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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





__________*__________



 

Friday, April 12, 2013

FIFTY-NINTH 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 Thursday, April 11, 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. 43, Designating “Take Me Home, Country Roads” written by John Denver, Taffy Nivert, and Bill Danoff and initially recorded by John Denver, an official state song of West Virginia,

            H. C. R. 95, The “Army PFC Willie P. ‘Jenkie’ Wilson Memorial Bridge”,

            H. C. R. 107, Expressing support for the President’s proposal to increase the minimum wage to $9 per hour from $7.25 per hour,

            H. C. R. 123, Requesting a study of the feasibility of reapportioning the number of magistrates among our counties,

            H. C. R. 128, Requesting the Joint Committee on Government and Finance to study the needs, challenges and issues facing senior citizens in finding personal care services,

            H. C. R. 132, Requesting a study on whether insurers licensed to sell motor vehicle insurance should be prohibited from raising premiums after a claim which no insured person was at fault,

            H. C. R. 134, Requesting a study on whether employees of the State whose salaries are not set my statute should be granted an annual salary increase of $1,000 per year,

            H. C. R. 141, Requesting a study to require social workers to be employed in each public school, K through 8 in the state,

            H. C. R. 142, Urging Congress to swiftly take bipartisan, concrete action to address the growing scourge of prescription drug abuse in West Virginia and other states,

            H. C. R. 143, The “Sloan Brother’s Memorial Bridge”,

            H. C. R. 144, The “Quentin H. Wickline Memorial Bridge”,

            H. C. R. 150, Requesting a study in regard to whether crossbow hunting should be authorized,

            H. R. 21, Calling upon the United States Congress to protect Social Security benefits,

            H. R. 31, Requesting Congress to revoke the policy of extending “trusted traveler” status under the Global Entry Program to Saudi Arabian travelers,

            H. R. 33, Requesting the House of Delegates Women’s Caucus, acting as an Interim Study Committee, study crimes against children,

            And,

            S. C. R. 37, Requesting DOH name bridge in Hardy County “Army 1SG Boyd ‘Doc’ Slater Memorial Bridge”,

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

            At the respective requests of Delegate Boggs, and by unanimous consent, reference of H. C. R. 107 to a committee was dispensed with, and it was taken up for immediate consideration.

            The question now being on the adoption of the resolution, Delegate Caputo demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 291), and there were--yeas 87, nays 11, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Andes, Cowles, Ellington, Espinosa, Folk, Gearheart, Householder, Ireland, Kump, Overington and Shott.

            Absent and Not Voting: Howell and J. Nelson.

             So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 107) adopted.

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

            On motion for leave, a resolution was introduced (Originating in the Committee on Education and reported with the recommendation that it be adopted), which was read by its title, as follows:

By Delegates M. Poling, Stowers, Barill, Campbell, Fragale, Lawrence, Perry, Pethtel, Tomblin, Walker, Westfall, Williams, Young, Pasdon, Ambler, Butler, Cooper, Espinosa, Evans, Hamrick, Raines Rowan and Sumner:

            H. C. R. 155 - “Requesting the Joint Committee on Government and Finance to conduct a study on better connecting the education system to workforce and career futures, improving career and technical education and making West Virginia a leader in remote technology and distance learning.”

            Whereas, Among the education delivery improvements addressed by the Education Efficiency Audit of West Virginia’s Primary and Secondary Education System conducted by Public Works, LLC, are thirteen recommendations for better connecting the education system to workforce and career futures, including the areas of strengthening state-level coordination and planning, expanding high school options and strengthening PK-12/higher education articulation; and

            Whereas, Among the education delivery improvements addressed by the Education Efficiency Audit of West Virginia’s Primary and Secondary Education System conducted by Public Works, LLC, are fifteen recommendations related to making West Virginia a leader in remote technology and distance learning, including the areas of on-line access, on-line content, on-line instruction and teacher training; and

            Whereas, In a letter to the State Board, the Governor asks them to pursue cross-counseling between public education and career and technical colleges to help students understand and prepare for career options, to require every career center to adopt or develop at least one career pathway meets the SREB quality standards for Preparation for Tomorrow, and to investigate Project 24 and advise him how the State can take advantage of this planning approach; and

            Whereas, Success in each of these areas is critical to the development of West Virginia’s workforce and economic growth; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to conduct a study on better connecting the education system to workforce and career futures, improving career and technical education and making West Virginia a leader in remote technology and distance learning; and, be it

            Further Resolved, That the Joint Committee on Government and Finance is requested to report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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

By Delegates M. Poling, Stowers, Barill, Campbell, Fragale, Lawrence, Perry, Pethtel, Tomblin, Walker, Westfall, Williams, Young, Pasdon, Ambler, Butler, Cooper, Espinosa, Evans, Hamrick, Rowan and Sumner:

            H. C. R. 156 - “Requesting the Joint Committee on Government and Finance to conduct a study on establishing a comprehensive educator career development continuum.”

            Whereas, West Virginia has a very experienced teaching force, a large percentage of whom are eligible for retirement but still working, and the State should be concerned about methods for attracting and preparing the next generation of educators and supporting their development through the first years of their careers; and

            Whereas, The profession of teaching, like other professions, should provide for a routine progression continuing education for license maintenance and opportunities for salary progression as additional knowledge is acquired that directly affects their teaching ability; and

            Whereas, The time and resources available for professional development are precious and must be carefully allocated among competing state and local level identified needs and routine annual requirements; and

            Whereas, Like other professionals, teachers should be afforded an opportunity to progress in their teaching careers, take on more responsibility and share their expertise with other less experienced teachers without leaving classroom teaching completely; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to conduct a study on establishing a comprehensive educator career development continuum; and be it

            Further Resolved, That the study should consider as part of the continuum elements such as:

            (A) Encouraging and supporting an interest in the teaching profession among middle and high school students and increasing their preparation for success in college;

            (B) Increasing the academic and professional practice preparation of graduates from colleges of teacher education;

            (C) Improving the efficiency and focus of professional development including, but not limited to:

            (i) Support for improving the professional practice of new and emerging teachers and principals;

            (ii) Efficient and least time consuming methods for providing routine information and annually required professional development requirements of statute and policy; and

            (iii) Uniform, effective professional development necessary to implement state initiatives, including changes in standards, assessments, instructional strategies and other major policies affecting teachers and building level administrators;

            (D) Establishing a progression of required continuing education for periodic certificate renewal;

            (E) Aligning course work and professional development allowed for salary progression with the knowledge and skills directly related to the profession of teaching in the public schools; and

            (F) Establishing a pathway for master teachers to progress in teacher leadership positions without leaving the classroom completely; and, be it

            Further Resolved, That the Joint Committee on Government and Finance is requested to report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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

By Delegates M. Poling, Stowers, Barill, Campbell, Fragale, Lawrence, Perry, Pethtel, Tomblin, Walker, Westfall, Williams, Young, Pasdon, Ambler, Butler, Cooper, Espinosa, Evans, Hamrick, Rowan and Sumner:

            H. C. R. 157 - “Requesting the Joint Committee on Government and Finance to conduct a study on restoring the authority, flexibility, and capacity of schools and school systems to improve student learning to meet or exceed the expectations established by the state board and Legislature.”

            Whereas, Among the major issues raised by the Education Efficiency Audit of West Virginia’s Primary and Secondary Education System conducted by Public Works, LLC, is a description of West Virginia’s system of schools as heavily regulated; and

            Whereas, Among the general conclusions of the Audit is the need to drive more educational decision-making down to the level closest to the students, to the classroom and building level - allowing principals to lead and teachers to deliver the most effective curriculum for their students - and then holding them accountable for student success; and

            Whereas, The Audit reviewed many areas of operational efficiency in the education system including overall organization, administration and management; design and delivery of programs and services and oversight of each program; facilities; delivery of educational services; purchasing; food services and child nutrition; transportation; human resources; and information technology, and made recommendations that represent savings of just over $18.1 million in Year One and $115.7 million over five years that could be reinvested in improving education; and

            Whereas, The Legislature should continue to review the effects of its statutes on the authority, flexibility, and capacity of schools and school systems to improve student learning, as well as the policies and practices in place within the school system that impede efficiency; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to conduct a study on restoring the authority, flexibility, and capacity of schools and school systems to improve student learning to meet or exceed the expectations established by the state board and Legislature; and be it

            Further Resolved, That the study should include at least the following:

            (A) Areas that should be addressed to enhance the authority, flexibility and capacity of local school systems and schools to meet the state’s educational objectives for student achievement through local level policy, planning and practices that are the most appropriate for their students, families, employers and community given the characteristics of their districts;

            (B) The performance and progress of students on the state summative assessment, other state mandated assessments and the National Assessment of Educational Progress, including ten-year trend data, and the amount of instructional time consumed by state mandated assessments; and

            (C) The results of efforts to improve the operational efficiency of West Virginia’s public elementary and secondary school system; and, be it

            Further Resolved, That the Joint Committee on Government and Finance is requested to report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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

By Delegates M. Poling, Stowers, Barill, Campbell, Fragale, Lawrence, Perry, Pethtel, Tomblin, Walker, Westfall, Williams, Young, Pasdon, Ambler, Butler, Cooper, Espinosa, Evans, Hamrick, Rowan and Sumner:

            H. C. R. 158 “Requesting the Joint Committee on Government and Finance to conduct a study on how the governance of Regional Education Service Agencies can be best aligned, focused and directed to assist county boards in achieving administrative and purchasing efficiencies, meeting the professional development needs identified by schools and school systems within the RESA membership, providing specialized services that are otherwise financially difficult or impractical for any one county of the RESA to provide, and developing programs or services that the county school systems consider beneficial to their goals and that can be more efficiently provided at the RESA level.”

            Whereas, Regional Education Service Agencies were established in 1972 to consolidate and more effectively administer existing regional education programs, equalize and extend educational opportunities and provide educational services to the county school systems; and

            Whereas, Regional Education Service Agencies have been the subject of considerable legislative attention, particularly in the late 1980s and early 1990 when additional state determined duties were added to the charge of the RESAs and were funded through a step in the school aid formula; and

            Whereas, Regional Education Service Agency funding has been capped and reduced for many years and RESA governance was restructured through the passage of legislation in 2002 which established agency governance and oversight with the state Board of Education, including employment of the RESA directors; and

            Whereas, The Governor’s Education Efficiency Audit of West Virginia’s Primary and Secondary Education System found that RESAs have become entrepreneurial in providing programs and services not related to their basic mission and the state should make much better use of the RESAs for improving operational efficiency; and

            Whereas, County Boards of Education and county school superintendents, among other policy officials, question the efficacy of the current Regional Education Service Agency governance structure, contending that it effectively distances RESAs from the very county boards of education, county schools superintendents, school administrators and school personnel they are to serve; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to conduct a study on how the governance of Regional Education Service Agencies can be best aligned, focused and directed to assist county boards in achieving administrative and purchasing efficiencies, meeting the professional development needs identified by schools and school systems within the RESA membership, providing specialized services that are otherwise financially difficult or impractical for any one county of the RESA to provide, and developing programs or services that the county school systems consider beneficial to their goals and that can be more efficiently provided at the RESA level; and, be it

            Further Resolved, That county school officials, including county boards of education members, county schools superintendents and other persons, be called upon to provide information and testimony for this study; and, be it

            Further Resolved, That the Joint Committee on Government and Finance is requested to report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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

By Delegates M. Poling, Stowers, Barill, Campbell, Fragale, Lawrence, Perry, Pethtel, Tomblin, Walker, Westfall, Williams, Young, Pasdon, Ambler, Butler, Cooper, Espinosa, Evans, Hamrick, Rowan and Sumner:

            H. C. R. 159 “Requesting the Joint Committee on Government and Finance to conduct a study regarding higher education governance and capital projects and facilities in West Virginia.”

            Whereas, The Legislature very recently conducted an exhaustive study regarding the capital projects and facilities needs in West Virginia; and

            Whereas, The Legislature developed and codified a comprehensive, system-wide and state-wide system for capital development; and

            Whereas, The state system of higher education recently has experienced significant development and expansion in the areas of capital construction and improvements; and

            Whereas, A study is needed regarding the adherence of institutions to the current laws governing capital planning and development; and

            Whereas, A study is needed regarding whether any amendments to the established planning and development system are necessary or beneficial; and

            Whereas, A study is needed regarding the impact of the dual authority of governing boards and the commission or council, as appropriate, over state institutions of higher education;

            Whereas, A study is needed regarding the impact of commission and council oversight of and approval authority over institutions and their capital projects; and

            Whereas, A study is needed regarding the impact of public-private partnerships in higher education capital projects and facilities, including the ability of an institution to avoid application of state laws governing public contracts; and

            Whereas, A study is needed regarding the effect of institutions avoiding state laws regarding capital development by combining smaller projects for which commission or council approval is not required to form a larger project which would require commission or council approval if regarded in total; and therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to conduct a study regarding higher education governance and capital projects and facilities in West Virginia; and, be it

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

By Delegates M. Poling, Stowers, Barill, Campbell, Fragale, Lawrence, Perry, Pethtel, Tomblin, Walker, Westfall, Williams, Young, Pasdon, Ambler, Butler, Cooper, Espinosa, Evans, Hamrick, Rowan and Sumner:

            H. C. R. 160 – “Requesting the Joint Committee on Government and Finance to conduct a study regarding outcomes-based funding models used in higher education and a method of incorporating one or more of these models as an effective piece of the state’s higher education financing policy.”

            Whereas, It is in the best interest of the citizens of West Virginia to have an affordable, effective and comprehensive system for the delivery of public higher education services; and

            Whereas, In order to achieve desired goals of economic growth and societal well being, it is critical that more citizens have some level of education beyond high school; and

            Whereas, West Virginia Code has established goals and objectives that state institutions are expected to work toward achieving by the year 2020, and also provides mechanisms for measuring success, and for holding the state systems of higher education accountable; and

            Whereas, Clear connections can be made between the budget cycle, the goals and objectives for higher education and both positive and negative consequences for institutions; and

            Whereas, An effective tool for influencing and directing public higher education behavior, and ensuring that institutions focus on the public policy agenda, is to establish outcomes-based goals, accountability measures and regulatory devices; and

            Whereas, Resources appropriated to public higher education are used most effectively and efficiently when the attention of state colleges and universities is focused on meeting established priorities; and

            Whereas, This focus is developed and sustained only when the state financing policy contains a direct connection between the Legislature’s power to appropriate money and desired institutional outcomes; and

            Whereas, Establishing a financing policy that ties funding directly to progress on achieving established state goals and objectives is a critical component of achieving those goals for higher education; and therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to conduct a study regarding outcomes-based funding models used in higher education and a method of incorporating one or more of these models as an effective piece of the state’s higher education financing policy; and, be it

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

By Delegates M. Poling, Stowers, Barill, Campbell, Fragale, Lawrence, Perry, Pethtel, Tomblin, Walker, Westfall, Williams, Young, Pasdon, Ambler, Butler, Cooper, Espinosa, Evans, Hamrick, Rowan and Sumner:

            H. C. R. 161 - “Requesting the Joint Committee on Government and Finance to conduct a study regarding the full cost of an education at the state institutions of higher education in West Virginia, and the tuition and fee charges for non-resident students attending public colleges in West Virginia.”

            Whereas, In order to achieve desired goals of economic growth, educated workforce, improved quality of life and societal well being, it is critical that state citizens pursue education beyond high school; and

            Whereas, A substantial portion of state revenues are derived from taxes paid by the citizens of West Virginia; and

            Whereas, There is an important state purpose in subsidizing the cost of higher education for West Virginia citizens and requiring a tuition differential between resident and non-resident students attending public college in the state; and

            Whereas, It is important to ensure that state appropriations are used in the most effective and efficient manner possible, and that revenue sources available to public colleges are utilized to the maximum degree possible

            Whereas, Non-resident tuition rates among the public colleges in West Virginia are often lower than the resident tuition rates set in the states from which non-resident students are attracted; and

            Whereas, Metro student rates are authorized and utilized in West Virginia in order to benefit the individuals residing in the vicinity of public colleges and contributing to the local economies of those colleges; and

            Whereas, It is important that state institutions of higher education be required to charge non-resident students for the actual cost of educating such students, and set non-resident tuition and fee rates at that level; and

            Whereas, In order for the state to ensure that public colleges are maximizing resources available from non-resident students, it is imperative that the true and actual cost of education be determined for each state institution of higher education in the state; and therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to conduct a study regarding the full cost of an education at the state institutions of higher education in West Virginia, and the tuition and fee charges for non-resident students attending public colleges in West Virginia; and, be it

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

            And,

By Delegates M. Poling, Stowers, Barill, Campbell, Fragale, Lawrence, Perry, Pethtel, Tomblin, Walker, Westfall, Williams, Young, Pasdon, Ambler, Butler, Cooper, Espinosa, Evans, Hamrick, Rowan and Sumner:

            H. C. R. 162 – “Requesting the Joint Committee on Government and Finance to conduct a study regarding the administrative level of the state institutions of higher education in this state, and the impact that the degree of administrative overhead at the institutions has on the increasing cost of attending college in the state.”

            Whereas, Since the mid-twentieth century the annual cost of attending college in West Virginia has risen dramatically; and

            Whereas, The cost of attending college in West Virginia increases every year, and at a rate that is grossly disproportionate to increases in state average household income, inflationary rate or economic growth rate; and

            Whereas, As the cost of attendance rises, students and their families are more frequently required to increase debt loads and reduce lifestyle standards in order to finance the cost of higher education; and

            Whereas, The increasing cost of higher education in West Virginia negatively impacts state budgets, student financial aid programs, family budgets, and the overall education attainment level of the state’s citizenry; and

            Whereas, The steadily rising cost of higher education in West Virginia, compared to the average ability to pay, inhibits many eager and capable students from pursing education beyond the high school level purely for financial reasons; and

            Whereas, One apparent and significant reason for the steady and disproportionate increase in the cost of a college education in the state is the consistent increase in administrative functions and positions across the higher education system; and

            Whereas, An examination is needed of the administration level of the state institutions of higher education in this state, including but not limited to administrative functions, duties, costs and expansion; and

            Whereas, An examination is needed regarding the impact that the degree of administrative overhead at the institutions has on the increasing cost of attending college in the state; and

            Whereas, It is in the best interest of the students in West Virginia, as well as the overall economic health and well-being of citizens and the general quality of life in the state, to examine these issue and explore solutions; and therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to conduct a study regarding the administration level of the state institutions of higher education in this state, and the impact that the degree of administrative overhead at the institutions has on the increasing cost of attending college in the state; and, be it

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

            In the absence of objection, the Speaker referred the resolutions to the Committee on Rules.

Messages from the Senate

A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had receded from its amendments and again passed a bill of the House of Delegates as follows:

            Com. Sub. for H. B. 2471, Prohibiting the restriction or otherwise lawful possession, use, carrying, transfer, transportation, storage or display of a firearm or ammunition during a declared state of emergency.

            A message from the Senate, by

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

            H. B. 2542, Relating to publication of the State Register.

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

            The following Senate amendments were reported by the Clerk:

            On page five, section seven, lines seventy though seventy-three, by striking out subsection (d) and inserting in lieu thereof a new subsection, designated subsection (d), to read as follows:

            “(d) The Secretary of State may propose rules for legislative approval, in accordance with the provisions of article three of this chapter, to change the procedures outlined in this section.”

            And,

            By amending the title of the bill to read as follows:

            H. B. 2542 - “A Bill to amend and reenact §29A-2-7 of the Code of West Virginia, 1931, as amended, relating to publications of the Secretary of State; requiring the State Register, Code of State Rules and other documents of the Secretary of State be available only in electronic format; exceptions; rule-making authority; and providing that the fees collected for the sale of certain records will be deposited in equal amounts into the General Revenue Fund and the service fees and collections account.”

            On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendments.

            The bill, as amended by the Senate, was then put upon its passage.

            On the passage of the bill, the yeas and nays were taken (Roll No. 292), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Howell and J. Nelson.

             So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2542) passed.

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

            On this question, the yeas and nays were taken (Roll No. 293), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Howell 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 (H. B. 2542) takes effect from its passage.

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

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to

            Com. Sub. for H. B. 2585, Increasing the time to file a petition in response to notice of an increased assessment.

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

            Senators Tucker, Cookman and Carmichael.

            On motion of Delegate Boggs, the House of Delegates agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.

            Whereupon,

            The Speaker appointed as conferees on the part of the House of Delegates the following:

            Delegates Skaff, Sponaugle and Hamilton.

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

            A message from the Senate, by

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

            Com. Sub. for H. B. 2979, Relating to broadband deployment projects.

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

            The following Senate amendments were reported by the Clerk:

            On page five, section four, subsection (c), after the word “future” and the period, by inserting the following:

            “In providing governmental funding for broadband deployment projects, the council shall give priority to funding for projects in areas without access to broadband service of any type or any speed before providing governmental funding for projects in areas with existing broadband service below the minimum speeds specified in section two of this article.”

            And,

            By amending the title of the bill to read as follows:

            Com. Sub. for H. B. 2979 - “A Bill to amend and reenact §31-15C-2, §31-15C-4, §31-15C-8, §31-15C-9 and §31-15C-10 of the Code of West Virginia, 1931, as amended, all relating to the Broadband Deployment Council; modifying and adding definitions; clarifying that the data rate for broadband will be the same as specified by the Federal Communications Commission; requiring the Council to give priority for funding for broadband service to unserved areas; requiring annual reports to the Joint Committee on Government and Finance; extending the council’s public outreach and education efforts beyond unserved areas; rule-making and emergency rule-making authority; revising the council’s guidelines and criteria for funding assistance; modifying the application process for project assistance; and revising notice and publication requirements.”

            Delegate Espinosa requested to be excused from voting on the passage of Com. Sub. for H. B. 2979 under the provisions of House Rule 49.

            The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.

            On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendments.

            The bill, as amended by the Senate, was then put upon its passage.

            On the passage of the bill, the yeas and nays were taken (Roll No. 294), and there were--yeas 96, nays 2, absent and not voting 2, with the absent and not voting being as follows:

            Nays: Armstead and Kump 

            Absent and Not Voting: Howell and 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. 2979) 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 concurrence in the amendment of the House of Delegates and the passage, as amended, of

            Com. Sub. for S. B. 60, Relating to name-change notice publication requirements.

            A message from the Senate, by

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

            Com. Sub. for S. B. 71, Requiring descriptions of easements and rights-of-way include width in addition to centerline; exception.

            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. 35 - “Requesting the Joint Committee on Government and Finance study West Virginia’s aging watershed dams and channels to determine how to address the operation, maintenance, repair and ownership of the watershed dams to ensure they continue to provide flood control, water supply and recreational benefits to the citizens of the state.”

            Whereas, The mission of the West Virginia Conservation Agency is to preserve West Virginia’s natural resources by working with partners to promote soil and water conservation; and

            Whereas, The West Virginia Conservation Agency, working with the state’s conservation districts and local governments, is responsible for the inspection, operation, maintenance and repair of 170 watershed dams and twenty-two channels throughout West Virginia, and is also responsible for the rehabilitation of the state’s aging watershed dam infrastructure; and

            Whereas, Of the 170 flood control dams, 169 have been classified as high hazard by the West Virginia Department of Environmental Protection’s Dam Safety Office; and

            Whereas, A high-hazard classification means a failure would cause probable loss of life or catastrophic economic damage; and

            Whereas, Forty-two of the 170 dams have been in operation for more than fifty years, and by 2017 another forty-one will exceed fifty years of age; and

            Whereas, Based on an analysis by the federal Natural Resources Conservation Service, 104 of the 170 dams do not meet current engineering design standards; and

            Whereas, The current method of financing the operation, maintenance and repair of the watershed dams and channels is inadequate to meet ongoing maintenance and repair needs; and

            Whereas, Common repair problems include seeps, deteriorated metal, broken drain gates, damaged concrete risers, erosion, plugged drains, inadequate spillways and encroachment; and

            Whereas, Due to federal budget constraints the Natural Resources Conservation Service is unable to assist in the rehabilitation of West Virginia’s watershed infrastructure; and

            Whereas, A number of the watershed dams are predominately on private land owned by farmers and state citizens and represent a danger of causing significant damage to agricultural land and, possibly, human life; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study West Virginia’s aging watershed dams and channels to determine how to address the operation, maintenance, repair and ownership of the watershed dams to ensure they continue to provide flood control, water supply and recreational benefits to the citizens of the state; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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

            A message from the Senate, by

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

            S. C. R. 38 - “Requesting the Joint Committee on Government and Finance study the effectiveness and efficiency of the implementation of the federal Moving Ahead for Progress in the 21st Century (MAP21) program in West Virginia.”

            Whereas, MAP21 is a graduated licensing program which provides federal funds to states that implement certain stages and requirements for teenage drivers before they are able to obtain an unrestricted license; and

            Whereas, Motor vehicle crashes continue to be the number one killer of American teens; and

            Whereas, Graduated licensing programs, like MAP21, have been shown to reduce teen traffic accidents and fatalities in states which have implemented the programs; and

            Whereas, The West Virginia Legislature has already adopted a graduated licensing system for its teenage drivers; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the effectiveness and efficiency of the implementation of the federal Moving Ahead for Progress in the 21st Century (MAP21) program in West Virginia; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the Legislature on the first day of the regular session, 2014, on its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations in order to make certain that West Virginia’s teenage drivers are being fully and adequately protected while they gain experience and skill; and, be it

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

            A message from the Senate, by

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

            S. C. R. 41 - “Requesting the Joint Committee on Government and Finance study the critical access need for emergency electric generators; the best methods to ensure that businesses, public services and citizens have access to such emergency electric generators; and the feasibility of a tax credit to offset the costs of purchasing such emergency electric generators.”

            Whereas, Recent natural events, including the derecho of June 2012, have increased the awareness of and need for emergency electric generators in West Virginia; and

            Whereas, The rural and mountainous terrain of much of West Virginia slows the restoration of electric service following natural disasters and other natural events, further underscoring the importance of access to emergency electric generators; and

            Whereas, Future preparedness for potential natural disasters and emergencies requires increased access to emergency electric generators; and

            Whereas, Uninterrupted access to certain critical services and goods, including health care, water, food and fuel, during emergency situations is an essential element in ensuring the safety and well being of the citizens of West Virginia; and

            Whereas, The cost of purchasing an emergency electric generator can be very expensive, especially to small businesses and individual citizens; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the critical access need for emergency electric generators; the best methods to ensure that businesses, public services and citizens have access to such emergency electric generators; and the feasibility of a tax credit to offset the costs of purchasing such emergency electric generators; and, be it

            Further Resolved, That the West Virginia Division of Homeland Security is requested to assist the Joint Committee on Government and Finance in its study of emergency electric generators; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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

            A message from the Senate, by

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

            S. C. R. 48 - “Requesting the Joint Committee on Government and Finance study the availability of affordable housing in West Virginia; the effect of insufficient affordable housing on a child’s education; the best methods to increase availability of affordable housing to those in poverty with children; and potential sources of funding and financing for additional affordable housing.”

            Whereas, It is recognized that West Virginia lacks sufficient availability of affordable housing for the most impoverished of its citizens; and

            Whereas, Those in poverty who face the greatest difficulties with locating safe, affordable housing are families with school-aged children; and

            Whereas, The effects of a transient and unstable lifestyle are the greatest on and most detrimental to a child’s education; and

            Whereas, Several entities exist that provide assistance in addressing this problem, including the West Virginia Housing Development Fund and the West Virginia Affordable Housing Trust Fund; and

            Whereas, There are many options in funding additional affordable housing, many of which need further exploration and consideration; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the availability of affordable housing in West Virginia; the effect of insufficient affordable housing on a child’s education; the best methods to increase availability of affordable housing to those in poverty with children; and potential sources of funding and financing for additional affordable housing; and, be it

            Further Resolved, That the Senate Select Committee on Children and Poverty, the West Virginia Housing Development Fund and the West Virginia Affordable Housing Trust Fund are requested to assist the Joint Committee on Government and Finance in its study of affordable housing availability; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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

            A message from the Senate, by

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

            S. C. R. 51 - “Requesting the Joint Committee on Government and Finance study the needs, challenges and issues facing West Virginia’s senior citizens in finding personal care services.”

            Whereas, West Virginia currently has the second largest senior population in the country with sixteen percent of the state’s population being sixty-five years of age or older; and

            Whereas, It is projected that by 2035 nearly one in four state residents will be sixty-five years of age or older; and

            Whereas, It has been estimated that over eight out of ten individuals sixty-five years of age and older will suffer one or more chronic disease conditions in their lifetime with six out of ten facing the need for long-term care; and

            Whereas, The availability of personal care services is crucial to allowing individuals to remain in their homes, preserving a better quality of life as they age by avoiding long-term institutional care; and

            Whereas, A recent informal survey of personal care providers in West Virginia determined many personal care programs currently operating in the state provide limited hours of service availability may face workforce issues limiting availability including a lack of educational incentives, training programs and low compensation and have inestimable waiting lists for services; and

            Whereas, An increasingly aged population will place more demand on the availability of such personal care services with national studies estimating the need for personal care aides to grow by seventy percent in the current decade; and

            Whereas, The current certificate of need standards and processes for personal care services have not been updated for several years which may have the effect of limiting the availability of personal care services and freedom of choice; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to conduct a study of the needs, challenges and issues facing West Virginia’s senior citizens in finding personal care services; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the legislature, 2014, on its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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

Resolutions Introduced

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

            H. C. R. 151 - “Requesting the Joint Committee on Government and Finance to study the need for legislation to grant the Secretary of State authority to extend the deadline during which a city council must meet as a levying body in order to present to the voters of the city an election for the laying and collecting levies.”

            Whereas, Under current law, if a city council misses the deadline to meet as a levying body for the purpose of presenting to voters of the city an election for the purpose of laying and collecting levies, an act of the Legislature by means of a local bill is required to extend the deadline to allow the city to present the levy to voters; and

            Whereas, Every session local bills are taken up by the Legislature to extend the time that the city council could meet as a levying body; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance study the need for legislation to grant the Secretary of State the authority to extend the deadline during which a city council must meet as a levying body in order to present to the voters an election for the laying and collecting levies; and, be it

            Further Resolved, That the study conducted by the Joint Committee on Government and Finance specifically evaluate allowing cities 30 days following the original deadline to file with the Secretary of State office for an extension of time to meet as a levying body; and, be it

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

            Delegates Fleischauer, Barill, Caputo, Diserio, Eldridge, A. Evans, Ferns, Ferro, Fragale, Guthrie, Hartman, Iaquinta, Jones, Lawrence, Moore, Paxton, Perry, Pethtel, M. Poling, Poore, Romine, Skaff, Skinner, Sponaugle, Staggers, Storch, Stowers and Wells offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 152 - “Requesting the Joint Committee on Government and Finance to study how to engage West Virginia’s large employers, public and private, to bring about a health-culture transformation among their employee bases.”

            Whereas, West Virginia ranks 48th in the nation in overall health outcomes while being among the highest in the nation in categories such as smoking, drug and alcohol use, and poor nutritional choices; and

            Whereas, Behavior change is difficult for most people to start and sustain, especially in a state-wide culture that supports unhealthy behaviors; and

            Whereas, Health benefit incentive and cost sharing programs for healthy behaviors engage people in making more informed consumer healthcare decisions, but do not necessarily result in behavior changes; and

            Whereas, Only 10 percent of the average employee population currently uses their employers’ health and wellness programs; and

            Whereas, Employers play an important role in their employees’ lives and can serve as an extremely powerful point of leverage to encourage health behaviors; and

            Whereas, There is a natural business imperative to encouraging employees to adopt healthy lifestyles to enhance personal and organizational success; and

            Whereas, We have world-class behavior-change programs developed in West Virginia that can be used to improve the health of West Virginia’s workforce and used in a way that protects personal privacy while encouraging health cultural change; and

            Whereas, West Virginia’s large employers have always been powerful forces for cultural change for behaviors that at one time were considered to be optional, such as safety, education and retirement planning; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study how to engage West Virginia’s large employers, public and private, to bring about a health-culture transformation among their employee bases; 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 Canterbury and Ambler offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 153 - “Requesting the Joint Committee on Government and Finance to study the feasibility of including historic resort hotel lottery table games employees among those lottery table games employees receiving a four percent table games fund allocation toward an employee pension plan.”

            Whereas, Under West Virginia Code §29-22C-27 (d)(2) racetrack lottery table games employees receive four percent of adjusted gross revenues from the Racetrack Table Games Fund that goes into a pension plan for those employees; and

            Whereas, Lottery table games employees at a historic resort hotel gaming facility licensed under West Virginia Code §29-25 et seq. currently do not receive a similar pension benefit; and

            Whereas, Lottery table games employees at respective licensed gaming facilities in this state should be treated similarly with respect to this important employee benefit; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the feasibility of including historic resort hotel lottery table games employees among those lottery table games employees receiving a four percent table games fund allocation toward an employee pension plan; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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

            Delegates Armstead, Ambler, Arvon, Ashley, Azinger, Butler, Cadle, Cooper, Ellem, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Ferns, Fleischauer, Folk, Frich, Gearheart, Guthrie, Hamilton, Hamrick, Howell, Ireland, Kump, McCuskey, Miley, Miller, E. Nelson, Overington, Pasdon, Raines, Romine, Rowan, Shott, R. Smith, Sobonya, Storch, Walker, Walters,

Wells and Westfall offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 154 - “Requesting the Joint Committee on Government and Finance to study the possible revision of the current law of the state relating to the disclosure of public records, including the definition of public records, exemptions to disclosure of public records and the impact of the current exemptions on the right of the public and the media to gain access to the actions of public bodies.”

            Whereas, All persons are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees; and

            Whereas, The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know; and

            Whereas, The right of the public and the media to access information relating to the operation of state government and the expenditure of public funds is crucial to the public oversight of its government and assists in preventing inappropriate conduct, malfeasance and corruption, and revealing wasteful and inefficient spending; and

            Whereas, West Virginia law provides that “every person has a right to inspect or copy any public record of a public body in this State,...” subject to enumerated exemptions of certain categories of information to protect certain information of a confidential, personal or proprietary nature, or for the protection of the public; and

            Whereas, Some of the enunciated exemptions, through practice or by judicial interpretation, have been applied in an overly broad manner resulting in the denial of requests for disclosure of certain information in a manner that is contrary to the expressed public policy of the state; and

            Whereas, Certain exemptions limiting the right of access to public records may result in the denial of requests for the disclosure of public records which should be disclosed to the public or the media; and

            Whereas, The exemption to the Freedom of Information Act permitting governmental agencies to withhold correspondence and internal memoranda has resulted in the public and the media being denied information that should be disclosed; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study needed revision of the current law of the state relating to the disclosure of public records, including the definition of public records, exemptions to disclosure of public records and the impact of the current exemptions on the right of the public and the media to gain access to records related to the actions of public bodies; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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

Special Calendar

Unfinished Business

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

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

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

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

            Com. Sub. for 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 McMillion Memorial Bridge”,

            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,

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

            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.

            Delegate Boggs asked and obtained unanimous consent that, for the remainder of the session, members of Conference Committee be permitted to vote on any question or issue before the House which they may have missed as a direct result of their duties on Conference Committees, provided that such members notify the Clerk of the House in writing as to how they wished to vote and on the day the votes were missed, and that any such vote not change the outcome on any question.

Third Reading

            S. B. 65, Exempting PERS retirement income of DNR police officers from state income tax; 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. 295), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Howell and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 65) 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. 82, Requiring rate-paying residential customer on public service board; 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. 296), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Howell and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 82) 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. 82 - “A Bill to amend and reenact §16-13A-3 and §16-13A-4 of the Code of West Virginia, 1931, as amended, relating to public service district board membership; requiring a public service board to have at least one rate-paying residential customer of the public service district on the board; increasing the salary of public service district board members; clarifying when salary and expenses payments may be made; and adding sewer service to the salary schedule for public service districts which contract with others to provide service.”

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

            On this question, the yeas and nays were taken (Roll No. 297), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Howell 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. 82) 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.

            S. B. 194, Repealing code relating to Medicaid program contract procedure; 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. 298), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Howell and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 194) passed.

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

            S. B. 194 - “A Bill to repeal §9-2-9b of the Code of West Virginia, 1931, as amended, and to amend and reenact §9-2-6 of said Code, all to relating to contract procedures for the Medicaid program; providing that previous contracts awarded would remain in full force and effect; and eliminating Department of Health and Human Resources’ exemption for contracts for the Medicaid program from purchasing requirements.”

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

            On this question, the yeas and nays were taken (Roll No. 299), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Howell 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. 194) takes effect from its passage.

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

            Com. Sub. for S. B. 195, Removing tax rate expiration date on eligible acute care hospitals; 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. 300), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Howell and 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. 195) passed.

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

            On this question, the yeas and nays were taken (Roll No. 301), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Howell 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. 195) takes effect from its passage.

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

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 302), and there were--yeas 97, nays 1, absent and not voting 2, with the absent and not voting being as follows:

            Nays: P. Smith           

            Absent and Not Voting: Howell and 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. 200) 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. 202, Creating WV Spay Neuter Assistance Program and Fund; 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. 303), and there were--yeas 93, nays 5, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Andes, Border, Folk, Hamilton and Householder.

            Absent and Not Voting: Howell and 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. 202) 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. 243, Authorizing DEP promulgate legislative rules; on third reading, coming up in regular order, was read a third time.

            Delegate Armstead requested to be excused from voting on the passage of Com. Sub. for S. B. 243 under the provisions of House Rule 49.

            The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 304), and there were--yeas 93, nays 5, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Andes, Folk, Lane, McCuskey and Walters.

            Absent and Not Voting: Howell and 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. 243) passed.

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

            On this question, the yeas and nays were taken (Roll No. 305), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Folk and Walters.

            Absent and Not Voting: Howell 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. 243) takes effect from its passage.

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

            Com. Sub. for S. B. 250, Authorizing Department of Commerce promulgate legislative rules; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 306), and there were--yeas 85, nays 13, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Andes, Armstead, Butler, Cadle, D. Evans, Folk, Gearheart, Lane, McCuskey, Overington, Raines, R. Smith and Walters.

            Absent and Not Voting: Howell and 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. 250) 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. 250 - “A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Commerce; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; repealing the Development Office to promulgate a legislative rule relating to the use of coalbed methane severance tax proceeds; authorizing the Broadband Deployment Council to promulgate a legislative rule relating to broadband deployment grants programs; authorizing the Board of Miner Training, Education and Certification to promulgate a legislative rule relating to the standards for certification of coal mine electricians; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special boating; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special motorboating; authorizing the Division of Natural Resources to promulgate a legislative rule relating to defining the terms used in all hunting and trapping rules; authorizing the Division of Natural Resources to promulgate a legislative rule relating to prohibitions when hunting and trapping; authorizing the Division of Natural Resources to promulgate a legislative rule relating to deer hunting; authorizing the Division of Natural Resources to promulgate a legislative rule relating to general trapping; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special waterfowl hunting; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special fishing; authorizing the Division of Natural Resources to promulgate a legislative rule relating to falconry; authorizing the Division of Labor to promulgate a legislative rule relating to bedding and upholstered furniture; authorizing the Division of Labor to promulgate a legislative rule relating to the Amusement Rides and Amusement Attractions Safety Act; authorizing the Division of Labor to promulgate a legislative rule relating to the supervision of elevator mechanics and apprentices; authorizing the Division of Labor to promulgate a legislative rule relating to the Crane Operator Certification Act; and authorizing the Division of Labor to promulgate a legislative rule relating to the Crane Operator Certification Act – practical examination.”

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

            On this question, the yeas and nays were taken (Roll No. 307), and there were--yeas 92, nays 6, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Cadle, Gearheart, Raines, R. Smith, Walters and Westfall.

            Absent and Not Voting: Howell 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. 250) takes effect from its passage.

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

            Com. Sub. for S. B. 265, Authorizing DHHR promulgate legislative rules; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 308), and there were--yeas 84, nays 14, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Anderson, Andes, Armstead, Ashley, Canterbury, D. Evans, Gearheart, Lane, McCuskey, E. Nelson, Romine, R. Smith, Storch and Walters.

            Absent and Not Voting: Howell and 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. 265) 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. 265 - “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Health and Human Resources; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register and as amended by the Legislature; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to reportable diseases, events and conditions; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to general sanitation; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to Grade A pasturized milk; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to fees for services; repealing the Bureau of Public Health’s legislative rule relating to the regulation of opioid treatment programs, 64 CSR 90; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to pulse oximetry newborn testing; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the regulation of opioid treatment programs, 69 CSR 7; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to chronic pain management clinic licensure; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to minimum licensing requirements for residential child care and treatment facilities for children and transitioning adults in West Virginia; authorizing the Health Care Authority to promulgate a legislative rule relating to the West Virginia Health Information Network; and authorizing the Bureau of Senior Services to promulgate a legislative rule relating to the in-home care worker registry.”

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

            On this question, the yeas and nays were taken (Roll No. 309), and there were--yeas 91, nays 7, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Armstead, Ashley, Cowles, Gearheart, R. Smith, Storch and Walters.

            Absent and Not Voting: Howell 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. 265) takes effect from its passage.

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

            Com. Sub. for S. B. 270, Authorizing Department of Revenue promulgate legislative rules; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 310), and there were--yeas 82, nays 16, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Andes, Armstead, Arvon, Border, Butler, Folk, Gearheart, Lane, McCuskey, Miller, Overington, R. Smith, Sobonya, Sumner, Walters and Westfall.

            Absent and Not Voting: Howell and 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. 270) passed.

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

            On this question, the yeas and nays were taken (Roll No. 311), and there were--yeas 87, nays 11, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Armstead, Arvon, Butler, Folk, Gearheart, Miller, R. Smith, Sobonya, Sumner, Walters and Westfall.

            Absent and Not Voting: Howell 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. 270) takes effect from its passage.

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

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

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 312), and there were--yeas 85, nays 13, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Andes, Armstead, Arvon, Border, Folk, Gearheart, Householder, Lane, McCuskey, R. Smith, Sobonya, Walters and Westfall.

            Absent and Not Voting: Howell and 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. 281) passed.

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

            On this question, the yeas and nays were taken (Roll No. 313), and there were--yeas 88, nays 10, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Armstead, Arvon, Border, Folk, Gearheart, Hamrick, R. Smith, Sobonya, Walters and Westfall.

            Absent and Not Voting: Howell 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. 281) 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. 331, Permitting Courthouse Facilities Improvement Authority to issue bonds; 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. 314), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Howell and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 331) passed.

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

            Com. Sub. for S. B. 355, Relating to final wage payment to discharged 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. 315), and there were--yeas 93, nays 5, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Gearheart, Hamilton, Ireland, Kump and Storch.

            Absent and Not Voting: Howell and 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. 355) 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. 369, Relating to concealed handgun license reciprocity; 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. 316), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Wells.

            Absent and Not Voting: Howell and 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. 369) passed.

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

            Com. Sub. for S. B. 369 - “A Bill to amend and reenact §61-7-6 and §61-7-6a of the Code of West Virginia, 1931, as amended, all relating to exemptions and exceptions for West Virginia conceal and carry handgun license requirements; allowing a resident of another state to carry a handgun in West Virginia if the nonresident person holds a valid permit or license to possess or carry a handgun from another state when certain conditions are met; establishing a precondition that West Virginia residents with a West Virginia issued conceal and carry permit must be authorized to carry a concealed handgun in that other state; removing or modifying other concealed handgun reciprocity requirements; prescribing methods of verification of reciprocal conceal and carry handgun rights between West Virginia and another state; clarifying or modifying reciprocity requirements and responsibilities of the Attorney General and the State Police; exempting judicial officers, magistrates, prosecutors, assistant prosecutors and investigators employed by prosecutors staff from paying handgun conceal and carry license fees when applying for a conceal and carry permit in this state; requiring the judicial officers, magistrates, prosecutors, assistant prosecutors and investigators employed by prosecutors to satisfy all other licensing requirements and possess a conceal and carry license before carrying a concealed handgun in this state on and after July 1, 2013; removing exemption from remaining conceal and carry licensing requirements for judicial officers, prosecutors and prosecutor investigators as of July 1, 2013; and amending provisions of bill consistent with other legislative action.”

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

            Com. Sub. for S. B. 371, Relating to prison overcrowding; on third reading, coming up in regular order, was read a third time.

            Extensive debate ensued.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 317), and there were--yeas 81, nays 17, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Andes, Armstead, Arvon, Border, Butler, Cooper, Cowles, Ellington, Frich, Householder, Ireland, Kump, O’Neal, Raines, R. Smith, Sobonya and Sumner.

            Absent and Not Voting: Howell and 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. 371) passed.

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

            S. B. 371 - “A Bill to amend and reenact §25-1-15 of the Code of West Virginia, 1931, as amended; to amend and reenact §28-5-27 of said code; to amend said code by adding thereto two new sections, designated §31-20-5g and §31-20-5h; to amend and reenact §61-7-6 of said code; to amend and reenact §62-11A-1a of said code; to amend and reenact §62-11B-9 of said code; to amend and reenact §62-11C-2, §62-11C-3 and §62-11C-6 of said code; to amend said code by adding thereto a new section, designated §62-11C-10; to amend and reenact §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; to amend said code by adding thereto a new section, designated §62-12-29; to amend and reenact §62-15-2 and §62-15-4 of said code; and to amend said code by adding thereto two new sections, designated §62-15-6a and §62-15-6b, all relating to public safety; requiring the Division of Corrections to perform graduated methods of mental health screens, appraisals and evaluations on persons committed to its custody; eliminating requirement for separate disciplinary rules at each institution; mandating one year of supervised release for violent inmates and deducting one year of their good time; authorizing judges to require up to one hundred eighty days of a nonviolent offender’s sentence to be served as post-release mandatory supervision; setting an effective date for supervised release provisions; requiring the Commissioner of Corrections to adopt policies regarding mandatory supervised release; requiring the West Virginia Regional Jail and Correctional Facility Authority to use a standardized pretrial risk-screening instrument adopted by the Supreme Court of Appeals of West Virginia to screen persons arrested and placed in a regional jail; providing for the confidentiality of risk assessments and their inadmissability at criminal and civil trials; requiring the Division of Corrections to develop and implement a cognitive behavioral program for inmates in regional jails committed to the custody of the Commissioner of Corrections and requiring the Division of Corrections to pay its cost; exempting parole officers from prohibitions against carrying concealed weapons; moving definition of ‘day report center’ to section relating to conditions of release on probation; providing standards and limitations under which judges and magistrates may impose a period of supervision or participation in day report program; clarifying language regarding confinement and revocation for violations of the conditions of home incarceration; adding representative of the Bureau for Behavioral Health and Health Facilities to the community corrections subcommittee of the Governor’s Committee on Crime, Delinquency and Correction; requiring that the community corrections subcommittee review, assess and report on the implementation of evidence-based practices in the criminal justice system; adding member with a background in substance abuse treatment and services to the community criminal justice boards to be appointed by the Commission or Commissions of the county or counties represented by the board; providing oversight responsibility to Division of Justice and Community Services to implement standardized risk and needs assessment, evaluate effectiveness of other modifications to community corrections programs and provide annual report; requiring probation officers to conduct a standardized risk and needs assessment for individuals placed on probation and to supervise probationer and enforce probation according to assessment and supervision standards adopted by the West Virginia Supreme Court of Appeals; requiring probation officers to perform random drug and alcohol tests of persons under their supervision; authorizing the Supreme Court of Appeals of West Virginia to adopt a standardized risk and needs assessment for use by probation officers; authorizing the Supreme Court of Appeals of West Virginia to adopt a standardized pretrial screening instrument for use by the Regional Jail Authority; providing standards and limitations under which judges may impose a term of reporting to a day report center as a condition of probation; authorizing day report center programs to provide services based on the results of a person’s standardized risk and needs assessment; providing for graduated sanctions in response to violations of the conditions of release on probation other than absconding, committing certain new criminal conduct or violating special condition of probation; creating exceptions to new criminal conduct provisions; making standardized risk and needs assessments confidential court documents; requiring copies of graduated sanctions confinement orders be supplied to the Commissioner of Corrections; providing that graduated sanctions confinement be paid by the Division of Corrections; providing that judges may depart from graduated sanctions limitations upon specific written findings; revising eligibility requirements for accelerated parole program; providing that parole applications may be considered by the parole board without prior submission a home plan; requiring that Division of Corrections’ policies and procedures for developing a rehabilitation treatment plan include the use of substance abuse assessment tools and prioritize treatment resources based on the risk and needs assessment and substance abuse assessment results; providing for rebuttable presumption that parole is appropriate for inmates completing the accelerated parole program and a rehabilitation treatment program; providing standards and limitations for Parole Board; outlining duties of the Division of Corrections to supervise, treat and provide support services for persons released on mandatory supervised release; removing temporal standard for requirement that the Parole Board have access to a copy of an inmate’s physical, mental or psychiatric examination; clarifying the Parole Board’s duty to notify prosecuting attorneys of an offender’s release on parole; authorizing Division of Corrections to employ directors of housing and employment for released inmates with duties relating to the reduction of parole release delays and finding employment; requiring parole officers to update the standardized risk and needs assessment for each person for whom an assessment has not been conducted for parole and to supervise each person according to the assessment and the commissioner’s supervision standards; authorizing the Commissioner of Corrections to issue a certificate authorizing an eligible parole officer to carry firearms or concealed weapons; providing standards and limitations under which the Division of Corrections may order substance abuse treatment or impose a term of reporting to a day report center or other community corrections program as a condition or modification of parole; authorizing the Commissioner of Corrections to enter into a master agreement with the Division of Justice and Community Services to reimburse counties for use of the community corrections programs; clarifying that parolee participation in community corrections is at program director’s discretion; providing for graduated sanctions in response to violations of the conditions of release on parole other than absconding, certain new criminal conduct or violating a special condition of parole; providing a parolee with the right to a hearing, upon request, regarding whether he or she violated the conditions of his or her release on parole; providing the authority for the Board of Parole to depart from graduated sanction; providing that graduated sanctions incarceration for parolees be paid for by Division of Corrections; providing for a Community Supervision Committee to be appointed by the Administrative Director of the Supreme Court of Appeals of West Virginia to coordinate the sharing of information for community supervision and requiring an annual report; revising definitions for Drug Offender Accountability and Treatment Act; requiring all judicial circuits to participate in a drug court or regional drug court program by July 1, 2016; providing standards and limitations under which judges may order treatment supervision for drug offenders; providing that a judge may order a period of confinement to encourage compliance with treatment supervision to be paid b the division of Correction for up to thirty days for each instance; requiring the Division of Justice and Community Services to use appropriated funds to implement substance abuse treatment to serve those under treatment supervision in each judicial circuit; providing that the Division of Justice and Community Services in consultation with the Governor’s Advisory Committee on Substance Abuse is responsible for developing standards relating to quality and delivery of substance abuse services; requiring certain education and training; paying for drug abuse assessments and certified drug treatment from appropriated funds; requiring submittal of an annual report and specifying an effective date; outlining duties of treatment supervision service providers; providing effective dates for provisions related to treatment supervision; providing for state payment of drug court participants’ incarceration under certain circumstances; defining terms; and making technical changes.”

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

            Delegates McCuskey, Miller and Perdue addressed the House regarding Com. Sub. for S. B. 371, and at the conclusion thereof, Delegate Craig asked and obtained unanimous consent that said remarks be printed in the Appendix to the Journal.

             Delegate Lane then asked and obtained unanimous consent that all remarks regarding Com. Sub. for S. B. 371 be printed in the Appendix to the Journal.

            [Clerk’s Note: The remarks of the individuals will be included following a review of proceedings by the Clerk.]

            Com. Sub. for S. B. 195, still being in possession of the Clerk, was taken up for further consideration.

            On motion of Delegate Boggs, the House of Delegates then reconsidered the vote on the effective date of the bill.

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

            On this question, the yeas and nays were taken (Roll No. 318), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Howell 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. 195) takes effect July 1, 2013.

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

            Com. Sub. for S. B. 386, Relating to personal safety orders; 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. 319), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Howell and 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. 386) passed.

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

            Com. Sub. for S. B. 386 - “A Bill to amend and reenact §53-8-4 of the Code of West Virginia, 1931, as amended, relating generally to personal safety orders; amending the grounds for issuance of a personal safety order; and establishing venue for issuance of a personal safety order.”

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

            On this question, the yeas and nays were taken (Roll No. 320), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Howell 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. 386) takes effect from its passage.

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

            Com. Sub. for S. B. 401, Relating to Board of Registration for Professional Engineers; 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. 321), 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: Ferns, Howell and 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. 401) passed.

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

            S. B. 401 - “A Bill to amend and reenact §30-13-6, §30-13-13, §30-13-15 and §30-13-17 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-13-13a, all relating to the Board of Registration for Professional Engineers; providing requirements for registration and certification of engineers, engineer interns and engineering businesses; providing for compensation of, and reimbursement for, members of the board at same rate as legislative interim pay; providing for registration of engineers generally; adding additional classifications of registration; setting forth qualifications for engineer interns; establishing designations for engineers ineligible to practice; updating examination provisions to comport with changes at the national level; providing emergency rule-making authority to comply with changes in standardized tests; and clarifying the certificate of authorization requirements.”

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

            On this question, the yeas and nays were taken (Roll No. 322), 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: Ferns, Howell 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. 401) 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. 407, Requiring cellular and phone companies provide certain information to Bureau for Child Support Enforcement; 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. 323), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Howell and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 407) passed.

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

            S. B. 407 - “A Bill to amend and reenact §48-18-132 of the Code of West Virginia, 1931, as amended, relating to child support enforcement; locating parents for the purpose of establishing paternity or for establishing support; locating parents for the purpose of modifying, enforcing or distributing proceeds from support orders; and authorizing the Bureau for Child Support Enforcement to obtain names of addresses of customers and customer employers from customer records maintained by telephone companies and cellular telephone companies by administrative subpoena.”

            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. 426, Relating to filings under Uniform Commercial Code as to secured transactions; 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. 324), and there were--yeas 88, nays 10, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Butler, Espinosa, Folk, Frich, Gearheart, Householder, Overington, Raines, R. Smith and Walters.

            Absent and Not Voting: Howell and 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. 426) passed.

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

            Com. Sub. for S. B. 426 - “A Bill to amend and reenact §46-4A-108 of the Code of West Virginia, 1931, as amended, to amend and reenact §46-9-510, §46-9-516, §46-9-521 and §46-9-525 of said code; and to amend said code by adding thereto a new section, designated §46-9-516a, all relating to amending the Uniform Commercial Code; clarifying the relationship between article 4A of the West Virginia code and the federal Electronic Fund Transfer Act; resolving conflicts between federal and state law; providing for the effectiveness of filed records; creating additional authority to refuse to accept a record for filing; creating circumstances under which a record filing is false; providing criminal penalties for filing or attempting to file a false record; providing civil penalties for filing or attempting to file a false record; setting forth an administrative procedure initiated by the Secretary of State or a person identified as a debtor on a record; requiring party to an adverse administrative decision by the Secretary of State to file action in Kanawha County Circuit Court if the party wishes to have the Secretary of State’s decision reversed; exempting the filing office and its employees from liability; exempting filings by a regulated financial institution or its representatives from certain provisions; clarifying the applicability of provisions to records filed prior to the effective date of this article; increasing fees for filing financing statements or other records in secured transactions; increasing fees for responding for requests for information related to secured transactions; and requiring that the increase in fees be deposited in the existing Fund for Civil Legal Services for Low Income Persons.”

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

            At 12:40 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 3:00 p.m., and reconvened at that time.

* * * * * * *

Afternoon Session

* * * * * * *

Messages from the Senate

            A message from the Senate, by

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

            Com. Sub. for H. B. 2351, Authorizing law enforcement to issue a charge by citation when making an arrest for driving with a suspended or revoked license.

            A message from the Senate, by

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

            Com. Sub. for H. B. 2453, Expanding the Amber Alert Plan; “SKYLAR’S LAW”.

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

            The following Senate amendments were reported by the Clerk:

            On page three, section four, line thirteen, by striking out the word “phone” and inserting in lieu thereof the word “telephone”.

            And,

            By amending the title of the bill to read as follows: 

            Com. Sub. for H. B. 2453 - “A Bill to amend and reenact §15-3A-4 of the Code of West Virginia, 1931, as amended, relating to activating the Amber Alert Plan; requiring a reporting law-enforcement agency to report a suspected missing or abducted child to the West Virginia Sate Police in the initial stages of investigation; and requiring the West Virginia State Police to contact the Amber Alert Coordinator for a determination as to whether Amber Alert criteria has been satisfied.”

            On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendments.

            The bill, as amended by the Senate, was then put upon its passage.

            On the passage of the bill, the yeas and nays were taken (Roll No. 325), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: J. Nelson and Skaff.

             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. 2453) passed.

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

            A message from the Senate, by

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

            H. B. 2497, Requiring applicants for real estate licensure to undergo criminal history record checks.

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

            The following Senate amendments were reported by the Clerk:

            On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 40. WEST VIRGINIA REAL ESTATE LICENSE ACT.

§30-40-11. Application for license.

            The commission shall only issue an original license to an applicant if he or she:

            (a) Submits an application, in writing, in a form prescribed by the commission which must contain, but is not limited to:

            (1) The applicant’s social security number;

            (2) The recommendation of at least two persons who:

            (A) Are property owners at the time of signing the application;

            (B) Have been property owners for at least twelve months preceding the signing of the application;

            (C) Have known the applicant for at least two years;

            (D) Are not related to the applicant;

            (E) Are not affiliated with the applicant as an employer, partner or associate or with the broker that will employ the applicant;

            (F) Believe the applicant bears a good reputation for honesty, trustworthiness and fair dealing; and

            (G) Believe the applicant is competent to transact the business of a real estate broker, associate broker or salesperson, as the case may be, in a manner that would protect the interest of the public.

            (3) A clear record indicating all jurisdictions where the applicant holds or has held any professional license.

            (4) A clear record indicating if the applicant has been convicted of any criminal offense or if there is any criminal charge pending against the applicant, or a member or officer of the brokerage business, at the time of application.

            (b) Is at least eighteen years of age.

            (c) Is a high school graduate or the holder of an equivalency diploma.

            (d) Is trustworthy, of good moral character and competent to transact the business of a broker, associate broker or salesperson.

            (e) Has paid the appropriate fee, if any, which must accompany all applications for original license or renewal.

            (f) Has submitted to a state and national criminal history record check, as set forth in this subsection: Provided, That an applicant for a license who is an attorney at law may submit a letter of good standing from the Clerk of the Supreme Court of Appeals of West Virginia in lieu of submitting to a state and national criminal history record check.

            (1) This requirement is found not to be against public policy.

            (2) The criminal history record check shall be based on fingerprints submitted to the West Virginia State Police or its assigned agent for forwarding to the Federal Bureau of Investigation.

            (3) The applicant shall meet all requirements necessary to accomplish the state and national criminal history record check, including:

            (A) Submitting fingerprints for the purposes set forth in this subsection; and

            (B) Authorizing the commission, the West Virginia State Police and the Federal Bureau of Investigation to use all records submitted and produced for the purpose of screening the applicant for a license.

            (4) The results of the state and national criminal history record check may not be released to or by a private entity except:

            (A) To the individual who is the subject of the criminal history record check;

            (B) With the written authorization of the individual who is the subject of the criminal history record check; or

            (C) Pursuant to a court order.

            (5) The criminal history record check and related records are not public records for the purposes of chapter twenty-nine-b of this code.

            (6) The applicant shall pay the actual costs of the fingerprinting and criminal history record check.

            (7) Before implementing the provisions of this subsection, the commission shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code. The rules shall set forth the requirements and procedures for the criminal history check and must be consistent with standards established by the Federal Bureau of Investigation and the National Crime Prevention and Privacy Compact as authorized by 42 U. S. C. A. §14611, et seq.

            On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendments.

            The bill, as amended by the Senate, was then put upon its passage.

            On the passage of the bill, the yeas and nays were taken (Roll No. 326), 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. 2497) passed.

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

            A message from the Senate, by

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

            Com. Sub. for H. B. 2505, Increasing civil penalties imposed by the Public Service Commission for pipeline safety violations.

            A message from the Senate, by

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

            H. B. 2508, Changing the capital investment threshold amount.

            A message from the Senate, by

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

            H. B. 2516, Updating the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act.

            A message from the Senate, by

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

            Com. Sub. for S. B. 2519, Relating to reallocation and repatriation of certain funds to the General Revenue Fund.

            A message from the Senate, by

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

            Com. Sub. for H. B. 2548, Increasing the criminal penalties for assaults and batteries against athletic officials.

            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. 2554, Providing a procedure for the Secretary of State to reinstate certificates of authority for foreign corporations.

            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. 2554 - “A Bill to amend and reenact §31D-15-1532 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §31D-15-1533; to amend and reenact §31E-14-1432 of said code; to amend said code by adding thereto a new section, designated §31E-14-1533; and to amend and reenact §59-1-2 of said code, all relating to providing a procedure for the Secretary of State to reinstate certificates of authority for foreign corporations after an administrative revocation; providing for contents of application; providing for effective date of reinstatement; providing for appeal from denial of reinstatement; providing that reinstatement fee is the same for foreign and domestic limited liability companies and foreign and domestic corporations; and establishing a fee for additional parties to a merger when filing articles of merger.”

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

            The bill, as amended by the Senate, was then put upon its passage.

            On the passage of the bill, the yeas and nays were taken (Roll No. 327), 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. 2554) passed.

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

            A message from the Senate, by

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

            H. B. 2586, Relating to qualifications for a license to practice embalming.

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

            The following Senate amendments were reported by the Clerk:

            On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 6. BOARD OF FUNERAL SERVICE EXAMINERS.

§30-6-8. Embalmer license requirements.

            (a) The board shall issue a license to practice embalming to an applicant who: meets the following requirements:

            (1) Is of good moral character;

            (2) Is eighteen years of age or over;

            (3) Is a citizen of the United States or is eligible for employment in the United States;

            (4) Holds Has a high school diploma or its equivalent;

            (5) Has completed one of the following education requirements, as evidenced by a transcript submitted to the board for evaluation:

            (A) Holds (i) Has an associate degree from an accredited college or university; or

            (ii) Has successfully completed not less than at least sixty semester hours or ninety quarter hours of academic work in an accredited college or university toward a baccalaureate degree with a declared major field of study; as evidenced by a transcript submitted for evaluation prior to beginning a one-year course of apprenticeship and prior to obtaining a diploma of graduation from a school of mortuary science, has completed a one-year course of apprenticeship under the supervision of a licensed embalmer and funeral director actively and lawfully engaged in the practice of embalming and funeral directing in this state, such apprenticeship to consist of diligent attention to the work in the course of regular and steady employment and not as a side issue to another employment, and under which the apprentice shall have taken an active part in the operation of embalming not less than thirty-five dead human bodies and an active part in conducting not less than thirty-five funeral services; and possesses a diploma of graduation

            (iii) Has graduated from a school of mortuary science, accredited by the American Board of Funeral Service Education, Inc., which requires as a prerequisite to graduation the completion of a course of study of not less than twelve months’ duration months; and which said school of mortuary science must be one accredited by the American Board of Funeral Service Education, Inc., and duly approved by the board; or

            (B) Holds Has a bachelor degree in mortuary science from an accredited college or university; as evidenced by a transcript submitted for evaluation prior to beginning a one-year course of apprenticeship and

            (6) Has completed a one-year course of apprenticeship, under the supervision of a licensed embalmer and funeral director actively and lawfully engaged in the practice of embalming and funeral directing in this state, such which apprenticeship to consist consisted of:

            (A) Diligent attention to the work in the course of regular and steady employment and not as a side issue to another employment; and under which

            (B) The apprentice shall have taken taking an active part in:

            (i) The operation of embalming not less than thirty-five dead human bodies; and an active part in

            (ii) Conducting not less than thirty-five funeral services;

            (6) (7) Passes, with an average score of not less than seventy-five percent, the following examinations:

            (A) The National Conference of Funeral Services examination at a testing site provided by the national conference, passes with a score of not less than seventy-five percent which passage is a condition precedent to taking the state law examination;

            (B) The state law examination administered by the board, which examination must be offered at least twice each year; and passes such further

            (C) Any other examination as required by the board; may deem necessary to ascertain qualification and ability to engage in the practice of embalming Successfully passing the national conference of funeral services examination is a condition precedent to taking the state law examination administered by the board. The board shall offer the state law examination at least twice each year and

            (7) (8) Has paid all the appropriate fees.

            (b) A license to practice embalming issued by the board prior to July 1, 2002 2012, shall for all purposes be considered a license issued under this section: Provided, That a person holding a license issued prior to July 1, 2002 2012, must renew the license pursuant to the provisions of this article.”

            And,

            By amending the title of the bill to read as follows:

            H. B. 2586 - “A Bill to amend and reenact §30-6-8 of the Code of West Virginia, 1931, as amended, relating to qualifications for a license to practice embalming; and clarifying the education, apprentice and examination requirements.”

            On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendments.

            The bill, as amended by the Senate, was then put upon its passage.

            On the passage of the bill, the yeas and nays were taken (Roll No. 328), 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. 2586) passed.

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

            On this question, the yeas and nays were taken (Roll No. 329), 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 H. B. 2586) takes effect from its passage.

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

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates, as follows:

            Com. Sub. for H. B. 2603, Relating to the Family Protection Services Board.

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

            The following Senate amendments were reported by the Clerk:

            On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

            “That §48-26-404, §48-26-405, §48-26-601, §48-26-602, §48-26-901, §48-26-902, §48-26-1003, §48-26-1005, §48-26-1006 and §48-26-1007 of the Code of West Virginia, 1931, as amended, be repealed; that §48-26-202, §48-26-203, §48-26-204, §48-26-205, §48-26-206, §48-26-301, §48-26-401, §48-26-402, §48-26-403, §48-26-406, §48-26-603, §48-26-604, §48-26-701, §48-26-1001, §48-26-1002 and §48-26-1004 of said code be amended and reenacted; and that said code be amended by adding thereto nine new sections, designated §48-26-207, §48-26-208, §48-26-209, §48-26-210, §48-26-211, §48-26-212, §48-26-213, §48-26-214 and §48-26-408, all to read as follows:

ARTICLE 26. DOMESTIC VIOLENCE ACT.

PART II. DEFINITIONS.

§48-26-202. Advocacy defined.

            ‘Advocacy’ means assisting victims and survivors of domestic violence, dating violence, sexual assault, stalking or human trafficking, and their children, in securing rights, remedies and services, by directly providing for, or referring to public and private agencies to provide for, safety planning; shelter; housing; legal services; outreach; counseling; case management; information and referral; training; employment; child care; health care; transportation; financial literacy education, financial planning and related economic empowerment services; parenting and other educational services; and other support services.

§48-26-203. Batterer Intervention and Prevention Program defined.

            ‘Batterer intervention and prevention program’, previously referred to as a program of intervention for perpetrators, means a licensed educational program that provides classes to individuals who commit acts of domestic violence or abuse, offering nonviolent strategies and values that promote respect and equality in intimate partner relationships.

§48-26-204. Board defined.

            ‘Board’ means the Family Protection Services Board created pursuant to Chapter 53 of the Acts of the Legislature of 1989 and subsequently recodified by this article.

§48-26-205. Closure defined.

            ‘Closure’ means the temporary or permanent prohibition of specified services and the corresponding suspension of licensure of a program or program component that violates the standards established by the board or that threatens the health, well being or safety of its program participants or staff.

§48-26-206. Department defined.

            ‘Department’ means the Department of Health and Human Resources.

§48-26-207. Domestic Violence Legal Services Fund defined.

            ‘Domestic Violence Legal Services Fund’ means the special revenue account established by section six hundred three of this article for the purposes set forth in that section.

§48-26-208. Domestic violence program defined.
            ‘Domestic violence program’ means a licensed program of a locally controlled nonprofit organization, established primarily for the purpose of providing advocacy services, comprising both a shelter component and an outreach component, to victims of domestic violence, dating violence, sexual assault, stalking or human trafficking, and their children: Provided, That the board may temporarily or permanently close either the shelter component or the outreach component of a domestic violence program.

§48-26-209. Family Protection Fund defined.

            ‘Family Protection Fund’ means the special revenue account established by Chapter 74 of the Acts of the Legislature of 1981, held by the department, for the purpose of collecting marriage license fees pursuant to section ten, article one, chapter fifty-nine of this code, divorce surcharge fees pursuant to section twenty-eight-a, article one, chapter fifty-nine of this code, fees for failure to present a premarital education course completion certificate pursuant to section ten, article one, chapter fifty-nine of this code and any other funding source, including any source created in another section of this code, and distributed to licensed domestic violence programs, in accordance with the formula designated by the board.

§48-26-210. Intimate partner defined.

            ‘Intimate partner’ means a current or former spouse, a person with whom one shares a child in common, a person with whom one is cohabiting or has cohabited, or a person with whom one is or has been in a relationship of a romantic or intimate nature.

§48-26-211. Licenses defined.

            (a) ‘Conditional license’ means a license issued for up to ninety days, to programs that have violations of safety or accountability standards that may threaten the health, well-being or safety of its program participants or staff, or the responsible operation of the program, or that have a history or pattern of noncompliance with established standards.

            (b) ‘Provisional license’ means a license issued for up to one hundred and eighty days, to programs that are not in compliance with nonlife threatening safety, programmatic, facility or administrative standards, that may be extended for an additional six months, if the board determines that the program is making active progress toward compliance.

            (c) ‘Full license’ means a license issued for up to the maximum licensure period of three years, to programs that are in compliance with the standards established by the board and have no violations of safety or accountability standards that may threaten the health, well-being or safety of its program participants or staff, or the responsible operation of the program.

§48-26-212. Monitored parenting and exchange defined.

            (a) ‘Monitored parenting’ means the contact between a parent without custodial responsibility, guardian or other adult and one or more children, in the presence of a third person who monitors the contact to promote the safety of the participants.

            (b) ‘Monitored exchange’ means the observation of movement of a child or children from the custodial responsibility of one parent or guardian to the custodial responsibility of the other parent or other adult without allowing contact between the adults.

            (c) ‘Monitored parenting and exchange program’ means a licensed program offered by a locally controlled nonprofit organization for purposes of providing a neutral, safe and child-friendly environment to allow the child or children access to a parent or other adult without allowing contact between the adults.

§48-26-213. Outreach defined.

            ‘Outreach’ means a licensed domestic violence program’s community-based activities that increase awareness and availability of services, in every county within the program’s regional service area, to victims and survivors of domestic violence, dating violence, sexual assault, stalking or human trafficking, and their children.

§48-26-214. Shelter defined.

            ‘Shelter’ means residential services offered by a licensed domestic violence program on a temporary basis, to persons who are victims of domestic violence, dating violence, sexual assault, stalking or human trafficking, and their children.

PART III. FAMILY PROTECTION SERVICES BOARD.

§48-26-301. Family protection services board continued; terms.

            (a) The family protection services board, previously created, is continued.

            (b) Membership of the board is comprised of five seven persons. The Governor, with the advice and consent of the Senate, shall appoint three five members of the board who meet the following qualifications:

            (1) One appointed member must be a commissioner of a shelter director of a licensed domestic violence program;

            (2) One appointed member must be a member of a major trade association that represents shelters across the state representative of the West Virginia Coalition Against Domestic Violence;

            (3) One member must be a representative of a batterer intervention and prevention program licensed by the board;

            (4) One member must be a representative of the West Virginia Supreme Court of Appeals who is familiar with monitored parenting and exchange program services; and

            (5) The final gubernatorial appointee One member must be a member of the public citizen who is a resident of this state and who is not employed by, under contract with or a volunteer for a program licensed by the board, and who is knowledgeable about services for victims and survivors of domestic violence;

            (c) The other two members are the secretary of the Department of Health and Human Resources, or his or her designee, and the chairperson chair of the Governor’s Committee on Crime, Delinquency and Correction, or his or her designee shall serve as ex officio voting members.

            (b) (d) The terms of the three five members appointed by the Governor are staggered terms of for three years, staggered in accordance with prior enactments of this act. The initial term of the commissioner of the shelter is a one-year term, the initial term of the representative of the trade association is a two-year term and the initial term of the appointed member of the public is a three-year term.

            (e) No person who is employed by, under contract with or volunteers for an organization that is licensed to operate any program under the provisions of this article may serve on the board at the same time as another person who is employed by, under contract with or volunteers for that organization.

            (c) In the event that a member of the board ceases to be qualified for appointment, then his or her appointment terminates.

            (g) (f) If a member resigns or is unable to complete his or her term or ceases to be qualified, the Governor shall appoint within ninety days a person who meets the qualifications of this section to serve the remainder of the unexpired term.

PART IV. DUTIES OF FAMILY PROTECTION SERVICES BOARD.

§48-26-401. Powers and duties of board.

            It is the duty of the board to:

            (a) The board shall:

            (1) Regulate its procedural practice; Propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article and any applicable federal guidelines;

            (2) Receive and consider applications for the development of shelters licensure of domestic violence programs, batterer intervention and prevention programs and monitored parenting and exchange programs;

            (3) Facilitate the formation and operation of shelters; Assess the need for domestic violence programs, batterer intervention and prevention programs and monitored parenting and exchange programs, including licensure preapplication and application processes;

            (4) Promulgate rules to implement the provisions of this article and any applicable federal guidelines; Conduct licensure renewal reviews of domestic violence programs, batterer intervention and prevention programs and monitored parenting and exchange programs, that will ensure the safety, well-being and health of the programs’ participants and staff;

            (5) Advise the secretary on matters of concern relative to his or her responsibilities under this article For each fiscal year, expend from the Family Protection Fund a sum not to exceed fifteen percent for the costs of administering the provisions of this article, and direct the Department of Health and Human Resources to distribute one half of the remaining funds equally and the other half of the remaining funds in accordance with a formula determined by the board, to licensed domestic violence programs;

            (6) Study issues pertinent to family protection shelters, programs for domestic violence victims, and report the results Submit an annual report on the status of programs licensed under the provisions of this article to the Governor and the Legislature Joint Committee on Government and Finance;

            (7) Conduct hearings as necessary under this article; and

            (8) Delegate to the secretary such powers and duties of the board as the board may deem appropriate to delegate, including, but not limited to, the authority to approve, disapprove, revoke or suspend licenses; Collect data about licensed programs for use in the annual report of the board.

            (9) Deliver funds to shelters within forty-five days of the approval of a proposal for such shelters;

            (10) Establish a system of peer review which will ensure the safety, well-being and health of the clients of all shelters operating in the state;

            (11) Evaluate annually each funded shelter to determine its compliance with the goals and objectives set out in its original application for funding or subsequent revisions;

            (12) To award to shelters, for each fiscal year, ninety-five percent of the total funds collected and paid over during the fiscal year to the special revenue account established pursuant to section 2-604 of this chapter and to expend, during said period a sum not in excess of five percent of said funds for cost of administering provisions of this article;

            (13) Establish and enforce system of standards for annual licensure for all shelters and programs in the state;

            (14) Enforce standards; and

            (15) Review its rules biannually.

            (b) The board may:

            (1) Advise the Secretary of the Department of Health and Human Resources and the Chair of the Governor’s Committee on Crime, Delinquency and Correction on matters of concern relative to their responsibilities under this article;

            (2) Delegate to the Secretary of the Department of Health and Human Resources such powers and duties of the board as the board considers appropriate to delegate, including, but not limited to, the authority to approve, disapprove, revoke or suspend licenses;

            (3) Advise administrators of state or federal funds of licensure violations and closures of programs; and

            (4) Exercise all other powers necessary to implement the provisions of this article.

§48-26-402. Requirements, qualifications and terms of licensure; collaboration to assist programs.

            (a) No domestic violence program, batterer intervention and prevention program or monitored parenting and exchange program may represent that it is licensed unless it is licensed by the board pursuant to the provisions of this article and the legislative rules promulgated pursuant to this article.

            (a) (b) The board shall establish an preliminary application and full application forms for the initial licensing all shelters and programs of domestic violence programs, batterer intervention and prevention programs and monitored parenting and exchange programs.

            (1) To meet basic eligibility requirements an applicant for licensure must complete a preliminary application form to demonstrate local need for the proposed service, method of governance and accountability, administrative and programmatic design, and fiscal efficiency. The board shall respond in writing within sixty days of receipt of the preliminary application;

            (2) If the board approves the preliminary application, the applicant may complete a full application form;

            (3) The board shall determine whether all documentation set forth on the licensure checklist has been submitted, and may request supplemental or clarifying information or documentation; and

            (4) The board shall grant or deny a license within sixty days of the receipt of the completed full application form and all supplemental or clarifying information or documentation requested by the board.

            (b) (c) Licenses may be granted or renewed on an annual basis with all such licenses having a term of one year for periods not to exceed three years: commencing on the first day of July and terminating on the thirtieth day of June of the next year Provided, That the board may conduct licensure reviews at any time during the licensure period, and may downgrade, suspend or revoke a license in accordance with the provisions of this article.

            (c) The board shall grant or deny any license within forty-five days of the receipt of the application.

            (d) The license granted by the board shall be conspicuously prominently displayed by the licensees.

            (e) The board may grant a provisional license or grant a waiver of licensure if the board deems such waiver or provisional license necessary for the shelter or program. All such waivers or provisional licenses shall be reviewed semi-annually. for up to one hundred and eighty days, to a program that is not in compliance with non-life threatening safety, programmatic, facility or administrative standards. A provisional license may be extended for up to an additional one hundred and eighty days, if the board, in its sole discretion, determines that the program is making active progress toward compliance.

            (f) The board may grant a conditional license for up to ninety days to a program that has violations of safety or accountability standards that may threaten the health, well-being or safety of its participants or staff, or the responsible operation of the program, or that have a history or pattern of noncompliance with established standards. If a program does not correct the violations within the conditional license period, the board may institute closure proceedings.

            (g) The Department of Health and Human Resources, the Division of Justice and Community Services, the Family Protection Services Board, the WV Coalition Against Domestic Violence, the West Virginia Supreme Court of Appeals and the Division of Corrections may, collectively or in any combination as appropriate to the program, collaborate to provide technical assistance to prevent and resolve deficiencies in a program’s ability to meet the standards to operate and maintain licensure.

            (h) If the board obtains information that a person or persons has engaged in, is engaging in or is about to engage in an act that constitutes or will constitute a violation of the provisions of this article or the legislative rules promulgated pursuant to this article, it may issue a notice to the person or persons to cease and desist the act, or apply to the circuit court for an order enjoining the act. Upon a showing that the person has engaged, is engaging or is about to engage in such an act, the court may order an injunction, restraining order or other order as the court considers appropriate.

§48-26-403. Legislative rules.

            (a) The board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to effectuate the provisions of this article.

            (b) The rules shall include, at a minimum:

            (1) Operating procedures of the board;

            (2) Minimum standards, including, but not limited to, governance, administration, safety, referral process, intake, services, financial accountability, staffing, personnel policies, communication, program participant records, service plans, confidentiality, program evaluation, facility requirements, reports, restrictions, and other requirements in this article, for licensure of:

            (A) Domestic violence programs, including requirements for both shelter and outreach components;

            (B) Community-based, local government and Division of Corrections batterer intervention and prevention programs; and

            (C) Monitored parenting and exchange programs; and

            (3) A licensure checklist to determine the ability of applicants and licensees to meet licensure standards, to determine eligibility for a full license, provisional license, conditional license or no license.

            (c) The rules in effect as of the effective date of the reenactment of this section will remain in effect until modified, amended or repealed provided that they are not inconsistent with this article.

§48-26-406. Closure of programs.

            (a) The board may close any shelter which program that violates the standards established under this article and which or that threatens the health, well-being and or safety of its clients participants or staff: Provided, That if a shelter is closed, the governing body of the program, in conjunction with the board, shall establish a plan to place such clients the participants in other shelters or alternative housing. and to develop a method to continue serving the areas served by the shelter to be closed.

            (b) The board may place a shelter, which violates standards established under this article and which threatens the health, well being and safety of its clients, under receivership and operate said shelter. The board shall have access and may use all assets of the shelter.

            (c) (b) In order to close or place a shelter in receivership domestic violence program or one of its components, a batterer intervention and prevention program or a monitored parenting and exchange program, the board shall hold a public hearing within the confines of municipality or county in which the shelter is located. The board, by September 1, 1989, shall establish rules and regulations to govern the conduct of such hearings: Provided, That four members of the board must vote unanimously in the affirmative. before a shelter is closed or placed in receivership.

            (d) (c) If a either the shelter disagrees with the findings of the board, the shelter may appeal such ruling to the circuit court of Kanawha County or the circuit court of the county where the shelter is located pursuant to the provisions of section four, article five, chapter twenty-nine-a of this code component or the outreach component of a domestic violence program is closed, the remaining component of the program may continue to be licensed and to receive funds.

§48-26-408. Hearing procedures; judicial review.

            (a) When a license for a program is downgraded or discontinued through permanent or temporary closure, the program’s governing body is entitled to a hearing before the board.

            (b) Hearings shall be held in accordance with the provisions of article five, chapter twenty-nine-a of this code.

            (c) The board may conduct the hearing or elect to have a hearing examiner or an administrative law judge conduct the hearing. If the hearing is conducted by a hearing examiner or an administrative law judge:

            (1) The hearing examiner or administrative law judge shall be licensed to practice law in this state and shall conform to the Code of Conduct for Administrative Law Judges as set forth by the Ethics Commission in legislative rule;

            (2) At the conclusion of a hearing, the hearing examiner or administrative law judge shall prepare a proposed written order containing recommended findings of fact and conclusions of law and may include recommended sanctions, including closure, if the board so directs;

            (3) The board may accept, reject, modify or amend the recommendations of the hearing examiner or administrative law judge; and

            (4) If the board rejects, modifies or amends the recommendations, the board shall state in the order a reasoned, articulate justification based on the record for the rejection, modification or amendment.

            (d) Pursuant to the provisions of section one, article five, chapter twenty-nine-a of this code, informal disposition may also be made by the board by stipulation, agreed settlement, consent order or default. Further, the board may suspend its decision and place a license on conditional or provisional status.

            (e) A licensee adversely affected by a decision of the board entered after a hearing may seek an appeal to the Circuit Court, in accordance with the provisions of section four, article five, chapter twenty-nine-a of this code, and may appeal a decision of the Circuit Court to the West Virginia Supreme Court of Appeals, in accordance with the provisions of article six, chapter twenty-nine-a of this code.

PART VI. FUNDING.

§48-26-603. Domestic Violence Legal Services Fund.

            (a) There is hereby established continued in the State Treasury a special revenue account, designated as the ‘Domestic Violence Legal Services Fund,’ which that shall be an appropriated fund for receipt of grants, gifts, fees, or federal or state funds designated for legal services for domestic violence victims. Expenditures from the fund shall be limited to attorneys employed or contracted by licensed domestic violence shelters programs, or employed or contracted by nonprofit agencies West Virginia’s federally designated legal services program, its successor organization or other nonprofit organization as determined by the department, which that establish a collaborative relationship with a licensed domestic violence shelter program, that to provide civil legal services to victims of domestic violence.

            (b) Any court of this state may order a nonprevailing party to pay an amount equivalent to the reasonable attorney’s fee to which the prevailing litigant would be entitled into the Domestic Violence Legal Services Fund, established in subsection (a) of this section, if the following circumstances occur:

            (1) A prevailing litigant is entitled by statute or common law to a reasonable attorney’s fee, and

            (2) The prevailing litigant’s legal counsel informs the court that no fee will be requested.

§48-26-604. Annual reports of licensed programs.

            (a) All programs licensed pursuant to this article shall report specific information annually as required by the board.

            (b) No information contained in a report may identify any person served by the program or enable any person to determine the identity of any such person.

PART VII. CONFIDENTIALITY.

§48-26-701. Confidentiality.

            (a) No program or shelter receiving funds licensed pursuant to this article shall may disclose, reveal or release or be compelled to disclose, reveal or release, any written records or personal or personally identifying information about a program participant created or maintained in providing services, regardless of whether the information has been encoded, encrypted, hashed, or otherwise protected, pursuant to this article except:

            (1) Upon written consent, or upon oral consent in emergency situations defined by legislative rule, of the person seeking or who has sought services from the program; or the shelter

            (2) In any proceeding brought under sections four and five, article six, chapter nine of this code or article six, chapter forty-nine of this code;

            (3) As mandated by article six-a, chapter forty-nine and article six, chapter nine of this code;

            (4) Pursuant to an order of any court based upon a finding that said information is sufficiently relevant to a proceeding before the court to outweigh the importance of maintaining the confidentiality established by this section;

            (5) To protect against a clear and substantial danger of imminent injury by a client person receiving services to himself or herself or another; or

            (6) For treatment or internal review purposes to the staff of any program or shelter if the client is also being cared for by other health professionals in the program or shelter. As authorized by the releases signed by batterer intervention and prevention program participants pursuant to the provisions of subsection (b) of this section.

            (b) Batterer intervention and prevention program participants shall authorize the release of information by signing the following releases:

            (1) Allowing the provider to inform the victim or alleged victim and the victim’s advocates that the batterer is participating in a batterer intervention and prevention program with the provider and to provide information to the victim or alleged victim and her or his advocates, if necessary, for the victim’s or alleged victim’s safety;

            (2) Allowing prior and current service providers to provide information about the batterer to the provider;

            (3) Allowing the provider, for good cause, to provide information about the batterer to relevant legal entities, including courts, parole officers, probation officers, child protective services, adult protective services, law enforcement, licensed domestic violence programs, or other referral agencies;

            (4) Allowing the provider to report to the court, if the participation was court ordered, and to the victim or alleged victim, if she or he requests and provides a method of notification, and to his or her advocate, any assault, failure to comply with program requirements, failure to attend the program, threat of harm by the batterer, reason for termination and recommendations for changes in the court order; and

            (5) Allowing the provider to report to the victim or alleged victim, or his or her advocate, without the participant’s authorization, all perceived threats of harm, the participant’s failure to attend and reason for termination.

            (c) Monitored parenting and exchange programs may disclose to one parent or guardian, without the permission of the other parent or guardian, any perceived threat of harm or violation of the court order or violation of the monitored parenting and exchange program rules by the other parent or guardian.

            (d) No monitored parenting and exchange program may release information about the child without consent of the parent with custodial responsibility or guardian.

            (e) In addition to the provisions set forth in this section, the release of a victim’s personally identifying information is subject to the provisions of 42 U.S.C. § 13925(b)(2).

            (b) (f) No consent or authorization for the transmission or disclosure of confidential information shall be is effective unless it is in writing and signed by the client program participant whose information is being disclosed. Every person signing an authorization shall be given a copy.

            (g) A victim of domestic violence, dating violence, sexual assault, or stalking shall not be required to provide consent to release his or her personally identifying information as a condition of eligibility for the services, nor may any personally-identifying information be shared in order to comply with federal or state reporting, evaluation, or data collection requirements: Provided, That nothing in this section prohibits a program from reporting suspected abuse or neglect, as defined by law, when the program is mandated by law to report suspected abuse or neglect.

PART X . MONITORED PARENTING AND EXCHANGE PROGRAMS.

§48-26-1001. Court orders; use of monitored parenting and exchange programs without court order.

            (a) Judges and magistrates may order persons to apply to a licensed monitored parenting and exchange program for monitored parenting or monitored exchange of children: Provided, That a licensed monitored parenting and exchange program may not be required to perform duties that are beyond the program’s capacity or scope of services.

            (b) Judges and magistrates may require a person to pay a reasonable amount based on ability to pay and other relevant criteria for any fee charged by a monitored parenting and exchange program.

            (c) Licensed monitored parenting and exchange programs may receive referrals from judges, magistrates, child protective services, attorneys and other agencies, for services under the terms and conditions of those services as set forth in rules promulgated by the board.

            (d) Licensed monitored parenting and exchange programs may serve self-referrals when the adult parties agree to the use of the program.

§48-26-1002. Exclusions.
            The provisions of this part do not apply to therapeutic or supervised visitation or exchanges or any activity conducted by the state or others in abuse and neglect proceedings pursuant to articles six and six-a, chapter forty-nine of this code in which assessment, evaluation, formulation of a treatment plan, case management, counseling, therapy or similar activities occur.

§48-26-1004. Contract by persons using program.

            Every center program shall require that the parents parent, guardian or other caretakers adult sign a written contract prior to using the center program and that the use of the services provided by the center program can be terminated by the center program for violation of the contract.”

            And,

            By amending the title of the bill to read as follows:

            Com. Sub. for H. B. 2603 - “A Bill to repeal §48-26-404, §48-26-405, §48-26-601, §48-26-602, §48-26-901, §48-26-902, §48-26-1003, §48-26-1005, §48-26-1006 and §48-26-1007 of the Code of West Virginia, 1931, as amended; to amend and reenact §48-26-202, §48-26-203, §48-26-204, §48-26-205, §48-26-206, §48-26-301, §48-26-401, §48-26-402, §48-26-403, §48-26-406, §48-26-603, §48-26-604, §48-26-701, §48-26-1001, §48-26-1002 and §48-26-1004 of said code; and to amend said code by adding thereto nine new sections, designated §48-26-207, §48-26-208, §48-26-209, §48-26-210, §48-26-211, §48-26-212, §48-26-213, §48-26-214 and §48-26-408, all relating to the Family Protection Services Board; revising definitions; adding definitions; revising qualifications for membership on the board; adding two new members to the board; clarifying that the two ex officio members have voting privileges; prohibiting certain persons from serving on the board at the same time as certain other persons; providing for appointments for unexpired terms of board members; providing appointments for members who become disqualified; clarifying and expanding the board’s powers and duties; requiring board to submit annual report to Governor and Joint Committee on Government and Finance; authorizing legislative rules; increasing the percentage of board funds that may be used for administrative functions; authorizing the board to develop formulas to direct funds to certain programs; prohibiting programs from falsely representing that they are licensed; authorizing the board to develop preliminary and full application forms; requiring board to respond in writing within certain time after receiving preliminary and full applications; providing for conditional, provisional and full licenses; allowing certain entities to provide support to programs in certain situations; authorizing the board to issue licenses for up to three years; updating provisions related to the closure of programs; authorizing the board to issue notices to cease and desist and seek injunctive relief in certain situations; setting forth procedures for hearings and appeals; clarifying the uses of the Domestic Violence Legal Services Fund; requiring programs to report annually to the board; updating confidentiality protections for programs participants; updating provisions related to monitored parenting and exchange programs; providing that judges and magistrates may order persons to participate in a monitored parenting and exchange program; and allowing monitored parenting and exchange programs to receive referrals.”

            On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendments.

            The bill, as amended by the Senate, was then put upon its passage.

            On the passage of the bill, the yeas and nays were taken (Roll No. 330), and there were--yeas 94, nays 4, absent and not voting 2, with the absent and not voting being as follows:

            Nays: Butler, Cadle, Gearheart, and Householder. 

            Absent and Not Voting: Moore and 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. 2603) passed.

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

            On this question, the yeas and nays were taken (Roll No. 331), and there were--yeas 94, nays 5, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Butler, Cadle, Gearheart, Householder and 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 (Com. Sub. for H. B. 2603) takes effect from its passage.

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

            A message from the Senate, by

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

            Com. Sub. for H. B. 2819, Relating to the financial oversight of entities regulated by the Insurance Commissioner.

            A message from the Senate, by

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

            Com. Sub. for H. B. 2866, Providing an exception to allow a resident of a dwelling house to discharge a firearm in a lawful manner within five hundred feet.

            A message from the Senate, by

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

            Com. Sub. for H. B. 2913, Specifying procedures for adjusting payments to correct for an erroneous distribution of moneys dedicated, distributed or directed to a state or local governmental subdivision.

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

            The following Senate amendments were reported by the Clerk:

            On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

            “That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §11-10-26, to read as follows:

ARTICLE 10. WEST VIRGINIA TAX PROCEDURE AND ADMINISTRATION ACT.

§11-10-26. Adjustment for correction of erroneous distribution of funds, limitation period, immunity of agencies, subdivisions, and instrumentalities of this state.

            (a)(1) An erroneous distribution, transfer, allocation, overpayment or underpayment dedicated, distributed or directed by the state or an instrumentality of the state to a state or local governmental subdivision or a fund, entity, agency or instrumentality of the state or a political subdivision of the state, under the provisions of this code administered under this article, or under the provisions of article twenty-two, twenty-two-a, twenty-two-b, twenty-two-c or twenty-five, chapter twenty-nine of this code, or any other provision of this code, or any combination thereof, caused by clerical error or mistake, or a computational, informational or other mistake or error, may be corrected by an adjustment to a distribution, transfer, allocation or payment to the subdivision, entity, agency, instrumentality or fund and by transfer of moneys from the subdivision, entity, agency, instrumentality or fund until the amount of the erroneous distribution, transfer, allocation, overpayment or underpayment has been corrected: Provided, That no correction or adjustment may be made for an erroneous distribution, transfer, allocation, overpayment or underpayment of moneys that is first discovered by the distributor or the distributee more than three years after the date on which the erroneous distribution, transfer, allocation, overpayment or underpayment of moneys was made, and no action lies for collection, correction or remediation of the late discovered erroneous distribution, transfer, allocation, overpayment or underpayment of the moneys.

            (2) A distribution, transfer, allocation, overpayment or underpayment of moneys is deemed to have been made on the date when the moneys related thereto are under the actual, substantive control of the transferee, and subject to expenditure, disbursement, consumption or disposition by the transferee.

            (3) An erroneous distribution, transfer, allocation, overpayment or underpayment of moneys is deemed to have been discovered on the date when the distributor or the distributee or any employee, officer, agent or representative of the distributor or distributee has actual substantive knowledge of the erroneous distribution, transfer, allocation, overpayment or underpayment of moneys.

            (b) An agency, governmental subdivision or instrumentality of this state is not subject to a fine, penalty, assessment or imposition as a result of, or attributable to, an erroneous distribution, transfer, allocation, overpayment or underpayment of moneys.

            (c) The provisions of subsection (a) of this section shall not be applied to alter, abrogate or terminate any current and ongoing agreement or arrangement which was in operation on the effective date of this section, to correct or adjust an erroneous distribution, transfer, allocation, overpayment or underpayment, between (1) this state or an instrumentality of this state and (2) a state or local governmental subdivision or a fund, entity, agency or instrumentality of the state or a political subdivision of this state.”

            And,

            By amending the title of the bill to read as follows:

            Com. Sub. for H. B. 2913 - “A Bill to amend the Code of West Virginia, 1931, as amended by adding thereto a new section, designated §11-10-26, relating to correction of certain erroneous distributions, transfers, allocations, overpayments or underpayments; specifying immunity of agencies, subdivisions and instrumentalities of this state from any fine, penalty, assessment or imposition as a result of, or attributable to the erroneous distribution, transfer, allocation, overpayment or underpayment of moneys; and specifying when discovery and distribution have occurred; specifying that provisions shall not be applied to alter, abrogate or terminate any current and ongoing agreement or arrangement in operation on the effective date.”

            On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendments.

            The bill, as amended by the Senate, was then put upon its passage.

            On the passage of the bill, the yeas and nays were taken (Roll No. 332), 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. 2913) passed.

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

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect July 1, 2013, a bill of the House of Delegates as follows:

            H. B. 2968, Authorizing the use of an additional medium for use in archiving the records.

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

            On this question, the yeas and nays were taken (Roll No. 333), 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 H. B. 2968) takes effect July 1, 2013.

            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, without amendment, of a concurrent resolution of the House of Delegates as follows:

            H. C. R. 50, Requesting the Joint Committee on Government and Finance to schedule the June 2013 Legislative Interim Committee meetings in Wheeling during the week of June 20.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:

            H. C. R. 105, Requesting a study on the necessity of hiring additional fraud investigators for the Department of Health and Human Resources and the Medicaid Fraud Control Unit.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had refused to concur in the amendment of the House of Delegates and requested the House to recede from its amendment to

            S. B. 108, Creating Unintentional Pharmaceutical Drug Overdose Fatality Review Team.

            On motion of Delegate Boggs, the House of Delegates refused to recede from its amendment and requested the Senate to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.

            Whereupon,

            The Speaker appointed as conferees on the part of the House of Delegates the following:

            Delegates Perdue, Perry and Ellington.

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

            A message from the Senate, by

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

            S. B. 214, Eliminating interview requirement for certain medical licensee applicants.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had refused to concur in the amendment of the House of Delegates and requested the House to recede from its amendment to

            Com. Sub. for S. B. 435, Continuing Municipal Home Rule Pilot Program.

            On motion of Delegate Boggs, the House of Delegates refused to recede from its amendment and requested the Senate to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.

            Whereupon,

            The Speaker appointed as conferees on the part of the House of Delegates the following:

            Delegates Morgan, Swartzmiller and Azinger.

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

            A message from the Senate, by

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

            S. B. 446, Conforming motor fuel taxes with International Fuel Tax Agreement.

            A message from the Senate, by

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

            Com. Sub. for S. B. 478, Redefining “video lottery games”; permitting wagering by historic resort hotel employees.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had refused to concur in the amendment of the House of Delegates and requested the House to recede from its amendment to

            Com. Sub. for S. B. 580, Updating requirements for dental intern, resident and teaching permits.

            On motion of Delegate Boggs, the House of Delegates refused to recede from its amendment and requested the Senate to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.

            Whereupon,

            The Speaker appointed as conferees on the part of the House of Delegates the following:

            Delegates Staggers, Poore and Sobonya.

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

             A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of 

            S. B. 665 - “A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2013, in the amount of $6,500,000 from the Attorney General, Consumer Protection Recovery Fund, fund 1509, fiscal year 2013, organization 1500, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Attorney General, fund 0150, fiscal year 2013, organization 1500, and to the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2013, organization 0506, by supplementing and amending the appropriations for the fiscal year ending June 30, 2013.”

            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. 42 - “Requesting the Joint Committee on Government and Finance study the state’s purchasing process and procedures, including the possible adoption of the Model Procurement Act.”

            Whereas, It has been brought to the attention of the Legislature that the purchasing and procurement processes of the state are unclear; and

            Whereas, There is some discrepancy in the best purchasing process for the state, and a study may produce a procedure or refine an existing procedure conducive to efficient spending; and

            Whereas, Other states employ and advocate procurement methods that differ from that of West Virginia; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the state’s purchasing process and procedures, including the possible adoption of the Model Procurement Act; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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

            A message from the Senate, by

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

            S. C. R. 50 - “Requesting the Joint Committee on Government and Finance study abuse deterrent formulations for opioid medications.”

            Whereas, Over one hundred million adults in the United States suffer from chronic pain, including millions with debilitating conditions like arthritis, fibromyalgia and lower back pain; and

            Whereas, Chronic pain likely costs West Virginia millions of dollars each year in lost productivity, added health costs and increased expenditures for Medicaid; and

            Whereas, The significant and justified concentration of attention on limiting substance abuse in our state has placed health care providers and patients in a difficult position as barriers to pain treatment have been considered; and

            Whereas, New technologies are available that can protect the integrity of pain medications so they may not be altered in form for the ease of substance abusers to use illegally; and

            Whereas, The federal Food and Drug Administration is currently studying the application of abuse deterrent formulation (ADF) technologies for use in opioid medications; and

            Whereas, The introduction of ADF technologies into the pain medication arena is of great potential significance to West Virginia as a method to ensure the continued access of patients to these important medicines and to the general interests of the state as a strategy to limit substance abuse problems; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Joint Committee on Government and Finance study abuse deterrent formulations for opioid medications; and, be it

            Further Resolved, That the Joint Committee on Government and Finance is requested to conduct a study on the issues of West Virginians’ access to effective pain management medications and the need for the Bureau for Medical Services and the Public Employee Insurance Agency to require the adoption of abuse deterrent formulation technologies for pain medicines in order to assist in the state’s continuing efforts to eliminate substance abuse; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2014, on it findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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

            A message from the Senate, by

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

            S. C. R. 52 - “Requesting the Joint Committee on Government and Finance study tobacco use in West Virginia, with emphasis on cigarette smoking prevalence, smoking-related deaths, smoking-related economic costs and tobacco prevention policies focused on smoke-free workplaces.”

            Whereas, West Virginia continues to have one of the highest rates of cigarette smoking in the country and despite successes in reducing smoking among West Virginia youth there have yet to be any declines in smoking among West Virginia adults; and

            Whereas, According to the Centers for Disease Control and Prevention, cigarette smoking harms nearly every organ in the body and causes 443,000 deaths each year in the U. S. In West Virginia, on average, 3,770 WV adults age thirty-five and older die each year from diseases related to cigarette smoking and about nineteen percent of all deaths of WV adults age thirty-five and older are caused by cigarette smoking; and

            Whereas, Smoking-related economic costs can be separated into: (1) Direct health care costs related to cigarette smoking; and 2) productivity losses due to smoking-related deaths; and

            Whereas, It is estimated that the annual direct health care costs resulting from tobacco use is over $700 million, and the estimated annual lost productivity (lost wages and other economic contributions of those who died early) amount to over $1 billion; and

            Whereas, Tobacco prevention policies and smoke-free workplaces go hand-in-hand to help combat the costs associated with tobacco use, including in those organizations such as health care facilities and related institutions dedicated to health and the discouragement of tobacco use by the general public. According to the CDC in a 2011 report, it was found that between 11.8 and 23.7 percent of health care workers in the United States, varying according to their role within the industry, are smokers; and

            Whereas, The prevalence of smoking among health care workers has been perceived to undermine the public health message of these health care institutions with regards to smoking; and

            Whereas, This Legislature shares these public health concerns surrounding tobacco use, and further discussion on how best to address the issue is needed; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study tobacco use in West Virginia, with emphasis on cigarette smoking prevalence, smoking-related deaths, smoking- related economic costs and tobacco prevention policies focused on smoke-free workplaces; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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

            A message from the Senate, by

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

            S. C. R. 69 - “Requesting the Joint Committee on Government and Finance study the West Virginia Project Launchpad Act; the feasibility of comprehensive tax credits to encourage development of advanced technologies; and the fiscal impact of enacting such comprehensive tax incentive legislation.”

            Whereas, Vision Shared plays an important role in helping to create a vibrant and diverse economy in West Virginia; and

            Whereas, The Legislature has previously set forth its intent that Vision Shared is to help in working toward developing a comprehensive statewide economic development strategy, effectively coordinate economic development programs statewide and develop meaningful agency and program benchmarks and performance-based evaluations; and

            Whereas, Vision Shared, working with a combination of business and labor leaders, has determined that the West Virginia Project Launchpad Act will help West Virginia retain its highly skilled and educated workforce, encourage further business development and assist the Legislature in fulfilling the aforementioned goals; and

            Whereas, Despite our highly skilled and educated workforce, West Virginia suffers from a lack of advanced technology businesses, many of which offer good-paying jobs that provide good benefits to their employees; and

            Whereas, Encouraging development of such businesses is a key in growing West Virginia’s economy, providing more good-paying jobs to its citizens and retaining our high school graduates, college graduates and professionals; and

            Whereas, Tax credits are an important element in encouraging business development and relocation in West Virginia; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the West Virginia Project Launchpad Act; the feasibility of comprehensive tax credits to encourage development of advanced technologies; and the fiscal impact of enacting such comprehensive tax incentive legislation; and, be it

            Further Resolved, That Vision Shared and the West Virginia State Tax Department are requested to assist the Joint Committee on Government and Finance in its study of the West Virginia Project Launchpad Act; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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

Special Calendar

-Continued-

            Com. Sub. for S. B. 437, Regulating commercial dog-breeding operations; 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. 334), and there were--yeas 66, nays 33, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Ambler, Anderson, Andes, Arvon, Ashley, Azinger, Border, Butler, Cadle, Cooper, Cowles, Ellem, Ellington, A. Evans, D. Evans, Faircloth, Folk, Frich, Hamilton, Householder, Howell, Ireland, Kump, Miller, Morgan, E. Nelson, Reynolds, Romine, Rowan, Shott, Sobonya, Walters 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. 437) passed.

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

            S. B. 441, Relating to withdrawal of erroneous state tax liens; 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. 335), 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. 441) 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. 454, Relating to taxation of alternative motor fuels; 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. 336), and there were--yeas 89, nays 10, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Armstead, Cadle, D. Evans, Folk, Gearheart, Householder, Howell, Kump, Lane and McCuskey.

            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. 454) passed.

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

            On this question, the yeas and nays were taken (Roll No. 337), and there were--yeas 89, nays 10, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Armstead, Cadle, Folk, Gearheart, Householder, Howell, Kump, Lane, McCuskey 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 (Com. Sub. for S. B. 454) takes effect from its passage.

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

            Com. Sub. for S. B. 464, Regulating tanning facilities; 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. 338), 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, D. Evans, Fragale, Gearheart, Howell, Overington 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 (Com. Sub. for S. B. 464) 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. 469, Clarifying service credit for certain PERS members; 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. 339), 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. 469) passed.

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

            Com. Sub. for S. B. 469 - “A Bill to amend and reenact §5-10-14 and §5-10-18 of the Code of West Virginia, 1931, as amended, all relating to service credit; providing for the purchasing of retroactive service credit by certain employees; requiring payment of reinstatement interest in the Public Employees Retirement System in certain circumstances.”

            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. 477, Relating to electronic registration of voters; 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. 340), and there were--yeas 79, nays 20, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Arvon, Border, Butler, Cadle, Cooper, Faircloth, Folk, Frich, Gearheart, Hamrick, Householder, Kump, McCuskey, Miller, O'Neal, Overington, Raines, 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. 477) passed.

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

            Com. Sub. for S. B. 481, Relating to juvenile mental health treatment; 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. 341), 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. 481) passed.

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

            Com. Sub. for S. B. 482, Relating to sale of voter registration lists; 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. 342), and there were--yeas 92, nays 7, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Cadle, D. Evans, Folk, Householder, Kump, Miller 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 (Com. Sub. for S. B. 482) 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. 515, Relating to use of television receivers and other devices in vehicles; 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. 343), and there were--yeas 95, nays 4, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: D. Evans, Folk, Howell and 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. 515) passed.

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

            S. B. 515 – “A Bill to amend and reenact §17C-15-42 of the Code of West Virginia, 1931, as amended, relating to equipment installed in motor vehicles; prohibiting video screens, video monitors, televisions and television receivers in view of the driver while a motor vehicle is in motion; exceptions; restrictions; conditions for use; and inapplicability of prohibition to specific devices.”

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

            S. B. 523, Making supplementary appropriation of unappropriated moneys to various accounts; 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. 344), 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 (S. B.523) passed.

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

            S. B. 523 - “A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2013, to the Governor’s Office, Minority Affairs Fund, fund 1058, fiscal year 2013, organization 0100, to the Department of Education and the Arts, State Board of Rehabilitation - Division of Rehabilitation Services - West Virginia Rehabilitation Center - Special Account, fund 8664, fiscal year 2013, organization 0932, to the Department of Health and Human Resources, Division of Health - Hospital Services Revenue Account, Special Fund, Capital Improvements, Renovation and Operations, fund 5156, fiscal year 2013, organization 0506, to the Department of Military Affairs and Public Safety, West Virginia State Police, fund 6501, fiscal year 2013, organization 0612, to the Department of Health and Human Resources, Division of Health - Lead Abatement Account, fund 5204, fiscal year 2013, organization 0506, to the Department of Revenue, Municipal Bond Commission, fund 7253, fiscal year 2013, organization 0706, to the Department of Transportation, Public Port Authority - Special Railroad and Intermodal Enhancement Fund, fund 8254, fiscal year 2013, organization 0806, to the Miscellaneous Boards and Commissions, WV Board of Examiners for Registered Professional Nurses, fund 8520, fiscal year 2013, organization 0907, and to the Miscellaneous Boards and Commissions, WV Board of Licensed Dietitians, fund 8680, fiscal year 2013, organization 0936, by supplementing and amending the appropriations for the fiscal year ending June 30, 2013.”

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

            On this question, the yeas and nays were taken (Roll No. 345), 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. 523) 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. 525, Making supplementary appropriation of federal funds to various accounts; 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. 346), and there were--yeas 91, nays 8, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Cowles, Espinosa, Folk, Frich, Hamrick, Householder, Howell and Lane.

            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.525) passed.

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

            On this question, the yeas and nays were taken (Roll No. 347), and there were--yeas 90, nays 9, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Armstead, Cowles, Espinosa, Folk, Frich, Hamrick, Householder, Howell and Lane.

            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. 525) takes effect from its passage.

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

            Com. Sub. for S. B. 535, Relating to process for maintaining voter registration lists; 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. 348), and there were--yeas 79, nays 20, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Ambler, Armstead, Arvon, Ashley, Border, Cadle, Cowles, Espinosa, D. Evans, Faircloth, Folk, Householder, Howell, Lane, McCuskey, Miller, O’Neal, Sobonya, Storch and Walters.

            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. 535) passed.

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

            Com. Sub. for S. B. 535 - “A Bill to repeal §3-2-24 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-1-3 of said code; and to amend and reenact §3-2-2, §3-2-4a, §3-2-18, §3-2-19, §3-2-21, §3-2-23, §3-2-25 and §3-2-29 of said code, all relating to the maintenance of voter registration lists and related records generally; repealing provisions governing superseded voter list purging procedures; updating specific constitutional provisions relating to voting; modifying when a person under the age of eighteen may vote in a primary election; updating the processes and responsibilities for statewide voter registration and establishing county and state roles in the voter registration process; modifying the processes of maintaining voter registration records; specifying county roles in maintaining voter registration files for municipal elections; modifying processes for the maintenance of records in the statewide voter registration database; permitting registration records to be shared across state lines pursuant to certain programs; modifying processes for cancellation of deceased or ineligible voters’ registrations; providing county and state roles in the systematic purging program for removal of ineligible voters from active voter registration records; and providing for the custody of paper and electronic voter registration records.”

            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. 538, Eliminating requirement law enforcement maintain files of domestic violence orders; 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. 349), 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. 538) passed.

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

            Com. Sub. for S. B. 538 - “A Bill to amend and reenact §48-27-601 of the Code of West Virginia, 1931, as amended, relating generally to disposition of domestic violence orders; requiring the filing of domestic violence orders with the domestic violence database; and modifying law enforcement’s record keeping requirement for domestic violence orders.”

            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. 586, Transferring authority to license cosmetology, barber and massage schools to Council for Community and Technical College Education; 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. 350), 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. 586) passed.

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

            On this question, the yeas and nays were taken (Roll No. 351), 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. 586) takes effect from its passage.

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

            At 4:45 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 4:45 p.m., and reconvened at that time.

Conference Committee Report Availability

            At 4:48 p.m., the Clerk announced availability in his office of the report of the Committee of Conference on Com. Sub. for H. B. 2585, Increasing the time to file a petition in response to notice of an increased assessment.

            S. B. 596, Determining grant awards for Chesapeake Bay and Greenbrier River watershed compliance projects; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.

            At the request of Delegate Boggs, and by unanimous consent, the bill was postponed.

            Com. Sub. for S. B. 604, Expanding definition of “electioneering communication”; 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. 352), and there were--yeas 52, nays 47, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Ambler, Anderson, Andes, Armstead, Arvon, Ashley, Azinger, Border, Butler, Cadle, Canterbury, Cooper, Cowles, Eldridge, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Folk, Frich, Gearheart, Hamrick, Householder, Howell, Ireland, Kump, Lane, McCuskey, Miller, Moye, E. Nelson, O’Neal, Overington, Pasdon, Perry, Raines, Romine, Rowan, Shott, P. Smith, R. Smith, Sobonya, Storch, Sumner, Walters 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. 604) passed.

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

            S. B. 596, Determining grant awards for Chesapeake Bay and Greenbrier River watershed compliance projects; on third reading, having been postponed in earlier proceedings, was reported by the Clerk.

 

            The bill was then read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 353), and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Butler and Walters.

            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. 596) passed.

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

            S. B. 596 - “A Bill to amend and reenact §31-15A-17b of the Code of West Virginia, 1931, as amended, relating to requiring the West Virginia Infrastructure and Jobs Development Council to direct the Water Development Authority to make grants to certain eligible certified Chesapeake Bay and Greenbrier River watershed compliance projects.”

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

            On this question, the yeas and nays were taken (Roll No. 354), and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Butler and Walters.

            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. 596) 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. 623, Relating to funding for probation officers to address truancy; 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. 355), 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. 623) passed.

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

            S. B. 623 - “A Bill to amend and reenact §18-5B-11 of the Code of West Virginia, 1931, as amended, relating to dropout prevention and recovery innovation zone grants for truancy probation; providing eligibility and purpose of grant; exempting applications from other requirements of section; providing for coordination of deadlines and approvals; and requiring prorata reduction of awards if funds insufficient.”

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

            On this question, the yeas and nays were taken (Roll No. 356), 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, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 623) 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.

            S. B. 663, Creating WV Feed to Achieve Act; on third reading, coming up in regular order, was read a third time.

            Extended debate ensued.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 357), and there were--yeas 89, nays 9, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Canterbury, Cowles, Ellem, Folk, Gearheart, Householder, Howell, Kump and Overington.

            Absent and Not Voting: Hunt and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 663) passed.

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

            S. B. 663 - “A Bill to repeal §18-5-37 the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §18-5D-1, §18-5D-2 ,§18-5D-3, and §18-5D-4, all relating to improving the nutrition, physical activity and health of West Virginia’s children; creating the West Virginia Feed to Achieve Act; providing legislative findings and intent; encouraging adoption of comprehensive policies and programs; phasing in implementation of the West Virginia Feed to Achieve Act; making nutritious breakfast and lunch be made available to all students; promoting delivery systems, strategies and methods to maximize participation by students; providing for record keeping and reporting; authorizing continuation or termination of nutrition programs under certain conditions; providing that classroom teachers may not be required to operate a breakfast program as part of their regular duties; establishing restricted use funds or nonprofit foundations to provide moneys for school nutrition programs; providing for acceptance of private contributions; authorizing expenditures of private funds to draw down maximum federal funds for child nutrition; authorizing certain expenditures; prohibiting use of private funds for administrative or personnel expenses; authorizing partnerships with federal and state agencies and public and private organizations to expand options for providing healthy, nutritious food to children; encouraging healthy food initiatives such as community gardens and farm to school programs; and requiring an annual audit of the private funds.”

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

            On this question, the yeas and nays were taken (Roll No. 358), and there were--yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Cowles, Folk, Howell and Kump.

            Absent and Not Voting: Hunt 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. 663) 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.

            Delegate Folk addressed the House regarding the passage of S. B. 663, and at the conclusion thereof, Delegate Kump asked and obtained unanimous consent that said remarks be printed in the Appendix to the Journal.

            Delegate Hamrick then asked and obtained unanimous consent that all remarks regarding S. B. 663 be printed in the Appendix to the Journal.

            [Clerk’s Note: The remarks of the individuals will be included following a review of proceedings by the Clerk.]

            S. B. 664, Decreasing appropriations of public moneys in State Fund, General Revenue; 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. 359), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Hunt and 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. 664) passed.

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

            On this question, the yeas and nays were taken (Roll No. 360), and there were--yeas 98, nays none, absent and not voting 2, with the nays and absent and not voting being as follows:

            Absent and Not Voting: Hunt 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. 664) takes effect from its passage.

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

            Com. Sub. for H. B. 2014, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution; 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. 361), and there were--yeas 85, nays 13, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Armstead, Border, Cowles, Espinosa, Faircloth, Folk, Hamrick, Householder, Howell, Kump, Lane, McCuskey and Overington.

            Absent and Not Voting: Hunt and 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. 2014) passed.

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

            On this question, the yeas and nays were taken (Roll No. 362), and there were--yeas 88, nays 9, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Armstead, Border, Cowles, Espinosa, Faircloth, Hamrick, Householder, Howell and Overington.

            Absent and Not Voting: Hunt, J. Nelson and O'Neal.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2014) takes effect from its passage.

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

            Com. Sub. for S.B. 401, Relating to Board of Registration for Professional Engineers; still being in possession of the Clerk, was taken up for further consideration.

            On motion of Delegate Boggs, the House of Delegates then reconsidered the vote on the effective date of the bill.

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

            On this question, the yeas and nays were taken (Roll No. 363), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Howell.

            Absent and Not Voting: Hunt 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. 401) 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.

Second Reading

            Com. Sub. for S. B. 21, Creating Health Care Provider Transparency Act; on second reading, coming up in regular order, was read a second time.

            An amendment to the bill, recommended by the Committee on the Judiciary, was reported by the Clerk.

            Whereupon,

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

            Delegate Miley then asked and obtained unanimous consent to offer a substitute amendment recommended by the Committee on the Judiciary in its stead.

            The Clerk then reported the amendment, on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

            “That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §16-1C-1, §16-1C-2, §16-1C-3, §16-1C-4, and §16-1C-5, all to read as follows:

ARTICLE 1C. HEALTH CARE PROVIDER TRANSPARENCY ACT.

§16-1C-1. Definitions.

            (a)‘Direct patient care’ means health care that provides for the physical, diagnostic, emotional or rehabilitation needs of a patient or health care that involves examination, treatment or preparation for diagnostic tests or procedures.

            (b) ‘Employee’ means an employee or contractor of a health care provider or a person who is granted privileges by a health care provider who delivers direct patient care.

            (c) ‘Health care provider’ means an individual, partnership, corporation, facility, hospital or institution licensed or certified or authorized by law to provide professional health care service in this state to a patient during that patient's medical, remedial or behavioral health care, treatment or confinement.

            (d) ‘Secretary’ means the Secretary of the West Virginia Department of Health and Human Resources. The secretary may define in rules any term or phrase used in this article which is not expressly defined.

§16-1C-2. Identification badge requirements.

             Notwithstanding any other provision of this code, an employee shall wear an identification badge when providing direct patient care. The identification badge shall be worn in a conspicuous manner so as to be visible and apparent.

§16-1C-3. Exceptions.

            (a) Notwithstanding section three of this article, the following shall apply:

            (1) An employee shall not be required to wear an identification badge while delivering direct patient care if it is not clinically feasible.

            (2) The last name of the employee may be omitted or concealed from an identification badge when delivering direct patient care if the employee is concerned for his or her safety.

            (b) An employee may petition the secretary for an exemption from the requirements of this article for reasons that are not set forth in this section.

            (c) An employee providing direct patient care in a behavioral health care setting may not be required to wear an identification badge.

§16-1C-4. Rules.

            The Secretary of the Department of Health and Human Resources, in consultation with appropriate health care provider professional licensing boards, shall propose rules for legislative approval in accordance with the provisions of chapter twenty-nine-a of this code to implement the provisions of this article. These rules shall include, at a minimum:

            (1) The contents of the identification badge, which shall at least include the name of the employee and title of the employee;

            (2) The title to be used to identify employee licensure information;

            (3) The appearance of the identification badge, which shall have the title of the employee as large as possible in block type: Provided, That health care facilities providing identification badges prior to enactment of this article shall not be required to issue new badges;

            (4) The process and procedure for seeking an exemption from the requirements of this article; and

            (5) Such other rules as may be deemed necessary to effectuate the purposes of this article.

§16-1C-5. Applicability.

            Section three of this article applies to employees of health care providers, as of July 1, 2015.”

            On motion of Delegate Ellington, the amendment was amended on page three, line twenty-two, following the word “providers”, by inserting the words “who employ at least three licensed practitioners or employ more than ten employees”.

            The Judiciary amendment, as amended, was then adopted.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 22, Requiring maternity services coverage for all health insurance plan dependents in certain circumstances; 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:

CHAPTER 5. GENERAL POWERS AND AUTHORITY OF GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.

ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.

§5-16-7. Authorization to establish group hospital and surgical insurance plan, group major medical insurance plan, group prescription drug plan and group life and accidental death insurance plan; rules for administration of plans; mandated benefits; what plans may provide; optional plans; separate rating for claims experience purposes.

            (a) The agency shall establish a group hospital and surgical insurance plan or plans, a group prescription drug insurance plan or plans, a group major medical insurance plan or plans and a group life and accidental death insurance plan or plans for those employees herein made eligible and to establish and promulgate rules for the administration of these plans subject to the limitations contained in this article. Those These plans shall include:

            (1) Coverages and benefits for X ray and laboratory services in connection with mammograms when medically appropriate and consistent with current guidelines from the United States Preventive Services Task Force; pap smears, either conventional or liquid-based cytology, whichever is medically appropriate, and consistent with the current guidelines from either the United States Preventive Services Task Force or The American College of Obstetricians and Gynecologists; and a test for the human papilloma virus (HPV) when medically appropriate and consistent with current guidelines from either the United States Preventive Services Task Force or The American College of Obstetricians and Gynecologists, when performed for cancer screening or diagnostic services on a woman age eighteen or over;

            (2) Annual checkups for prostate cancer in men age fifty and over;

            (3) Annual screening for kidney disease as determined to be medically necessary by a physician using any combination of blood

pressure testing, urine albumin or urine protein testing and serum creatinine testing as recommended by the National Kidney Foundation;

            (4) For plans that include maternity benefits, coverage for inpatient care in a duly licensed health care facility for a mother and her newly born infant for the length of time which the attending physician considers medically necessary for the mother or her newly born child. Provided, That No plan may deny payment for a mother or her newborn child prior to forty-eight hours following a vaginal delivery or prior to ninety-six hours following a caesarean section delivery if the attending physician considers discharge medically inappropriate;

            (5) For plans which provide coverages for post-delivery care to a mother and her newly born child in the home, coverage for inpatient care following childbirth as provided in subdivision (4) of this subsection if inpatient care is determined to be medically necessary by the attending physician. Those These plans may also include, among other things, medicines, medical equipment, prosthetic appliances and any other inpatient and outpatient services and expenses considered appropriate and desirable by the agency; and

            (6) Coverage for treatment of serious mental illness:

            (A) The coverage does not include custodial care, residential care or schooling. For purposes of this section, ‘serious mental illness’ means an illness included in the American Psychiatric Association’s diagnostic and statistical manual of mental disorders, as periodically revised, under the diagnostic categories or subclassifications of: (I) Schizophrenia and other psychotic disorders; (ii) bipolar disorders; (iii) depressive disorders; (iv) substance-related disorders with the exception of caffeine-related disorders and nicotine-related disorders; (v) anxiety disorders; and (vi) anorexia and bulimia. With regard to any a covered individual who has not yet attained the age of nineteen years, ‘serious mental illness’ also includes attention deficit hyperactivity disorder, separation anxiety disorder and conduct disorder.

            (B) Notwithstanding any other provision in this section to the contrary, in the event that the agency can demonstrate if the agency demonstrates that its total costs for the treatment of mental illness for any plan exceeded exceeds two percent of the total costs for such plan in any experience period, then the agency may apply whatever additional cost-containment measures may be necessary including, but not limited to, limitations on inpatient and outpatient benefits, to maintain costs below two percent of the total costs for the plan for the next experience period. in order to maintain costs below two percent of the total costs for the plan for the next experience period. These measures may include, but are not limited to, limitations on inpatient and outpatient benefits.

            (C) The agency shall not discriminate between medical-surgical benefits and mental health benefits in the administration of its plan. With regard to both medical-surgical and mental health benefits, it may make determinations of medical necessity and appropriateness and it may use recognized health care quality and cost management tools including, but not limited to, limitations on inpatient and outpatient benefits, utilization review, implementation of cost-containment measures, preauthorization for certain treatments, setting coverage levels, setting maximum number of visits within certain time periods, using capitated benefit arrangements, using fee-for-service arrangements, using third-party administrators, using provider networks and using patient cost sharing in the form of copayments, deductibles and coinsurance.

            (7) Coverage for general anesthesia for dental procedures and associated outpatient hospital or ambulatory facility charges provided by appropriately licensed health care individuals in conjunction with dental care if the covered person is:

            (A) Seven years of age or younger or is developmentally disabled and is an individual for whom a successful result cannot be expected from dental care provided under local anesthesia because of a physical, intellectual or other medically compromising condition of the individual and for whom a superior result can be expected from dental care provided under general anesthesia;

            (B) A child who is twelve years of age or younger with documented phobias or with documented mental illness and with dental needs of such magnitude that treatment should not be delayed or deferred and for whom lack of treatment can be expected to result in infection, loss of teeth or other increased oral or dental morbidity and for whom a successful result cannot be expected from dental care provided under local anesthesia because of such condition and for whom a superior result can be expected from dental care provided under general anesthesia.

            (8) (A) Any plan issued or renewed on or after January 1, 2012 shall include coverage for diagnosis, evaluation and treatment of autism spectrum disorder in individuals ages eighteen months to eighteen years. To be eligible for coverage and benefits under this subdivision, the individual must be diagnosed with autism spectrum disorder at age eight or younger. Such policy plan shall provide coverage for treatments that are medically necessary and ordered or prescribed by a licensed physician or licensed psychologist and in accordance with a treatment plan developed from a comprehensive evaluation by a certified behavior analyst for an individual diagnosed with autism spectrum disorder.

            (B) The coverage shall include, but not be limited to, applied behavior analysis Applied behavior analysis which shall be provided or supervised by a certified behavior analyst. The annual maximum benefit for applied behavior analysis required by this subdivision shall be in an amount not to exceed $30,000 per individual for three consecutive years from the date treatment commences. At the conclusion of the third year, coverage for applied behavior analysis required by this subdivision shall be in an amount not to exceed $2,000 per month, until the individual reaches eighteen years of age, as long as the treatment is medically necessary and in accordance with a treatment plan developed by a certified behavior analyst pursuant to a comprehensive evaluation or reevaluation of the individual. This subdivision shall not be construed as limiting, replacing or affecting does not limit, replace or affect any obligation to provide services to an individual under the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., as amended from time to time or other publicly funded programs. Nothing in this subdivision shall be construed as requiring requires reimbursement for services provided by public school personnel.

            (C) The certified behavior analyst shall file progress reports with the agency semiannually. In order for treatment to continue, the agency must receive objective evidence or a clinically supportable statement of expectation that:

            (I) The individual’s condition is improving in response to treatment; and

            (ii) A maximum improvement is yet to be attained; and

            (iii) There is an expectation that the anticipated improvement is attainable in a reasonable and generally predictable period of time.

            (D) On or before January 1 each year, the agency shall file an annual report with the Joint Committee on Government and Finance describing its implementation of the coverage provided pursuant to this subdivision. The report shall include, but shall not be limited to, the number of individuals in the plan utilizing the coverage required by this subdivision, the fiscal and administrative impact of the implementation and any recommendations the agency may have as to changes in law or policy related to the coverage provided under this subdivision. In addition, the agency shall provide such other information as may be required by the Joint Committee on Government and Finance as it may from time to time request.

            (E) For purposes of this subdivision, the term:

            (I) ‘Applied Behavior Analysis’ means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences in order to produce socially significant improvement in human behavior including and includes the use of direct observation, measurement and functional analysis of the relationship between environment and behavior.

            (ii) ‘Autism spectrum disorder’ means any pervasive developmental disorder including autistic disorder, Asperger’s Syndrome, Rett Syndrome, childhood disintegrative disorder or Pervasive Development Disorder as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.

            (iii) ‘Certified behavior analyst’ means an individual who is certified by the Behavior Analyst Certification Board or certified by a similar nationally recognized organization.

            (iv) ‘Objective evidence’ means standardized patient assessment instruments, outcome measurements tools or measurable assessments of functional outcome. Use of objective measures at the beginning of treatment, during and after treatment is recommended to quantify progress and support justifications for continued treatment. The tools are not required but their use will enhance the justification for continued treatment.

            (F) To the extent that the application of this subdivision for autism spectrum disorder causes an increase of at least one percent of actual total costs of coverage for the plan year, the agency may apply additional cost containment measures.

            (G) To the extent that the provisions of this subdivision require benefits that exceed the essential health benefits specified under section 1302(b) of the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as amended, the specific benefits that exceed the specified essential health benefits shall not be required of insurance plans offered by the Public Employees Insurance Agency.

            (9) For plans that include maternity benefits, coverage for the same maternity benefits for all individuals participating in or receiving coverage under plans that are issued or renewed on or after January 1, 2014: Provided, That to the extent that the provisions of this subdivision require benefits that exceed the essential health benefits specified under section 1302(b) of the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as amended, the specific benefits that exceed the specified essential health benefits shall not be required of a health benefit plan when the plan is offered in this state.

            (b) The agency shall, with full authorization, make available to each eligible employee, at full cost to the employee, the opportunity to purchase optional group life and accidental death insurance as established under the rules of the agency. In addition, each employee is entitled to have his or her spouse and dependents, as defined by the rules of the agency, included in the optional coverage, at full cost to the employee, for each eligible dependent. and with full authorization to the agency to make the optional coverage available and provide an opportunity of purchase to each employee.

            (c) The finance board may cause to be separately rated for claims experience purposes:

            (1) All employees of the State of West Virginia;

            (2) All teaching and professional employees of state public institutions of higher education and county boards of education;

            (3) All nonteaching employees of the Higher Education Policy Commission, West Virginia Council for Community and Technical College Education and county boards of education; or

            (4) Any other categorization which would ensure the stability of the overall program.

            (d) The agency shall maintain the medical and prescription drug coverage for Medicare eligible retirees by providing coverage through one of the existing plans or by enrolling the Medicare eligible retired employees into a Medicare specific plan, including, but not limited to, the Medicare/Advantage Prescription Drug Plan. In the event that If a Medicare specific plan would no longer be is no longer available or advantageous for the agency and the retirees, the retirees shall remain eligible for coverage through the agency.

CHAPTER 33. INSURANCE.

ARTICLE 15. ACCIDENT AND SICKNESS INSURANCE

§33-15-4k. Maternity coverage.

            Notwithstanding any provision of any policy, provision, contract, plan or agreement applicable to this article, any health insurance policy subject to this article, issued or renewed on or after January 1, 2014, which provides health insurance coverage for maternity services, shall provide coverage for maternity services for all persons participating in or receiving coverage under the policy. To the extent that the provisions of this section require benefits that exceed the essential health benefits specified under section 1302(b) of the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as amended, the specific benefits that exceed the specified essential health benefits are not required of a health benefit plan when the plan is offered by a health care insurer in this state. Coverage required under this section may not be subject to exclusions or limitations which are not applied to other maternity coverage under the policy.

ARTICLE 16. GROUP ACCIDENT AND SICKNESS INSURANCE.

§33-16-3w. Maternity coverage.

            Notwithstanding any provision of any policy, provision, contract, plan or agreement applicable to this article, any health insurance policy subject to this article, issued or renewed on or after January 1, 2014, which provides health insurance coverage for maternity services, shall provide coverage for maternity services for all persons participating in, or receiving coverage under the policy. To the extent that the provisions of this section require benefits that exceed the essential health benefits specified under section 1302(b) of the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as amended, the specific benefits that exceed the specified essential health benefits are not required of a health benefit plan when the plan is offered by a health care insurer in this state. Coverage required under this section may not be subject to exclusions or limitations which are not applied to other maternity coverage under the policy.

ARTICLE 24. HOSPITAL MEDICAL AND DENTAL CORPORATIONS.

§33-24-7l. Maternity coverage.

            Notwithstanding any provision of any policy, provision, contract, plan or agreement applicable to this article, a health insurance policy subject to this article, issued or renewed on or after January 1, 2014, which provides health insurance coverage for maternity services, shall provide coverage for maternity services for all persons participating in, or receiving coverage under the policy. To the extent that the provisions of this section require benefits that exceed the essential health benefits specified under section 1302(b) of the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as amended, the specific benefits that exceed the specified essential health benefits are not required of a health benefit plan when the plan is offered by a health care insurer in this state. Coverage required under this section may not be subject to exclusions or limitations which are not applied to other maternity coverage under the policy.

ARTICLE 25. HEALTH CARE CORPORATION.

§33-25-8i. Maternity coverage.

            Notwithstanding any provision of any policy, provision, contract, plan or agreement applicable to this article, a health insurance policy subject to this article, issued or renewed on or after January 1, 2014, which provides health insurance coverage for maternity services, shall provide coverage for maternity services for all persons participating in, or receiving coverage under the policy. To the extent that the provisions of this section require benefits that exceed the essential health benefits specified under section 1302(b) of the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as amended, the specific benefits that exceed the specified essential health benefits are not required of a health benefit plan when the plan is offered by a health care insurer in this state. Coverage required under this section may not be subject to exclusions or limitations which are not applied to other maternity coverage under the policy.

ARTICLE 25A. HEALTH MAINTENANCE ORGANIZATION ACT.

§33-25A-8k. Maternity coverage.

            Notwithstanding any provision of any policy, provision, contract, plan or agreement applicable to this article, a health insurance policy subject to this article, issued or renewed on or after January 1, 2014, which provides health insurance coverage for maternity services, shall provide coverage for maternity services for all persons participating in, or receiving coverage under the policy. To the extent that the provisions of this section require benefits that exceed the essential health benefits specified under section 1302(b) of the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as amended, the specific benefits that exceed the specified essential health benefits are not required of a health benefit plan when the plan is offered by a health care insurer in this state. Coverage required under this section may not be subject to exclusions or limitations which are not applied to other maternity coverage under the policy.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 74, Relating to jury service qualification; on second reading, coming up in regular order, was read a second time.

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

            “That §52-1-2, §52-1-5a and §52-1-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 1. PETIT JURIES.

§52-1-2. Prohibition of discrimination.

            A citizen may not be excluded from jury service on account of race, color, religion, sex, sexual orientation, national origin, economic status or being a qualified individual with a disability.

§52-1-5a. Jury qualification form; contents; procedure for use; penalties.

            (a) Not less than twenty days before the date for which persons are to report for jury duty, the clerk may, if directed by the court, serve by first-class mail, upon each person listed on the master list, a juror qualification form accompanied by instructions necessary for its completion: Provided, That the clerk may, if directed by the court, mail the juror qualification form to only those prospective jurors drawn for jury service under the provisions of section seven of this article. Each prospective juror shall be directed to complete the form and return it by mail to the clerk within ten days after its receipt. The juror qualification form is subject to approval by the circuit court as to matters of form and shall elicit the following information concerning the prospective juror:

            (1) The juror’s name, sex, race, age and marital status;

            (2) The juror’s level of educational attainment, occupation and place of employment;

            (3) If married, the name of the juror’s spouse and the occupation and place of employment of the spouse;

            (4) The juror’s residence address and the juror’s mailing address if different from the residence address;

            (5) The number of children which the juror has and their ages;

            (6) Whether the juror is a citizen of the United States and a resident of the county;

            (7) Whether the juror is able to read, speak and understand the English language;

            (8) Whether the juror has any physical or mental disability substantially impairing the capacity to render satisfactory jury service: Provided, That a juror with a physical disability, who can with reasonable accommodation render competent service, is eligible for service;

            (9) Whether the juror has, within the preceding two years, been summoned to serve as a petit juror, grand juror or magistrate court juror, and has actually attended sessions of the magistrate or circuit court and been reimbursed for his or her expenses as a juror;

            (10) Whether the juror has lost the right to vote because of a criminal conviction; and

            (11) Whether the juror has been convicted of perjury, false swearing or other infamous offense any crime punishable by imprisonment in excess of one year under the applicable law of this state, another state or the United States.

            The juror qualification form may also request information concerning the prospective juror’s religious preferences and organizational affiliations, except that the form and the accompanying instructions shall clearly inform the juror that this information need not be provided if the juror declines to answer such inquiries.

            (b) The juror qualification form shall contain the prospective juror’s declaration that the responses are true to the best of the prospective juror’s knowledge and an acknowledgment that a willful misrepresentation of a material fact may be punished by a fine of not more than $500 or imprisonment for not more than thirty days, or both fine and imprisonment. Notarization of the juror qualification form shall not be required. If the prospective juror is unable to fill out the form, another person may assist the prospective juror in the preparation of the form and indicate that such person has done so and the reason therefor. If an omission, ambiguity or error appear in a returned form, the clerk shall again send the form with instructions to the prospective juror to make the necessary addition, clarification or correction and to return the form to the clerk within ten days after its second receipt.

            (c) Any prospective juror who fails to return a completed juror qualification form as instructed shall be directed by the clerk to appear forthwith before the clerk to fill out the juror qualification form. At the time of the prospective juror’s appearance for jury service, or at the time of any interview before the court or clerk, any prospective juror may be required to fill out another juror qualification form in the presence of the court or clerk. At that time the prospective juror may be questioned with regard to the responses to questions contained on the form and the grounds for the prospective juror’s excuse or disqualification. Any information thus acquired by the court or clerk shall be noted on the juror qualification form.

            (d) Any person who willfully misrepresents a material fact on a juror qualification form or during any interview described in subsection (c) of this section, for the purpose of avoiding or securing service as a juror, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 or imprisoned not more than thirty days, or both fined and imprisoned.

            (e) Upon the clerks’s receipt of the juror qualification questionnaires of persons selected as prospective petit jurors, he or she shall make the questionnaires of the persons so selected available, upon request, to counsel of record in the trial or trials for which the persons have been selected as prospective jurors.

52-1-8. Disqualification from jury service.

            (a) The court upon request of a prospective juror or on its own initiative, shall determine on the basis of information provided on the juror qualification form or interview with the prospective juror or other competent evidence whether the any prospective juror is disqualified for jury service on the basis of information provided on the juror qualification form or interview with the prospective juror or other competent evidence. The clerk shall enter this determination in the space provided on the juror qualification form and on the alphabetical lists of names drawn from the jury wheel or jury box.

            (b) A prospective juror is disqualified to serve on a jury if the prospective juror:

            (1) Is not a citizen of the United States, at least eighteen years old and a resident of the county;

            (2) Is unable to read, speak and understand the English language. For the purposes of this section, the requirement of speaking and understanding the English language is met by the ability to communicate in American Sign Language or Signed English;

            (3) Is incapable, by reason of substantial physical or mental disability, of rendering satisfactory jury service. but A person claiming this disqualification may be required to submit a physician’s certificate as to the disability and the certifying physician is subject to inquiry by the court at its discretion;

            (4) Has, within the preceding two years, been summoned to serve as a petit juror, grand juror or magistrate court juror and has actually attended sessions of the magistrate or circuit court and been reimbursed for his or her expenses as a juror pursuant to the provisions of section twenty-one of this article, section thirteen, article two of this chapter, or pursuant to an applicable rule or regulation of the Supreme Court of Appeals promulgated pursuant to the provisions of section eight, article five, chapter fifty of this code;

            (5) Has lost the right to vote because of a criminal conviction; or

            (6) Has been convicted of perjury, false swearing or other infamous offense any crime punishable by imprisonment in excess of one year under the applicable law of this state, another state or the United States.

            (c) A prospective juror seventy years of age or older is not disqualified from serving but shall be excused from service by the court upon the juror’s his or her request.

            (d) A prospective grand juror is disqualified to serve on a grand jury if the prospective grand juror he or she is an officeholder under the laws of the United States or of this state except that the term ‘officeholder’ does not include notaries public.

            (e) A person who is physically disabled and can render competent service with reasonable accommodation shall not be is not ineligible to act as juror or and may not be dismissed from a jury panel on the basis of disability alone. Provided, That The circuit judge shall, upon motion by either party or upon his or her own motion, disqualify a disabled juror if the circuit judge finds that the nature of potential evidence in the case including, but not limited to, the type or volume of exhibits or the disabled juror’s ability to evaluate a witness or witnesses, unduly inhibits the disabled juror’s ability to evaluate the potential evidence. For purposes of this section:

            (1) Reasonable accommodation includes, but is not limited to, certified interpreters for the hearing impaired, spokespersons for the speech impaired, real-time court reporting and readers for the visually impaired.

            (2) The court shall administer an oath or affirmation to any person present to facilitate communication for a disabled juror. The substance of such the oath or affirmation shall be that any person present as an accommodation to a disabled juror will not deliberate on his or her own behalf, although present throughout the proceedings, but act only to accurately communicate for and to the disabled juror.

            (f) Nothing in this article shall be construed so as to limit in any way limits a party’s right to preemptory strikes in civil or criminal actions.”

            Extended debate then followed on the amendment, and at the conclusion thereof, the Speaker put the question.

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

            The yeas and nays having been ordered, they were taken (Roll No. 364), and there were--yeas 38, nays 59, absent and not voting 3, with the yeas and absent and not voting being as follows:

            Yeas: Speaker Thompson, Barill, Barrett, Caputo, Craig, Diserio, Ferns, Ferro, Fleischauer, Fragale, Guthrie, Iaquinta, Jones, Lawrence, Longstreth, Manchin, Manypenny, Marshall, McCuskey, Miley, Moore, Morgan, Pasdon, Perdue, L. Phillips, M. Poling, Poore, Raines, Reynolds, Skaff, Skinner, Sponaugle, Staggers, Stephens, Storch, Swartzmiller, Wells and White.

            Absent and Not Voting: Howell, Hunt and J. Nelson.

             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 third reading.

            Com. Sub. for S. B. 101, Clarifying Medical Professional Liability Act applies to nursing homes and their health care providers; 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 seven, section fifteen, line one hundred and three, following the words “July 1, 2013” and the period, by inserting the words “The amendments to this section in 2013 are not in any way intended to modify, change, expand or contract the Medical Professional Liability Act.”

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 103, Creating WV Commuter Rail Access Act; on second reading, coming up in regular order, was read a second time.

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

            “That §29-18-3 and §29-18-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §29-18-24, all to read as follows:

§29-18-3. Definitions.

            As used in this article unless the context clearly requires a different meaning:

            (1) ‘Authority’ means the West Virginia railroad maintenance authority State Rail Authority created by this article, the duties, powers, responsibilities and functions of which are specified in this article.

            (2) ‘Bond’ or ‘railroad maintenance state rail authority bond’ means a revenue bond or rate issued by the railroad maintenance state rail authority to effectuate the intents and purposes of this article.

            (3) ‘Commuter rail’ means a transit mode that is an electric or diesel propelled railway for urban passenger train service consisting of local short distance travel operating between a central city and adjacent suburbs. Service must be operated on a regular basis by or under contract with a transit operator for the purpose of transporting passengers within urbanized areas or between urbanized areas and outlying areas. The rail service, using either locomotive hauled or self-propelled railroad passenger cars, is generally characterized by multitrip tickets, specific station to station fares or railroad employment practices and usually has only one or two stations in the central business district. It does not include heavy rail rapid transit or light rail/streetcar transit service. Intercity rail service is excluded except for that portion of service operated by or under contract with a public transit agency for predominantly commuter services. Only the predominantly commuter service portion of an intercity route is eligible for inclusion when determining commuter rail route miles.

            (4) ‘Heavy rail’ means a transit mode that is an electric railway with the capacity for a heavy volume of traffic. It is characterized by high speed and rapid acceleration passenger rail cars operating singly or in multicar trains on fixed rails, separate rights-of-way from which all other vehicular and foot traffic are excluded, sophisticated signaling and high platform loading.

            (5) ‘Income’ means and includes all money accruing to the authority from any source.

            (6) ‘Light rail’ means a transit mode that typically is an electric railway with a light volume traffic capacity compared to heavy rail. It is characterized by passenger rail cars operating singly or in short, usually two-car, trains, on fixed rails in shared or exclusive rights-of-way, low or high platform loading and vehicle power drawn from an overhead electric line via a trolley or a pantograph.

            (7) ‘Owner’ means and includes all individuals, copartnerships, associations, corporations, companies, transportation companies, public service corporations, the United States or any agency or instrumentality thereof, common carriers by rail and railroad companies having any title or interest in any rail properties authorized to be acquired, leased or used by this article.

            (8) ‘Person’ means individuals, corporations, partnerships or foreign and domestic associations, including railroads.

            (9) ‘Predominantly commuter services’ means that for any given trip segment (i.e., distance between two stations), more than fifty percent of the average daily ridership travels on the train at least three times a week.

            (3) ‘Railroad’ means a common carrier by railroad as defined in section 1(3) of Part I of the Interstate Commerce Act (49 U.S.C. (1) 3).

            (4) ‘Owner’ means and includes all individuals, copartnerships, associations, corporations, companies, transportation companies, public service corporations, the United States or any agency or instrumentality thereof, common carriers by rail and railroad companies having any title or interest in any rail properties authorized to be acquired, leased or used by this article.

            (5) ‘Income’ means and includes all money accruing to the authority from any source.

            (6) ‘Person’ means individuals, corporations, partnerships or foreign and domestic associations, including railroads.

            (7) (10) ‘Rail properties’ means assets or rights owned, leased, or otherwise controlled by a railroad or other person which are used, or useful, in rail transportation service: Provided, That rail properties does not include any properties owned, leased, or otherwise controlled by a railroad not in reorganization, unless it consents to such properties’ inclusion in the particular transaction.

            (8) (11) ‘Rail service’ means both freight and passenger service.

            (12) ‘Railroad’ means a common carrier by railroad as defined in section 1(3) of Part I of the Interstate Commerce Act (49 U.S.C. (1) 3).

            (9) (13) ‘Railroad project’ means the initiation, acquisition, construction, maintenance, repair, equipping or operation of rail properties or rail service, or the provisions of loans or grants to or with government agencies, or to persons for such purposes, by the authority.

§29-18-6. Powers, duties and responsibilities of authority generally.

            The West Virginia State Rail Authority is hereby granted, has and may exercise all powers necessary or appropriate to carry out and effectuate its corporate purpose.

            (a) The authority may:

            (1) Adopt and, from time to time, amend and repeal bylaws necessary and proper for the regulation of its affairs and the conduct of its business and propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement and make effective its powers and duties.

            (2) Adopt an official seal.

            (3) Maintain a principal office and, if necessary, regional suboffices at locations properly designated or provided.

            (4) Sue and be sued in its own name and plead and be impleaded in its own name and particularly to enforce the obligations and covenants made under sections ten, eleven and sixteen of this article. Any actions against the authority shall be brought in the circuit court of Kanawha County. The location of the principal office of the authority shall be determined by the Governor.

            (5) Make loans and grants to governmental agencies and persons for carrying out railroad projects by any governmental agency or person and, in accordance with chapter twenty-nine-a of this code, propose rules for legislative approval and procedures for making such loans and grants.

            (6) Acquire, construct, reconstruct, enlarge, improve, furnish, equip, maintain, repair, operate, lease or rent to or contract for operation by a governmental agency or person, railroad projects and, in accordance with chapter twenty-nine-a of this code, propose legislative rules for the use of these projects.

            (7) Make available the use or services of any railroad project to one or more persons, one or more governmental agencies or any combination thereof.

            (8) Issue Railroad Maintenance State Rail Authority bonds and notes and refunding bonds of the state, payable solely from revenues as provided in section ten of this article unless the bonds are refunded by refunding bonds for the purpose of paying any part of the cost of one or more railroad projects or parts thereof.

            (9) Acquire, by gift or purchase, hold and dispose of real and personal property in the exercise of its powers and the performance of its duties as set forth in this article.

            (10) Acquire in the name of the state, by purchase or otherwise, on terms and in the manner it considers proper, or by the exercise of the right of eminent domain in the manner provided in chapter fifty-four of this code, rail properties and appurtenant rights and interests necessary for carrying out railroad projects.

            (11) (A) Make and enter into all contracts and agreements and execute all instruments necessary or incidental to the performance of its duties and the execution of its powers including, but not limited to, the power to make contracts and agreements in accordance with the provisions set forth in paragraph (B) of this subdivision.

            (B) Make and enter into contracts and agreements to acquire rolling stock or equipment with a value of $500,000 or less exempt from the provisions of article three, chapter five-a of this code.

            The authority shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code which set forth the methods for determining value of rolling stock or equipment to be purchased in accordance with the provisions of paragraph (B) of this subdivision.

            (C) Where rolling stock, equipment or trackage of the authority is in need of immediate maintenance, repair or reconstruction in order to avoid a cessation of its operations, economic loss, the inability to provide essential service to customers or danger to authority personnel or the public, the following requirements and procedures for entering into the contract or agreement to remedy the condition shall be in lieu of those provided in article three, chapter five-a of this code or any legislative rule promulgated pursuant thereto:

            (i) If the cost under the contract or agreement involves an expenditure of more than $1,000, but $10,000 or less, the authority shall award the contract to or enter into the agreement with the lowest responsible bidder based upon at least three oral bids made pursuant to the requirements of the contract or agreement.

            (ii) If the cost under the contract or agreement, other than one for compensation for personal services, involves an expenditure of more than $10,000, but $100,000 or less, the authority shall award the contract to or enter into the agreement with the lowest responsible bidder based upon at least three bids, submitted to the authority in writing on letterhead stationery, made pursuant to the requirements of the contract or agreement.

            (D) Notwithstanding any other provision of this code to the contrary, a contract or lease for the operation of a railroad project constructed and owned by the authority or an agreement for cooperation in the acquisition or construction of a railroad project pursuant to section sixteen of this article is not subject to the provisions of article three, chapter five-a of this code or any legislative rule promulgated pursuant thereto and the authority may enter into the contract or lease or the agreement pursuant to negotiation and upon such terms and conditions and for a period of time as it finds to be reasonable and proper under the circumstances and in the best interests of proper operation or of efficient acquisition or construction of the railroad project.

            (E) The authority may reject any and all bids. A bond with good and sufficient surety, approved by the authority, is required of all contractors in an amount equal to at least fifty percent of the contract price, conditioned upon the faithful performance of the contract.

            (12) Appoint a director and employ managers, superintendents and other employees and retain or contract with consulting engineers, financial consultants, accountants, attorneys and other consultants and independent contractors as are necessary in its judgment to carry out the provisions of this article and fix the compensation or fees thereof. All expenses thereof are payable from the proceeds of Railroad Maintenance State Rail Authority revenue bonds or notes issued by the authority, from revenues and funds appropriated for this purpose by the Legislature or from grants from the federal government which may be used for such purpose.

            (13) Receive and accept from any state or federal agency grants for or in aid of the construction of any railroad project or for research and development with respect to railroads and receive and accept aid or contributions from any source of money, property, labor or other things of value, to be held, used and applied only for the purposes for which the grants and contributions are made.

            (14) Engage in research and development with respect to railroads.

            (15) Purchase fire and extended coverage and liability insurance for any railroad project and for the principal office and suboffices of the authority, insurance protecting the authority and its officers and employees against liability, if any, for damage to property or injury to or death of persons arising from its operations and be a member of, and to participate in, the state workers’ compensation program.

            (16) Charge, alter and collect rates, rentals and other charges for the use or services of any railroad project as provided in this article.

            (17) Do all acts necessary and proper to carry out the powers expressly granted to the authority in this article.

            (b) In addition, the authority has the power to:

            (1) Acquire rail properties both within and not within the jurisdiction of the Interstate Commerce Commission and rail properties within the purview of the federal Regional Rail Reorganization Act of 1973, any amendments to it and any other relevant federal legislation.

            (2) Enter into agreements with owners of rail properties for the acquisition of rail properties or use, or both, of rail properties upon the terms, conditions, rates or rentals that can best effectuate the purposes of this article.

            (3) Acquire rail properties and other property of a railroad in concert with another state or states as is necessary to ensure continued rail service in this state.

            (4) Administer and coordinate the state plan.

            (5) Provide in the state plan for the equitable distribution of federal rail service continuation subsidies among state, local and regional transportation authorities.

            (6) Promote, supervise and support safe, adequate and efficient rail services.

            (7) Employ sufficiently trained and qualified personnel for these purposes.

            (8) Maintain adequate programs of investigation, research, promotion and development in connection with the purposes and to provide for public participation therein.

            (9) Provide satisfactory assurances on behalf of the state that fiscal control and fund accounting procedures will be adopted by the state necessary to assure proper disbursement of and accounting for federal funds paid to the state as rail service continuation subsidies.

            (10) Comply with the regulations of the Secretary of Transportation of the United States Department of Transportation affecting federal rail service continuation programs.

            (11) Do all things otherwise necessary to maximize federal assistance to the state under Title IV of the federal Regional Rail Reorganization Act of 1973 and to qualify for rail service continuation subsidies pursuant to the federal Regional Rail Reorganization Act of 1973.

            (c) Additional authority in regard to the Maryland Area Regional Commuter.

            (1) The Rail Authority is hereby granted, has and may exercise all aforementioned powers necessary or appropriate to coordinate all activities with the Maryland Transit Administration to assure the continued operation of the Maryland Area Regional Commuter into the eastern panhandle of the state.

            (2) In addition to the authority provided in subdivision (1) of this subsection, the Rail Authority shall negotiate agreements with the State of Maryland or the Maryland Transit Administration for the continued operation of the commuter rail operation between Maryland and the Washington D.C. metropolitan area and West Virginia. A commuter rail operation agreement shall provide for quantity and quality of commuter rail service, including certain minimum daily service at least equivalent to the level service on the effective date of the amendments to this subsection enacted in the Regular Session of the Legislature 2013, unless daily ridership diminishes significantly from said date. The agreement may provide for the payment of track access fees attributed to commuter rail operation within the boundaries of the State. Any payments of track access fees pursuant to the agreement shall be paid from the special fund created in section twenty-four of this article as provided by appropriation of the Legislature.

§29-18-24. Creation of the West Virginia Commuter Rail Access Fund.

            There is hereby established a special fund in the State Treasury known as the ‘West Virginia Commuter Rail Access Fund.’ The fund shall be administered by the Director and shall consist of appropriations by the Legislature. Subject to Legislative appropriation, the Director shall administer the fund to pay track access fees pursuant to the agreement required by section six of this article. Balances in the fund at the end of any fiscal year shall not expire, but shall be expended for those purposes in ensuing fiscal years.

            The bill was then ordered to third reading.

            S. B. 125, Permitting Monongalia County Commission to levy special district excise tax; 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 nine, line sixty, following the word “Town”, by striking out the word “Center” and inserting in lieu thereof the word “Centre”.

            The bill was then read a third time.

            Com. Sub. for S. B. 146, Collecting unpaid magistrate court charges through income tax refund withholding; 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:

ARTICLE 3. COSTS, FINES AND RECORDS.

§50-3-2c. Withholding from personal income tax refunds for unpaid fines and costs in magistrate criminal actions, in magistrate criminal appeals to circuit court and for failure to appear in court.

            (a) If costs, fines, fees, forfeitures, restitution or penalties imposed by the magistrate court upon conviction of a person for a criminal offense as defined by this code, imposed by the circuit court upon judgment on an appeal to circuit court of that conviction, or imposed by either court for failure to appear are not paid in full within one year of the judgment, the magistrate court clerk or, upon a judgment rendered on appeal, the circuit clerk shall notify the Tax Commissioner that the defendant has failed to pay the costs, fines, forfeitures or penalties assessed by the court. The notice provided by the magistrate clerk or the circuit clerk to the Tax Commissioner must include the defendant’s Social Security number. The Tax Commissioner, or his or her designee, shall withhold from any personal income tax refund due and owing to a defendant the costs, fines, fees, forfeitures, restitution or penalties due, the Tax Commissioner’s administration fee for the withholding and any and all fees or other amounts that the magistrate court and the circuit court would have collected had the defendant appeared: Provided, That no withholding shall be made under this section if there is an unsatisfied withholding request made pursuant to section two-b, article ten, chapter eight of this code. The Tax Commissioner’s administration fee shall not exceed $25, unless this maximum amount is increased by legislative rule promulgated in accordance with article three, chapter twenty-nine-a of this code. The administrative fees deducted shall be deposited in the special revolving fund hereby created in the State Treasury, which shall be designated as the Magistrate Fines and Fees Collection Fund, and the Tax Commissioner shall make such expenditures from the fund as he or she deems appropriate for the administration of this subsection.

            (b)(1) After deduction of the Tax Commissioner’s administration fee, the Tax Commissioner shall remit all remaining amounts withheld pursuant to this section to the clerk of the court that notified the Tax Commissioner of the failure to pay under subsection (a) of this section.

            (2) From the amounts received from the Tax Commissioner, the circuit clerk shall distribute the portion thereof that is attributable to costs, fines, fees, forfeitures, restitution or penalties owed to magistrate court to the magistrate clerk and distribute the remainder that is attributable to costs, fines, fees, forfeitures, restitution or penalties owed to circuit court to the appropriate fund or payee, as applicable and listed in section twenty-eight-a, article one, chapter fifty-nine of this code and as otherwise required by law.

            (3) From the amounts received from the Tax Commissioner, or from the circuit clerk under subdivision (2) of this subsection, the magistrate clerk shall distribute applicable costs, fines, fees, forfeitures, restitution or penalties owed to the appropriate fund or payee, as applicable and listed in subsection (g), section two-a of this article and as otherwise required by law.

            (4) After the costs, fines, fees, forfeitures, restitution or penalties are withheld, the Tax Commissioner shall refund any remaining balance due the defendant.

            (5) If the refund is not sufficient to cover all the costs, fines, fees, forfeitures, restitution or penalties to be withheld pursuant to this section, the Tax Commissioner’s administration fee shall be retained by the Tax Commissioner and the remaining money withheld shall be remitted by the Tax Commissioner to the appropriate clerk. The clerk shall then allocate the money so remitted on a pro rata basis as provided in the applicable provisions of subdivisions (2) or (3) of this subsection.

            (c) In the event the costs, fines, fees, forfeitures, restitution or penalties exceed the defendant’s income tax refund, the Tax Commissioner shall withhold the remaining balance in subsequent years until such time as the costs, fines, fees, forfeitures, restitution or penalties owed are paid in full. The Tax Commissioner shall remit the moneys that he or she collects to the appropriate clerk no later than July 1 of each year. If the circuit court or the magistrate court subsequently determines that any costs, fines, fees, forfeitures, restitution or penalties were erroneously imposed, the clerk of the court shall promptly notify the Tax Commissioner. If the amounts due are paid in full to the court from a source other than the Tax Commissioner after the clerk of the court has provided notice of the failure to pay to the tax commissioner, the clerk of the court shall promptly notify the Tax Commissioner of the payment. If the refunds have not been withheld and remitted, the Tax Commissioner may not withhold and remit payment to the appropriate court and shall so inform the clerk of the court. If the refunds have already been withheld and remitted to the court, the Tax Commissioner shall so inform the clerk of the court. In either event, all refunds for erroneously imposed costs, fines, forfeitures or penalties shall be made by the appropriate court and not by the Tax Commissioner.

            (d) Rules. – The Tax Commissioner may propose for legislative approval such rules as may be useful or necessary to carry out the purpose of this section and to implement the intent of the Legislature. Rules shall be promulgated in accordance with article three, chapter twenty-nine-a of this code.”

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 172, Relating to nonintoxicating beer distributor licensees; on second reading, coming up in regular order, was read a second time.

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

ARTICLE 16. NONINTOXICATING BEER.

§11-16-3. Definitions.

            For the purpose of this article, except where the context clearly requires differently:

            (1) ‘Brewer’ or ‘manufacturer’ means any person, firm, association, partnership or corporation manufacturing, brewing, mixing, concocting, blending, bottling or otherwise producing or importing or transshipping from a foreign country nonintoxicating beer or nonintoxicating craft beer for sale at wholesale to any licensed distributor.

            (2) ‘Brewpub’ means a place of manufacture of nonintoxicating beer owned by a resident brewer, subject to federal and state regulations and guidelines, a portion of which premises are designated for retail sales of nonintoxicating beer or nonintoxicating craft beer by the resident brewer owning the brewpub.

            (3) ‘Class A retail license’ means a retail license permitting the retail sale of liquor at a freestanding liquor retail outlet licensed pursuant to chapter sixty of this code.

            (4) ‘Commissioner’ means the West Virginia Alcohol Beverage Control Commissioner.

            (5) ‘Distributor’ means and includes any person jobbing or distributing nonintoxicating beer or nonintoxicating craft beer to retailers at wholesale and whose warehouse and chief place of business shall be within this state. For purposes of a distributor only, the term ‘person’ means and includes an individual, firm, trust, partnership, limited partnership, limited liability company, association or corporation. Any trust licensed as a distributor or any trust that is an owner of a distributor licensee, and the trustee or other persons in active control of the activities of the trust relating to the distributor license, is liable for acts of the trust or its beneficiaries relating to the distributor license that are unlawful acts or violations of article eleven of this chapter notwithstanding the liability of trustees in article ten, chapter forty-four-d of this code.

            (6) ‘Freestanding liquor retail outlet’ means a retail outlet that sells only liquor, beer, nonintoxicating beer and other alcohol-related products, as defined pursuant to section four, article three-a, chapter sixty of this code.

            (7) ‘Growler’ means a glass container or jug, capable of being securely sealed, utilized by a brewpub for purposes of off-premise sales of nonintoxicating beer or nonintoxicating craft beer for personal consumption not on a licensed premise and not for resale.

            (7) (8) ‘Nonintoxicating beer’ means all natural cereal malt beverages or products of the brewing industry commonly referred to as beer, lager beer, ale and all other mixtures and preparations produced by the brewing industry, including malt coolers and nonintoxicating craft beers with no caffeine infusion or any additives masking or altering the alcohol effect containing at least one half of one percent alcohol by volume, but not more than nine and six-tenths of alcohol by weight, or twelve percent by volume, whichever is greater. all of which are hereby declared to be nonintoxicating and The word ‘liquor’ as used in chapter sixty of this code shall not be construed to does not include or embrace nonintoxicating beer nor any of the beverages, products, mixtures or preparations included within this definition.

            (8) (9) ‘Nonintoxicating beer sampling event’ means an event approved by the commissioner for a Class A retail Licensee to hold a nonintoxicating beer sampling authorized pursuant to section eleven-a of this article.

            (9) (10) ‘Nonintoxicating beer sampling day’ means any days and hours of the week where Class A retail licensees may sell nonintoxicating beer pursuant to sub-section (a)(1), section eighteen of this article, and is approved, in writing, by the commissioner to conduct a nonintoxicating beer sampling event.

            (10) (11) ‘Nonintoxicating craft beer’ means any beverage obtained by the natural fermentation of barley, malt, hops or any other similar product or substitute and containing not less than one half of one percent by volume and not more than twelve percent alcohol by volume or nine and six-tenths percent alcohol by weight with no caffeine infusion or any additives masking or altering the alcohol effect.

            (11) (12) ‘Original container’ means the container used by the brewer at the place of manufacturing, bottling or otherwise producing nonintoxicating beer for sale at wholesale.

            (12) (13) ‘Person’ means and includes an individual, firm, partnership, limited partnership, limited liability company, association or corporation.

            (13) (14) ‘Resident brewer’ means any person, firm, association, partnership, or corporation brewer or manufacturer of not more than 10,000 gallons annually per year of nonintoxicating beer or nonintoxicating craft beer whose principal place of business and manufacture is located within the State of West Virginia.

            (14) (15) ‘Retailer’ means any person selling, serving, or otherwise dispensing nonintoxicating beer and all products regulated by this article, including, but not limited to, any malt cooler, malt coolers at his or her established and licensed place of business.

            (15) (16) ‘Tax Commissioner’ means the Tax Commissioner of the State of West Virginia or the commissioner’s designee.

§11-16-8. Form of application for license; fee and bond; refusal of license.

            (a) A license may be issued by the commissioner to any person who submits an application, therefore, accompanied by a license fee and, where required, a bond, stating and states under oath:

            (1) The name and residence of the applicant, the duration of such residency, that the applicant has been a resident of the state for a period of two years next preceding the date of the application and that the applicant is twenty-one years of age. If the applicant is a firm, association, partnership, limited partnership, limited liability company or corporation, the application shall include the residence of the members or officers for a period of two years next preceding the date of such application. Provided, That if any If a person, firm, partnership, limited partnership, association or corporation limited liability company, association, corporation or trust applies for a license as a distributor, such person, or in the case of a firm, partnership, limited partnership, or association, the members or officers thereof limited liability company, association or trust, the members, officers, trustees or other persons in active control of the activities of the limited liability company, association or trust relating to the license, shall state under oath that each has been a bona fide resident of the state for four years preceding the date of such application. If the applicant is a trust or has a trust as an owner, the trustees or other persons in active control of the activities of the trust relating to the license shall provide a certification of trust as described in section one-thousand-thirteen, article ten, chapter forty-four-d of this code. This certification of trust shall include the excerpts described in subsection (e), section one-thousand-thirteen, article ten, chapter forty-four-d of this code and shall further state, under oath, the names, addresses, Social Security numbers and birth dates of the beneficiaries of the trust and certify that the trustee and beneficiaries are twenty-one years of age or older. If a beneficiary is not twenty-one years of age, the certification of trust must state that such beneficiary’s interest in the trust is represented by a trustee, parent or legal guardian who is twenty-one years of age and who will direct all actions on behalf of such beneficiary related to the trust with respect to the distributor until the beneficiary is twenty-one years of age. Any beneficiary who is not twenty-one years of age or older shall have his or her trustee, parent or legal guardian include in the certification of trust and state under oath his or her name, address, Social Security number and birth date.

            (2) The place of birth of applicant, that he or she is a citizen of the United States and of good moral character and, if a naturalized citizen, when and where naturalized. and, If the applicant is a corporation organized or authorized to do business under the laws of the state, the application must state when and where incorporated, with the name and address of each officer and that each officer is a citizen of the United States and a person of good moral character. and if a firm, association, partnership or limited partnership, If the applicant is a firm, association, limited liability company, partnership, limited partnership, trust or has a trust as an owner, the application shall provide the place of birth of each member of the firm, association, partnership or limited partnership and that each member limited liability company, partnership or limited partnership and of the trustees, beneficiaries or other persons in active control of the activities of the trust relating to the license and that each member or trustee, beneficiary or other persons in active control of the activities of the trust relating to the license is a citizen of the United States and if a naturalized citizen, when and where naturalized, each of whom must qualify and sign the application. Provided, That The requirements as to residence shall do not apply to the officers of a corporation which shall apply applying for a retailer’s license but the officers, agent or employee who shall manage and be in charge manages and is in charge of the licensed premises shall possess all of the qualifications required of an individual applicant for a retailer’s license including the requirement as to residence;

            (3) The particular place for which the license is desired and a detailed description thereof;

            (4) The name of the owner of the building and, if the owner is not the applicant, that such the applicant is the actual and bona fide lessee of the premises;

            (5) That the place or building in which is proposed to do business conforms to all applicable laws of health, fire and zoning regulations applicable thereto, and is a safe and proper place or building and is not within three hundred feet of any a school or church measured from front door to front door, along the street or streets. Provided, That This requirement shall does not apply to a Class B license or to any a place now occupied by a beer licensee so long as it is continuously so occupied. Provided, however, That The prohibition against locating any such a proposed business in a place or building within three hundred feet of any a school shall does not apply to any a college or university that has notified the commissioner, in writing, that it has no objection to the location of any such a proposed business in a place or building within three hundred feet of such the college or university;

            (6) That the applicant is not incarcerated and has not during the five years immediately preceding the date of said application been convicted of a felony;

            (7) That the applicant is the only person in any manner pecuniarily interested in the business so asked to be licensed and that no other person shall be is in any manner pecuniarily interested therein during the continuance of the license; and

            (8) That the applicant has not during five years next immediately preceding the date of said the application had a nonintoxicating beer license revoked.

            (b) In the case of an applicant that is trust or has a trust as an owner, a distributor license may be issued only upon submission by the trustees or other persons in active control of the activities of the trust relating to the distributor license of a true and correct copy of the written trust instrument to the commissioner for his or her review. Notwithstanding any provision of law to the contrary, the copy of the written trust instrument submitted to the commissioner pursuant to this section is confidential and is not a public record and is not available for release pursuant to the West Virginia Freedom of Information Act codified in chapter twenty-nine-b, article one of this code.

(c) The provisions and requirements of subsection (a) of this section are mandatory prerequisites for the issuance, and in the event if any applicant fails to qualify under the same, the license shall be refused. In addition to the information furnished in any application, the commissioner may make such additional and independent investigation of each applicant and of the place to be occupied as deemed necessary or advisable and, for this reason, each and all applications, with license fee and bond, must be filed thirty days prior to the beginning of any fiscal year. and If the application is for an unexpired portion of any a fiscal year, the issuance of license may be withheld for such reasonable time as necessary for investigation.

            (c) (d) The commissioner may refuse a license to any applicant under the provisions of this article if the commissioner shall be is of the opinion:

            (1) That the applicant is not a suitable person to be licensed;

            (2) That the place to be occupied by the applicant is not a suitable place or is within three hundred feet of any school or church measured from front door to front door along the street or streets. Provided, That This requirement shall does not apply to a Class B licensee or to any a place now occupied by a beer licensee so long as it is continuously so occupied. Provided, however, That The prohibition against locating any such place to be occupied by an applicant within three hundred feet of any a school shall does not apply to any a college or university that has notified the commissioner, in writing, that it has no objection to the location of any such place within three hundred feet; of such college or university; or

            (3) That the license should not be issued for reason of conduct declared to be unlawful by this article.”

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

            Com. Sub. for S. B. 185, Relating to alternative-fuel motor vehicles and qualified refueling infrastructure tax credits; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            S. B. 190, Relating to public-private transportation projects funding; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 335, Permitting certain hospitals exemption from certificate of need; 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, amending the bill on page ten, section 4(c) subdivision one, line one hundred sixty-nine, by striking out subdivision “(1)” in its entirety and inserting in lieu thereof the following:

            “(1) (A) The ambulatory health care facility is located in the same county as the hospital; or

            (B) The ambulatory health care facility is located in the same zip code as the hospital, and the hospital is the only hospital in the county, the hospital is located less than one-half mile from the county line in which it is located and the hospital is located less than one mile from a state bordering West Virginia” and a semicolon.

**    On motion of Delegate Morgan the amendment was amended in subparagraph (B) after the words “zip code as the hospital, and”, by inserting the words “the hospital is located in a zip code that crosses a county line” and a comma.

            The Government Organization Committee amendment as amended was then adopted.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 336, Relating to interscholastic athletics concussions and head injuries; 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 section, designated §18-2-25a, to read as follows:

CHAPTER 18. EDUCATION.

ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-25a. Management of concussions and head injuries in athletics at West Virginia Secondary School Activities Commission member high school or middle school.

            (a) The Legislature makes the following findings:

            (1) Concussions are one of the most commonly reported injuries in children and adolescents who participate in sports and recreational activities. The Centers for Disease Control and Prevention estimates that as many as 3.9 million sports-related and recreation-related concussions occur in the United States each year;

            (2) A concussion is caused by a blow or motion to the head or body that causes the brain to move rapidly inside the skull. The risk of catastrophic injuries or death is significant when a concussion or head injury is not properly evaluated and managed;

            (3) Concussions are a type of brain injury that can range from mild to severe and can disrupt the way the brain normally functions;

            (4) Concussions can occur in any organized or unorganized sport or recreational activity and can result from a fall or from players colliding with each other or with obstacles;

            (5) Concussions occur with or without loss of consciousness, but the vast majority occur without loss of consciousness;

            (6) The interscholastic athlete who continues to play or practice with a concussion or symptoms of head injury is especially vulnerable to greater injury and even death; and

            (7) Even with generally recognized return-to-play-and-practice standards for concussion and head injury, some affected interscholastic athletes are prematurely returned to play or practice resulting in increased risk of physical injury or death to the athletes in the State of West Virginia.

            (b) For the purposes of this section, ‘interscholastic athlete’ means any athlete who is participating in interscholastic athletics at a high school or middle school that is a member of the West Virginia Secondary School Activities Commission. ‘Licensed health care professional’ means a health care provider whose licensed scope of practice includes the ability to diagnose and treat an injury or disease.

            (c) The West Virginia Secondary School Activities Commission shall promulgate rules pursuant to section twenty-five of this article that address concussions and head injuries in interscholastic athletes: Provided, That prior to state board approval and notwithstanding the exemption provided in section three, article one, chapter twenty-nine-a of this code, the state board shall submit the rule to the Legislative Oversight Commission on Education Accountability pursuant to section nine, article three-b, chapter twenty-nine-a of this code.

            (d) The rules required by this section shall include, but are not limited to, the following:

            (1) Guidelines and other pertinent information to inform and educate appropriate school administrators, coaches, interscholastic athletes and their parents or guardians of the nature and risk of concussion and head injury including the risks of continuing to play or practice after a concussion or head injury;

            (2) A concussion and head injury information sheet that shall be signed and returned by the interscholastic athlete and the athlete’s parent or guardian on an annual basis before the interscholastic athlete begins practice or competition;

            (3) A requirement that each head coach of an interscholastic sport at a high school or middle school who is a member of the West Virginia Secondary School Activities Commission complete a commission-approved concussion and head injury recognition and return-to-play protocol course annually;

            (4) A requirement that an interscholastic athlete who is suspected by a licensed health care professional or by his or her head coach or athletic trainer of having sustained a concussion or head injury in a practice or game shall be removed from competition at that time;

            (5) A requirement that an interscholastic athlete who has been removed from play or practice may not return to play or practice until the athlete is evaluated by a licensed health care professional trained in the evaluation and management of concussions and receives written clearance to return to play and practice from the licensed health care professional;

            (6) A list of the respective categories of licensed health care professionals who, if properly trained in the evaluation and management of concussions, are authorized to provide written clearance for the interscholastic athlete to return to play; and

            (7) A requirement that all member schools must submit a report to the West Virginia Secondary School Activities Commission within thirty days of an interscholastic athlete suffering or being suspected of suffering a concussion or head injury in a practice or game. The report must state whether an evaluation by a licensed health care professional verified that a concussion or head injury was actually suffered, whether the athlete received written clearance to return to play or practice and, if written clearance was given, the number of days between the incident and the actual return to play or practice. If written clearance to return to play is given after thirty days of the incident, a report update shall be submitted. The West Virginia Secondary School Activities Commission shall compile and submit the reports to the appropriate state and national organization or agencies to analyze and make determinations on whether the rule required by this section needs to be amended or if equipment worn by interscholastic athlete needs to be changed accordingly.”

            The bill was then ordered to third reading.

            S. B. 394, Relating to scholarships for dependent children of state troopers who die in performance of duty; on second reading, coming up in regular order, was read a second time.

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

            “That §5-10-27 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §7-14D-20 of said code be amended and reenacted; that §8-22A-22 of said code be amended and reenacted; that §15-2-33 of said code be amended and reenacted; and that §15-2A-12 of said code be amended and reenacted, all to read as follows:

ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.

§5-10-27. Preretirement death annuities.

            (a) (1) Except as otherwise provided in this section, in the event any member who has ten or more years of credited service or any former member with ten or more years of credited service and who is entitled to a deferred annuity, pursuant to section twenty-one of this article, may at any time prior to the effective date of his or her retirement, by written declaration duly executed and filed with the board of trustees, in the same manner as if he or she were then retiring from the employ of a participating public employer, elect option A provided in section twenty-four of this article and nominate a beneficiary whom the board finds to have had an insurable interest in the life of the member. Prior to the effective date of his or her retirement, a member may revoke his or her election of option A and nomination of beneficiary and he or she may again prior to his or her retirement elect option A and nominate a beneficiary as provided in this subsection. Upon the death of a member who has an option A election in force, his or her beneficiary, if living, shall immediately receive an annuity computed in the same manner in all respects as if the same member had retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained age sixty years, and elected the said option A. If at the time of his or her retirement a member has an option A election in force, his or her election of option A and nomination of beneficiary shall thereafter continue in force. As an alternative to annuity option A, a member or former member may elect to have the preretirement death benefit paid as a return of accumulated contributions in a lump sum amount to any beneficiary or beneficiaries he or she chooses.

            (2) In the event any member or former member, who first became a member of the Public Employees Retirement System after the effective date of amendments made to this section during the 2006 regular legislative session and who has ten or more years of credited service and who is entitled to a deferred annuity, pursuant to section twenty-one of this article: Dies without leaving a surviving spouse; but leaves surviving him or her a child who is financially dependent on the member by virtue of a permanent mental or physical disability upon evidence satisfactory to the board; and has named the disabled child as sole beneficiary, the disabled child shall immediately receive an annuity computed in the same manner in all respects as if the member had: (A) Retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained age sixty or sixty-two years, as the case may be; (B) elected option A provided in section twenty-four of this article; and (C) nominated his or her disabled child as beneficiary. A member or former member with ten or more years of credited service, who does not leave surviving him or her a spouse or a disabled child, may elect to have the preretirement death benefit paid as a return of accumulated contributions in a lump sum amount to any beneficiary or beneficiaries he or she chooses.

            (b)(1) In the event any member who has ten or more years of credited service, or any former member with ten or more years of credited service and who is entitled to a deferred annuity, pursuant to section twenty-one of this article: Dies; and leaves a surviving spouse, the surviving spouse shall immediately receive an annuity computed in the same manner in all respects as if the member had: (A) Retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained age sixty or sixty-two years, as the case may be; (B) elected option A provided in section twenty-four of this article; and (C) nominated his or her surviving spouse as beneficiary. However, the surviving spouse shall have the right to waive the annuity provided in this section: Provided, That he or she executes a valid and notarized waiver on a form provided by the board and that the member or former member attests to the waiver. If the waiver is presented to and accepted by the board, the member or former member, may nominate a beneficiary who has an insurable interest in the member’s or former member’s life. As an alternative to annuity option A, the member or former member may elect to have the preretirement death benefit paid as a return of accumulated contributions in a lump sum amount to any beneficiary or beneficiaries he or she chooses in the event a waiver, as provided in this section, has been presented to and accepted by the board.

            (2) Whenever any member or former member who first became a member of the retirement system after the effective date of the amendments to this section made during the 2006 regular legislative session and who has ten or more years of credited service and who is entitled to a deferred annuity, pursuant to section twenty-one of this article: Dies; and leaves a surviving spouse, the surviving spouse shall immediately receive an annuity computed in the same manner in all respects as if the member had: (A) Retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained age sixty or sixty-two years, as the case may be; (B) elected option A provided in section twenty-four of this article; and (C) nominated his or her surviving spouse as beneficiary. However, the surviving spouse shall have the right to waive the annuity provided in this section: Provided, That he or she executes a valid and notarized waiver on a form provided by the board and that the member or former member attests to the waiver. If the waiver is presented to and accepted by the board, the member or former member may: (1) Elect to have the preretirement death benefit paid in a lump sum amount, rather than annuity option A provided in section twenty-four of this article, as a return of accumulated contributions to any beneficiary or beneficiaries he or she chooses; or (2) may name his or her surviving child, who is financially dependent on the member by virtue of a permanent mental or physical disability, as his or her sole beneficiary to receive an annuity computed in the same manner in all respects as if the member had: (A) Retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained the age of sixty or sixty-two as the case may be; (B) elected option A provided in section twenty-four of this article; and (C) nominated his or her disabled child as beneficiary.

            (c) In the event any member who has ten or more years of credited service or any former member with ten or more years of credited service and who is entitled to a deferred annuity, pursuant to section twenty-one of this article: (1) Dies without leaving surviving him or her a spouse; but (2) leaves surviving him or her an infant child or children; and (3) does not have a beneficiary nominated as provided in subsection (a) of this section, the infant child or children are entitled to an annuity to be calculated as follows: The annuity reserve shall be calculated as though the member had retired as of the date of his or her decease and elected a straight life annuity and the amount of the annuity reserve shall be paid in equal monthly installments to the member’s infant child or children until the child or children attain age twenty-one or sooner marry or become emancipated; however, in no event shall any child or children receive more than $250 per month each. The annuity payments shall be computed as of the date of the death of the member and the amount of the annuity shall remain constant during the period of payment. The annual amount of the annuities payable by this section shall not exceed sixty percent of the deceased member’s final average salary.

            (d) In the event any member or former member does not have ten or more years of credited service, no preretirement death annuity may be authorized, owed or awarded under this section, except as provided in subdivision (4), subsection (a), section fifteen of this article as amended during the 2005 regular session of the Legislature.

            (e) Any person qualified as a surviving dependent child under this section, who is the surviving dependent child of a law enforcement officer who loses his or her life in the performance of duty, in addition to any other benefits due under this or other sections of this article, is entitled to receive a scholarship to be applied to the career development education of that person. This sum, up to but not exceeding $7,500 per year, shall be paid from the fund to any higher education institution in this state, career-technical education provider in this state, or other entity in this state approved by the board, to offset the expenses of tuition, room and board, books, fees or other costs incurred in a course of study at any of those institutions so long as the recipient makes application to the board on an approved form and under rules as provided by the board and maintains scholastic eligibility as defined by the institution or the board. The board may by appropriate rules define age requirements, physical and mental requirements, scholastic eligibility, disbursement methods, institutional qualifications and other requirements as necessary and not inconsistent with this section.

ARTICLE 14D. DEPUTY SHERIFF RETIREMENT SYSTEM ACT.

§7-14D-20. Additional death benefits and scholarships -- Dependent children.

            (a) In addition to the spouse death benefits in sections eighteen and nineteen of this article, the surviving spouse is entitled to receive and there shall be paid to the spouse $100 monthly for each dependent child.

            (b) If the surviving spouse dies or if there is no surviving spouse, the fund shall pay monthly to each dependent child a sum equal to one fourth of the surviving spouse’s entitlement under either section nineteen or twenty of this article. If there is neither a surviving spouse nor a dependent child, the fund shall pay in equal monthly installments to the dependent parents of the deceased member during their joint lifetimes a sum equal to the amount which a surviving spouse, without children, would have received: Provided, That when there is only one dependent parent surviving, that parent is entitled to receive during his or her lifetime one-half the amount which both parents, if living, would have been entitled to receive: Provided, however, That if there is no surviving spouse, dependent child, nor dependent parent of the deceased member the accumulated contributions shall be paid to a named beneficiary or beneficiaries: Provided further, That if there is no surviving spouse, dependent child, nor dependent parent of the deceased member, nor any named beneficiary or beneficiaries then the accumulated contributions shall be paid to the estate of the deceased member.

            (c) Any person qualifying as a dependent child under this section, in addition to any other benefits due under this or other sections of this article, is entitled to receive a scholarship to be applied to the career development education of that person. This sum, up to but not exceeding $6,000 $7,500 per year, shall be paid from the fund to any university or college in this state or to any trade or vocational school higher education institution in this state, career-technical education provider in this state, or other entity in this state approved by the board, to offset the expenses of tuition, room and board, books, fees or other costs incurred in a course of study at any of these institutions so long as the recipient makes application to the board on an approved form and under such rules as the board may provide, and maintains scholastic eligibility as defined by the institution or the board. The board may propose legislative rules for promulgation in accordance with article three, chapter twenty-nine-a of this code which define age requirements, physical and mental requirements, scholastic eligibility, disbursement methods, institutional qualifications and other requirements as necessary and not inconsistent with this section.

§8-22A-22. Additional death benefits and scholarships -- Dependent children.

            (a) Except as provided in subsection (a), section nine of this article, in addition to the spouse death benefits in this article, the surviving spouse is entitled to receive and there shall be paid to the spouse $100 monthly for each dependent child.

            (b) If the surviving spouse dies or if there is no surviving spouse, the fund shall pay monthly to each dependent child a sum equal to one hundred percent of the spouse’s entitlement under this article divided by the number of dependent children. If there is neither a surviving spouse nor a dependent child, the fund shall pay in equal monthly installments to the dependent parents of the deceased member during their joint lifetimes a sum equal to the amount which a surviving spouse, without children, would have received: Provided, That when there is only one dependent parent surviving, that parent is entitled to receive during his or her lifetime one-half the amount which both parents, if living, would have been entitled to receive: Provided, however, That if there is no surviving spouse, dependent child or dependent parent of the deceased member, the accumulated contributions shall be paid to a named beneficiary or beneficiaries: Provided further, That if there is no surviving spouse, dependent child or dependent parent of the deceased member, or any named beneficiary or beneficiaries, then the accumulated contributions shall be paid to the estate of the deceased member.

            (c) Any person qualifying as a dependent child under this section, in addition to any other benefits due under this or other sections of this article, is entitled to receive a scholarship to be applied to the career development education of that person. This sum, up to but not exceeding $6,000 $7,500 per year, shall be paid from the fund to any university or college in this state or to any trade or vocational school higher education institution in this state, career-technical education provider in this state, or other entity in this state approved by the board, to offset the expenses of tuition, room and board, books, fees or other costs incurred in a course of study at any of these institutions so long as the recipient makes application to the board on an approved form and under rules provided by the board and maintains scholastic eligibility as defined by the institution or the board. The board may propose legislative rules for promulgation in accordance with article three, chapter twenty-nine-a of this code which define age requirements, physical and mental requirements, scholastic eligibility, disbursement methods, institutional qualifications and other requirements as necessary and not inconsistent with this section.

ARTICLE 2. WEST VIRGINIA STATE POLICE.

§15-2-33. Awards and benefits to dependents of member when the member dies in performance of duty; to dependents of a duty disability retirant; dependent child scholarship and amount.

            (a) The surviving spouse or the dependent child or children or dependent parent or parents of any member who has lost or loses his or her life by reason of injury, illness or disease resulting from an occupational risk or hazard inherent in or peculiar to the service required of employees while the member was or is engaged in the performance of his or her duties as an employee of the agency, or if a retirant dies from any cause after having been retired pursuant to the provisions of section twenty-nine of this article, the surviving spouse or other dependent is entitled to receive and shall be paid from the fund benefits as follows: To the surviving spouse annually, in equal monthly installments during his or her lifetime the greater of one or the other of two amounts:

            (1) An amount equal to five and one-half percent of the total salary which was or would have been earned by the deceased member or duty disability retirant during twenty-five years of service based on the average earnings of the member or duty disability retirant while employed by the agency; or

            (2) The sum of $6,000.

            (b) In addition, the surviving spouse is entitled to receive and shall be paid $100 monthly for each dependent child or children. If the surviving spouse dies or if there is no surviving spouse, there shall be paid monthly to each dependent child or children from the fund a sum equal to twenty-five percent of the surviving spouse’s entitlement. If there is no surviving spouse and no dependent child or children, there shall be paid annually in equal monthly installments from the fund to the dependent parents of the deceased member or retirant during their joint lifetimes a sum equal to the amount which a surviving spouse, without children, would have received: Provided, That when there is one dependent parent surviving, that parent is entitled to receive during his or her lifetime one half the amount which both parents, if living, would have been entitled to receive.

            (c) Any person qualified as a surviving dependent child under this section, in addition to any other benefits due under this or other sections of this article, is entitled to receive a scholarship to be applied to the career development education of that person. This sum, up to but not exceeding $7,500 per year, shall be paid from the fund to any university or college in this state or to any trade or vocational school higher education institution in this state, career-technical education provider in this state, or other entity in this state approved by the board, to offset the expenses of tuition, room and board, books, fees or other costs incurred in a course of study at any of those institutions so long as the recipient makes application to the board on an approved form and under rules as provided by the board and maintains scholastic eligibility as defined by the institution or the board. The board may by appropriate rules define age requirements, physical and mental requirements, scholastic eligibility, disbursement methods, institutional qualifications and other requirements as necessary and not inconsistent with this section.

            (d) A surviving spouse or dependent of an employee meeting the requirements of this section is entitled to receive beneficiary payments on the first day following the date the deceased employee is removed from payroll by the agency. A surviving spouse or dependent of a member who is not currently an employee meeting the requirements of this section is entitled to receive beneficiary payments on the first day following the date of the deceased member’s death. A surviving spouse or dependent of a retirant meeting the requirements of this section is entitled to receive beneficiary payments on the first day of the month following the date of the deceased retirant’s death. Upon receipt of properly executed forms from the agency and the surviving spouse or dependent, the board shall process the surviving spouse or dependent benefit as soon as administratively feasible.

            (e) For the purposes of this section, the term ‘salary’ does not include any compensation paid for overtime service.

ARTICLE 2A. WEST VIRGINIA STATE POLICE RETIREMENT SYSTEM.

§15-2A-12. Awards and benefits to dependents of employees or retirants - When employee dies in performance of duty, etc.; dependent child scholarship and amount.

            The surviving spouse, the dependent child or children or dependent parent or parents of any employee who has lost or shall lose his or her life by reason of injury, illness or disease resulting from an occupational risk or hazard inherent in or peculiar to the service required of employees while the employee was engaged in the performance of his or her duties as an employee of the agency, or the survivor of a retirant who dies from any cause after having been retired pursuant to the provisions of section nine of this article, is entitled to receive and shall be paid from the fund benefits as follows: To the surviving spouse annually, in equal monthly installments during his or her lifetime, one or the other of two amounts, which shall become payable the first day of the month following the employee’s or retirant’s death and which shall be the greater of:

            (1) An amount equal to nine-tenths of the base salary received in the preceding full twelve-month employment period by the deceased employee: Provided, That if the employee had not been employed with the agency for twelve full months prior to his or her death, the amount of monthly salary shall be annualized for the purpose of determining the benefit; or

            (2) The sum of $10,000.

            In addition, the surviving spouse is entitled to receive and shall be paid $150 monthly for each dependent child. If the surviving spouse dies or if there is no surviving spouse, there shall be paid monthly to each dependent child or children from the fund a sum equal to one third of the surviving spouse’s entitlement. If there is no surviving spouse and no dependent child or children, there shall be paid annually in equal monthly installments from the fund to the dependent parents of the deceased member during their joint lifetimes a sum equal to the amount which a surviving spouse, without children, would have received: Provided, That when there is one dependent parent surviving, that parent is entitled to receive during his or her lifetime one half the amount which both parents, if living, would have been entitled to receive: Provided, however, That if there is no surviving spouse, dependent child or dependent parent of the deceased member, the accumulated contributions shall be paid to a named beneficiary or beneficiaries: Provided further, That if there is no surviving spouse, dependent child, dependent parent of the deceased member or any named beneficiary or beneficiaries, then the accumulated contributions shall be paid to the estate of the deceased member.

            Any person qualifying as a surviving dependent child under this section, in addition to any other benefits due under this or other sections of this article, is entitled to receive a scholarship to be applied to the career development education of that person. This sum, up to but not exceeding $7,500 per year, shall be paid from the fund to any university or college in this state or to any trade or vocational school higher education institution in this state, career-technical education provider in this state, or other entity in this state approved by the board to offset the expenses of tuition, room and board, books, fees or other costs incurred in a course of study at any of these institutions as long as the recipient makes application to the board on an approved form and under rules provided by the board and maintains scholastic eligibility as defined by the institution or the board. The board may by appropriate rules define age requirements, physical and mental requirements, scholastic eligibility, disbursement methods, institutional qualifications and other requirements as necessary and not inconsistent with this section.

            A surviving spouse or dependent of an employee meeting the requirements of this section is entitled to receive beneficiary payments on the first day of the month following the date the deceased member is removed from payroll by the agency. A surviving spouse or dependent of a member who is not currently an employee meeting the requirements of this section is entitled to receive beneficiary payments on the first day of the month following the date of the deceased member’s death. A surviving spouse or dependent of a retirant meeting the requirements of this section is entitled to receive beneficiary payments on the first day of the month following the date of the deceased retirant’s death. Upon receipt of properly executed forms from the agency and surviving spouse or dependent, the board shall process the surviving spouse or dependent benefit as soon as administratively feasible.

            It is the intent of the Legislature that the levels of benefits provided by operation of this section from the effective date of the enactment of this section during the regular session of the Legislature, 2005, be the same levels of benefits as provided by this section as amended and reenacted during the fourth extraordinary session of the Legislature, 2005. Accordingly, the effective date of the operation of this section as amended and reenacted during the fourth extraordinary session of the Legislature, 2005, is expressly made retrospective to April 9, 2005.”

            The bill was then ordered to third reading.

            S. B. 403, Relating to judicial retirement system contribution rates; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 414, Clarifying hunting and fishing license-issuing authorities; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Natural Resources, was reported by the Clerk and adopted, amending the bill on page one by striking out everything after the enacting section and inserting in lieu thereof the following.

ARTICLE 2. WILDLIFE RESOURCES

§20-2-32. Issuance of licenses; duplicate licenses.

            (a) The clerk of the county commission in each county requesting designation, and other persons, designated by the director pursuant to section thirty-three of this article, are shall be license-issuing authorities Each license-issuing authority shall issue authorized to issue a license to a license an applicant if in the opinion of the authority, the license applicant is legally entitled to obtain the license applied for and pays the proper fee.

            (b) All Materials and supplies necessary for the issuance of licenses shall be furnished by the director to each person authorized to issue licenses license-issuing authority as needed.

            (c) Each license shall bear a serial number and shall be signed by the licensee. The issuing license-issuing authority shall keep an accurate record in the form and manner prescribed by the director, of all licenses issued and of all money fees collected as license fees as prescribed by the director.

            (d) Any license-issuing authority may issue a duplicate license to replace a lost, destroyed or damaged license upon receipt of a verified application duly executed by the original license holder licensee and the payment to the issuing authority of a duplicate license fee of $1.”

            The bill was then ordered to third reading.

            S. B. 423, Providing certain convicted persons reduction in sentence; on second reading, coming up in regular order, was read a second time.

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

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

§31-20-5d. Good-time credit.

            (a) Any person convicted of a criminal offense and sentenced to confinement in a regional jail is to be granted reduction of his or her sentence for good conduct in accordance with this section.

            (b) The reduction of sentence or good time is to be deducted from the fixed term of determinate sentences. An inmate under two or more consecutive sentences is allowed good time as if the several sentences, when the maximum terms thereof are added together, were all one sentence.

            (c) Every inmate sentenced to a regional jail for a term of confinement exceeding six months who, in the judgment of the administrator of the regional jail facility, faithfully complies with all rules of the regional jail during his or her term of confinement is entitled to a deduction of five days from each month of his or her sentence. No inmate may be granted any good time under the provisions of this section for time spent on bond or for time served on parole or in any other status in which he or she is not physically incarcerated.

            (d) Each inmate sentenced to a term of confinement in a regional jail facility who participates in a general equivalency diploma program is to be granted three days of good time for the completion of each educational literacy level, as demonstrated by achieving a passing score on standardized tests required by the Department of Education, and ten days of good time for completion of the requirements for a general equivalency diploma or high school diploma.

            (e) Each An inmate sentenced to a term of confinement in a regional jail in excess for a period of six months or more, shall be granted five days of good time for the successful completion for each of any of the following rehabilitation programs: Domestic violence, parenting, substance abuse, life skills, alcohol abuse, and anger management or any special rehabilitation or educational program designated by the executive director. Good time credit pursuant to this subsection is cumulative, however an inmate is eligible for a maximum of thirty days good time shall be granted credit for the successful completion of all six rehabilitation programs authorized by this subsection. The fee for each class is $25 which is due upon enrollment. If an inmate is unable to pay a fee or fees in full at the time of enrollment, it may be paid by deductions from his or her inmate trust account, subject to the provisions of subsection (f), section thirty-one of this article. No more than one half of the amount in the inmate trust account during any one-week period may be so deducted.

            (f) The administrator of a regional jail facility may, with the approval of the Governor, allow extra good time for inmates who perform exceptional work or service.

            (g) The Regional Jail and Correctional Facility Authority shall promulgate disciplinary rules for the regional jail facilities. The rules are to describe prohibited acts, procedures for charging individual inmates for violations of the rules and for determining the guilt or innocence of inmates charged with the violations and sanctions that may be imposed for the violations. For each violation by an inmate, any part or all of the good time that has been granted to the inmate may be forfeited and revoked by the administrator of the regional jail facility. The administrator, when appropriate and with approval of the executive director, may restore any good time forfeited for a violation of the rules promulgated or adopted pursuant to this subsection.

            (h) Each inmate sentenced to a term of confinement in a regional jail in excess of six months shall, within seventy-two hours of being received into a regional jail, be given a copy of the disciplinary rules, a statement setting forth the term or length of his or her sentence or sentences and the time of his or her minimum discharge.”

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 438, Authorizing reorganization of certain community and technical colleges; 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 two, line eighteen, following the words “joining together”, by striking out the word “one” and inserting in lieu thereof the word “two”.

            On page six, section two, line thirty, following the period, by inserting “In the case of the consolidation of Bridgemont Community and Technical College and Kanawha Valley Community and Technical College, “multicampus institution” means the consolidated institution comprised of existing campuses in Montgomery and South Charleston and any other campuses that may be established in the future, in accordance with the Higher Learning Commission standards of accreditation.”

            On page seven, section three, line seven, preceding the period, by inserting a comma, followed by the words “and to continued fulfillment of institutional accreditation requirements”.

            On page eight, section three, line thirty-three, by striking out the words “apportion the appointments as equally as possible among the lay citizen members” and inserting in lieu thereof the words “appoint an equal number of lay citizen members from each”.

            On page eight, section three, line thirty-five, following the period by inserting “One such member serves a one-year term only, after which that membership position is not reappointed.”

            On page nine, section three, line thirty-six, following the subdivision designation “(2)”, by inserting the words “One of the initial appointments is for a term of one year”followed by a comma.

            On page nine, section three, line thirty-eight, following the period, by inserting the following: “(3) Until June 30, 2014, all of the constituent members of the boards of governors of the affected institutions representing faculty, classified employees and students serve as members on the board of governors of the reorganized institution. Beginning July 1, 2014, the constituent members of the reorganized institution are appointed according to the provisions of section one, article two-a of this chapter.”

            On page nine, section three, by striking out lines forty-four through fifty-one, and by redesignating the remaining subsection.

            On page thirteen, section six, by striking out lines one and two in their entirety and inserting in lieu thereof the following:

            “When a consolidated institution is formed:

            (1) The operating budget of each affected institution is integrated”, and by redesignating the remaining paragraphs of the section as numbered subdivisions.

            On page nineteen, section nine, beginning on line one, by inserting a new subsection (a) to read as follows: “(a) When a consolidated institution is formed, the faculty, classified employees and nonclassified employees of the affected institutions become the faculty, classified employees and nonclassified employees of the consolidated institution, subject to the provisions of this article.”, and by redesignating the remaining subsections.

            On page twenty-one, following line thirty-eight, by adding a new section to read as follows:

§18B-3F-10. Transfer of students.

            (a) When a consolidated institution is formed, the students of the affected institutions become the students of the consolidated institution, subject to the provisions of section eight, article one of this chapter.”;

            And,

            On page two, by striking out the enacting section and inserting in lieu thereof the following:

            “That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §18B-3F-1, §18B-3F-2, §18B-3F-3, §18B-3F-4, §18B-3F-5, §18B-3F-6, §18B-3F-7, §18B-3F-8, §18B-3F-9 and §18B-3F-10, all to read as follows” and a colon.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 444, Relating to higher education generally; 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, amending the bill on page one, by striking out everything after the enacting clause, and inserting in lieu thereof the following:

            “That §12-1-12d of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §18B-2A-1 and §18B-2A-3 of said code be amended and reenacted; that §18B-7-11 of said code be amended and reenacted; and that §18B-19-6 of said code be amended and reenacted, all to read as follows:

CHAPTER 12. PUBLIC MONEYS AND SECURITIES.

ARTICLE 1. STATE DEPOSITORIES.

§12-1-12d. Investments by Marshall University and West VirginiaUniversity.

            (a) Notwithstanding any provision of this article to the contrary, the governing boards of Marshall University and West Virginia University each may invest certain funds with its respective nonprofit foundation that has been established to receive contributions exclusively for that university and which exists on January 1, 2005. Any such The investment is subject to the limitations of this section.

            (b) A governing board, through its chief financial officer may enter into agreements, approved as to form by the State Treasurer, for the investment by its foundation of certain funds subject to their administration. Any interest or earnings on the moneys invested is retained by the investing university.

            (c) Moneys of a university that may be invested with its foundation pursuant to this section are those subject to the administrative control of the university that are collected under an act of the Legislature for specific purposes and do not include any funds made available to the university from the State General Revenue Fund or the funds established in sections eighteen or eighteen-a, article twenty-two, chapter twenty-nine of this code. Moneys permitted to be invested under this section may be aggregated in an investment fund for investment purposes.

            (d) Of the moneys authorized for investment by this section, Marshall University and West Virginia University each, respectively, may have invested with its foundation at any time not more than the greater of:

            (1) $18 million for Marshall University and $25 million for West Virginia University; or

            (2) Sixty-five percent of its unrestricted net assets as presented in the statement of net assets for the fiscal year end audited financial reports.

            (3) Notwithstanding subdivisions (1) and (2) of this subsection, with the approval of the Higher Education Policy Commission, Marshall University may increase the amount invested to $30 $60 million and West Virginia University may increase the amount invested to $40 $70 million.

            (e) Investments by foundations that are authorized under this section shall be made in accordance with and subject to the provisions of the Uniform Prudent Investor Act codified as article six-c, chapter forty-four of this code. As part of its fiduciary responsibilities, each governing board shall establish investment policies in accordance with the Uniform Prudent Investor Act for those moneys invested with its foundation. The governing board shall review, establish and modify, if necessary, the investment objectives as incorporated in its investment policies so as to provide for the financial security of the moneys invested with its foundation. The governing boards shall give consideration to the following:

            (1) Preservation of capital;

(2) Diversification;

(3) Risk tolerance;

(4) Rate of return;

(5) Stability;

(6) Turnover;

(7) Liquidity; and

(8) Reasonable cost of fees.

            (f) A governing board shall report annually by December 31 to the Governor and to the Joint Committee on Government and Finance on the performance of investments managed by its foundation pursuant to this section.

            (g) The amendments to this section in the second extraordinary session of the Legislature in 2010 shall apply retroactively so that the authority granted by this section shall be construed as if that authority did not expire on July 1, 2010.

ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.

§18B-2A-1. Findings; composition of boards; terms and qualifications of members; vacancies; eligibility for reappointment.

            (a) Findings. –

            The Legislature finds that the State of West Virginia is served best when the membership of each governing board includes the following:

            (1) The academic expertise and institutional experience of faculty members and a student of the institution governed by the board;

            (2) The technical or professional expertise and institutional experience of a classified employee of the institution governed by the board;

            (3) An awareness and understanding of the issues facing the institution governed by the board; and

            (4) The diverse perspectives that arise from a membership that is balanced in terms of gender and varied in terms of race and ethnic heritage.

            (b) Boards of governors established. –

            A board of governors is continued at each of the following institutions: Bluefield State College, Blue Ridge Community and Technical College, Bridgemont Community and Technical College, Concord University, Eastern West Virginia Community and Technical College, Fairmont State University, Glenville State College, Kanawha Valley Community and Technical College, Mountwest Community and Technical College, Marshall University, New River Community and Technical College, Pierpont Community and Technical College, Shepherd University, Southern West Virginia Community and Technical College, West Liberty University, West Virginia Northern Community and Technical College, the West Virginia School of Osteopathic Medicine, West Virginia State University, West Virginia University and West Virginia University at Parkersburg.

            (c) Board membership. –

            (1) An appointment to fill a vacancy on the board or reappointment of a member who is eligible to serve an additional term is made in accordance with the provisions of this section.

            (2) The Board of Governors for Marshall University consists of sixteen persons. The Board of Governors for West Virginia University consists of seventeen persons. The boards of governors of the other state institutions of higher education consist of twelve persons.

            (3) Each board of governors includes the following members:

            (A) A full-time member of the faculty with the rank of instructor or above duly elected by the faculty of the respective institution;

            (B) A member of the student body in good academic standing, enrolled for college credit work and duly elected by the student body of the respective institution; and

            (C) A member from the institutional classified employees duly elected by the classified employees of the respective institution;

            (4) For the Board of Governors at Marshall University, thirteen lay members appointed by the Governor, by and with the advice and consent of the Senate, pursuant to this section;

            (5) For the Board of Governors at West Virginia University, twelve lay members appointed by the Governor, by and with the advice and consent of the Senate, pursuant to this section, and additionally:

            (A) The Chairperson of the Board of Visitors of West Virginia University Institute of Technology;

            (B) A full-time faculty member representing the extension service at the institution or a full-time faculty member representing the health sciences, selected by the faculty senate.  (6) For each board of governors of the other state institutions of higher education, nine lay members appointed by the Governor, by and with the advice and consent of the Senate, pursuant to this section.

            (A) Of the nine members appointed by the Governor, no more than five may be of the same political party. Of the thirteen members appointed by the Governor to the governing board of Marshall University, no more than eight may be of the same political party. Of the twelve members appointed by the Governor to the governing board of West Virginia University, no more than seven may be of the same political party.

            (B) Of the nine members appointed by the Governor, at least five shall be residents of the state. Of the thirteen members appointed by the Governor to the governing board of Marshall University, at least eight shall be residents of the state. Of the twelve members appointed by the Governor to the governing board of West Virginia University, at least seven shall be residents of the state.

            (7) In making lay appointments, the Governor shall consider the institutional mission and membership characteristics including the following:

            (A) The need for individual skills, knowledge and experience relevant to governing the institution;

            (B) The need for awareness and understanding of institutional problems and priorities, including those related to research, teaching and outreach;

            (C) The value of gender, racial and ethnic diversity; and

            (D) The value of achieving balance in gender and diversity in the racial and ethnic characteristics of the lay membership of each board.

            (d) Board member terms. –

            (1) The student member serves for a term of one year. Each term begins on July 1.

            (2) The faculty member serves for a term of two years. Each term begins on July 1. Faculty members are eligible to succeed themselves for three additional terms, not to exceed a total of eight consecutive years.

            (3) The member representing classified employees serves for a term of two years. Each term begins on July 1. Members representing classified employees are eligible to succeed themselves for three additional terms, not to exceed a total of eight consecutive years.

            (4) The appointed lay citizen members serve terms of up to four years each and are eligible to succeed themselves for no more than one additional term, except that citizen members who are appointed to fill unexpired terms are eligible to succeed themselves for two full terms after completing an unexpired term.

            (5) A vacancy in an unexpired term of a member shall be filled for the unexpired term within thirty days of the occurrence of the vacancy in the same manner as the original appointment or election. Except in the case of a vacancy, all elections are held and all appointments are made no later than June 30 preceding the commencement of the term. Each board of governors shall elect one of its appointed lay members to be chairperson in June of each year. A member may not serve as chairperson for more than four consecutive years.

            (6) The appointed members of the boards of governors serve staggered terms of up to four years except that four of the initial appointments to the governing boards of community and technical colleges that became independent July 1, 2008, are for terms of two years and five of the initial appointments are for terms of four years.

            (e) Board member eligibility, expenses. –

            (1) A person is ineligible for appointment to membership on a board of governors of a state institution of higher education under the following conditions:

            (A) For a baccalaureate institution or university, a person is ineligible for appointment who is an officer, employee or member of any other board of governors; an employee of any institution of higher education; an officer or member of any political party executive committee; the holder of any other public office or public employment under the government of this state or any of its political subdivisions; an employee of any affiliated research corporation created pursuant to article twelve of this chapter; an employee of any affiliated foundation organized and operated in support of one or more state institutions of higher education; or a member of the council or commission. This subsection does not prevent the representative from the faculty, classified employees, students or the superintendent of a county board of education from being members of the governing boards.

            (B) For a community and technical college, a person is ineligible for appointment who is an officer, employee or member of any other board of governors; a member of a board of visitors of any public institution of higher education; an employee of any institution of higher education; an officer or member of any political party executive committee; the holder of any other public office, other than an elected county office, or public employment, other than employment by the county board of education, under the government of this state or any of its political subdivisions; an employee of any affiliated research corporation created pursuant to article twelve of this chapter; an employee of any affiliated foundation organized and operated in support of one or more state institutions of higher education; or a member of the council or commission. This subsection does not prevent the representative from the faculty, classified employees or students from being members of the governing boards.

            (2) Before exercising any authority or performing any duties as a member of a governing board, each member shall qualify as such by taking and subscribing to the oath of office prescribed by section five, article IV of the Constitution of West Virginia and the certificate thereof shall be filed with the Secretary of State.

            (3) A member of a governing board appointed by the Governor may not be removed from office by the Governor except for official misconduct, incompetence, neglect of duty or gross immorality and then only in the manner prescribed by law for the removal of the state elective officers by the Governor.

            (4) The members of the board of governors serve without compensation, but are reimbursed for all reasonable and necessary expenses actually incurred in the performance of official duties under this article upon presentation of an itemized sworn statement of expenses.

            (5) The president of the institution shall make available resources of the institution for conducting the business of its board of governors. All expenses incurred by the board of governors and the institution under this section are paid from funds allocated to the institution for that purpose.

§18B-2A-3. Supervision of governing boards; promulgation of rules; data collection and dissemination.

            (a) The governing boards are subject to the supervision of the commission or the council, as appropriate, except in those instances where specific statutory exceptions are granted by law to the governing boards of Marshall University and West Virginia University.

            (b) The governing boards of all state institutions of higher education are subject to the provisions of law that relate to the administration of personnel matters including, specifically, articles seven, eight, nine and nine-a of this chapter and to rules promulgated and adopted in accordance with these provisions.

            (c) The Chancellor for Higher Education and the Chancellor for Community and Technical College Education, under the supervision of their respective boards, are responsible for the coordination of policies, purposes and rules of the governing boards and shall provide for and facilitate sufficient interaction among the governing boards and between the governing boards and the State Board of Education to meet the goals and objectives provided in the compacts and in section one-a, article one and article one-d of this chapter.

            (d) The governing boards and the State Board of Education shall provide all information requested by the commission and the council, whether the request is made separately or jointly, in an appropriate format and in a timely manner.

            (1) Each governing board shall cooperate with the West Virginia Network for Educational Telecomputing (WVNET) in designing appropriate interfaces with the databases of institutions under its jurisdiction and shall grant WVNET direct access to these databases.

            (2) WVNET, on behalf of the commission or council or both, shall generate reports from the data accessed for the purposes set forth in section five, article one-a and sections eight and ten, article one-d of this chapter.

            (3) All data accessed or received from an institution shall be treated in a manner consistent with the privacy protections outlined in section ten, article one-d of this chapter.

ARTICLE 7. PERSONNEL GENERALLY.

§18B-7-11. Employees designated as nonclassified; limits; exceptions; reports required.

            (a) Notwithstanding any provision of this code to the contrary, by July 1, 2015, the percentage of personnel placed in the category of nonclassified at a higher education organization may not exceed twenty percent of the total number of classified and nonclassified employees of that organization as those terms are defined in section two, article nine-a of this chapter and who are eligible for membership in a state retirement system of the State of West Virginia or other retirement plan authorized by the state.  A higher education organization which has more than twenty percent of its employees placed in the nonclassified category as defined by this subsection on July 1, 2011, shall reduce the number of nonclassified employees to no more than twenty-five percent by July 1, 2013, and to no more than twenty percent by July 1, 2015, except as set forth in subsections (b) and (c) of this section.

            (b) For the purpose of determining the ratio of nonclassified employees pursuant to this section, the following conditions apply:

            (1) Employees of the commission and the chancellor for higher education and employees of the council and the chancellor for community and technical college education are considered as one organization;

            (2) Organizations may shall count as faculty or classified employees, respectively, administrators who retain the right to return to faculty or classified employee positions, and in the employee category they are serving in at the time of reporting as required by subsections (a) and (b), section eight of this article. Such employees will be counted in their original category at such time as they exercise their return rights.

            (3) (2) Athletic coaches are excluded from calculation of the ratio. The commission and the council shall include consideration of this employee category in each review required by section nine of this article and shall monitor organizations’ use of this category and include this information in the reports required by subsections (a) and (b), section eight of this article.

            (c) An organization may place up to twenty-five percent of the total number of classified and nonclassified employees of that organization as defined by this section in the nonclassified category under the following conditions:

            (1) The governing board of an institution votes to approve any percentage or fraction of a percentage number above twenty percent and seeks and receives the approval of the commission or council, as appropriate, before increasing the total above twenty percent.

            (2) In the case of personnel employed by the commission and the council, the chancellors jointly shall agree to increase the percentage number or fraction of a number of nonclassified employees beyond twenty percent and shall recommend this action to their respective boards for approval.

            (A) The commission and council each shall approve or disapprove the increase and shall include the vote, as well as details of the position and justification for placing the position in the nonclassified category, in its minute record.

            (B) The number of nonclassified personnel may not be increased above twenty percent unless the increase is approved by both the commission and the council.

            (3) (2) Powers and duties of commission and council regarding nonclassified staff ratios. –

            (A) It is the duty of the commission and council jointly to establish criteria for the purpose of making decisions on approving or disapproving requests by organizations to exceed the twenty percent limit for personnel placed in the nonclassified category;

            (B) The commission and council shall provide technical assistance to organizations under their respective jurisdictions in collecting and interpreting data to ensure that they fulfill the requirements established by this section. Consideration of these issues shall be made part of each review required by section nine of this article and information from the review included in the reports required by subsections (a) and (b), section eight of this article;

            (C) The chancellors shall monitor the progress of the organizations in meeting the deadlines established in this section and shall report periodically to the council and commission. The commission and council shall make a preliminary compliance report to the Legislative Oversight Commission on Education Accountability by September 1, 2013, and a final report on organization compliance to that body by September 1, 2015.

            (D) Subject to a joint recommendation by the commission and the council and subsequent affirmative action by the Legislature to extend the authority beyond the specified date of termination, the authority of an organization to place more than twenty percent of its personnel in the nonclassified category pursuant to this section expires on July 1, 2016.

            (d) The current annual salary of a nonclassified employee may not be reduced if his or her position is redefined as a classified position solely to meet the requirements of this section. If such a nonclassified employee is reclassified, his or her salary does not constitute evidence of inequitable compensation in comparison to other employees in the same paygrade.

            (e) For the purposes of this section only the commission and council are not considered higher education organizations.

ARTICLE 19. CAPITAL PROJECTS AND FACILITIES NEEDS.

18B-19-6. Capital project financing.

            (a) The commission and governing boards, jointly or singly, may issue revenue bonds for capital project financing in accordance with section eight, article ten of this chapter.

            (b) A governing board may seek funding for and initiate construction or renovation work only for projects contained in an approved campus development plan.

            (c) A governing board may fund capital improvements on a cash basis, through bonding or through another financing method that is approved by the commission and by the council, if appropriate.

            (1) If the Any time the cumulative total cost of an improvement project for any institution, except Marshall University or West Virginia University, exceeds $1 $2 million, the governing board first shall obtain the approval of the commission or council, as appropriate. If the Any time the cumulative total cost of an improvement project for Marshall University or West Virginia University exceeds $15 $50 million, the governing board first shall obtain the approval of the commission.

            (2) Prior to approving bonding or any alternative financing method, the commission, and council if appropriate, shall evaluate the following issues:

            (A) The institution’s debt capacity and ability to meet the debt service payments for the full term of the financing;

            (B) The institution’s capacity to generate revenue sufficient to complete the project;

            (C) The institution’s ability to fund ongoing operations and maintenance;

            (D) The impact of the financing arrangement on students; and

            (E) Any other factor considered appropriate.

            (d) A governing board shall notify the Joint Committee on Government and Finance at least thirty days before beginning construction or renovation work on any capital project in excess of $1 million.

            (e) The commission may pledge all or part of the fees of any or all state institutions of higher education as part of a system bond issue.

            (f) Any fee or revenue source pledged prior to the effective date of this section for payment of any outstanding debt remains in effect until the debt is fully repaid or refunded.”

            On motion of Delegate White the amendment was amended on page on page fifteen, following line twenty-two, by striking out the remainder of the amendment in its entirety and by amending the enacting section of the bill to read as follows:

            “That §12-1-12d of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §18B-2A-1 and §18B-2A-3 of said code be amended and reenacted; and that §18B-7-11 of said code be amended and reenacted, all to read as follows” and a colon.

            The Finance Committee amendment as amended was then adopted.

            The bill was then ordered to third reading.

            S. B. 460, Exempting certain residents’ active duty military pay from state income tax; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 461, Relating to procedures and protections for child witnesses in domestic relations proceedings; on second reading, coming up in regular order, was read a second time.

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

            “That §62-6B-2, §62-6B-3 and §62-6B-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 6B. PROTECTION AND PRESERVATION OF STATEMENTS AND TESTIMONY OF CHILD WITNESS.

§62-6B-2. Definitions.

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

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

            (2) ‘Live, two-way closed-circuit television’ means a simultaneous transmission, by closed-circuit television or other electronic means, between the courtroom and the testimonial room.

            (3) ‘Operator’ means the individual authorized by the court to operate the two-way closed-circuit television equipment used in accordance with the provisions of this article.

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

§62-6B-3. Findings of fact required for taking testimony of child witness by closed-circuit television; considerations for court.

            (a) Upon a written motion filed by the prosecuting attorney, the child’s attorney or the child’s guardian ad litem, and upon findings of fact determined pursuant to subsection (b) of this section, a circuit court may order that the testimony of a child witness may be taken at a pretrial proceeding or at trial through the use of live, two-way closed-circuit television.

            (b) Prior to ordering that the testimony of a child witness may be taken through the use of live, two-way closed-circuit television, the circuit court must find by clear and convincing evidence, after conducting an evidentiary hearing on this issue, that:

            (1) The child is an otherwise competent witness;

            (2) That, absent the use of live, two-way closed-circuit television the child witness will be unable to testify due solely to being required to be in the physical presence of the defendant while testifying;

            (3) The child witness can only testify if live, two-way closed-circuit television is used in the trial; and

            (4) That the state’s ability to proceed against the defendant without the child witness’ live testimony would be substantially impaired or precluded.

            (c) The court shall consider the following factors in determining the necessity of allowing a child witness to testify by the use of live, two-way closed-circuit television:

            (1) The age and maturity of the child witness;

            (2) The facts and circumstances of the alleged offense;

            (3) The necessity of the child’s live testimony to the prosecution’s ability to proceed as well as any prejudice to the Defendant by allowing testimony through closed circuit television;

            (4) Whether or not the facts of the case involve the alleged infliction of bodily injury to the child witness or the threat of bodily injury to the child or another; and

            (5) Any mental or physical handicap of the child witness.

            (d) In determining whether to allow a child witness to testify through live, two-way closed-circuit television the court shall appoint a psychiatrist or a licensed psychologist with at least five years clinical experience or a licensed clinical social worker with at least five years of significant clinical experience in the treatment and evaluation of children who shall serve as an advisor or friend of the court to provide the court with an expert opinion as to whether, to a reasonable degree of professional certainty, the child witness will suffer severe emotional harm, be unable to testify based solely on being in the physical presence of the defendant while testifying and that the child witness does not evidence signs of being subjected to undue influence or coercion. The opinion of the psychiatrist or licensed psychologist or licensed clinical social worker shall be filed with the circuit court at least thirty days prior to the final hearing on the use of live, two-way closed-circuit television and the defendant shall be allowed to review the opinion and present evidence on the issue by the use of an expert or experts or otherwise.

§62-6B-4. Procedures required for taking testimony of child witness by closed-circuit television; election of defendant; jury instruction; sanction for failure to follow procedures; additional accommodation options; recordings and confidentiality.

            (a) If the court determines that the use of live, two-way closed-circuit testimony is necessary and orders its use the defendant may, at any time prior to the child witness being called, elect to absent himself from the courtroom during the child witness’ testimony. If the defendant so elects the child shall be required to testify in the courtroom.

            (b)(1) If live, two-way closed-circuit television is used in the testimony of the child witness, he or she shall be taken into the testimonial room and be televised live, by two-way closed-circuit equipment to the view of the defendant, counsel, the court and, if applicable, the jury. The projected image of the defendant shall be visible for child witness to view if he or she chooses to do so and the view of the child witness available to those persons in the courtroom shall include a full body view. Only the prosecuting attorney, the attorney for the defendant, and the operator of the equipment may be present in the room with the child witness during testimony. Only the court, the prosecuting attorney and the attorney for the defendant may question the child. In pro se proceedings, the court may modify the provisions of this subdivision relating to the role of the attorney for the defendant to allow the pro se defendant to question the child witness in such a manner as to cause as little psychological trauma as possible under the circumstances. The court shall permit the defendant to observe and hear the testimony of the child witness contemporaneous with the taking of the testimony. The court shall provide electronic means for the defendant and the attorney for the defendant to confer confidentially during the taking of the testimony.

            (2) If the defendant elects to not be physically present in the courtroom during the testimony of the child witness, the defendant shall be taken into the testimonial room and be televised live, by two-way closed-circuit equipment to the view of the finder of fact. and others present in the courtroom The defendant shall be taken to the testimonial room prior to the appearance of the child witness in the courtroom. There shall be made and maintained a recording of the images and sounds of all proceedings which were televised pursuant to this article. While the defendant is in the testimonial room, the defendant shall be permitted to view the live, televised image of the child witness and the image of those other persons in the courtroom whom the court determines the defendant is entitled to view. Only the court, the prosecuting attorney and the attorney for the defendant may question the child. In pro se proceedings, the court may modify the provisions of this subdivision relating to the role of the attorney for the defendant to allow the pro se defendant to question the child witness in such a manner as to cause as little emotional distress as possible under the circumstances The transmission from the courtroom to the testimonial room shall be sufficient to permit the defendant to observe and hear the testimony of the child witness contemporaneous with the taking of the testimony. No proceedings other than the taking of the testimony of the child witness shall occur while the defendant is outside the courtroom. In the event that the defendant elects that the attorney for the defendant remain in the courtroom while the defendant is in the testimonial room, the court shall provide electronic means for the defendant and the attorney for the defendant to confer confidentially during the taking of the testimony.

            (c) In every case where the provisions of the article are used, the jury, at a minimum, shall be instructed, unless such instruction is waived by the defendant, that the use of live, two-way closed-circuit television is being used solely for the child’s convenience, that the use of the medium cannot as a matter of law and fact be considered as anything other than being for the convenience of the child witness and that to infer anything else would constitute a violation of the oath taken by the jurors.”

            The bill was then ordered to third reading.

            S. B. 470, Permitting wine sale on Sunday mornings at fairs and festivals; on second reading, coming up in regular order, was read a second time.

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

            “That §11-16-18 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §60-4-3 of said code be amended and reenacted; that §60-6-2 of said code by amended and reenacted; that §60-7-11 of said code be amended and reenacted; and that §60-8-3 and §60-8-34 of said code be amended and reenacted, all to read as follows:

CHAPTER 11. TAXATION.

ARTICLE 16. NONINTOXICATING BEER.

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

            (a) It shall be unlawful:

            (1) For any licensee, his, her, its or their servants, agents or employees to sell, give or dispense, or any individual to drink or consume, in or on any licensed premises or in any rooms directly connected therewith, nonintoxicating beer or cooler on weekdays between the hours of two o’clock a.m. and seven o’clock a.m., or between the hours of two o’clock a.m. and one o’clock p.m. ten o’clock a.m. on any Sunday, except in private clubs licensed under the provisions of article seven, chapter sixty of this code, where the hours shall conform with the hours of sale of alcoholic liquors;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.

ARTICLE 4. LICENSES.

§60-4-3. To whom licensed manufacturer may sell.

            A person who is licensed to manufacture alcoholic liquors in this state may sell liquors in this state only to the West Virginia Alcohol Beverage Control Commissioner and to wholesalers and retailers licensed as provided in this chapter: Provided, That a holder of a winery or a farm winery license may sell wines and a holder of a distillery or a mini-distillery license may sell alcoholic liquors manufactured by it in this state in accordance with the provisions of section two, article six of this chapter. Hours of retail sale by a winery or a farm winery or distillery or a mini-distillery are subject to regulation by the commissioner: Provided, That the hours of a private club operating on the premises of a distillery or mini-distillery shall be the same as any private club licensed under article seven, chapter sixty of this code. A winery, distillery, farm winery or mini-distillery may sell and ship alcoholic liquors outside of the state subject to provisions of this chapter.

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

            (a) Sales of liquor. -- An operator of a distillery or a mini-distillery may offer liquor for retail sale to customers from the distillery or the mini-distillery for consumption off premises only. Except for free complimentary samples offered pursuant to section one, article six of this chapter, or sales for consumption offered under a valid private club license pursuant to article seven, chapter sixty of this code, customers are prohibited from consuming any liquor on the premises of the distillery or the mini-distillery. Distilleries that produce 50,000 or more gallons of alcoholic liquor per year may not hold a private club license.

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

            (c) Payment of taxes and fees. -- The distillery or mini-distillery shall pay all taxes and fees required of licensed retailers and meet applicable licensing provisions as required by this chapter and by rule of the commissioner.

            (d) Payments to market zone retailers. -- Each distillery or mini-distillery shall submit to the commissioner ten percent of the gross sales price or each retail liquor sale for the value of all sales at the distillery or the mini-distillery each month. This collection shall be distributed by the commissioner, at least quarterly, to each market zone retailer located in the distillery or mini-distillery’s market zone, proportionate to each market zone retailer’s annual gross prior years pretax value sales.

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

ARTICLE 6. MISCELLANEOUS PROVISIONS.

§60-6-2. When lawful to manufacture and sell wine and cider.

            The provisions of this chapter may not prevent:

            (1) A person from manufacturing wine at his or her residence for consumption at his or her residence as permitted by section one of this article;

            (2) A person from manufacturing and selling unfermented cider;

            (3) A person from manufacturing and selling cider made from apples produced by him or her within this state to persons holding distillery licenses, if the manufacture and sale is under the supervision and regulation of the commissioner;

            (4) A person from manufacturing and selling wine made from fruit produced by him or her within this state to persons holding winery licenses, if the manufacture and sale is under the supervision and regulation of the commissioner;

            (5) The holder of a winery or a farm winery license from selling wine for off-premises consumption sold at retail at the winery or the farm winery, as provided in section four, article three-b of this chapter, or for any other person who is licensed under this chapter to sell wine as a wine supplier or distributor; and

            (6) The holder of a distillery or a mini-distillery license from selling alcoholic liquor for off-premises consumption sold at retail at the distillery or the mini-distillery, as provided in section four, article three-a of this chapter; and

            (7) The holder of a distillery or mini-distillery license from selling alcoholic liquor, other than in sealed packages, for consumption at the private club on the distillery or the mini-distillery premises, if the holder of the distillery or mini-distillery license produces less than 50,000 gallons of alcoholic liquor per year and also holds a valid private club license for the premises under article seven, chapter sixty of this code.

ARTICLE 7. LICENSES TO PRIVATE CLUBS.

§60-7-11. Licensee must purchase alcoholic liquors from or through commissioner or retail licensee; exceptions.

            (a) (1) All licensees shall purchase all alcoholic liquors sold by them from the West Virginia Alcohol Beverage Control Commissioner at prices established by the commissioner for sales of the alcoholic liquors to the public generally or from any retail licensee licensed under the provisions of article three-a of this chapter, except that the licensees may purchase those wines permitted to be sold at retail pursuant to article eight of this chapter from those distributors licensed pursuant to said article at the same prices the distributors sell the wines to retailers licensed pursuant to said article, and distilleries or mini-distilleries licensed under article four, chapter sixty of this code and under this article may sell, if otherwise authorzed, alcoholic liquor, other than in sealed packages, for consumption at the private club on the distillery or the mini-distillery premises, if the alcoholic liquor was manufactured on those premises.

            (2) A licensee may by contract approved by the commissioner receive deliveries of alcoholic liquor from a retail liquor store, and the provisions of sections twelve and thirteen, article six of this chapter shall not apply to the transportation of that alcoholic liquor.

            (b) In all reports filed under section sixteen, article fifteen, chapter eleven of this code, retail licensees licensed under the provisions of article three-a of this chapter shall separately identify the amount of sales tax on sales of liquor to licensees in the manner required by the Tax Commissioner.

            (c) Notwithstanding the provisions of section thirty, article fifteen, chapter eleven of this code to the contrary, the amount of the sales taxes collected by the Tax Commissioner shall be deposited in a revolving fund account in the State Treasurer’s office, designated the ‘Drunk Driving Prevention Fund’, and administered by the commission on drunk driving prevention, subject to appropriations by the Legislature.

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

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

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

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

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

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

            (5) Sell, give or dispense nonintoxicating beer, wine or alcoholic liquors in or on any licensed premises or in any rooms directly connected therewith, between the hours of three o’clock a.m. and one o’clock p.m. ten o’clock a.m. on any Sunday, or between the hours of three o’clock a.m. and seven o’clock a.m. on any weekday or Saturday;

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

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

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

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

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

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

            (11) Violate any reasonable rule of the commissioner.

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

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

ARTICLE 8. SALE OF WINES.

§60-8-3. Licenses; fees; general restrictions.

            (a) No person may engage in business in the capacity of a winery, farm winery, supplier, distributor, retailer, private wine bed and breakfast, private wine restaurant, private wine spa or wine specialty shop without first obtaining a license from the commissioner, nor shall a person continue to engage in any such activity after his or her license has expired, been suspended or revoked. No person may be licensed simultaneously as a distributor and a retailer. No person, except for a winery or farm winery, may be licensed simultaneously as a supplier and a retailer. No person may be licensed simultaneously as a supplier and a private wine bed and breakfast, private wine restaurant or a private wine spa. No person may be licensed simultaneously as a distributor and a private wine bed and breakfast, a private wine restaurant or a private wine spa. No person may be licensed simultaneously as a retailer and a private wine bed and breakfast, a private wine restaurant or a private wine spa.

            (b) The commissioner shall collect an annual fee for licenses issued under this article, as follows:

            (1) One hundred fifty dollars per year for a supplier’s license;

            (2) Twenty-five hundred dollars per year for a distributor’s license and each separate warehouse or other facility from which a distributor sells, transfers or delivers wine shall be separately licensed and there shall be collected with respect to each such location the annual license fee of $2,500 as herein provided;

            (3) One hundred fifty dollars per year for a retailer’s license;

            (4) Two hundred fifty dollars per year for a wine specialty shop license, in addition to any other licensing fees paid by a winery or retailer holding such a license, except for the amount of the license fee and the restriction to sales of winery or farm winery wines, a winery or farm winery acting as a wine specialty shop retailer is subject to all other provisions of this article which are applicable to a wine specialty shop retailer as defined in section two of this article;

            (5) One hundred fifty dollars per year for a wine tasting license;

            (6) One hundred fifty dollars per year for a private wine bed and breakfast license, and each separate bed and breakfast from which a licensee sells wine shall be separately licensed and there shall be collected with respect to each such location the annual license fee of $150 as herein provided;

            (7) Two hundred fifty dollars per year for a private wine restaurant license, and each separate restaurant from which a licensee sells wine shall be separately licensed and there shall be collected with respect to each such location the annual license fee of $250 as herein provided;

            (8) One hundred fifty dollars per year for a private wine spa license and each separate private wine spa from which a licensee sells wine shall be separately licensed and there shall be collected with respect to each such location the annual license fee of $150 as herein provided;

            (9) One hundred fifty dollars per year for a wine sampling license issued for a wine specialty shop under subsection (n) of this section;

            (10) No fee shall be charged for a special one-day license under subsection (p) of this section or for a heritage fair and festival license under subsection (q) of this section; and

            (11) One hundred fifty dollars per year for a direct shipper’s license for a licensee who sells and ships only wine and $250 per for a direct shipper’s license who ships and sells wine, nonfortified dessert wine, port, sherry or Madeira wines.

            (12) Three hundred dollars per year for a multicapacity winery or farm winery license which shall enable the holder to operate as a retailer, wine specialty shop, supplier and direct shipper without obtaining an individual license for each capacity.

            (c) The license period shall begin on July 1 of each year and end on June 30 of the following year and if granted for a less period, the same shall be computed semiannually in proportion to the remainder of the fiscal year.

            (d) No retailer may be licensed as a private club as provided by article seven of this chapter, except as provided by subsection (k) of this section.

            (e) No retailer may be licensed as a Class A retail dealer in nonintoxicating beer as provided by article sixteen, chapter eleven of this code: Provided, That a delicatessen, a caterer or party supply store which is a grocery store as defined in section two of this article and which is licensed as a Class A retail dealer in nonintoxicating beer may be a retailer under this article: Provided, however, That any delicatessen, caterer or party supply store licensed in both such capacities must maintain average monthly sales exclusive of sales of wine and nonintoxicating beer which exceed the average monthly sales of nonintoxicating beer.

            (f) A wine specialty shop under this article may also hold a wine tasting license authorizing such the retailer to serve complimentary samples of wine in moderate quantities for tasting. Such wine specialty shop shall organize a wine taster’s club, which has at least fifty duly elected or approved dues-paying members in good standing. Such club shall meet on the wine specialty shop’s premises not more than one time per week and shall either meet at a time when the premises are closed to the general public, or shall meet in a separate segregated facility on the premises to which the general public is not admitted. Attendance at tastings shall be limited to duly elected or approved dues-paying members and their guests.

            (g) A retailer who has more than one place of retail business shall obtain a license for each separate retail establishment. A retailer’s license may be issued only to the proprietor or owner of a bona fide grocery store or wine specialty shop.

            (h) The commissioner may issue a special license for the retail sale of wine at any festival or fair which is endorsed or sponsored by the governing body of a municipality or a county commission. Such special license shall be issued for a term of no longer than ten consecutive days and the fee therefor shall be $250 regardless of the term of the license unless the applicant is the manufacturer of said wine on a winery or a farm winery as defined in section five-a, article one of this chapter, in which event the fee shall be $50 if the event is held on the premises of the winery or farm winery. The application for such the license shall contain such information as the commissioner may reasonably require and shall be submitted to the commissioner at least thirty days prior to the first day when wine is to be sold at such the festival or fair. A winery or a farm winery licensed under this subsection may exhibit, conduct tastings or sell samples, not to exceed a reasonable serving of three ounces, and may sell wine only samples for consumption off on the premises during the operation of such a festival or fair, and sell wine for consumption off premises consumption at that same festival or fair: Provided, That for licensed wineries or farm wineries at a licensed festival or fair the tastings, samples and off-premises sales shall occur under the hours of operation as required in this article, except that on Sunday tastings, samples and off-premises sales are unlawful between the hours of 2:00 a. m. and 10:00 a. m. A special license issued other than to a winery or a farm winery may be issued to a ‘wine club’ as defined herein below. The festival or fair committee or the governing body shall designate a person to organize a club under a name which includes the name of the festival or fair and the words ‘wine club’. The license shall be issued in the name of the wine club. A licensee may not commence the sale of wine as provided in this subsection until the wine club has at least fifty dues-paying members who have been enrolled and to whom membership cards have been issued. Thereafter, new members may be enrolled and issued membership cards at any time during the period for which the license is issued. A wine club licensed under the provisions of this subsection may sell wine only to its members, and in portions not to exceed eight ounces per serving. Such The sales shall take place on premises or in an area cordoned or segregated so as to be closed to the general public, and the general public shall not be admitted to such the premises or area. A wine club licensee under the provisions of this subsection shall be authorized to serve complimentary samples of wine in moderate quantities for tasting.

            A license issued under the provisions of this subsection and the licensee holding such the license shall be subject to all other provisions of this article and the rules and orders of the commissioner relating to such the special license: Provided, That the commissioner may by rule, regulation or order provide for certain waivers or exceptions with respect to such the provisions, rules, regulations or orders as the circumstances of each such festival or fair may require, including, without limitation, the right to revoke or suspend any license issued pursuant to this section prior to any notice or hearing notwithstanding the provisions of section twenty-seven and twenty-eight of this article: Provided, however, That under no circumstances shall the provisions of subsection (c) or (d), section twenty of this article be waived nor shall any exception be granted with respect thereto.

            A license issued under the provisions of this subsection and the licensee holding such the license shall not be is not subject to the provisions of subsection (g) of this section.

            (i) (A) The commissioner may issue a special license for the retail sale of wine in a professional baseball stadium. A license to sell wine granted pursuant to this subsection entitles the licensee to sell and serve wine, for consumption in a professional baseball stadium. For the purpose of this subsection, ‘professional baseball stadium’ means a facility constructed primarily for the use of a major or minor league baseball franchisee affiliated with the National Association of Professional Baseball Leagues, Inc., or its successor, and used as a major or minor league baseball park. Any special license issued pursuant to this subsection shall be for a term beginning on the date of issuance and ending on the next following June 30, and its fee is $250 regardless of the length of the term of the license. The application for the special license shall contain information as the commissioner may reasonably require and must be submitted to the commissioner at least thirty days prior to the first day when wine is to be sold at the professional baseball stadium. The special license may be issued in the name of the baseball franchisee or the name of the primary food and beverage vendor under contract with the baseball franchisee. These sales must take place within the confines of the professional baseball stadium, provided that the exterior of the area where wine sales may occur are surrounded by a fence or other barrier prohibiting entry except upon the franchisee’s express permission, and under the conditions and restrictions established by the franchisee, so that the wine sales area is closed to free and unrestricted entry by the general public.

            (B) A license issued under this subsection and the licensee holding the license is subject to all other provisions of this article and the rules and orders of the commissioner relating to the special license: Provided, That the commissioner may by rule or order grant certain waivers or exceptions to those rules or orders as the circumstances of each such professional baseball stadium may require, including, without limitation, the right to revoke or suspend any license issued pursuant to this section prior to any notice or hearing notwithstanding sections twenty-seven and twenty-eight of this article: Provided, however, That under no circumstances may subsection (c) or (d), section twenty of this article be waived nor shall any exception be granted concerning those subsections.

            (C) The commissioner has the authority to propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code to implement this subsection.

            (j) A license to sell wine granted to a private wine bed and breakfast, private wine restaurant, private wine spa or a private club under the provisions of this article entitles the operator to sell and serve wine, for consumption on the premises of the licensee, when such the sale accompanies the serving of food or a meal to its members and their guests in accordance with the provisions of this article: Provided, That a licensed private wine bed and breakfast, private wine restaurant, private wine spa or a private club may permit a person over twenty-one years of age to purchase wine, consume wine and recork or reseal, using a tamper resistant cork or seal, up to two separate bottles of unconsumed wine in conjunction with serving of food or a meal to its members and their guests in accordance with the provisions of this article and in accordance with regulations promulgated by the commissioner for the purpose of consumption of said wine off premises: Provided, however, That for this article, food or a meal provided by the private licensee means that the total food purchase, excluding beverage purchases, taxes, gratuity or other fees is at least $15: Provided further, That a licensed private wine restaurant or a private club may offer for sale for consumption off the premises, sealed bottles of wine to its customers provided that no more than one bottle is sold per each person over twenty-one years of age, as verified by the private wine restaurant or private club, for consumption off the premises. Such licensees are authorized to keep and maintain on their premises a supply of wine in such quantities as may be appropriate for the conduct of operations thereof. Any sale of wine so made shall be subject to all restrictions set forth in section twenty of this article. A private wine restaurant may also be licensed as a Class A retail dealer in nonintoxicating beer as provided by article sixteen, chapter eleven of this code.

            (k) With respect to subsections (h), (i), (j), (o) and (p) of this section, the commissioner shall promulgate legislative rules in accordance with the provisions of chapter twenty-nine-a of this code with regard to the form of the applications, the suitability of both the applicant and location of the licensed premises and such other legislative rules deemed necessary to carry the provisions of such the subsections into effect.

            (l) The commissioner shall promulgate legislative rules in accordance with the provisions of chapter twenty-nine-a of this code to allow restaurants to serve wine with meals, and to sell wine by the bottle for off-premises consumption as provided in subsection (j) of this section. Each restaurant so licensed shall be charged an additional $100 per year fee.

            (m) The commissioner shall establish guidelines to permit wines to be sold in all stores licensed for retail sales.

            (n) Wineries and farm wineries may advertise off premises as provided in section seven, article twenty-two, chapter seventeen of this code.

            (o) A wine specialty shop under this article may also hold a wine sampling license authorizing the wine specialty shop to conduct special wine sampling events at a licensed wine specialty shop location during regular hours of business. The wine specialty shop may serve up to three complimentary samples of wine, consisting of no more than one ounce each, to any one consumer in one day. Persons serving the complimentary samples must be twenty-one years of age and an authorized representative of the licensed wine specialty shop, winery, farm winery or a representative of a distributor or registered supplier. Distributor and supplier representatives attending wine sampling events must be registered with the commissioner. No licensee, employee or representative may furnish, give or serve complimentary samples of wine to any person less than twenty-one years of age or to a person who is physically incapacitated due to the consumption of alcoholic liquor or the use of drugs. The wine specialty shop shall notify and secure permission from the commissioner for all wine sampling events one month prior to the event. Wine sampling events may not exceed six hours per calendar day. Licensees must purchase all wines used during these events from a licensed farm winery or a licensed distributor.

            (p) The commissioner may issue special one-day licenses to duly organized, nonprofit corporations and associations allowing the sale and serving of wine when raising money for athletic, charitable, educational or religious purposes. The license application shall contain information as the commissioner may reasonably require and shall be submitted to the commissioner at least thirty days prior to the event. Wines used during these events may be donated by or purchased from a licensed retailer, a distributor or a farm winery. Under no circumstances may the provision of subsection (c), section twenty of this article be waived nor may any exception be granted with respect thereto.

            (q) The commissioner may issue special licenses to heritage fairs and festivals allowing the sale, serving and sampling of wine from a licensed farm winery. The license application shall contain information required by the commissioner and shall be submitted to the commissioner at least thirty days prior to the event. Wines used during these events may be donated by or purchased from a licensed farm winery. Under no circumstances may the provision of subsection (c), section twenty of this article be waived nor may any exception be granted with respect thereto. The commissioner shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code to implement the provisions of this subsection.

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

            It shall be is unlawful for a retailer, farm winery, wine specialty shop retailer, private wine bed and breakfast, private wine restaurant or private wine spa licensee, his or her servants, agents or employees to sell or deliver wine between the hours of two o’clock a.m. and one o’clock p.m. ten o’clock a.m. on Sundays, or between the hours of two o’clock a.m. and seven o’clock a.m. on weekdays and Saturdays.”

            The bill was then ordered to third reading.

            S. B. 489, Permitting community enhancement districts to decrease annual property assessments; on second reading, coming up in regular order, was read a second time.

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

            “That §16-13E-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

§16-13E-8. Notice to property owners of assessments; correcting and laying assessments; report on project completion; credits.

            (a) Prior to the issuance of assessment bonds or pledging any amounts to payment of tax increment financing obligation debt service, the board shall cause a report to be prepared describing each lot or parcel of land located within the community enhancement district and setting forth the total cost of the project based on the contract with the governmental agency, the accepted bid or bids, or a cost estimate certified by a professional engineer, and all other costs incurred prior to the commencement of construction and the future administrative costs, and the respective amounts chargeable upon each lot or parcel of land and the proper amount to be assessed against the respective lots or parcels of land with a description of the lots and parcels of land as to ownership and location. If two or more different kinds of projects are involved, the report shall set forth the portion of the assessment attributable to each respective project. The board shall thereupon give notice to the owners of real property to be assessed that on or after a date specified in the notice an assessment will be deemed granted against the property. The notice shall state that the owner of assessed property, or other interested party, may on said date appear before the board to move the revision or correction of the proposed assessment and shall show the total cost of the project, whether the assessments will pay for all or part of the total cost of the project and the lots or parcels of property to be assessed and the respective amounts to be assessed against such lots or parcels, with a description of the respective lots and parcels of land as to ownership and location. The notice shall also be published as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of the code, and the publication area for such publication is the assessment district. On or after the date so advertised, the board may revise, amend, correct and verify the report and proceed by resolution to establish the assessments as corrected and verified and shall certify the same to the governing body which created the district.

            (b) During the pendency of the project, the board may decrease the amount of the assessments certified to the county sheriff for collection following the June 7 certification of those assessments by the community enhancement district to the sheriff as provided by subdivision (6), subsection (b), section six of this article, upon a finding or determination by the community enhancement board that the decrease is necessary or appropriate as the total cost of the project is less than projected or that the need for the assessment amount has decreased under the circumstances, and so certify to the sheriff of the county where the property is located. The modified assessment shall be granted against all property in the district for inclusion in the tax ticket or the preparation of modified tax tickets by that sheriff for the affected parcels.

            (b) (c) Upon completion of a project, the board shall prepare a final report certifying the completion of the project and showing the total cost of the project and whether the cost is greater or less than the cost originally estimated. If the total cost of the project is less or greater than the cost shown in the report prepared prior to construction, the board may revise the assessment charged on each lot or parcel of land pursuant to subsection (a) of this section to reflect the total cost of the project as completed, and in so doing shall, in the case of an assessment increase only, follow the same procedure with regard to notice and providing each owner of assessed property the right to appear before the board to move for the revision or correction of such proposed reassessment as required for the original assessment. If an assessment is decreased, the board shall, by resolution and written notice to the sheriff of the county in which the community enhancement district is located, cause the next installment or installments of assessments then due and payable by each affected property owner to be reduced pro rata, and shall provide written notice to such property owners of the amount of such decrease by the deposit of such notice in the United States mail, postage prepaid.

            (c) (d) The value of the projects financed with the assessments shall be treated as a credit toward any impact fees related to the service or services provided levied under article twenty, chapter seven of this code.”

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 498, Relating to hearing location for Alcohol Beverage Control Administration’s appeal hearings; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:“CHAPTER 11. TAXATION.

ARTICLE 16. NONINTOXICATING BEER.

§11-16-24. Hearing on sanctioning of license; notice; review of action of commissioner; clerk of court to furnish commissioner copy of order or judgment of conviction of licensee; assessment of costs; procedure for appealing any final order of the commissioner which revokes, suspends, sanctions or denies the issuance or renewal of any license issued under this article.

            (a) The commissioner shall may not revoke nor or suspend any a license issued pursuant to this article or impose any civil penalties a civil penalty authorized thereby under this article unless and until a hearing shall be is held after at least ten days’ notice to the licensee of the time and place of such the hearing, which notice shall contain a statement or specification of the charges, grounds or reasons for such the proposed contemplated action, and which shall be is served upon the licensee as notices under the West Virginia Rules of Civil Procedure or by certified mail, return receipt requested, to the address for which license was issued; at which time and place, so designated in the notice, the licensee shall have has the right to appear and produce evidence in his or her behalf, and to be represented by counsel.

            (b) The commissioner shall have authority to may summon witnesses in the hearings before him or her, and fees of witnesses summoned on behalf of the state in proceedings to sanction licenses shall be treated as a part of the expenses of administration and enforcement. Such The fees shall be the same as those in similar hearings in the circuit courts of this state. The commissioner may, upon a finding of violation, assess a licensee a sum not to exceed $150 per violation to reimburse the commissioner for expenditures for witness fees, court reporter fees and travel costs incurred in holding the hearing. Any Moneys so assessed shall be transferred to the Nonintoxicating Beer Fund created by section twenty-three of this article.

            (c) If, at the request of the licensee or on his or her motion, the hearing shall be is continued and shall does not take place on the day fixed by the commissioner in the notice above provided for of hearing, then such the licensee’s license may be suspended until the hearing and decision of the commissioner, and in the event of revocation or suspension of such the license, upon hearing before the commissioner, the licensee shall not be is not permitted to sell beer pending an appeal as provided by this article. Any person continuing to sell beer after his or her license has been suspended or revoked, as hereinbefore provided, is guilty of a misdemeanor and, shall be punished as provided in section nineteen of this article.

            (d) Notwithstanding the provisions of subsection (b), section four, article five, chapter twenty-nine-a of this code, the action of the commissioner in revoking, or suspending, sanctioning or refusing a license shall be is subject to review by the circuit court of Kanawha County West Virginia, or the circuit court in the county where the proposed or licensed premises is located and will or does conduct sales: Provided, That in all other respects, such review shall be conducted in the manner provided in chapter twenty-nine-a of this code. when such licensee may be aggrieved by such revocation, or suspension The petition for such review must be filed with said the circuit court within a period of thirty days from and after the date of following entry of the final order of revocation, or suspension, sanction or refusal issued by the commissioner. and any An applicant or licensee obtaining an order for such review shall be is required to pay the costs and fees incident to transcribing, certifying and transmitting the records pertaining to such the matter to the circuit court. An application to the Supreme Court of Appeals of West Virginia for a writ of error from any final order of the circuit court in any such the matter shall be made within thirty days from and after the entry of such the final circuit court order.

            (e) All such hearings, upon notice to show cause why license should be revoked, or suspended, sanctioned or refused, before the commissioner shall be held in the offices of the commissioner in Charleston, Kanawha County, West Virginia, unless otherwise provided by the commissioner in such the notice or agreed upon between the licensee and the commissioner; and of hearing. When such the hearing is held elsewhere than in the commissioner’s office, the licensee may be required to make deposits of the estimated costs of such the hearing.

            (f) Whenever any a licensee has been convicted of any an offense constituting a violation of the laws of this state or of the United States relating to nonintoxicating beer, or alcoholic liquor, and such the conviction has become final, the clerk of the court in which such the licensee has been convicted shall forward to the commissioner a certified copy of the order or judgment of conviction if such the clerk has knowledge that the person so convicted is a licensee, together with the certification of such the clerk that the conviction is final.

            (g) In the case of a Class B licensee with multiple licensed locations, the commissioner may, in his or her discretion, revoke, suspend or otherwise sanction, per the provisions of section twenty-three of this article, only the license for the location or locations involved in the unlawful conduct for which licensure is sanctioned, as opposed to all separately licensed locations of such the licensee.

CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.

ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.

§60-3A-28. Notice of and hearing on revocation; right of appeal; appeal procedures.

            (a) Before a retail license issued under the authority of this article may be is suspended for a period of more than twenty days, or revoked, the commissioner shall give at least ten days’ notice to the retail licensee. Notice shall be in writing, shall state the reason for suspension or revocation, and shall designate a time and place for a hearing where the retail licensee may show cause why the retail license should not be suspended or revoked. Notice shall be sent by certified mail to the address for which the retail license was issued. The retail licensee may, at the time designated for the hearing, produce evidence in his or her behalf and be represented by counsel.

            (b) Such The hearing and the administrative procedures prior to, during and following the same shall be hearing are governed by and shall be conducted in accordance with the provisions of article five, chapter twenty-nine-a of this code in like manner as if the provisions of article five were fully set forth in this section.

            (c) Notwithstanding the provisions of subsection (b), section four, article five, chapter twenty-nine-a of this code, any person adversely affected by an a final order entered following such the hearing shall have has the right of judicial review thereof in accordance with the provisions of section four, article five, chapter twenty-nine-a of this code with like effect as if the provisions of said section four were fully set forth in this section. by the circuit court of Kanawha County or the circuit court in the county where the proposed or licensed premises is located and will or does conduct sales: Provided, That in all other respects, such review shall be conducted in the manner provided in chapter twenty-nine-a of this code. The petition for the review must be filed with the circuit court within thirty days following entry of the final order issued by the commissioner. An applicant or licensee obtaining the review is required to pay the costs and fees incident to transcribing, certifying and transmitting the records pertaining to the matter to circuit court.

            (d) The judgment of a the circuit court reviewing such the order of the commissioner shall be is final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code.

            (e) Legal counsel and services for the commissioner in all such the proceedings in any circuit court and the Supreme Court of Appeals shall be provided by the Attorney General or his or her assistants and in any proceedings in any circuit court by the prosecuting attorney of that county as well, all without additional compensation.

            (f) Upon final revocation, the commissioner shall proceed to reissue the retail license by following the procedures set forth herein for the initial issuance of a retail license.

ARTICLE 7. LICENSES TO PRIVATE CLUBS.

§60-7-13a. Hearing on sanctioning of license; notice; review of action of commissioner; clerk of court to furnish commissioner copy of order or judgment of conviction of licensee; assessment of costs; procedure for appealing any final order of the commissioner which revokes, suspends, sanctions or denies the issuance or renewal of any license issued under this article.

            (a) The commissioner shall may not revoke or suspend any a license issued pursuant to this article or impose any civil penalties authorized thereby under this article unless and until a hearing shall be is held after at least ten days’ notice to the licensee of the time and place of such the hearing, which notice shall contain a statement or specification of the charges, grounds or reasons for such the proposed contemplated action, and which shall be is served upon the licensee as notices under the West Virginia Rules of Civil Procedure or by certified mail, return receipt requested, to the address for which license was issued. At which the time and place, so designated in the notice, the licensee shall have has the right to appear and produce evidence in his or her behalf, and to be represented by counsel: Provided, That the commissioner may forthwith suspend any such the license when the commissioner believes the public safety will be adversely affected by the licensee’s continued operation.

            (b) The commissioner shall have authority to may summon witnesses in the hearing before him or her, and fees of witnesses summoned on behalf of the state in proceedings to sanction licenses shall be treated as a part of the expenses of administration and enforcement. Such The fees shall be the same as those in similar hearings in the circuit courts of this state. The commissioner may, upon a finding of violation, assess a licensee a sum, not to exceed $150 per violation, to reimburse the commissioner for expenditures of witness fees, court reporter fees and travel costs incurred in holding the hearing. Any Moneys so assessed shall be transferred to the Alcohol Beverage Control Enforcement Fund created by section thirteen of this article.

            (c) If, at the request of the licensee or on his or her motion, the hearing shall be is continued and shall does not take place on the day fixed by the commissioner in the notice above provided for of hearing, then such the licensee’s license may be suspended until the hearing and decision of the commissioner, and in the event of revocation or suspension of such the license, upon hearing before the commissioner, the licensee shall not be is not permitted to sell alcoholic liquor or nonintoxicating beer pending an appeal as provided by this article. Any person continuing to sell alcoholic liquor or nonintoxicating beer after his or her license has been suspended or revoked, as hereinbefore provided in this section, is guilty of a misdemeanor and, shall be punished as provided in section twelve of this article.

            (d) Notwithstanding the provisions of subsection (b), section four, article five, chapter twenty-nine-a of this code, the action of the commissioner in revoking, or suspending, sanctioning or refusing a license shall be is subject to review by the circuit court of Kanawha County West Virginia, or the circuit court in the county where the proposed or licensed premises is located and will or does conduct sales: Provided, That in all other respects, such review shall be conducted in the manner provided in chapter twenty-nine-a of this code. when such licensee may be aggrieved by such revocation, or suspension The petition for such review must be filed with said the circuit court within a period of thirty days from and after the date of following entry of the final order of revocation, or suspension, sanction or refusal issued by the commissioner. and any A licensee obtaining an order for such the review shall be is required to pay the costs and fees incident to transcribing, certifying and transmitting the records pertaining to such the matter to the circuit court. An application to the Supreme Court of Appeals of West Virginia for a writ of error from any final order of the circuit court in any such the matter shall be made within thirty days from and after the entry of such the final circuit court order.

            (e) All such hearings, upon notice to show cause why license should be revoked, or suspended, sanctioned or refused, before the commissioner shall be held in the offices of the commissioner in Charleston, Kanawha County, West Virginia, unless otherwise provided by the commissioner in such the notice or agreed upon between the licensee and the commissioner and of hearing. When such the hearing is held elsewhere than in the commissioner’s office, the licensee may be required to make deposits of the estimated costs of such the hearing.

            (f) Whenever any licensee has been convicted of any an offense constituting a violation of the laws of this state or of the United States relating to alcoholic liquor, or nonintoxicating beer, and such the conviction has become final, the clerk of the court in which such the licensee has been convicted shall forward to the commissioner a certified copy of the order or judgment of conviction if such the clerk has knowledge that the person so convicted is a licensee, together with the certification of such the clerk that the conviction is final. The commissioner shall report violations of any of the provisions of section twelve or twelve-a of this article to the prosecuting attorney of the county in which the licensed premises is located.

ARTICLE 8. SALE OF WINES.

§60-8-18. Revocation, suspension and other sanctions which may be imposed by the commissioner upon the licensee; procedure for appealing any final order of the commissioner which revokes, suspends, sanctions or denies the issuance or renewal of any license issued under this article.

            (a) The commissioner may on his or her own motion, or shall on the sworn complaint of any person, conduct an investigation to determine if any provisions of this article or any rule promulgated or any order issued by the commissioner has been violated by any licensee. After investigation, the commissioner may impose penalties and sanctions as set forth below.

            (1) If the commissioner finds that the licensee has violated any provision of this article or any rule promulgated or order issued by the commissioner, or if the commissioner finds the existence of any ground on which a license could have been refused, if the licensee were then applying for a license, the commissioner may:

            (A) Revoke the licensee’s license;

            (B) Suspend the licensee’s license for a period determined by the commissioner not to exceed twelve months; or

            (C) Place the licensee on probation for a period not to exceed twelve months; and

            (D) Impose a monetary penalty not to exceed $1,000 for each violation where revocation is not imposed.

            (2) If the commissioner finds that a licensee has willfully violated any provision of this article or any rule promulgated or any order issued by the commissioner, the commissioner shall revoke the licensee’s license.

            (b) If a supplier or distributor fails or refuses to keep in effect the bond required by section twenty-nine of this article, the commissioner shall automatically suspend the supplier or distributor’s license until the bond required by section twenty of this article is furnished to the commissioner, at which time the commissioner shall vacate the suspension.

            (c) Whenever the commissioner refuses to issue a license, or suspends or revokes a license, places a licensee on probation or imposes a monetary penalty, he or she shall enter an order to that effect and cause a copy of the order to be served in person or by certified mail, return receipt requested, on the licensee or applicant.

            (d) Any An applicant or licensee, as the case may be, adversely affected by the order has a right to a hearing before the commissioner if a written demand for hearing is served upon the commissioner within ten days following the receipt of the commissioner’s order by the applicant or licensee. Timely service of a demand for a hearing upon the commissioner operates to suspend the execution of the order with respect to which a hearing has been demanded, except an order suspending a license under the provisions of subsection (b) of this section. The person demanding a hearing shall give security for the cost of the hearing in a form and amount as the commissioner may reasonably require. If the person demanding the hearing does not substantially prevail in such the hearing or upon judicial review thereof as provided in subsections (g) and (h) of this section, then the costs of the hearing shall be assessed against him or her by the commissioner and may be collected by an action at law or other proper remedy.

            (e) Upon receipt of a timely served written demand for a hearing, the commissioner shall immediately set a date for the hearing and notify the person demanding the hearing of the date, time and place of the hearing, which shall be held within thirty days after receipt of the demand. At the hearing the commissioner shall hear evidence and thereafter enter an order supporting by findings of facts, affirming, modifying or vacating the order. Any such order is final unless vacated or modified upon judicial review thereof.

            (f) The hearing and the administrative procedure prior to, during and following the hearing shall be governed by and in accordance with the provisions of article five, chapter twenty-nine-a of this code.

            (g) Any Notwithstanding the provisions of subsection (b), section four, article five, chapter twenty-nine-a of this code, an applicant or licensee adversely affected by an a final order entered following a hearing has the right of judicial review of the order in accordance with the provisions of section four, article five, chapter twenty-nine-a of this code in the circuit court of Kanawha County West Virginia. or the circuit court in the county where the proposed or licensed premises is located and will or does conduct sales: Provided, That in all other respects, such review shall be conducted in the manner provided in chapter twenty-nine-a of this code. The petition for the review must be filed with the circuit court within thirty days following entry of the final order issued by the commissioner. An applicant or licensee obtaining judicial review is required to pay the costs and fees incident to transcribing, certifying and transmitting the records pertaining to the matter to circuit court.

            (h) The judgment of the Kanawha County circuit court reviewing the order of the commissioner is final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code.

            (i) Legal counsel and services for the commissioner in all proceedings in any circuit court and the Supreme Court of Appeals shall be provided by the Attorney General or his or her assistants and in any proceedings in any circuit court by the prosecuting attorney of that county as well, all without additional compensation.”

            The bill was then ordered to third reading.

            S. B. 507, Relating to PERS and State Police Retirement System contribution rates; on second reading, coming up in regular order, was reported by the Clerk.

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

            Com. Sub. for S. B. 527, Relating to process of filling vacancies in certain elected offices; on second reading, coming up in regular order, was read a second time.

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

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

ARTICLE 10. FILLING VACANCIES.

§3-10-1. Elections to fill vacancies.

            Except as provided in sections three and four of this article, elections to fill vacancies shall be conducted to fill any unexpired term when more than one year of the term of office remains at the time of such election. When less than one year of the term of office remains at the time of the election, the person appointed to fill the vacancy shall continue in office until the completion of the term. 

            (a) When a vacancy occurs in an elected office of the state or county, it shall be filled according to the processes set forth in this article. As used in this article, unless otherwise indicated by the context:

            (1) ‘General cutoff date’ means the eighty-fourth day before the general election that immediately precedes the general election where the office would be on the ballot for election if there were not a vacancy; and

            (2) ‘Primary cutoff date’ means the eighty-fourth day before the primary election that immediately precedes the general cutoff date.

            (b) When this article requires an appointment to fill a vacancy in an elected office, the appointment shall be made within thirty days of the vacancy, unless this code specifically states a different time period for the specific office. The term that the appointee holds the office shall depend on when the vacancy occurs, as follows:

            (1) If the vacancy occurs after the primary cutoff date, then that appointee shall hold the office until the end of the term of office: Provided, That if the vacancy for any county office or United States Senate occurs during the window after the primary cutoff date, but before the general cutoff date, the process contained in sections four, six, seven and eight of this article, depending on the specific office vacated, shall be followed; or

            (2) If the vacancy occurs on or before the primary cutoff date, then the office shall be filled at the following regular primary and subsequent general election pursuant to this article and the appointee shall hold the office until a qualified replacement is elected and certified at that general election. The elected replacement shall hold the office until the end of the original term of office.

            (c) If an election is required to fill the vacancy by subsection (b) of this section and the other provisions of this article, the election shall proceed depending on when the vacancy occurs and in which office it occurs. Elections to fill vacancies shall be held at the same places, and superintended, conducted and returned, and the result ascertained, certified and declared, in the same manner, and by the same officers, as in general elections, unless otherwise stated in this article.

            (1) For a vacancy in the Office of Governor, the times for the special elections contained in section two of this article shall control. The proclamation entered pursuant to section two of this article by the person acting as Governor, shall include the dates for the special candidate filing period, if necessary, and shall follow the requirements set forth in this section. All aspects of this section, where not in conflict with section two of this article, shall also be followed. If a regularly scheduled primary or general election fits within the times for the special elections contained in section two of this article, the special elections shall be conducted in conjunction with the regularly scheduled election or elections. If an special election is required by section two of this article and it cannot be held in conjunction with the regular election dates, then the compensation of election officers shall be reimbursed pursuant to section nine of this article.

            (2) For a vacancy in the offices of United States House of Representatives or United States Senate, the times for the special election, if necessary, contained in section four of this article shall control. All aspects of this section, where not in conflict with section four of this article, shall also be followed.

            (A) With regard to United States House of Representatives, the proclamation entered pursuant to section four of this article by the Governor, shall include the dates for the special candidate filing period, if necessary, and shall follow the requirements set forth in this section. If a regularly scheduled primary or general election fits within the times for the special elections contained in section four of this article, the special elections shall be conducted in conjunction with the regularly scheduled election or elections. If an special election is required by section two of this article and it cannot be held in conjunction with the regular election dates, then the compensation of election officers shall be reimbursed pursuant to section nine of this article.

            (B) With regard to United States Senate, if a special general election following the regular general election is required by section four of this article, and it cannot be held in conjunction with the regular election dates, then the compensation of election officers shall be reimbursed pursuant to section nine of this article.

            (3) For all other offices, the Governor, or other person granted authority by this article, shall issue a proclamation stating that the office will appear on the next regular primary election and subsequent general election, in order to fill the vacancy: Provided, That if the vacancy for any county office occurs during the window after the primary cutoff date, but before the general cutoff date, the process contained in sections six, seven and eight of this article shall be followed. If the candidate filing period for the next regular primary election has closed or has less than one week remaining, the proclamation shall provide for a special primary candidate filing period. If there are less than eighty-four days between the vacancy and the next regular primary election, then the proclamation shall state that the office will appear on the subsequent regular primary election and corresponding general election following the next regular primary election.

            (d) (1) If a special candidate filing period is necessary, it shall begin no sooner than the day after the proclamation and shall close no earlier than close of business on the fourteenth day following the proclamation. A notarized declaration of candidacy and filing fee provided by section seven, article five of this chapter, shall be filed either in person, by United States mail, electronic means or any other means authorized by the Secretary of State and received by the appropriate office before the close of the filing period. For petition in lieu of payment of filing fees, a candidate seeking nomination for the vacancy may utilize the process set forth in section eight-a, article five of this chapter: Provided, That the minimum number of signatures required is equivalent to one qualified signature per one whole dollar of the filing fee for that office.

            (2) If a primary election is required by the provisions of this article:

            (A) For all statewide, multicounty and legislative elections, drawing for the primary election ballot position will take place at the Secretary of State’s office twenty-four hours after the end of the filing period. For each major political party on the ballot, a single drawing by lot shall determine the candidate ballot position for ballots statewide. This drawing shall be witnessed by four clerks of the county commission chosen by the West Virginia Association of County Clerks, with no more than two clerks representing a single political party.

            (B) For county elections, drawing for the primary election ballot position will take place at the county clerk’s office twenty-four hours after the end of the filing period. For each major political party on the ballot, a single drawing by lot shall determine the candidate ballot position for ballots statewide. This drawing shall be witnessed by the chairperson of the county democratic and republican executive committees or their designee, and the president of the county commission or his or her designee.

            (3) Ballot position for a general election required by this article shall be determined pursuant to subdivision (3), subsection (c), section two, article six of this chapter. If a general election required by this article occurs in conjunction with a regularly scheduled primary election, the general election shall be listed along with the nonpartisan portion of each ballot in the order of offices provided for regular ballots in this chapter.

            (e) When an election is required to fill a vacancy, the date of the election and offices to be elected, as well as any other information required in the proclamation, shall be published prior to such election as a Class I-O legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be each county of the state that is eligible to vote in the election for those offices.

            (f) If an election is required by this article, the Secretary of State may issue emergency administrative orders to undertake other ministerial actions that are otherwise authorized pursuant to this code when necessary to assure the preservation of the voting rights of the citizens of this state and avoid fraudulent voting and election activities and otherwise assure the orderly and efficient conduct of the new election provided in this subsection: Provided, That emergency administrative orders may not contravene the provisions of this article.

            (g) If an election is required by this article, citizens having no party organization or affiliation may nominate candidates as provided by sections twenty-three and twenty-four of article five of this chapter: Provided, That when a election is required by the provisions of this article to be held at some time other than with a regularly scheduled election, all certificates nominating candidates shall be filed with the appropriate official no later than 90 days before the election.

            (h) The persons elected, having first duly qualified, shall enter upon the duties of their respective offices. The elected replacement shall hold the office until the end of the original term of office.

§3-10-2. Vacancy in Office of Governor.

            (a) In case of the death, conviction on impeachment, failure to qualify, resignation or other disability of the Governor, the President of the Senate shall act as Governor until the vacancy is filled or the disability removed; and if the President of the Senate, for any of the above-named causes, shall be or become incapable of performing the duties of Governor, the same shall devolve upon the Speaker of the House of Delegates; and in all other cases where there is no one to act as Governor, one shall be chosen by the joint vote of the Legislature. Whenever a vacancy shall occur in the Office of Governor before the first three years of the term shall have expired, a new election for Governor shall take place to fill the vacancy.

            (b) The new election shall consist of a special primary election and a special general election, and shall occur at such time as will permit the person elected as Governor in the new election to assume office within one year of the date the vacancy occurred: Provided, That the special general election provided in this section may not apply to section eight, article one of this chapter. Within thirty days from the date the vacancy occurs, the person acting as Governor pursuant to the State Constitution shall issue a proclamation fixing the time for a new statewide election to fill the vacancy in the Office of Governor. which shall be published prior to such election as a Class II-O legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be each county of the state. The proclamation issued by the person acting as Governor pursuant to the state Constitution shall provide for a special primary election to nominate candidates for the special general election. The special primary election to fill a vacancy in the Office of Governor shall take place no less than ninety days after the proclamation and no later than one hundred forty days from the date that the vacancy in the office occurs. The proclamation issued by the person acting as Governor pursuant to the State Constitution shall also provide for a special general election to take place no sooner than ninety days after the special primary election and no later than two hundred eighty days from the date that the vacancy in the office occurs.

            (b) The compensation of election officers, cost of printing ballots and all other reasonable and necessary expenses in holding and making the return of the new election provided in this section to fill a vacancy in the office of Governor are obligations of the state incurred by the ballot commissioners, clerks of the county commissions and county commissions of the various counties as agents of the state. All expenses of the new election are to be audited by the Secretary of State. The Secretary of State shall prepare and transmit to the county commissions forms on which the county commissions shall certify all expenses of the new election provided in this section to the Secretary of State. If satisfied that the expenses as certified by the county commissions are reasonable and were necessarily incurred, the Secretary of State shall requisition the necessary warrants from the Auditor of the state to be drawn on the State Treasurer and shall mail the warrants directly to the vendors of the new election services, supplies and facilities.

            (c) Notwithstanding the provisions of subsection (a) of this section to the contrary, for purposes of filling the vacancy that occurred in the office of Governor on November 15, 2010, a new election shall occur as follows:

            (1) Upon the effective date of this subsection, the person acting as Governor pursuant to the state Constitution shall immediately issue a proclamation calling for a special primary and general election as provided for in this subsection. For purposes of this subsection, the new elections so provided in the proclamation mean the special primary and general elections as set forth in this subsection.

            (2) The special primary election shall be held on May 14, 2011 and the special general election shall be held on October 4, 2011.

            (3) The proclamation for the special primary election and special general election shall be published prior to the special primary election and special general elections, respectively, as a Class II-0 legal advertisement in accordance with article three, chapter fifty-nine of this code and the publication area for the publication is each county of the state. The notice shall be filed with the Secretary of State who shall cause the document to be published within each county in accordance with this section.

            (4) The provisions of this chapter apply to the special primary election and special general election to the extent that those provisions are consistent with the provisions of this section. Statutory time deadlines for the purpose of the new election provided in this subsection are modified as follows:

            (A) A notarized declaration of candidacy and filing fee shall be filed and received in hand by the Secretary of State by 5:00 p.m. on the fifth calendar day following the proclamation of the special primary election. The declaration of candidacy may be filed in person, by United States mail, electronic means or any other means authorized by the Secretary of State;

            (B) The Secretary of State may issue emergency administrative orders to undertake other ministerial actions that are otherwise authorized pursuant to this code when necessary to assure the preservation of the voting rights of the citizens of this state and avoid fraudulent voting and election activities and otherwise assure the orderly and efficient conduct of the new election provided in this subsection: Provided, That emergency administrative orders may not contravene the provisions of this section;

            (C) For petition in lieu of payment of filing fees, a candidate seeking nomination for the vacancy in the office of Governor may utilize the process set forth in section eight-a, article five of this chapter: Provided, That the minimum number of signatures required is one thousand five hundred;

            (D) Drawing for special primary election ballot position will take place at the Secretary of State’s office twenty-four hours after the end of the filing period. For each major political party on the ballot, a single drawing by lot shall determine the candidate ballot position for ballots statewide. This drawing shall be witnessed by four clerks of the county commission chosen by the West Virginia Association of County Clerks, with no more than two clerks representing a single political party. Ballot position for the special general election shall be determined pursuant to subdivision (3), subsection (c), section two, article six of this chapter;

            (E) A registered voter who has not reached eighteen years of age may vote in the May 14, 2011 special primary election: Provided, That the voter will attain eighteen years of age at the time of the special general election provided in this subsection;

            (F) When paper or optical scan ballots are the primary voting method used at any county, the total number of regular official ballots printed shall equal at a minimum fifty percent of the number of registered voters eligible to vote that ballot;

            (G) When paper ballots are used in conjunction with a direct recording electronic voting system, the total number of regular official ballots printed shall equal at a minimum thirty percent of the registered voters eligible to vote that ballot;

            (H) Regularly scheduled locations of polling places may not be changed, except for situations as provided in sections seven-e and seven-f, article one of this chapter: Provided, That if multiple precincts voted in one polling location for the November 2, 2010, regularly scheduled general election, these precincts may be consolidated into a single precinct. Locations for consolidated precincts shall provide Internet access, insofar as possible, for the sole purpose of utilizing the statewide Voter Registration System (SVRS) as an electronic poll book. However, Constitutionally mandated redistricting may not take effect until the special primary election and special general election provided in this subsection are complete; and

            (I) Citizens having no party organization or affiliation may nominate candidates as provided by sections twenty-three and twenty-four of article five of this chapter: Provided, That the number of signatures required to be submitted shall be equal to not less than one-quarter of one percent of the entire vote cast at the last preceding general election for Governor. Notwithstanding the provisions of sections twenty three and twenty four of article five of this chapter, the signatures, notarized declaration of candidacy, and filing fee must be submitted no later than seven calendar days following the special primary election provided in this subsection.

            (J) For the special primary election to be held pursuant to this subsection, early voting will also be conducted from 9 a.m. to 5 p.m. on the Saturday immediately prior to the end of early voting.

            (5) The provisions of this subsection shall expire upon the election and qualification of the Governor following the October 4, 2011 special general election.

            (d) The Secretary of State shall by January 10, 2012 report to the Joint Committee on Government and Finance findings regarding of the operation of the new election undertaken pursuant to subsection (c) of this section. This report shall provide analysis of the direct and indirect costs to the state associated with the conduct of the new election.

            (c) The election shall follow the requirements of section one of this article that are not in conflict with this section.

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

            Any vacancy occurring in the offices of Secretary of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture, United States Senator, judge justice of the Supreme Court of Appeals or in any office created or made elective to be filled by the voters of the entire state, judge of a circuit court or judge of a family court is filled by the Governor of the state by appointment If the unexpired term of a judge of the Supreme Court of Appeals, a judge of the circuit court or judge of a family court is for less than two years or if the unexpired term of any other office named in this section is for a period of less than two years and six months, the appointment to fill the vacancy is for the unexpired term. If the unexpired term of any office is for a longer period than above specified, the appointment is until a successor to the office has timely filed a certificate of candidacy, has been nominated at the primary election next following such timely filing and has thereafter been elected and qualified to fill the unexpired term. Proclamation of any election to fill an unexpired term is made by the Governor of the state and, in the case of an office to be filled by the voters of the entire state, must be published prior to the election as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for the publication is each county of the state. If the election is to fill a vacancy in the office of judge of a circuit court or judge of a family court, the proclamation must be published prior to the election as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for such publication is each county in the judicial or family court circuit. and subsequent election to fill the remainder of the term, if required by section one of this article.

§3-10-3a. Judicial Vacancy Advisory Commission.

            (a) The Judicial Vacancy Advisory Commission is hereby established to shall assist the Governor in filling judicial vacancies. The commission shall meet and submit a list of no more than five nor less than two best qualified persons to the Governor within ninety days of the occurrence of a vacancy, or the formal announcement of the justice or judge by letter to the Governor of an upcoming resignation or retirement that will result in the occurrence of a vacancy, in the office of justice of the Supreme Court of Appeals, judge of an intermediate appellate court, judge of a circuit court, or judge of a family court. The Governor shall make the appointment to fill the vacancy, as required by this article, within thirty days following the receipt of the list of qualified candidates or within thirty days following the vacancy, whichever occurs later.

            (b) The commission shall consist of eight appointed members. Four public members shall be appointed by the Governor for six-year terms, except for the initial appointments which shall be staggered in accordance with subsection (c) of this section. Four attorney members shall be appointed by the Governor for six-year terms, except as provided in subsection (c) of this section, from a list of nominees provided by the Board of Governors of the West Virginia State Bar. The Board of Governors of the West Virginia State Bar shall nominate no more than twenty nor less than ten best qualified attorneys for appointment to the commission whenever there is a vacancy in the membership of the commission reserved for attorney members. The commission shall choose one of its appointed members to serve as chair for a three-year term. No more than four appointed members of the commission shall belong to the same political party. No more than three appointed members of the commission shall be residents of the same congressional district. All members of the commission shall be citizens of this state. Public members of the commission may not be licensed to practice law in West Virginia or any other jurisdiction.

            (c) Of the initial appointments made to the commission, two public members and two attorney members shall be appointed for a term ending two years after the effective date of this section, one public member and one attorney member shall be appointed for a term ending four years after the effective date of this section, and one public member and one attorney member shall be appointed for a term ending six years after the effective date of this section.

            (d) The Governor, or his or her designee, the President of the West Virginia State Bar and the Dean of the West Virginia University College of Law shall serve as ex officio members of the commission.

            (e) Members of the commission shall serve without compensation, except that commission members are entitled to reimbursement of travel and other necessary expenses actually incurred while engaged in official commission activities in accordance with the guidelines of the Travel Management Office of the Department of Administration, or its successor entity. The Governor’s Office shall cooperate with the commission to ensure that all resources necessary to carrying out the official duties of the commission are provided, including staff assistance, equipment and materials.

            (f) The commission shall adopt written policies that formalize and standardize all operating procedures and ethical practices of its members including, but not limited to, procedures for training commission members, publishing notice of judicial vacancies, recruiting qualified individuals for consideration by the commission, receiving applications from qualified individuals, notifying the public of judicial vacancies, notifying state or local groups and organizations of judicial vacancies and soliciting public comment on judicial vacancies. The written policies of the commission are not subject to the provisions of chapter twenty-nine-a of this code, but shall be filed with the Secretary of State.

            (g) A majority of the commission plus one shall constitute a quorum to do business.

            (h) All organizational meetings of the commission shall be open to the public and subject to the requirements of article nine-a, chapter six of this code. An ‘organizational meeting’ means an initial meeting to discuss the commission’s procedures and requirements for a judicial vacancy. The commission shall hold at least one organizational meeting upon the occurrence of a judicial vacancy. All other meetings of the commission are exempt from article nine-a, chapter six of this code.

            (I) The commission shall make available to the public copies of any applications and any letters of recommendation written on behalf of any applicants. All other documents or materials created or received by the commission shall be confidential and exempt from the provisions of chapter twenty-nine-b of this code, except for the list of best-qualified persons or accompanying memoranda submitted to the Governor in accordance with the provisions of subsection (j) of this section, which shall be available for public inspection, and the written policies required to be filed with the Secretary of State in accordance with subsection (f) of this section.

            (j) The commission shall submit its list of best qualified persons to the Governor in alphabetical order. A memorandum may accompany the list of best-qualified persons and state facts concerning each of the persons listed. The commission shall make copies of any list of best-qualified persons and accompanying memoranda it submits to the Governor available for public inspection.

§3-10-4. Vacancies in representation in United States Congress.

            (a) If there be is a vacancy in the representation from this state in the House of Representatives in the Congress of the United States, the Governor shall, within ten five days after the fact comes to his or her knowledge, of article three, chapter fifty-nine of this code, and the publication area for such publication shall be each county in the congressional district. In such proclamation he the Governor shall appoint some day, issue a proclamation give notice thereof by proclamation, to be published prior to such election as a Class II-O legal advertisement in compliance with the provisions setting dates for a special primary election that is not less than thirty eighty-four nor more than seventy-five one hundred twenty days from the date thereof, for holding the election to fill such vacancy. Nominations to fill such vacancy shall be made in the manner prescribed for nominating a candidate to fill a vacancy in the office of Governor, to be voted for at a special election. The congressional district executive committee of a party shall perform the duties devolving upon the state executive committee in filling a state office. of the vacancy and a special general election that is not less than eighty-four nor more than one hundred twenty days following the date of the special primary election: Provided, That no such proclamation may be made nor may a special election be held if the vacancy occurs after the eighty-fourth day prior to the regularly scheduled primary election for a new full term of the office. The election shall follow the requirements of section one of this article that are not in conflict with this section.

            (b) If there is a vacancy in the representation from this state in the Senate of the United States Congress, the vacancy shall be filled by the Governor of the state by appointment and:

            (1) If the vacancy occurs on or before the primary cutoff date, then an election shall be held pursuant to section one of this article; or

            (2) If the vacancy occurs after the primary cutoff date, but on or before the general cutoff date, then the Governor shall issue a proclamation providing for (A) a special filing period, (B) a special primary election to be held in conjunction with the upcoming general election and (C) a special general election to be held not less than eighty-four nor more than one hundred twenty days following the date of the special primary election. Each election shall follow the requirements of section one of this article that are not in conflict with this section.

§3-10-5. Vacancies in State Legislature.

            (a) Any vacancy in the office of State Senator or member of the House of Delegates shall be filled by appointment by the Governor, from a list of three legally qualified persons submitted by the party executive committee of the party with which the person holding the office immediately preceding the vacancy was affiliated. Such The list of qualified persons to fill the vacancy shall be submitted to the Governor within fifteen days after the vacancy occurs and the Governor shall duly make his or her appointment to fill the vacancy from the list of legally qualified person persons within five days after the list is received. If the list is not submitted to the Governor within the fifteen day period, the Governor shall appoint within five days thereafter a legally qualified person of the same political party as the person vacating the office.

            (b) In the case of a member of the House of Delegates, the list shall be submitted by the party executive committee of the delegate district in which the vacating member resided at the time of his or her election or appointment. The appointment to fill a vacancy in the House of Delegates is for the unexpired term.

            (c) In the case of a State Senator, the list shall be submitted by the party executive committee of the state senatorial district in which the vacating senator resided at the time of his or her election or appointment. If the unexpired term in the office of the state Senator will be for less than two years and two months, the appointment is for the unexpired term. If the unexpired term will be for a period equal to or longer than two years and two months, the appointment is until the next general election and until the election and qualification of a successor to the person appointed, at which general election the vacancy shall be filled by election for the unexpired term. Notice of an election to fill a vacancy in the office of State Senator shall be given by the Governor by proclamation and shall be published before the election as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for the publication shall be each county in the senatorial district. Nominations for candidates to fill a vacancy shall be made in the manner prescribed for nominating a candidate to fill a vacancy in the office of Governor to be voted for at a general election. The state senatorial district executive committee of the political party shall discharge the duties incident to State Senator nominations devolving upon the party state executive committee in nominating a candidate for a state office. The appointment to fill a vacancy in the State Senate is for the unexpired term, unless section one of this article requires a subsequent election to fill the remainder of the term, which shall follow the procedure set forth in section one of this article.

§3-10-6. Vacancy in office of circuit court clerk.

            (a) When a vacancy occurs in the office of clerk of the circuit court, the circuit court by a majority vote of the judges or the chief judge thereof in vacation, shall fill the same within thirty days of the vacancy by appointment of a person of the same political party as the officeholder vacating the office until the next general election, or until the completion of the term if the term ends on December 31, following the next general election. The person so appointed shall hold office until his or her successor is elected and qualified. At the general election, a clerk shall be elected for the unexpired term if the unexpired term is greater than one year for the period required by section one of this article.

            (b) Notwithstanding any code provision to the contrary, the chief judge may appoint a temporary successor to the office of clerk of the circuit court until the requirements of this section have been met. The temporary successor may serve no more than thirty days from the date of the vacancy.

            The (c) If an election is necessary, the circuit court, or the chief judge thereof in vacation, shall cause a notice of the election to be published prior to the election as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. The publication area for the publication shall be the county is responsible for the proper proclamation, by order and notice required by section one of this article.

            candidates to fill the vacancy shall be nominated at the primary election in accordance with the time requirements and the provisions and procedures prescribed in section eleven, article five of this chapter. If (d) Section one of this article shall be followed with respect to any election needed to fill a vacancy, except that if If the vacancy occurs no later than the eighty-fourth day before the primary election held to nominate candidates to be voted for at the general election, at which any vacancy is to be filled, the vacancy occurs after the eighty-fourth day before the primary cutoff date but not later than the eighty-fourth day before the general election, they general cutoff date, candidates to fill the vacancy shall be nominated by the county executive committee in the manner provided in section nineteen, article five of this chapter, as in the case of filling vacancies in nominations, and the names of the persons, so nominated and certified to the clerk of the county commission of the county, shall be placed upon the ballot to be voted at the next general election.

§3-10-7. Vacancies in offices of county commissioner and clerk of county commission.

            (a) Any vacancy in the office of county commissioner or clerk of county commission shall be filled by the county commission of the county, unless the number of vacancies in a county commission deprive that body of a quorum, in which case the Governor of the state shall fill any vacancy in the county commission necessary to create a quorum thereof. Persons appointed shall be of the same political party as the officeholder vacating the office and shall continue in office until the next general election is certified, or until the completion of the term if the term ends on December 31, following the next general election: Provided, That in the event for the period stated by section one of this article. If a quorum of the county commission cannot agree upon a person to fill a vacancy in the office of county commissioner within thirty days of the date the vacancy first occurred, the county executive committee of the vacating county commissioner’s political party shall select and name a person to fill the vacancy from the membership of the vacating county commissioner’s political party. The clerk shall be appointed within 30 days of the vacancy.

            Notice of the election shall be given by order of the county commission and published as prescribed in section six of this article. 

            (b) Notwithstanding any code provision to the contrary, a county commission may appoint a temporary successor to the office of clerk of the county commission until the requirements of this section have been met. The temporary successor may serve no more than thirty days from the date of the vacancy.

            (c) If an election is necessary under section one of this article, the county commission, or the president thereof in vacation, shall be responsible for the proper proclamation, by order, and notice required by section one of this article.

            (d) Section one of this article shall be followed with respect to any election needed to fill a vacancy, except that if the vacancy occurs after the primary cutoff date but not later than the general cutoff date, candidates to fill the vacancy shall be nominated by the county executive committee in the manner provided in section nineteen, article five of this chapter, as in the case of filling vacancies in nominations, and the names of the persons, so nominated and certified to the clerk of the county commission of the county, shall be placed upon the ballot to be voted at the next general election. Nomination of candidates to fill the office for an unexpired term in the office of county commissioner or clerk of the county commission shall be made in the manner prescribed for making nominations to fill a vacancy in the office of the clerk of the circuit court.

            (e) In the event that If the election for an unexpired term is held at the same time as the election for a full term for county commissioner, the full term shall be counted first and the unexpired term shall be counted second. If the candidate with the highest number of votes for the unexpired term resides in the same magisterial district as the candidate with the highest number of votes for the full term, the candidate for the full term shall be seated. The candidate with the next highest number of votes for the unexpired term residing in a different magisterial district shall be seated for the unexpired term.

§3-10-8. Vacancies in offices of prosecuting attorney, sheriff, assessor and surveyor.

            (a) Any vacancy occurring in the office of prosecuting attorney, sheriff, assessor or county surveyor shall be filled by the county commission within thirty days of the vacancy by appointment of a person of the same political party as the officeholder vacating the office. The appointed person shall hold the office until the next general election is certified, or until the completion of the term if the term ends on December 31, following the next general election Notice of an election to fill a vacancy in any of the offices named in this section shall be given by the county commission, or by the president thereof in vacation, and published or posted in the manner prescribed in section six of this article. Nomination of candidates to fill any vacancy shall be made in the manner prescribed in section six of this article for nominating candidates to fill a vacancy in the office of the clerk of the circuit court. for the period stated by section one of this article.

            (b) Notwithstanding any code provision to the contrary, a county commission may appoint a temporary successor to the office of prosecuting attorney, sheriff, assessor or county surveyor until the requirements of this section have been met. The temporary successor may serve no more than thirty days from the date of the vacancy.

            (c) If an election is necessary under section one of this article, the county commission, or the president thereof in vacation, shall be responsible for the proper proclamation, by order, and notice required by section one of this article.

            (d) Section one of this article shall be followed with respect to any election needed to fill a vacancy, except that if the vacancy occurs after the primary cutoff date but not later than the general cutoff date, candidates to fill the vacancy shall be nominated by the county executive committee in the manner provided in section nineteen, article five of this chapter, as in the case of filling vacancies in nominations, and the names of the persons, so nominated and certified to the clerk of the county commission of the county, shall be placed upon the ballot to be voted at the next general election.

§3-10-9. Costs of special elections paid by state.

            If an election as required by sections two or four of this article cannot be held in conjunction with the regular election dates, then the cost of printing ballots and all other reasonable and necessary expenses in holding and making the return of the new election to fill a vacancy are obligations of the state incurred by the ballot commissioners, clerks of the county commissions and county commissions of the various counties as agents of the state. All expenses of the new election are to be audited by the Secretary of State. The Secretary of State shall prepare and transmit to the county commissions forms on which the county commissions shall certify all expenses of the new election to the Secretary of State. If satisfied that the expenses as certified by the county commissions are reasonable and were necessarily incurred, the Secretary of State shall requisition the necessary warrants from the Auditor of the state to be drawn on the State Treasurer and shall mail the warrants directly to the vendors of the new election services, supplies and facilities.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 564, Increasing minimum construction cost of municipal public works project before competitive bidding is required; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page three, section five, line twenty-five, by striking out the words “purchase of materials”, and on lines thirty-one through thirty-four, by striking out the underscored language.

            The bill was then ordered to third reading.

            S. B. 601, Removing requirement certain juvenile proceedings be sealed; on second reading, coming up in regular order, was read a second time.

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

            “That §49-5-2 and §49-5-18 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 5. JUVENILE PROCEEDINGS.

§49-5-2. Juvenile jurisdiction of circuit courts, magistrate courts and municipal courts; constitutional guarantees; hearings; evidence and transcripts.

            (a) The circuit court has original jurisdiction of proceedings brought under this article.

            (b) If during a criminal proceeding in any court it is ascertained or appears that the defendant is under the age of nineteen years and was under the age of eighteen years at the time of the alleged offense, the matter shall be immediately certified to the juvenile jurisdiction of the circuit court. The circuit court shall assume jurisdiction of the case in the same manner as cases which are originally instituted in the circuit court by petition.

            (c) Notwithstanding any other provision of this article, magistrate courts have concurrent juvenile jurisdiction with the circuit court for a violation of a traffic law of West Virginia, for a violation of section nine, article six, chapter sixty, section three or section four, article nine-a, chapter sixteen, or section nineteen, article sixteen, chapter eleven of this code, or for any violation of chapter twenty of this code. Juveniles are liable for punishment for violations of these laws in the same manner as adults except that magistrate courts have no jurisdiction to impose a sentence of incarceration for the violation of these laws.

            (d) Notwithstanding any other provision of this article, municipal courts have concurrent juvenile jurisdiction with the circuit court for a violation of any municipal ordinance regulating traffic, for any municipal curfew ordinance which is enforceable or for any municipal ordinance regulating or prohibiting public intoxication, drinking or possessing alcoholic liquor or nonintoxicating beer in public places, any other act prohibited by section nine, article six, chapter sixty or section nineteen, article sixteen, chapter eleven of this code or underage possession or use of tobacco or tobacco products, as provided in article nine-a, chapter sixteen of this code. Municipal courts may impose the same punishment for these violations as a circuit court exercising its juvenile jurisdiction could properly impose, except that municipal courts have no jurisdiction to impose a sentence of incarceration for the violation of these laws.

            (e) A juvenile may be brought before the circuit court for proceedings under this article only by the following means:

            (1) By a juvenile petition requesting that the juvenile be adjudicated as a status offender or a juvenile delinquent; or

            (2) By certification or transfer to the juvenile jurisdiction of the circuit court from the criminal jurisdiction of the circuit court, from any foreign court, or from any magistrate court or municipal court in West Virginia.

            (f) (1) If a juvenile commits an act which would be a crime if committed by an adult, and the juvenile is adjudicated delinquent for that act, the jurisdiction of the court which adjudged the juvenile delinquent continues until the juvenile becomes twenty-one years of age. The court has the same power over that person that it had before he or she became an adult, and has the further power to sentence that person to a term of incarceration: Provided, That any such term of incarceration may not exceed six months. This authority does not preclude the court from exercising criminal jurisdiction over that person if he or she violates the law after becoming an adult or if the proceedings have been transferred to the court’s criminal jurisdiction pursuant to section ten of this article.

            (2) If a juvenile is adjudicated as a status offender because he or she is habitually absent from school without good cause, the jurisdiction of the court which adjudged the juvenile a status offender continues until either the juvenile becomes twenty-one years of age, completes high school, completes a high school equivalent or other education plan approved by the court, or the court otherwise voluntarily relinquishes jurisdiction, whichever occurs first. If the jurisdiction of the court is extended pursuant to this subdivision, the court has the same power over that person that it had before he or she became an adult: Provided, That no person so adjudicated who has attained the age of nineteen may be ordered to attend school in a regular, non-altenative setting.

            (g) A juvenile is entitled to be admitted to bail or recognizance in the same manner as an adult and shall be afforded the protection guaranteed by Article III of the West Virginia Constitution.

            (h) A juvenile has the right to be effectively represented by counsel at all stages of proceedings under the provisions of this article. If the juvenile or the juvenile’s parent or custodian executes an affidavit showing that the juvenile cannot afford an attorney, the court shall appoint an attorney, who shall be paid in accordance with article twenty-one, chapter twenty-nine of this code.

            (i) In all proceedings under this article, the juvenile shall be afforded a meaningful opportunity to be heard. This includes the opportunity to testify and to present and cross-examine witnesses. The general public shall be excluded from all proceedings under this article except that persons whose presence is requested by the parties and other persons whom the circuit court determines have a legitimate interest in the proceedings may attend: Provided, That in cases in which a juvenile is accused of committing what would be a felony if the juvenile were an adult, an alleged victim or his or her representative may attend any related juvenile proceedings, at the discretion of the presiding judicial officer: Provided, however, That in any case in which the alleged victim is a juvenile, he or she may be accompanied by his or her parents or representative, at the discretion of the presiding judicial officer.

            (j) At all adjudicatory hearings held under this article, all procedural rights afforded to adults in criminal proceedings shall be afforded the juvenile unless specifically provided otherwise in this chapter.

            (k) At all adjudicatory hearings held under this article, the rules of evidence applicable in criminal cases apply, including the rule against written reports based upon hearsay.

            (l) Except for res gestae, extrajudicial statements made by a juvenile who has not attained fourteen years of age to law-enforcement officials or while in custody are not admissible unless those statements were made in the presence of the juvenile’s counsel. Except for res gestae, extrajudicial statements made by a juvenile who has not attained sixteen years of age but who is at least fourteen years of age to law-enforcement officers or while in custody, are not admissible unless made in the presence of the juvenile’s counsel or made in the presence of, and with the consent of, the juvenile’s parent or custodian, and the parent or custodian has been fully informed regarding the juvenile’s right to a prompt detention hearing, the juvenile’s right to counsel, including appointed counsel if the juvenile cannot afford counsel, and the juvenile’s privilege against self-incrimination.

            (m) A transcript or recording shall be made of all transfer, adjudicatory and dispositional hearings held in circuit court. At the conclusion of each of these hearings, the circuit court shall make findings of fact and conclusions of law, both of which shall appear on the record. The court reporter shall furnish a transcript of the proceedings at no charge to any indigent juvenile who seeks review of any proceeding under this article if an affidavit is filed stating that neither the juvenile nor the juvenile’s parents or custodian have the ability to pay for the transcript.

§49-5-18. Confidentiality of juvenile records.

            (a) One year after the juvenile’s eighteenth birthday, or one year after personal or juvenile jurisdiction has terminated, whichever is later, the records of a juvenile proceeding conducted under this chapter, including, but not limited to, law-enforcement files and records, shall be may be sealed by operation of law kept in a separate secure confidential place and the records may not be inspected except by order of the circuit court.

            (b) The records of a juvenile proceeding in which a juvenile was transferred to criminal jurisdiction pursuant to the provisions of section ten of this article shall be sealed by operation of law kept in a separate secure confidential place and the records may not be inspected except by order of the circuit court if the juvenile is subsequently acquitted or found guilty only of an offense other than an offense upon which the waiver or order of transfer was based, or if the offense upon which the waiver or order of transfer was based is subsequently dismissed.

            (c) To seal keep the confidentiality of juvenile records, they shall be returned to the circuit court in which the case was pending and be kept in a separate confidential file. The records shall be physically marked to show that they have been sealed are to remain confidential and shall be securely sealed kept and filed in such a manner so that no one can have access to determine the identity of the juvenile, except upon order of the circuit court.

            (d) Sealed records may not be opened except upon order of the circuit court.

            (e) Sealing of juvenile records

            (d) Marking the juvenile records to show they are to remain confidential has the legal effect of extinguishing the offense as if it never occurred.

            (f) (e) The records of a juvenile convicted under the criminal jurisdiction of the circuit court pursuant to subdivision (1), subsection (d), section ten of this article may not be sealed marked and kept as confidential.

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

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 630, Relating to Chief Technology Officer’s duties with regard to security of government information; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            S. B. 652, Requiring criminal background checks for home inspector applicants; 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 four, section five-b, line forty-two, by striking out the word “may” and inserting in lieu thereof, the word “shall” and on line forty-six after the word “section”, by inserting “and may deny licensing, registration, or certification based upon the results of the criminal history record check”and a period.

            The bill was then ordered to third reading.

First ReadingThe 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. 521, Creating amnesty program for certain drivers with suspended or revoked licenses,

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

            And,

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

Miscellaneous Business

            Delegate Howell noted to the Clerk that he was absent when the votes were taken on S. B. 65, S. B. 82, S. B. 194, Com. Sub. for S. B. 195, Com. Sub. for S. B. 200, Com. Sub. for S. B. 202, S. B. 331, Com. Sub. for S. B. 369, Com. Sub. for S. B. 386, Com. Sub. for S. B. 401 and S. B. 407, and that had he been present, he would have voted “Yea” thereon. The Delegate also noted to the Clerk that he was absent when the votes were taken on Com. Sub. for S. B. 243, Com. Sub. for S. B. 250, Com. Sub. for S. B. 265, Com. Sub. for S. B. 270, Com. Sub. for S. B. 281, Com. Sub. for S. B. 355, Com. Sub. for S. B. 371 and Com. Sub. for S. B. 426 and had he been present he would have voted “Nay” thereon.

            Delegate Walters noted to the Clerk that he was absent when the votes were taken on Roll Nos. 284, 285, 286, 287 and 290, and that had he been present, he would have voted “Nay” thereon.

He also noted to the Clerk that he was absent when the votes were taken on Roll Nos. 281, 282, 283, 288 and 289, and had he been present he would have voted “Yea” thereon.

Leaves of Absence

            At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day was granted Delegate J. Nelson.

            At 8:24 p.m., the House of Delegates adjourned until 11:00 a.m., Saturday, April 13, 2013.

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