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House Journal


Day 00 (01-9-02013)
Day 01 (02-13-2013)
Day 02 (02-14-2013)
Day 03 (02-15-2013)
Day 06 (02-18-2013)
Day 07 (02-19-2013)
Day 08 (02-20-2013)
Day 09 (02-21-2013)
Day 10 (02-22-2013)
Day 13 (02-25-2013)
Day 14 (02-26-2013)
Day 15 (02-27-2013)
Day 16 (02-28-2013)
Day 17 (03-01-2013)
Day 20 (03-04-2013)
Day 21 (03-05-2013)
Day 22 (03-06-2013)
Day 23 (03-07-2013)
Day 24 (03-08-2013)
Day 27 (03-11-2013)
Day 28 (03-12-2013)
Day 29 (03-13-2013)
Day 30 (03-14-2013)
Day 34 (03-18-2013)
Day 35 (03-19-2013)
Day 36 (03-20-2013)
Day 37 (03-21-2013)
Day 38 (03-22-2013)
Day 41 (03-25-2013)
Day 42 (03-26-2013)
Day 43 (03-27-2013)
Day 44 (03-28-2013)
Day 45 (03-29-2013)
Day 48 (04-01-2013)
Day 49 (04-02-2013)
Day 50 (04-03-2013)
Day 51 (04-04-2013)
Day 52 (04-05-2013)
Day 55 (04-08-2013)
Day 56 (04-09-2013)
Day 57 (04-10-2013)
Day 58 (04-11-2013)
Day 59 (04-12-2013)

Eighty-first Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

colorseal.jpg





__________*__________



 

Thursday, April 11, 2013

FIFTY-EIGHTH 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 Wednesday, April 10, 2013, being the first order of business, when the further reading thereof was dispensed with and the same approved.

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. 140, Recognizing July 16 as “Atomic Veterans Day of Remembrance” in West Virginia,

            S. C. R. 10, Requesting DOH name bridge in Lincoln County “Shelton Topping Bridge”,

            S. C. R. 15, Requesting DOH name Logan County Route 5/12 “Army Private First Class Troy Franklin Tomblin Memorial Highway”,

            S. C. R. 20, Requesting DOH name portion of State Route 80 in McDowell County “Army PFC Phill G. McDonald Memorial Highway”,

            S. C. R. 29, Requesting DOH name bridge number 20-64-54.37 “Army Cpl. Kenneth R. Hess Bridge”,

            S. C. R. 30, Requesting DOH name bridge in Wyoming County “Army SP4 Jackie (Hearn) McMillion Memorial Bridge”,

            And,

            S. C. R. 32, Requesting DOH name bridge in Monongalia County “U. S. Army and Air National Guard Col. Garry L. Bowers-Ices Ferry Bridge”,

            And reports the same back with the recommendation that they each be adopted.

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

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. B. 533, Modifying definitions of “domestic battery” and “domestic assault”,

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

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

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. B. 521, Creating amnesty program for certain drivers with suspended or revoked licenses,

            And,

            Com. Sub. for S. B. 565, Creating reverse auction pilot program for purchasing office supplies,

            And reports the same back with the recommendation that they each do pass.

Messages from the Executive

            Mr. Speaker, Mr. Thompson, presented a communication from His Excellency, the Governor, advising that on April 10, 2013, he approved H. B. 2487, H. B. 2784, H. B. 3013 and Com. Sub. for S. B. 359.

Messages from the Senate

            A message from the Senate, by

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

            Com. Sub. for H. B. 2815, Clarifying and modifying the process of appointing and terminating guardians for minors.

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

            The following Senate title amendment was reported by the Clerk:

            Com. Sub. for H. B. 2815 - “A Bill to amend and reenact §44-10-3 of the Code of West Virginia, 1931, as amended, relating generally to clarifying and modifying the process of appointing and terminating guardians for minors; authorizing concurrent jurisdiction of circuit and family courts for appointment of guardian for a minor; providing venue for petition for appointment; providing proceedings to beconducted in accordance with the Rules of Practice and Procedure for Minor Guardianship Proceedings; providing process for appointment of guardian; setting forth when the circuit clerk is to notify the court of the filing of a petition and when the court is to hold a hearing; setting forth what the court is to consider in appointing a guardian; providing for the appointment of a temporary guardian; providing for the termination or revocation of the guardianship appointment; and providing for the confidentiality of a guardian proceeding.”

            On motion of Delegate Boggs, the House of Delegates concurred in the Senate title 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. 243), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent and Not Voting: J. Nelson.

             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. 2815) 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 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 - “Urging the United States Army Corps of Engineers and Federal Highways Administration to respect state land use planning processes in carrying out their duties under the National Environmental Policy Act and Clean Water Act and to reject any proposed alternatives which fail to give full effect to state land use planning decisions and urging the United States Environmental Protection Agency to cease its interference with achievement of the goals of state land use planning.”

            Whereas, The Constitution of the United States of America establishes a system of dual sovereignty in which certain powers and authority are assigned to the federal government and certain powers and authority are reserved to state governments; and

            Whereas, The Constitution reserves power and authority over land use planning to state and local governments; and

            Whereas, Congress, in the first section of the federal Clean Water Act, makes it clear that “[i]t is the policy of the Congress to recognize, preserve and protect the primary responsibilities of States . . . to plan the development and use (including restoration, preservation and enhancement) of land and water resources. . . .”, 33 U. S. C. §1251(b); and

            Whereas, Historically, the economies of the coalfield counties of West Virginia have lacked the diversification necessary to sustain them following the extraction of the readily mineable coal in these counties, primarily due to a lack of developable land; and

            Whereas, The Legislature recognized the unique ability of the mining industry to address this issue by creating developable land as a post-mine land use. Therefore, it has established a land use planning process calling for Land Use Master Plans to be developed at the county level, subject to standards established by the Office of Coalfield Community Development, to plan for post-coal mining economic development in these areas; and

            Whereas, It was the intent of the Legislature that counties emulate in their land use planning processes the model developed by the Mingo County Redevelopment Authority under the direction of former executive director, the late Mike Whitt; and

            Whereas, In 2002, the Mingo County Redevelopment Authority hired an engineering company to develop a Land Use Master Plan. The authority entered into a collective agreement with a mining contractor to construct a utilities corridor, whereby the following year the West Virginia Department of Transportation signed a contract with the contractor for construction of the I-73/I-74 King Coal Highway, Red Jacket Section, and the Federal Highway Administration authorized funds for the project; and

            Whereas, In 2004, Mike Whitt and the Mingo County Redevelopment Authority were awarded the EPA’s Region 3 Phoenix Award, an award that recognizes individuals and groups who are working to solve the critical environmental challenge of transforming abandoned industrial areas into productive new uses. The most notable of new uses are development of the Mingo County Wood Products and Industrial Park; development of the Belo Industrial Park; development of Mingo County Fish Hatchery; construction of the new Mingo Central High School; construction of the Air Transportation Park; and construction of the Coal-To-Liquids Plant; as well as future housing subdivisions, commercial developments and recreation areas such as the Twisted Gun Golf Course; and

            Whereas, These plans were developed by the Mingo County Redevelopment Authority through public meetings and public hearings and were eventually approved by the Mingo County

commission; and

            Whereas, The Mingo County Land Use Master Plan envisions that the land on the top of Buffalo Mountain and vicinity in Mingo County be utilized for construction of the four-lane I-73/I-74 King Coal Highway along with hundreds of acres of flat land alongside it for economic development; and

            Whereas, Senator Robert Byrd secured $3 million for infrastructure development for the corridor construction and secured an additional $3.2 million in 2008; and

            Whereas, The West Virginia Department of Environmental Protection (DEP) has approved a surface mine permit for Consol of Kentucky which authorizes Consol of Kentucky to mine Buffalo Mountain and vicinity and requires it to provide the road bed for a five-mile segment of the King Coal Highway, along with hundreds of acres of developable land alongside it, all at no cost to the state or the federal government; and

            Whereas, The construction of the I-73/I-74 Corridor from Taylorsville to Gilbert Creek, approximately eleven miles, includes infrastructure improvements and planned development, utilizing each valuable section of property for a “greater and better use” as defined in the Clean Water Act of 1972; and

            Whereas, The post-mine land use approved by the Department of Environmental Protection for Buffalo Mountain and vicinity fully comports with the Mingo County Land Use Master Plan and will save the federal and state governments over $110 million in highway construction costs and will provide Mingo County the opportunity to achieve a diversified post-coal economy, all as intended by the Legislature; and

            Whereas, The Army Corps of Engineers is considering the application of Consol of Kentucky for the permit Consol needs under Section 404 of the federal Clean Water Act in order to accomplish its mining and approved post-mine land use in accordance with the Mingo County Land Use Master Plan; and

            Whereas, Incident to the Corps’ Section 404 permitting, it is participating with the Federal Highways Administration in development of a Supplemental Environmental Impact Statement under the National Environmental Policy Act for the highway alignment on Buffalo Mountain, economic development, mining and other ancillary activities; and

            Whereas, The United States Environmental Protection Agency (EPA) is advocating that the Federal Highways Administration and the Corps consider its alternative design for the mine and highway road bed, which would eliminate all of the flat land for economic development along the highway, disregarding and contradicting the Mingo County Land Use Master Plan and the whole purpose behind the land use planning policy established for this sovereign state by the Legislature; and

            Whereas, The Federal Highways Administration and the Corps are accepting comments on their Draft Supplemental Environmental Impact Statement through May 22, 2013; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby urges the United States Army Corps of Engineers and Federal Highways Administration to respect state land use planning processes in carrying out their duties under the National Environmental Policy Act and Clean Water Act and to reject any proposed alternatives which fail to give full effect to state land use planning decisions and urges the United States Environmental Protection Agency to cease its interference with achievement of the goals of state land use planning; and, be it

            Further Resolved, That the West Virginia Legislature declares that the post-mine land use approved by the Department of Environmental Protection for Buffalo Mountain to be in accordance with the Mingo County Land Use Master Plan and the state’s policy for land use planning; and, be it

            Further Resolved, That the Legislature strongly believes the alternative design advocated by the United States EPA: (1) Violates the Mingo County Land Use Master Plan and the state’s policy for land use planning; (2) cannot be considered to be a legitimate alternative to the design approved by the DEP; and (3) must be rejected by the Army Corps of Engineers and Federal Highways Administration; and, be it

            Further Resolved, That the Legislature requests that the United States EPA respect the state’s land use planning processes and cease its interference in the state’s attempts to achieve the goals of these processes in this case and in all others; and, be it

             Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor of West Virginia for inclusion, along with any remarks he cares to provide as to the comments of the State of West Virginia on this matter, to the Army Corps of Engineers, Federal Highways Administration, United States EPA, Council on Environmental Quality and such other persons as he sees fit. 

Resolutions Introduced

            Delegates Paxton, Guthrie, Wells, P. Smith, Poore, Walker, Moore, Craig, Caputo, D. Poling, Boggs, Hunt, Morgan, Perry and Swartzmiller offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 144 - “Requesting that the Division of Highways name bridge number 27-15-6.53, currently known as Old Town Bridge on County Route 15 (Sandhill Rd.) near Pt. Pleasant, Mason County, West Virginia the ‘Quentin H. Wickline Memorial Bridge’.”

            Whereas, Quentin H. Wickline was born on July 4, 1918, a proud patriot; and

            Whereas, Quentin H. Wickline was one of the first in his town to enlist in the U.S. Navy when World War II broke out and served a tour of duty in Japan before returning to West Virginia and going to work for the railroad; and

            Whereas, Quentin H. Wickline was drafted into the U.S. Army during the Korean War and spent over a year in Korea, achieving the rank of Sargent, before returning once again to West Virginia where he got a job with Appalachian Power; and

            Whereas, Quentin H. Wickline volunteered in his community as a baseball and softball coach, a member of the PTA, American Legion, VFW and SAR; and

            Whereas, Quentin H. Wickline was instrumental in starting the clothes closet and food bank at Pt. Pleasant Presbyterian Church, where he volunteered once a week for many years; and

            Whereas, Quentin H. Wickline was an active volunteer at Pleasant Valley Hospital and the Pt. Pleasant Senior Center, where he served on the Board of Directors, and even volunteered for a time at the V.A. Hospital in Huntington, where he was receiving cancer treatments; and

            Whereas, It is fitting and proper to honor the tireless work of Quentin H. Wickline on behalf of his fellow veterans, church and community by dedicating a bridge in his honor; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is requested to name bridge number 27-15-6.53, currently known as Old Town Bridge on County Route 15 (Sandhill Rd.) near Pt. Pleasant, Mason County, West Virginia the “Quentin H. Wickline 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 “Quentin H. Wickline Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to the family of Quentin H. Wickline.

            Delegates Manypenny, Ambler, Anderson, Andes, Arvon, Ashley, Azinger, Barill, Border, Campbell, Caputo, Cooper, Craig, Diserio, Eldridge, Ellington, Evans, A., Faircloth, Ferns, Fleischauer, Folk, Gearheart, Guthrie, Hamilton, Hamrick, Hartman, Iaquinta, Jones, Lawrence, Lynch, Marshall, Miller, Moye, Pasdon, Paxton, Perdue, Perry, L. Phillips, D. Poling, Poore, Raines, Reynolds, Romine, Rowan, Skaff, R. Smith, Sobonya, Sponaugle, Staggers, Storch, Stowers, Sumner, Swartzmiller, Walker, Westfall, Williams and Young offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 145 - “Requesting the Joint Committee on Government and Finance to study how West Virginia can fully fund the West Virginia Veterinarian’s Tuition Contract Program.”

            Whereas, With rising tuition and financial cuts to the West Virginia Higher Education Policy Commission budget on the horizon, a wider gap is being created between funding for this program and the necessary funds to send West Virginia students out of state to study veterinary medicine since West Virginia lacks a veterinary school; and

            Whereas, While Kentucky is similar to West Virginia in many different aspects, Kentucky has almost twice as many student candidates that are funded as West Virginia; and

            Whereas, Currently, there are thirteen designated slots each year for West Virginia students wishing to pursue an education in veterinarian medicine at the following partner institutions; Auburn University (2 students), Mississippi State University (5 students), and Virginia-Maryland Regional College of Veterinary Medicine (6 students); and

            Whereas, The program promises the guaranteed seats to West Virginia students while also lowering their tuition rates at the partnering schools to instate values; and

             Whereas, The support per student for the 2013-2014 year is $26,600; and

            Whereas, According to the Governor’s anticipated seven and one-half percent decrease from the current budget, this would leave a $263,000 deficit for the program for the 2013-2014 school year, $158,000 from the seven and one-half percent decrease in the current budget and $108,000 increase in Southern Regional Education Board fees; and

            Whereas, This study should consider increasing the number of students funded while also meeting the ongoing increases in tuition; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study how West Virginia can fully fund the West Virginia Veterinarian’s Tuition Contract Program; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, no later than the first day of the regular session, 2014, on its findings, conclusions, and recommendations, if any, 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 Fleischauer, Barill, Barrett, Butler, Caputo, Eldridge, Ellington, Faircloth, Ferns, Guthrie, Lynch, Manypenny, Marshall, Paxton, Perdue, D. Poling, Romine, Rowan, Storch, Swartzmiller, Walker and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 146 - “Requesting the Joint Committee on Government and Finance to study the need for regulations of anesthesia for surgery performed in physicians’ and dentists’ offices in order to eliminate preventable office-based surgery-patient injury and death.”

            Whereas, Under current West Virginia law, the Board of Medicine and Board of Osteopathy have no regulations for office-based surgery or office-based safety standards of care for physicians’ offices where procedures are performed with moderate sedation/analgesia, deep sedation/analgesia or general anesthesia; and

            Whereas, Doses needed to control pain during surgery may significantly decrease the patient’s respiratory rate, obstruct the patient’s airway, or even stop the patient’s breathing altogether; and

            Whereas, Due to the levels of anesthesia being on a continuum, patients can easily slip into a deeper than intended level of sedation; and

            Whereas, Physicians who intend to induce moderate sedation/analgesia must be prepared to rescue the patient from deeper than intended levels of anesthesia; and

            Whereas, There is a need for research on the need for office-based surgery standards of care, registration requirements, inspection for compliance requirements, registration and inspection fees for procedures with anesthesia; and

            Whereas, The West Virginia Board of Dental Examiners has extensive state laws and regulations for anesthesia to govern dentists’ offices and their staff and may have expertise to share regarding the need for regulation as well as what has worked and what has not worked; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study considering the adoption of regulations of anesthesia for surgery performed in physicians’ offices in order to eliminate preventable office-based surgery-patient injury and death and to further review the standards governing surgery with anesthesia performed in dentists’ offices; and, be it

            Further Resolved, That this study will review physicians’ and dentists’ offices where procedures are performed; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, no later than the first day of the regular session, 2014, on its findings, conclusions, and recommendations, if any, 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 Fleischauer, Ambler, Arvon, Ashley, Barill, Barrett, Butler, Cadle, Canterbury, Caputo, Cooper, Craig, Eldridge, Ellington, A. Evans, D. Evans, Faircloth, Ferns, Gearheart, Guthrie, Hamrick, Hartman, Iaquinta, Lynch, Manypenny, Marshall, Moye, Pasdon, Paxton, Perdue, L. Phillips, D. Poling, Poore, Raines, Reynolds, Romine, Rowan, Skinner, R. Smith, Sponaugle, Staggers, Storch, Stowers and Walker offered the following resolution, which was read by its title and referred to the Committee on Rules:

            Com. Sub. for H. C. R. 147 - “Requesting the Joint Committee on Government and Finance to authorize a study to consider a sentencing revision for DUI with death cases.”

            Whereas, Under current West Virginia law, DUI with death can be considered a felony or a misdemeanor; and

            Whereas, A DUI with death case will be considered a misdemeanor if the driver can not be proven to have been driving with reckless disregard for the safety of others; and

            Whereas, A DUI with death case will be considered a felony if the driver is driving with reckless disregard for the safety of others; and

            Whereas, Currently, a person’s blood alcohol content (BAC) is not a major consideration when determining whether a DUI with death case is a misdemeanor or a felony; and

            Whereas, A person guilty of a felony DUI with death, shall be imprisoned for two to ten years and shall be fined from $1,000 to $3,000; and

            Whereas, A person guilty of a misdemeanor DUI with death, shall be confined in jail from 90 days to one year and shall be fined from $500 to $1,000; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to authorize a study to see if the laws concerning DUI with death cases should be revised, including the elements of the crimes and appropriate sentences; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, no later than the first day of the regular session, 2014, on its findings, conclusions and recommendations, if any, 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 Craig, Hamilton, Pino, Ireland and Ellem offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 150 - “ Requesting that the Joint Committee on Government and Finance conduct a study in regard to whether crossbow hunting should be authorized and, if authorized, when it should be permitted, and, if authorized, the requirements for the use of crossbows, and a study in regard to whether three hundred acres is necessary for a commercial shooting preserve for hunting birds, and, if not, what is the proper acreage for such a preserve, and a study in regard to whether the spring season for hunting turkey gobblers should be the third Monday in April, and a study in regard to whether non-resident landowners should continue to pay for licenses to hunt, trap or fish on their own property.  

            Whereas, Legislation to authorize crossbow hunting for persons other than those who are disabled has been introduced in several legislative sessions; and 

            Whereas, There is concern about when crossbow hunting should be permitted, if authorized; and

            Whereas, There is concern as to the requirements for the use of crossbows, if authorized, and

            Whereas, Current code requires that a commercial shooting preserve must have a minimum of three hundred acres in one tract of land, and

            Whereas, A commercial shooting preserve for bird hunting may less acreage,

            Whereas, The spring season for gobbler turkey commences, by regulation on the fourth Monday in April, and

            Whereas, That makes the spring gobbler to be later in the spring, and

            Whereas, Resident land owners may hunt, trap or fish on their property without a license, but non-resident land owners are required to purchase a license to hunt, trap or fish on their own property, therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study whether crossbow hunting should be authorized and, if authorized, when it should be permitted, and, if authorized, the requirements for the use of crossbows; and, the Joint Committee on Government and Finance is hereby requested to study whether three hundred acres is necessary for a shooting preserve for hunting birds, and, if not, what is the proper acreage for such a preserve, and the Joint Committee on Government and Finance is hereby requested to study whether the spring season for hunting turkey gobblers should be the third Monday in April, and the Joint Committee on Government and Finance is hereby requested to study whether non-resident landowners should continue to pay for licenses to hunt, trap or fish on their own property, therefore, be it 

            Further Resolved, That the Joint Committee on Government and Finance report to the Legislature on the first day of the regular session, 2014, 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.

            Mr. Speaker, Mr. Thompson, and Delegates Eldridge, Iaquinta, Ambler, Anderson, Andes, Armstead, Arvon, Ashley, Azinger, Barill, Barrett, Boggs, Border, Butler, Cadle, Campbell, Canterbury, Caputo, Cooper, Cowles, Craig, Diserio, Ellem, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Ferns, Ferro, Fleischauer, Folk, Fragale, Frich, Gearheart, Guthrie, Hamilton, Hamrick, Hartman, Householder, Howell, Hunt, Ireland, Jones, Kump, Lane, Lawrence, Longstreth, Lynch, Manchin, Manypenny, Marcum, Marshall, McCuskey, Miley, Miller, Moore, Morgan, Moye, E. Nelson, O’Neal, Overington, Pasdon, Paxton, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pino, D. Poling, M. Poling, Poore, Raines, Reynolds, Romine, Rowan, Shott, Skaff, Skinner, P. Smith, R. Smith, Sobonya, Sponaugle, Staggers, Stephens, Storch, Stowers, Sumner, Swartzmiller, Tomblin, Walker, Walters, Wells, Westfall, White, Williams and Young offered the following resolution, which was read by the Clerk as follows:

            H. R. 35 - “Recognizing the one hundredth year of the West Virginia Division of Highways.”

            Whereas, Prior to 1913, the West Virginia Legislature designated that all road work was under the direct authority of the county courts and the county road engineer; and

            Whereas, In 1913, the West Virginia Legislature saw fit to create the State Road Bureau to oversee a coordinated roadway system to serve the citizens of this State; and

            Whereas, The Federal Aid Road Act of 1916 provided federal aid to those states for the improvement of any road on which the United States mail is or may be transported; and

            Whereas, The Federal Aid Road Act of 1916 required states to provide a match to receive federal funds, to establish a state highway department that shall oversee the maintenance of state highways; and

            Whereas, The West Virginia Legislature replaced the State Road Bureau with the State Road Commission in 1917 and agreed to match federal funds and maintain all roads constructed with Federal-aid funds; and

            Whereas, In 1920, the first bonds were issued under the Good Roads Amendment which provided up to $50 million for construction of roads to connect county seats in the State; and

            Whereas, In 1921, the West Virginia Legislature dedicated motor vehicle license fees to a newly created State Road Fund; and

            Whereas, In 1923, the West Virginia Legislature enacted the first gasoline tax of two cents per gallon dedicated to the State Road Fund for the repayment of highway bonds and for the repair, maintenance and reconstruction of roads and highways; and

            Whereas, In 1933, the West Virginia Legislature passed an act to place practically all roads on the State Road System and relieve the counties of their maintenance of roads; and

            Whereas, Said act transferred 4,417 roads designated as the State’s Primary System and 29,098 miles of roadways in a Secondary System; and

            Whereas, In 1948, construction began on the State’s first limited-access highway: US 119/WV 10 in Logan County; and

            Whereas, In November 1954, the first high speed expressway was opened as a two-lane toll road from Charleston to Princeton and named the West Virginia Turnpike; and

            Whereas, The Appalachian Regional Development Act was passed by Congress in 1965 to promote commerce in Appalachia with the development of a highway system; and

            Whereas, The Federal-Aid Highway Act was passed in 1968 by Congress that established the National Bridge inspection standards as a result of the 1967 tragedy when forty six souls lost their lives as a result of the collapse of the Silver Bridge in Point Pleasant; and

            Whereas, The West Virginia Legislature renamed the State Road Commission to the Department of Highways; and

            Whereas, The Department of Highways completed construction of the award winning New River Gorge Bridge on US 19 in Fayetteville creating the world’s longest single-span steel arch bridge with a length of 3,030 feet and a 876 feet rise above the New River; and

            Whereas, In 1988, the Department of Highways completed the final section of Interstate with the opening of Interstate 64 from Sam Black Church to Beckley and the 2,179 foot Glade Creek Bridge in Raleigh County; and

            Whereas, In 1989, the West Virginia Legislature reorganized State Government creating a Department of Transportation and renaming the Department as the Division of Highways; and

            Whereas, During the construction of the Interstate Highway System and the Appalachian Corridor System, the Division of Highways had over 10,000 employees and served as a major economic source for the State by employing thousands of construction workers, suppliers and manufacturers; and

            Whereas, With the completion of the majority of major highways, the Division of Highways today oversees approximately 36,000 miles of highways with approximately 5,000 employees; and

            Whereas, The Division of Highways is only one of four states charged with the massive task of maintaining most highways in the state; therefore, be it

            Resolved by the House of Delegates:

            That the House of Delegates hereby honor the West Virginia Division of Highways for 100 years of service in developing a safe statewide transportation system; and, be it

            Further Resolved, That the House of Delegates invites all citizens of West Virginia to join in recognizing the West Virginia Division of Highways and its employees for 100 years of contributions to the State in providing a safe highway system; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the West Virginia Division of Highways.

            At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 35) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

Special Calendar

Unfinished Business

            The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:

            S. C. R. 16, Requesting DOH name County Route 5/07 in Logan County “Army PFC James Edward Workman Memorial Road”,

            S. C. R. 17, Requesting DOH name bridge in Randolph County “Army Captain Bernard Francis Jones Memorial Bridge”,

            S. C. R. 19, Requesting DOH name bridge in Kanawha County “U. S. Army Sgt. Archie W. Searls Memorial Bridge”,

            S. C. R. 21, Requesting DOH name bridge in Logan County “Navy Lieutenant, Junior Grade, Edsel Carl Varney Memorial Bridge”,

            Com. Sub. for S. C. R. 22, Requesting DOH name bridge in Kanawha County “Joseph Albert ‘Joey’ King, Jr., Memorial Bridge”,

            S. C. R. 23, Requesting DOH name bridge in Wyoming County “Reverend Edward and Mary Mullins Memorial Bridge”,

            S. C. R. 24, Requesting DOH name portion of U. S. Route 60 in Kanawha County “Lou Tabit Highway”,

            H. C. R. 100, Requesting a study of Medical Amnesty and Good Samaritan policies in other states,

            H. C. R. 101, Requesting a study on the legality and the potential consequences of the use of drones by public and private entities in the State,

            H. C. R. 113, Requesting a study on the need for and the constitutionality of a revenue surcharge designated for live adult entertainment establishments that serve alcohol,

            H. C. R. 127, Requesting the Joint Committee on Government and Finance to study adult day care services in West Virginia,

            H. C. R. 129, Requesting the Joint Committee on Government and Finance to study the deficiencies in home caregiver assistance for senior citizens,

            H. C. R. 130, Requesting the Joint Committee on Government and Finance to study the feasibility of updating state laws that strengthen protections against elder abuse, exploitation and fraud,

            H. C. R. 138, Requesting that the Joint Committee on Government and Finance authorize a study on state recognition of Native American Tribes,

            And,

            H. C. R. 139, Requesting a study for the potential for creating new jobs and improving our economy by increasing agribusiness in the state.

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

Third Reading

            S. B. 208, Making supplementary appropriation from State Fund, General Revenue, to Department of Commerce, Division of Labor, and DHHR, Division of Human Services; 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. 244), and there were--yeas 71, nays 28, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Armstead, Arvon, Border, Cadle, Canterbury, Cooper, Cowles, Espinosa, D. Evans, Faircloth, Folk, Gearheart, Hamrick, Householder, Howell, Ireland, Kump, Lane, McCuskey, O'Neal, Overington, Rowan, Shott, R. Smith, Sobonya, Storch, Sumner and Walters.

            Absent and Not Voting: J. Nelson.

            So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 208) passed.

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

            On this question, the yeas and nays were taken (Roll No. 245), and there were--yeas 73, nays 26, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Armstead, Arvon, Border, Butler, Cadle, Cooper, Cowles, Espinosa, D. Evans, Faircloth, Folk, Gearheart, Hamrick, Householder, Howell, Ireland, Kump, Lane, McCuskey, Overington, Rowan, Shott, R. Smith, Sumner, Walters and Westfall.

            Absent and Not Voting: J. Nelson.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 208) takes effect from its passage.

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

            S. B. 214, Eliminating interview requirement for certain medical licensee applicants; 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 92, nays 7, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Border, Cadle, Howell, McCuskey, Raines, Sobonya and Sumner.

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 214) 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:

            S. B. 214 - “A Bill to amend and reenact §30-3-10 of the Code of West Virginia, 1931, as amended, relating generally to requirements of applicants for a license to practice medicine and surgery or podiatry; eliminating the requirement for all licensure applicants to appear for a personal interview with the Board of Medicine in certain circumstances; and authorizing the board to require applicants, on a case-by-case basis, to appear for a personal interview or to produce original documents for review by the board.”

            Delegate Boggs moved that the bill take effect July 1, 2013.

            On this question, the yeas and nays were taken (Roll No. 247), and there were--yeas 90, nays 8, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Border, Cadle, Gearheart, Howell, McCuskey, Raines, Sobonya and Sumner.

            Absent and Not Voting: Eldridge and J. Nelson.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 214) takes effect July 1, 2013.

            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. 358, Relating to municipal policemen and firemen pensions: 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. 248), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 358) passed.

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

            On this question, the yeas and nays were taken (Roll No. 249), and there were--yeas 99, nays none, absent and not voting 1, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. 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. 358) 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.

            S. B. 387, Relating to family court judge supervision of criminal background investigations; 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 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 387) passed.

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

            On this question, the yeas and nays were taken (Roll No. 251), and there were--yeas 99, nays none, absent and not voting 1, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. Nelson.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 387) takes effect from its passage.

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

            Com. Sub. for S. B. 435, Continuing Municipal Home Rule Pilot 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. 252), and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Guthrie, Poore and Skinner.

            Absent and Not Voting: J. Nelson and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 435) 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. 435 - “A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, relating to continuing the Municipal Home Rule Pilot Program; continuing the Municipal Home Rule Pilot Program; continuing the Municipal Home Rule Board; setting forth legislative findings; authorizing Class I, II, III and IV municipalities to participate in the program; clarifying the voting privileges of members of the Municipal Home Rule Board; clarifying the powers and duties of the board; establishing written plan requirements for municipalities; establishing requirements for the adoption of ordinances; requiring public hearings; setting forth powers and duties of the participating municipalities; prohibiting certain acts by participating municipalities; providing the opportunity for participating municipalities to withdraw from the program; providing for amendments to the written plan; requiring a performance review of the pilot program; establishing reporting requirements; validating the continuance of certain ordinances passed by the municipalities participating in the pilot program; prohibiting municipalities participating in the pilot program from restricting the right of any person to purchase, possess, transfer, own, carry, transport, sell or store any firearm, firearm accessory or accouterment, or any ammunition or ammunition component; providing limited exceptions to the firearms prohibition; and establishing a termination date of the pilot program.”

            Delegate Boggs moved that the bill take effect July 1, 2013.

            On this question, the yeas and nays were taken (Roll No. 253), and there were--yeas 99, nays none, absent and not voting 1, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. 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. 435) takes effect July 1, 2013.

            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. 440, Relating to disclosure of specified tax information for enforcement of Tobacco Master Settlement 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. 254), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 440) passed.

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

            On this question, the yeas and nays were taken (Roll No. 255), and there were--yeas 99, nays none, absent and not voting 1, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. 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. 440) takes effect from its passage.

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

            Com. Sub. for S. B. 445, Allowing Tax Commissioner divert lottery prizes to offset tax liabilities of lottery winners; 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 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 445) passed.

            Delegate Boggs moved that the bill take effect July 1, 2013.

            On this question, the yeas and nays were taken (Roll No. 257), and there were--yeas 99, nays none, absent and not voting 1, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. 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. 445) takes effect July 1, 2013.

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

            S. B. 446, Conforming motor fuel taxes with International Fuel 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. 258), and there were--yeas 96, nays 3, absent and not voting 1, with the absent and not voting being as follows:

            Nays: Howell, R. Smith and Sobonya 

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 446) passed.

            Delegate Boggs moved that the bill take effect July 1, 2013.

            On this question, the yeas and nays were taken (Roll No. 259), and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Howell and Sobonya 

            Absent and Not Voting: J. Nelson.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 446) takes effect July 1, 2013.

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

            S. B. 462, Extending time for informal conferences on surface mining permit applications; 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 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 462) passed.

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

            Com. Sub. for S. B. 478, Redefining “video lottery games”; permitting wagering by historic resort hotel employees; 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 75, nays 24, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Anderson, Armstead, Arvon, Border, Butler, Cadle, Faircloth, Frich, Gearheart, Hamrick, Howell, Iaquinta, Kump, Lane, Moye, Overington, Pasdon, L. Phillips, Rowan, R. Smith, Sobonya, Sponaugle, Sumner and Walker.

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 478) passed.

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

            Com. Sub. for S. B. 478 - “A Bill to amend and reenact §29-22A-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §29-22B-332 of said code; and to amend and reenact §29-25-2 and §29-25-24 of said code, all relating to wagering at video lottery and gaming facilities; deleting those video lottery games that allow players an option to select replacement symbols or numbers or additional symbols or numbers after the game is initiated and in the course of play from the definition of ‘video lottery game’; deleting prohibition against game themes commonly associated with casino gambling; and permitting certain employees of an historic resort hotel to wager at the gaming facility of that historic hotel.

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

            On this question, the yeas and nays were taken (Roll No. 262), and there were--yeas 79, nays 19, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Armstead, Arvon, Border, Butler, Cadle, Faircloth, Frich, Gearheart, Hamrick, Householder, Howell, Kump, Overington, Rowan, R. Smith, Sobonya, Sumner, Walters and Westfall.

            Absent and Not Voting: Ellem and J. 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. 478) 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.

            S. B. 491, Relating to rental car license cost recovery fee; 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. 263), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Skinner.

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 491) passed.

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

            S. B. 504, Relating to cooperative associations; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 264), and there were--yeas 99, nays none, absent and not voting 1, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 504) passed.

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

            S. B. 524, Supplementing, amending, decreasing and increasing appropriations from State Road Fund to DOT; 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. 265), and there were--yeas 99, nays none, absent and not voting 1, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 524) passed.

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

            On this question, the yeas and nays were taken (Roll No. 266), and there were--yeas 99, nays none, absent and not voting 1, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. Nelson.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 524) takes effect from its passage.

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

            S. B. 526, Making supplementary appropriation of federal funds to DHHR, 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. 267), and there were--yeas 99, nays none, absent and not voting 1, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. Nelson.

            So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 526) passed.

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

            On this question, the yeas and nays were taken (Roll No. 268), and there were--yeas 99, nays none, absent and not voting 1, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. Nelson.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 526) takes effect from its passage.

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

            Com. Sub. for S. B. 534, Correcting internal code reference regarding insurance information disclosure; 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. 269), and there were--yeas 99, nays none, absent and not voting 1, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 534) passed.

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

            On this question, the yeas and nays were taken (Roll No. 270), and there were--yeas 99, nays none, absent and not voting 1, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. 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. 534) takes effect from its passage.

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

            Com. Sub. for S. B. 542, Relating to restricted races at pari-mutuel thoroughbred horse race tracks; 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. 271), and there were--yeas 95, nays 4, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Armstead, Kump, Sobonya and Sponaugle. 

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 542) passed.

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

            Com. Sub. for S. B. 544, Scheduling departmental performance reviews; 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. 272), and there were--yeas 88, nays 11, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Arvon, Border, Cadle, Folk, Howell, Miller, Raines, R. Smith, Sobonya, Sumner and Westfall.

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 544) passed.

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

            Com. Sub. for S. B. 553, Relating to Highway Design-Build 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. 273), and there were--yeas 99, nays none, absent and not voting 1, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 553) passed.

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

            On this question, the yeas and nays were taken (Roll No. 274), and there were--yeas 99, nays none, absent and not voting 1, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. 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. 553) takes effect from its passage.

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

            Com. Sub. for S. B. 557, Continuing Preventive Care Pilot 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. 275), and there were--yeas 99, nays none, absent and not voting 1, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 557) 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. 557 - “A Bill to amend and reenact §16-2J-3 of the Code of West Virginia, 1931, as amended, relating to authorizing continued operation of certain pilot programs after expiration date; adding a reporting requirement; and resetting expiration date.”

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

            On this question, the yeas and nays were taken (Roll No. 276), and there were--yeas 99, nays none, absent and not voting 1, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. 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. 557) takes effect from its passage.

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

            S. B. 561, Establishing Tucker County Cultural District Authority; 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. 277), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Kump 

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 561) passed.

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

            On this question, the yeas and nays were taken (Roll No. 278), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Kump 

            Absent and Not Voting: J. Nelson.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 561) takes effect from its passage.

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

            S. B. 658, Extending time for Madison City Council to meet as levying body; 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. 279), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Howell 

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 658) passed.

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

            On this question, the yeas and nays were taken (Roll No. 280), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Howell 

            Absent and Not Voting: J. Nelson.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 658) takes effect from its passage.

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

 

            At 11:51 a.m., on motion of Delegate Boggs, the House of Delegates recessed until 1:30 p.m., and reconvened at that time.

* * * * * * *

Afternoon Session

* * * * * * *

Second ReadingS. B. 65, Exempting PERS retirement income of DNR police officers from state income tax; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            S. B. 82, Requiring rate-paying residential customer on public service board; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill as follows:

            “That §16-13A-3 and §16-13A-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 13A. PUBLIC SERVICE DISTRICTS.

§16-13A-3. District to be a public corporation and political subdivision; powers thereof; public service boards.

            From and after the date of the adoption of the order creating any public service district, it is a public corporation and political subdivision of the state, but without any power to levy or collect ad valorem taxes. Each district may acquire, own and hold property, both real and personal, in its corporate name, and may sue, may be sued, may adopt an official seal and may enter into contracts necessary or incidental to its purposes, including contracts with any city, incorporated town or other municipal corporation located within or without its boundaries for furnishing wholesale supply of water for the distribution system of the city, town or other municipal corporation, or for furnishing storm water services for the city, town or other municipal corporation, and contract for the operation, maintenance, servicing, repair and extension of any properties owned by it or for the operation and improvement or extension by the district of all or any part of the existing municipally owned public service properties of any city, incorporated town or other municipal corporation included within the district: Provided, That no contract shall extend beyond a maximum of forty years, but provisions may be included therein for a renewal or successive renewals thereof and shall conform to and comply with the rights of the holders of any outstanding bonds issued by the municipalities for the public service properties.

            The powers of each public service district shall be vested in and exercised by a public service board consisting of not less than three members who shall be persons residing within the district, who possess certain educational, business or work experience which will be conducive to operating a public service district. In the event the public service district is providing any utility service and billing rates and charges to its customers, at least one board member shall be a rate-paying residential customer of the public service district: Provided, That if an existing public service board does not have a member who is a rate-paying residential customer of the public service district on July 1, 2013, the next following appointment to the board shall be a rate-paying residential customer of that public service district. For purposes of this section, ‘rate-paying residential customer’ means a person who:

            (1) In the case of a water or sewer public service district, is physically connected to and actively receiving residential public service district utility services; or

            (2) In the case of a storm water public service district, has storm water conveyed away from the residential property by a utility owned system; and

            (3) Has an active account in good standing and is the occupier of the residential property which is on the public service district utility service account.

            Each board member shall, within six months of taking office, successfully complete the training program to be established and administered by the Public Service Commission in conjunction with the Division Department of Environmental Protection and the Bureau of Public Health. Board members shall not be or become pecuniarily interested, directly or indirectly, in the proceeds of any contract or service, or in furnishing any supplies or materials to the district nor shall a former board member be hired by the district in any capacity within a minimum of twelve months after board member’s term has expired or such board member has resigned from the district board. The members shall be appointed in the following manner:

            Each city, incorporated town or other municipal corporation having a population of more than three thousand but less than eighteen thousand is entitled to appoint one member of the board, and each city, incorporated town or other municipal corporation having a population in excess of eighteen thousand shall be entitled to appoint one additional member of the board for each additional eighteen thousand population. The members of the board representing such cities, incorporated towns or other municipal corporations shall be residents thereof and shall be appointed by a resolution of the governing bodies thereof and upon the filing of a certified copy or copies of the resolution or resolutions in the office of the clerk of the county commission which entered the order creating the district, the persons so appointed become members of the board without any further act or proceedings. If the number of members of the board so appointed by the governing bodies of cities, incorporated towns or other municipal corporations included in the district equals or exceeds three, then no further members shall be appointed to the board and the members so appointed are the board of the district except in cases of merger or consolidation where the number of board members may equal five.

            If no city, incorporated town or other municipal corporation having a population of more than three thousand is included within the district, then the county commission which entered the order creating the district shall appoint three members of the board, who are persons residing within the district and residing within the State of West Virginia, which three members become members of the board of the district without any further act or proceedings except in cases of merger or consolidation where the number of board members may equal five.

            If the number of members of the board appointed by the governing bodies of cities, incorporated towns or other municipal corporations included within the district is less than three, then the county commission which entered the order creating the district shall appoint such additional member or members of the board, who are persons residing within the district, as is necessary to make the number of members of the board equal three except in cases of merger or consolidation where the number of board members may equal five, and the member or members appointed by the governing bodies of the cities, incorporated towns or other municipal corporations included within the district and the additional member or members appointed by the county commission as aforesaid, are the board of the district. A person may serve as a member of the board in one or more public service districts.

            The population of any city, incorporated town or other municipal corporation, for the purpose of determining the number of members of the board, if any, to be appointed by the governing body or bodies thereof, is the population stated for such city, incorporated town or other municipal corporation in the last official federal census.

            Notwithstanding any provision of this code to the contrary, whenever a district is consolidated or merged pursuant to section two of this article, the terms of office of the existing board members shall end on the effective date of the merger or consolidation. The county commission shall appoint a new board according to rules promulgated by the Public Service Commission. Whenever districts are consolidated or merged no provision of this code prohibits the expansion of membership on the new board to five.

            The respective terms of office of the members of the first board shall be fixed by the county commission and shall be as equally divided as may be, that is approximately one third of the members for a term of two years, a like number for a term of four years, the term of the remaining member or members for six years, from the first day of the month during which the appointments are made. The first members of the board appointed as aforesaid shall meet at the office of the clerk of the county commission which entered the order creating the district as soon as practicable after the appointments and shall qualify by taking an oath of office: Provided, That any member or members of the board may be removed from their respective office as provided in section three-a of this article.

            Any vacancy shall be filled for the unexpired term within thirty days; otherwise successor members of the board shall be appointed for terms of six years and the terms of office shall continue until successors have been appointed and qualified. All successor members shall be appointed in the same manner as the member succeeded was appointed. The district shall provide to the Public Service Commission, within thirty days of the appointment, the following information: The new board member’s name, home address, home and office phone numbers, date of appointment, length of term, who the new member replaces and if the new appointee has previously served on the board. The Public Service Commission shall notify each new board member of the legal obligation to attend training as prescribed in this section.

            The board shall organize within thirty days following the first appointments and annually thereafter at its first meeting after January 1 of each year by selecting one of its members to serve as chair and by appointing a secretary and a treasurer who need not be members of the board. The secretary shall keep a record of all proceedings of the board which shall be available for inspection as other public records. Duplicate records shall be filed with the county commission and shall include the minutes of all board meetings. The treasurer is lawful custodian of all funds of the public service district and shall pay same out on orders authorized or approved by the board. The secretary and treasurer shall perform other duties appertaining to the affairs of the district and shall receive salaries as shall be prescribed by the board. The treasurer shall furnish bond in an amount to be fixed by the board for the use and benefit of the district.

            The members of the board, and the chair, secretary and treasurer thereof, shall make available to the county commission, at all times, all of its books and records pertaining to the district’s operation, finances and affairs, for inspection and audit. The board shall meet at least monthly.

§16-13A-4. Board chairman; members’ compensation; procedure; district name.

            (a) The chairman shall preside at all meetings of the board and may vote as any other member of the board. If the chairman is absent from any meeting, the remaining members may select a temporary chairman and if the member selected as chairman resigns as such or ceases for any reason to be a member of the board, the board shall select one of its members as chairman to serve until the next annual organization meeting.

            (b) Salaries of the board members are:

            (1) For districts with fewer than six hundred customers, up to $75 $100 per attendance at regular monthly meetings and $50 $75 per attendance at additional special meetings, total salary not to exceed $1,500 $2,000 per annum;

            (2) For districts with six hundred customers or more but fewer than two thousand customers, up to $100 $125 per attendance at regular monthly meetings and $75 $100 per attendance at additional special meetings, total salary not to exceed $2,500 $3,250 per annum;

            (3) For districts with two thousand customers or more, but fewer than four thousand customers, up to $125 $150 per attendance at regular monthly meetings and $75 $100 per attendance at additional special meetings, total salary not to exceed $3,750 $4,500 per annum; and

            (4) For districts with four thousand or more customers, up to $150 $200 per attendance at regular monthly meetings and $100 $150 per attendance at additional special meetings, total salary not to exceed $5,400 $6,400 per annum.

            The public service district shall certify the number of customers served to the Public Service Commission beginning on July 1 1986, and continue of each fiscal year. thereafter.

            (c) Public service districts selling water to other water utilities for resale or public service districts which provide sewer treatment for other sewer utilities may adopt the following salaries for its board members:

            (1) For districts with annual revenues of less than $50,000, up to $75 $100 per attendance at regular monthly meetings and $50 $75 per attendance at additional special meetings, total salary not to exceed $1,500 $2,000 per annum;

            (2) For districts with annual revenues of $50,000 or more, but less than $250,000, up to $100 $125 per attendance at regular monthly meetings and $75 $100 per attendance at special meetings, total salary not to exceed $2,500 $3,250 per annum;

            (3) For districts with annual revenues of $250,000 or more, but less than $500,000, up to $125 $150 per attendance at regular monthly meetings and $75 $100 per attendance at additional special meetings, total salary not to exceed $3,750 $4,500 per annum; and

            (4) For districts with annual revenues of $500,000 or more, up to $150 $200 per attendance at regular monthly meetings and $100 $150 per attendance at additional special meetings, total salary not to exceed $5,400 $6,400 per annum.

            The public service district shall certify the number of customers served and its annual revenue to the Public Service Commission beginning on July 1 2000, and continue of each fiscal year. thereafter.

            (d) Board members may be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their duties as provided for by the rules of the board. Notwithstanding any other provision of this code to the contrary, board members are not eligible for salary payment or reimbursement for expenses incurred prior to the public service district initiating service to its first customer. Salary and reimbursement for expenses may be incurred only at meetings occurring after the public service district initiated service to customers.

            (e) The board shall by resolution determine its own rules of procedure, fix the time and place of its meetings and the manner in which special meetings may be called. Public notice of meetings shall be given in accordance with section three, article nine-a, chapter six of this code. Emergency meetings may be called as provided for by said that section. A majority of the members constituting the board also constitute a quorum to do business.

            (f) The members of the board are not personally liable or responsible for any obligations of the district or the board, but are answerable only for willful misconduct in the performance of their duties. The county commission which created a district or county commissions if more than one created the district may, upon written request of the district, adopt an order changing the official name of a public service district: Provided, That such the name change will not be effective until approved by the Public Service Commission of West Virginia and the owners of any bonds and notes issued by the district, if any, shall have consented, in writing, to the name change. If a district includes territory located in more than one county, the county commission or county commissions changing the name of the district shall provide any county commission into which the district also extends with a certified copy of the order changing the name of the district. The official name of any district created under the provisions of this article may contain the name or names of any city, incorporated town or other municipal corporation included therein or the name of any county or counties in which it is located.”

            The bill was then ordered to third reading.

            S. B. 194, Repealing code relating to Medicaid program contract procedure; 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 as follows:

            “That §9-2-9b of the Code of West Virginia, as amended, be repealed; and to amend and reenact §9-2-6 of said code, all to read as follows:

§9-2-6. Powers of secretary.

            Within limits of state appropriations and federal grants and subject to provisions of state and federal laws and regulations, the secretary, in addition to all other powers, duties and responsibilities granted and assigned to that office in this chapter and elsewhere by law, is authorized and empowered to:

            (1) Promulgate, amend, revise and rescind department rules respecting the organization and government of the department and the execution and administration of those powers, duties and responsibilities granted and assigned by this chapter and elsewhere by law to the department and the secretary.

            (2) Promulgate, amend, revise and rescind department rules and regulations respecting qualifications for receiving the different classes of welfare assistance consistent with or permitted by federal laws, rules and policies, but not inconsistent with state law: Provided, That such rules and policies respecting qualifications shall permit the expenditure of state funds to pay for care rendered in any birthing center licensed under the provisions of article two-e, chapter sixteen of this code by a licensed nurse midwife or midwife as this occupation is defined in section one, article fifteen, chapter thirty of this code and which care is within the scope of duties for such licensed nurse midwife or midwife as permitted by the provisions of section seven of said article.

            (3) Obtain by purchase or lease such grounds, buildings, office or other space, equipment, facilities and services as may be necessary for the execution and administration of those powers, duties and responsibilities granted and assigned by this chapter and elsewhere by law to the department and the secretary.

            (4) Sign and execute in the name of the state by the State Department of Health and Human Resources any contract or agreement with the federal government or its agencies, other states, political subdivisions of this state, corporations, associations, partnerships or individuals: Provided, That the provisions of article three, chapter five-a are followed.

            (5) Sign and execute a contract to implement professional health care, managed care, actuarial and health care-related monitoring, quality review/utilization, claims processing and independent professional consultant contracts for the Medicaid program: Provided, That the provisions of article three, chapter five-a are followed: Provided, however, That a contract awarded under the agency purchasing process from April 1, 2009 to January 2, 2013 remains in full force and effect and the secretary sole retains authority to review, approve and issue changes to contracts issued under the former purchasing process, and is responsible for challenges, disputes, protests, and legal actions related to such contracts.

            (5) (6) Establish such special funds as may be required by the federal Social Security Act, as amended, or by any other Act or Acts of Congress, in order for this state to take full advantage of the benefits and provisions thereof relating to the federal-state assistance and federal assistance programs administered by the department and to make payments into and disbursements out of any such special fund or funds in accordance with the requirements of the federal Social Security Act, as amended, or any other Act or Acts of Congress, and in accordance with applicable state law and the objects and purposes of this chapter. In addition, the State Department of Health and Human Resources, through the secretary, is hereby authorized to accept any and all gifts or grants, whether in money, land, services or materials, which gift or gifts, if in the form of moneys, shall be placed in a separate fund and expended solely for the purpose of public assistance programs. No part of this special fund shall revert to the General Revenue Funds of this state. No expenses incurred pursuant to this special fund shall be a charge against the General Funds of this state.

            (6) (7) Establish within the department an Office of Inspector General for the purpose of conducting and supervising investigations and for the purpose of providing quality control for the programs of the department. The Office of Inspector General shall be headed by the Inspector General who shall report directly to the secretary. Neither the secretary nor any employee of the department may prevent, inhibit or prohibit the Inspector General or his or her employees from initiating, carrying out or completing any investigation, quality control review or other activity oversight of public integrity by the Office of the Inspector General. The secretary shall place within the Office of Inspector General any function he or she deems necessary. Qualification, compensation and personnel practice relating to the employees of the Office of the Inspector General, including that of the position of Inspector General, shall be governed by the classified service provisions of article six, chapter twenty-nine of this code and rules promulgated thereunder. The Inspector General shall supervise all personnel of the Office of Inspector General.

            (7) (8) Provide at department expense a program of continuing professional, technical and specialized instruction for the personnel of the department.

            (8) (9) Pay from available funds all or part of the reasonable expenses incurred by a person newly employed by the department in moving his household furniture, effects and immediate family from his or her place of residence in this state to his or her place of employment in this state; and to pay from available funds all or part of the reasonable expenses incurred by a department employee in moving his or her household furniture, effects and immediate family as a result of a reassignment of the employee which is considered desirable, advantageous to and in the best interests of the state, but no part of the moving expenses of any one such employee shall be paid more frequently than once in twelve months or for any movement other than from one place of employment in this state to another place of employment in this state.

            (9) (10) Establish a program to provide reimbursement to employees of the department whose items of personal property, as defined by the department by policy, are damaged during the course of employment or other work-related activity as a result of aggressive behavior by a client or patient receiving services from the department: Provided, That such reimbursement is limited to a maximum amount of $250.00 per claim.

            (10) (11) Establish and maintain such institutions as are necessary for the temporary care, maintenance and training of children and other persons.

            (11) (12) Prepare and submit state plans which will meet the requirements of federal laws, rules governing federal-state assistance and federal assistance and which are not inconsistent with state law.

            (12) (13) Organize within the department a Board of Review, consisting of a Chairman appointed by the secretary and as many assistants or employees of the department as may be determined by the secretary and as may be required by federal laws and rules respecting state assistance, federal-state assistance and federal assistance, such Board of Review to have such powers of a review nature and such additional powers as may be granted to it by the secretary and as may be required by federal laws and rules respecting federal-state assistance and federal assistance.

            (13) (14) Provide by rules such review and appeal procedures within the Department of Health and Human Resources as may be required by applicable federal laws and rules respecting state assistance, federal-state assistance and federal assistance and as will provide applicants for, and recipients of all, classes of welfare assistance an opportunity to be heard by the board of Review, a member thereof, or individuals designated by the board, upon claims involving denial, reduction, closure, delay or other action or inaction pertaining to public assistance.

            (14) (15) Provide by rules, consistent with requirements of applicable federal laws and rules, application forms and application procedures for the various classes of public assistance.

            (15) (16) Provide locations for making applications for the various classes of public assistance.

            (16) (17) Provide a citizen or group of citizens an opportunity to file objections and to be heard upon objections to the grant of any class of public assistance.

            (17) (18) Delegate to the personnel of the department all powers and duties vested in the secretary, except the power and authority to sign contracts and agreements.

            (18) (19) Make such reports in such form and containing such information as may be required by applicable federal laws and rules respecting federal-state assistance and federal assistance.

            (19) (20) Invoke any legal, equitable or special remedies for the enforcement of the provisions of this chapter.”

            The bill was then ordered ordered to third reading.

            Com. Sub. for S. B. 195, Removing tax rate expiration date on eligible acute care hospitals; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 200, Relating to Eyewitness Identification Act; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page fourteen, section three, line four, by striking out the word “section” and inserting in lieu thereof, the word “article”.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 202, Creating WV Spay Neuter Assistance Program and Fund; 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 two, line three, following the words “Assistance Fund”, by striking out the period and inserting the words “and administered by the Commissioner of Agriculture”, followed by a period.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 243, Authorizing DEP 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, amending the bill on page four, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof, the following language:

ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF ENVIRONMENTAL PROTECTION TO PROMULGATE LEGISLATIVE RULES.

§64-3-1. Department of Environmental Protection.

            (a) The legislative rule filed in the State Register on August 30, 2012, authorized under the authority of section twenty-nine, article fifteen-a, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 13, 2012, relating to the Department of Environmental Protection (covered electronic devices recycling, 33 CSR 12), is authorized with the following amendment:

            On page two, paragraph 4.1.b.1., by striking out all of paragraph 4.1.b.1. and inserting in lieu thereof a new paragraph 4.1.b.1., to read as follows:

            4.1.b.1. Within one year after the effective date of this rule, receiving, storage, operations and shipping areas must be under a roof or in an enclosed area sufficient to prevent stormwater contamination.

            (b) The legislative rule filed in the State Register on August 24, 2012, authorized under the authority of section seventeen, article eighteen, chapter twenty-two of this code, relating to the Department of Environmental Protection (hazardous waste administrative proceedings and civil penalty assessment, 33 CSR 27), is authorized.

            (c) The legislative rule filed in the State Register on September 4, 2012, authorized under the authority of section six, article six-a, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on February 14, 2013, relating to the Department of Environmental Protection (horizontal well development, 35 CSR 8), is authorized with the following amendments:

            On page two, after subsection 2.12., by inserting a new subsection 2.13. to read as follows:

            2.13. “Health care professional” means a physician, physician assistant, nurse practitioner, registered nurse, or emergency medical technician licensed by the State of West Virginia.

            And renumbering the remaining subsections;

            And,

            On page ten, Section 5.6.e., line 1 and 2, by deleting the sentence that reads, “A copy of the approved Water Management Plan shall be available upon request.” and inserting in lieu there of the following:

            “A copy of the approved Water Management Plan shall be maintained on site at the water withdraw location(s) and available for inspection upon request by employees and agents of he State and the general public.”

            And,

            On page ten, subsection 5.7.a, line 5, following the words “is sought,” by inserting the words “the MSDS Sheet, and”

            And,

            On page 10, subsection 5.7.1, line 12, following the words “emergency services.” by inserting the following:

            “The operator shall also provide the Well Site Safety Plan to the surface owner and any water purveyor or surface owner subject to notice and water testing as provided in subsection 15 of this rule.

            And,

            On page 19, Section 9.1.b.2, line 3, following the words “will be utilized” by striking out the period and inserting a comma and the following:

            “and the telephone number for the Department of Environmental Protection.”

            And,

            On page 24, by striking out all of subsection 10.1. and inserting in lieu thereof a new subsection 10.1. to read as follows:

            10.1. Well Records Made During Permitted Work - The well operator or its contractor (service provider, drilling contractor or other contractor, as appropriate) shall keep at the well location a copy of the application as permitted, including the associated plat and plans required by section 5 of this rule. The well operator or its contractor (service provider, drilling contractor or other contractor, as appropriate) shall also make and preserve at the well location accurate records of all well work performed pursuant to the permit, including documentation by the contractor or person performing the cementing services of the time of completion of cementing and the volume of cement used for the cementing of all casing operations. The records shall be complete enough to support, as applicable, the entries of well work done and related data on Form WR-35, “Well Operator’s Report of Well Work”, Form WR-36, “Well Operator’s Report of Initial Gas-Oil Ratio Test”, and Form WR-38, “Affidavit of Plugging and Filling Well”, but these forms shall reflect information discovered or changes made after the permitted well work has been finished and before the reports are filed. The records made and preserved at the well location and the recordings made on Form WR-35 shall include, but not be limited to, indications of caverns, open mines or other voids, whether the freshwater casing cement circulated to the surface, and the efforts made to fill the annular space and the results. Unless the records of well work performed are prepared by the well operator or owner, a copy of all the records shall be delivered to the well owner or operator, except for those records the contractor (service provider, drilling contractor or other contractor, as appropriate) designates as a confidential trade secret.

            10.1.a. As part of the well completion report (Form WR-35), the operator or its service provider shall list all the additives used in the hydraulic fracturing or stimulation process, including each additive’s specific trade name, supplier, and purpose. The operator or its service provider shall also list each chemical of each additive intentionally added to a base fluid for the purpose of preparing a fracturing fluid, along with each chemical’s CAS registry number, if applicable, its maximum concentration in the additive, and its maximum concentration as added to the base fluid, and the volume of the base fluid used. The concentrations shall be expressed as a mass percent. The operator or service provider may designate the information regarding the specific identity or concentration or both of a chemical as a confidential trade secret not to be disclosed to the agency or anyone else except in the event of an investigation by the office, medical emergency, or for diagnostic or treatment purposes involving the designated chemical, pursuant to subdivisions 10.1.d. and 10.1.e. below.

            10.1.b. The operator or service provider shall fulfill the additive reporting requirement of subdivision 10.1.a. above by submitting the information to the office and the FracFocus Chemical Disclosure Registry.

            10.1.c. As part of the well completion report (Form WR-35), the operator shall report the volumes of fluids pumped and treatment pressures recorded throughout the hydraulic fracturing process.

            10.1.d. In the event of an investigation by the office involving a chemical designated as a confidential trade secret, the operator or service provider shall provide the specific identity of the chemical, the concentration of the chemical, or both the specific identity and concentration of the chemical, as needed, to the agency upon receipt of notification from the chief or his or her designee stating that such information is necessary in connection with an investigation by the office. Upon receipt of such notification of need, such information shall be disclosed by the operator or service provider, as applicable, directly to the chief or his or her designee and shall in no way be construed as publicly available. The chief or designee may disclose information regarding the specific identity of a chemical, the concentration of a chemical, or both the specific identity and concentration of a chemical claimed to be a confidential trade secret to additional agency staff members to the extent that such disclosure is necessary to allow the agency staff member receiving the information to assist in such an investigation by the office, provided that such individuals shall not disseminate the information further and such information shall at all times be considered confidential and shall not be construed as publicly available. Upon request by the operator or service provider, and where a notification of need is provided orally, the chief shall execute a written statement of need indicating that the information was necessary in connection with an investigation by the office.

            10.1.e. In the event of a medical emergency or for purposes of diagnosis of a patient who has been exposed, or may have been exposed, to a chemical used at a well drilling operation, the operator or service provider shall provide the contents of the chemicals used at the well site. A health care professional shall only use the information provided by the operator or service provider for diagnosis or treatment of an individual, and the operator or service provider may provide notice to the health care professional at the time of release of information, that the information provided is solely for diagnosis or treatment of the individual, that the information may be a trade secret, and that disclosure to others for any other purpose may subject that health care professional or the other persons so disclosed, to legal action by the operator or service provider for violation the operator or service provider’s trade secret.”

            And,

            On page thirty, by striking out all of subsection 13.5.”

            (d) The legislative rule filed in the State Register on August 15, 2012, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (permits for construction and major modification of major stationary sources for the prevention of significant deterioration of air quality, 45 CSR 14), is authorized.

            (e) The legislative rule filed in the State Register on August 14, 2012, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (standards of performance for new stationary sources, 45 CSR 16), is authorized.

            (f) The legislative rule filed in the State Register on August 15, 2012, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (control of air pollution from combustion of solid waste, 45 CSR 18), is authorized.

            (g) The legislative rule filed in the State Register on August 15, 2012, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (control of air pollution from hazardous waste treatment, storage or disposal facilities, 45 CSR 25), is authorized.

            (h) The legislative rule filed in the State Register on August 15, 2012, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (requirements for operating permits, 45 CSR 30), is authorized.

            (i) The legislative rule filed in the State Register on August 15, 2012, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (emission standards for hazardous air pollutants, 45 CSR 34), is authorized.

            (j) The legislative rule filed in the State Register on August 30, 2012, authorized under the authority of section ten, article eleven, chapter twenty-two of this code, relating to the Department of Environmental Protection (water pollution control permit fee schedules, 47 CSR 26), is authorized.

            (k) The legislative rule filed in the State Register on August 28, 2012, authorized under the authority of section four, article eleven, chapter twenty-two of this code, relating to the Department of Environmental Protection (WV/NPDES regulations for coal mining facilities, 47 CSR 30), is authorized.”

            On motion of Delegate Ireland, the Judiciary amendment was amended on page two, section 1, by striking out the words “A copy of the approved Water Management Plan shall be maintained on site at the water withdraw location(s) and available for inspection upon request by employees and agents of he State and the general public” and insert in lieu thereof the words “Signage shall be posted at each water withdraw site that provides how to obtain the Water Management Plan, the phone number of the company conducting the withdraw, the Office’s web site name and phone number, and the permit number.”

            There being no further amendments, the amendment recommended by the Committee on the Judiciary, as amended, was then adopted.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 250, Authorizing Department of Commerce 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 three, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof, the following language:

ARTICLE 10. AUTHORIZATION FOR OF COMMERCE TO PROMULGATE LEGISLATIVE RULES.

§64-10-1. Development Office.

            The legislative rule filed in the Office of the Secretary of State, authorized under the prior enactment of section twenty-a, article thirteen-a, chapter eleven of this code, relating to the Development Office (use of coalbed methane severance tax proceeds, 145 CSR 13), is repealed.

§64-10-2. Broadband Deployment Council.

            The legislative rule filed in the State Register on August 10, 2012, authorized under the authority of section four, article fifteen-c, chapter thirty-one, of this code, modified by the Broadband Deployment Council to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on January 22, 2013, relating to the Broadband Deployment Council (broadband deployment grants programs, 208 CSR 1), is authorized.

§64-10-3. Board of Miners Training, Education and Certification.

            The legislative rule filed in the State Register on August 22, 2012, authorized under the authority of section six, article seven, chapter twenty-two-a, of this code, modified by the Board of Miners Training, Education and Certification to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 17, 2012, relating to the Board of Miners Training, Education and Certification (standards for certification of coal mine electricians, 48 CSR 7), is authorized.

§64-10-4. Division of Natural Resources.

            (a) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section seven, article one, chapter twenty, of this code, relating to the Division of Natural Resources (special boating, 58 CSR 26), is authorized.

            (b) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section twenty-three, article seven, chapter twenty, of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 18, 2012, relating to the Division of Natural Resources (special motorboating, 58 CSR 27), is authorized.

            (c) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section seven, article one, chapter twenty, of this code, relating to the Division of Natural Resources (defining the terms used in all hunting and trapping rules, 58 CSR 46), is authorized.

            (d) The legislative rule filed in the State Register on July 19, 2012, authorized under the authority of section seven, article one, chapter twenty, of this code, relating to the Division of Natural Resources (prohibitions when hunting and trapping, 58 CSR 47), is authorized.

            (e) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section seven, article one, chapter twenty, of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 18, 2012, relating to the Division of Natural Resources (deer hunting, 58 CSR 50), is authorized.

            (f) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section seven, article one, chapter twenty, of this code, relating to the Division of Natural Resources (general trapping, 58 CSR 53), is authorized.

            (g) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section seven, article one, chapter twenty, of this code, relating to the Division of Natural Resources (special waterfowl hunting, 58 CSR 58), is authorized.

            (h) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section seven, article one, chapter twenty, of this code, relating to the Division of Natural Resources (special fishing, 58 CSR 61), is authorized.

            (i) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section seven, article one, chapter twenty, of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 31, 2012, relating to the Division of Natural Resources (falconry, 58 CSR 65), is authorized with the following amendments:

            On page one, subsection 2.8., after the word “Falconiformes” by inserting a comma and the words “the Order Accipitriformes”;

            On page one, after subsection 2.8., by inserting a new subsection 2.9. to read as follows:

            “2.9. “Passage” means a first-year raptor that is no longer dependent upon parental care.”;

            On page three, by striking out all of subsection 4.5. and inserting in lieu thereof a new subsection 4.5. to read as follows:

            “4.5. A permittee may use a falconry to take any bird species for which there is a depredation order in place in 50 CFR at any time in accordance with the conditions of the applicable depredation order. The permittee may not receive any compensation for depredation activities.”;

            On page four, subdivision 5.3.e., after the word “Falconiform” by inserting a comma and the word “Accipitriform”;

            On page six, subdivision 7.2.a., by striking out the word “Alymeri” and inserting in lieu thereof the word “Aylmeri”;

            On page eight, by striking out all of subsection 10.1. and inserting in lieu thereof a new subsection 10.1. to read as follows:

            “10.1. A raptor taken, possessed, transported or used for falconry purposes shall be marked with: a seamless, numbered band issued by the Division for captive-bred birds or a U. S. Fish and Wildlife Service permanent, non-reusable numbered band issued by the Division for birds originating from the wild. An ISO (International Organization for Standardization)-compliant (134.2 kHz) microchip may be implanted in addition to the band.”;

            On page eight, by striking out all of subsection 10.3. and inserting in lieu thereof a new subsection 10.3. to read as follows:

            “10.3. A permittee must report the loss or removal of any band within five (5) days by filing a Federal form 3-186A either electronically or in paper form. Lost bands must be replaced by a permanent, nonreusable numbered band supplied by the division. Upon remarking the raptor, the permittee shall immediately complete and submit a Federal form 3-186A either electronically or on paper reporting the new band.”;

            On page nine, by striking out all of subsection 10.6. and inserting in lieu thereof a new subsection 10.6. to read as follows:

            “10.6. A permittee shall remove and surrender to the division any markers from an intentionally released raptor which is indigenous to the state. A standard Federal band may be attached to the birds at the discretion of the division prior to release.”;

            On page nine, subsection 11.1., by striking out the words “both the division and the U. S. Fish and Wildlife Service Regional Law-Enforcement office” and inserting in lieu thereof the words “the division”;

            And,

            On page nine, by striking out all of subsection 11.3. and inserting in lieu thereof a new subsection 11.3. to read as follows:

            “11.3. Resident General or Master Falconers may take from the wild any species of Falconiform, Accipitriform or Strigiform in West Virginia except: eagles; peregrine falcon (Falco peregrines); Northern harrier (Circus cyaneus); northern goshawk (Accipiter gentilis); American rough-legged hawk (Buteo lagopus); barn owl (Tyto alba); long-eared owl (Asio otus); short-eared owl (Asio flammeus); saw-whet owl (Aegolius acadicus); merlin (Falco columbaris) eyases; and sharp-shinned hawk (Accipiter straitus) eyases.”

§64-10-5. Division of Labor.

            (a) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section fifteen, article one-a, chapter forty-seven, of this code, modified by the Division of Labor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 21, 2012, relating to the Division of Labor (bedding and upholstered furniture, 42 CSR 12), is authorized with the following amendment:

            On page two, following subsection 3.6, by striking subsection 3.7 and renumbering the remaining subsections;

            On page two, subsection 3.9, line two, following the word “manufacturing” and the comma, by striking the word “importing” and the comma;

            On page three, subsection 5.1, line one, following the word “manufacturing” and the comma, by striking the word “importing” and the comma;

            On page three, subsection 5.1, line three, following the word “manufacturer” and the comma, by striking the word “importer” and the comma;

            On page three, subsection 6.1, line one, following the word “manufacturer” and the comma, by striking the word “importer” and the comma;

            On page three, subsection 6.2, line one, following the word “manufacturer”, by striking the words “or importer”;

            One page five, subsection 9.3, line one, following the word “manufacturer” and the comma, by striking the word “importer” and the comma;

            On page five, subdivision 10.1.1, following the word “manufacturer”, by striking the words “or importer”;

            On page ten, appendix C, line sixteen, by striking out the misspelled word “ADRESS” and inserting the in lieu thereof, the word “ADDRESS”;

            On page eleven, appendix D, line twenty, by striking out the misspelled word “ADRESS” and inserting the in lieu thereof, the word “ADDRESS”;

            On page fourteen, appendix G, line fourteen, by striking out the misspelled word “ADRESS” and inserting the in lieu thereof, the word “ADDRESS”;

            And,

            On page fifteen, appendix H, line thirteen, by striking out the misspelled word “ADRESS” and inserting the in lieu thereof, the word “ADDRESS”;.

            (b) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section three, article ten, chapter twenty-one, of this code, modified by the Division of Labor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 21, 2012, relating to the Division of Labor (Amusement Rides and Amusement Attractions Safety Act, 42 CSR 17), is authorized with the following amendments:

            On pages three and four, by re-designating subdivisions 4.1.1., 4.1.2., 4.1.3., 4.1.4., 4.1.5., 4.1.6., 4.1.7., 4.1.8., 4.1.9., 4.1.10. and 4.1.11., as 4.1.a., 4.1.b., 4.1.c., 4.1.d., 4.1.e., 4.1.f., 4.1.g., 4.1.h., 4.1.i., 4.1.j. and 4.1.k.;

            On page seven, subdivision 9.2.b., line two, after the word “has”, by striking out the word “of”;

            On page eight, subdivision 10.2.a., line two, after the word “has”, by striking out the word “of”;

            On page eleven, subsection 17.4, line two, following the words “report of the”, by inserting the word “serious”;

            On page eleven, subsection 17.5, line one, following the words “document the”, by striking the word “accident” and inserting in lieu thereof the words “serious injury or fatality”;

            On page eleven, subsection 18.1, line two, following the words “required by”, by striking the words “this section of the rule” and inserting in lieu thereof the words “sections 15 or 17 of this rule";

            On page eleven, subsection 18.1, line three, following the word “cessation” and the comma, by striking the words “imminent danger notification” and the comma;

            On page twelve, subsection 19.4, line three, following the word “operation”, by striking the words “is prohibited” and inserting a colon;

            On page twelve, by re-designating subdivisions 19.4.1 and 19.4.2 as 19.4.a. and 19.4.b.;

            And,

            On page twelve, by re-designating paragraphs 19.4.2.1., 19.4.2.2., 19.4.2.3., 19.4.2.4., 19.4.2.5., 19.4.2.6. as 19.4.b.1., 19.4.b.2., 19.4.b.3., 19.4.b.4., 19.4.b.5., 19.4.b.6.

            (c) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section eleven, article three-c, chapter twenty-one, of this code, modified by the Division of Labor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 21, 2012, relating to the Division of Labor (supervision of elevator mechanics and apprentices, 42 CSR 21A), is authorized, with the following amendments:

            On page two, subsection 5.1., by un-striking the word “may” and striking out the word “shall”;

            On page two, subsection 5.2., by un-striking the word “may” and striking out the word “shall”;

            And,

            On page six, subsection 9.2, line two, after the word “with”, by striking out the word “the”.

             (d) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section three, article three-d, chapter twenty-one, of this code, modified by the Division of Labor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 21, 2012, relating to the Division of Labor (Crane Operator Certification Act, 42 CSR 24), is authorized with the following amendments:

            On page two, subsection 3.5, line four, following the word “November”, by striking “10" and inserting in lieu thereof “14”.

            (e) The legislative rule filed in the State Register on August 21, 2012, authorized under the authority of section three, article three-d, chapter twenty-one, of this code, relating to the Division of Labor (Crane Operator Certification Act - practical examination, 42 CSR 25), is authorized with the following amendment:

            On page two, subsection 3.5, line five, following the word “November”, by striking “10" and inserting in lieu thereof “14”;

            And,

            On page three, line fifteen, after the stricken subdivision designation 4.5.d., by inserting the subdivision designation 4.4.d..”

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 265, Authorizing DHHR 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, amending the bill on page three, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:

ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND HUMAN RESOURCES TO PROMULGATE LEGISLATIVE RULES.

§64-5-1. Bureau for Public Health.

            (a) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section four, article one, chapter sixteen, of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on January 10, 2013, relating to the Department of Health and Human Resources (reportable diseases, events and conditions, 64 CSR 7), is authorized with the following amendments:

            On page twenty-four, subsection 9.1., by striking out the words “the reporting” and inserting in lieu thereof the words “the access”;

            On page twenty-five, subsection 9.2., by striking out the words “be reported” and inserting in lieu thereof the words “be made available”;

            On page twenty-five, subsection 9.2., by striking out the words “the reporting” and inserting in lieu thereof the words “the access”;

            On page twenty-five, subsection 9.2., after the word “activities” by inserting the following: “consistent with the mission of the bureau. The responsibility for communication with healthcare facilities regarding data collection, data quality and completeness rests with the Office of Epidemiology and Prevention Services within the Bureau for Public Health”;

            And,

            On page twenty-five, by striking out all of subsection 9.3. and renumbering the remaining subsection.

            (b) The legislative rule filed in the State Register on June 29, 2012, authorized under the authority of section four, article one, chapter sixteen, of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 15, 2012, relating to the Department of Health and Human Resources (general sanitation, 64 CSR 18), is authorized with the following amendment:

            On page three, subdivision 2.13, by removing the period and inserting the following, “Bed and Breakfast Inn.”

            (c) The legislative rule filed in the State Register on August 27, 2012, authorized under the authority of section five, article seven, chapter sixteen, of this code, relating to the Department of Health and Human Resources (Grade A pasturized milk, 64 CSR 34), is authorized with the following amendment:

            On page four, subdivision 2.1.i.1, by striking everything after the word “sold” and inserting in lieu thereof the following: “Unpasteurized milk produced in West Virginia may be sold, provided that said unpasteurized milk is conspicuously labeled as ‘Unpasteurized Raw WV Milk’.”

            (d) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section one, article eleven, chapter sixteen, of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review committee and refiled in the State Register on January 10, 2013, relating to the Department of Health and Human Resources (fees for services, 64 CSR 51), is authorized with the following amendment:

            On page eleven, subdivision 9.7, after the word “emergency”, by inserting a period and removing the underscored words “or as a relevant factor associated with the provision of services and may include but is not limited to, supply shortages, federal or other funding restrictions of policy changes impacting the ability to provide services”.

            (e) The legislative rule filed in the State Register on October 11, 2012, authorized under the authority of section four, article one, chapter sixteen, of this code, relating to the Department of Health and Human Resources (regulation of opioid treatment programs, 64 CSR 90), is repealed.

            (f) The legislative rule filed in the State Register on August 27, 2012, authorized under the authority of section four, article one, chapter sixteen, of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on January 10, 2013, relating to the Department of Health and Human Resources (pulse oximetry newborn testing, 64 CSR 100), is authorized with the following amendment:

            On page two, subdivision 5.3, by striking out the words “the closest” and inserting in lieu thereof the word “an”.

§64-5-2. Department of Health and Human Resources.

            (a) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section one, article eleven, chapter sixteen, of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on February 5, 2013, relating to the Department of Health and Human Resources (regulation of opioid treatment programs, 69 CSR 7), is authorized with the following amendment:

            On page fourteen by striking section 7.3 and inserting a new section 7.3 to read as follows:

“7.3. License Fees and Inspection Costs.

            7.3.a. All applications for an initial or renewed license shall be accompanied by a non-refundable license fee in the amount required by this rule. The annual renewal fee is based upon the average daily total census of the program. In addition to the set fee, the annual renewal fee shall be adjusted on the first day of June of each year to correspond with increases in the consumer price index. The base amounts for initial and renewal fees are as follows:

                        7.3.a.1. Initial license fee - $250;

                        7.3.a.2. Renewal fee - fewer than 500 patients - $500 plus adjustment;

                        7.3.a.3. Renewal fee - 500 to 1,000 patients - $1,000 plus adjustment; 

            7.3.a.4. Renewal fee - more than 1,000 patients - $1,500 plus adjustment.

            7.3.b. An opioid treatment program shall pay for the cost of the initial inspection made by the secretary prior to issuing a license. The cost of the initial inspection is $400, and shall be billed to the applicant by the secretary within five business days after the inspection. The cost of the initial inspection must be paid in full by the applicant before a license may be issued.

            7.3c. The Office of Health Facility Licensure and Certification shall use the fee for increased oversight on opioid treatment programs.”;

            On page thirty-two by inserting a new subdivision 18.3.j. to read as follows:

            “18.3.j. There shall be one (1) counselor for every forty (40) clients in the program.”;

            On page fifty-three by striking section 30.8 and inserting a new section 30.8 to read as follows:

            “30.8. Each opioid treatment program must provide counseling on preventing exposure to, and the transmission of, human immunodeficiency virus (HIV) disease and Hepatitis C disease for each patient admitted or re-admitted to maintenance or detoxification treatment. Services rendered to patients with HIV disease shall comply with the requirements of section 44 of this rule.”;

            On page fifty-four by striking subdivision 31.4.a and inserting a new subdivision 31.4.a to read as follows:

            “31.4.a. Preventing exposure to, and the transmission of, HIV disease and Hepatitis C disease for each patient admitted or readmitted to maintenance or detoxification treatment; and”;

            On page fifty-six by striking subdivision 32.2.a and inserting a new subdivision 32.2.a to read as follows:

            “32.2.a. The initial post-admission assessment shall consist of a comprehensive medical evaluation, which shall include, but not be limited to:

                        32.2.a.1. A comprehensive physical evaluation;

                        32.2.a.2. A comprehensive psychiatric evaluation, including mental status examination and psychiatric history;

                        32.2.a.3. A personal and family medical history;

                        32.2.a.4. A comprehensive history of substance abuse, both personal and family;

                        32.2.a.5. A tuberculosis skin test and chest X-ray, if skin test is positive;

                        32.2.a.6. A screening test for syphilis;

32.2.a.7. A Hepatitis C test;

32.2.a.8. An HIV test; and

                        32.2.a.9. Other tests as necessary or appropriate (e.g., CBC, EKG, chest X-ray, pap smear, hepatitis B surface antigen and hepatitis B antibody testing).”;

            On page seventy by striking section 37.14 and inserting a new section 37.14 to read as follows:

            “37.14 The state authority may approve exceptional unsupervised-medication dosages, including alternative medications, on a case-by-case basis upon application for an exemption by the program physician. Any authorization for exceptions shall be consistent with guidelines and protocols of approved authorities, provided that the authority may not grant any exceptions during a calendar month which exceed three (3) exceptions or ten (10) percent of the number of patients enrolled in the program on the last day of the previous month, whichever is greater.”;

            On page seventy-three by inserting a new subdivision 38.14 to read as follows:

            “38.14 Maintenance treatment shall be discontinued within two (2) continuous years after the treatment is begun unless, based upon the clinical judgement of the medical director or program physician and staff which shall be recorded in the client's record by the medical director or program physician, the client's status indicates that the treatment should be continued for a longer period of time because discontinuance from treatment would lead to a return to illicit opiate abuse or dependence.”;

            On page seventy-five by striking subdivision 41.2.d.3 and inserting a new subdivision 41.2.d.3 to read as follows:

            “41.2.d.3. When using urine as a screening mechanism, all patient drug testing shall be observed to minimize the chance of adulterating or substituting another individual’s urine.”;

            And,

            On page eighty-one by striking subdivision 44.5.d.1. and inserting a new subdivision 44.5.d.1. to read as follows:

            “44.5.d.1. Maintenance treatment dosage levels of pregnant clients shall be maintained at the lowest possible dosage level.”

            (b) The legislative rule filed in the State Register on January 7, 2013, authorized under the authority of section nine, article five-h, chapter sixteen, of this code, relating to the Department of Health and Human Resources (chronic pain management clinic licensure, 69 CSR 8), is authorized with the following amendments:

            On page one, subsection 1.4, line eleven, following the number “2013.”, by inserting the following words:

            “This rule is effective upon the date specified in an emergency rule promulgated by the Department of Health and Human Resources as being the date funding for implementation of Chronic Pain Management Clinic Licensure will become available pursuant to a duly enacted appropriation bill authorizing the expenditure of funds for that purpose.”;

            On page four, subsection 3.1., by striking out all of subdivisions 3.1.a., 3.1.b., 3.1.c. and 3.1.d. and inserting in lieu thereof the following:

            3.1.a. The primary component of the medical practice of the clinic, facility or office is treatment of chronic pain for non-malignant conditions;

            3.1.b. More than fifty percent of patients in any one month of the prescribers are provided treatment for chronic pain for nonmalignant conditions and are prescribed, administered or dispensed tramadol, carisoprodol, opioid drug products or other Schedule II or Schedule III controlled substances for such diagnosis;

            3.1.c. The calculation of more than fifty percent of patients will be calculated by dividing the number of unique patient encounters at the clinic, facility or office during any one month for a diagnosis of chronic nonmalignant pain and pursuant to such diagnosis of chronic nonmalignant pain were prescribed, administered or dispensed tramadol, carisoprodol, opioid drugs or other Scheduled II or Scheduled III controlled substances by the total number of all patient encounters at the clinic, facility or office during any month; and

            3.1.d. Patients receiving tramadol, carisoprodol, opioid drug products or other Schedule II or Schedule III controlled substances for treatment of an injury or illness that lasts or is expected to last thirty days or less shall not be included in the calculation of more than fifty percent of all patients.” and renumbering the remaining subdivisions;

            On page five, by inserting a new paragraph, 3.2.i.2., to read as follows:

            “3.2.i.2. Medical practices, clinics or offices in which a physician treats an average of 20 or fewer patients a day during any month and with any diagnosis and, in which the physician holds a Competency Certification in Controlled Substances Management.”;

            And,

            On page thirteen, subparagraph 6.5.b.2.B., after the words “Osteopathic Specialist;” by inserting the words “hold Competency Certification in Controlled Substances Management;”.

            (c) The legislative rule filed in the State Register on August 30, 2012, authorized under the authority of section four, article two-b, chapter forty-nine, of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on January 15, 2013, relating to the Department of Health and Human Resources (minimum licensing requirements for residential child care and treatment facilities for children and transitioning adults in West Virginia, 78 CSR 3), is authorized, with the following amendment:

            On page fifty-two, paragraph 11.2.a.3., line five, by striking out the word “Training” and inserting the word “Certification”.

§64-5-3. Health Care Authority.

            The legislative rule filed in the State Register on May 14, 2012, authorized under the authority of section seven, article twenty-nine-g, chapter sixteen, of this code, modified by the Health Care Authority to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on July 19, 2012, relating to the Health Care Authority to promulgate a legislative rule relating to (West Virginia Health Information Network, 65 CSR 28), is authorized.

§64-5-4. Bureau of Senior Services.

            The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section fifteen, article five-p, chapter sixteen, of this code, modified by the Bureau of Senior Services to meet the objections of the Legislative Rule-making Review Committee and refiled in the State Register on January 17, 2013, relating to the Bureau of Senior Services (in-home care worker registry, 76 CSR 2), is authorized with the following amendment:

            On page two, subdivision 4.1(i), by striking out the word “training” and inserting the word “certification”.

            Delegate Lane moved to amend the amendment on page four, section one, following line one, by inserting the following:

            “(f) The interpretative rule filed in the State Register on February 10, 2011, reciting therein that it is authorized under the authority of section nine, article sixteen, chapter five, sections four and five, article three, and section one, article four chapter sixteen of this code, relating to the Department of Health and Human Resources (immunizations requirements for new school enterers, 64 CSR95) is hereby determined by the Legislature to exceed the limits of the authority of the Department of Health and Human Resources to exercise rule making power to promulgate procedural or interpretative rules, and contains provisions that may only be promulgated as a legislative rule that is subject to the provisions of article three, chapter twenty-nine-a of this code and as such, has not been filed as a legislative rule and is therefore not authorized.”

            And,

            By redesignating the remaining subdivision accordingly.

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

            The yeas and nays having been ordered, they were taken (Roll No. 281), and there were--yeas 47, nays 51, absent and not voting 2, with the yeas and absent and not voting being as follows:

            Yeas: Ambler, Anderson, Andes, Armstead, Arvon, Ashley, Azinger, Border, Butler, Cadle, Canterbury, Cooper, Cowles, Ellem, Ellington, Espinosa, D. Evans, Faircloth, Ferns, Folk, Frich, Gearheart, Hamilton, Hamrick, Householder, Howell, Hunt, Ireland, Kump, Lane, Lawrence, Lynch, McCuskey, Miller, E. Nelson, O’Neal, Overington, Pasdon, Raines, Romine, Rowan, Shott, R. Smith, Sobonya, Storch, Sumner and Westfall.

            Absent and Not Voting: J. Nelson and Walters.

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

            The amendment, recommended by the Committee on the Judiciary, was then adopted.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 270, Authorizing Department of Revenue 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, 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 7. AUTHORIZATION FOR DEPARTMENT OF REVENUE TO PROMULGATE LEGISLATIVE RULES.

§64-7-1. Insurance Commissioner.

            The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section five, article twenty-five-g, chapter thirty-three, of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 18, 2012, relating to the Insurance Commissioner (provider sponsored networks, 114 CSR 43A), is authorized with the following amendments:

            On page one, subsection 2.1., by striking out “ths” and inserting in lieu thereof the word “this”;

            And,

            On page two, paragraph 4.3.b.1., after the words “financial statements” by adding the words “that reflect positive net worth”.

§64-7-2. Athletic Commission.

            The legislative rule filed in the State Register on August 27, 2012, authorized under the authority of section three-a, article five-a, chapter twenty-nine, of this code, modified by the Athletic Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 18, 2012, relating to the Athletic Commission (mixed martial arts, 177 CSR 2), is authorized with the following amendments:

            On page four, section five, line one, after the number 2500, by inserting a period and striking out the remainder of the sentence;

            On page four, section six, line four, by striking out the dollar amount $35,000 and inserting in lieu thereof, the dollar amount $10,000;

            On page six, section eight, subsection 8.1, line five, by striking out the dollar amount $30,000 and inserting in lieu thereof, the dollar amount $20,000;

            And,

            On page six, section eight, subsection 8.2, line two, by striking out the dollar amount $30,000 and inserting in lieu thereof, the dollar amount $20,000.”.

§64-7-3. Racing Commission.

            (a) The legislative rule filed in the State Register on August 27, 2012, authorized under the authority of section six, article twenty-three, chapter nineteen, of this code, modified by the Racing Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 4, 2012, relating to the Racing Commission (thoroughbred racing, 178 CSR 1), is authorized with the following amendment:

            On page thirty-seven, subdivision 24.1.i, by striking out the word “sixteen (16)” and inserting in lieu thereof the word “eighteen (18)”.

            (b) The legislative rule filed in the State Register on August 27, 2012, authorized under the authority of section six, article twenty-three, chapter nineteen, of this code, relating to the Racing Commission (greyhound racing, 178 CSR 2), is authorized.

            (c) The legislative rule filed in the State Register on August 27, 2012, authorized under the authority of section six, article twenty-three, chapter nineteen, of this code, relating to the Racing Commission (pari-mutuel wagering, 178 CSR 5), is authorized.

§64-7-4. Lottery Commission.

            The legislative rule filed in the State Register on August 10, 2012, authorized under the authority of section five, article twenty-two, chapter twenty-nine, of this code, modified by the Lottery Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 20, 2012, relating to the Lottery Commission (state lottery rules, 179 CSR 1), is authorized.

§64-7-5. State Tax Department.

            The legislative rule filed in the State Register on August 30, 2012, authorized under the authority of section five, article one-c, chapter eleven, of this code, modified by the State Tax Department to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 6, 2012, relating to the State Tax Department (valuation of commercial and industrial real and personal property for ad valorem property tax purposes, 110 CSR 1P), is authorized, with the following amendments:

            On page one, subsection 1.1, beginning on line ten, by striking out subsection 1.1 in its entirety and inserting in lieu thereof the following:

            “1.1 Scope. – These regulations clarify and implement State law as it relates to the appraisal at market value of commercial and industrial real and personal property under W. Va. Code §11-10C-10. Because these regulations provide context modifications of relevant parts of 110 C.S.R. 1 and such regulations with context modifications were adopted by the Tax Commissioner through inclusion in the valuation plan required by W. Va. Code §11-1C-10(e), W. Va. Code §11-1C-5(b) eliminated the requirement that this filing be subject to the proceeding requirements of W. Va. Code §29A-3-1 et seq.”;

            And,

            On page two, subsection 2.14, line twenty-four, following the words “remaining in”, by striking out the words “the landlord” and inserting in lieu thereof the word “one”.”

            On motion of Delegate Espinosa, the amendment was amended on page two, line twenty-four, by striking out the word “amendment” and inserting in lieu thereof the word “amendments” .

            On page three, line one, immediately following the word “eighteen (18)” , by inserting “; and”.

            On page thirty seven, subdivision 24.l.1, following the word “age”, by inserting the following language: “: Provided, except that an occupational permit may be granted at sixteen (16) years of age for the children or grandchildren of licensed permit holders; licensed permit holders being defined for the purposes of this subdivision as owners, breeders, trainers and veterinarians”.

            There being no further amendments, the amendment recommended by the Committee on the Judiciary, as amended, was then adopted.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 281, Authorizing Department of Transportation promulgate legislative rules; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            S. B. 331, Permitting Courthouse Facilities Improvement Authority to issue bonds; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 355, Relating to final wage payment to discharged employees; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk, amending the bill on page two section four, lines fourteen and fifteen, by striking out the words “means a day on which state offices are open for regular business” and the period, and inserting in lieu thereof, the words “means any day other that Saturday, Sunday or any legal holiday as set forth in section one, article two, chapter two of this code” and a period.

            Delegate Storch moved to amend the amendment on page three, line twenty, immediately following the word “mail” and the period, by striking out the remainder of the subsection; which motion did not prevail.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 369, Relating to concealed handgun license reciprocity; on second reading, coming up in regular order, was read a second time.

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

ARTICLE 7. DANGEROUS WEAPONS.

§61-7-6. Exceptions as to prohibitions against carrying concealed handguns; exemptions from licensing fees.

            (a) The licensure provisions set forth in this article do not apply to:

            (1) Any person:

            (A) Carrying a deadly weapon upon his or her own premises; nor shall anything herein prevent a person from

            (B) Carrying any a firearm, unloaded, from the place of purchase to his or her home, residence or place of business or to a place of repair and back to his or her home, residence or place of business; nor shall anything herein prohibit a person or

            (C) from Possessing a firearm while hunting in a lawful manner or while traveling from his or her home, residence or place of business to a hunting site and returning to his or her home, residence or place of business;

            (2) Any person who is a member of a properly organized target-shooting club authorized by law to obtain firearms by purchase or requisition from this state or from the United States for the purpose of target practice from carrying any pistol, as defined in this article, unloaded, from his or her home, residence or place of business to a place of target practice and from any place of target practice back to his or her home, residence or place of business, for using any such weapon at a place of target practice in training and improving his or her skill in the use of the weapons;

            (3) Any law-enforcement officer or law-enforcement official as defined in section one, article twenty-nine, chapter thirty of this code;

            (4) Any employee of the West Virginia Division of Corrections duly appointed pursuant to the provisions of section five eleven-c, article five one, chapter twenty-five twenty-eight of this code while the employee is on duty;

            (5) Any member of the armed forces of the United States or the militia of this state while the member is on duty;

            (6) Any circuit judge, including any retired circuit judge designated senior status by the Supreme Court of Appeals of West Virginia, prosecuting attorney, assistant prosecuting attorney or a duly appointed investigator employed by a prosecuting attorney;

            (7)(6) Any resident of another state who holds a valid permit or license to possess or carry a concealed weapon handgun issued by a state or a political subdivision which has entered into a reciprocity agreement with this state, subject to the provisions and limitations set forth in section six-a of this article;

            (8)(7) Any federal law-enforcement officer or federal police officer authorized to carry a weapon in the performance of the officer’s duty; and

            (9)(8) Any Hatfield-McCoy Regional Recreation Authority Ranger while the ranger is on duty; and

            (9) Any parole officer appointed pursuant to section fourteen article twelve, chapter sixty-two of this code in the performance of their duties.

            (b) On and after July 1, 2013, the following judicial officers and prosecutors and staff shall be exempted from paying any application fees or licensure fees required under this article. However, on and after that same date, they shall be required to make application and satisfy all licensure and handgun safety and training requirements set forth in section four of this article before carrying a concealed handgun in this state:

            (1) Any justice of the Supreme Court of Appeals of West Virginia;

            (2) Any circuit judge;

            (3) Any retired justice or retired circuit judge designated senior status by the Supreme Court of Appeals of West Virginia;

            (4) Any family court judge;

            (5) Any magistrate;

            (6) Any prosecuting attorney;

            (7) Any assistant prosecuting attorney; or

            (8) Any duly appointed investigator employed by a prosecuting attorney.

§61-7-6a. Reciprocity and recognition; out-of-state concealed handgun permits.

            (a) A holder of a valid out-of-state permit or license to possess or carry a concealed handgun as issued by another state with which the State of West Virginia has executed a reciprocity agreement shall be recognized as is valid in this state for the carrying of a concealed handgun, if the following conditions are met:

            (1) The permit or license holder is twenty-one years of age or older;

            (2) The permit or license is in his or her immediate possession;

            (3) The permit or license holder is not a resident of the State of West Virginia; and

            (4) The State of West Virginia has executed a valid and effective reciprocity agreement with the issuing state pertaining to the carrying and verification of concealed handgun licenses and permits issued in the respective states. The Attorney General has been notified by the Governor of the other state that the other state allows residents of West Virginia who are licensed in West Virginia to carry a concealed handgun to carry a concealed handgun in that state or the Attorney General has entered into a written reciprocity agreement with the appropriate official of the other state whereby the state agrees to honor West Virginia concealed handgun licenses in return for same treatment in this state.

            (b) A holder of a valid permit or license from another state who is authorized to carry a concealed handgun in this state pursuant to provisions of this section is subject to the same laws and restrictions with respect to carrying a concealed handgun as a resident of West Virginia who is so permitted, and must carry the concealed handgun in compliance with the laws of this state.

            (c) A license or permit from another state is not valid in this state if the holder is or becomes prohibited by law from possessing a firearm.

            (d) The West Virginia Attorney General shall seek to obtain recognition of West Virginia concealed handgun licenses and enter into and may execute reciprocity agreements on behalf of the State of West Virginia with states which meet the following standards and requirements:

            (1) The standards applied by the other state before issuing a concealed handgun license or permit must be similar to or greater than the standards imposed by this article;

            (2) This state’s law-enforcement officers have continuous access to databases on the criminal information network, 8twenty-four hours per day, seven days per week, to verify the continued validity of any license or permit to carry a concealed handgun that has been granted by the issuing state;

            (3) The other state agrees to grant the right to carry a concealed handgun to residents of West Virginia who have valid concealed handgun permits issued pursuant to this article in their possession while carrying concealed weapons in that state; and

            (4) The states agree to apprise one another of changes in permitting standards and requirements, to provide for a prompt reexamination of whether any adopted change in licensing or permitting standards negates the states’ ability to continue with the reciprocity agreement. for the recognition of concealed handgun permits issued pursuant to this article.

            (e) The West Virginia State Police shall maintain a registry of states with which the State of West Virginia has entered into reciprocity agreements or which recognize West Virginia concealed handgun licenses on the criminal information network and make the registry available to law-enforcement officers for investigative purposes.

            (f) Every twelve months after the effective date of this section, the West Virginia Attorney General shall make written inquiry of the concealed handgun licensing or permitting authorities in each other state as to: (i) Whether a West Virginia resident may carry a concealed handgun in their state based upon having a valid West Virginia concealed handgun permit; and (ii) whether a West Virginia resident may carry a concealed handgun in that state based upon having a valid West Virginia concealed handgun permit, pursuant to the laws of that state or by the execution of a valid reciprocity agreement between the states.

            (g) The West Virginia State Police shall make available to the public a list of states which have entered into reciprocity agreements with the State of West Virginia or that allow residents of West Virginia who are licensed in West Virginia to carry a concealed handgun to carry a concealed handgun in that state.

            Delegate Folk moved to amend the amendment on page three, line seven, immediately following the word “attorney”, by striking out the word “or” and inserting the following new subdivision:

            “(8) Any municipal court judge; or ”.

            And,

By renumbering the remaining subdivisions.

            The question before the House being the amendment offered by Delegate Folk, the same was put and did not prevail.

            The amendment, recommended by the Committee on the Judiciary, was then adopted.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 371, Relating to prison overcrowding; 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 on page ten, after the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

            “That §25-1-15 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §28-5-27 of said code be amended and reenacted; that said code be amended by adding thereto two new sections, designated §31-20-5g and §31-20-5h; that §61-7-6 of said code be amended and reenacted; that §62-11A-1a of said code be amended and reenacted; that §62-11B-9 of said code be amended and reenacted; that §62-11C-2, §62-11C-3 and §62-11C-6 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §62-11C-10; that §62-12-6, §62-12-7, §62-12-9, §62-12-10, §62-12-13, §62-12-14a, §62-12-15, §62-12-17 and §62-12-19 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §62-12-29; that §62-15-2 and §62-15-4 of said code be amended and reenacted; and that said code be amended by adding thereto two new sections, designated §62-15-6a and §62-15-6b, all to read as follows:

CHAPTER 25. DIVISION OF CORRECTIONS.

ARTICLE 1. ORGANIZATION, INSTITUTIONS AND CORRECTIONS MANAGEMENT.

§25-1-15. Diagnostic and classification divisions.

            (a) The Commissioner of Corrections may establish diagnostic and classification divisions.

            (b) Notwithstanding any provision of the this code to the contrary, all persons committed to the custody of the Commissioner of the Division of Corrections for presentence diagnosis and classification and all persons sentenced to the custody of the Division of Corrections shall, upon transfer to the Division of Corrections, undergo diagnosis and classification, which may shall include: (1) Assessments of a person’s criminogenic risk and need factors that are reliable, validated and normed for a specific population and responsive to cultural and gender-specific needs as well as individual learning styles and temperament; (2) application of a mental health preliminary screen; and (3) if the mental health preliminary screen suggests the need for further assessment, a full psychological evaluation. The Division of Corrections shall perform mental health preliminary screens, appraisals and evaluations according to standards provided by the American Correctional Association.

CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.

ARTICLE 5. THE PENITENTIARY.

§28-5-27. Deduction from sentence for good conduct; mandatory supervision.

            (a) All current and future adult inmates now in the custody of the Commissioner of Corrections, or hereafter committed to the custody of the Commissioner of Corrections, except those committed pursuant to article four, chapter twenty-five of this code, shall be granted commutation from their sentences for good conduct in accordance with this section.

            (b) Such The commutation of sentence, hereinafter called known as ‘good time’, shall be deducted from the maximum term of indeterminate sentences or from the fixed term of determinate sentences.

            (c) Each inmate committed to the custody of the Commissioner of Corrections and incarcerated in a correctional facility pursuant to such that commitment shall be granted one day good time for each day he or she is incarcerated, including any and all days in jail awaiting sentence and which is are credited by the sentencing court to his or her sentence pursuant to section twenty-four, article eleven, chapter sixty-one of this code or for any other reason relating to such the commitment. No An inmate may not be granted any good time for time served either on parole or bond or in any other status when he or she is not physically incarcerated.

            (d) No An inmate sentenced to serve a life sentence shall be is not eligible to earn or receive any good time pursuant to this section.

            (e) An inmate under two or more consecutive sentences shall be allowed good time as if the several sentences, when the maximum terms thereof of the consecutive sentences are added together, were all one sentence.

            (f) The Commissioner of Corrections shall promulgate separate disciplinary rules for each institution under his control in which adult felons are incarcerated, which rules. The rules shall describe acts which that inmates are prohibited from committing, procedures for charging individual inmates for violation of such the rules and for determining the guilt or innocence of inmates charged with such the violations and the sanctions which may be imposed for such the violations. A copy of such the rules shall be given to each inmate. For each such violations violation, by an a sanctioned inmate so sanctioned, any part or all of the good time which has been granted to such the inmate pursuant to this section may be forfeited and revoked by the warden or superintendent of the institution in which the violation occurred. The warden or superintendent, when appropriate and with approval of the commissioner, may restore any forfeited good time so forfeited.

            (g) Each inmate, upon his or her commitment to and being received placed into the custody of the Commissioner of the Department of Corrections, or upon his or her return to custody as the result of violation of parole pursuant to section nineteen, article twelve, chapter sixty-two of this code, shall be given a statement setting forth the term or length of his or her sentence or sentences and the time of his or her minimum discharge computed according to this section.

            (h) Each inmate shall be given a revision of the statement described in subsection (g) of this section if and when any part or all of the good time has been forfeited and revoked or restored pursuant to subsection (f) whereby of this section, by which the time of his or her earliest discharge is changed.

            (i) The Commissioner of Corrections may, with the approval of the Governor, allow extra good time for inmates who perform exceptional work or service.

            (j) In order to ensure equitable good time for all current and future inmates now in the custody of the Commissioner of Corrections or hereafter committed to the custody of such commissioner, except as to those persons committed pursuant to article four, chapter twenty-five of this code, all good times time shall be computed according to this section and all previous computations of good time under prior statutes or regulations rules are hereby voided void. All inmates who have previously forfeited good time are hereby restored to good time computed according to this section and all inmates will receive a new discharge date computed according to this section. All inmates that have been awarded overtime good time or extra good time pursuant to sections twenty-seven-a and twenty-seven-b of this article which are were repealed simultaneously with the amendment to this section during the regular session of the Legislature in the year 1984 shall receive such that good time in addition to the good time computed according to this section.

            (k) There shall be no grants or accumulations of good time or credit to any current or future inmate now or hereafter serving a sentence in the custody of the Department Division of Corrections except in the manner provided in this section.

            (l)Prior to the calculated discharge date of an inmate serving a sentence for a felony crime of violence against the person, a felony offense where the victim was a minor child or a felony offense involving the use of a firearm, one year shall be deducted from the inmate’s accumulated good time to provide for one year of mandatory post-release supervision following the first instance in which the inmate reaches his or her calculated discharge date. All inmates released pursuant to this subsection shall be subject to electronic or GPS monitoring for the entire period of supervision. The provisions of this subsection are applicable to offenses committed on or after July 1, 2013.

            (m) Upon sentencing of an inmate for an offense not referenced in subsection (l) of this section, the court may order that one hundred and eighty days of the sentence, or some lesser period, be served through post-release mandatory supervision if the court determines supervision is appropriate and in the best interest of justice, rehabilitation and public safety. All inmates released pursuant to this subsection shall be subject to electronic or GPS monitoring for the entire period of supervision. The provisions of this subsection are applicable to offenses committed on or after July 1, 2013.

            (n) The Commissioner of Corrections shall adopt policies and procedures to implement the mandatory supervision provided for in subsections (l) and (m) of this section, which may include terms, conditions and procedures for supervision, modification and violation applicable to persons on parole.

            (o) As used in this section ‘felony crime of violence against the person’ means felony offenses set forth in articles two, three-e, eight-b or eight-d of chapter sixty-one of this code, and the felony offenses of arson, and burglary of a residence where an individual is physically located at the time of the offense, as set forth in article three of chapter sixty-one of this code.

            (p) As used in this section, ‘felony offense where the victim was a minor child’ means any felony crime of violence against the person and any felony offense set forth in article eight, eight-a, eight-c or eight-d of chapter sixty-one of this code.

CHAPTER 31. CORPORATIONS.

ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY.

§31-20-5g. Pretrial risk assessment.

            (a) Within three calender days of the arrest and placement of any person in a regional jail, the authority shall conduct a pretrial risk assessment using a standardized risk assessment instrument approved and adopted by the Supreme Court of Appeals of West Virginia. The results of all standardized risk and needs assessments are confidential and shall only be provided to the court, court personnel, the prosecuting attorney, defense counsel and the person who is the subject of the pretrial risk assessment. Upon completion of the assessment, the authority shall provide it to the magistrate and circuit clerks for delivery to the appropriate circuit judge or magistrate.

            (b) The pretrial risk assessment and all oral or written statements made by individual during risk assessment shall be inadmissable evidence at any criminal or civil trial.

§31-20-5h. Programs for inmates committed to prison.

            The Division of Corrections may develop and implement a cognitive behavioral program to address the needs of inmates detained in a regional jail, but committed to the custody of the Commissioner of Corrections. The program shall be developed in consultation with the Regional Jail Authority, and may be offered by video teleconference or webinar technology. The costs of the program shall be paid out of funds appropriated to the Division of Corrections. The program shall be covered by the rehabilitation plan policies and procedures adopted by the Division of Corrections under subsection (h), section thirteen, article twelve, chapter sixty-two of this code.

CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

ARTICLE 7. DANGEROUS WEAPONS.

§61-7-6. Exceptions as to prohibitions against carrying concealed deadly weapons.

            The licensure provisions set forth in this article do not apply to:

            (1) Any person carrying a deadly weapon upon his or her own premises; nor shall anything herein in this article prevent a person from carrying any firearm, unloaded, from the place of purchase to his or her home, residence or place of business or to a place of repair and back to his or her home, residence or place of business; nor shall anything herein in this article prohibit a person from possessing a firearm while hunting in a lawful manner or while traveling from his or her home, residence or place of business to a hunting site and returning to his or her home, residence or place of business;

            (2) Any person who is a member of a properly organized target-shooting club authorized by law to obtain firearms by purchase or requisition from this state or from the United States for the purpose of target practice from carrying any pistol, as defined in this article, unloaded, from his or her home, residence or place of business to a place of target practice and from any place of target practice back to his or her home, residence or place of business, for using any such the weapon at a place of target practice in training and improving his or her skill in the use of the weapons;

            (3) Any law-enforcement officer or law-enforcement official as defined in section one, article twenty-nine, chapter thirty of this code;

            (4) Any employee of the West Virginia Division of Corrections duly appointed pursuant to the provisions of section five eleven-c, article five one, chapter twenty-eight twenty-five of this code while the employee is on duty;

            (5) Any member of the armed forces of the United States or the militia of this state while the member is on duty;

            (6) Any circuit judge, including any retired circuit judge designated senior status by the Supreme Court of Appeals of West Virginia, prosecuting attorney, assistant prosecuting attorney or a duly appointed investigator employed by a prosecuting attorney;

            (7) Any resident of another state who holds a valid license to carry a concealed weapon by a state or a political subdivision which has entered into a reciprocity agreement with this state, subject to the provisions and limitations set forth in section six-a of this article;

            (8) Any federal law-enforcement officer or federal police officer authorized to carry a weapon in the performance of the officer’s duty; and

            (9) Any Hatfield-McCoy Regional Recreation Authority ranger while the ranger is on duty; and

            (10) Any parole officer appointed pursuant to section fourteen, article twelve, chapter sixty-two of this code, while the employee is on duty.

CHAPTER 62. CRIMINAL PROCEDURE.

ARTICLE 11A. RELEASE FOR WORK AND OTHER PURPOSES.

§62-11A-1a. Other sentencing alternatives.

            (a) Any person who has been convicted in a circuit court or in a magistrate court under any criminal provision of this code of a misdemeanor or felony, which is punishable by imposition of a fine or confinement in the a regional jail or a state correctional facility institution, or both fine and confinement, may, in the discretion of the sentencing judge or magistrate, as an alternative to the sentence imposed by statute for the crime, be sentenced under one of the following programs:

            (1) The weekend jail program under which persons a person would be required to spend weekends or other days normally off from work in jail;

            (2) The work program under which a sentenced persons person would be required to spend the first two or more days of their his or her sentence in jail and then, in the discretion of the court, would be assigned to a county agency to perform labor within the jail, or in and upon the buildings, grounds, institutions, bridges and roads, including orphaned roads used by the general public and public works within the county. Eight hours of labor are to be credited as one day of the sentence imposed. Persons A person sentenced under this program may be required to provide their his or her own transportation to and from the work site, lunch and work clothes; or

            (3) The community service program under which persons sentenced a sentenced person would spend no time in jail, but would be sentenced to a number of hours or days of community service work with government entities or charitable or nonprofit entities approved by the circuit court. Regarding any portion of the sentence designated as confinement, eight hours of community service work is to be credited as one day of the sentence imposed. Regarding any portion of the sentence designated as a fine, the fine is to be credited at an hourly rate equal to the prevailing federal minimum wage at the time the sentence was imposed. In the discretion of the court, the sentence credits may run concurrently or consecutively. Persons A person sentenced under this program may be required to provide their his or her own transportation to and from the work site, lunch and work clothes.

            (4) A day-reporting center program if the program has been implemented in the sentencing court’s jurisdiction or in the area where the offender resides. For purposes of this subdivision ‘day-reporting center’ means a court-operated or court-approved facility where persons ordered to serve a sentence in this type of facility are required to report under the terms and conditions set by the court for purposes which include, but are not limited to, counseling, employment training, alcohol or drug testing or other medical testing.

            (b) In no event may the duration of the alternate sentence exceed the maximum period of incarceration otherwise allowed.

            (c) In imposing a sentence under the provisions of this section, the court shall first make the following findings of fact and incorporate them into the court's sentencing order:

            (1) The person sentenced was not convicted of an offense for which a mandatory period of confinement is imposed by statute;

            (2) In circuit court cases, that the person sentenced is not a habitual criminal within the meaning of sections eighteen and nineteen, article eleven, chapter sixty-one of this code;

            (3) In circuit court cases, that the offense underlying the sentence is not a felony offense for which violence or the threat of violence to the person is an element of the offense;

            (4) In circuit court cases, that adequate facilities for the administration and supervision of alternative sentencing programs are available through the court's probation officers or the county sheriff or, in magistrate court cases, that adequate facilities for the administration and supervision of alternative sentencing programs are available through the county sheriff; and

            (5) That an alternative sentence under provisions of this article will best serve the interests of justice.

            (d) Persons A person sentenced by the circuit court under the provisions of this article remain remains under the administrative custody and supervision of the court's probation officers or the county sheriff. Persons A person sentenced by a magistrate remain remains under the administrative custody and supervision of the county sheriff.

            (e) Persons A person sentenced under the provisions of this section may be required to pay the costs of their his or her incarceration, including meal costs: Provided, That the judge or magistrate considers the person’s ability to pay the costs.

            (f) Persons A person sentenced under the provisions of this section remain remains under the jurisdiction of the court. The court may withdraw any alternative sentence at any time by order entered with or without notice and require that the remainder of the sentence be served in the county jail, a regional jail or a state correctional facility: Provided, That no alternative sentence directed by the sentencing judge or magistrate or administered under the supervision of the sheriff, his or her deputies, a jailer or a guard may require the convicted person to perform duties which would be considered detrimental to the convicted person's health as attested to by a physician.

            (g) No provision of this section may be construed to limit a circuit judge or magistrate’s judge’s ability to impose a period of supervision or participation in a community corrections program created pursuant to article eleven-c, chapter sixty-two of this code, except that a person sentenced to a day report center must be identified as moderate to high risk of reoffending and moderate to high criminogenic need, as defined by the standardized risk and needs assessment adopted by the Supreme Court of Appeals of West Virginia under subsection (d), section six, article twelve of this chapter, and applied by a probation officer or day report staff: Provided, That a judge may impose a period of supervision or participation in a day report center, notwithstanding the results of the standardized risk and needs assessment, upon making specific written findings of fact as to the reason for departing from the requirements of this section.

            (h) Magistrates may only impose a period of participation in a day report center with the consent by general administrative order of the supervising judge or chief judge of the judicial circuit in which he or she presides. The day report center staff shall determine which services a person receives based on the results of the standardized risk and needs assessment adopted by the Supreme Court of Appeals of West Virginia under subsection (d), section six, article twelve of this chapter, along with any other conditions of supervision set by the court.

ARTICLE 11B. HOME INCARCERATION ACT.

§62-11B-9. Violation of order of home incarceration procedures; penalties.

            (a) If, at any time during the period of home incarceration, there is reasonable cause to believe that a participant in a home incarceration program has violated the terms and conditions of the circuit court's home incarceration order, he or she shall be is subject to the procedures and penalties set forth in section ten, article twelve of this chapter.

            (b) If, at any time during the period of home incarceration, there is reasonable cause to believe that a participant sentenced to home incarceration by the circuit court has violated the terms and conditions of the court's order of home incarceration and said the participant's participation was imposed as an alternative sentence to another form of incarceration, said the participant shall be is subject to the same procedures involving confinement and revocation as would a probationer charged with a violation of the order of home incarceration. Any participant under an order of home incarceration shall be is subject to the same penalty or penalties, upon the circuit court's finding of a violation of the order of home incarceration, as he or she could have received at the initial disposition hearing: Provided, That the participant shall receive credit towards any sentence imposed after a finding of violation for the time spent in home incarceration.

            (c) If, at any time during the period of home incarceration, there is reasonable cause to believe that a participant sentenced to home incarceration by a magistrate has violated the terms and conditions of the magistrate's order of home incarceration as an alternative sentence to incarceration in jail, the supervising authority may arrest the participant upon the obtaining of an order or warrant and take the offender before a magistrate within the county of the offense. The magistrate shall then conduct a prompt and summary hearing on whether the participant's home incarceration should be revoked. If it appears to the satisfaction of the magistrate that any condition of home incarceration has been violated, the magistrate may revoke the home incarceration and order that the sentence of incarceration in jail be executed. Any participant under an order of home incarceration shall be is subject to the same penalty or penalties, upon the magistrate's finding of a violation of the order of home incarceration, as the participant could have received at the initial disposition hearing: Provided, That the participant shall receive credit towards any sentence imposed after a finding of violation for the time spent in home incarceration.

ARTICLE 11C. THE WEST VIRGINIA COMMUNITY CORRECTIONS ACT.

§62-11C-2. Community Corrections Subcommittee.

            (a) A Community Corrections Subcommittee of the Governor's Committee on Crime, Delinquency and Correction is hereby created continued and continues to be assigned responsibility for screening community corrections programs submitted by community criminal justice boards or from other entities authorized by the provisions of this article to do so for approval for funding by the Governor's committee and for making recommendations as to the disbursement of funds for approved community corrections programs. The subcommittee is to shall be comprised of fifteen members of the Governor's committee including: A representative of the Division of Corrections, a representative of the Regional Jail and Correctional Facility Authority, a representative of the Bureau for Behavioral Health and Health Facilities, a person representing the interests of victims of crime, an attorney employed by a public defender corporation, an attorney who practices criminal law, a prosecutor and a representative of the West Virginia Coalition Against Domestic Violence. At the discretion of the West Virginia Supreme Court of Appeals, the Administrator of the Supreme Court of Appeals, a probation officer and a circuit judge may serve on the subcommittee as ex officio, nonvoting members.

            (b) The subcommittee shall elect a chairperson and a vice chairperson. The subcommittee shall meet quarterly. Special meetings may be held upon the call of the chairperson, vice chairperson or a majority of the members of the subcommittee. A majority of the members of the subcommittee constitute constitutes a quorum.

§62-11C-3. Duties of the Governor’s committee and the community corrections subcommittee.

            (a) Upon recommendation of the community corrections subcommittee, the Governor’s committee shall propose for legislative promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code, emergency and legislative rules to:

            (1) Establish standards for approval of community corrections programs submitted by community criminal justice boards or other entities authorized by the provisions of this article to do so;

            (2) Establish minimum standards for community corrections programs to be funded, including requiring annual program evaluations;

            (3) Make any necessary adjustments to the fees established in section four of this article;

            (4) Establish reporting requirements for community corrections programs; and

            (5) Carry out the purpose and intent of this article.

            (b) Upon recommendation of the community corrections subcommittee, the Governor’s committee shall:

            (1) Maintain records of community corrections programs including the corresponding community criminal justice board or other entity contact information and annual program evaluations, when available;

            (2) Seek funding for approved community corrections programs from sources other than the fees collected pursuant to section four of this article; and

            (3) Provide funding for approved community corrections programs, as available.

            (c) The Governor’s committee shall submit, on or before September 30 of each year, to the Governor, the Speaker of the House of Delegates, the President of the Senate and, upon request, to any individual member of the Legislature, a report on its activities during the previous year and an accounting of funds paid into and disbursed from the special revenue account established pursuant to section four of this article.

            (d) The subcommittee shall review the implementation of evidence-based practices and conduct regular assessments for quality assurance of all community-based criminal justice services, including day report centers, probation, parole and home confinement. In consultation with the affected agencies, the subcommittee shall establish a process for reviewing performance. The process shall include review of agency performance measures and identification of new measures by the subcommittee, if necessary, for measuring the implementation of evidence-based practices or for quality assurance. After providing an opportunity for the affected agencies to comment, the subcommittee shall submit, on or before September 30 of each year, to the Governor, the Speaker of the House of Delegates, the President of the Senate and, upon request, to any individual member of the Legislature, a report on its activities and results from assessments of performance during the previous year.

§62-11C-6. Community criminal justice boards.

            (a) Each county or combination of counties or a county or counties and a Class I or II municipality that seek to establish community-based corrections services shall establish a community criminal justice board: Provided, That if a county has not established a community criminal justice board by July 1, 2002, the chief probation officer of such that county, with the approval of the chief judge of the circuit, may apply for and receive approval and funding from the Governor’s committee for such any programs as authorized by the provisions of section five of this article. Any county which chooses to operate without a community criminal justice board shall be is subject to the regulations and requirements established by the community corrections subcommittee and the Governor’s committee.

            (b) The A community criminal justice board is to shall consist of no more than fifteen voting members.

            (c) All members of the a community criminal justice board are to shall be residents of the county or counties represented.

            (d) The A community criminal justice board is to shall consist of the following members:

            (1) The sheriff or chief of police or, if the board represents more than one county or municipality, at least one sheriff or chief of police from the counties represented;

            (2) The prosecutor or, if the board represents more than one county, at least one prosecutor from the counties represented;

            (3) If a public defender corporation exists in the county or counties represented, at least one attorney employed by any public defender corporation existing in the counties represented or, if no public defender office exists, one criminal defense attorney from the counties represented;

            (4) One member to be appointed by the local board of education or, if the board represents more than one county, at least one member appointed by a board of education of the counties represented;

            (5) One member with a background in mental health care and services to be appointed by the commission or commissions of the county or counties represented by the board;

            (6) Two members who can represent organizations or programs advocating for the rights of victims of crimes with preference given to organizations or programs advocating for the rights of victims of the crimes of domestic violence or driving under the influence; and

            (7) One member with a background in substance abuse treatment and services to be appointed by the commission or commissions of the county or counties represented by the board; and

            (7) (8) Three at-large members to be appointed by the commission or commissions of the county or counties represented by the board.

            (e) At the discretion of the West Virginia Supreme Court of Appeals, any or all of the following people may serve on a community criminal justice board as ex officio, nonvoting members:

            (1) A circuit judge from the county or counties represented;

            (2) A magistrate from the county or counties represented; or

            (3) A probation officer from the county or counties represented.

            (f) Community criminal justice boards may:

            (1) Provide for the purchase, development and operation of community corrections services;

            (2) Coordinate with local probation departments in establishing and modifying programs and services for offenders;

            (3) Evaluate and monitor community corrections programs, services and facilities to determine their impact on offenders; and

            (4) Develop and apply for approval of community corrections programs by the Governor’s Committee on Crime, Delinquency and Correction.

            (g) If a community criminal justice board represents more than one county, the appointed membership of the board, excluding any ex officio members, shall include an equal number of members from each county, unless the county commission of each county agrees in writing otherwise.

            (h) If a community criminal justice board represents more than one county, the board shall, in consultation with the county commission of each county represented, designate one county commission as the fiscal agent of the board.

            (i) Any political subdivision of this state operating a community corrections program shall, regardless of whether or not the program has been approved by the Governor’s Committee on Crime, Delinquency and Correction, provide to the Governor’s committee required information regarding the program’s operations as required by legislative rule.

§62-11C-10. Standardized risk and needs assessment; annual reviews; day report services.

            The Division of Justice and Community Services shall:

            (1) Require that staff of day reporting centers and other community corrections programs be trained in and use in each case a standardized risk and needs assessment as adopted by the Supreme Court of Appeals of West Virginia. The results of all standardized risk and needs assessments are confidential;

            (2) Annually conduct a validation study of inter-rater reliability and risk cut-off scores by population to ensure that the standardized risk and needs assessment is sufficiently predictive of the risk of reoffending;

            (3) Annually review the membership of all community criminal justice boards to ensure appropriate membership;

            (4) Evaluate the services, sanctions and programs provided by each community corrections program to ensure that they address criminogenic needs and are evidence-based;

            (5) Encourage community criminal justice boards to develop programs in addition to or in lieu of day report centers, through grants and more focused use of day report services; and

            (6) Annually report to the community corrections subcommittee on the results of duties required by this section.

ARTICLE 12. PROBATION AND PAROLE.

§62-12-6. Powers and duties of probation officers.

            (a) Each probation officer shall:

            (1) Investigate all cases which the court refers to the officer for investigation and shall report in writing on each case; The probation officer shall furnish

            (2) Conduct a standardized risk and needs assessment, using the instrument adopted by the Supreme Court of Appeals of West Virginia, for any probationer for whom an assessment has not been conducted either prior to placement on probation or by a specialized assessment officer. The results of all standardized risk and needs assessments are confidential;

            (3) Supervise the probationer and enforce probation according to assessment and supervision standards adopted by the Supreme Court of Appeals of West Virginia;

            (4) Furnish to each person released on probation under the officer’s supervision a written statement of the probationer’s conditions of probation together with a copy of the rules prescribed by the court for the supervision of probationers. The probation officer shall stay Supreme Court of Appeals of West Virginia;

            (5) Stay informed concerning the conduct and condition of each probationer under the officer’s supervision and shall report on the conduct and condition of each probationer in writing as often as the court requires; The probation officer shall use

            (6) Use all practicable and suitable methods to aid and encourage the probationer to improve his or her conduct and condition; The probation officer shall maintain

            (7) Perform random drug and alcohol testing on probationers under his or her supervision as directed by the circuit court;

            (8) Maintain detailed work records; and shall Perform any other duties the court requires.

            (9) Perform any other duties the court requires.

            (b) The probation officer has authority may, with or without an order or warrant, to arrest any probationer as provided in section ten of this article, and to arrest any person on supervised release when there is reasonable cause to believe that the person on supervised release has violated a condition of release. A person on supervised release so who is arrested shall be brought before the court for a prompt and summary hearing.

            (b) (c) Notwithstanding any provision of this code to the contrary:

            (1) Any probation officer appointed on or after July 1, 2002, may carry handguns in the course of the officer’s official duties after meeting specialized qualifications established by the Governor's Committee on Crime, Delinquency and Correction. which The qualifications shall include the successful completion of handgun training, including which is comparable to the handgun training provided to law-enforcement officers by the West Virginia State Police and includes a minimum of four hours’ training in handgun safety and comparable to the handgun training provided to law-enforcement officers by the West Virginia State Police.

            (2) Probation officers may only carry handguns in the course of their official duties after meeting the specialized qualifications set forth in subdivision (1) of this subsection.

            (3) Nothing in this subsection includes probation officers within the meaning of law-enforcement officers as defined in section one, article twenty-nine, chapter thirty of this code.

            (d) The Supreme Court of Appeals of West Virginia may adopt a standardized risk and needs assessment with risk cut-off scores for use by probation officers, taking into consideration the assessment instrument adopted by the Division of Corrections under subsection (h), section thirteen of this article and the responsibility of the Division of Justice and Community Services to evaluate the use of the standardized risk and needs assessment. The results of any standardized risk and needs assessment are confidential.

§62-12-7. Pretrial and preliminary investigation; report on prospective probationers.

            (a) The Supreme Court of Appeals of West Virginia may adopt a standardized pretrial risk assessment for use by the Regional Jail Authority to assist magistrates and circuit courts in making pretrial decisions under article one-c of this chapter.

            (b) When Unless otherwise directed by the court, the probation officer shall, in the form adopted by the Supreme Court of Appeals of West Virginia, make a careful investigation of, and a written report with recommendations concerning, any prospective probationer. Insofar as practicable, this report shall include information concerning the offender's court and criminal record, occupation, family background, education, habits and associations, mental and physical condition, the names, relationship, ages and condition of those dependent upon him or her for support and such any other facts as that may aid the court in determining the propriety and conditions of his or her release on probation. No A person convicted of a felony or of any offense described in article eight-b or eight-d, chapter sixty-one of this code against a minor child may not be released on probation until this report shall have has been presented to and considered by the court. The court may in its discretion request such a report concerning any person convicted of a misdemeanor. The presentence report of any person convicted of an offense, described in said articles or section twelve, article eight of said chapter, may include a statement from a therapist, psychologist or physician who is providing treatment to the child. A copy of all reports shall be filed with the Parole Board of probation and parole.

§62-12-9. Conditions of release on probation.

            (a) Release on probation is conditioned upon the following:

            (1) That the probationer may not, during the term of his or her probation, violate any criminal law of this or any other state or of the United States;

            (2) That he or she the probationer may not, during the term of his or her probation, leave the state without the consent of the court which placed him or her on probation;

            (3) That he or she the probationer complies with the conditions prescribed by the court for his or her supervision by the probation officer;

            (4) That in every case wherein in which the probationer has been convicted of an offense defined in section twelve, article eight, chapter sixty-one of this code or article eight-b or eight-d of said chapter, against a child, the probationer may not live in the same residence as any minor child, nor exercise visitation with any minor child and has may have no contact with the victim of the offense: Provided, That the probationer may petition the court of the circuit wherein in which he or she was convicted for a modification of this term and condition of his or her probation and the burden rests upon the probationer to demonstrate that a modification is in the best interest of the child;

            (5) That the probationer be required to pay a fee, not to exceed $20 per month, to defray costs of supervision: Provided, That the court conducts a hearing prior to imposition of probation and makes a determination on the record that the offender is able to pay the fee without undue hardship. All moneys collected as fees from probationers pursuant to this subdivision are to shall be deposited with the circuit clerk who shall, on a monthly basis, remit the moneys collected to the State Treasurer for deposit in the State General Revenue Fund; and

            (6) That the probationer is required to pay the fee described in section four, article eleven-c of this chapter: Provided, That the court conducts a hearing prior to imposition of probation and makes a determination on the record that the offender is able to pay the fee without undue hardship.

            (b) In addition, the court may impose, subject to modification at any time, any other conditions which it may deem determine advisable, including, but not limited to, any of the following:

            (1) That he or she the probationer make restitution or reparation, in whole or in part, immediately or within the period of probation, to any party injured by the crime for which he or she has been convicted: Provided, That the court conducts a hearing prior to imposition of probation and makes a determination on the record that the offender is able to pay restitution without undue hardship;

            (2) That he or she pay the probationer pays any fine assessed and the costs of the proceeding in installments as directed by the court may direct: Provided, That the court conducts a hearing prior to imposition of probation and makes a determination on the record that the offender is able to pay the costs without undue hardship;

            (3) That he or she make contribution the probationer makes contributions from his or her earnings, in sums as directed by the court may direct, for the support of his or her dependents; and

            (4) That he or she the probationer, in the discretion of the court, be is required to serve a period of confinement in jail of the county in which he or she was convicted for a period not to exceed one third of the minimum sentence established by law or one third of the least possible period of confinement in an indeterminate sentence, but in no case may the period of confinement exceed six consecutive months. The court has the authority to may sentence the defendant within the six-month period to intermittent periods of confinement including, but not limited to, weekends or holidays and may grant to the defendant intermittent periods of release in order that he or she may work at his or her employment or for other reasons or purposes as the court may deem determine appropriate: Provided, That the provisions of article eleven-a of this chapter do not apply to intermittent periods of confinement and release except to the extent that directed by the court may direct. If a period of confinement is required as a condition of probation, the court shall make special findings that other conditions of probation are inadequate and that a period of confinement is necessary.

            (c) Circuit courts may impose, as a condition of probation, participation in a day report center.

            (1) To be eligible, the probationer must be identified as moderate to high risk of reoffending and moderate to high criminogenic need, as determined by the standardized risk and needs assessment adopted by the Supreme Court of Appeals of West Virginia under subsection (d), section six of this article, and applied by a probation officer or day report staff. In eligible cases, circuit courts may impose a term of up to one year: Provided, That notwithstanding the results of the standardized risk and needs assessment, a judge may impose, as a term of probation, participation in a day report center program upon making specific written findings of fact as to the reason for departing from the requirements of this subdivision.

            (2) The day report center staff shall determine which services a person receives based on the results of the standardized risk and needs assessment and taking into consideration the other conditions of probation set by the court.

            (d) For the purposes of this article, ‘day report center’ means a court-operated or court-approved facility where persons ordered to serve a sentence in this type of facility are required to report under the terms and conditions set by the court for purposes which include, but are not limited to, counseling, employment training, alcohol or drug testing or other medical testing.

§62-12-10. Violation of probation.

            (a) If at any time during the period of probation there shall be reasonable cause to believe that the probationer has violated any of the conditions of his or her probation, the probation officer may arrest him or her with or without an order or warrant, or the court which placed him or her on probation, or the judge thereof in vacation, may issue an order for his or her arrest, whereupon he or she shall be brought before the court, or the judge thereof in vacation, for a prompt and summary hearing.

            (1) If it shall then appears to the satisfaction of the court or judge finds reasonable cause exists to believe that any condition of probation has been violated the probationer:

            (A) Absconded supervision;

            (B) Engaged in new criminal conduct other than a minor traffic violation or simple possession of a controlled substance; or

            (C) Violated a special condition of probation designed either to protect the public or a victim;

the court or judge may revoke the suspension of imposition or execution of sentence, impose sentence if none has been imposed and order that sentence be executed.

            (2) If the judge finds that reasonable cause exists to believe that the probationer violated any condition of supervision other than the conditions of probation set forth in subdivision (1) of this subsection, then, for the first violation, the judge shall impose a period of confinement up to sixty days, or, for the second violation, a period of confinement up to one hundred twenty days. For the third violation, the judge may revoke the suspension of imposition or execution of sentence, impose sentence if none has been imposed and order that sentence be executed, with credit for time spent in confinement under this section.

            (3) In computing the period for which the offender is to be confined, the time between his or her release on probation and his or her arrest may not be taken to be any part of the term of his or her sentence.

            (b) A probationer confined for a first or second violation pursuant to subdivision (2), subsection (a) of this section may be confined in jail, and the costs of confining felony probationers shall be paid out of funds appropriated for the Division of Corrections. Whenever the court orders the incarceration of a probationer pursuant to the provisions of subdivision (2), subsection (a) of this section, a circuit clerk shall provide a copy of the order of confinement within five days to the Commissioner of Corrections.

            (c) If, despite a violation of the conditions of probation, the court or judge shall be is of the opinion that the interests of justice do not require that the probationer serve his or her sentence or a period of confinement, the court or judge may, except when the violation was the commission of a felony, again release him or her on probation: Provided, That a judge may otherwise depart from the sentence limitations set forth in subdivision (2), subsection (a) of this section upon making specific written findings of fact supporting the basis for the departure.

§62-12-13. Powers and duties of board; eligibility for parole; procedure for granting parole.

            (a) The board of parole Parole Board, whenever it is of the opinion that the best interests of the state and of the inmate will be served, and subject to the limitations hereinafter provided in this section, shall release any inmate on parole for terms and upon conditions as are provided by this article.

            (b) Any inmate of a state correctional center institution is eligible for parole if he or she:

            (1)(A) Has served the minimum term of his or her indeterminate sentence or has served one fourth of his or her definite term sentence, as the case may be; or

            (B) He or she:

            (i) Has applied for and been accepted by the Commissioner of Corrections into an accelerated parole program;

            (ii) Does not have a prior criminal conviction for a felony crime of violence against the person, a felony offense involving the use of a firearm or a felony offense where the victim was a minor child.

            (iii) Has no record of institutional disciplinary rule violations for a period of one hundred twenty days prior to parole consideration unless the requirement is waived by the commissioner;

            (iv) (iii) Is not serving a sentence for a crime of violence against the person, or more than one felony for a controlled substance offense for which the inmate is serving a consecutive sentence, a felony offense involving the use of a firearm or a felony offence offense where the victim was a minor child; and

            (v) (iv) Has successfully completed a rehabilitation treatment program created with the assistance of a standardized risk and needs assessment.

            (I) As used in this section ‘felony crime of violence against the person’ means felony offenses set forth in articles two, three-e, eight-b or eight-d of chapter sixty-one of this code; and

            (II) As used in this section ‘felony offense where the victim was a minor child’ means any felony crime of violence against the person and any felony violation set forth in article eight, eight-a, eight-c or eight-d of chapter sixty-one of this code.

            (C) Notwithstanding any provision of this code to the contrary, any person inmate who committed, or attempted to commit, a felony with the use, presentment or brandishing of a firearm, is not eligible for parole prior to serving a minimum of three years of his or her sentence or the maximum sentence imposed by the court, whichever is less: Provided, That any person inmate who committed, or attempted to commit, any violation of section twelve, article two, chapter sixty-one of this code, with the use, presentment or brandishing of a firearm, is not eligible for parole prior to serving a minimum of five years of his or her sentence or one third of his or her definite term sentence, whichever is greater. Nothing in this paragraph applies to an accessory before the fact or a principal in the second degree who has been convicted as if he or she were a principal in the first degree if, in the commission of or in the attempted commission of the felony, only the principal in the first degree used, presented or brandished a firearm. A person An inmate is not ineligible for parole under the provisions of this paragraph because of the commission or attempted commission of a felony with the use, presentment or brandishing of a firearm unless that fact is clearly stated and included in the indictment or presentment by which the person was charged and was either: (i) Found guilty by the court at the time of trial upon a plea of guilty or nolo contendere; (ii) found guilty by the jury, upon submitting to the jury a special interrogatory for such purpose if the matter was tried before a jury; or (iii) found guilty by the court, if the matter was tried by the court without a jury.

            For the purpose of this section, the term ‘firearm’ means any instrument which will, or is designed to, or may readily be converted to, expel a projectile by the action of an explosive, gunpowder or any other similar means.

            (D) The amendments to this subsection adopted in the year 1981:

            (i) Apply to all applicable offenses occurring on or after August 1 of that year;

            (ii) Apply with respect to the contents of any indictment or presentment returned on or after August 1 of that year irrespective of when the offense occurred;

            (iii) Apply with respect to the submission of a special interrogatory to the jury and the finding to be made thereon in any case submitted to the jury on or after August 1 of that year or to the requisite findings of the court upon a plea of guilty or in any case tried without a jury: Provided, That the state gives notice in writing of its intent to seek such finding by the jury or court, as the case may be. which The notice shall state with particularity the grounds upon which the finding will be sought as fully as such the grounds are otherwise required to be stated in an indictment, unless the grounds therefor upon which the finding will be sought are alleged in the indictment or presentment upon which the matter is being tried; and

            (iv) Does not apply with respect to cases not affected by the amendments and in such those cases the prior provisions of this section apply and are construed without reference to the amendments.

            (1) (v) Insofar as the amendments relate to mandatory sentences restricting the eligibility for parole, all matters requiring a mandatory sentence shall be proved beyond a reasonable doubt in all cases tried by the jury or the court.

            (E) As used in this section ‘felony crime of violence against the person’ means felony offenses set forth in articles two, three-e, eight-b or eight-d of chapter sixty-one of this code; and

            (F) As used in this section ‘felony offense where the victim was a minor child’ means any felony crime of violence against the person and any felony violation set forth in article eight, eight-a, eight-c or eight-d of chapter sixty-one of this code.

            (G) For the purpose of this section, the term ‘firearm’ means any instrument which will, or is designed to, or may readily be converted to, expel a projectile by the action of an explosive, gunpowder or any other similar means.

            (2) Is not in punitive segregation or administrative segregation as a result of disciplinary action;

            (3) Has maintained a record of good conduct in prison for a period of at least three months immediately preceding the date of his or her release on parole;

            (4) Has prepared and submitted to the board Parole Board a written parole release plan setting forth proposed plans for his or her place of residence, employment and, if appropriate, his or her plans regarding education and post-release counseling and treatment Provided, That an inmate’s application for parole may be considered by the board without the prior submission of a home plan, but the inmate shall have a home plan approved by the board prior to his or her release on parole. The Commissioner of Corrections or his or her designee shall review and investigate the plan to be reviewed and investigated and provide recommendations to the board as to the suitability of the plan: Provided, That in cases in which there is a mandatory thirty-day notification period required prior to the release of the inmate, pursuant to section twenty-three of this article, the board may conduct an initial interview and deny parole without requiring the development of a plan. In the event the board does not believe parole should be denied believes parole should be granted, it may defer a final decision pending completion of an investigation and receipt of recommendations. Upon receipt of the plan together with the investigation and recommendation, the board, through a panel, shall make a final decision regarding the granting or denial of parole; and

            (5) Has satisfied the board that if released on parole he or she will not constitute a danger to the community.

            (c) Except in the case of a person an inmate serving a life sentence, no a person who has been previously twice convicted of a felony may not be released on parole until he or she has served the minimum term provided by law for the crime for which he or she was convicted. A person An inmate sentenced for life may not be paroled until he or she has served ten years, and a person an inmate sentenced for life who has been previously twice convicted of a felony may not be paroled until he or she has served fifteen years: Provided, That a person an inmate convicted of first degree murder for an offense committed on or after June 10, 1994, is not eligible for parole until he or she has served fifteen years.

            (d) In the case of a person an inmate sentenced to any state correctional center, it is the duty of the board institution, the Parole Board, as soon as a person that inmate becomes eligible, to shall consider the advisability of his or her release on parole.

            (e) If, upon consideration, parole is denied, the board shall promptly notify the inmate of the denial. The board shall, at the time of denial, notify the inmate of the month and year he or she may apply for reconsideration and review. The board shall at least once a year reconsider and review the case of every inmate who was denied parole and who is still eligible: Provided, That the board may reconsider and review parole eligibility anytime within three years following the denial of parole of an inmate serving a life sentence with the possibility of parole.

            (f) Any person inmate serving a sentence on a felony conviction who becomes eligible for parole consideration prior to being transferred to a state correctional center institution may make written application for parole. The terms and conditions for parole consideration established by this article apply to such inmates that inmate.

            (g) The board shall, with the approval of the Governor, adopt rules governing the procedure in the granting of parole. No provision of this article and none of the rules adopted hereunder under this article are intended or may be construed to contravene, limit or otherwise interfere with or affect the authority of the Governor to grant pardons and reprieves, commute sentences, remit fines or otherwise exercise his or her constitutional powers of executive clemency.

            (h) (1) The Division of Corrections shall promulgate policies and procedures for developing a rehabilitation treatment plan created with the assistance of a standardized risk and needs assessment. The policies and procedures shall include, but not be limited to, policy and procedures for provide for, at a minimum, screening and selecting inmates for rehabilitation treatment and development, and use of using standardized risk and needs assessment and substance abuse assessment tools, and prioritizing the use of residential substance abuse treatment resources based on the results of the standardized risk and needs assessment and a substance abuse assessment. The results of all standardized risk and needs assessments and substance abuse assessments are confidential.

            (2) An inmate shall not be paroled under paragraph (B), subdivision (1), subsection (b) of this section solely due to having successfully completed a rehabilitation treatment plan, but completion of all the requirements of a rehabilitation parole treatment plan along with compliance with the requirements of subsection (b) of this section shall creates a rebuttable presumption that parole is appropriate. The presumption created by this subsection subdivision may be rebutted by a Parole Board finding that, according to the standardized risk and needs assessment, at the time parole release is sought the inmate still constitutes a reasonable risk to the safety or property of other persons if released. Nothing in subsection (b) of this section or in this subsection may be construed to create a right to parole.

            (i) Notwithstanding the provisions of subsection (b) of this section, the Parole Board may, in its discretion, grant or deny parole to an inmate against whom a detainer is lodged by a jurisdiction other than West Virginia for service of a sentence of incarceration, upon a written request for parole from the inmate. A denial of parole under this subsection shall preclude precludes consideration for parole for a period of one year or until the provisions of subsection (b) of this section are applicable.

            (j) Where If an inmate is otherwise eligible for parole pursuant to subsection (b) of this section and has completed the rehabilitation treatment program required under subsection (h) of this section, but the Parole Board determines that may not require the inmate should to participate in an additional program, or but may determine that the inmate must complete an assigned task or tasks prior to actual release on parole. The board may grant parole contingently, effective upon successful completion of the program or assigned task or tasks, without the need for a further hearing. The Commissioner of Corrections shall provide notice to the Parole Board of the imminent release of a contingently paroled inmate to effectuate appropriate supervision.

            (k) (1) The Division of Corrections is charged with the duty of supervising shall supervise all probationers and parolees whose supervision may have been undertaken by this state by reason of any interstate compact entered into pursuant to the Uniform Act For Out-of-State Parolee Supervision.

            (2) The Division of Corrections shall provide supervision, treatment and support services for all persons released to mandatory supervision under section twenty-seven, article five, chapter twenty-eight of this code.

            (l)(1) When considering an inmate of a state correctional center for release on parole, the Parole Board panel considering the parole is to shall have before it an authentic copy of or report on the inmate's current criminal record as provided through the West Virginia State Police, the United States Department of Justice or any other reliable criminal information sources and written reports of the warden or superintendent of the state correctional center institution to which the inmate is sentenced:

            (A) On the inmate's conduct record while in custody, including a detailed statement showing any and all infractions of disciplinary rules by the inmate and the nature and extent of discipline administered therefor for the infractions;

            (B) On improvement or other changes noted in the inmate's mental and moral condition while in custody, including a statement expressive of the inmate's current attitude toward society in general, toward the judge who sentenced him or her, toward the prosecuting attorney who prosecuted him or her, toward the policeman or other officer who arrested the inmate and toward the crime for which he or she is under sentence and his or her previous criminal record;

            (C) On the inmate's industrial record while in custody which shall include: The nature of his or her work, occupation or education, the average number of hours per day he or she has been employed or in class while in custody and a recommendation as to the nature and kinds of employment which he or she is best fitted to perform and in which the inmate is most likely to succeed when he or she leaves prison the state correctional institution; and

            (D) On any physical, mental, and psychological or psychiatric examinations of the inmate. conducted, insofar as practicable, within the two months next preceding parole consideration by the board.

            (2) The Parole Board panel considering the parole may waive the requirement of any report when not available or not applicable as to any inmate considered for parole but, in every such case, shall enter in the its record thereof its reason for the waiver: Provided, That in the case of an inmate who is incarcerated because the inmate has been found guilty of, or has pleaded guilty to, a felony under the provisions of section twelve, article eight, chapter sixty-one of this code or under the provisions of article eight-b or eight-c of said chapter, the Parole Board panel may not waive the report required by this subsection. and The report is to shall include a study and diagnosis of the inmate, including an on-going treatment plan requiring active participation in sexual abuse counseling at an approved mental health facility or through some other approved program: Provided, however, That nothing disclosed by the person inmate during the study or diagnosis may be made available to any law-enforcement agency, or other party without that person's inmate’s consent, or admissible in any court of this state, unless the information disclosed indicates the intention or plans of the parolee to do harm to any person, animal, institution or to property. Progress reports of outpatient treatment are to be made at least every six months to the parole officer supervising the person parolee. In addition, in such cases, the Parole Board shall inform the prosecuting attorney of the county in which the person was convicted of the parole hearing and shall request that the prosecuting attorney inform the Parole Board of the circumstances surrounding a conviction or plea of guilty, plea bargaining and other background information that might be useful in its deliberations.

            (m) Before releasing any inmate on parole, the board of parole Parole Board shall arrange for the inmate to appear in person before a Parole Board panel and the panel may examine and interrogate him or her on any matters pertaining to his or her parole, including reports before the Parole Board made pursuant to the provisions hereof of this section: Provided, That an inmate may appear by video teleconference if the members of the Parole Board panel conducting the examination are able to contemporaneously see the inmate and hear all of his or her remarks and if the inmate is able to contemporaneously see each of the members of the panel conducting the examination and hear all of the members' remarks. The panel shall reach its own written conclusions as to the desirability of releasing the inmate on parole and the majority of the panel considering the release shall must concur in the decision. The warden or superintendent shall furnish all necessary assistance and cooperate to the fullest extent with the Parole Board. All information, records and reports received by the Parole Board are to shall be kept on permanent file.

            (n) The Parole Board and its designated agents are at all times to have access to inmates imprisoned in any state correctional center institution or in any jail in this state and may obtain any information or aid necessary to the performance of its duties from other departments and agencies of the state or from any political subdivision thereof of the state.

            (o) The Parole board shall, if so requested by the Governor, investigate and consider all applications for pardon, reprieve or commutation and shall make recommendation thereon on the applications to the Governor.

            (p) (1) Prior to making a recommendation for pardon, reprieve or commutation, and prior to releasing any inmate on parole the board shall notify the sentencing judge and prosecuting attorney at least ten days before the recommendation or parole.

            (2) Notwithstanding any other provision of law to the contrary, if the board grants a person parole, the board shall provide written notice to the prosecuting attorney and circuit judge of the county in which the inmate was prosecuted, that parole has been granted. The notice shall be sent by certified mail, return receipt requested and include the anticipated date of release and the person’s anticipated future residence. A written statement of reasons for releasing the person, prepared pursuant to subsection (b), of this section, shall be provided upon request.

            (q) Any person released on parole A parolee shall participate as a condition of parole in the litter control program of the county to which he or she is released to the extent directed by the Parole Board, unless the board specifically finds that this alternative service would be inappropriate.

            (r) Except for the amendments to this section contained in subdivision (4), subsection (b) and subsection (i) of this section the amendments to this section enacted during the 2010 regular session of the Legislature shall become effective on January 1, 2011.

§62-12-14a. Director of employment; director of housing; released inmates; duties.

            The board Commissioner of Corrections shall have authority to may employ or contract for a director of employment and a director of housing for paroled or pardoned prisoners released inmates. The director of employment shall work with federal, state, county and local government and private entities to negotiate agreements which facilitate employment opportunities for released inmates. The director of housing shall work with federal, state, county and local government and private entities to negotiate agreements which facilitate housing opportunities for released inmates. It shall be the duty of The director of employment to shall investigate job opportunities and to give every possible assistance in helping prisoners, eligible to be paroled or who have been granted parole under this article to released inmates find employment. The director of housing shall work in conjunction with the parole division and the Parole Board to reduce release delays due to lack of a home plan, develop community housing resources and provide short-term loans to released inmates for costs related to reentry into the community.

§62-12-15. Powers and duties of state parole officers.

            (a) Each state parole officer shall:

            (1) Investigate all cases referred to him or her for investigation by the Commissioner of Corrections and shall report in writing thereon on the investigation; He or she or she shall furnish

            (2) Update the standardized risk and needs assessment adopted by the Division of Corrections under subsection (h), section thirteen of this article for each parolee for whom an assessment has not been conducted for parole by a specialized assessment officer;

            (3) Supervise each parolee according to the assessment and supervision standards determined by the Commissioner of Corrections;

            (4) Furnish to each person released on parole parolee under his or her supervision a written statement of the conditions of his or her parole together with a copy of the rules prescribed by the board, as the case may be Commissioner of Corrections for the supervision of parolees; He or she or she shall keep

            (5) Keep informed concerning the conduct and condition of each person parolee under his or her supervision and shall report thereon on the conduct and condition of each parolee in writing as often as required by the Commissioner of Corrections may require; He or she or she shall use;

            (6) Use all practicable and suitable methods to aid and encourage persons on parole a parolee and to bring about improvement in their his or her conduct and condition; He or she or she shall keep

            (7) Keep detailed records of his or her work; shall keep

            (8) Keep accurate and complete accounts of and give receipts for all money collected from persons parolees under his or her supervision and shall pay over the money to those persons designated by a circuit court or the Commissioner of Corrections may designate; He or she or she shall give;

            (9) Give bond with good security, to be approved by the Commissioner of Corrections, in a penalty of not less than $1,000 nor more than $3,000, as determined by the Commissioner of Corrections may determine; and also perform

            (10) Perform any other duties required by the Commissioner may require of Corrections.

            (b) He or she Each state parole officer has authority may, with or without an order or warrant, to arrest or order confinement of any parolee. He or she has all the powers of a notary public, with authority to act anywhere within the state.

            (c) The Commissioner of Corrections may issue a certificate authorizing any state parole officer who has successfully completed the Division of Corrections’ training program for firearms certification, which is the equivalent of that required of deputy sheriffs, to carry firearms or concealed weapons. Any parole officer authorized by the Commissioner of Corrections may, without a state license, carry firearms and concealed weapons. Each state parole officer, authorized by the Commissioner of Corrections, shall carry with him or her a certificate authorizing him or her to carry a firearm or concealed weapon bearing the official signature of the Commissioner of Corrections.

§62-12-17. Conditions of release on parole.

            (a) Release and supervision on parole of any person, including the supervision by the Division of Corrections of any person paroled by any other state or by the federal government, shall be upon the following conditions:

            (1) That the parolee may not, during the period of his or her parole, violate any criminal law of this or any other state or of the United States;

            (2) That he or she the parolee may not, during the period of his or her parole, leave the state without the consent of the Division of Corrections;

            (3) That he or she shall comply the parolee complies with the rules prescribed by the Division of Corrections for his or her supervision by the parole officer;

            (4) That in every case in which the parolee for a conviction is seeking parole from an offense against a child, defined in section twelve, article eight, chapter sixty-one of this code, or article eight-b or eight-d of said chapter, or similar convictions from other jurisdictions where the parolee is returning or attempting to return to this state pursuant to the provisions of article six, chapter twenty-eight of this code, the parolee may not live in the same residence as any minor child nor exercise visitation with any minor child nor may he or she have any contact with the victim of the offense; and

            (5) That the parolee, and all federal or foreign state probationers and parolees whose supervision may have been undertaken by this state, is required to pay a fee, based on his or her ability to pay, not to exceed $40 per month to defray the costs of supervision.

            (b) The Commissioner of Corrections shall keep a record of all actions taken and account for moneys received. No provision of this section prohibits the division from collecting the fees and conducting the checks upon the effective date of this section. All moneys shall be deposited in a special account in the State Treasury to be known as the Parolee's Supervision Fee Fund. Expenditures from the fund shall be for the purposes of providing the parole supervision required by the provisions of this code and are not authorized from collections, but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter five-a of this code. Amounts collected which are found, from time to time, to exceed the funds needed for purposes set forth in this article may be transferred to other accounts or funds and redesignated for other purposes by appropriation of the Legislature.

            (c) The Division of Corrections shall consider the following factors in determining whether a parolee or probationer is financially able to pay the fee:

            (1) Current income prospects for the parolee or probationer, taking into account seasonal variations in income;

            (2) Liquid assets of the parolee or probationer, assets of the parolee or probationer that may provide collateral to obtain funds and assets of the parolee or probationer that may be liquidated to provide funds to pay the fee;

            (3) Fixed debts and obligations of the parolee or probationer, including federal, state and local taxes and medical expenses;

            (4) Child care, transportation and other reasonably necessary expenses of the parolee or probationer related to employment; and

            (5) The reasonably foreseeable consequences for the parolee or probationer if a waiver of, or reduction in, the fee is denied.

            (d) In addition, the Division of Corrections may impose, subject to modification at any time, any other conditions which the Division considers advisable.

            (e) The Division of Corrections may order substance abuse treatment as a condition or as a modification of parole, only if the standardized risk and needs assessment indicates the offender has a high risk for reoffending and a need for substance abuse treatment.

            (f) The Division of Corrections may impose, as an initial condition of parole, a term of reporting to a day report center or other community corrections program only if the standardized risk and needs assessment indicates a moderate to high risk of reoffending and moderate to high criminogenic need. Any parolee required to report to a day report center or other community corrections program is subject to all the rules and regulations of the center or program and may be removed at the discretion of the center’s or program’s director. The Commissioner of Corrections shall enter into a master agreement with the Division of Justice and Community Services to provide reimbursement to counties for the use of community corrections programs by eligible parolees. Any placement by the Division of Corrections of a parolee in a day report center or other community corrections program may only be done with the center’s or program’s director’s consent and the parolee is subject to all of the rules and regulations of the center or program and may be removed by the director.

§62-12-19. Violation of parole.

            (a) If at any time during the period of parole there is reasonable cause to believe that the parolee has violated any of the conditions of his or her release on parole, the parole officer may arrest him or her with or without an order or warrant, or the Commissioner of Corrections may issue a written order or warrant for his or her arrest. which The written order or warrant is sufficient for his or her arrest by any officer charged with the duty of executing an ordinary criminal process. The commissioner's written order or warrant delivered to the sheriff against the paroled prisoner parolee shall be a command to keep custody of the parolee for the jurisdiction of the Division of Corrections. and During the period of custody, the parolee may be admitted to bail by the court before which the parolee was sentenced. If the parolee is not released on a bond, the costs of confining the paroled prisoner shall be paid out of the funds appropriated for the Division of Corrections.

            (1) If reasonable cause is found to exist that a parolee has violated a term or terms of his or her release on parole that does not constitute:

            (A) Absconding supervision;

            (B) New criminal conduct other than a minor traffic violation or simple possession of a controlled substance; or

            (C) Violation of a special condition of parole designed either to protect the public or a victim;

the parole officer may, after consultation with and written approval by the director of parole services, for the first violation, require the parolee to serve a period of confinement up to sixty days, or, for the second violation, a period of confinement up to one hundred twenty days: Provided, That the Division of Corrections shall notify the Parole Board when a parolee is serving such a term of confinement and the Parole Board may deny further confinement. A parolee serving a term of confinement in the first or second instance may be confined in jail or any other facility designated by the commissioner, but shall be committed to the custody of the Commissioner of Corrections, and the costs of confining the parolee shall be paid out of funds appropriated for the Division of Corrections: Provided, however, That upon written request, the parolee shall be afforded the right to a hearing within forty-five days before the Parole Board regarding whether he or she violated the conditions of his or her release on parole.

            (b) (2) When a parolee is under arrest in custody for a violation of the conditions of his or her parole, he or she shall be given a prompt and summary hearing before a Parole Board panel of the Board upon his or her written request, at which the parolee and his or her counsel are shall be given an opportunity to attend.

            (A) If at the hearing it appears to the satisfaction of the panel is determined that reasonable cause exists to believe that the parolee has: violated any condition of his or her release on parole, or any rules or conditions of his or her supervision

            (i) Absconded supervision;

            (ii) Committed new criminal conduct other than a minor traffic violation or simple possession of a controlled substance; or

            (iii) Violated a special condition of parole design to protect either the public or a victim,

the panel may revoke his or her parole and may require him or her to serve in prison a state correctional institution the remainder or any portion of his or her maximum sentence for which, at the time of his or her release, he or she was subject to imprisonment.

            (B) If the Parole Board panel finds that reasonable cause exists to believe that the parolee has violated a condition of release or supervision other than the conditions of parole set forth in subparagraph (A), subdivision (2) of this subsection, the panel shall require the parolee to serve, for the first violation, a period of confinement up to sixty days, or, for the second violation, a period of confinement up to one hundred twenty days unless the Parole Board makes specific written findings of fact that a departure from the specific limitations of this paragraph is warranted: Provided, That if the violation of the conditions of parole or rules for his or her supervision is not a felony as set out in section eighteen of this article, the panel may, if in its judgment the best interests of justice do not require revocation a period of confinement, reinstate him or her on parole. The Division of Corrections shall effect release from custody upon approval of a home plan.

            (b) Notwithstanding any provision of this code to the contrary, when reasonable cause has been found to believe that a parolee has violated the conditions of his or her parole but the violation does not constitute felonious conduct, the commissioner may, in his or her discretion and with the written consent of the parolee, allow the parolee to remain on parole with additional conditions or restrictions. The additional conditions or restrictions may include, but are not limited to, participation in any program described in subsection (d), section five, article eleven-c of this chapter. Compliance by If the parolee complies with the conditions of parole precludes revocation of the commissioner may not revoke his or her parole for the conduct which constituted the violation. Failure of If the parolee fails to comply with the conditions or restrictions and all other conditions of release, that failure is an additional violation of parole and the commissioner may proceed against the parolee may be proceeded against under the provisions of this section for the original violation as well as any subsequent violations.

            (c) When a parolee has violated the conditions of his or her release on parole by confession to, or being convicted of, any of the crimes set forth in section eighteen of this article, he or she shall be returned to the custody of the Division of Corrections to serve the remainder of his or her maximum sentence, during which remaining part of his or her sentence he or she is ineligible for further parole.

            (d) Whenever the a person’s parole of a paroled prisoner has been revoked, the commissioner shall, upon receipt of the panel’s written order of revocation, convey and transport the paroled prisoner to a state correctional institution. A paroled prisoner parolee whose parole has been revoked shall remain in custody of the sheriff until delivery to a corrections officer sent and duly authorized by the commissioner for the removal of the paroled prisoner parolee to a state penal correctional institution. The cost of confining the paroled prisoner parolee shall be paid out of the funds appropriated for the Division of Corrections.

            (e) When a paroled prisoner parolee is convicted of, or confesses to, any one of the crimes enumerated in section eighteen of this article, it is the duty of the Parole Board to cause him or her to be returned to this state for a summary hearing as provided by this article. Whenever a parolee has absconded supervision, the commissioner shall issue a warrant for his or her apprehension and return to this state for the hearing provided for in this article: Provided, That the panel considering revocation may, if it determines the best interests of justice do not require revocation, cause the paroled absconder parolee to be reinstated to parole.

            (f) A warrant filed by the commissioner shall stay the running of his or her sentence until the parolee is returned to the custody of the Division of Corrections and is physically in West Virginia.

            (g) Whenever a parolee who has absconded supervision or has been transferred out of this state for supervision pursuant to section one, article six, chapter twenty-eight of this code is returned to West Virginia due to a violation of parole and costs are incurred by the Division of Corrections, the commissioner may assess reasonable costs from the parolee's inmate funds or the parolee as reimbursement to the Division of Corrections for the costs of returning him or her to West Virginia.

            (h) Conviction of a felony for conduct occurring during the period of parole is proof of violation of the conditions of parole and the hearing procedures required by the provisions of this section are inapplicable.

            (i) The Commissioner of the Division of Corrections may issue subpoenas for persons and records necessary to prove a violation of the terms and conditions of a parolee's parole either at a preliminary hearing or at a final hearing before a panel of the Parole Board panel. The subpoenas shall be served in the same manner provided in the Supreme Court of Appeals of West Virginia Rules of Criminal Procedure. The subpoenas may be enforced by the commissioner through application or petition of the commissioner to the circuit court for contempt or other relief.

§62-12-29. Shared information for community supervision.

            (a) The Administrative Director of the Supreme Court of Appeals of West Virginia is requested to assemble a community supervision committee, to include representatives of the judiciary, probation, parole, day report centers, magistrates, sheriffs, corrections and other members at the discretion of the director. The administrative director shall appoint a chair from among the members, and attend the meeting ex officio.

            (b) The committee shall:

            (1) Design and deploy a method for probation officers, parole officers, day report centers and others providing community supervision to electronically share offender information and assessments;

            (2) Coordinate information reporting and access across agencies continuing supervision;

            (3) Collect and share information about assessed and collected restitution among agencies continuing supervision;

            (4) Collect sentencing-level data to enable the study of sentencing practices across the state; and

            (5) Coordinate with the Community Corrections Subcommittee of the Governor's Committee on Crime, Delinquency and Correction in the discharge of these duties.

            (c) The committee shall annually submit a report on its activities during the previous year, on or before September 30, to the Governor, the Speaker of the House of Delegates, the President of the Senate and, upon request, to any individual member of the Legislature.

ARTICLE 15. DRUG OFFENDER ACCOUNTABILITY AND TREATMENT ACT.

§62-15-2. Definitions.

            For the purposes of this article:

            (1) ‘Assessment’ means a diagnostic evaluation to determine whether and to what extent a person is a drug offender under this article and would benefit from its provisions. The assessment shall be conducted in accordance with the standards, procedures, and diagnostic criteria designed to provide effective and cost-beneficial use of available resources standardized risk and needs assessment and risk cut-off scores adopted by the West Virginia Supreme Court of Appeals. The results of all standardized risk and needs assessments and risk cut-off scores are confidential.

            (2) ‘Continuum of care’ means a seamless and coordinated course of substance abuse education and treatment designed to meet the needs of drug offenders as they move through the criminal justice system and beyond, maximizing self-sufficiency.

            (3) ‘Controlled substance’ means a drug or other substance for which a medical prescription or other legal authorization is required for purchase or possession.

            (4) ‘Drug’ means a controlled substance, an illegal drug or other harmful substance.

            (5) ‘Drug court’ means a judicial intervention process that incorporates the Ten Key Components and may include preadjudication or post-adjudication participation.

            (6) ‘Drug court team’ may shall consist of the following members who are assigned to the drug court:

            (A) The drug court judge, which may include a magistrate, mental hygiene commissioner or other hearing officer;

            (B) The prosecutor;

            (C) The public defender or a member of the criminal defense bar;

            (D) A representative from the day report center or community corrections program, if operating in the jurisdiction;

            (E) A law-enforcement officer;

            (F) The drug court coordinator;

            (G) A representative from a circuit court probation office or the division of parole supervision or both;

            (H) One or more substance abuse treatment providers; and

            (I) Any other persons selected by the drug court team.

            (7) ‘Drug offender’ means an adult person charged with a drug-related offense or an offense in which substance abuse is determined from the evidence to have been a factor in the commission of the offense.

            (8) ‘Dual Diagnosis’ means a substance abuse and cooccurring mental health disorder.

            (9) ‘Local advisory committee’ may consist of the following members or their designees:

            (A) A drug court circuit judge, who shall serve as chair;

            (B) Drug court magistrate(s) magistrates;

            (C) The prosecutor;

            (D) A public defender;

            (E) The drug court coordinator;

            (F) A member of the criminal defense bar;

            (G) The circuit clerk;

            (H) A day report center director;

            (I) A circuit court probation officer, parole officer or both;

            (J) Law enforcement;

            (K) One or more substance abuse treatment providers;

            (L) A corrections representative; and

            (M) Any such other person or persons the chair deems considers appropriate.

            (10) ‘Illegal drug’ means a drug whose manufacture, sale, use or possession is forbidden by law;

            (11) ‘Memorandum of Understanding’ means a written document setting forth an agreed upon procedure.

            (12) ‘Offender’ means an adult charged with a criminal offense punishable by incarceration.

            (13) ‘Other harmful substance’ means a misused substance otherwise legal to possess, including alcohol.

            (14) ‘Preadjudication order’ means a court order requiring a drug offender to participate in drug court before charges are filed or before conviction.

            (15) ‘Post adjudication’ means a court order requiring a drug offender to participate in drug court after having entered a plea of guilty or nolo contendre or having been found guilty.

            (16) ‘Recidivism’ means any subsequent arrest for a serious offense (carrying a sentence of at least one year) resulting in the filing of a charge.

            (17) ‘Relapse’ means a return to substance use after a period of abstinence.

            (18) ‘Split sentencing’ means a sentence which includes a period of incarceration followed by a period of supervision.

            (19) ‘Staffing’ means the meeting before a drug offender's appearance in drug court in which the drug court team discusses a coordinated response to the drug offender's behavior.

            (20) ‘Substance’ means drug drugs or alcohol.

            (21) ‘Substance abuse’ means the illegal or improper consumption of a drug substance.

            (22) ‘Substance abuse treatment’ means a program designed to provide prevention, education, and therapy directed toward ending substance abuse and preventing a return to substance usage, through a continuum of care, including: treatment of cooccurring substance abuse and mental health issues; outpatient care; intensive outpatient care; residential care; peer support; relapse prevention; and cognitive behavioral programming, based on research about effective treatment models for the offender population.

            (23) ‘Ten Key Components’ means the following benchmarks intended to describe the very best practices, designs, and operations of drug courts. These benchmarks are meant to serve as a practical, yet flexible framework for developing effective drug courts in vastly different jurisdictions and to provide a structure for conducting research and evaluation for program accountability:

            (A) Drug courts integrate alcohol and other drug treatment services with justice system case processing;

            (B) Using a nonadversarial approach, prosecution and defense counsel promote public safety while protecting participants' due process rights;

            (C) Eligible participants are identified early and promptly placed in the drug court program;

            (D) Drug courts provide access to a continuum of alcohol, drug, and other related treatment and rehabilitation services;

            (E) Abstinence is monitored by frequent alcohol and other drug testing;

            (F) A coordinated strategy governs drug court responses to participants' compliance;

            (G) Ongoing judicial interaction with each drug court participant is essential;

            (H) Monitoring and evaluation measure the achievement of program goals and gauge effectiveness;

            (I) Continuing interdisciplinary education promotes effective drug court planning, implementation and operations; and

            (J) Forging partnerships among drug courts, public agencies and community-based organizations generates local support and enhances drug court effectiveness.

            (24) ‘Treatment supervision’ means a program under which an eligible felony drug offender, pursuant to section six-a of this article, is ordered to undergo treatment for substance abuse by a circuit court judge as a condition of drug court, a condition of probation, or as a modification of probation.

§62-15-4. Court authorization and structure.

            (a) Each judicial circuit or two or more adjoining judicial circuits may establish a drug court or regional drug court program under which drug offenders will be processed to address appropriately, the identified substance abuse problem as a condition of pretrial release, probation, incarceration, parole or other release from a correctional facility: Provided, that all judicial circuits must be participating in a drug court or regional drug court program in accordance with the provisions of this article by July 1, 2014.

            (b) The structure, method, and operation of each drug court program may differ and should be based upon the specific needs of and resources available to the judicial circuit or circuits where the drug court program is located.

            (c) A drug court program may be preadjudication or post-adjudication for an adult offender.

            (d) Participation in drug court, with the consent of the prosecution and the court, shall be pursuant to a written agreement.

            (e) A drug court may grant reasonable incentives under the written agreement if it finds that the drug offender:

            (1) Is performing satisfactorily in drug court;

            (2) Is benefitting from education, treatment and rehabilitation;

            (3) Has not engaged in criminal conduct; or

            (4) Has not violated the terms and conditions of the agreement.

            (f) A drug court may impose reasonable sanctions on the drug offender, including incarceration for the underlying offense or expulsion from the program, pursuant to the written agreement, if it finds that the drug offender:

            (1) Is not performing satisfactorily in drug court;

            (2) Is not benefitting from education, treatment or rehabilitation;

            (3) Has engaged in conduct rendering him or her unsuitable for the program;

            (4) Has otherwise violated the terms and conditions of the agreement; or

            (5) Is for any reason unable to participate.

            (g) Upon successful completion of drug court, a drug offender's case shall be disposed of by the judge in the manner prescribed by the agreement and by the applicable policies and procedures adopted by the drug court. This may include, but is not limited to, withholding criminal charges, dismissal of charges, probation, deferred sentencing, suspended sentencing, split sentencing, or a reduced period of incarceration.

            (h) Drug court shall include the Ten Key Components and the drug court team shall act to ensure compliance with them.

            (i) Nothing contained in this article confers a right or an expectation of a right to participate in a drug court nor does it obligate a drug court to accept every drug offender.

            (j) Neither the establishment of a drug court nor anything herein may be construed as limiting the discretion of the jurisdiction’s prosecutor to act on any criminal case which he or she deems advisable to prosecute.

            (k) Each drug court judge may establish rules and may make special orders as necessary that do not conflict with rules and orders promulgated by the Supreme Court of Appeals which has administrative authority over the courts. The Supreme Court of Appeals shall provide uniform referral, procedure and order forms that shall be used in all drug courts in this state.

§62-15-6a. Treatment supervision.

            (a) A felony drug offender is eligible for treatment supervision only if the offender would otherwise be sentenced to prison, and the standardized risk and needs assessment indicates the offender has a high risk for reoffending and a need for substance abuse treatment: Provided, That an inmate who is, or has been, convicted for a felony crime of violence against the person, a felony offense where the victim was a minor child or a felony offense involving the use of a firearm, as defined in subsections (o) and (p), section twenty-seven, article five, chapter twenty-eight of this code, shall not be eligible for treatment supervision.

            (b) As a condition of drug court, a condition of probation or as a modification of probation, a circuit court judge may impose treatment supervision on an eligible drug offender convicted of a felony: Provided, That a judge may impose treatment supervision on an eligible drug offender convicted of a felony, notwithstanding the results of the risk assessment, upon making specific written findings of fact as to the reason for the departure.

            (c) Whenever a circuit court judge determines that a treatment supervision participant has violated the conditions of his or her treatment supervision involving the participant’s use of alcohol or a controlled substance, the judge may order a period of incarceration to encourage compliance with program requirements.

            (1) Upon written finding by the circuit court judge that the participant would otherwise be sentenced to the custody of the Commissioner of Corrections for service of the underlying sentence, the cost of the incarceration order under this subsection, not to exceed a period of thirty days in any one instance, shall be paid by the Division of Corrections.

            (2) Whenever a circuit court judge orders the incarceration of a treatment supervision participant pursuant to this subsection, a copy of the order of confinement shall be provided by the clerk of the circuit court within five days to the Commissioner of Corrections.

            (d) The Division of Justice and Community Services shall in consultation with the Governor's Advisory Council on Substance Abuse, created by Executive Order No. 5-11, use appropriated funds to develop proposed substance abuse treatment plans to serve those offenders under treatment supervision in each judicial circuit and on parole supervision.

            (e) The Division of Justice and Community Services, in consultation with the Governor's Advisory Committee on Substance Abuse, shall develop:

            (1) Qualifications for provider certification to deliver a continuum of care to offenders;

            (2) Fee reimbursement procedures; and

            (3) Other matters related to the quality and delivery of services.

            (f) The Division of Justice and Community Services shall require education and training for providers which shall include, but not be limited to, cognitive behavioral training. The duties of providers who provide services under this section may include: notifying the probation department and the court of any offender failing to meet the conditions of probation or referrals to treatment; appearing at revocation hearings when required; and providing assistance with data reporting and treatment program quality evaluation.

            (g) The cost for all drug abuse assessments and certified drug treatment under this section and subsection (e), section seventeen, article twelve of this chapter shall be paid by the Division of Justice and Community Services from funds appropriated for that purpose. The Division of Justice and Community Services shall contract for payment for the services provided to eligible offenders.

            (h) The Division of Justice and Community Services, in consultation with the Governor's Advisory Council on Substance Abuse, shall submit an annual report on or before September 30, to the Governor, the Speaker of the House of Delegates, the President of the Senate and, upon request, to any individual member of the Legislature containing:

            (1) The dollar amount and purpose of funds provided for the fiscal year;

            (2) The number of people on treatment supervision who received services and whether their participation was the result of a direct sentence or in lieu of revocation;

            (3) The number of people on treatment supervision who, pursuant to a judge’s specific written findings of fact, received services despite the risk assessment indicating less than high risk for reoffending and a need for substance abuse treatment;

            (4) The type of services provided;

            (5) The rate of revocations and successful completions for people who received services;

            (6) The number of people under supervision receiving treatment under this section who were rearrested and confined within two years of being placed under supervision;

            (7) The dollar amount needed to provide services in the upcoming year to meet demand and the projected impact of reductions in program funding on cost and public safety measures; and

            (8) Other appropriate measures used to measure the availability of treatment and the effectiveness of services.

            (i) Subsections (a), (b), and (c) of this section shall take effect on January 1, 2014. The remaining provisions of this section shall take effect on July 1, 2013.

§62-15-6b. Intermediate incarceration sanctions for drug court participants; responsibility for costs of incarceration.

            (a) Whenever a judge of a drug court determines that a participant who has pled to a felony offense has committed a violation of his or her conditions of participation which would, in the judge’s opinion, warrant a period of incarceration to encourage compliance with program requirements, the cost of the incarceration, not to exceed a period of thirty days in any one instance, shall be paid by the Division of Corrections. The judge must make a written finding that the participant would otherwise be sentenced to the custody of the Commissioner of Corrections for service of the underlying sentence.

            (b) Whenever a drug court judge incarcerates a participant pursuant to subsection (a) of this section, the clerk of the circuit court shall provide a copy of the order of confinement within five days to the Commissioner of Corrections.”

            On motion of Delegate Miley, the amendment was amended on page nineteen, section six, by striking out section six in its entirety and inserting in lieu thereof the following:

§61-7-6. Exceptions as to prohibitions against carrying concealed handguns; exemptions

                        from licensing fees.

            (a) The licensure provisions set forth in this article do not apply to:

            (1) Any person:

            (A) Carrying a deadly weapon upon his or her own premises; nor shall anything herein prevent a person from

            (B) Carrying any a firearm, unloaded, from the place of purchase to his or her home, residence or place of business or to a place of repair and back to his or her home, residence or place of business; nor shall anything herein prohibit a person or

            (C) from Possessing a firearm while hunting in a lawful manner or while traveling from his or her home, residence or place of business to a hunting site and returning to his or her home, residence or place of business;

            (2) Any person who is a member of a properly organized target-shooting club authorized by law to obtain firearms by purchase or requisition from this state or from the United States for the purpose of target practice from carrying any pistol, as defined in this article, unloaded, from his or her home, residence or place of business to a place of target practice and from any place of target practice back to his or her home, residence or place of business, for using any such weapon at a place of target practice in training and improving his or her skill in the use of the weapons;

            (3) Any law-enforcement officer or law-enforcement official as defined in section one, article twenty-nine, chapter thirty of this code;

            (4) Any employee of the West Virginia Division of Corrections duly appointed pursuant to the provisions of section five eleven-c, article five one, chapter twenty-five twenty-eight of this code while the employee is on duty;

            (5) Any member of the armed forces of the United States or the militia of this state while the member is on duty;

            (6) Any circuit judge, including any retired circuit judge designated senior status by the Supreme Court of Appeals of West Virginia, prosecuting attorney, assistant prosecuting attorney or a duly appointed investigator employed by a prosecuting attorney;

            (7)(6) Any resident of another state who holds a valid permit or license to possess or carry a concealed weapon handgun issued by a state or a political subdivision which has entered into a reciprocity agreement with this state, subject to the provisions and limitations set forth in section six-a of this article;

            (8)(7) Any federal law-enforcement officer or federal police officer authorized to carry a weapon in the performance of the officer’s duty; and

            (9)(8) Any Hatfield-McCoy Regional Recreation Authority Ranger while the ranger is on duty; and

            (9) Any parole officer appointed pursuant to section fourteen article twelve, chapter sixty-two of this code in the performance of their duties.

            (b) On and after July 1, 2013, the following judicial officers and prosecutors and staff shall be exempted from paying any application fees or licensure fees required under this article. However, on and after that same date, they shall be required to make application and satisfy all licensure and handgun safety and training requirements set forth in section four of this article before carrying a concealed handgun in this state:

            (1) Any justice of the Supreme Court of Appeals of West Virginia;

            (2) Any circuit judge;

            (3) Any retired justice or retired circuit judge designated senior status by the Supreme Court of Appeals of West Virginia;

            (4) Any family court judge;

            (5) Any magistrate;

            (6) Any prosecuting attorney;

            (7) Any assistant prosecuting attorney; or

            (8) Any duly appointed investigator employed by a prosecuting attorney.

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

            The yeas and nays having been ordered, they were taken (Roll No. 282), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Gearheart, J. Nelson and Walters.

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

            Delegate Armstead moved to amend the amendment on page six, section twenty-seven, line thirteen, by striking out subsection (m) in its entirety and inserting in lieu thereof the following:

            “(m) Prior to the calculated discharge date of an inmate who is serving a sentence for an offense not referenced in subsection (l) of this section, six months shall be deducted from the inmate’s accumulated good time to provide six months of mandatory post release supervision following the first instance in which the inmate reaches his or her calculated discharge date. All inmates released pursuant to this subsection shall be subject to electronic or GPS monitoring for the entire period of supervision. The provisions of this subsection are applicable to offenses committed on or after July 1, 2013.”

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

            The yeas and nays having been ordered, they were taken (Roll No. 283), and there were--yeas 37, nays 61, absent and not voting 2, with the yeas and absent and not voting being as follows:

            Yeas: Ambler, Anderson, Andes, Armstead, Arvon, Azinger, Border, Butler, Cadle, Cooper, Cowles, Ellington, Espinosa, D. Evans, Faircloth, Folk, Frich, Gearheart, Hamrick, Householder, Howell, Ireland, Kump, Lane, McCuskey, Miller, E. Nelson, O’Neal, Overington, Raines, Rowan, Shott, R. Smith, Sobonya, Storch, Sumner and Westfall.

            Absent and Not Voting: J. Nelson and Walters.

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

            Delegate Armstead then moved to amend the amendment on page six, section twenty-seven, line thirteen, after the following: “(m)”, by inserting the following: “(1)”

            And,

            On page six, section twenty-seven, after line twenty-two, by inserting a new subdivision, to read as follows:

            “(2) After September 1, 2013, the Division of Corrections, in consultation with the Division of Justice and Community Services, shall submit a monthly report on or before the fifteenth day of the following month, to the Governor, each member of the Joint Committee on Government and Finance and, upon request, to any individual member of the Legislature, providing information regarding inmates who have been released on post-release mandatory supervision pursuant to this subsection that have violated the terms and conditions of release or have been charged with or convicted of an offense, other than a minor traffic violation or violated a term or condition of release, and shall include the following:

            (a) The name of each inmate who is on post-release mandatory supervision pursuant to this subsection that has been charged with or convicted of an offense while on post-release mandatory supervision, other than a minor traffic violation, together with:

            (1) The date of release and the date of the offense or violation;

            (2) The offense with which the inmate has been charged or convicted; and

            (3) The disposition of the charge or conviction and/or the term or condition of supervised release violated.

            (b) The number of inmates currently on mandatory supervised release;

            (c) The number of inmates who have successfully post-release mandatory supervision during the previous month; and

            (d) The total number of inmates placed on mandatory supervised release under this section who were charged or convicted of an offense within two years of being released from supervision, together with the identification of the offense.

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

            The yeas and nays having been ordered, they were taken (Roll No. 284), and there were--yeas 35, nays 62, absent and not voting 3, with the yeas and absent and not voting being as follows:

            Yeas: Ambler, Anderson, Andes, Armstead, Arvon, Ashley, Border, Butler, Cadle, Cooper, Cowles, Ellington, Espinosa, D. Evans, Faircloth, Folk, Frich, Gearheart, Hamrick, Householder, Howell, Ireland, Kump, Lane, Miller, E. Nelson, O'Neal, Overington, Pasdon, Raines, R. Smith, Sobonya, Storch, Sumner and Westfall.

            Absent and Not Voting: J. Nelson, L. Phillips and Walters.

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

            Delegate Armstead moved to amend the amendment on page thirty-three, section ten, line eleven, by striking out the word: “special”.

            On pages fifty-six and fifty-seven, section nineteen, lines four and ten, by striking out word “special” in each of said lines.

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

            The yeas and nays having been ordered, they were taken (Roll No. 285), and there were--yeas 36, nays 62, absent and not voting 2, with the yeas and absent and not voting being as follows:

            Yeas: Ambler, Anderson, Andes, Armstead, Arvon, Border, Butler, Cadle, Cooper, Cowles, Ellington, Espinosa, D. Evans, Faircloth, Folk, Frich, Gearheart, Hamrick, Householder, Howell, Ireland, Kump, Lane, McCuskey, Miller, E. Nelson, O'Neal, Overington, Pasdon, Raines, Rowan, R. Smith, Sobonya, Storch, Sumner and Westfall.

            Absent and Not Voting: J. Nelson and Walters.

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

            Delegate Armstead moves to amend the amendment on page ten, following section six, line twenty-one, by inserting a new article to read as follows:

ARTICLE 14. WEST VIRGINIA SENTENCING COMMISSION.

§61-14-1. Creation of sentencing commission; how members are appointed; no compensation                          for service of members; terms of office for members; what constitutes                          quorum; how chairperson elected; Executive Director.

            (a) There is hereby created a West Virginia Sentencing Commission.

            (b) The commission consists of the following members, who shall serve without compensation:

            (1) Two members are from the West Virginia House of Delegates, to be appointed by the Speaker of the House;

            (2) Two members are members of the West Virginia Senate, to be appointed by the President of the Senate;

            (3) Seven members are current or retired circuit judges, magistrates or municipal court judges, to be appointed to their membership on this commission by the Governor;

            (4) Two members that are citizens of the State of West Virginia, with no required prerequisite other than citizenship in this state, to be appointed by the Governor;

            (5) The presiding Chief Justice of the West Virginia Supreme Court of Appeals, who shall serve as an ex officio member.

            (c) Each member serves a two-year term, with the exception of the ex officio members who shall serve as long as they shall hold their respective offices.

            (d) The chairperson of this commission shall be elected by the other members of the commission.

            (e) Seven members of the commission constitute a quorum.

            (f) The Commission shall elect one of its members to serve as the Executive Director of the Commission and will provide administrative services.

§61-14-2. Purpose of Sentencing Commission.

            The Legislature hereby finds and declares that:

            (a) There is a need for fair and uniform sentencing;

            (b) There is a need for research on issues regarding sentencing in order to promote a fuller understanding of the efficient, just and fair operation of this state’s criminal justice system;

            (c) There is a need for establishing priorities with regard to the severity of the criminal offenses;

            (d) There is a need to utilize the limited correctional resources in a manner best able to fulfill the goals of criminal punishment, rehabilitation and protection of the public.

§61-14-3. Objectives of the commission.

            The Sentencing Commission shall pursue the following objectives:

            (a) Promoting sentencing that more accurately reflects the time that an offender will actually be incarcerated;

            (b) Reducing unwarranted disparity in sentences for offenders who have committed similar offenses and have similar criminal histories;

            (c) Preserving meaningful judicial discretion in the imposition of sentences and sufficient flexibility to permit individualized sentences;

            (d) Ensuring that sentencing judges in every jurisdiction in the state are able to impose the most appropriate criminal penalties including correctional options programs for appropriate nonviolent offenders; and

            (e) Determining whether the state needs to set out all criminal offenses in terms of priority in order of severity and harm to society and to provide alternatives to incarceration for certain offenses.

§61-14-4. Powers and duties of the commission.

            The Sentencing Commission established pursuant to this article has the following powers and duties:

            (a) The commission shall establish general policies and propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code as are necessary to carry out the purposes of this article;

            (b) The commission may request such information, data and reports from any officer or agency of the state government as the commission may from time to time require and as may be produced consistent with other law;

            (c) The commission may issue invitations requesting the attendance and testimony of witnesses and the production of any evidence that relates directly to a matter with respect to which the commission or any member thereof is empowered to make a determination under this article;

            (d) The commission shall establish a research and development program within the commission for the purpose of:

            (1) Serving as a clearinghouse and information center for the collection, preparation and dissemination of information on sentencing practices;

            (2) Assisting and serving in a consulting capacity to state courts, departments and agencies in the development, maintenance and coordination of sound sentencing practices;

            (e) The commission shall collect data obtained from studies, research and the empirical experience of public and private agencies concerning the sentencing processes;

            (f) The commission shall publish data concerning the sentencing process;

            (g) The commission shall collect and disseminate information concerning sentences actually imposed;

            (h) The commission shall, collect and disseminate information regarding effectiveness of sentences imposed;

            (i) The commission shall make recommendations to the Legislature concerning modification or enactment of sentencing and correctional statutes which the commission finds to be necessary and advisable to carry out an effective, humane and rational sentencing policy;

            (j) The commission shall establish a plan and timetable to collect and disseminate information relating to incapacitation, recidivism, deterrence and overall effectiveness of sentences imposed;

            (k) The commission shall evaluate the state’s sentencing and correctional laws and policies and make recommendations to the Governor and the Legislature on or before January 1, 2014, and at its discretion thereafter or at the request of the President of the Senate or the Speaker of the House of Delegates, regarding the following issues:

            (1) Whether the state should adopt guided discretion sentencing guidelines and, if so, what type of guided discretion sentencing guidelines should be adopted;

            (2) Whether the state should alter the manner in which an inmate may obtain credit for good time served or release on mandatory supervision;

            (3) Whether the state needs to take action to ensure that there is a coordinated system of correctional options to incarceration at the state and county levels and, if so, what action should be taken; and

            (4) Any other matters relating to state and local laws and policies governing sentencing, parole, mandatory supervision and correctional options programs.

            And,

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

            “That §25-1-15 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §28-5-27 of said code be amended and reenacted; that said code be amended by adding thereto two new sections, designated §31-20-5g and §31-20-5h; that §61-7-6 of said code be amended and reenacted; that said code be amended by adding thereto a new article, designated §61-13-1, §61-13-2, §61-13-3 and §61-13-4; that §62-11A-1a of said code be amended and reenacted; that §62-11B-9 of said code be amended and reenacted; that §62-11C-2, §62-11C-3 and §62-11C-6 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §62-11C-10; that §62-12-6, §62-12-7, §62-12-9, §62-12-10, §62-12-13, §62-12-14a, §62-12-15, §62-12-17 and §62-12-19 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §62-12-29; that §62-15-2 and §62-15-4 of said code be amended and reenacted; and that said code be amended by adding thereto two new sections, designated §62-15-6a and §62-15-6b, all to read as follows:”

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

            The yeas and nays having been ordered, they were taken (Roll No. 286), and there were--yeas 33, nays 65, absent and not voting 2, with the yeas and absent and not voting being as follows:

            Yeas: Ambler, Anderson, Armstead, Arvon, Ashley, Border, Butler, Cadle, Canterbury, Cooper, Cowles, Ellington, Espinosa, D. Evans, Faircloth, Folk, Frich, Hamrick, Howell, Ireland, Kump, Lane, Miller, E. Nelson, O’Neal, Overington, Raines, Rowan, Shott, R. Smith, Sobonya, Sumner and Westfall.

            Absent and Not Voting: J. Nelson and Walters.

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

            There being no further amendments, the amendment, recommended by the Committee on the Finance, as amended, was then adopted.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 386, Relating to personal safety orders; 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 as follows:

ARTICLE 8. PERSONAL SAFETY ORDERS.

§53-8-4. Petition seeking relief.

            (a) Underlying acts. -- A petitioner may seek relief under this article by filing with a magistrate court a petition that alleges the commission of any of the following acts against the petitioner by the respondent:

            (1) A sexual offense or attempted sexual offense as defined in section one of this article; or

            (2) A violation of section nine-a, article two, chapter sixty-one of this code Repeated credible threats of bodily injury when the person making the threats knows or has reason to know that the threats cause another person to reasonably fear for his or her safety.

            (b) Contents. --

            The petition shall:

            (1) Be verified and provide notice to the petitioner that an individual who knowingly provides false information in the petition is guilty of a misdemeanor and, on conviction upon conviction thereof, is subject to the penalties specified in subsection (d) of this section;

            (2) Subject to the provisions of subsection (c) of this section, contain the address of the petitioner; and

            (3) Include all information known to the petitioner of:

            (A) The nature and extent of the act specified in subsection (a) of this section for which the relief is being sought, including information known to the petitioner concerning previous harm or injury resulting from an act specified in subsection (a) of this section by the respondent;

            (B) Each previous and pending action between the parties in any court; and

            (C) The whereabouts of the respondent.

            (c) Address may be stricken. -- If, in a proceeding under this article, a petitioner alleges, and the court finds, that the disclosure of the address of the petitioner would risk further harm to the petitioner or a member of the petitioner’s household, that address may be stricken from the petition and omitted from all other documents filed with, or transferred to, a court.

            (d) Providing false information. -- An individual who knowingly provides false information in a petition filed under this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $1,000 or confined in jail not more than ninety days, or both.

            (e) Withdrawal or dismissal of a petition prior to adjudication operates as a dismissal without prejudice. -- No action for a personal safety order may be dismissed because the respondent is being prosecuted for a crime against the petitioner. For any action commenced under this article, dismissal of a case or a finding of not guilty does not require dismissal of the action for a civil protection order.

            (f) Venue. -- The action may be heard in the county in which any underlying act occurred for which relief is sought in the petition, in the county in which the respondent is living, or in the county in which the petitioner is living, either temporarily or permanently.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 401, Relating to Board of Registration for Professional Engineers; 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 thirteen, line forty-three, following the words “requirements of the”, by striking out the word “forgoing” and replacing it with the word “foregoing”.

            On page five, section thirteen, line fifty-three, following the words “this article and”, by striking out the word “possessing” and inserting in lieu thereof the word “possesses”.

            On page six, section thirteen, line fifty-nine, by striking out subdivision two in it’s entirety, and inserting in lieu thereof a new subdivision two to read as follows:

            “(2) Holds a valid council record with NCEES, which is the compilation of documents maintained by NCEES of an applicant’s qualifications as a professional engineer, including official transcripts, engineering examination results, employment verifications and references, which indicates that the applicant meets the requirements of this article.”

            On page six, section thirteen, line seventy-one, following the words “as a professional engineer”, by striking out the comma and inserting in lieu thereof a period.

            The bill was then ordered to third reading.

            S. B. 407, Requiring cellular and phone companies provide certain information to Bureau for Child Support Enforcement; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 426, Relating to filings under Uniform Commercial Code as to secured transactions; 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 clause, by striking out the remainder of the bill, and inserting in lieu thereof, the following language:

            “That §46-4A-108 of the Code of West Virginia, 1931, as amended, be amended and reenacted, that §46-9-510, §46-9-516, §46-9-521 and §46-9-525 of said code, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §46-9-516a, all to read as follows:

ARTICLE 4A. FUNDS TRANSFERS.

§46-4A-108. Relationship to Electronic Fund Transfer Act.

            (a) Except as provided in subsection (b), this This article does not apply to a funds transfer any part of which is governed by the Electronic Fund Transfer Act of 1978 (Title XX, Public Law 95-630, 92 Stat. 3728, 15 U.S.C. §1693 et seq.) as amended from time to time.

            (b) This article applies to a funds transfer that is a remittance transfer as defined in the Electronic Fund Transfer Act (15 U.S.C. §1693o-1) as amended from time to time, unless the remittance transfer is an electronic fund transfer as defined in the Electronic Fund Transfer Act(15 U.S.C. §1693a) as amended from time to time.

            (c) In a funds transfer to which this Article applies, in the event of an inconsistency between an applicable provision of this article and an applicable provision of the Electronic Fund Transfer Act, the provision of the Electronic Fund Transfer Act governs to the extent of the inconsistency.

ARTICLE 9. SECURED TRANSACTIONS; SALES OF ACCOUNTS AND CHATTEL PAPER.

§46-9-510. Effectiveness of filed record.

            (a) Filed record effective if authorized. – A filed record is effective only to the extent that it was filed by a person that may file it under section 9-509.

            (b) Authorization by one secured party of record. – A record authorized by one secured party of record does not affect the financing statement with respect to another secured party of record.

            (c) Continuation statement not timely filed. – A continuation statement that is not filed within the six-month period prescribed by section 9-515(d) is ineffective.

            (d) A filed record ceases to be effective if the filing office terminates the record pursuant to section 9-516a.

§46-9-516. What constitutes filing; effectiveness of filing.

            (a) What constitutes filing. – Except as otherwise provided in subsection (b) of this section, communication of a record to a filing office and tender of the filing fee or acceptance of the record by the filing office constitutes filing.

            (b) Refusal to accept record; filing does not occur. – Filing does not occur with respect to a record that a filing office refuses to accept because:

            (1) The record is not communicated by a method or medium of communication authorized by the filing office;

            (2) An amount equal to or greater than the applicable filing fee is not tendered;

            (3) The filing office is unable to index the record because:

            (A) In the case of an initial financing statement, the record does not provide a name for the debtor;

            (B) In the case of an amendment or information statement, the record:

            (i) Does not identify the initial financing statement as required by 9-512 or 9-518, as applicable; or

            (ii) Identifies an initial financing statement whose effectiveness has lapsed under section 9-515; or

            (iii) Identifies an initial financing statement which was terminated pursuant to section 9-516a;

            (C) In the case of an initial financing statement that provides the name of a debtor identified as an individual or an amendment that provides a name of a debtor identified as an individual which was not previously provided in the financing statement to which the record relates, the record does not identify the debtor’s surname; or

            (D) In the case of a record filed or recorded in the filing office described in section 9-501(a)(1), the record does not provide a sufficient description of the real property to which it relates; or

            (E) In the case of a record submitted to the filing office described in section 9-501(a)(1), the filing office has reason to believe, from information contained in the record or from the person that communicated the record to the office, that:

            (i) If the record indicates that the debtor is a transmitting utility, the debtor does not meet the definition of a transmitting utility as described in section 9-102(a)(81);

            (ii) If the record indicates that the transaction relating to the record is a manufactured home transaction, the transaction does not meet the definition of a manufactured home transaction as described in section 9-102(a)(54); or

            (iii) If the record indicates that the transaction relating to the record is a public finance transaction, the transaction does not meet the definition of a public finance transaction as described in section 9-102(a)(70);

            (4) In the case of an initial financing statement or an amendment, if the filing office believes in good faith that the record was communicated to the filing office in violation of section 9-516a;

            (4) (5) In the case of an initial financing statement or an amendment that adds a secured party of record, the record does not provide a name and mailing address for the secured party of record;

            (5) (6) In the case of an initial financing statement or an amendment that provides a name of a debtor which was not previously provided in the financing statement to which the amendment relates, the record does not:

            (A) Provide a mailing address for the debtor;

            (B) Indicate whether the name provided as the name of the debtor is the name of an individual or an organization;

            (6) (7) In the case of an assignment reflected in an initial financing statement under section 9-514(a) or an amendment filed under section 9-514(b), the record does not provide a name and mailing address for the assignee; or

            (7) (8) In the case of a continuation statement, the record is not filed within the six-month period prescribed by section 9-515(d).

            (c) Rules applicable to subsection (b). – For purposes of subsection (b):

            (1) A record does not provide information if the filing office is unable to read or decipher the information; and

            (2) A record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by section 9-512, 9-514 or 9-518, is an initial financing statement.

            (d) Refusal to accept record; record effective as filed record. – A record that is communicated to the filing office with tender of the filing fee, but which the filing office refuses to accept for a reason other than one set forth in subsection (b) of this section, is effective as a filed record except as against a purchaser of the collateral which gives value in reasonable reliance upon the absence of the record from the files.

            (e) Administrative review. --  If the Secretary of State determines that a financing statement which identities a public official or employee as a debtor is fraudulent or that an individual debtor and an individual secured party would appear to be the same individual on the financing statement or that the individual debtor claims to be a transmitting utility, without supporting documents, the Secretary may commence administrative proceedings to remove the statement from its records in accordance with the provisions of article five, chapter twenty-nine-a of this code.

            (1) Upon the commencement of proceedings pursuant to this subsection, the Secretary of State shall identify the financing statement in its records as subject to administrative review and publish a notice in the West Virginia Register regarding the proceedings.

            (2) A financing statement may be found to be fraudulent only if, based upon clear and convincing evidence, no good faith basis exists upon which to conclude that the secured party was authorized to file the statement and the statement was submitted for the purpose of harassment or intimidation or fraudulent intent of the alleged debtor.

            (3) If upon the completion of administrative review, it is determined that the filing of a financing statement was fraudulent, the filing party shall be assessed all costs incurred by the Secretary in reaching a final determination, including reimbursement for all costs of the hearing. The filing party may also be subject to a civil penalty not exceeding $500 per fraudulent filing. If upon completion of administrative review or any subsequent appeal of a decision of the Secretary of State, it is determined that a filing subject to appeal is not fraudulent, the secretary or court may award the prevailing party reasonable costs and expenses, including attorney fees.

            (4) The Secretary of State shall annually submit a report to the Legislature regarding actions taken against fraudulent filings pursuant to this section which identifies the number and characteristics of such proceedings, identifies any creditors found to have made fraudulent filings, describes proceedings initiated by the secretary in which it is ultimately determined that fraudulent filings did not occur, describes the number and type of complaints received by the secretary in which it is alleged that fraudulent filings have occurred, and describes the actions taken by the secretary to investigate complaints concerning allegedly fraudulent filings and the results of the investigations.

            (5) A decision by the secretary to remove a financing statement determined to have been fraudulently filed subject to appeal de novo to the circuit court of Kanawha County. Pending the outcome of an appeal, the financing statement may not be removed from the records of the Secretary, but shall be identified in the records as having been adjudicated to be fraudulent, subject to a pending appeal by the putative creditor.

            (6) A financing statement filed by a regulated financial institution is not subject to the provisions of this section. For the purposes of this section, a regulated financial institution is a bank, bank and trust company, trust company, savings bank, savings association, building and loan association, credit union, consumer finance company, insurance company, investment company, mortgage lender or broker, securities broker, dealer or underwriter, or other institution chartered, licensed, registered or otherwise authorized under federal law, the law of this state or any other state, to engage in secured lending.

§46-9-516a. Filing fraudulent records; civil and criminal penalties; administrative proceedings; immunity from liability.

            (a) No person may cause to be communicated to the filing office for filing a false record the person knows or reasonably should know:

            (1) Is not authorized or permitted under sections 9-509, 9-708 or 9-808; and

            (2) Is filed with the intent to harass or defraud the person identified as debtor in the record or any other person.

            (b) Any person who violates subsection (a) of this section shall, for a first offense, be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1000 or, in the discretion of the court, be confined in jail not more than twelve months, or both fined and confined. Any person who violates subsection (a) of this section shall, for a second or subsequent offense, be guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one nor more than five years.

            (c) Any person who violates subsection (a) of this section is liable in a civil action to each injured person for:

            (1) The greater of the actual damages caused by the violation or up to $10,000 in lieu of actual damages;

            (2) Reasonable attorney fees;

            (3) Court costs and other related expenses of bringing an action including reasonable investigative expenses; and

            (4) In the discretion of the court, punitive damages in an amount determined by the court or jury.

            (d) A person identified as a debtor in a filed record the person believes was caused to be communicated to the filing office in violation of subsection (a) of this section may, under penalty of perjury, file with the Secretary of State an affidavit to that effect. The Secretary of State shall adopt and make available a form affidavit for use under this section.

            (e) Upon receipt of an affidavit filed under this section, or upon administrative action by the Secretary of State, the Secretary of State shall communicate to the secured party of record on the record to which the affidavit or administrative action relates and to the person who communicated the record to the filing office, if different and known to the office, a request for additional documentation supporting the effectiveness of the record. The Secretary of State shall review all such documentation received within thirty days after the first request for additional documentation is sent if the Secretary of State has a reasonable basis for concluding that the record was communicated to the filing office in violation of subsection (a) of this section.

            The Secretary of State may initiate an administrative action under this subsection with regard to a filed record if the Secretary of State has reason to believe, from information contained in the record or obtained from the person who communicated the record to the filing office, that the record was communicated to the filing office in violation of subsection (a) of this section. The Secretary of State may give heightened scrutiny to a record that indicates the debtor is a transmitting utility or that indicates the transaction to which the record relates is a manufactured home transaction or a public finance transaction.

            (f) The Secretary of State may not charge a fee to file an affidavit under this section and may not return a fee paid for filing a record terminated under this section.

            (g) The Secretary of State shall promptly communicate to the secured party of record a notice of the termination of a record under subsection (e) of this section. A secured party of record who believes in good faith that the record was not communicated to the filing office in violation of subsection (a) of this section may file an action to require that the record be reinstated by the filing office. A person who communicated a record to the filing office that the filing office rejected in reliance on section 9-516(b)(4), who believes in good faith that the record was not communicated to the filing office in violation of section 9-516(b)(4), may file an action to require that the record be accepted by the filing office. The jurisdiction for the action is the circuit court of Kanawha County.

            (h) If the court determines that a record terminated under this section or rejected in reliance on section 9-516(b)(4) should be reinstated or accepted, the court shall provide a copy of an order to that effect to the Secretary of State. On receipt of an order reinstating a terminated record, the Secretary of State shall refile the record along with a notice indicating that the record was refiled pursuant to this section and its initial filing date. On receipt of an order requiring that a rejected record be accepted, the Secretary of State shall promptly file the record along with a notice indicating that the record was filed pursuant to this section and the date on which it was communicated for filing. A rejected record that is filed pursuant to an order of a court shall have the effect described in section 9-516(d) for a record the filing office refuses to accept for a reason other than one set forth in section 9-516(b).

            (i) A terminated record that is refiled under subsection (h) of this section is effective as a filed record from the initial filing date. If the period of effectiveness of a refiled record would have lapsed during the period of termination, the secured party may file a continuation statement within thirty days after the record is refiled and the continuation statement has the same effect as if it had been filed during the six-month period described in section 9-515(d). A refiled record is considered never to have been ineffective against all persons and for all purposes except that it is not effective as against a purchaser of the collateral that gave value in reasonable reliance on the absence of the record from the files.

            (j) Neither the filing office nor any of its employees incur liability for the termination or failure to accept a record for filing in the lawful performance of the duties of the office or employee.

            (k) This section does not apply to a record communicated to the filing office by a regulated financial institution or by a representative of a regulated financial institution, except that the Secretary of State may request from the secured party of record on the record or from the person that communicated the record to the filing office, if different and known to the office, additional documentation supporting that the record was communicated to the filing office by a regulated financial institution or by a representative of a regulated financial institution. For the purposes of this section the term ‘regulated financial institution’ means a financial institution subject to regulatory oversight or examination by a state or federal agency and includes banks, savings banks, savings associations, building and loan associations, credit unions, consumer finance companies, industrial banks, industrial loan companies, investment funds, installment sellers, mortgage servicers, sales finance companies and leasing companies.

            (l) If a record was communicated to the filing office for filing before the effective date of this section, and its communication would have constituted a violation of subsection (a) of this section if it had occurred on or after the effective date of this section:

            (i) Subsections (b) and (c) are not applicable; and

            (ii) The remaining subsections of this section are applicable.

§46-9-521. Written financing statement and amendment thereto.

            (a) Initial financing statement. – A filing office that accepts written records may not refuse to accept a written initial financing statement in the following form and format except for a reason set forth in section 9-516(b): Provided, That the written record must be on the most recent revision of the appropriate form as approved by the International Association of Commercial Administrators.

            (b) Amended financing statement. – A filing office that accepts written records may not refuse to accept an amended written record in the following form and format except for a reason set forth in section 9-516(b): Provided, That the written record must be on the most recent revision of the appropriate form as approved by the International Association of Commercial Administrators.

§46-9-525. Fees.

            (a) Initial financing statement or other record: general rule. -- Except as otherwise provided in subsection (e) of this section, the fee for filing and indexing a record under this part, other than an initial financing statement of the kind described in subsection (b) of this section, is the amount specified in subsection (c) of this section, if applicable, plus:

            (1) Ten $20 dollars if the record is communicated in writing and consists of one or two pages; and

            (2) Ten $20 dollars if the record is communicated in writing and consists of more than two pages; and

            (3) Ten $20 dollars if the record is communicated by another medium authorized by filing-office rule.

            (b) Initial financing statement: Public-finance and manufactured housing transactions. -– Except as otherwise provided in subsection (e) of this section, the fee for filing and indexing an initial financing statement of the following kind is the amount specified in subsection (c) of this section, if applicable, plus:

            (1) Ten dollars $20 if the financing statement indicates that it is filed in connection with a public-finance transaction;

            (2) Ten dollars $20 if the financing statement indicates that it is filed in connection with a manufactured-home transaction.

            (c) Number of names. -- The number of names required to be indexed does not affect the amount of the fee in subsections (a) and (b) of this section.

            (d) Response to information request. -- The fee for responding to a request for information from the filing office, including for issuing a certificate showing whether there is on file any financing statement naming a particular debtor, is:

            (1) Five dollars $10 if the request is communicated in writing;

            (2) Five dollars $10 if the request is communicated by another medium authorized by filing-office rule; and

            (3) Fifty cents $1 per page for each active lien.

            (e) Record of mortgage. –- This section does not require a fee with respect to a record of a mortgage which is effective as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut under section 9-502(c) of this article. However, the recording and satisfaction fees that otherwise would be applicable to the record of the mortgage apply.

            (f) Deposit of funds. -– All fees and moneys collected by the Secretary of State pursuant to the provisions of this article shall be deposited by the Secretary of State as follows: One-half shall be deposited in the special revenue account created by section 59-1-59(c)(4)(B), to provide civil legal services for low income persons, one-fourth shall be deposited in the state fund, general revenue, and one-half one-fourth shall be deposited in the service fees and collections account established by section two, article one, chapter fifty-nine of this code 59-1-2 for the operation of the office of the Secretary of State. Any balance remaining on June 30, 2001, in the existing special revenue account entitled ‘uniform commercial code’ as established by chapter two hundred four, acts of the Legislature, 1989 regular session, shall be transferred to the service fees and collections account established by section two, article one, chapter fifty-nine of this code 59-1-2 for the operation of the office of the Secretary of State. The Secretary of State shall dedicate sufficient resources from that fund or other funds to provide the services required in this article, unless otherwise provided by appropriation or other action by the Legislature.”

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 437, Regulating commercial dog-breeding operations; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            S. B. 441, Relating to withdrawal of erroneous state tax liens; 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 six, section twelve, line seventy-nine, following the word “lien”, by striking out the remainder of the subsection and inserting in lieu thereof “shall be issued in duplicate. One copy shall be forwarded to the taxpayer, and the other copy shall be forwarded to the clerk of the county commission of the county wherein the lien is recorded. The clerk of the county commission shall record the withdrawal of lien without payment of any fee.

            On page seven, section two, line nineteen, following the word “lien”, by striking the words “for recordation shall be signed and delivered to the taxpayer by the proper officer” and inserting in lieu thereof “shall be issued in duplicate. One copy shall be forwarded to the taxpayer, and the other copy shall be forwarded to the clerk of the county commission of the county wherein the lien is recorded. The clerk of the county commission shall record the withdrawal of lien without payment of any fee.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 454, Relating to taxation of alternative motor fuels; 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 four, section two, subdivision four, line twenty-four, following the words “motor to propel”, by inserting the words “or operate”.

            On page twenty-five, section two, subdivision seventy-nine, line four hundred twenty-four, following the words “motor to propel”, by inserting the words “or operate”.

            On page sixty-three, section nineteen, subsection (c), line twenty-four, by striking out subsection (c), and inserting in lieu thereof a new subsection (c) to read as follows:

            (c) For the calendar years beginning on or after January 1, 2014, the tax levied by this article on alternative fuel that is subject to tax at the point of imposition prescribed in section six-a of this article, shall be paid by the alternative-fuel bulk end user, provider of alternative fuel or retailer of alternative fuel on or before January 31 of every year, unless determined by the tax commissioner that payment must be made more frequently, by check, bank draft or money order payable to the tax commissioner for the amount of tax due. The tax commissioner may require all or certain taxpayers to file tax returns and payments electronically. The return required by the tax commissioner shall accompany the payment of tax. If no tax is due, the return required by the tax commissioner shall be completed and filed on or before January 31.

            On page sixty-three, section eighteen-b, line one, following the word “(a) General. -“ by striking out the words “Effective January 1, 2004, all” and inserting in lieu thereof the word “All”.

            And,

            On page sixty-six, section eighteen-b, subsection (d), line fifty-eight, by striking out subdivision two in its entirety, and inserting in lieu thereof a new subdivision two, to read as follows:

            (2) The tax due under this article comprising the variable component of the tax due under article fourteen-c of this chapter on alternative fuel, is due and shall be collected and remitted at the time the tax imposed by section five, article fourteen-c of this chapter is due, collected and remitted.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 464, Regulating tanning facilities; on second reading, coming up in regular order, was read a second time.

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

            “That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §16-45-1, §16-45-2, §16-45-3, §16-45-4 and §16-45-5, all to read as follows:

ARTICLE 45. TANNING FACILITIES.

§16-45-1. Definitions.

            As used in this article:

            (1) ‘Photo therapy device’ means a device used for exposure to daylight or to specific wavelengths of light using lasers, light-emitting diodes, fluorescent lamps, dichroic lamps or very bright, full-spectrum light, usually controlled with various devices.

            (2) ‘Tanning device’ means any equipment that emits radiation used for tanning of the skin, such as a sun lamp, tanning booth or tanning bed, and includes any accompanying equipment, such as protective eye wear, timers and handrails.

            (3) ‘Tanning facility’ means any commercial location, place, area, structure or business where a tanning device is used for a fee, membership dues or other compensation.

§16-45-2. Exception for health care providers.

            Nothing in this article may be construed as prohibiting any health care provider licensed under chapter thirty of this code from performing any action within the scope of his or her practice that results in prescribing the use of a photo therapy device to a patient regardless of the patient’s age for treatment of a medical condition.

§16-45-3. Operation standards.

            (a) A tanning facility shall provide to any patron who wishes to use a tanning device located within its tanning facility a disclosure and consent form relating to use of a tanning device that contains the current United States Food and Drug Administration warning as follows: ‘Danger. Ultraviolet Radiation. Follow instructions. Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. REPEATED EXPOSURE MAY CAUSE PREMATURE AGING OF THE SKIN AND SKIN CANCER. WEAR PROTECTIVE EYEWEAR; FAILURE TO DO SO MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES. Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult physician before using tanning device if you are using medications or have a history of skin problems or believe yourself especially sensitive to sunlight. If you do not tan in the sun, you are unlikely to tan from use of this product.’

            The disclosure and consent form must have a place for the patron's signature and the date. A signed and dated copy of the disclosure and consent form shall be maintained by the tanning facility and remains valid for one year from the date it was signed.

            (b) All patrons are required to present proof of age prior to use of a tanning device. Proof of age shall be satisfied with a driver’s license or other government-issued identification containing the date of birth and a photograph of the individual. Persons under the age of eighteen may not be permitted to use a tanning device without the prior written consent of the person’s parent or legal guardian. Photographic identification of the parent or legal guardian is required. A copy of the signed parental or legal guardian consent shall be maintained by the tanning facility and remains valid for one year from the date it was signed. Persons under the age of fourteen may not be permitted to use a tanning device.

§16-45-4. Local health department authority to inspect.

            Local health departments shall have the authority to enter and inspect a tanning facility to determine compliance with the requirements of this article.

§16-45-5. Violations and penalties.

            (a) Any owner of a tanning facility who fails to obtain parental consent for a minor under the age of eighteen or otherwise violates the requirements of this article is guilty of a misdemeanor and, upon conviction thereof, for a first offense, shall be fined §100.

            (b) For a second offense, the owner is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than §250 nor more than §500.

            (c) For a third offense or subsequent offense, the owner is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than §500 nor more than §1,000.”

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 469, Clarifying service credit for certain PERS members; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 477, Relating to electronic registration of voters; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 481, Relating to juvenile mental health treatment; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 482, Relating to sale of voter registration lists; 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 two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof, the following language:

“CHAPTER 3. ELECTIONS.

ARTICLE 2. REGISTRATION OF VOTERS.

§3-2-30. Public inspection of voter registration records in the office of the clerk of the county commission; providing voter lists for noncommercial use; prohibition against resale of voter lists for commercial use or profit.

            (a) Any person may examine the active, inactive, rejected and canceled voter registration records during office hours of the clerk of the county commission in accordance with the provisions of chapter twenty-nine-b of this code. as follows:

            (1) When the active and inactive files are maintained on precinct registration books, any person may examine the files under the supervision of the clerk and obtain copies of records except when a precinct book is in temporary use for updating and preparing lists or during the time the books are sealed for use in an election. Other original voter registration records, including canceled voter records, pending applications, rejected applications, records of change requests, reinstatements and other documents, shall be available for inspection upon specific request; and

            (2) When the Active, inactive, rejected and canceled voter files are to be maintained in electronic data format. Any person may examine voter record information in printed form or in a read-only data format on a computer terminal set aside for public use, if available. The data files available for examination and copying shall include all registration and voting information maintained in the file, but may not include the registrant’s telephone number, email address, Social Security number or driver’s license number or nonoperator’s identification number issued by the Division of Motor Vehicles.

            (b) Printed lists of registered voters may be purchased for noncommercial use from the clerk of the county commission at a cost of 1¢ per name.

            (c) In counties maintaining active and inactive files in digitized data format, (b) The clerk of the county commission shall, upon request, prepare provide printed copies of the lists of voters for each precinct. No list prepared under this section may include the registrant’s telephone number, email address, Social Security number or driver’s license number or nonoperator’s identification number issued by the Division of Motor Vehicles. The clerk shall establish a written policy, posted within public view, listing the options for selection and sorting criteria and available data elements. The data elements shall include, at least:

            (1) The name, residence address, political party affiliation and status of the registrant;

            (2) The available formats of the lists; and

            (3) The times at which lists will be prepared. A copy of the county policy shall be filed with the Secretary of State no later than January 1 of each even-numbered year.

            (d) In counties which maintain voter files in a digitized data format, (c) Lists of registered voters may be obtained for noncommercial purposes in data format on disk or as a printed list provided and prepared by the clerk of the county commission at a cost of 1¢ per name. plus $10 for each disk required. No data file prepared under this subsection may include the registrant’s telephone number, email address, Social Security number or driver’s license number or nonoperator’s identification number issued by the Division of Motor Vehicles.

            (e) (d) The fees received by the clerk of the county commission shall be kept in a separate fund under the supervision of the clerk and may be used for the purpose of defraying the cost of the preparation of the voter lists. Any unexpended balance in the fund shall be transferred to the General Fund of the county commission. After deducting the costs of preparing voter lists, the clerk shall deposit the net proceeds from the sale of the voter lists in the State Election Fund as set forth in subsection b, section forty-eight, article one of this chapter.

            (f) (e) The Secretary of State may shall make voter lists available for sale subject to the limitations as provided in subsection (a) of this section. for counties. The cost for a partial list shall be one and one-half cents per name plus $10 for each disk required; the cost for a complete statewide list shall be one-half cent per name and a flat fee of $1,000. One cent per name for each voter from a particular county on each partial list and one-half cent per name for each voter from a particular county on each statewide list sold shall be reimbursed to the appropriate county. The fees for the voter lists shall be as prescribed in section two-b, article one, chapter fifty-nine of this code. The disk fee and one-half cent per name revenue associated with purchase of a partial list and the flat fee of $1,000 or associated with a complete statewide list shall be deposited to a special revenue account for purpose of defraying the cost of preparing the lists in the State Election Fund as set forth in subsection (b), section forty-eight, article one of this chapter.

            (g) An update to a previously purchased list may be provided by the Secretary of State or the clerk of the county commission at a prorated cost based on the amount of additional information provided. The additional rates charged by the clerk of the county commission shall be specified in the policy established pursuant to subsection (c) of this section.

            (h) (f) No voter registration lists or data files containing voter names, addresses or other information derived from voter data files obtained pursuant to the provisions of this article may be used for commercial or charitable solicitations or advertising, sold or reproduced for resale.

            (g) This section may not be interpreted to prevent the Secretary of State from sharing data files containing voter information with authorized service providers or sharing data across state lines with any state or local election official for the purpose of voter registration and election administration in accordance with this chapter or applicable federal law.

CHAPTER 59. FEES, ALLOWANCES AND COSTS; NEWSPAPERS; LEGAL ADVERTISEMENTS.

ARTICLE 1. FEES AND ALLOWANCES.

§59-1-2b. Purchase of voter registration lists and election data; fees.

            (a) Except as may be otherwise provided in this code, the Secretary of State shall charge the following fees for data originating in the statewide voter registration system to be paid by the person for whom the service is rendered at the time it is performed:

            (1) Election Cycle Subscription Service        $6,000

            (2) Statewide Voter Registration List             $500

            (3) Master Voter History List Export             $500

            (4) Statewide Early Voters List                      $200

            (5) Statewide Absentee Requests List            $200

            (6) Statewide Absentee Received List           $200

            (7) Partial Voter Registration List      Current hourly rate

            (8) Voter History List                         Current hourly rate

            (9) Complex Research Query             Current hourly rate

            (b) For the purposes of this section, ‘Election Cycle Subscription Service’ includes:

            (1) Statewide Registered Voter List updated monthly throughout the year and updated daily starting thirty days prior to election day through election day;

            (2) Master Voter History List Export following certification of the primary, general and odd-year elections;

            (3) Statewide All Mail-in Absentee Request List and Statewide Public Received Mail-in Absentee List for the primary, general and odd-year elections, updated daily starting thirty days prior to election day through ten days following election day; and

            (4) Statewide Early Voters List for the primary, general and odd-year elections, updated daily starting on the first day of early voting through election day.

            (c) At the time that a request is made under subdivisions (7), (8) or (9) of subsection (a) of this section, the current hourly rate, as determined by the Secretary of State, shall be communicated to the prospective purchaser along with an estimate of the number of hours needed to fulfill the request before any list is compiled.

            (d) Net proceeds from the sale of data originating in the statewide voter registration system, along with any interest on such funds, shall be deposited into the State Election Fund as set forth in subsection (b), section forty-eight, article one, chapter three of this code.

            The bill was then ordered to third reading.

            S. B. 515, Relating to use of television receivers and other devices in vehicles; on second reading, coming up in regular order, was read a second time.

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

ARTICLE 15. EQUIPMENT.

§17C-15-42. Video screens, video monitors and television receivers in view of driver prohibited; exceptions.

            (a) No motor vehicle shall may be operated on any a street or highway in this state when equipped with a television receiver, video monitor, television or video screen unless such receiver is so placed that the screen or picture tube of such receiver is visible only in the rear seat of such motor vehicle and not in view of the operator of such motor vehicle. the receiver, screen or monitor is configured so that the moving images are not in view of the operator while the vehicle is in motion, or it falls within one or more of the categories set forth in subsections (b) or (c) of this section.

            (b) This prohibition does not apply to the following equipment installed in a vehicle:

            (1) A visual display if it does not show video or television broadcast images in view of the operator while the motor vehicle is in motion;

            (2) A global positioning device;

            (3) A mapping display;

            (4) A visual display used to enhance or supplement the driver's view forward, behind or to the sides of a motor vehicle for the purpose of maneuvering the vehicle;

            (5) A visual display used to enhance or supplement a driver's view of vehicle occupants; or

            (6) Television-type receiving equipment used exclusively for safety or traffic engineering information.

            (c) A television receiver, video monitor, television or video screen or other similar means of visually displaying a television broadcast or video signal is not prohibited if the equipment has an interlock device that, when the motor vehicle is driven, disables the equipment for all uses except as a visual display described in subdivisions (1) through (6) of subsection (b) of this section.

            Delegate Howell moved to amend the amendment in subsection (a) of section forty-two on page one on line six immediately following the word “when”, by striking out the word “equipped with” and inserting the word “containing”.

            And,

            On page one, line seven, immediately following the word “television”, by inserting a comma and the words “computer display” .

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

            The yeas and nays having been ordered, they were taken (Roll No. 287), and there were--yeas 35, nays 63, absent and not voting 2, with the yeas and absent and not voting being as follows:

            Yeas: Ambler, Anderson, Andes, Armstead, Arvon, Ashley, Border, Butler, Cadle, Canterbury, Cooper, Cowles, Ellington, Espinosa, D. Evans, Faircloth, Folk, Frich, Gearheart, Hamilton, Hamrick, Householder, Howell, Ireland, Lane, Miller, O’Neal, Overington, Raines, Shott, R. Smith, Sobonya, Storch, Sumner and Westfall.

            Absent and Not Voting: J. Nelson and Walters.

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

            The amendment, recommended by the Committee on the Judiciary, was then adopted.

            The bill was then ordered to third reading.

            S. B. 523, Making supplementary appropriation of unappropriated moneys to various accounts; 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 as follows:

            “That the total appropriation for the fiscal year ending June 30, 2013, to fund 1058, fiscal year 2013, organization 0100, be supplemented and amended to read as follows:

TITLE II — APPROPRIATIONS.

Sec. 3. Appropriations from other funds.

EXECUTIVE

100-Governor’s Office

Minority Affairs Fund

(WV Code Chapter 5)

Fund 1058 FY 2013 Org 0100

Act-Other

                                                                                                   ivity                       Funds

1          Personal Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .001             $               125,000

2          Annual Increment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .004                                  1,000

3          Employee Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . .010                                46,800

4          Current Expense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130                              503,200

5          Total                                                                                         $ 676, 000

            And, That the total appropriation for the fiscal year ending June 30, 2013, to fund 8664, fiscal year 2013, organization 0932, be supplemented and amended to read as follows:

TITLE II — APPROPRIATIONS.

Sec. 3. Appropriations from other funds.

DEPARTMENT OF EDUCATION AND THE ARTS

155-State Board of Rehabilitation -

Division of Rehabilitation Services -

West Virginia Rehabilitation Center -

Special Account

(WV Code Chapter 18)

Fund 8664 FY 2013 Org 0932

                                                                                                   Act-                        Other

                                                                                                   ivity                       Funds

1          Personal Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .001             $                 75,000

2          Employee Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . .010                                20,738

3          Current Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .130                           2,289,622

4          Repairs and Alterations . . . . . . . . . . . . . . . . . . . . . . . . .064                              150,000

5          Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .070                              220,000

6          Other Assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 690                              150,000

7          Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                    $            2,905,360

 

            And, That the total appropriation for the fiscal year ending June 30, 2013, to fund 5156, fiscal year 2013, organization 0506, be supplemented and amended by increasing existing items of appropriation as follows:

TITLE II — APPROPRIATIONS.

Sec. 3. Appropriations from other funds.

DEPARTMENT OF HEALTH AND HUMAN RESOURCES

175-Division of Health -

Hospital Services Revenue Account

Special Fund

Capital Improvement, Renovation and Operations

(WV Code Chapter 16)

Fund 5156 FY 2013 Org 0506

                                                                                                   Act-                        Other

                                                                                                   ivity                       Funds

1          Institutional Facilities

2                Operations (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335             $            5,000,000

3          Medical Services Trust Fund -

4                Transfer (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 512                           2,500,000

            And, That the total appropriation for the fiscal year ending June 30, 2013, to fund 5204, fiscal year 2013, organization 0506, be supplemented and amended by increasing existing items of appropriation as follows:

TITLE II — APPROPRIATIONS.

Sec. 3. Appropriations from other funds.

DEPARTMENT OF HEALTH AND HUMAN RESOURCES

179-Division of Health -

Lead Abatement Account

(WV Code Chapter 16)

Fund 5204 FY 2013 Org 0506

                                                                                                   Act-                        Other

                                                                                                   ivity                       Funds

1          Personal Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .001             $                   3,000

2          Employee Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . .010                                  2,076

            And, That the total appropriation for the fiscal year ending June 30, 2013, to fund 6501, fiscal year 2013, organization 0612, be supplemented and amended by adding a new item of appropriation as follows:

TITLE II — APPROPRIATIONS.

Sec. 3. Appropriations from other funds.

DEPARTMENT OF MILITARY AFFAIRS

AND PUBLIC SAFETY

196-West Virginia State Police -

Motor Vehicle Inspection Fund

(WV Code Chapter 17C)

Fund 6501 FY 2013 Org 0612

                                                                                                   Act-                        Other

                                                                                                   ivity                       Funds

6a.       Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258             $               534,000

            And, That the total appropriation for the fiscal year ending June 30, 2013, to fund 7253, fiscal year 2013, organization 0706, be supplemented and amended by adding a new item of appropriation as follows:

TITLE II — APPROPRIATIONS.

Sec. 3. Appropriations from other funds.

DEPARTMENT OF REVENUE

223-Municipal Bond Commission

(WV Code Chapter 13)

Fund 7253 FY 2013 Org 0706

                                                                                                   Act-                        Other

                                                                                                   ivity                       Funds

4a        Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .070             $               247,500

            And, That the total appropriation for the fiscal year ending June 30, 2013, to fund 8254, fiscal year 2013, organization 0806, be supplemented and amended to read as follows:

TITLE II — APPROPRIATIONS.

Sec. 3. Appropriations from other funds.

DEPARTMENT OF TRANSPORTATION

233-Public Port Authority -

Special Railroad and Intermodal Enhancement Fund

(WV Code Chapter 17)

Fund 8254 FY 2013 Org 0806

                                                                                                   Act-                        Other

                                                                                                   ivity                       Funds

1          Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130             $               250,000

2          Other Assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 690                           7,750,000

3                Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                    $            8,000,000

            And, That the total appropriation for the fiscal year ending June 30, 2013, to fund 8520, fiscal year 2013, organization 0907, be supplemented and amended by increasing an existing item of appropriation and by adding a new item of appropriation as follows:

TITLE II — APPROPRIATIONS.

Sec. 3. Appropriations from other funds.

MISCELLANEOUS BOARDS AND COMMISSIONS

248-WV Board of Examiners for Registered Professional Nurses

(WV Code Chapter 30)

Fund 8520 FY 2013 Org 0907

                                                                                                   Act-                        Other

                                                                                                   ivity                       Funds

6          Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .070                                  5,000

6a        Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .690                                  5,000

            And, That the total appropriation for the fiscal year ending June 30, 2013, to fund 8680, fiscal year 2013, organization 0936, be supplemented and amended by increasing existing items of appropriation as follows:

TITLE II — APPROPRIATIONS.

Sec. 3. Appropriations from other funds.

MISCELLANEOUS BOARDS AND COMMISSIONS

256-WV Board of Licensed Dietitians

(WV Code Chapter 30)

Fund 8680 FY 2013 Org 0936

                                                                                                   Act-                        Other

                                                                                                   ivity                       Funds

1          Personal Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .001             $                   2,500

2          Employee Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . .010                                     382

            The purpose of this supplemental appropriation bill is to supplement, amend, increase, decrease and add items of appropriations in the aforesaid accounts for the designated spending units for expenditure during the fiscal year 2013.”;

            And,

            On page three, line six, after “organization 0506,” by inserting the following “in the Department of Military Affairs and Public Safety, West Virginia State Police, fund 6501, fiscal year 2013, organization 0612,”

            The bill was ordered to third reading.

            S. B. 525, Making supplementary appropriation of federal funds to various accounts; 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 eight, item 334, line 10, by striking out the number “200,000" and inserting in lieu thereof “750,000".

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 535, Relating to process for maintaining voter registration lists; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on 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:

ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.

§3-1-3. Persons entitled to vote.

            Citizens of the state shall be entitled to vote at all elections held within the precincts of the counties and municipalities in which they respectively reside. But no person who has not been registered as a voter as required by law, or who is a minor, or of unsound mind who has been declared mentally incompetent by a court of competent jurisdiction, or who is under conviction of treason, felony or bribery in an election, or who is not a bona fide resident of the state, county or municipality in which he or she offers to vote, shall be permitted to vote at such election while such disability continues, unless otherwise specifically provided by federal or state code. Subject to the qualifications otherwise prescribed in this section, however, a minor shall be permitted to vote only in a primary election if he or she will have reached the age of eighteen years on the date of the general election next to be held after such primary election.

ARTICLE 2. REGISTRATION OF VOTERS.

§3-2-2. Eligibility to register to vote.

            (a) Any person who possesses the constitutional qualifications for voting may register to vote. To be qualified, a person must be a citizen of the United States and a legal resident of West Virginia and of the county where he or she is applying to register, shall be at least eighteen years of age, except that a person who is at least seventeen years of age and who will be eighteen years of age by the time of the next ensuing general election may also be permitted to register, and shall not be otherwise legally disqualified: Provided, That a registered voter who has not reached eighteen years of age may vote both partisan and nonpartisan ballots in a federal, state, or county, municipal or special primary election, but may only vote in a municipal primary election if he or she will be eighteen years of age by the time of the next municipal corresponding general election. but is not eligible to vote in a special election.

            (b) Any person who has been convicted of a felony, treason or bribery in an election, under either state or federal law, is disqualified and is not eligible to register or to continue to be registered to vote while serving his or her sentence, including any period of incarceration, probation or parole related thereto. Any person who has been determined to be declared mentally incompetent by a court of competent jurisdiction is disqualified and shall not be eligible to register or to continue to be registered to vote for as long as that determination remains in effect disability continues.

§3-2-4a. Statewide voter registration list database.

            (a) The Secretary of State shall implement and maintain a single, official, statewide, centralized, interactive computerized voter registration list database of every legally registered voter in the state, which shall include the following as follows:

            (1) The computerized list statewide voter registration database shall serve as the single system for storing and managing the official list of registered voters throughout the state.

            (2) The computerized list statewide voter registration database shall contain the name, registration information and voter history of every legally registered voter in the state.

            (3) Under the computerized list, In the statewide voter registration database, the Secretary of State shall assign a unique identifier to each legally registered voter in the state.

            (4) The computerized list statewide voter registration database shall be coordinated with other agency databases within the state; and elsewhere, as appropriate. including, but not limited to, the vital statistics database maintained by the Department of Health and Human Resources. The Department of Health and Human Resources by January 31st of each calendar year shall provide to each county clerk a list from this database of all decedents in that county in the preceding year and shall provide to the Secretary of State the list of all decedents in the state in the preceding year.

            (5) The Secretary of State, and any clerk of the county commission or any authorized designee of the Secretary of State or clerk of the county commission may obtain immediate electronic access to the information contained in the computerized list statewide voter registration database.

            (6) The clerk of the county commission shall electronically enter voter registration information into the computerized list statewide voter registration database on an expedited basis at the time the information is provided to the clerk.

            (7) The Secretary of State shall provide necessary support to enable every clerk of the county commission in the state to enter information as described in subdivision (6) of this subsection.

            (8) The computerized list statewide voter registration database shall serve as the official voter registration list for conducting all elections in the state.

            (b) The Secretary of State or any clerk of a county commission shall perform maintenance with respect to the computerized list statewide voter registration database on a regular basis as follows:

            (1) If an individual is to be removed from the computerized list statewide voter registration database, he or she shall be removed in accordance with the provisions of 42 U. S. C. §1973gg, et seq., the National Voter Registration Act of 1993.

            (2) The Secretary of State shall coordinate the computerized list statewide voter registration database with state agency records and remove the shall establish procedures for the removal of names of individuals who are not qualified to vote because of felony status or death. : Provided, That No state agency may withhold information regarding a voter’s status as deceased or as a felon unless ordered by a court of law. : Provided further, the Secretary of State shall, in each calendar year, certify that the removal of individuals who are not qualified to vote because of a felony conviction as provided in section two of this article or death is completed at least thirty days preceding the date of any primary election.

            (c) The list maintenance performed under subsection (b) of this section shall be conducted in a manner that ensures that:
            (1) The name of each registered voter appears in the computerized list statewide voter registration database;

            (2) Only voters who are not registered, who have requested in writing that their voter registration be canceled or who are not eligible to vote are removed from the computerized list statewide voter registration database;

            (3) Duplicate names are eliminated from the computerized list statewide voter registration database; and

            (4) Deceased individuals individuals’ names are eliminated from the computerized list statewide voter registration database.

            (d) The Secretary of State and the clerks of all county commissions shall provide adequate technological security measures to prevent the unauthorized access to the computerized list statewide voter registration database established under this section.

            (e) The Secretary of State shall ensure that voter registration records in the state are accurate and updated regularly, including the following:

            (1) A system of file maintenance that makes a reasonable effort to remove registrants who are ineligible to vote from the official list of eligible voters. Under the system, consistent with 42 U. S. C. §1973gg, et seq., registrants who have not responded to a notice sent pursuant to section twenty six, article two of this chapter, who have not otherwise updated their voter registration address and who have not voted in two consecutive general elections for federal office shall be removed from the official list of eligible voters, except that no registrant may be removed solely by reason of a failure to vote; and

            (2) By participation in programs across state lines to share data specifically for voter registration to ensure that voters who have moved across state lines or become deceased in another state are removed in accordance with state law and 42 U. S. C. §1973gg, et seq.; and

            (2)(3) Through safeguards to ensure that eligible voters are not removed in error from the official list of eligible voters.

            (f) Applications for voter registration may only be accepted when the following information is provided:

            (1) Except as provided in subdivision (2) of this subsection and notwithstanding any other provision of law to the contrary, an application for voter registration may not be accepted or processed unless the application includes:

            (A) In the case of an applicant who has been issued a current and valid driver’s license, the applicant’s driver’s license number;

            (B) In the case of an applicant who has been issued an identification card by the Division of Motor Vehicles, the applicant’s identification number; or

            (C) In the case of any other applicant, the last four digits of the applicant’s Social Security number; and

            (2) If an applicant for voter registration has not been issued a current and valid driver’s license, Division of Motor Vehicles’ Vehicles identification card or a Social Security number, the Secretary of State shall assign the applicant a number which will serve to identify the applicant for voter registration purposes. To the extent that the state has a computerized list in effect under this section and the list assigns unique identifying numbers to registrants, The number assigned under this section subdivision shall be the unique identifying number assigned under the list statewide voter registration database.

            (g) The Secretary of State and the Commissioner of the Division of Motor Vehicles shall enter into an agreement to match and transfer applicable information in the database of the statewide voter registration system database with information in the database of the Division of Motor Vehicles to the extent required to enable each official to verify the accuracy of the information provided on applications for voter registration.

            (h) The Commissioner of the Division of Motor Vehicles shall enter into an agreement with the Commissioner of Social Security under 42 U. S. C. §301 §401, et seq., the Social Security Act. All fees associated with this agreement shall be paid for from moneys in the fund created under section twelve of this article two of this chapter.

§3-2-18. Registration records; active, inactive, canceled, pending and rejected registration

                      files; procedure; voting records.

            (a) For the purposes of this article:

            (1) ‘Original voter registration record’ means all records submitted or entered in writing or electronically, where permitted by law, for voter registration purposes, including:

            (A) Any original application or notice submitted by any person for registration or reinstatement, change of address, change of name, change of party affiliation, correction of records, cancellation, confirmation of voter information or other request or notice for voter registration purposes; and

            (B) Any original entry made on any voter’s registration record at the polling place, or made or received by the clerk of the county commission relating to any voter’s registration, such as records of voting, presentation of identification and proof of age, challenge of registration, notice of death or obituary notice, notice of disqualifying conviction or ruling of mental incompetence or other original document which may affect the status of any person’s voter registration.

            (2) ‘Active voter registration files records’ means the files of registration records, whether maintained on paper forms or in digitized data electronic format, containing the names, addresses, birth dates and other required information for all persons within a county who are registered to vote and whose registration has not been designated as ‘inactive’ inactive or ‘canceled’ canceled pursuant to the provisions of this article.

            (3) ‘Inactive voter registration files records’ means the files of registration records, whether maintained on paper forms or in digitized data electronic format, containing the names, addresses, birth dates and other required information for all persons designated ‘inactive’ inactive pursuant to the provisions of section twenty-seven of this article following the return of the prescribed notices as undeliverable at the address provided by the United States Postal Service or entered on the voter registration, . For the purposes of this chapter or of any other provisions of this code relating to elections conducted under the provisions of this chapter, whenever a requirement is based on the number of registered voters, including, but not limited to, the number of ballots to be printed, the limitations on the size of a precinct, or the number of petition signatures required for election purposes, only those registrations included on the active voter registration files shall be counted and voter registrations included on the inactive voter registration files, as defined in this subdivision, shall not be counted. or for failure of the contacted voter to return a completed confirmation notice within thirty days of the mailing.

            (4) ‘Canceled voter registration files records’ means the files records containing all required information for all persons who have been removed from the active and inactive voter registration files records and who are no longer registered to vote within the county.

            (5) ‘Pending application files records’ means the temporary files records containing all information submitted on a voter registration application, pending the expiration of the verification period.

            (6) ‘Rejected application files records’ means the files records containing all information submitted on a voter registration application which was rejected for reasons as described in this article.

            (7) ‘Confirmation pending records’ means the records containing all required information for persons who have been identified to be included in the next succeeding mailing of address confirmation notices as set forth by the National Voter Registration Act of 1993(42 U. S. C. §1973gg, et seq.).

            (b) For the purposes of this chapter or of any other provisions of this code relating to elections conducted under the provisions of this chapter, whenever a requirement is based on the number of registered voters, including, but not limited to, the number of ballots to be printed, the limitations on the size of a precinct, or the number of petition signatures required for election purposes, only those registrations included on the active voter registration files shall be counted and voter registrations included on the inactive voter registration files, as defined in this subdivision, shall not be counted.

            (b) (c) Active voter registration files records, confirmation pending records and inactive voter registration files records may be maintained in the same physical location or database, providing the records are coded, marked or arranged in such a way as to make the status of the registration immediately obvious. Canceled voter registration files records, pending application files records and rejected application files records shall each may be maintained in separate physical locations. or databases. However, all such records shall be maintained in the statewide voter registration database, subject to this article.

            (c) (d) The effective date of any action affecting any voter’s registration status shall be entered on the voter record in the appropriate file, including the effective date of registration, change of name, address or party affiliation or correction of the record, effective date of transfer to inactive status, return to active status or cancellation. When any registration is designated inactive or is canceled, the reason for the designation or cancellation and any reference notation necessary to locate the original documentation related to the change shall be entered on the voter record.

            (d) (e) Within one hundred twenty days after each primary, general, municipal or special election, the clerk of the county commission shall as evidenced by the presence or absence of signatures on the pollbooks for such election, correct any errors or omissions on the voter registration records resulting from the poll clerks erroneously checking or failing to check the registration records as required by the provisions of section thirty-four, article one of this chapter, or shall enter the voting records into the state uniform data system if the precinct books have been replaced with printed registration books as provided in section twenty-one of this article. statewide voter registration database.

§3-2-19. Maintenance of active and inactive registration files in precinct record books and county alphabetical registration file records for municipal elections.

            (a) Each county shall continue to maintain a record of each active and inactive voter registration in precinct registration books until the statewide voter registration system is adopted pursuant to the provisions of section four-a of this article, fully implemented and given final approval by the Secretary of State. The precinct registration books shall be maintained as follows:

            (1) Each active voter registration shall be entered in the precinct book or books for the county precinct in which the voter’s residence is located and shall be filed alphabetically by name, alphabetically within categories, or by numerical street address, as determined by the clerk of the county commission for the effective administration of registration and elections. No active voter registration record shall be removed from the precinct registration books unless the registration is lawfully transferred or canceled pursuant to the provisions of this article.

            (2) Each voter registration which is designated ‘inactive’ pursuant to the procedures prescribed in section twenty-seven of this article shall be retained in the precinct book for the county precinct in which the voter’s last recorded residence address is located until the time period expires for which a record must remain on the inactive files. Every inactive registration shall be clearly identified by a prominent tag or notation or arranged in a separate section in the precinct book clearly denoting the registration status. No inactive voter registration record shall be removed from the precinct registration books unless the registration is lawfully transferred or canceled pursuant to the provisions of this article.

            (b) (a) For municipal elections, the registration records of active and inactive voters shall be maintained as follows:

            (1) County precinct books shall Clerks of the county commissions shall prepare pollbooks or voter lists to be used in municipal elections when the county precinct boundaries and the municipal precinct boundaries are the same and all registrants of the precinct are entitled to vote in state, county and municipal elections within the precinct or when the registration records of municipal voters within a county precinct are separated and maintained in a separate municipal section or book for that county precinct and can be used either alone or in combination with other precinct books pollbooks or voter lists to make up a complete set of registration records for the municipal election precinct.

            (2) Upon request of the municipality, and if the clerk of the county commission does not object, separate municipal precinct books shall be maintained in cases where municipal or ward boundaries divide county precincts and it is impractical to use county precinct books pollbooks or voter lists or separate municipal sections of those precinct books pollbooks or voter lists. If the clerk of the county commission objects to the request of a municipality for separate municipal precinct books, the State Election Commission must determine whether the separate municipal precinct books should be maintained.

            (3) No registration record may be removed from a municipal registration record unless the registration is lawfully transferred or canceled pursuant to the provisions of this article in both the county and the municipal registration records.

            (c) (b) Within thirty days following the entry of any annexation order or change in street names or numbers, the governing body of an incorporated municipality shall file with the clerk of the county commission a certified current official municipal boundary map and a list of streets and ranges of street numbers within the municipality to assist the clerk in determining whether a voter’s address is within the boundaries of the municipality.

            (d) Each county, so long as precinct registration books are maintained, shall maintain a duplicate record of every active and inactive voter registration in a county alphabetical file. The alphabetical file may be maintained on individual paper forms or, upon approval of the Secretary of State of a qualified data storage program, may be maintained in digitized format. A qualified data storage program shall be required to contain the same information for each voter registration as the precinct books, shall be subject to proper security from unauthorized alteration and shall be regularly duplicated to backup data storage to prevent accidental destruction of the information on file.

§3-2-21. Maintenance of records in the statewide voter registration database in lieu of precinct record books.

            (a) The clerk of the county commission of each county, upon installation of the state uniform voter data system, shall prepare maintain a voter registration data system record book into which all required records of appointments of authorized personnel, tests, repairs, program alterations or upgrades and any other action by the clerk of the county commission or by any other person under supervision of the clerk affecting the programming or records contained in the system, other than routine data entry, alteration, use, transfer or transmission of records shall be entered.

            (b) The clerk of the county commission shall appoint all personnel authorized to add, change or transfer voter registration information within the state uniform voter data system statewide voter registration database, and a record of each appointment and the date of authorization shall be entered as provided in subsection (a) of this section. The assignment and confidential record of assigned system identification or authorized user code for each person appointed shall be as prescribed by the Secretary of State.

            (c) Voter registration records entered into and maintained in the state uniform voter data system statewide voter registration database shall include the information required for application for voter registration, for maintenance of registration and voting records, for conduct of elections and for statistical purposes, as prescribed by the Secretary of State.

            (d) No person shall make any entry or alteration of any voter record which is not specifically authorized by law. Each entry or action affecting the status of a voter registration shall be based on information in an original voter registration record, as defined in section eighteen of this article.

            (e) The clerk of the county commission shall maintain, within the data system statewide voter registration database, active and inactive voter registration files records, confirmation pending records, canceled voter registration files records, pending application files records and rejected application files records, all as defined in section eighteen of this article.

            (f) Upon receipt of a completed voter registration application, the clerk shall enter into the statewide voter registration database the information provided on the application, mark the records as pending and into the pending application file and initiate the verification or notice of disposition procedure as provided in section sixteen of this article. Upon completion of the verification or notice of disposition, the status of the voter record shall be transferred to the proper file properly noted in the statewide voter registration database.

            (g) Upon receipt of an application or written confirmation from the voter of a change of address within the county, change of name, change of party affiliation or other correction to a an active voter registration record, in the active voter registration file, the change shall be entered in the record and the required notice of disposition mailed.

            (h) Upon receipt of an application or written confirmation from the an inactive voter of a change of address within the county, change of name, change of party affiliation or other correction to a registration record, in the inactive voter registration file, the any necessary change shall be entered in the record, the required notice of disposition mailed and the record transferred updated to the active registration file or returned to active status, and the date of the transaction shall be recorded. Receipt of an application or written confirmation from an inactive voter that confirms the voter’s current address shall be treated in the same manner.

            (i) Upon receipt of a notice of death, a notice of conviction or a notice of a determination of mental incompetence, as provided for in section twenty-three of this article, the date and reason for cancellation shall be entered on the voter’s record and the record status shall be transferred changed to the canceled. voter registration file.

            (j) Upon receipt from the voter of a request for cancellation or notice of change of address to an address outside the county pursuant to the provisions of section twenty-two of this article, or as a result of a determination of ineligibility through a general program of removing ineligible voters as authorized by the provisions of this article, the date and reason for cancellation shall be entered on the voter’s record and the record status shall be transferred changed to the canceled. voter registration file.

            (k) At least once each month during a period prescribed by the Secretary of State, the clerk of the county commission of each county utilizing the state uniform voter data system shall transmit to the Secretary of State, by electronic transmission or by the mailing of one or more data disks or other approved means, a copy of the active, inactive and pending application files as of the date of transmission, for the purpose of comparison of those records to the voter registration records of other counties in the state and for any other list maintenance procedures authorized by the provisions of this article.

            (l) The Secretary of State shall promulgate legislative rules pursuant to the provisions of chapter twenty-nine-a of this code establishing procedures for the elimination of separate precinct registration books as the official active and inactive voter registration files and for the use of the state uniform voter data system to maintain all files, to produce voter lists for public inspection and to produce precinct voter records for election day use. Separate precinct registration books shall be maintained pursuant to the provisions of section nineteen of this article until all necessary provisions required for the conduct of elections at the polling place and for the implementation of the provisions of this chapter have been made. When a county is authorized to use the state uniform voter data system exclusively for all prescribed files, the clerk of the county commission shall transfer the original voter records contained in the precinct registration books to alphabetical record storage files which shall be retained in accordance with the provisions of section twenty-nine of this article, and any rules issued pursuant thereto.

§3-2-23. Cancellation of registration of deceased or ineligible    voters.

            The clerk of the county commission shall cancel the registration of a voter:

            (a)(1) Upon the voter’s death as verified by:

            (1)(A) A death certificate from the Registrar of Vital Statistics or a notice from the Secretary of State that a comparison of the records of the registrar with the county voter registration records show the person to be deceased;

            (2)(B) The publication of an obituary or other writing clearly identifying the deceased person by name, residence and age corresponding to the voter record; or

            (3)(C) An affidavit signed by the parent, legal guardian, child, sibling or spouse of the voter giving the name and birth date of the voter, and date and place of death;

            (b)(2) Upon receipt of an official notice from a state or federal court that the person has been convicted of a felony, of treason or bribery in an election; in which event, the clerk shall enter a notation on the voter record of the date upon which the term of any sentence for such conviction will cease, unless sooner vacated by court action or pardon;

            (c)(3) Upon receipt of a notice from the appropriate court of competent jurisdiction of a determination of a voter’s mental incompetence;

            (d)(4) Upon receipt from the voter registration of a written request to cancel the voter’s registration, upon confirmation by the voter of a change of address to an address outside the county, upon notice from a voter registrar of another jurisdiction outside the county or state of the receipt of an application for voter registration in that jurisdiction, or upon notice from the Secretary of State that a voter registration application was accepted in another county of the state subsequent to the last registration date in the first county, as determined from a comparison of voter records; or

            (e)(5) Upon failure to respond and produce evidence of continued eligibility to register following the challenge of the voter’s registration pursuant to the provisions of section twenty-eight of this article.; or

            (f) As required under the provisions of section twenty-seven of this article.

§3-2-25. Systematic purging program for removal of ineligible voters from active voter registration records files; comparison of data records; confirmation notices; public inspection list. for counties with state approved uniform voter data system; modified program for counties using otherdigitized record storage systems.

            (a) In any county maintaining active voter registration files in the state uniform voter data system, as defined in section twenty of this article, The systematic purging program provided for in this section shall begin no earlier than October 1 of each odd-numbered year and shall be completed no later than February 1 of the following year. The clerk of the county commission shall transmit or mail on data disk to the Secretary of State a copy of the digitized records contained in the active voter registration file as of October 1, to be received by the Secretary of State no later than October 15, . to the Secretary of State a certification that the systematic purging program has been completed and all voters identified as no longer eligible to vote have been canceled in the statewide voter registration database in accordance with the law no later than February 15 in the year in which the purging program is completed.

            (b) Upon receipt of the voter records in data format, The Secretary of State shall provide for the comparison of data records of all participating counties. The Secretary of State shall, based on the comparison, prepare a data file or printed list for each county which shall include the voter registration record for each voter shown on that county’s list who appears to have registered or to have updated a voter registration in another county at a subsequent date. The resulting files and/or lists shall be returned to the appropriate county and the clerk of the county commission shall proceed with the confirmation procedure for those voters as prescribed in section twenty-six of this article.

            (c) The Secretary of State may provide for the comparison of data records of participating counties with the data records of the Division of Motor Vehicles, the registrar of vital statistics and with the data records of any other state agency which maintains records of residents of the state, if the procedure is practical and the agency agrees to participate. Any resulting information regarding potentially ineligible voters shall be returned to the appropriate county and the clerk of the county commission shall proceed with the confirmation procedure as prescribed in section twenty-six of this article.

            (d) The records of all of the voters of all participating counties not identified pursuant to the procedures set forth in subsections (b) and (c) of this section shall be combined for comparison with United States Postal Service change of address information, as described in section 8(c)(A) of the National Voter Registration Act of 1993 (42 U. S. C. §1973gg, et seq.). The Secretary of State shall contract with an authorized vendor of the United States Postal Service to perform the comparison. Not less than thirty percent nor more than fifty percent of The cost of the change of address comparison procedure shall be paid for from the combined voter registration and licensing fund established in section twelve of this article and participating counties shall reimburse the fund for the balance of the cost prorated on a per voter basis the cost of the confirmation notices, labels and postage shall be paid for by the counties.

            (e) The Secretary of State shall return to each county the identified matches of the county voter registration records and the postal service change of address records.

            (1) When the change of address information indicates the voter has moved to a new address within the county, the clerk of the county commission shall enter the new address on the voter record in the active registration file and assign the proper precinct.

            (2) The clerk of the county commission shall then mail to each voter who appears to have moved from the residence address shown on the registration records a confirmation notice pursuant to section twenty-six of this article and of section 8(d)(2) of the National Voter Registration Act of 1993 (42 U. S. C. §1973gg, et seq.). The notice shall be mailed, no later than December 31, to the new address provided by the postal service records or to the old address if a new address is not available.

            (f) The clerk of the county commission shall prepare a list containing indicate in the statewide voter registration database the name and address of each voter to whom a confirmation notice was mailed and the date on which the notice was mailed. The list shall be titled ‘Systematic Purging Program Notices’ and shall include the name of the county and the date of the preparation of the list and shall be arranged in alphabetical order within precincts or for the entire county.

            (g) Upon receipt of any response or returned mailing sent pursuant to the provisions of subsection (e) of this section, the clerk shall immediately enter the date and type of response received on in the list of voters prepared pursuant to the provisions of this section statewide voter registration database and shall then proceed in accordance with the provisions of section twenty-six of this article.

            (h) For purposes of complying with the record keeping and public inspection requirements of the National Voter Registration Act of 1993 (42 U. S. C. §1973gg, et seq.), and with the provisions of section twenty-seven of this article, the public inspection lists shall be maintained either in printed form kept in a binder prepared for such purpose and available for public inspection during regular business hours at the office of the clerk of the county commission or in read-only data format available for public inspection on computer terminals set aside and available for regular use by the general public. Information concerning whether or not each person has responded to the notice shall be entered onto the list into the statewide voter registration database upon receipt and shall be available for public inspection as of the date the information is received.

            (i) Any voter to whom a confirmation notice was mailed pursuant to the provisions of subsection (e) of this section who fails to respond to the notice or to update his or her voter registration address by February 1 immediately following the completion of the program, shall be designated inactive and placed within the inactive voter registration file, as defined in section nineteen of this article. in the statewide voter registration database. Any voter designated inactive shall be required to affirm his or her current residence address, on a form prescribed by the Secretary of State, upon appearing at the polls to vote.

            (j) A county which uses a digitized data system for voter registration other than the state uniform voter data system shall conduct the systematic purging program for removal of ineligible voters from active voter registration files by contracting directly with an authorized vendor of the United States postal service for change of address information, at county expense, for the identification of potentially ineligible voters, and upon receipt of the list of matches, shall perform the steps required by the provisions of subsections (e) through (i) of this section within the same time limits and procedures required for those counties participating in the state approved system.

            (k) (j) In addition to the preceding purging procedures, all counties using the change of address information of the United States Postal Service shall also, once each four years during the period established for systematic purging in the year following a presidential election year, conduct the same procedure by mailing a confirmation notice to those persons not identified as potentially ineligible through the change of address comparison procedure but who have not updated their voter registration records and have not voted in any election during the preceding four calendar years. The purpose of this additional systematic confirmation procedure shall be to identify those voters who may have moved without filing a forwarding address, moved with a forwarding address under another name, died in a another county or state so that the certificate of death was not returned to the clerk of the county commission, or who otherwise have become ineligible.

§3-2-29. Custody of original registration records and voter registration data files.

            (a) All original registration records and voter registration data files in paper format shall remain in the custody of the county commission, by its clerk, or, electronically, in the statewide voter registration database and shall not be removed except for use in an election or by the order of a court of record or in compliance with a subpoena duces tecum issued by the Secretary of State pursuant to the provisions of section six, article one-a of this chapter.

            (b) All original voter registration records shall be retained for a minimum of five years following the last recorded activity relating to the record, except that any application which duplicates and does not alter an existing registration shall be retained for a minimum of two years following its receipt. The Secretary of State shall promulgate rules pursuant to the provisions of chapter twenty-nine-a of this code for the specific retention times and procedures required for original voter registration records.

            (c) Prior to the destruction of original voter registration applications or registration cards of voters whose registration has been canceled at least five years previously, the clerk of the county commission shall notify the Secretary of State of the intention to destroy those records. If the Secretary of State determines, within ninety days of the receipt of the notice, that those records are of sufficient historical value that microfilm or other permanent data storage is desirable, the Secretary of State may require that the records be delivered to a specified location for processing at state expense.

            (d) When a county maintains in digitized data format the Active, inactive, pending, rejected and canceled registration files, a data format copy of each of the files records shall be maintained as a permanent record, as follows:

            (1) Individual canceled registration records shall be maintained in a regularly accessible data file the statewide voter registration database for a period of at least three five years following cancellation. Upon the expiration of three five years, those individual records may be removed from the regularly accessible canceled registration file and stored on tape or disk The records removed may be added to a single file containing previously canceled registration records for permanent storage, and the tape or disk shall be clearly labeled. statewide voter registration database and disposed of in accordance with the appropriate documentent retention policy.

            (2) Rejected registration record files records shall be maintained in the same manner as provided for canceled registration files records.

            (3) At least once each calendar year, during the month of February, a data format copy of the active registration file, inactive registration file and pending application file shall be made containing all records maintained in those files as of the date of the copy. The copy shall be stored on tape or disk and shall be clearly labeled with the types of files and the date the copy was made.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 538, Eliminating requirement law enforcement maintain files of domestic violence orders; 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, by striking out everything after the enacting clause and inserting in lieu thereof the following:

ARTICLE 27. PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE.

PART 6. DISPOSITION OF DOMESTIC VIOLENCE ORDERS.

§48-27-601. Transmitting orders to domestic violence database; affidavit as to award of possession of real property; service of order on respondent.

            (a) Upon entry of an order pursuant to section 27-403 or part 27-501, et seq., or an order entered pursuant to part 5-501, et seq., granting relief provided for by this article, a copy of the order shall no later than the close of the next business day, be immediately transmitted electronically by the court or the clerk of the court electronically to the domestic violence database established pursuant to the provisions of section twenty-one, article one, chapter fifty-one of this code. by the court or the clerk of the court No later than the close of the next business day by the court or the clerk of the court shall transmit the order to a local office of the municipal police, the county sheriff and the West Virginia State Police where it shall be placed in a confidential file, with access provided only to the law-enforcement agency and the respondent named on the order. for service upon the respondent named in the order. The law-enforcement agency or agencies to which a copy of the order is supplied are not required do not have to maintain a copy of the order after the respondent is served.

            (b) A sworn affidavit may be executed by a party who has been awarded exclusive possession of the residence or household, pursuant to an order entered pursuant to section 27-503, and shall be delivered to such law-enforcement agencies simultaneously with any order giving the party’s consent for a law-enforcement officer to enter the residence or household, without a warrant, to enforce the protective order or temporary order.

            (c) Orders shall be promptly served upon the respondent. Failure to serve a protective order on the respondent does not stay the effect of a valid order if the respondent has actual notice of the existence and contents of the order.

            (d) Any law-enforcement agency in this state in possession of or with notice of the existence of an order issued pursuant to the provisions of sections 27-403 or 27-501 of this article or the provisions of section 5-509 of this chapter which is in effect or has been expired for thirty days or less that receives a report that a person protected by such an order has been reported to be missing shall immediately follow its procedures for investigating missing persons. No agency or department policy delaying the beginning of an investigation shall have has any force or effect.

            (e) The provisions of subsection (d) of this section shall be applied where a report of a missing person is made which is accompanied by a sworn affidavit that the person alleged to be missing was, at the time of his or her alleged disappearance, being subjected to treatment which meets the definition of domestic battery or assault set forth in section twenty-eight, article two, chapter sixty-one of this code.”

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 586, Transferring authority to license cosmetology, barber and massage schools to Council for Community and Technical College Education; 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 27. BOARD OF BARBERS AND COSMETOLOGISTS.

§30-27-3. Definitions.

            As used in this article, the following words and terms have the following meanings, unless the context clearly indicates otherwise:

            (a) ‘Aesthetics’ or ‘esthetics’ means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:

            (1) Administering cosmetic treatments to enhance or improve the appearance of the skin, including cleansing, toning, performing effleurage or other related movements, stimulating, exfoliating or performing any other similar procedure on the skin of the human body or scalp;

            (2) Applying, by hand or with a mechanical or electrical apparatus, any cosmetics, makeups, oils, powders, clays, antiseptics, tonics, lotions, creams or chemical preparations necessary for the practice of aesthetics to another person’s face, neck, back, shoulders, hands, elbows and feet up to and including the knee;

            (3) The rubbing, cleansing, exercising, beautifying or grooming of another person’s face, neck, back, shoulders, hands, elbows and feet up to and including the knee;

            (4) The waxing, tweezing and threading of hair on another person’s body;

            (5) The wrapping of another person’s body in a body wrap;

            (6) Applying artificial eyelashes and eyebrows; and

            (7) The lightening of hair on the body except the scalp.

            (b) ‘Aesthetician’ or ‘esthetician’ means a person licensed under the provisions of this article who engages in the practice of aesthetics.

            (c) ‘Applicant’ means a person making application for a professional license, license, certificate, registration, permit or renewal under the provisions of this article.

            (d) ‘Barber’ means a person licensed under the provisions of this article who engages in the practice of barbering.

            (e) ‘Barbering’ means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:

            (1) Shaving, shaping and trimming the beard, or both;

            (2) Cutting, singeing, shampooing, arranging, dressing, tinting, bleaching, or applying lotions or tonics on human hair, or a wig or hairpiece; and

            (3) Applications, treatments or rubs of the scalp, face, or neck with oils, creams, lotions, cosmetics, antiseptics, powders, or other preparations in connection with the shaving, cutting or trimming of the hair or beard.

            (f) ‘Barber crossover’ or ‘cosmetologist crossover’ is a person who is licensed to perform barbering and cosmetology.

            (g) ‘Barber permanent waving’ means the following acts done on the human body for compensation and not for the treatment of disease:

            (1) The bleaching or tinting of hair; and

            (2) The permanent waving of hair.

            (h) ‘Barber permanent wavist’ means a person licensed to perform barbering and barber permanent waving.

            (i) ‘Board’ means the West Virginia Board of Barbers and Cosmetologists.

            (j) ‘Certificate’ means an instructor certificate to teach in a school under the provisions of this article.

            (k) ‘Certificate holder’ means a person certified as an instructor to teach in a school under the provisions of this article.

            (l) ‘Cosmetologist’ means a person licensed under the provisions of this article who engages in the practice of cosmetology.

            (m) ‘Cosmetology’ means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:

            (1) Cutting, styling, shaping, arranging, braiding, weaving, dressing, adding extensions, curling, waving, permanent waving, relaxing, straightening, shampooing, cleansing, singeing, bleaching, tinting, coloring, waxing, tweezing, or similarly work on human hair, or a wig or hairpiece, by any means, including hands, mechanical or electrical devices or appliances;

            (2) Nail care;

            (3) Applying by hand or with a mechanical or electrical device or appliance, any cosmetics, makeups, oils, powders, clays, antiseptics, tonics, lotions, creams or chemical preparations necessary for the practice of aesthetics to another person’s face, neck, shoulders, hands, elbows and feet up to and including the knee;

            (4) The rubbing, cleansing, exercising, beautifying or grooming of another person’s face, neck, shoulders, hands, elbows and feet up to and including the knee;

            (5) The wrapping of another person’s body in a body wrap; and

            (6) Performing aesthetics.

            (n) ‘General supervision’ means:

            (1) For schools, a master or certified instructor is on the premises and is quickly and easily available; or

            (2) For salons, a professional licensee is on the premises and is quickly and easily available.

            (o) ‘Hair braiding’ means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease: Braiding, plaiting, twisting, wrapping, threading, weaving, extending or locking of natural human hair by hand or mechanical device.

            (p) ‘Hair Styling’ means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:

            (1) Cutting, styling, shaping, arranging, braiding, weaving, dressing, adding extensions, curling, waving, permanent waving, relaxing, straightening, shampooing, cleansing, singeing, bleaching, tinting, coloring, waxing, tweezing, threading or similarly work on human hair, or a wig or hairpiece, by any means, including hands, mechanical or electrical devices or appliances;

            (2) The rubbing, cleansing, exercising, beautifying or grooming of another person's face, neck, shoulders, hands, elbows and feet up to and including the knee.

            (q) ‘Hair Stylist’ means a person licensed under the provisions of this article who engages in the practice of hair styling.

            (r) ‘License’ means a professional license, a salon license or a school license.

            (s) ‘Licensed school’ means a facility which has been approved by the West Virginia Council for Community and Technical College Education pursuant to section nine, article two-b, chapter eighteen-b of this code, to educate persons to be licensed or issued certain permits under the provisions of this article.

            (s) (t) ‘Licensee’ means a person, corporation or firm holding a license issued under the provisions of this article.

            (t) (u) ‘Nail care’ means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:

            (1) The cleansing, dressing, or polishing of nails of a person;

            (2) Performing artificial nail service; and

            (3) The cosmetic treatment of the feet up to the knee and the hands up to the elbow.

            (u) (v) ‘Nail technician’ or ‘manicurist’ means a person licensed under the provisions of this article who engages in the practice of nail care.

            (v) (w) ‘Permit’ means a work permit.

            (w) (x) ‘Permitee’ means a person holding a work permit.

            (x) (y) ‘Professional license’ means a license to practice as a aesthetician, barber, barber crossover, barber permanent wavist, cosmetologist, cosmetologist crossover or nail technician.

            (y) (z) ‘Registration’ means a registration issued by the board to a person who rents or leases a booth or chair from a licensed salon owner and operator, or both, or a registration issued by the board to a person who is a student in a school.

            (z) (aa) ‘Registrant’ means a person who holds a registration under the provisions of this article.

            (aa) (bb) ‘Salon’ means a shop or other facility where a person practices under a professional license.

            (bb) (cc) ‘Salon license’ means a license to own and operate a salon.

            (cc) ‘School’ means a facility to educate persons to be licensed under the provisions of this article.

            (dd) ‘School license’ means a license to own and operate a school.

            (ee) (dd) ‘Student registration’ means a registration issued by the board to a student to study at a school licensed under the provisions of this article.

§30-27-5. Powers and duties of the board.

            (a) The board has all the powers and duties set forth in this article, by rule, in article one of this chapter and elsewhere in law.

            (b) The board shall:

            (1) Hold meetings, conduct hearings and administer examinations;

            (2) Establish requirements for licenses, permits, certificates and registrations;

            (3) Establish procedures for submitting, approving and rejecting applications for licenses, permits, certificates and registrations;

            (4) Determine the qualifications of any applicant for licenses, permits, certificates and registrations;

            (5) Prepare, conduct, administer and grade examinations for professional licenses and certificates;

            (6) Determine the passing grade for the examinations;

            (7) Maintain records of the examinations the board or a third party administers, including the number of persons taking the examinations and the pass and fail rate;

            (8) Set operational standards and requirements for licensed schools;

            (8) (9) Hire, discharge, establish the job requirements and fix the compensation of the executive director;

            (9) (10) Maintain an office, and hire, discharge, establish the job requirements and fix the compensation of employees, investigators/inspectors and contracted employees necessary to enforce the provisions of this article: Provided, That any investigator/inspector employed by the board on July 1, 2009, shall retain their coverage under the classified service, including job classification, job tenure and salary, until that person retires or is dismissed: Provided, however, That nothing may prohibit the disciplining or dismissal of any investigator/inspector for cause;

            (10) (11) Investigate alleged violations of the provisions of this article, legislative rules, orders and final decisions of the board;

            (11) (12) Establish the criteria for the training of investigators/inspectors;

            (12) (13) Set the requirements for investigations and inspections;

            (13) (14) Conduct disciplinary hearings of persons regulated by the board;

            (14) (15) Determine disciplinary action and issue orders;

            (15) (16) Institute appropriate legal action for the enforcement of the provisions of this article;

            (17) Report violations of the provisions of this article, and legislative rules promulgated pursuant to this article, alleged to have been committed by a licensed school to the West Virginia Council for Community and Technical College Education. The board may continue to investigate any alleged violation that it receives by May 1, 2013, and shall conclude any such investigation by July 1, 2013. If the board determines that probable cause exists that a violation occurred, the board immediately shall advise and provide its investigation file to the West Virginia Council for Community and Technical College Education;

            (16) (18) Maintain an accurate registry of names and addresses of all persons regulated by the board;

            (17) (19) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;

            (18) (20) Establish the continuing education requirements for professional licensees and certificate holders;

            (19) (21) Issue, renew, combine, deny, suspend, revoke or reinstate licenses, permits, certificates and registrations;

            (20) (22) Establish a fee schedule;

            (21) (23) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article; and

            (22) (24) Take all other actions necessary and proper to effectuate the purposes of this article.

            (c) The board may:

            (1) Establish joint licenses;

            (2) Contract with third parties to administer the examinations required under the provisions of this article;

            (3) Sue and be sued in its official name as an agency of this state;

            (4) Confer with the Attorney General or his or her assistant in connection with legal matters and questions.

§30-27-8. Professional license requirements.

            (a) An applicant for a professional license to practice as a aesthetician, barber, barber crossover, barber permanent wavist, cosmetologist, hair stylist, cosmetologist crossover or nail technician shall present satisfactory evidence that he or she:

            (1) Is at least eighteen years of age;

            (2) Is of good moral character;

            (3) Has a high school diploma, a GED, or has passed the ‘ability to benefit test’ approved by the United States Department of Education;

            (4) Has graduated from a licensed school which has been approved by the board West Virginia Council for Community and Technical College Education or has completed education requirements in another state and meets the licensure provisions of the board;

            (5) Has passed an examination that tests the applicant’s knowledge of subjects specified by the board: Provided, That the board may recognize a certificate or similar license in lieu of the examination or part of the examination that the board requires;

            (6) Has paid the applicable fee;

            (7) Presents a certificate of health from a licensed physician;

            (8) Is a citizen of the United States or is eligible for employment in the United States; and

            (9) Has fulfilled any other requirement specified by the board.

            (b) A license to practice issued by the board prior to July 1, 2009, shall for all purposes be considered a professional license issued under this article: Provided, That a person holding a license issued prior to July 1, 2009, must renew the license pursuant to the provisions of this article.

§30-27-11. Work permit.

            (a) The board may issue a work permit to practice to an applicant who meets the following conditions:

            (1) Has graduated from a licensed school approved by the board or has completed the course requirements in a specific field; West Virginia Council for Community and Technical College Education or has completed education requirements in another state and meets the licensure provisions of the board;

            (2) Is waiting to take the examination;

            (3) Has employment in the field in which he or she applied to take the examination and is working under the general supervision of a professional licensee;

            (4) Has paid the work permit fee;

            (5) Has presented a certificate of health issued by a licensed physician;

            (6) Is a citizen of the United States or is eligible for employment in the United States; and

            (7) Meets all the other requirements specified by the board.

            (b) A work permit expires at the end of the month after issuance following the next examination in the specific field. A work permit may be renewed once.

            (c) While in effect, a work permitee is subject to the restrictions and requirements imposed by this article.

§30-27-12. Student registration.

            (a) Prior to commencing studies in a licensed school, licensed under the provisions of this article a student shall acquire a student registration issued by the board.

            (b) An applicant for a student registration shall present satisfactory evidence that he or she meets the following conditions:

            (1) Is enrolled as a student in an approved a licensed school; or enrolled in an approved course;

            (2) Is of good moral character;

            (3) Has paid the required fee;

            (4) Has presented a certificate of health issued by a licensed physician; and

            (5) Is a citizen of the United States or is eligible for employment in the United States.

            (c) The student registration is good during the prescribed period of study for the student.

            (d) The student may perform acts constituting barbering, barber permanent waving, cosmetology, aesthetics or nail care in a school under the general supervision of a master or certified instructor.

ARTICLE 37. MASSAGE THERAPISTS.

§30-37-7. Requirements for licensure; renewal of licenses; reinstatement; penalties.

            (a) The board shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code, establishing a procedure for licensing of massage therapists. License requirements shall include the following:

            (1) Completion of a program of massage education at a school approved by the West Virginia Higher Education Policy Commission Council for Community and Technical College Education pursuant to section nine, article two-b, chapter eighteen-b of this code or by a state agency in another state, the District of Columbia or a United States territory which approves educational programs and which meets qualifications for the National Certification Exam administered through the National Certification Board for Therapeutic Massage and Bodywork. This school shall require a diploma from an accredited high school, or the equivalent, and require completion of at least five hundred hours of supervised academic instruction;

            (2) Successful completion of the National Certification for Therapeutic Massage and Bodywork (NCTMB) examination, or other board approved examination; and

            (3) Payment of a reasonable fee every two years required by the board which shall compensate and be retained by the board for the costs of administration.

            (b) A license to practice massage therapy issued by the board prior to July 1, 2006, shall for all purposes be considered a license issued under this section: Provided, That a person holding a license to practice massage therapy issued prior to July 1, 2006, must renew the license pursuant to the provisions of this article: Provided, however, That a person whose license was issued by the board prior to July 1, 2006, and whose license subsequently lapses may, in the discretion of the board, be subject to the licensing requirements of this section.

            (c) In addition to provisions for licensure, the rules shall include:

            (1) Requirements for completion of continuing education hours conforming to NCTMB guidelines; and

            (2) Requirements for issuance of a reciprocal license to licensees of states with requirements which may include the successful completion of the NCTMB examination or other board approved examination.

            (d) Subject to the provisions of subsection (b) of this section, the board may deny an application for renewal for any reason which would justify the denial of an application for initial licensure.

            (e) Any person practicing massage therapy during the time his or her license has lapsed is in violation of this article and is subject to the penalties provided in this article.

            (f) A massage therapist who is licensed by the board shall be issued a certificate and a license number. The current, valid license certificate shall be publicly displayed and available for inspection by the board and the public at a massage therapist's work site.”

            The bill was then ordered to third reading.

            S. B. 596, Determining grant awards for Chesapeake Bay and Greenbrier River watershed compliance projects; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 604, Expanding definition of “electioneering communication”; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            S. B. 623, Relating to funding for probation officers to address truancy; 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, following the enacting clause, by striking the remainder of the bill and inserting in lieu thereof the following:

            “That §18-5B-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 5B. SCHOOL INNOVATION ZONES ACT.

§18-5B-11. Local Solution Dropout Prevention and Recovery Innovation Zone Act.

            (a) Legislative findings, intent and purpose.

            The Legislature finds that:

            (1) High school graduation is an essential milestone for all West Virginia students and impacts the future success of the individual, community and state;

            (2) There are significant correlations between educational attainment and labor market outcomes, greater labor force participation rate, increased employment rates, improved health, and decreased levels of poverty and crime. The negative impact on these linkages is most evident in the absence of high school completion;

            (3) Dropping out of school is a process, not an event, with factors building and compounding over time;

            (4) Students at risk of not completing high school can be identified as early as sixth grade using the indicators of attendance, behavior and course failures. Therefore, a comprehensive graduation plan must include a comprehensive systemic approach that emphasizes early interventions;

            (5) Research identifies a number of effective strategies for engaging students that have the most positive impact on improving high school graduation rates. Some of these strategies are school-community collaboration, safe learning environments, family engagement, early literacy development, mentoring and tutoring services, service learning opportunities, alternative and nontraditional schooling, offering multiple pathways and settings for attaining high school diplomas, after-school opportunities, individualized instruction and career and technical education;

            (6) Schools cannot solve the dropout problem alone. Research shows when educators, parents, elected officials, business leaders, faith-based leaders, human service personnel, judicial personnel and civic leaders collectively work together they are often able to find innovative solutions to address school and community problems; and

            (7) Increasing high school graduation rates is an important factor in preparing a college and career-ready citizenry. Higher education institutions, including community and technical colleges, are essential partners in creating local and statewide solutions.

            (b) Therefore, the intent of the Legislature is to provide a separate category of innovation zones designated “Local Solution Dropout Prevention and Recovery Innovation Zones” intended to achieve the following purposes:

            (1) Provide for the establishment of Local Solution Dropout Prevention and Recovery Innovation Zones to increase graduation rates and reduce the number of dropouts from West Virginia schools;

            (2) Provide schools and communities with opportunities for greater collaboration to plan and implement systemic approaches that include evidence-based solutions for increasing graduation rates and reducing the number of dropouts;

            (3) Provide a testing ground for innovative graduation programs, incentives and approaches to reducing the number of dropouts;

            (4) Provide information regarding the effects of specific innovations, collaborations and policies on graduation rates and dropout prevention and recovery; and

            (5) Document educational strategies that increase graduation rates, prevent dropouts and enhance student success.

            (c) Local Solution Dropout Prevention and Recovery Innovation Zones.

            A school, a group of schools or a school district may be designated as a Local Solution Dropout Prevention and Recovery Innovation Zone in accordance with the provisions of this article, subject to the provisions of this section. The state board shall propose rules for legislative promulgation, including an emergency rule if necessary, in accordance with article three-b chapter twenty-nine of this code to implement the provisions of this section. All provisions of this article apply to Local Solution Dropout Prevention and Recovery Innovation Zones, including, but not limited to, the designation, application, approval, waiver of statutes, policies, rule and interpretations, employee approval, employee transfers, progress reviews, reports and revocations, and job postings, subject to the following:

            (1) For purposes of this section, a ‘school, a group of schools or a school district’ means a high school, a group of schools comprised of a high school and any of the elementary and middle schools whose students will attend the high school, or a school district whose graduation rate in the year in which an application is made is less than ninety percent based on the latest available school year data published by the Department of Education;

            (2) The contents of the application for designation as a Local Solution Dropout Prevention and Recovery Innovation Zone must include a description of the dropout prevention and recovery strategies and that the school, group of schools or school district plans to implement if designated as a Local Solution Dropout Prevention and Recovery Innovation Zone, and any other information the state board requires. The application also shall include a list of all county and state board rules, policies and interpretations, and all statutes, if any, identified as prohibiting or constraining the implementation of the plan, including an explanation of the specific exceptions to the rules, policies and interpretations and statutes required for plan implementation. A school, a group of schools, or school district may not request an exception nor may an exception be granted from any of the following:

            (i) An assessment program administered by the West Virginia Department of Education;

            (ii) Any provision of law or policy required by the No Child Left Behind Act of 2001, Public Law No. 107-110 or other federal law; and

            (iii) Section seven, article two and sections seven-a, seven-b, eight and eight-b, article four, chapter eighteen-a of this code, except as provided in section eight of this article;

            (3) The factors to be considered by the state board when evaluating an application shall include, but are not limited to, the following:

            (A) Evidence that other individuals or entities and community organizations are involved as partners to collectively work with the applicant to achieve the purposes as outlined in the dropout prevention and recovery plan. These individuals or entities and community organizations may include, but are not limited to, individuals or entities and community organizations such as parents, local elected officials, business leaders, faith-based leaders, human service personnel, judicial personnel, civic leaders community and technical colleges Higher education institutions;

            (B) The level of commitment and support of staff, parents, students, the county board of education, the local school improvement council and the school’s business partners as determined in accordance with this article apply to become a Local Solutions Dropout Prevention and Recovery Innovation Zone;

            (C) The potential for an applicant to be successful in building community awareness of the high school dropout problem and developing and implementing its dropout prevention and recovery plan; and

            (D) Implementation of the statewide system of easily identifiable early warning indicators of students at risk of not completing high school developed by the state board in accordance with section six, article eight of this chapter, known as The High School Graduation Improvement Act, along with a plan of interventions to increase the number of students earning a high school diploma;

            (4) The rule shall provide standards for the state board to review applications for designation as a Local Solutions Dropout Prevention and Recovery Innovation Zones;

            (5) The application for designation as a Local Solutions Dropout Prevention and Recovery Innovation Zone under this section is subject to approval in accordance with sections five and six of this article. In addition to those approval stages, the application, if approved by the school employees, shall be presented to the local school improvement council for approval prior to submission to county superintendent and board. Approval by the local school improvement council is obtain when at least eighty percent of the local school improvement council members present and voting after a quorum is established vote in favor of the application; and

            (6) Upon approval by the state board and state superintendent of the application, all exceptions to county and state board rules, policies and interpretations listed within the plan are granted. The applicant school, group of schools or school district shall proceed to implement the plan as set forth in the approved application and no further plan submissions or approval are required, except that if an innovation zone plan, or a part thereof, may not be implemented unless an exception to a statute is granted by Act of the Legislature, the state board and state superintendent may approve the plan, or the part thereof, only upon the condition that the Legislature acts to grant the exception as provided in this article.

            (d) A county board that enters into a truancy program agreement with the circuit court of the county that (1) provides for the referral of truant juveniles for supervision by the court’s probation office pursuant to section eleven, article five, chapter forty-nine of this code and (2) requires the county board to pay the costs of the probation officer or officers assigned to supervise truant juveniles, may apply to the state board for a dropout prevention and recovery innovation zone grant for reimbursement of one-half of the costs of the probation officer or officers. This application is not subject to any of the requirements for other applications under this section. The state board shall coordinate the application deadlines and grant approvals under this section to ensure funding for this purpose. If the funds available are insufficient to award all eligible grant applications at the full amount, the award amounts shall be reduced prorata.

            (d) (e) Local solutions dropout prevention and recovery fund.

            There is hereby created in the State Treasury a special revenue fund to be known as the ‘Local Solutions Dropout Prevention and Recovery Fund.’ The fund shall consist of all moneys received from whatever source to further the purpose of this article. The fund shall be administered by the state board solely for the purposes of this section. Any moneys remaining in the fund at the close of a fiscal year shall be carried forward for use in the next fiscal year. Fund balances shall be invested with the state’s consolidated investment fund and any and all interest earnings on these investments shall be used solely for the purposes that moneys deposited in the fund may be used pursuant to this section.”

            The bill was then ordered to third reading.

            S. B. 663, Creating WV Feed to Achieve Act; 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, following the enacting section, by striking the remainder of the bill and inserting in lieu thereof the following:

ARTICLE 5D. West Virginia Feed to Achieve Act.

§18-5D-1. Short title.

            This act shall be known and may be cited as the West Virginia Feed to Achieve Act.

§18-5D-2. Legislative findings; intent.

            (a) The Legislature finds and declares that:

            (1) Every child in school needs to have nutritious meals in order to achieve his or her potential. Providing the best schools and teachers alone does not ensure a child is mentally present and able to learn. A growing body of research establishes that a hungry child is less able to process the information provided and is less likely to be attentive to the lessons being taught.

            (2) President Harry S. Truman began the national school lunch program in 1946 as a measure of national security to safeguard the health and well-being of the nation’s children and to encourage the domestic consumption of nutritious agricultural commodities and other food. Last year in West Virginia, 32.3 million school lunches were served to students in public schools.

            (3) Research shows that healthy eating, proper nutrition and regular physical activity result in students who have: (A) Increased standardized achievement test scores; (B) improved attendance; (C) reduced tardiness; (D) improved academic, behavioral and emotional functioning; and (E) improved nutrition, and for many students, the nutritious breakfast at school is essential.  

            (4) Schools that provide universal breakfast programs also report: (A) Decreases in discipline and psychological problems; (B) decreases in visits to school nurses; (C) decreases in tardiness; (D) increases in student attentiveness; (E) increases in attendance; and (F) improved learning environments, and these positive attributes are furthered through comprehensive healthy schools policies that include quality nutrition, integrating physical activity during the school day, and teaching children about the importance of embracing a healthy active lifestyle.

            (5) An effective school breakfast program is not an interruption of the school day; it is an integral and vital part of the school day.

            (6) The participation rate for the school breakfast program varies greatly among our counties. Those counties which have made a determined effort to increase participation by offering programs to best meet student needs, such as Grab-And-Go Breakfasts, providing Breakfast in the Classroom or providing Breakfast After First Period, are feeding significantly higher percentages of their students.

            (7) The West Virginia Center on Budget and Policy reports that in 2011 more than 25 percent of the children in West Virginia lived in homes with a household income below the federal poverty line, which is $23,050 for a family of four. About 50 percent of West Virginia children live in homes with a household income below twice the federal poverty level, $46,100 for a family of four, which is approximately the level of the Work Force West Virginia self-sufficiency standard.

            (8) The majority of students from families below the self-sufficiency standard are currently not eating breakfast at school. On the average school day during the 2011-2012 school year, less than half of the West Virginia students eligible for a federally funded free breakfast actually received one. On that same average day, only about one third of the students eligible to receive a reduced price breakfast actually received one.

            (9) In order to maximize each child’s potential to learn and develop, the Legislature, schools and communities must partner to provide the most basic support for learning: nutritious meals.

             (10) In order to maximize student participation in school nutrition programs and to reduce the secondary adverse impacts of poverty, it is important that schools provide nutritious meals without a risk to students of being stigmatized as poor.

            (11) High rates of childhood hunger and childhood obesity occur simultaneously because children are not receiving healthy, nutritious food. According to the Data Resource Center for Child and Adolescent Health and others, in 2008 West Virginia ranked 44 in overall prevalence of childhood obesity, with 35.5 percent of children considered either overweight or obese.

            (12) According to the 2008 Pediatric Nutrition Surveillance

System, which assesses weight status of children from low-income families participating in the Women Infants and Children program, 28.3 percent of low income children age 2-5 are overweight or obese in West Virginia.

            (13) The Food Research and Action Center has found that providing a balanced school breakfast may protect against childhood obesity. School breakfast participation, particularly when combined with comprehensive efforts that include regular physical activity and promote healthy eating habits, is associated with a lower body mass index, a lower probability of being overweight and a lower probability of obesity, all of which help prevent a range of chronic diseases including Type II Diabetes, high blood cholesterol, high blood pressure, heart disease and stroke.

            (14) Participation in federally funded meals in child care, preschool, school, or summer settings is associated with a lower body mass index among young, low income children.

            (15) Private and nonprofit sectors have shown a willingness to commit significant resources to addressing hunger in America, leveraging federal programs and enlisting their employees, customers and clients to improve the availability and accessibility of affordable, healthy food for those in need of assistance.

            (16) Public schools in this state and others are adopting a continuum of policies to implement low cost, effective programs that include physical activity, physical education, proper nutrition and the promotion of healthy eating habits, along with involvement by school staff, families and communities, and a variety of resources to assist schools in adopting and implementing these programs are easily accessible on the internet and through the Office of Healthy Schools in the West Virginia Department of Education.

            (b) In order to maximize the economies of scale and to access all available federal funds to support our school nutrition programs, the Feed to Achieve initiative directs schools to make available and to promote the federally approved and subsidized meals to all pre-kindergarten through twelfth grade students, to make them readily available, and to consider reducing or eliminating the cost to students if sufficient funds become available.

            (c) The Legislature intends to provide a framework for the State Board of Education and the county boards of education to provide, as effectively and as efficiently as possible, a minimum of two nutritious, meals each school day to all students.

            (d) The Legislature intends for the state and county boards of education to enter into public-private partnerships to eventually provide free nutritious meals for all pre-kindergarten through twelfth grade school children in West Virginia.

            (e) The Legislature encourages county boards to examine the options available for comprehensive policies and programs to improve student health and promote academic achievement and to establish a comprehensive policy on healthy schools that best meets the needs of their student population.

            (f) It is not the intention of the Legislature to allow or encourage parents to abdicate their parental responsibility related to providing healthy, nutritious meals for their children. However, it is the intent of the Legislature that no child be denied nutritious meals.

            (g) It is the intent of the Legislature that healthy nutritious school lunches be made available to all students in a manner which maximizes participation and minimizes stigma attached to participating low income students.

§18-5D-3. School nutrition programs.

            (a) Each county board of education shall establish and operate school nutrition programs under which, at a minimum, a nutritious breakfast and lunch are made effectively available to all students enrolled in the schools of the county in accordance with the State Board of Education standards. The standards shall include guidelines for determining the eligibility of students for paid, free and reduced meals. The standards shall also establish procedures and guidelines for the Feed to Achieve initiative to allow for the provision of healthy, nutritious meals to all elementary school students, without cost to students, where schools find it practical to do so.

            (b) The Feed to Achieve initiative will be phased in for all elementary schools as sufficient funds become available, through donations, contributions and payments made by individuals, communities, businesses, organizations and parents or guardians on behalf of students. Nothing in this article prohibits any school from providing free meals to all of its students.

            (c) Each county board of education shall:

            (1) Require all schools to adopt a delivery system approved by the state Office of Child Nutrition, no later than the 2015 school year, that ensures all students are given an adequate opportunity to eat breakfast. These approved systems shall include, but are not limited to, Grab-And-Go Breakfasts, Breakfast In The Classroom or Breakfast After First Period; and

            (2) Collaborate with the state Office of Child Nutrition to develop strategies and methods to increase the percentage of children participating in the school breakfast and lunch nutrition programs.

            (d) In addition to other statistics, the county boards of education, in consultation with the state Office of Child Nutrition, shall determine the number of children in each school who are participating in each meal offered by the school; the number of children who are not eating each meal offered by the school; and the total daily attendance.  

            (e) The state Office of Child Nutrition shall report to the Joint Committee on Government and Finance, the Select Committee on Children and Poverty and the Legislative Oversight Commission on Education Accountability on or before December 31, 2015, and each year thereafter, on the impacts of the Feed to Achieve Act and any recommendations for legislation.

            (f) County boards of education may utilize the nonprofit funds or foundations established in section four of this article or other available funds to offset the costs of providing free meals, after school and summer nutrition programs to elementary students.

            (g) If at any time federal financial appropriations to this state for school nutrition programs are terminated, county boards of education are hereby authorized, but not required, to continue the programs at their own expense.

            (h) Classroom teachers may not be required to participate in the operation of the school breakfast program as part of their regular duties.

§18-5D-4. Creating public-private partnerships; creating non-profit foundation or fund; audit.

            (a) The Department of Education and each county board of education shall promptly establish a fund that is restricted solely for the receipt and expenditure of gifts, grants and bequests for the purposes of this article and may establish in lieu thereof a nonprofit foundation for this purpose. The purpose of the fund or nonprofit foundation is to provide supplemental or matching funds to increase participation in the nutrition programs in the Feed to Achieve initiative set forth in subsection (c) of this section. The Department of Education shall utilize its fund or nonprofit foundation to assist county boards of education in counties whose fund or foundation lacks sufficient business, industry and individual contributors to fund the Feed to Achieve nutrition programs.

            (b) Financial support for the fund or foundation may come from either public or private gifts, grants, contributions, bequests and endowments.

            (c) Expenditures from the state or county funds or by the foundations shall be used for provision of food to students through any of the programs or initiatives approved by the Office of Child Nutrition, including the following programs: School Breakfast Program, National School Lunch Program, the Summer Food Service Program, the Fresh Fruit and Vegetable Program, the Child and Adult Care Food Program, the farm to school initiative, and community gardens. Expenditures may also be made for initiatives developed with the Department of Health and Human Resources and public-private partnerships to provide outreach and nutritional meals when students are not in school.

            (d) No administrative expenses or personnel expenses for any of the state departments implementing this act, the State Board of Education, any county board of education, school or program may be paid from the funds or by the foundations.

            (e) Individuals or businesses that contribute to the funds or foundations may specify schools or nutrition programs for which the contribution is to be used.

            (f) The Department of Education and county boards of education may establish public-private partnerships to enhance current or advance additional nutrition programs that provide nutritious food for children to take home for weekend meals.

            (g) The Department of Education and county boards of education shall form or expand existing partnerships with the federal and state departments of agriculture, Department of Health and Human Resources, local master gardeners, county extension agents or other experts in the field of agriculture or gardening to develop community gardens, farm to school programs and other such programs that teach students how to grow and produce healthy food and provide healthy food to the students.

            (h) The Department of Education shall collaborate with the Department of Health and Human Resources to develop effective strategies and programs such as after school nutrition outreach and programs that improve the healthy lifestyle of all students in pre-kindergarten through twelfth grade. The Department of Health and Human Resources may propose rules for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code to effectuate any programs so developed.

            (i) All moneys contributed to a fund or foundation established pursuant to this section and all expenditures made therefrom shall be audited as part of the annual independent audit of the State Board of Education and the county boards of education.”

            The bill was then ordered to third reading.

            S. B. 664, Decreasing appropriations of public moneys in State Fund, General Revenue: 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 seven, by striking out the words “Whereas, The Constitution of the State of West Virginia requires that there be a balance between the state’s revenues and expenditures for each fiscal year; and”.

            The bill was then ordered to third reading.

            Com. Sub. for H. B. 2014, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution; on second reading, coming up in regular order, was read a second time.

            Delegates Lane, Cowles, Armstead, Gearheart, Ambler, Arvon, Border, Butler, Cadle, Cooper, Espinosa, D. Evans, Faircloth, Folk, Frich, Hamrick, Howell, Ireland, Kump, McCuskey, Miller, Overington, Pasdon, Rowan, R. Smith, Sobonya, Storch, Sumner, Walters and Westfall moved to amend the bill on page eighty-seven, Item 67, following line ninety, by inserting the following:

            “From the above appropriation for Medical Services (Fund 0403, Activity 189) no funds shall be used to perform abortions if the probable gestation age of the unborn child has been determined to be 20 weeks or more or, if earlier, after the unborn child has reached the stage of development which accepted medical science has determined to be the earliest that the fetus can experience pain, unless the attending physician and two consulting physicians certify that the abortion is necessary in their best clinical judgment to preserve the life or health of the pregnant woman or to avert serious risk of substantial physical impairment of a major bodily function of the pregnant woman.”

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

            The yeas and nays having been ordered, they were taken (Roll No. 288), and there were--yeas 45, nays 53, absent and not voting 2, with the yeas and absent and not voting being as follows:

            Yeas: Ambler, Anderson, Andes, Armstead, Arvon, Ashley, Azinger, Border, Butler, Cadle, Canterbury, Cooper, Cowles, Ellem, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Ferns, Folk, Frich, Gearheart, Hamilton, Hamrick, Householder, Howell, Ireland, Kump, Lane, McCuskey, Miller, E. Nelson, O’Neal, Overington, Pasdon, Raines, Romine, Rowan, Shott, R. Smith, Sobonya, Storch, Sumner and Westfall.

            Absent and Not Voting: J. Nelson and Walters.

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

            Delegates Lane, Cowles, Ambler, Armstead, Arvon, Azinger, Border, Butler, Cadle, Cooper, Espinosa, D. Evans, Faircloth, Folk, Frich, Gearheart, Hamrick, Howell, Ireland, Kump, McCuskey, Miller, Rowan, R. Smith, Sobonya, Sumner, Walters and Westfall moved to amend the bill on page one hundred ninety-seven, Item 245, following line one, by inserting the following:

            “Funds from this fund may not be expended for a health benefit exchange established pursuant to section three, article sixteen-g, chapter thirty-three of the West Virginia Code, or any activities or duties of the exchange, or to fund any duties or activities necessary or incidental to providing any services or duties necessary to be performed by this state to regulate, oversee, coordinate, monitor enforcement or otherwise provide any other state related services required by, related to, incidental to, or to be a member of or participate or partner in, a federal or national insurance or health benefit exchange established or existing pursuant to the Federal Patient Protection Act (Public Law 111-148), as amended by the Federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152).”

            And,

            On page two hundred eighty, Item 359, following line eight, by inserting the following:

            “Funds from this fund may not be expended for a health benefit exchange established pursuant to section three, article sixteen-g, chapter thirty-three of the West Virginia Code, or any activities or duties of the exchange, or to fund any duties or activities necessary or incidental to providing any services or duties necessary to be performed by this state to regulate, oversee, coordinate, monitor enforcement or otherwise provide any other state related services required by, related to, incidental to, or to be a member of or participate or partner in, a federal or national insurance or health benefit exchange established or existing pursuant to the Federal Patient Protection Act (Public Law 111-148), as amended by the Federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152).”

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

            The yeas and nays having been ordered, they were taken (Roll No. 289), and there were--yeas 41, nays 57, absent and not voting 2, with the yeas and absent and not voting being as follows:

            Yeas: Ambler, Anderson, Andes, Armstead, Arvon, Ashley, Azinger, Border, Butler, Cadle, Canterbury, Cooper, Cowles, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Folk, Frich, Gearheart, Hamilton, Hamrick, Householder, Howell, Ireland, Kump, Lane, McCuskey, Miller, E. Nelson, O'Neal, Overington, Raines, Romine, Rowan, Shott, R. Smith, Sobonya, Sumner and Westfall.

            Absent and Not Voting: J. Nelson and Walters.

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

            Delegates Cowles, Ambler, Azinger, Cadle, Cooper, Espinosa, D. Evans, Folk, Gearheart, Ireland, McCuskey and R. Smith moved to amend the bill on page forty, Item 29, line one, by striking out “3,500,000” and inserting in lieu thereof the following: “0”.

            On page one hundred ninety-four, Item 238, line three, by striking out “4,000,000”and inserting in lieu thereof the following: “0”.

            On page one hundred ninety-four, Item 238, line four by striking out “10,800,000” and inserting in lieu thereof the following: “6,800,000”.

            On page one hundred twenty-nine, Item 118, line four by striking out “60,000,000” and inserting in lieu thereof the following: “67,500,000”.

            And,

            On page one hundred thirty, Item 118, line fifteen, by striking out “1,115,890,000” and inserting in lieu thereof the following: “1,123,390,000”.

            Delegates Gearheart, Cowles, Ambler, Azinger, Border, Butler, Cadle, Cooper, D. Evans, Faircloth, Hamrick, Miller, E. Nelson, Pasdon, R. Smith, Walters and Westfall moved to amend the bill on page forty-six, Item 36, line thirty-six, by striking out “2,000,000” and inserting in lieu thereof “1,880,000”.

            On page forty-seven, Item 36, line forty-four, by striking out “17,348,000” and inserting in lieu thereof “17,228,794”.

            On page seventy-six, Item 63, line sixteen, by striking out “233,985” and inserting in lieu thereof “353,985”.

            On page seventy, Item 63, line thirty-nine, by striking out “76,958,601” and inserting in lieu thereof “77,078,601”.

            And,

            On page seventy-nine, Item 63, line seventy-eight, after the word “Inc.”, by inserting a semicolon and the following:

            “$10,000 for the mortgage payment for the Lincoln Primary Care Center, Inc.; $10,000 for the mortgage payment for Roane County Family Health Care, Inc.; $10,000 for the mortgage payment for the Belington Clinic; $10,000 for the mortgage payment for Valley Health Care (Randolph); $10,000 for the mortgage payment for the Preston-Taylor Community Health Center, Inc.; $10,000 for the mortgage payment for the Pendleton Community Care, Inc.; $10,000 for the mortgage payment for Bluestone Health Association, Inc.; $10,000 for the mortgage payment for the Minnie Hamilton Health Care Center, Inc.; $10,000 for the mortgage payment for the Shenandoah Valley Medical Systems, Inc.; $10,000 for the mortgage payment for the Change, Inc.; $10,000 for the mortgage payment for Valley Health Systems, Inc.; and $10,000 for the mortgage payment for the Wirt County Health Services Association.”

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

            The yeas and nays having been ordered, they were taken (Roll No. 290), and there were--yeas 23, nays 75, absent and not voting 2, with the yeas and absent and not voting being as follows:

            Yeas: Armstead, Arvon, Azinger, Border, Cadle, Cooper, Cowles, Ellington, Espinosa, D. Evans, Faircloth, Folk, Gearheart, Hamrick, Householder, Howell, Ireland, Lane, Miley, Overington, Rowan, Shott and R. Smith.

            Absent and Not Voting: J. Nelson and Walters.

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

            The bill was then 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. 21, Creating Health Care Provider Transparency Act,

            Com. Sub. for S. B. 22, Requiring maternity services coverage for all health insurance plan dependents in certain circumstances,

            Com. Sub. for S. B. 74, Relating to jury service qualification,

            Com. Sub. for S. B. 101, Clarifying Medical Professional Liability Act applies to nursing homes and their health care providers,

            Com. Sub. for S. B. 103, Creating WV Commuter Rail Access Act,

            S. B. 125, Permitting Monongalia County Commission to levy special district excise tax ,            Com. Sub. for S. B. 146, Collecting unpaid magistrate court charges through income tax refund withholding,

            Com. Sub. for S. B. 172, Relating to nonintoxicating beer distributor licensees,

            Com. Sub. for S. B. 185, Relating to alternative-fuel motor vehicles and qualified refueling infrastructure tax credits,

            S. B. 190, Relating to public-private transportation projects funding,

            Com. Sub. for S. B. 335, Permitting certain hospitals exemption from certificate of need,            Com. Sub. for S. B. 336, Relating to interscholastic athletics concussions and head injuries,            S. B. 394, Relating to scholarships for dependent children of state troopers who die in performance of duty,

            S. B. 403, Relating to judicial retirement system contribution rates,

            Com. Sub. for S. B. 414, Clarifying hunting and fishing license-issuing authorities,            S. B. 423, Providing certain convicted persons reduction in sentence,

            Com. Sub. for S. B. 438, Authorizing reorganization of certain community and technical colleges,

            Com. Sub. for S. B. 444, Relating to higher education generally,

            S. B. 460, Exempting certain residents’ active duty military pay from state income tax,

            Com. Sub. for S. B. 461, Relating to procedures and protections for child witnesses in domestic relations proceedings,

            S. B. 470, Permitting wine sale on Sunday mornings at fairs and festivals,

            S. B. 489, Permitting community enhancement districts to decrease annual property assessments,

            Com. Sub. for S. B. 498, Relating to hearing location for Alcohol Beverage Control Administration’s appeal hearings,

            S. B. 507, Relating to PERS and State Police Retirement System contribution rates,

            Com. Sub. for S. B. 527, Relating to process of filling vacancies in certain elected offices,

            Com. Sub. for S. B. 564, Increasing minimum construction cost of municipal public works project before competitive bidding is required,

            S. B. 601, Removing requirement certain juvenile proceedings be sealed,

            Com. Sub. for S. B. 630, Relating to Chief Technology Officer’s duties with regard to security of government information,

            And.

            S. B. 652, Requiring criminal background checks for home inspector applicants.

Miscellaneous Business

            Delegate Lane asked and obtained unanimous consent that the remarks of Delegate Perdue regarding S. B. 265, Authorizing DHHR promulgate legislative rules, be printed in the Appendix to the Journal.

            Delegate Perdue asked and obtained unanimous consent that the remarks of Delegate Lane regarding S. B. 265, Authorizing DHHR promulgate legislative rules, be printed in the Appendix to the Journal.

            Delegate Perdue then asked and obtained unanimous consent that the remarks of Delegate White regarding the amendment offered by Delegate Lane to Com. Sub. for H. B. 2014, Budget Bill, be printed in the Appendix to the Journal.

Leaves of Absence

            At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates J. Nelson.

            At 3:48 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, April 12, 2013.

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