign an appropriate judicial officer for one pilot domestic violence court in any jurisdiction chosen by the Supreme Court of Appeals. The judicial officer assigned has the authority and jurisdiction to preside over criminal misdemeanor crimes of domestic violence involving family or household members as defined in subdivisions one through six and paragraphs (A), (B) and (H), subdivision seven, section two hundred four of this article, relating to offenses under subsections (b) and (c), section nine, section nine-a, and section twenty-eight, article two, chapter sixty-one of this code, misdemeanor offenses under article three, chapter sixty-one of this code, where the alleged perpetrator and the victim are said family or household members, subdivisions seven and eight, section seven, article seven, chapter sixty-one of this code and civil and criminal domestic violence protective order proceedings as provided in this article. The judicial officer chosen for any pilot domestic violence court may be a current or senior status circuit judge, family court judge, temporary family court judge or magistrate. The Supreme Court of Appeals is requested to maintain statistical data to determine the feasibility and effectiveness of any pilot domestic violence court established by the provisions of this section. The program shall terminate December 31, 2016, and the Supreme Court is requested to provide a report to the President of the Senate and the Speaker of the House of Delegates regarding the program's efficacy prior to the regular sessions of the Legislature in 2015 and 2016.
CHAPTER 51. COURTS AND THEIR OFFICERS.

ARTICLE 2A. FAMILY COURTS.
§51-2A-2. Family court jurisdiction; exceptions; limitations.
 (a) The family court shall exercise jurisdiction over the following matters:
 (1) All actions for divorce, annulment or separate maintenance brought under the provisions of article three, four or five, chapter forty-eight of this code except as provided in subsections (b) and (c) of this section;
 (2) All actions to obtain orders of child support brought under the provisions of articles eleven, twelve and fourteen, chapter forty-eight of this code;
 (3) All actions to establish paternity brought under the provisions of article twenty-four, chapter forty-eight of this code and any dependent claims related to such actions regarding child support, parenting plans or other allocation of custodial responsibility or decision-making responsibility for a child;
 (4) All actions for grandparent visitation brought under the provisions of article ten, chapter forty-eight of this code;
 (5) All actions for the interstate enforcement of family support brought under article sixteen, chapter forty-eight of this code and for the interstate enforcement of child custody brought under the provisions of article twenty of said chapter;
 (6) All actions for the establishment of a parenting plan or other allocation of custodial responsibility or decision-making responsibility for a child, including actions brought under the Uniform Child Custody Jurisdiction and Enforcement Act, as provided in article twenty, chapter forty-eight of this code;
 (7) All petitions for writs of habeas corpus wherein the issue contested is custodial responsibility for a child;
 (8) All motions for temporary relief affecting parenting plans or other allocation of custodial responsibility or decision-making responsibility for a child, child support, spousal support or domestic violence;
 (9) All motions for modification of an order providing for a parenting plan or other allocation of custodial responsibility or decision-making responsibility for a child or for child support or spousal support;
 (10) All actions brought, including civil contempt proceedings, to enforce an order of spousal or child support or to enforce an order for a parenting plan or other allocation of custodial responsibility or decision-making responsibility for a child;
 (11) All actions brought by an obligor to contest the enforcement of an order of support through the withholding from income of amounts payable as support or to contest an affidavit of accrued support, filed with the circuit clerk, which seeks to collect an arrearage;
 (12) All final hearings in domestic violence proceedings;
 (13) Petitions for a change of name, exercising concurrent jurisdiction with the circuit court;
 (14) All proceedings for payment of attorney fees if the family court judge has jurisdiction of the underlying action;
 (15) All proceedings for property distribution brought under article seven, chapter forty-eight of this code;
 (16) All proceedings to obtain spousal support brought under article eight, chapter forty-eight of this code;
 (17) All proceedings relating to the appointment of guardians or curators of minor children brought pursuant to sections three, four and six, article ten, chapter forty-four of this code, exercising concurrent jurisdiction with the circuit court; and
 (18) All proceedings relating to petitions for sibling visitation.
 (b) If an action for divorce, annulment or separate maintenance does not require the establishment of a parenting plan or other allocation of custodial responsibility or decision-making responsibility for a child and does not require an award or any payment of child support, the circuit court has concurrent jurisdiction with the family court over the action if, at the time of the filing of the action, the parties also file a written property settlement agreement executed by both parties.
 (c) If an action for divorce, annulment or separate maintenance is pending and a petition is filed pursuant to the provisions of article six, chapter forty-nine of this code alleging abuse or neglect of a child by either of the parties to the divorce, annulment or separate maintenance action, the orders of the circuit court in which the abuse or neglect petition is filed shall supercede and take precedence over an order of the family court respecting the allocation of custodial and decision-making responsibility for the child between the parents. If no order for the allocation of custodial and decision-making responsibility for the child between the parents has been entered by the family court in the pending action for divorce, annulment or separate maintenance, the family court shall stay any further proceedings concerning the allocation of custodial and decision-making responsibility for the child between the parents and defer to the orders of the circuit court in the abuse or neglect proceedings.
 (d) If a family court judge is assigned as a judicial officer of a pilot domestic violence court then jurisdiction of all proceedings relating to criminal misdemeanor crimes of domestic violence as referenced in section three hundred one of this article involving a family or household member as referenced in subdivisions one through six and paragraphs (A), (B), and (H), subdivision seven, section two hundred four, article twenty-seven, chapter forty-eight of this code.
_
(d) (e) A family court is a court of limited jurisdiction. A family court is a court of record only for the purpose of exercising jurisdiction in the matters for which the jurisdiction of the family court is specifically authorized in this section and in chapter forty-eight of this code. A family court may not exercise the powers given courts of record in section one, article five, chapter fifty-one of this code or exercise any other powers provided for courts of record in this code unless specifically authorized by the Legislature. A family court judge is not a 'judge of any court of record' or a 'judge of a court of record' as the terms are defined and used in article nine of this chapter."
 And,
 On page one, by amending the title of the bill to read as follows:
 H. B. 4648 - "A Bill to amend and reenact §48-27-301 of the Code of West Virginia, 1931, as amended; and to amend and reenact §51-2A-2 of said code, all relating to authorizing the Supreme Court of Appeals to utilize existing judicial officers and resources to establish and implement one domestic violence court pilot project; establishing and clarifying the jurisdiction of the pilot project court; establishing an expiration date for the pilot project and requesting reports to the President of the Senate and Speaker of the House of Delegates prior to the convening of the regular sessions of the legislature in the years 2015 and 2016."
 On motion of Delegate DeLong, the House refused to concur and requested the Senate to recede therefrom.
 Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
 A message from the Senate, by
 The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates, as follows:
 H. B. 4654, Relating to the provision of mailing services by the CPRB to certain retiree organizations.
 On motion of Delegate Boggs, the bill was taken up for immediate consideration.
 The following Senate amendments were reported by the Clerk:
 On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 10D. CONSOLIDATED PUBLIC RETIREMENT BOARD.
§5-10D-6. Voluntary deductions by the Consolidated Public Retirement Board from monthly benefits to retirees to pay association dues.
   
(a) Any recipient of monthly retirement benefits from any public retirement plan in this state may authorize that a deduction from his or her monthly benefits be made for the payment of membership dues or fees to a retiree association. The deductions shall be authorized on a form provided by the Consolidated Public Retirement Board and shall include: (a) (1) The identity and social security number of the retiree; (b) (2) the amount and frequency of the deduction; (c) (3) the identity and address of the association to which the dues or fees shall be paid; and (d) (4) the signature of the retiree.
   (b) Any retiree association authorized by recipients of monthly benefits from any public retirement plan in this state to receive dues or fees from deductions from retirants' monthly benefits may notify the board of its monthly dues on a form provided by the board: Provided, That no increase in dues or fees will be deducted from any retirant's monthly benefit until the retirant has completed an authorization form containing the information in subsection (a) and submitted this authorization to the board. The increased monthly retiree association dues or fees will be deducted commencing the month following the receipt of the authorization form to the board.
(c) Upon execution of the authorization and its receipt by the
Consolidated Public Retirement Board, the deduction shall be made in the manner specified on the form and remitted to the designated association on the tenth day of each month: Provided, That the deduction may not be made more frequently than monthly.
   (d) Deduction authorizations may be revoked at any time at least thirty days prior to the date on which the deduction is regularly made and on a form to be provided by the Consolidated Public Retirement Board.
   (e) Notwithstanding the provisions of section twenty-one, article eight, chapter five-a of this code to the contrary, a retiree association representing only West Virginia public retirees may request the board to mail voluntary membership applications and dues deduction cards to any eligible retirees of any West Virginia public retirement plan administered by the board: Provided, That the retiree association shall pay all costs associated with these mailings, including but not limited to copying, mailing, postage, record-keeping and auditing: Provided, however, That the board may contract with a third-party to provide mailing services that agrees to maintain the confidentiality of the names, addresses and other personally identifiable information of the retirants.
___(f) The board is not liable to any retirant, beneficiary or other annuitant for any action undertaken pursuant to this section. Any retiree association agrees, by requesting the board to deduct dues or fees or to provide mailings for it, to be responsible for any errors or omissions by the board
in conducting these activities pursuant to this section.
___(g) If any retiree association fails to timely pay to the board all costs required by this section, the board is authorized to thereafter refuse to provide the services in subsection (e).
___(h) The provisions of this section shall expire July 1, 2022."

   And,
   On page one, by amending the title of the bill to read as follows:
   H. B. 4654 - "A Bill to amend and reenact §5-10D-6 of the Code of West Virginia, 1931, as amended, relating to voluntary deductions by the Consolidated Public Retirement Board from monthly benefits to pay retiree association dues; establishing the date when the increased dues will be deducted; requiring prior authorization of the increased deductions by the retirants; adding requirement of board provision of blind mailing services for retiree associations; providing that the board is not liable for the provision of services; establishing a termination date of July 1, 2022."
   On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
   The bill, as amended by the Senate, was then put upon its passage.
   On the passage of the bill, the yeas and nays were taken (Roll No. 270), and there were--yeas 70, nays 24, absent and not voting 6, with the nays and absent and not voting being as follows:
   Nays: Andes, Armstead, Border, Carmichael, Cowles, Ellington, Gearheart, Hartman, Householder, Howell, Lane, C. Miller, J. Miller, Nelson, O'Neal, Overington, Pasdon, Romine, Savilla, Sigler, Snuffer, Sobonya, Storch and Walters.
   Absent and Not Voting: Craig, Doyle, Frazier, Givens, Rodighiero and Swartzmiller.
   So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4654) passed.
   Delegate Boggs moved that the bill take effect from its passage.
   On this question, the yeas and nays were taken (Roll No. 271), and there were--yeas 70, nays 22, absent and not voting 8, with the nays and absent and not voting being as follows:
   Nays: Andes, Armstead, Border, Carmichael, Cowles, Ellington, Gearheart, Householder, Howell, Lane, Michael, C. Miller, J. Miller, Nelson, O'Neal, Overington, Pasdon, Savilla, Sigler, Snuffer, Sobonya and Walters.
   Absent and Not Voting: Craig, Doyle, Givens, Iaquinta, Marshall, Rodighiero, Swartzmiller and Walker.
   So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4654) takes effect from its passage.
   Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
   A message from the Senate, by
   The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of        
   S. B. 677, Expiring funds from DHHR, Medicaid Fraud Control Fund, and making supplementary appropriation to DHHR, Division of Human Services"; which was referred to the Committee on Finance.
   A message from the Senate, by
   The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
   S. B. 678, Making supplementary appropriations from State Fund, General Revenue, to various accounts; which was referred to the Committee on Finance.
   A message from the Senate, by
   The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
   S. C. R. 55 - "Requesting the Joint Committee on Government and Finance to study the need to modify the Public-Private Transportation Facilities Act."
   Whereas, In 2008, the West Virginia Legislature found and declared (1) that there is a public need for timely acquisition or construction of and improvements to transportation facilities within the state that are compatible with state and local transportation plans; (2) that public need may not be wholly satisfied by existing ways in which transportation facilities are acquired, constructed or improved; (3) that authorizing private entities to acquire, construct or improve one or more transportation facilities may result in the availability of transportation facilities to the public in a more timely or less costly manner, thereby serving the public health, safety, convenience and welfare and the enhancement of the residential, agricultural, recreational, economic, commercial and industrial opportunities; (4) that providing a mechanism for the solicitation, receipt and consideration of proposals submitted by private entities for the purposes described in this section serves the public purpose of this article to the extent that the action facilitates the timely acquisition or construction of or improvement to a qualifying transportation facility or the continued operation of a qualifying transportation facility; and (5) that providing for the expansion and acceleration of transportation financing using innovative financing mechanisms, including, but not limited to, design-build contracting and financing arrangements, will add to the convenience of the public and allow public and private entities to have the greatest possible flexibility in contracting with each other for the provision of the public services which are the subject of the Public-Private Transportation Facilities Act; and
   Whereas, The West Virginia Legislature enacted the Public-Private Transportation Facilities Act in 2008; and
   Whereas, The Public-Private Transportation Facilities Act currently provides that the Division of Highways may not enter into any comprehensive agreements with a developer after June 30, 2013; and
   Whereas, It should be studied and examined whether it would be in the best interest of West Virginia if the Division of Highways could enter into comprehensive agreements with a developer after June 30, 2013; and
   Whereas, The Public-Private Transportation Facilities Act currently provides that the Division of Highways may not enter into a comprehensive agreement until the comprehensive agreement has been approved by the Legislature by the adoption of a concurrent resolution and, if approved by the Legislature, has also been approved by the Governor; and
   Whereas, It should be studied and examined whether it would be in the best interest of West Virginia if such required approval of comprehensive agreements by the Legislature and the Governor as mandated by the Public-Private Transportation Facilities Act be stricken and instead replaced with a more expedited approval process, such as through approval by the Secretary of the Department of Transportation; therefore, be it
   Resolved by the Legislature of West Virginia:
   That the Joint Committee on Government and Finance is hereby requested to study the need to modify the Public-Private Transportation Facilities Act; and, be it
   Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, 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.
   A message from the Senate, by
   The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
   S. C. R. 57 - "Requesting the Joint Committee on Government and Finance conduct a study on the efficacy of the state's cooperative purchasing process, including comparison to other state processes, and determine whether or not it would be beneficial to increase flexibility within the process."
   Whereas, The Education Efficiency Audit of West Virginia's Primary and Secondary Education System recognizes unique aspects that make purchases by the West Virginia Department of Education (WVDE)a hindrance; and
   Whereas, The same audit declares that the State procurement system provides neither adequate nor timely procurement services for certain operations; and        
   Whereas, West Virginia Code §5A-3-19 authorizes the Director of the Department of Administration, Division of Purchasing, to allow agencies to participate in consortium for the purchases of commodities or services with other public bodies if available and financially advantageous; and
   Whereas, Despite the authority to do so, the Department of Administration has determined that WVDE cannot use educational consortiums products and services without going through a Request for Proposal (RFP) or bid process, thereby creating a process that can take several months; therefore, be it
   Resolved by the Legislature of West Virginia:
   
That the Legislature hereby requests the Joint Committee on Government and Finance to conduct a study on the efficacy of the state's cooperative purchasing process, including comparison to other state processes, and determine whether or not it would be beneficial to increase flexibility within the process; and, be it
   Further resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, 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.
   A message from the Senate, by
   The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
   S. C. R. 59 - "Requesting the Joint Committee on Government and Finance to study allowing health care providers to prescribe an antibiotic for the sexual partner or partners of a patient who presents with a sexually transmitted disease without first conducting an examination of the partner or partners."
   Whereas, Sexually transmitted diseases are a serious public health concern in West Virginia; and
   Whereas, The practice of prescribing antibiotics to a patient's sexual partner without a medical examination is called expedited partner therapy; and
   Whereas, The logic behind expedited partner therapy is that if the partner is not treated simultaneously with the patient that the course of treatment for the patient will have little or no effect; and
   Whereas, Both the Centers for Disease Control and Prevention and the American College of Obstetricians and Gynecologists support expedited partner therapy as a means to treat and control certain sexually transmitted diseases; and        
   Whereas, An assessment of the legal status of expedited partner therapy by the Center for Law and the Public's Health and the Centers for Disease Control and Prevention found that three- fourths of states or territories either expressly permit expedited partner therapy or do not expressly prohibit the practice; therefore, be it
   Resolved by the Legislature of West Virginia:
   That the Joint Committee on Government and Finance is hereby requested to study allowing health care providers to prescribe an antibiotic for the sexual partner or partners of a patient who presents with a sexually transmitted disease without first conducting an examination of the partner or partners; and, be it
   Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, 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.
   A message from the Senate, by
   The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
   S. C. R. 62 - "Requesting the Joint Committee on Government and Finance to study the implementation of licensure requirements for sonographers and defining the scope of practice for diagnostic medical sonography."
          Whereas, Operators of medical ultrasound equipment who perform ultrasounds for the purpose of capturing images for submission to a physician for interpretation, called sonographers, are an important part of the medical diagnostic process; and
          Whereas, Ultrasound screening units currently do not require an order from a licensed practitioners; and
          Whereas, By requiring sonographers to be credentialed, the public could be assured that their examinations would be performed by individuals who are didactically trained and clinically experienced; and
          Whereas, Requiring these practitioners to be licensed may allow for a more accurate and proper diagnosis from a physician; and
          Whereas, Individuals performing ultrasounds prior to the implementation could be allowed to work under an Apprentice license and be given an additional two years to obtain credentials in that modality; therefore, be it
Resolved by the Legislature of West Virginia:
                    
That the Joint Committee on Government and Finance is hereby requested to study the implementation of licensure requirements for sonographers and defining the scope of practice for diagnostic medical sonography; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, 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.
                    A message from the Senate, by
                    The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
                    S. C. R. 77 - "Requesting the Division of Highways to name bridge number 28-52-11 in Mercer County, West Virginia, the 'Christine West Bridge'."
                    Whereas, Christine West has dedicated her time, energy, leadership and funds toward building and upgrading the King Coal Highway (I-73/74) Corridor; and
                    Whereas, Christine West was appointed to serve as a voting members on the King Coal Highway Authority on July 23, 1999; and
                    Whereas, Christine West is also a member of the National Interchange of the I-73/74, consisting of the states of West Virginia, Virginia, North Carolina, South Carolina, Michigan and Ohio; and
                    Whereas, Christine West has given her time and money traveling the proposed corridor to garner support from social and government organizations, as well as from local officials and state and federal legislators; and
                    Whereas, It is fitting, that a lasting tribute be made to such an outstanding public servant such as Christine West, whose dedication and commitment to the people of West Virginia has spanned so many years; therefore, be it
                    Resolved by the Legislature of West Virginia:
                    That the Legislature hereby requests the Division of Highways to name bridge number 28-52-11 in Mercer County, West Virginia, the "Christine West Bridge"; and, be it
                    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Christine West Bridge"; and, be it
                    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and Christine West.
                    A message from the Senate, by
                    The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules: 
                    S. C. R. 78 - "Requesting the Division of Highways to name bridge number 24-52/21-0.01 in McDowell County, West Virginia, the 'PFC Walter T. Lester Memorial Bridge'.".
                    Whereas, Walter T. Lester was born on September 9, 1931, the son of Andy and Liza Lester; and
                    Whereas, Walter T. Lester attended the Iaeger schools and enlisted in the United States Marine Corps on February 19, 1951; and
                    Whereas, Upon enlistment, Walter T. Lester received his basic training at Parris Island, South Carolina, and would later be deployed to fight for his country in the Korean Conflict; and
                    Whereas, Walter T. Lester was married to his beloved wife Geraldine Ann Roark of Iaeger, West Virginia; and
                    Whereas, Sadly, after only six months of deployment, Walter T. Lester was killed in action in Korea on March 27, 1953, at 21 years of age; and
                    Whereas, It is fitting to honor Walter T. Lester for making the ultimate sacrifice for his country by naming this bridge in his memory; therefore, be it
                    Resolved by the Legislature of West Virginia:
                    That the Division of Highways is hereby requested to name bridge number 24-52/21-0.01 in McDowell County, West Virginia, the "PFC Walter T. Lester Memorial Bridge"; and, be it
                    Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "PFC Walter T. Lester Memorial Bridge"; and, be it
                    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of Walter T. Lester.
                    At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports

                    Chairman White, from the Committee on Finance, submitted the following report, which was received:
                    Your Committee on Finance has had under consideration:
                    Com. Sub. for S. B. 342, Relating generally to criminal justice system,
                    Com. Sub. for S. B. 411, Making electronic cash register automated sales suppression devices unlawful,
                    Com. Sub. for S. B. 487, Creating Coalbed Methane Gas Distribution Fund,
                    Com. Sub. for S. B. 551, Providing limitation exception for certain mortgage modification loans,
                    Com. Sub. for S. B. 566, Relating to contracts with nonprofit and charitable entities for inmate work-release and transitional housing; court-ordered direct placement,
                    Com. Sub. for S. B. 588, Relating to Wholesale Drug Distribution Licensing Act of 1991,
                    S. B. 603, Establishing entity for operation of morale, welfare and recreation military facilities,
                    S. B. 606, Relating to property forfeiture related to child pornography arrests and computer crimes,
                    S. B. 619, Relating to annual business fees and reports due Secretary of State,
                    Com. Sub. for S. B. 634, Authorizing certain municipalities impose limited special public safety assessment fee,
                    And,
                    Com. Sub. for S. B. 661, Relating to data sharing among state education providers,
                    And reports the same back, with amendments, with the recommendation that they each do pass, as amended.
                    At 5:32 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, March 8, 2012.


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