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Eighty-first Legislature

Second Regular Session

Held at Charleston

Published by the Clerk of the House


West Virginia Legislature

JOURNAL

of the

House of Delegates

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__________*__________



 

Thursday, March 6, 2014

FIFTY-EIGHTH DAY

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

 

 

            The House of Delegates met at 12:00 noon, and was called to order by the Honorable Timothy R. Miley, Speaker.

            Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

            The Clerk proceeded to read the Journal of Wednesday, March 5, 2014, being the first order of business, when the further reading thereof was dispensed with and the same approved.

            At the request of Delegate White, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests for presentations by the House.

Committee Reports

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

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. B. 420, Relating to data sharing in P-20W Longitudinal Data System,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.

            At the respective requests of Delegate White, and by unanimous consent, the bill (Com. Sub. for S. B. 420) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance.

            Chairman Wells, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 6th day of March, 2014, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

            (H. B. 4350), Providing for the awarding of a West Virginia Veterans Medal and ribbon, and a West Virginia Service Cross and ribbon to certain qualifying West Virginia Veterans, and

            (H. B. 4504), Providing for sharing juvenile records in certain circumstances with another state.

Resolutions Introduced

            Delegates A. Evans and Sponaugle offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 124 - “Requesting that bridge number 12-220-4.38 (12A068) on U. S. Route 220, also known as Franklin Pike, that crosses North Mill Creek, in Grant County, West Virginia, be named the ‘U. S. Army Captain John Bond Memorial Bridge’.”

            Whereas, Captain Bond was born on April 18, 1818, died October 23, 1892 and is buried in Bond Cemetery, Brushy Run, West Virginia; and

            Whereas, Captain Bond was Justice of the Peace from 1852 to 1859 and was also Coroner of Pendleton County; and

            Whereas, Captain Bond served in Company A, West Virginia State Troops from 1862 to 1863 as part of the loyal Virginia troops, which were also known as the Home Guard; and

            Whereas, Company A was made up of approximately fifty-three men from the area now known as Franklin Pike, but at the time was called North Mill Creek; and

            Whereas, The local Home Guard was involved in several skirmishes around the Petersburg and the North Mill Creek area with the Confederate McNeill’s Rangers from the Moorefield area. They also were involved in transporting supplies from the then closest railroad station at New Creek Station, now known as Keyser; and

            Whereas, It is fitting that an enduring memorial be established to commemorate Union Army Captain John Bond representing Company A of the West Virginia State Troops who ably served their country in its time of greatest need; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 12-220-4.38 (12A068) on U. S. Route 220, also known as Franklin Pike, that crosses North Mill Creek, in Grant County, West Virginia, the “U. S. Army Captain John Bond Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “U. S. Army Captain John Bond Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and Randy Ours, Commander, 7th West Virginia Infantry Camp 37, Sons of Union Veterans of the Civil War.

            Delegates Guthrie, Perdue, L. Phillips, Marshall, Caputo, Barrett and Iaquinta offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 125 - “Requesting the Joint Committee on Government and Finance authorize a study on how West Virginia can close its water’s edge loophole and recoup moneys lost due to the shifting of business profits to offshore tax havens.”

            Whereas, The U.S. Public Interest Research Group estimates that states lose roughly $1 billion annually in tax revenue; and

            Whereas, The U.S. Public Interest Research Group estimates West Virginia’s annual lost tax revenue due to the use of offshore tax havens to be $9.6 million; and

            Whereas, The U.S. Public Interest Research Group report notes that the closing of Montana’s water’s edge loophole allowed it to collect $7.2 million in corporate taxes that would have otherwise gone uncollected in 2010, the last year for which data are available; and

            Whereas, The U.S. Public Interest Research Group report notes that after the closing of Oregon’s water’s edge loophole in 2013, the state’s Legislative Revenue Office expects the state will collect $18 million in corporate taxes in the 2014 tax year that would have otherwise gone uncollected, and that it estimates the state will collect an additional $42 million the 2015-2017 biennium; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study how West Virginia can close its water’s edge loophole and recoup moneys lost due to the shifting of business profits to offshore tax havens; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, 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 and to prepare and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

            Delegates Guthrie, Young, Barrett, Sponaugle, Skinner, Lawrence, Barker, Lynch, Campbell, Moye, Marshall, Craig, Hartman, Iaquinta, Morgan, Perry, Pethtel, L. Phillips, M. Poling, Poore, Reynolds, Skaff, P. Smith, Staggers, Stephens, Walker, Wells and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 126 - “Requesting the Joint Committee on Government and Finance to authorize a study on approaches the state may take to prepare a master plan for providing broadband service in underserved and unserved areas of the state.”

            Whereas, A Federal Communications Commission report deemed West Virginia forty-eighth among the states in terms the percentage of the population with access to broadband; and

            Whereas, The U.S. Department of Agriculture and U.S. Department of Commerce have both found that wages, jobs and the number of businesses grows faster in counties with broadband access than in counties that lack broadband access; and

            Whereas, West Virginia’s rural nature and unique terrain pose challenges to providing broadband access; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study approaches the state may take to prepare a master plan for providing broadband service in underserved and unserved areas of the state; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, 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 and to prepare and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

Petitions

            Delegate Eldridge presented a petition on behalf of her constituents, supporting the passage of a multi-year salary increase for all school employees; which was referred to the Committee on Finance.

Daily 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. 15, Requesting DOH name bridge on Rt. 2, Cabell County, “U. S. Army PFC Homer ‘Clyde’ Farley and U. S. Army PFC Max O. Farley Memorial Bridge”,

            Com. Sub. for S. C. R. 17, Requesting DOH name bridge in Greenbrier County “U. S. Army Sgt. James Lee Holcomb Memorial Bridge”,

            Com. Sub. for S. C. R. 19, Requesting DOH name bridge in Lincoln County “U. S. Army Sergeant Paul Norman Chapman Memorial Bridge”,

            S. C. R. 20, Recognizing value and importance of state’s innovation industry,

            Com. Sub. for S. C. R. 21, Requesting DOH name bridge in Raleigh County “U. S. Army PFC Shelby Dean Stover Memorial Bridge”,

            And,

            S. C. R. 27, Urging President and Congress establish provisions to prevent and respond to chemical spills in state and national waters.

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

            Com. Sub. for S. C. R. 28, Requesting DOH name road in Logan County “Joshua Walls Memorial Highway”; coming up in regular order, as unfinished business, was reported by the Clerk.

            An amendment, recommended by the Committee on Rules, was reported by the Clerk and adopted, amending the resolution on page one, line fourteen, by striking out the words “all deceased” and inserting in lieu thereof the word “(deceased)”.

            The resolution was then adopted.

            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. C. R. 41, Requesting DOH name portion of Rt. 83 in McDowell County “U. S. Army MSG Joe C. Alderman Memorial Road”; coming up in regular order, as unfinished business, was reported by the Clerk.

            An amendment, recommended by the Committee on Rules, was reported by the Clerk and adopted, amending the resolution on page one, by striking out everything after the title and inserting in lieu thereof the following:

            Whereas, MSGT Alderman was born in Bartley, McDowell County, on September 11, 1940; and

            Whereas, MSGT Alderman enlisted in the Army in 1958 following his graduation from Big Creek High School; and

            Whereas, MSGT Alderman began his career with the Army Special Forces in 1962; and

            Whereas, During his time in the Special Forces, MSGT Alderman spent seven years on special detachments in Vietnam; and

            Whereas, MSGT Alderman’s awards and honors include the Silver Star, Legion of Merit, Soldier’s Medal, six Bronze Stars, the Meritorious Service Medal, five Air Medals, the Joint Service Medal, six Army Commendation Medals and three Purple Hearts. Other awards from his time in Vietnam include the Special Service Medal for Heroism, the Cross of Gallantry with a Silver Star, two Bronze Stars and the Armed Forces Honor Medal; and

            Whereas, MSGT Alderman retired in November, 1980, and his career achievements were marked with his induction into the Ranger Hall of Fame in 1998; and

            Whereas, It is fitting to honor MSGT Alderman’s life and service by naming the stretch of West Virginia Route 83 after him; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the stretch of West Virginia Route 83 between its intersection with West Virginia Route 16 at Yukon, McDowell County, and its intersection with County Road 83/03 in Bartley, McDowell County, the ‘U. S. Army MSGT Joe C. Alderman Memorial Road’; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the road as the ‘U. S. Army MSGT Joe C. Alderman Memorial Road’; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of Transportation, the Commissioner of Highways and MSGT Alderman’s surviving relatives.”

            And by amending the title of the resolution to read as follows:

            Com. Sub. for S. C. R. 41, “Requesting DOH name portion of Rt. 83 in McDowell County ‘U. S. Army MSGT Joe C. Alderman Memorial Road’.”

            There being no further amendments, the resolution was then adopted.

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

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

            Com. Sub. for S. C. R. 44, Requesting DOH name bridge in Marion County “Sheriff Junior Slaughter Memorial Bridge”,

            H. C. R. 85, Requesting the Joint Committee on Government and Finance to schedule the October, 2014, Legislative Interim Committee meetings in Morgantown,

            H. C. R. 90, Requesting the West Virginia Department of Education and the School Building Authority to athletic facilities at Tug Valley High School,

            H. C. R. 94, Designating April 2 as West Virginia Autism Awareness Day,

            H. C. R. 96, Requesting the Joint Committee on Government Organization and Finance study policies ensuring that licensed athletic trainers are available during practices and games to all interscholastic student athletes in West Virginia,

            H. C. R. 100, Requesting the Joint Committee on Government and Finance study study ways to improve the efficiency of and find other cost saving measures within the West Virginia Division of Highways,

            H. C. R. 102, Urging the West Virginia Division of Natural Resources to continue indefinitely its regulatory policy of permitting only bow hunting during designated deer hunting seasons in Logan, McDowell, Mingo and Wyoming counties,

            H. C. R. 106, Requesting the Joint Committee on Government and Finance conduct a study concerning the potential implementation of a Deferred Retirement Option Plan for troopers and employees of the West Virginia State Police,

            H. C. R. 108, Requesting the Joint Committee on Government and Finance authorize a study on repealing unnecessary or obsolete boards, councils, committees, panels, task forces and commissions,

            H. C. R. 109, Requesting the Joint Committee on Government and Finance authorize a study on the State Athletic Commission,

            H. C. R. 117, Requesting the Joint Committee on Government and Finance authorize a study on continuing the Office of Emergency Medical Services as an independent office within the Department of Military Affairs and Public Safety,

            H. C. R. 118, Requesting the Joint Committee on Government and Finance to study the allocation of behavioral health spending on community-based support services,

            And,

            H. C. R. 119, Requesting the Joint Committee on Government and Finance to study the authorization of cities and municipalities to provide a private-public financing option for small businesses and commercial property owners 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.

Third ReadingS. B. 375, Excluding certain personal property from TIF assessment; on third reading, coming up in regular order, was, at the request of Delegate White, and by unanimous consent, laid over.

            Com. Sub. for S. B. 376, Requiring certain construction workers complete OSHA safety program; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 282), and there were--yeas 91, nays 4, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Andes, Gearheart, Householder and Howell.

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Perdue and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 376) passed.

            Delegate White moved that the bill take effect July 1, 2014.

            On this question, the yeas and nays were taken (Roll No. 283), and there were--yeas 92, nays 3, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Gearheart, Householder and Howell.

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Perdue and Raines.

            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. 376) takes effect July 1, 2014.

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

            Com. Sub. for S. B. 387, Clarifying duly authorized officers have legal custody of their prisoners while in WV; 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. 284), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Perdue and Raines.

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

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

            S. B. 394, Redesignating Health Sciences Scholarship Program as Health Sciences Service Program; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 285), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Perdue and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 394) passed.

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

            Com. Sub. for S. B. 397, Expanding scope of activities considered financial exploitation of elderly; 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. 286), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Perdue and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 397) 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. 427, Relating to motor vehicle insurance; 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. 287), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Perdue and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 427) 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. 456, Extending expiration date for health care provider tax 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. 288), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Perdue and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 456) passed.

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

            On this question, the yeas and nays were taken (Roll No. 289), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Perdue and Raines.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 456) 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. 558, Finding and declaring certain claims against state; 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. 290), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Perdue and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 558) passed.

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

            On this question, the yeas and nays were taken (Roll No. 291), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Perdue and Raines.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 558) takes effect from its passage.

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

            Com. Sub. for S. B. 579, Creating Land Reuse Agency Authorization 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. 292), and there were--yeas 79, nays 16, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Anderson, Armstead, Arvon, Border, Butler, Cowles, Ellington, Espinosa, Faircloth, Folk, Householder, Howell, Kump, Lane, R. Smith and Sobonya.

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Perdue and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 579) 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. 600, Relating to municipal ordinance compliance regarding dwellings unfit for habitation and vacant buildings and properties; 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. 293), and there were--yeas 82, nays 13, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Armstead, Cadle, Cowles, Espinosa, Faircloth, Householder, Howell, Kump, Lane, Reynolds, R. Smith, Sobonya and Walters.

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Perdue and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 600) passed.

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

            Com. Sub. for S. B. 602, Requiring health care providers wear ID badges; 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. 294), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Ellem.

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Perdue and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 602) passed.

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

            H. B. 4621, Expiring funds to the Board of Risk and Insurance Management, Patient Injury Compensation Fund from the Board of Risk and Insurance Management Medical Liability Fund; 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. 295), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Perdue and Raines.

            So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4621) passed.

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

            On this question, the yeas and nays were taken (Roll No. 296), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Perdue and Raines.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4621) takes effect from its passage.

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

Second ReadingS. B. 3, Creating Uniform Real Property Transfer on Death Act; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 133, Authorizing DEP promulgate legislative rules; on second reading, coming up in regular order, was read a second time.

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

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

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

            (a) The legislative rule filed in the State Register on May 6, 2013, authorized under the authority of section six, article six-a, chapter twenty-two of this code, approved for promulgation by the Legislature on April 12, 2013, relating to the Department of Environmental Protection (horizontal well development, 35 CSR 8), is authorized with the following amendment:

            On pages ten and eleven, by striking out all of subdivision 5.7.a. and inserting in lieu thereof a new subdivision 5.7.a. to read as follows:

            5.7.a. All applications for well work permits shall be accompanied by a well site safety plan to address proper safety measures to be employed for the protection of persons on the well site, as well as the general public in the area surrounding the well site. Each plan shall be specific to the well site described in the permit application and include the surrounding area. The plan shall encompass all aspects of the operation, including the actual well work for which the permit is sought, the anticipated MSDS for the chemical components added to the hydraulic fracturing fluid, and completion, production, and work-over activities. It shall be made available on the well site during all phases of the operation and provide an emergency point of contact and twenty-four (24)-hour contact information for the well operator. At least seven (7) days before commencement of well work or site preparation work that involves any disturbance of the land, the well operator shall provide a copy of the well site safety plan to the local emergency planning committee (LEPC) for the emergency planning district in which the well work will occur or to the county office of emergency services. The operator shall also provide one copy of the Well Site Safety Plan to the surface owner, any water purveyor and any surface owner subject to notice and water testing as provided in section 15 of this rule: Provided, That in the event the Well Site Safety Plan previously provided to a surface owner, water purveyor or surface owner, is later amended, in whole or in part, the operator shall provide a copy of the amendments to the surface owner, water purveyor or surface owner. The operator should work closely with the local first responders to familiarize them with potential incidents that are related to oil and gas development, so that the local first responders have the information they need to provide the support necessary for the operator to implement the well site safety plan. The well site safety plan shall include, at a minimum, the information contained in subdivisions 5.7.b. through 5.7.h.

            (b) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (ambient air quality standards, 45 CSR 8), is authorized.

            (c) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section four, article five, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 4, 2013, relating to the Department of Environmental Protection (permits for construction and major modification of major stationary sources for the prevention of significant deterioration of air quality, 45 CSR 14), is authorized.

            (d) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (standards of performance for new stationary sources, 45 CSR 16), is authorized.

            (e) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (control of air pollution from combustion of solid waste, 45 CSR 18), is authorized.

            (f) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (permits for construction and major modification of major stationary sources which cause or contribute to nonattainment areas, 45 CSR 19), is authorized.

            (g) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (control of air pollution from hazardous waste treatment, storage or disposal facilities, 45 CSR 25), is authorized.

            (h) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (emission standards for hazardous air pollutants, 45 CSR 34), is authorized.

            (i) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section four, article eleven, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 27, 2013, relating to the Department of Environmental Protection (requirements governing water quality standards, 47 CSR 2), is authorized with the following amendment:”

            On page thirty-seven, parameter 8.1, by striking out the words “For water with pH <6.5 or >9.0”.

            And,

            On page thirty-seven, by striking out all of parameters 8.1.1 and 8.1.2.

            (j) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section seven, article eleven, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 18, 2013, relating to the Department of Environmental Protection (state certification of activities requiring federal licenses and permits, 47 CSR 5A), is authorized.

            (k) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section three, article twenty-two, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 17, 2013, relating to the Department of Environmental Protection (voluntary remediation and redevelopment, 60 CSR 3), is authorized, with the following amendment:

            On page two, subsection 2.22., line twenty-one, following the words “refers to a”, by striking the “A”; and

            On page three, subsection 2.35., line twenty-six, by striking the words “Section 3 of Article 22”; and

            On page nine, paragraph 4.3.d.6., line thirty-five, by striking the character “2” at the beginning of the line; and

            On page nine, paragraph 4.3.d.6., line forty-five, following the words “greater than”, by striking the character “2”; and

            On page ten, subdivision 5.1.d., line three, following the words “W.Va. Code §22-22”, by inserting a hyphen and the words ‘1, et seq.’; and

            On page fourteen, subdivision 5.3.k., line four, following the words “and practical knowledge”, by striking out the semi-colon; and

            On page fifteen, subdivision 5.5.e., line three, by striking out the word “thirty” at the beginning of the line; and

            On page nineteen, subparagraph 7.4.b.21.A., line twenty, by renumbering the subparagraph as 7.4.b.1.A.; and

            On page nineteen, subparagraph 7.4.b.31.B., line twenty-four, by renumbering the subparagraph as 7.4.b.1.B.; and

            On page nineteen, subparagraph 7.4.b. .1.C., line twenty-nine, by renumbering the subparagraph as 7.4.b.1.C.; and

            On page nineteen, paragraph 7.4.b.52., line thirty-three, by renumbering the paragraph as 7.4.b.2.; and

            On page nineteen, subparagraph 7.4.b.62.A., line thirty-eight, by renumbering the subparagraph as 7.4.b.2.A.; and

            On page twenty, subparagraph 7.4.b.72.B, line one, by renumbering the subparagraph as 7.4.b.2.B.; and

            On page twenty, paragraph 7.4.b.83., line five, by renumbering the it as subparagraph 7.4.b.2.C.; and

            On page twenty, subparagraph 7.4.b.105, line fifteen, by renumbering the subparagraph as 7.4.b.2.D.; and

            On page thirty-six, paragraph 10.2.b., at the beginning of line sixteen, by striking the “5”, before the words “five days”; and

            On page thirty-eight, subdivision 11.4., line six, following the words “have been submitted to the”, by striking the word “Division” and inserting in lieu thereof the word “Department”; and

            On page thirty-eight, paragraph 12.2.a., line thirty-six, following the words “applicant and determine within”, by striking the word “sixty”; and

            On page thirty-nine, paragraph 12.2.c., line fifteen, following the words “final report was properly issued, he”, by inserting the words “or she”.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 155, Authorizing DHHR promulgate legislative rules; on second reading, coming up in regular order, was read a second time.

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

§64-5-1. Department of Health and Human Resources.

            (a) The legislative rule filed in the State Register on July 29, 2013, authorized under the authority of section eleven, article five-o, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 8, 2013, relating to the Department of Health and Human Resources (medication administration by unlicensed personnel, 64 CSR 60), is authorized with the following amendment:

            On page four, paragraph 2.13.a.4 after the word “appliances” by changing the semicolon to a period striking out the word “and”.

            (b) The legislative rule filed in the State Register on July 29, 2013, authorized under the authority of section four, article two-b, chapter forty-nine of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 3, 2013, relating to the Department of Health and Human Resources (child care centers’ licensing, 78 CSR 1), is authorized, with the following amendment:

            On page nine, subdivision 4.2.b, by removing the word “thirty”, the left parenthesis, the number “30” and the right parenthesis, and inserting in lieu thereof, the word “ninety”, the left parenthesis, the number “90” and the right parenthesis;

            On page forty, subparagraph 13.3.a.3, line two, after the word, “served”, by striking out the semi-colon and the following underlined words “provided that the center shall not use tables with built-in multiple bucket-type seats after June 30, 2015”;

            On page forty, by striking subdivision 13.3.b in its entirety, and in lieu thereof, inserting a new subdivision 13.3.b to read as follows:

            “13.3.b. Jumpers, and infant walkers are prohibited.”

            On page forty, after subdivision 13.3.b, by inserting a new subdivision 13.3.c to read as follows:

            “13.3.c. Play pens and play yards, if used, must be manufactured after February 28, 2013, properly disinfected after each use and not used for multiple children at the same time.”;

            On page forty-three, subparagraph 13.4.i.5, line three, after the word “worn” by striking out the comma, and the following words, “but the use of a blanket is prohibited in the crib” and by un-striking and restoring the following words, “or a thin blanket used for a covering. If a blanket is used, it shall be tucked around the mattress of the crib and only cover the child high as his or her chest”;

            And,

            On page forty-eight, by striking out in its entirety subdivision 14.3.d and inserting in lieu thereof a new subdivision 14.3.d to read as follows:

            “14.3.d. Restrictive equipment. Infant equipment that restricts movement such as swings, play pens, play yards, stationary activity centers (exersaurces), infant seats, etc., if used, shall only be used for short periods of time not to exceed fifteen (15) minutes in a four (4) hour period.”.

§64-5-2. Bureau for Public Health.

            (a) The legislative rule filed in the State Register on July 24, 2013, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 5, 2013, relating to the Department of Health and Human Resources (clinical laboratory technician and technologist licensure and certification, 64 CSR 57), is authorized.

            (b) The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 9, 2013, relating to the Department of Health and Human Resources (AIDS-related medical testing and confidentiality, 64 CSR 64), is authorized with the following amendments:

            On page two, subdivision 4.1.e, by inserting the following after the period, “The cost of the test not be passed through to the patient by a public health department.” 

            On page six, paragraph 4.3.b.1., by striking out the words “an oral” and inserting in lieu thereof the word “a”;

            On page six, by striking out all of subparagraph 4.3.b.1.A. and inserting in lieu thereof the following:

            4.3.b.1.A. The court shall require the defendant or juvenile respondent to submit to the testing not later than forty-eight hours after the issuance of the order described in paragraph 4.3.b.1 of this subsection, unless good cause for delay is shown upon a request for a hearing: Provided, That no such delay shall cause the HIV-related testing to be administered later than forty-eight hours after the filing of any indictment or information regarding an adult defendant or the filing of a petition regarding a juvenile respondent.

            4.3.b.1.B. The prosecuting attorney may, upon the request of the victim or the victim’s parent or legal guardian, and with notice to the defendant or juvenile respondent, apply to the court for an order directing that an appropriate human immunodeficiency virus (HIV) test or other STD test be performed on a defendant charged with or a juvenile subject to a petition involving the offenses of prostitution, sexual abuse, sexual assault or incest.

            On page six, by striking out all of part 4.3.b.1.A.1.;

            On page six, by striking out all of paragraph 4.3.b.2.;

            And renumbering the remaining paragraphs;

            On page six, by striking out all of paragraph 4.3.b.6. and inserting in lieu thereof the following:

            4.3.b.5. The costs of testing may be charged to the defendant or juvenile respondent, or to that person’s medical insurance provider, unless determined unable to pay by the court having jurisdiction over the matter. If the defendant or juvenile is unable to pay, the cost of laboratory testing for HIV testing may be borne by the bureau or the local health department.

            4.3.b.5.A. The commissioner designates and authorizes all health care providers operating in regional jails, correctional or juvenile facilities to administer HIV tests, either by taking blood or oral specimens, and transmitting those specimens to the Office of Laboratory Services in accordance with instructions set forth at: http://www.wvdhhr.org/labservices/labe/HIV/index.cfm.

            4.3.b.5.B. Laboratory testing done on specimens sent to the Office of Laboratory Services by health care providers for regional jails, correctional or juvenile facilities shall be performed at no cost to the jails, facilities or health care providers.;

            And,

            On page seven, by striking out all of subdivision 4.3.d. and inserting in lieu thereof a new subdivision, designated subdivision 4.3.d., to read as follows:

            4.3.d. A person convicted or a juvenile adjudicated of the offenses described in this subsection may be required to undergo HIV-related testing and counseling immediately upon conviction or adjudication: Provided, That if the person convicted or adjudicated has been tested in accordance with the provisions of subdivision 4.3.b. of this subsection, that person need not be retested.

            (c) The legislative rule filed in the State Register on July 24, 2013, authorized under the authority of section two-a, article five-a, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 7, 2013, relating to the Department of Health and Human Resources (Cancer Registry, 64 CSR 68), is authorized.

            (d) The legislative rule filed in the State Register on July 24, 2013, authorized under the authority of section three, article twelve, chapter sixty-one of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 5, 2013, relating to the Department of Health and Human Resources (Medical Examiner rule for postmortem inquiries, 64 CSR 84), is authorized.

§64-5-3. Health Care Authority.

            The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section seven, article twenty-nine-g, chapter sixteen of this code, modified by the Health Care Authority to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 4, 2013, relating to the Health Care Authority (West Virginia Health Information Network, 65 CSR 28), is authorized.

§64-5-4. Bureau for Child Support Enforcement.

            (a) The legislative rule filed in the State Register on July 29, 2013, authorized under the authority of section one hundred five, article eighteen, chapter forty-eight of this code, modified by the Bureau for Child Support Enforcement to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 18, 2013, relating to the Bureau for Child Support Enforcement (the Bureau for Child Support Enforcement, 97 CSR 1), is authorized.

            (b) The legislative rule filed in the State Register on July 29, 2013, authorized under the authority of section one hundred five, article eighteen, chapter forty-eight of this code, relating to the Bureau for Child Support Enforcement (obtaining support from federal and state tax refunds, 97 CSR 3), is repealed.

            (c) The legislative rule filed in the State Register on July 29, 2013, authorized under the authority of section one hundred five, article eighteen, chapter forty-eight of this code, relating to the Bureau for Child Support Enforcement (interstate income withholding, 97 CSR 4), is repealed.

            (d) The legislative rule filed in the State Register on July 29, 2013, authorized under the authority of section one hundred five, article eighteen, chapter forty-eight of this code, modified by the Bureau for Child Support Enforcement to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 18, 2013, relating to the Bureau for Child Support Enforcement (support enforcement activities undertaken by the Bureau for Child Support Enforcement, 97 CSR 6), is authorized.

            (e) The legislative rule filed in the State Register on July 29, 2013, authorized under the authority of section one hundred five, article eighteen, chapter forty-eight of this code, modified by the Bureau for Child Support Enforcement to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 18, 2013, relating to the Bureau for Child Support Enforcement (distribution of support payments, 97 CSR 7), is authorized.”

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 165, Authorizing Department of Transportation promulgate legislative rules; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 167, Authorizing Department of Revenue promulgate legislative rules; on second reading, coming up in regular order, was read a second time.

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

ARTICLE 7. AUTHORIZATION FOR DEPARTMENT OF TAX AND REVENUE TO PROMULGATE LEGISLATIVE RULES.

§64-7-1. State Tax Department.

            (a) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section eleven-c, article ten, chapter eleven of this code, modified by the State Tax Department to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 26, 2013, relating to the State Tax Department (municipal sales and service and use tax administration, 110 CSR 28), is authorized.

            (b) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section eleven, article three, chapter twenty-two of this code, modified by the State Tax Department to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 26, 2013, relating to the State Tax Department (special reclamation tax credit, 110 CSR 29), is authorized.

            (c) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section two-c, article three, chapter fifty of this code, modified by the State Tax Department to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 26, 2013, relating to the State Tax Department (withholding or denial of personal income tax refunds from taxpayers who owe municipal or magistrate court costs, 110 CSR 40), is authorized.

§64-7-2. Insurance Commissioner.

            (a) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section four, article sixteen-h, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 1, 2013, relating to the Insurance Commissioner (utilization review and benefit determination, 114 CSR 95), is authorized with the following amendments:

            On page one, subsection 1.1., after the words “and benefit determinations”, by inserting a comma;

            On page one, subsection 2.1., by striking out the word “healthcare” and inserting in lieu thereof the words “health care”;

            On page two, subsection 2.6., after the word “specialty”, by striking out the word “as” and inserting in lieu thereof the word “that”;

            On page three, subsection 2.15., by striking out the word “no” and inserting in lieu thereof the word “not”;

            On page three, subsection 2.16., by striking out the words “except as otherwise specifically exempted in this definition” and inserting in lieu thereof the words “but excluding the excepted benefits defined in 42 U.S.C. § 300gg-91 and as otherwise specifically excepted in this rule”;

            On page five, subsection 2.17., by striking out the word “state” and inserting in lieu thereof the words “West Virginia”;

            On page five, subsection 2.24., by striking out the word “in” and inserting in lieu thereof the word “an”;

            On page six, subsection 2.28., by striking out the word “that” and inserting in lieu thereof the words “the one”;

            On page six, subdivision 2.30.a., by striking out the words “the covered person’s life, health or ability to regain maximum function or in the opinion of an attending health care professional with knowledge of the covered person’s medical condition, would subject the covered person to severe pain that cannot be adequately managed without the health care service or treatment that is the subject of the request.” and inserting in lieu thereof the words “the life or health of the covered person or the ability of the covered person to regain maximum function; or”;

            On page six, after subdivision 2.30.a., by inserting a new subdivision, designated subdivision 2.30.b., to read as follows:

            2.30.b. In the opinion of an attending health care professional with knowledge of the covered person’s medical condition, would subject the covered person to severe pain that cannot be adequately managed without the health care service or treatment that is the subject of the request.;

            And by relettering the remaining subdivisions;

            On page six, subdivision 2.30.b., by striking out “2.30.a” and inserting in lieu thereof “2.30.d”;

            On page eight, subsection 6.1., by striking out the words “an entity” and inserting in lieu thereof the words “a person”;

            On page eight, subsection 6.1., after the word “Commissioner”, by inserting the words “or by statute or legislative rule”;

            On page nine, after paragraph 6.3.a.4., by inserting a new paragraph, designated paragraph 6.3.a.5., to read as follows:

            6.3.a.5. For purposes of calculating the time period for refiling the benefit request or claim, the time period shall begin to run upon the covered person’s receipt of the notice of opportunity to resubmit.;

            On page ten, subdivision 7.1.b., by striking out the words “a determination is required to be made under subsections 7.2 and 7.4” and inserting in lieu thereof the words “prospective and retrospective review determinations are required to be made”;

            On page eleven, paragraph 7.1.e.1., after the word “number”, by inserting the word “of”;

            On page twelve, subdivision 7.2.b., by striking out the words “health carrier” and inserting in lieu thereof the word “issuer”;

            On page fourteen, subdivision 7.3.c., by striking out the comma and the word “and”;

            On page fifteen, subdivision 8.1.a., by striking out the words “health carrier” and inserting in lieu thereof the word “issuer”;

            On page fifteen, after subdivision 8.1.b., by inserting a new paragraph, designated paragraph 8.1.b.1., to read as follows:

            8.1.b.1. If the covered person has failed to provide sufficient information for the issuer to determine whether, or to what extent, the benefits requested are covered benefits or payable under the issuer’s health benefit plan, the issuer shall notify the covered person as soon as possible, but in no event later than twenty-four (24) hours after receipt of the request, either orally or, if requested by the covered person, in writing of this failure and state what specific information is needed. The issuer shall provide the covered person a reasonable period of time to submit the necessary information, taking into account the circumstances, but in no event less than forty-eight (48) hours after notifying the covered person or the covered person’s authorized representative of the failure to submit sufficient information.;

            And by renumbering the remaining paragraphs;

            On page seventeen, subparagraph 8.2.a.9.A., by striking out “8.2.a.8” and inserting in lieu thereof “8.2.a.7”;

            On page seventeen, subparagraph 8.2.a.9.B., by striking out “subparagraph 8.2.a.9.A” and inserting in lieu thereof “paragraph 8.2.a.8”;

            On page nineteen, subdivision 9.3.d., after the words “providers, paragraph”, by striking out “9.3.c.3” and inserting in lieu thereof “9.3.c.1”;

            On page nineteen, subdivision 9.3.d., after the words “amount in paragraph”, by striking out “9.3.c.3” and inserting in lieu thereof “9.3.c.1”;

            And,

            On page nineteen, paragraph 9.3.d.2., after the word “benefits”, by adding a period.

            (b) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section four, article sixteen-h, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 1, 2013, relating to the Insurance Commissioner (health plan insurer internal grievance procedure, 114 CSR 96), is authorized with the following amendments:

            On page one, section two, by striking out the heading “§114-96-1. Definitions.” and inserting in lieu thereof the heading “§114-96-2. Definitions.”;

            On page one, subsection 2.1., by striking out the word “healthcare” and inserting in lieu thereof the words “health care”;

            On page one, subsection 2.1., after the word “terminated”, by adding a period;

            On page two, subdivision 2.3.a., by striking out the word “external” and inserting in lieu thereof the word “internal”;

            On page two, subdivision 2.3.c., after the word “professional” by adding a semicolon;

            On page two, subsection 2.6., by striking out the word “as” and inserting in lieu thereof the word “that”;

            On page three, subsection 2.15., by striking out the word “no” and inserting in lieu thereof the word “not”;

            On page four, subsection 2.18., by striking out the words “except as otherwise specifically exempted in this definition” and inserting in lieu thereof the words “but excluding the excepted benefits defined in 42 U.S.C. § 300gg-91 and as otherwise specifically excepted in this rule”;

            On page five, subsection 2.19., by striking out the word “state” and inserting in lieu thereof the words “West Virginia”;

            On page six, subsection 2.26., by striking out the word “in” and inserting in lieu thereof the word “an”;

            On page seven, subsection 2.30., by striking out the word “that” and inserting in lieu thereof the words “the one”;

            On page seven, subdivision 2.32.c., by striking out “2.35.b” and inserting in lieu thereof “2.32.d”;

            On page nine, subsection 4.2., by striking out the words “subdivision a of”;

            On page ten, subdivision 5.4.a., after “5.4.a.” by striking out the period;

            On page eleven, after subdivision 5.6.c., by inserting a new subdivision, designated subdivision 5.6.d., to read as follows:

            5.6.d. The issuer shall make the provisions of subsection 5.4 known to the covered person within three working days after the date of receipt of the grievance.;

            On page thirteen, subdivision 5.8.g., by striking out the word “upholds” and inserting in lieu thereof the word “denies”;

            On page thirteen, paragraph 5.8.g.4., after the word “either”, by inserting the word “the”;

            On page thirteen, paragraph 5.8.g.5., after the word “circumstances”, by inserting a comma;

            On page thirteen, paragraph 5.8.g.5., by striking out the word “provide” and inserting in lieu thereof the word “provided”;

            On page thirteen, subparagraph 5.8.g.6.A., by striking out “5.4.g.4” and inserting in lieu thereof “5.8.g.4”;

            On page thirteen, subparagraph 5.8.g.6.B., by striking out “5.4.g.5” and inserting in lieu thereof “5.8.g.5”;

            On page thirteen, by striking out paragraph 5.8.h.1. in its entirety;

            On page fourteen, by striking out paragraph 5.8.h.2. in its entirety;

            And by renumbering the remaining paragraphs;

            On page fourteen, paragraph 5.8.h.3., by striking out “if the covered person decides not to file for an additional voluntary review of the first level review decision involving an adverse determination”;

            On page fourteen, paragraph 5.9.a.3., after the words “notices”, by striking out the comma;

            On page fifteen, subdivision 6.4.b., after “6.4.b.”, by striking out the period;

            On page sixteen, subdivision 6.5.d., after the semicolon by adding the word “and”;

            On page sixteen, by striking out subdivision 6.5.e. in its entirety;

            And by relettering the remaining subdivision;

            On page sixteen, by striking out paragraphs 6.5.e.1 and 6.5.e.2 in their entirety;

            On page sixteen, subsection 7.2., by striking out “5.1” and inserting in lieu thereof “7.1”;

            On page eighteen, subparagraph 7.8.a.7.A., after the words “as well as”, by inserting the word “a”;

            On page eighteen, subparagraph 7.8.a.7.A., after the word “reaching”, by inserting the word “the”;

            On page nineteen, subparagraph 7.8.a.7.E., after the word “circumstances”, by inserting a comma;

            On page nineteen, part 7.8.a.7.F.3., after the word “et”, by striking out the period;

            On page nineteen, part 7.8.a.7.F.6., after the word “claim”, by inserting a comma;

            And,

            On page twenty, after subparagraph 7.8.b.1.B., by inserting a new subparagraph, designated subparagraph 7.8.b.1.C., to read as follows:

            7.8.b.1.C. Include in the English versions of all notices a statement prominently displayed in any applicable non-English language clearly indicating how to access the language services provided by the carrier.

            (c) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section four, article sixteen-h, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 1, 2013, relating to the Insurance Commissioner (external review of adverse health insurance determinations, 114 CSR 97), is authorized with the following amendments:

            On page one, subsection 2.1., after the word “terminated” by adding period;

            On page two, subdivision 2.3.c., after the word “professional”, by adding a semicolon;

            On page two, subdivision 2.4.c., by striking out “2.4a and 2.4b” and inserting in lieu thereof “2.4.a and 2.4.b”;

            On page two, subdivision 2.4.d., by striking out “2.4a, 2.4b and 2.4c” and inserting in lieu thereof “2.4.a, 2.4.b and 2.4.c”;

            On page three, subsection 2.7., after the word “Commissioner”, by adding a period;

            On page three, subsection 2.12., after the words “Emergency medical condition”, by striking out the single quotation mark and inserting in lieu thereof a double quotation mark;

            On page four, subsection 2.17., by striking out the words “except as otherwise specifically exempted in this definition” and inserting in lieu thereof the words “but excluding the excepted benefits defined in 42 U.S.C. § 300gg-91 and as otherwise specifically excepted in this rule”;

            On page eight, subsection 3.1., by striking out the words “A written” and inserting in lieu thereof the words “An issuer shall notify the covered person in writing of the covered person’s right to request an external review. Such a written”;

            On page eight, subdivision 3.1.c., by striking out the words “subsection 15.1” and inserting in lieu thereof the words “section 14”;

            On page nine, paragraph 3.1.e.1., before the words “would seriously”, by striking out the comma;

            On page nine, paragraph 3.1.f.1., after the word “life”, by striking out the comma and inserting in lieu thereof the words “or health or”;

            On page ten, subsection 5.3., by striking out the words “expedited review of a grievance involving an adverse determination” and inserting in lieu thereof the words “expedited internal review of a grievance involving an adverse determination pursuant to W. Va. Code of St. R. §114-96”;

            On page ten, subdivision 5.3.a., after the word “Code”, by inserting the word “of”;

            On page eleven, subsection 6.2., after the word “consideration”, by striking out the word “on” and inserting in lieu thereof the word “of”;

            On page twelve, subdivision 6.5.a, by striking out the words “two business days” and inserting in lieu thereof the words “one business day”;

            On page thirteen, subdivision 6.6.d., by striking out the word “internal” and inserting in lieu thereof the word “independent”;

            On page thirteen, subsection 6.8., after the words “receipt of the request for an external review” by inserting the words “and no later than one business day after making the decision”;

            On page seventeen, subdivision 8.5.b., after “8.5.b.”, by striking out the period;

            On page seventeen, subdivision 8.5.c., by striking out “8.8” and inserting in lieu thereof “8.9”;

            On page eighteen, subsection 8.6., after “IRO” by striking out the comma;

            On page eighteen, subdivision 8.6.a., by striking out the word “dely” and inserting in lieu thereof the word “delay”;

            On page nineteen, paragraph 8.9.a.2., after the words “services or treatments”, by inserting the words “would not be substantially increased over those of available standard health care services or treatments”;

            On page twenty, subdivision 8.11.b., by striking out “8.12.d” and inserting in lieu thereof “8.11.d”;

            On page twenty-one, subdivision 8.11.c., after “8.11.c”, by inserting a period;

            On page twenty-one, subdivision 8.11.d., after “8.11.d”, by inserting a period;

            On page twenty-one, paragraph 8.11.d.1., after “8.11.d.1”, by inserting a period;

            On page twenty-one, paragraph 8.11.d.2., after “8.11.d.2”, by inserting a period;

            On page twenty-one, paragraph 8.11.d.3., after “8.11.d.3”, by inserting a period;

            On page twenty-one, paragraph 8.11.d.3., by striking the words “pursuant to subdivision 8.11.a”;

            On page twenty-two, subsection 8.12., by striking out the word “amount” and inserting in lieu thereof the word “among”;

            On page twenty-three, subdivision 9.2.f., after the word “parties”, by striking out the comma;

            On page twenty-three, paragraph 9.2.f.1., after “IRO”, by striking out the comma and the words “except that a party that unreasonably refuses to stipulate to limit the record may be taxed by the court for the additional costs involved”;

            On page twenty-four, subsection 10.2, by striking out the word “as” and inserting in lieu thereof a comma;

            On page twenty-five, subdivision 10.4.c., by striking out subdivision 10.4.c. in its entirety;

            On page twenty-seven, paragraph 11.4.a.2., after the word “review”, by inserting a comma and the words “any known close relative of the covered person,”;

            On page twenty-seven, after paragraph 11.4.a.3., by inserting two new paragraphs, designated paragraph, 11.4.a.4. and 11.4.a.5., to read as follows:

            11.4.a.4. Any administrator, fiduciary, employee or sponsor of an employee welfare benefit plan as defined in 29 U.S.C. 1002(1), if any, under which the covered person’s request for external review arises;

            11.4.a.5. A trade association of group health plans or issuers, or a trade association of health care providers;

            And by renumbering the remaining paragraphs;

            On page twenty-seven, subdivision 11.4.b., by striking out all of subdivision 11.4.b. and inserting in lieu thereof a new subdivision, designated subdivision 11.4.b., to read as follows:

            11.4.b. In determining whether an IRO or a clinical reviewer of the IRO has a material professional, familial or financial conflict of interest for purposes of subdivision 11.4.a, the Commissioner may disregard the mere appearance of a conflict of interest.;

            On page twenty-eight, section twelve, by striking out section twelve in its entirety;

            And by renumbering the remaining sections;

            On page twenty-eight, subsection 13.1., by striking out “13.1.a” and inserting in lieu thereof “12.1.a”

            On page twenty-nine, paragraph 13.2.b.2., by striking out “paragraph 13.2.b.2” and inserting in lieu thereof “paragraph 12.2.b.1”;

            On page thirty, subsection 15.2, by striking out “15.1” and inserting in lieu thereof “14.1”;

            On page thirty, subsection 15.3, by striking out “15.2” and inserting in lieu thereof “14.2”;

            And,

            On page thirty, after subsection 15.3, by adding a new section, designated section fifteen, to read as follows:

            §114-97-15. Penalties. Any issuer failing to comply with the requirements of this rule is subject to the penalties prescribed in W. Va. Code §33-3-11.

§64-7-3. Alcohol Beverage Control Commission.

            (a) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section ten, article seven, chapter sixty of this code, modified by the Alcohol Beverage Control Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 31, 2013, relating to the Alcohol Beverage Commission (private club licensing, 175 CSR 2), is authorized.

            (b) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section sixteen, article two, chapter sixty of this code, modified by the Alcohol Beverage Control Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 31, 2013, relating to the Alcohol Beverage Commission (farm wineries, 175 CSR 3), is authorized.

            (c) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section twenty-three, article eight, chapter sixty of this code, modified by the Alcohol Beverage Control Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 31, 2013, relating to the Alcohol Beverage Commission (sale of wine, 175 CSR 4), is authorized.

            (d) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section twenty-two, article sixteen, chapter eleven of this code, modified by the Alcohol Beverage Control Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 31, 2013, relating to the Alcohol Beverage Commission (nonintoxicating beer licensing and operations procedures, 176 CSR 1), is authorized.

§64-7-4. Racing Commission.

            The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section six, article twenty-three, chapter nineteen of this code, modified by the Racing Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 31, 2013, relating to the Racing Commission (thoroughbred racing, 178 CSR 1), is authorized with the following amendment:

            On page fifteen, subsection 8.5.b., line twenty-two, following the words “stewards shall have authority to”, by striking the word “charge”, and inserting in lieu thereof “issue a ruling citing”; and

            On page eighteen, subsection 9.2., line six, following the words “health certificates”, by striking the word “Coggins” and inserting in lieu thereof “current negative Coggins test for equine infectious anemia (EIA)”.”

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 181, Authorizing Department of Administration promulgate legislative rules; on second reading, coming up in regular order, was read a second time.

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

ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO                                     PROMULGATE LEGISLATIVE RULES.

§64-2-1. Department of Administration.

            The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section forty-eight, article three, chapter five-a of this code, relating to the Department of Administration (state owned vehicles, 148 CSR 3), is authorized.

§64-2-2. Consolidated Public Retirement Board.

            The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section one, article ten-d, chapter five of this code, modified by the Consolidated Public Retirement Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on August 30, 2013, relating to the Consolidated Public Retirement Board (Public Employees Retirement System, 162 CSR5), is authorized with the following amendment:

            On page three, subsection 8.1, line seventeen, following the word “System”, by inserting a colon and the following: “And provided further, That beginning July 1, 2014, each participating public employer shall contribute fourteen percent (14%) of each compensation payment of all its employees who are members of the Public Employees Retirement System.”.”

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 196, Authorizing Division of Rehabilitation Services promulgate legislative rule relating to Ron Yost Personal Assistance Services Act Board; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            S. B. 202, Creating Benefit Corporation Act; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 252, Allowing certain expelled students to return to school through Juvenile Drug Court; on second reading, coming up in regular order, was read a second time.

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

ARTICLE 5. AUTHORITY; RIGHTS; RESPONSIBILITY.

§18A-5-1a. Possessing deadly weapons on premises of educational facilities; possessing a controlled substance on premises of educational facilities; assaults and batteries committed by students upon teachers or other school personnel; temporary suspension, hearing; procedure, notice and formal hearing; extended suspension; sale of narcotic; expulsion; exception; alternative education.

            (a) A principal shall suspend a pupil student from school or from transportation to or from the school on any school bus if the pupil student, in the determination of the principal after an informal hearing pursuant to subsection (d) of this section, has: (i) Violated the provisions of subsection (b), section fifteen, article two, chapter sixty-one of this code; (ii) violated the provisions of subsection (b), section eleven-a, article seven of said chapter; or (iii) sold a narcotic drug, as defined in section one hundred one, article one, chapter sixty-a of this code, on the premises of an educational facility, at a school-sponsored function or on a school bus. If a student has been suspended pursuant to this subsection, the principal shall, within twenty-four hours, request that the county superintendent recommend to the county board that the student be expelled. Upon such a request by a principal, the county superintendent shall recommend to the county board that the student be expelled. Upon such recommendation, the county board shall conduct a hearing in accordance with subsections (e), (f) and (g) of this section to determine if the student committed the alleged violation. If the county board finds that the student did commit the alleged violation, the county board shall expel the student.

            (b) A principal shall suspend a pupil student from school, or from transportation to or from the school on any school bus, if the pupil student, in the determination of the principal after an informal hearing pursuant to subsection (d) of this section, has: (i) Committed an act or engaged in conduct that would constitute a felony under the laws of this state if committed by an adult; or (ii) unlawfully possessed on the premises of an educational facility or at a school-sponsored function a controlled substance governed by the uniform controlled substances act as described in chapter sixty-a of this code. If a student has been suspended pursuant to this subsection, the principal may request that the superintendent recommend to the county board that the student be expelled. Upon such recommendation by the county superintendent, the county board may hold a hearing in accordance with the provisions of subsections (e), (f) and (g) of this section to determine if the student committed the alleged violation. If the county board finds that the student did commit the alleged violation, the county board may expel the student.

            (c) A principal may suspend a pupil student from school, or transportation to or from the school on any school bus, if the pupil student, in the determination of the principal after an informal hearing pursuant to subsection (d) of this section: (i) Threatened to injure, or in any manner injured, a pupil student, teacher, administrator or other school personnel; (ii) willfully disobeyed a teacher; (iii) possessed alcohol in an educational facility, on school grounds, a school bus or at any school-sponsored function; (iv) used profane language directed at a school employee or pupil student; (v) intentionally defaced any school property; (vi) participated in any physical altercation with another person while under the authority of school personnel; or (vii) habitually violated school rules or policies. If a student has been suspended pursuant to this subsection, the principal may request that the superintendent recommend to the county board that the student be expelled. Upon such recommendation by the county superintendent, the county board may hold a hearing in accordance with the provisions of subsections (e), (f) and (g) of this section to determine if the student committed the alleged violation. If the county board finds that the student did commit the alleged violation, the county board may expel the student.

            (d) The actions of any pupil student which may be grounds for his or her suspension or expulsion under the provisions of this section shall be reported immediately to the principal of the school in which the pupil student is enrolled. If the principal determines that the alleged actions of the pupil student would be grounds for suspension, he or she shall conduct an informal hearing for the pupil student immediately after the alleged actions have occurred. The hearing shall be held before the pupil student is suspended unless the principal believes that the continued presence of the pupil student in the school poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, in which case the pupil student shall be suspended immediately and a hearing held as soon as practicable after the suspension.

            The pupil student and his or her parent(s), guardian(s) or custodian(s), as the case may be, shall be given telephonic notice, if possible, of this informal hearing, which notice shall briefly state the grounds for suspension.

            At the commencement of the informal hearing, the principal shall inquire of the pupil student as to whether he or she admits or denies the charges. If the pupil student does not admit the charges, he or she shall be given an explanation of the evidence possessed by the principal and an opportunity to present his or her version of the occurrence. At the conclusion of the hearing or upon the failure of the noticed student to appear, the principal may suspend the pupil student for a maximum of ten school days, including the time prior to the hearing, if any, for which the pupil student has been excluded from school.

            The principal shall report any suspension the same day it has been decided upon, in writing, to the parent(s), guardian(s) or custodian(s) of the pupil student by regular United States mail. The suspension also shall be reported to the county superintendent and to the faculty senate of the school at the next meeting after the suspension.

            (e) Prior to a hearing before the county board, the county board shall cause a written notice which states the charges and the recommended disposition to be served upon the pupil student and his or her parent(s), guardian(s) or custodian(s), as the case may be. The notice shall state clearly whether the board will attempt at hearing to establish the student as a dangerous student, as defined by section one, article one of this chapter. The notice also shall include any evidence upon which the board will rely in asserting its claim that the student is a dangerous student. The notice shall set forth a date and time at which the hearing shall be held, which date shall be within the ten-day period of suspension imposed by the principal.

            (f) The county board shall hold the scheduled hearing to determine if the pupil student should be reinstated or should or, under the provisions of this section, must be expelled from school. If the county board determines that the student should or must be expelled from school, it also may determine whether the student is a dangerous student pursuant to subsection (g) of this section. At this, or any hearing before a county board conducted pursuant to this section, the pupil student may be represented by counsel, may call his or her own witnesses to verify his or her version of the incident and may confront and cross examine witnesses supporting the charge against him or her. The hearing shall be recorded by mechanical means unless recorded by a certified court reporter. The hearing may be postponed for good cause shown by the pupil student but he or she shall remain under suspension until after the hearing. The State Board may adopt other supplementary rules of procedure to be followed in these hearings. At the conclusion of the hearing the county board shall either: (1) Order the pupil student reinstated immediately at the end of his or her initial suspension; (2) suspend the pupil student for a further designated number of days; or (3) expel the pupil student from the public schools of the county.

            (g) A county board that did not intend prior to a hearing to assert a dangerous student claim, that did not notify the student prior to the hearing that a dangerous student determination would be considered and that determines through the course of the hearing that the student may be a dangerous student shall schedule a second hearing within ten days to decide the issue. The hearing may be postponed for good cause shown by the pupil student, but he or she remains under suspension until after the hearing.

            A county board that expels a student, and finds that the student is a dangerous student, may refuse to provide alternative education. However, after a hearing conducted pursuant to this section for determining whether a student is a dangerous student, when the student is found to be a dangerous student, is expelled and is denied alternative education, a hearing shall be conducted within three months after the refusal by the board to provide alternative education to reexamine whether or not the student remains a dangerous student and whether the student shall be provided alternative education. Thereafter, a hearing for the purpose of reexamining whether or not the student remains a dangerous student and whether the student shall be provided alternative education shall be conducted every three months for so long as the student remains a dangerous student and is denied alternative education. During the initial hearing, or in any subsequent hearing, the board may consider the history of the pupil’s student’s conduct as well as any improvements made subsequent to the expulsion. If it is determined during any of the hearings that the student is no longer a dangerous student or should be provided alternative education, the student shall be provided alternative education during the remainder of the expulsion period.

            (h) The superintendent may apply to a circuit judge or magistrate for authority to subpoena witnesses and documents, upon his or her own initiative, in a proceeding related to a recommended student expulsion or dangerous student determination, before a county board conducted pursuant to the provisions of this section. Upon the written request of any other party, the superintendent shall apply to a circuit judge or magistrate for the authority to subpoena witnesses, documents or both on behalf of the other party in a proceeding related to a recommended student expulsion or dangerous student determination before a county board. If the authority to subpoena is granted, the superintendent shall subpoena the witnesses, documents or both requested by the other party. Furthermore, if the authority to subpoena is granted, it shall be exercised in accordance with the provisions of section one, article five, chapter twenty-nine-a of this code.

            Any hearing conducted pursuant to this subsection may be postponed: (1) For good cause shown by the pupil student; (2) when proceedings to compel a subpoenaed witness to appear must be instituted; or (3) when a delay in service of a subpoena hinders either party’s ability to provide sufficient notice to appear to a witness. A pupil student remains under suspension until after the hearing in any case where a postponement occurs.

            The county boards are directed to report the number of pupils students determined to be dangerous students to the State Board. of Education The State Board will compile the county boards’ statistics and shall report its findings to the Legislative Oversight Commission on Education Accountability.

            (i) Pupils Students may be expelled pursuant to the provisions of this section for a period not to exceed one school year, except that if a pupil student is determined to have violated the provisions of subsection (a) of this section the pupil student shall be expelled for a period of not less than twelve consecutive months, subject to the following:

            (1) Provided, That the The county superintendent may lessen the mandatory period of twelve consecutive months for the expulsion of the pupil student if the circumstances of the pupil’s student's case demonstrably warrant, except as provided in subdivision (2) of this subsection;

            (2) If a Juvenile Drug Court notifies the county superintendent of successful completion of or certification of the expelled student making satisfactory progress toward successful completion of Juvenile Drug Court pursuant to section one-d of this article, and the expulsion did not result from bringing a firearm to a school or possessing a firearm at a school in violation of 20 U. S. C. §7151, the county superintendent may lessen the period of expulsion pursuant to section one-d of this article;

            (3) Upon the reduction of the period of expulsion, the county superintendent shall prepare a written statement setting forth the circumstances of the pupil’s student's case which warrant the reduction of the period of expulsion. The county superintendent shall submit the statement to the county board, the principal, the faculty Senate and the local school improvement council for the school from which the pupil student was expelled. The Subject to subdivision (2) of this subsection, the county superintendent may use the following factors as guidelines in determining whether or not to reduce a mandatory twelve-month expulsion:

            (1) (A) The extent of the pupil’s student’s malicious intent;

            (2) (B) The outcome of the pupil’s student’s misconduct;

            (3) (C) The pupil’s student’s past behavior history; and

            (4) (D) The likelihood of the pupil’s student’s repeated misconduct; and

            (E) If applicable, successful completion or making satisfactory progress toward successful completion of Juvenile Drug Court pursuant to section one-d of this section.

            (j) In all hearings under this section, facts shall be found by a preponderance of the evidence.

            (k) For purposes of this section, nothing herein may be construed to be in conflict with the federal provisions of the Individuals with Disabilities Education Act, 20 U. S. C. §1400 et seq.

            (l) Each suspension or expulsion imposed upon a pupil student under the authority of this section shall be recorded in the uniform integrated regional computer information system (commonly known as the West Virginia Education Information System) described in subsection (f), section twenty-six, article two, chapter eighteen of this code.

            (1) The principal of the school at which the pupil student is enrolled shall create an electronic record within twenty-four hours of the imposition of the suspension or expulsion.

            (2) Each record of a suspension or expulsion shall include the pupil’s student’s name and identification number, the reason for the suspension or expulsion and the beginning and ending dates of the suspension or expulsion.

            (3) The State Board of Education shall collect and disseminate data so that any principal of a public school in West Virginia can review the complete history of disciplinary actions taken by West Virginia public schools against any pupil student enrolled or seeking to enroll at that principal’s school. The purposes of this provision are to allow every principal to fulfill his or her duty under subsection (b), section fifteen-f, article five, chapter eighteen of this code to determine whether a pupil student requesting to enroll at a public school in West Virginia is currently serving a suspension or expulsion from another public school in West Virginia and to allow principals to obtain general information about pupils’ students’ disciplinary histories.

            (m) Principals may exercise any other authority and perform any other duties to discipline pupils students consistent with state and federal law, including policies of the State Board. of Education

            (n) Each county board is solely responsible for the administration of proper discipline in the public schools of the county and shall adopt policies consistent with the provisions of this section to govern disciplinary actions.

            (o) For the purpose of this section, “principal” means the principal, assistant principal, vice principal or the administrative head of the school or a professional personnel designee of the principal or the administrative head of the school.

§18A-5-1d. Return to school through Juvenile Drug Court for certain students.

            (a) When a student is expelled from school pursuant to section one-a of this article, the county board, county superintendent or principal for the school from which the student was expelled or the parent, guardian or custodian may refer the student to a Juvenile Drug Court, operated pursuant to section two-b, article five, chapter forty-nine of this code. Upon such referral, the judge assigned to Juvenile Drug Court shall determine whether the student is an appropriate candidate for Juvenile Drug Court.

            (b) If the judge determines the student is an appropriate candidate for Juvenile Drug Court, then the court has jurisdiction over the student in the same manner as it has jurisdiction over all other persons in Juvenile Drug Court. Such jurisdiction over students includes the ability to issue any of the various sanctions available to the Juvenile Drug Court, including temporary detention.

            (c) Successful completion of Juvenile Drug Court or certification by the Juvenile Drug Court judge that the student is making satisfactory progress toward successful completion of Juvenile Drug Court warrants consideration for reduction of the expulsion period, pursuant to section one-a of this article. The Juvenile Drug Court shall notify the county superintendent of such completion or certification. The county superintendent shall arrange a meeting with the Juvenile Drug Court treatment team, the court, and the Student Assistance Team of the school from which the student was expelled to discuss the student’s history, progress and potential for improvement.

            (1) The Student Assistance Team shall evaluate and recommend whether the student’s expulsion period should be reduced and the student reinstated in school. The Student Assistance Team’s recommendation shall be presented to the superintendent, who shall make the final determination. The superintendent shall prepare a statement detailing reasons for or against school reinstatement and submit the statement to the county board. If the superintendent determines to reduce the expulsion period, he or she shall submit the statement required by subsection (i), section one-a of this article and place the student in an appropriate school within the district. A student to be reinstated shall be permitted to return to school no later than the tenth regular school day following notice by the court to the superintendent regarding the student’s successful completion or satisfactory progress toward successful completion of Juvenile Drug Court.

            (2) Notwithstanding any other provision of this code to the contrary, a county superintendent may not reduce an expulsion period pursuant to this section if the expulsion is the result of bringing a firearm to a school or possessing a firearm at a school in violation of 20 U. S. C. §7151.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 267, Ensuring state courts’ jurisdiction of fraudulent or unauthorized purchasing card use; on second reading, coming up in regular order, was, on motion of Delegate White, laid over.

            Com. Sub. for S. B. 278, Redefining “scrap metal”; 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:

ARTICLE 3. CRIMES AGAINST PROPERTY.

§61-3-49. Purchase of scrap metal by scrap metal purchasing businesses, salvage yards or recycling facilities; certificates, records and reports of such purchases; criminal penalties.

            (a) For the purposes of this section, the following terms have the following meanings.

            (1) ‘Business registration certificate’ has the same meaning ascribed to it in section two, article twelve, chapter eleven of this code.

            (2) ‘Purchaser’ means any person in the business of purchasing scrap metal or used auto parts, any salvage yard owner or operator or any public or commercial recycling facility owner or operator, or any agent or employee thereof, who purchases any form of scrap metal or used auto parts.

            (3) ‘Scrap metal’ means any form of copper, aluminum, brass, lead or other nonferrous metal of any kind, a catalytic converter or any materials derived from a catalytic converter, or steel railroad track and track material: Provided, That the provisions of this section are not applicable to gold, silver, palladium or platinum where the platinum is in the form of jewelry, bullion, ingots or coins.

            (b) In addition to any requirement necessary to do business in this state, a scrap metal dealer shall:

            (1) Have a current valid business registration certificate from the Tax Commissioner;

            (2) Register any scales used for weighing scrap metal with the Division of Labor Weights and Measures office;

            (3) Provide a notice of recycling activity to the Department of Environmental Protection; and

            (4) Register as a scrap metal dealer with the Secretary of State, who is hereby directed to maintain a list of scrap metal dealers and make it publically available. The list shall include the dealer’s business address, hours of operation, physical address, phone number, facsimile number, if any, and the name of the owners or principal officers of the business.

            (c) Any purchaser of scrap metal shall make a record of such purchase that shall contain the following information for each transaction:

            (1) The full name, permanent home and business addresses and telephone number, if available, of the seller;

            (2) A description and the motor vehicle license number of any vehicle used to transport the purchased scrap metal to the place of purchase;

            (3) The time and date of the transaction;

            (4) A complete description of the kind, character and weight of the scrap metal purchased; and

            (5) A statement of whether the scrap metal was purchased, taken as collateral for a loan or taken on consignment.

            (d) A purchaser also shall require and retain from the seller of the scrap metal the following:

            (1) A signed certificate of ownership of the scrap metal being sold or a signed authorization from the owner of the scrap metal to sell said scrap metal; and

            (2) A photocopy of a valid driver’s license or identification card issued by the West Virginia Division of Motor Vehicles of the person delivering the scrap metal, or in lieu thereof, any other valid photo identification of the seller issued by any other state or the federal government: Provided, That, if the purchaser has a copy of the seller’s valid photo identification on file, the purchaser may reference the identification that is on file, without making a separate photocopy for each transaction.

            (e) It is unlawful for any purchaser to purchase any scrap metal without obtaining and recording the information required under subsections (c) and (d) of this section. The provisions of this subsection do not apply to purchases made at wholesale under contract or as a result of a bidding process: Provided, That the purchaser retains and makes available for review consistent with subsection (g) of this section the contract, bill of sale or similar documentation of the purchase made at wholesale under contract or as a result of a bidding process: Provided, however, That the purchaser may redact any pricing or other commercially sensitive information from said contract, bill of sale or similar documentation before making it available for inspection.

            (f) No purchaser of scrap metal may knowingly purchase or possess a stainless steel or aluminum beer keg, whether damaged or undamaged, or any reasonably recognizable part thereof, for the intended purpose of reselling as scrap metal unless the purchaser receives the keg or keg parts from the beer manufacturer or its authorized representative.

            (g) Using a form provided by the West Virginia State Police, or his or her own form, a purchaser of scrap metal shall retain the records required by this section at his or her place of business for not less than three years after the date of the purchase. Upon completion of a purchase, the records required to be retained at a purchaser’s place of business shall be available for inspection by any law-enforcement officer or, upon written request and during the purchaser’s regular business hours, by any investigator employed by a public utility or railroad to investigate the theft of public utility or railroad property: Provided, That in lieu of the purchaser keeping the records at their place of business, the purchaser shall file the records with the local detachment of the State Police and with the chief of police of the municipality or the sheriff of the county wherein he or she is transacting business within seventy-two hours of completion of the purchase. The records shall be retained by the State Police and the chief of police of the municipality or the sheriff for a period of not less than three years.

            (h) To the extent otherwise permitted by law, any investigator employed by a public utility or railroad to investigate the theft of public utility or railroad property may accompany a law-enforcement officer upon the premises of a purchaser in the execution of a valid warrant or assist law enforcement in the review of records required to be retained pursuant to this section.

            (i) Upon the entry of a final determination and order by a court of competent jurisdiction, scrap metal found to have been misappropriated, stolen or taken under false pretenses may be returned to the proper owner of such material.

            (j) Nothing in this section applies to scrap purchases by manufacturing facilities that melt, or otherwise alter the form of scrap metal and transform it into a new product or to the purchase or transportation of food and beverage containers or other nonindustrial materials having a marginal value per individual unit.

            (k) (1) Nothing in this section applies to a purchaser of a vehicle on which a catalytic converter is installed, a purchaser of a catalytic converter intended for installation on a vehicle owned or leased by the purchaser, or any person who purchases, other than for purposes of resale, a catalytic converter or a motor vehicle on which a catalytic converter is installed, for personal, family, household or business use.

            (2) In transactions not exempted by subdivision (1) of this subsection, any person delivering five or more automobile catalytic converters to a scrap metal dealer shall, in addition to the requirements set forth in subsection (c) of this section, execute a document stating he or she is the lawful owner of the catalytic converters, or authorized by the lawful owner to sell the catalytic converters. Next to his or her signature he or she shall place a clear impression of his or her index finger or thumb that is in ink and free of smearing. This documentation shall be maintained consistent with subsection (c) of this section.

            (l) Any person who knowingly or with fraudulent intent violates any provision of this section for which no penalty is specifically set forth, including the knowing failure to make a report or the knowing falsification of any required information, is guilty of a misdemeanor and, upon conviction of a first offense thereof, shall be fined not less than $1,000 nor more than $3,000; upon conviction of a second offense thereof shall be fined not less than $2,000 and not more than $4,000 and, notwithstanding the provisions of section five, article twelve, chapter eleven of this code, the court in which the conviction occurred shall issue an order directing the Tax Commissioner to suspend for a period of six months any business registration certificate held by that person; and upon conviction of a third or subsequent offense thereof shall be fined not less than $3,000 and not more than $5,000 and, notwithstanding the provisions of section five, article twelve, chapter eleven of this code, the court in which the conviction occurred shall issue an order directing the Tax Commissioner to cancel any business registration certificate held by that person and state the date said cancellation shall take effect.

            (m) No person may have or take possession of any scrap metal that he or she knows, or has reason to know, has been stolen or unlawfully obtained. Any person violating this subsection is guilty of larceny.

            (n) No scrap metal dealer may purchase, possess or receive scrap metal that the scrap metal dealer knows, or has reason to know, has been stolen or unlawfully obtained by the seller. Any person violating this subsection is guilty of larceny.

            (o) No scrap metal dealer may purchase, possess or receive any of the following items of scrap metal, or any reasonably recognizable part thereof, without obtaining written documentation which reflects that the seller is authorized to possess and sell the item or items and that the seller is in lawful possession of the item of scrap metal:

            (1) Utility access covers;

            (2) Street light poles or fixtures;

            (3) Road or bridge guard rails;

            (4) Water meter covers;

            (5) Highway or street signs;

            (6) Traffic directional or traffic control signs;

            (7) Traffic light signals;

            (8) Any metal marked with any form of the name or initials of a governmental entity;

            (9) Property marked as or readily identifiable as owned by a telephone, cable, electric, water or other utility provider;

            (10) Property owned and marked by a railroad;

            (11) Cemetery markers or vases;

            (12) Historical markers;

            (13) Utility manhole covers and storm water grates; and

            (14) Fire hydrant or fire hydrant caps; or

            (15) Twisted pair copper telecommunications wiring of twenty-five pair or greater in nineteen, twenty-two, twenty-four or twenty-six gauge.

            (p) No scrap metal dealer may purchase or sell gold, silver, platinum or paladium in the form of jewelry, ingots, bullion or coins as a part of its business activities under its business registration certificate.

            (q) The provisions of this section do not apply to a jewelry store or business whose primary business activity involves the buying, trading, investment or sale of coins, bullion, ingots, jewelry or precious metals, including gold, silver, jewelry platinum and paladium.

            (p)(r) Nothing in this section prohibits a scrap dealer from purchasing or taking possession of scrap metal knowing or have reason to know that it is stolen or obtained illegally if it is done pursuant to a written agreement with law-enforcement officials.”

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 307, Authorizing community corrections programs to operate pretrial release program; on second reading, coming up in regular order, was read a second time.

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

ARTICLE 11C. THE WEST VIRGINIA COMMUNITY CORRECTIONS ACT.

§62-11C-5. Establishment of programs.

            (a) Any county or combination of counties or a county or counties and a Class I or II municipality may establish and operate community corrections programs, as provided for in this section, to be used both prior to trial as a condition of bond in circuit and magistrate court, as well as an alternative sentencing option for those offenders sentenced within the jurisdiction of the county or counties which establish and operate the program: Provided, That the chief judge must certify that the community corrections facility is available for use in connection with the imposition of pretrial bond conditions.

            (b) Any county or combination of counties or a county or counties and a Class I or II municipality that seek to establish programs as authorized in this section shall submit plans and specifications for the programs to be established, including proposed budgets, for review and approval by the community corrections subcommittee established in section three of this article.

            (c) Any county or combination of counties or a county or counties and a Class I or II municipality may establish and operate an approved community corrections program to provide alternative sanctioning options for an offender who is convicted of an offense for which he or she may be sentenced to a period of incarceration in a county or regional jail or a state correctional facility and for which probation or home incarceration may be imposed as an alternative to incarceration.

            (d) Community corrections programs authorized by subsection (a) of this section may provide, but are not limited to providing, any of the following services:

            (1) Probation supervision programs;

            (2) Day fine programs;

            (3) Community service restitution programs;

            (4) (3) Home incarceration programs;

            (5) (4) Substance abuse treatment programs;

            (6) (5) Sex offender containment programs;

            (7) (6) Licensed domestic violence offender treatment programs;

            (8) (7) Day reporting centers;

            (9) (8) Educational or counseling programs;

            (10) (9) Drug courts; or

            (11)(10) Community beautification and reclamation programs for state highways, municipal, county and state parks and recreation areas and community gardens; and

            (11) Pretrial release programs.

            (e) A county or combination of counties or a county or counties and a Class I or II municipality which establish and operate community corrections programs as provided for in this section may contract with other counties to provide community corrections services.

            (f) For purposes of this section, the phrase ‘may be sentenced to a period of incarceration’ means that the statute defining the offense provides for a period of incarceration as a possible penalty.

            (g) No provision of this article may be construed to allow a person participating in or under the supervision of a community corrections program to earn good time or any other reduction in sentence.

            (h) Nothing in this section should be construed as to prohibit a court from imposing a surety bond as a condition of a pretrial release.

§62-11C-7. Supervision or participation fee.

            (a) A circuit judge, magistrate, municipal court judge or community criminal justice board may require the payment of a supervision or participation fee from any person required to be supervised by or participate in a community corrections program. The circuit judge, magistrate, municipal court judge or community criminal justice board shall consider the person’s ability to pay in determining the imposition and amount of the fee.

            (b) A circuit judge, magistrate or community criminal justice board may require payment of a supervision or participation fee of $7 per person per day of pretrial supervision from the county commission pursuant to a pretrial release program established pursuant to article eleven-f of this chapter.

            (c) A person supervised pursuant to the provisions of article eleven-f of this chapter who is later convicted of an offense or offenses underlying the person’s participation in the pretrial release program, may be assessed by the sentencing court, as a cost of prosecution, a fee not to exceed $30 per month for each month the person was in the pretrial supervision program.

            (b) (d) All fees ordered by the circuit court, magistrate court, municipal court or community criminal justice board pursuant to this section are to be paid to the community criminal justice board, who shall remit the fees monthly to the treasurer of the county designated as the fiscal agent for the board pursuant to section six of this article.

ARTICLE 11F. PRETRIAL RELEASE PROGRAMS.

§62-11F-1. Applicability.

            This article applies to adult charged with one or more misdemeanors or felonies and who are incarcerated in a regional jail prior to adjudication.

§62-11F-2. Establishment of pretrial release programs.

            (a) Legislative Findings and Purpose: It is the purpose of pretrial release programs to employ recommendations from the Council of State Government’s Justice Center’s Analyses and Policy Options to Reduce Spending on Corrections and Reinvest in Strategies to Increase Public Safety, by providing for uniform statewide risk assessment and monitoring of those released prior to trial, facilitating a statewide response to the problem of overcrowded regional jails and costs to county commissions.

            (b) Any county, circuit or combination thereof that establishes a pretrial program pursuant to this article shall establish a local community pretrial committee that consists of:

            (1) a prosecutor or his or her designee;

            (2) a county commissioner, or his or her designee;

            (3) a sheriff, or his or her designee;

            (4) an executive director of a community corrections program, or his or her designee;

            (5) a chief probation officer, or his or her designee; and

            (6) a member of the criminal defense bar.

            (c) Pretrial release programs may monitor, supervise and assist defendants released prior to trial.

            (d) Nothing in this article should be construed to prohibit a court from requiring a defendant to post a secured bond as a condition of pretrial release.

            (e) In addition to funding provided pursuant to subsection (c), section three, pretrial release programs may be funded by appropriations made to the Supreme Court of Appeals for such purpose.

§62-11F-3. Pretrial release program guidelines.

            (a) The Supreme Court of Appeals has complete oversight and authority over all pretrial services.

            (b) The Supreme Court of Appeals shall establish recommended guidelines for pretrial programs to use when ordering pretrial release for defendants whose pretrial risk assessment indicate that they are an appropriate candidate for pretrial release.

            (c) The Community Corrections Subcommittee of the Governor’s Committee on Crime, Delinquency and Correction, pursuant to section two, article eleven-c, chapter sixty-two of this code, shall approve policy and funding for the development, maintenance and evaluation of pretrial release programs. Any county, circuit or combination thereof that establishes a pretrial program intended to provide pretrial release services shall submit a grant proposal to the Community Corrections Subcommittee of the Governor’s Committee on Crime, Delinquency and Correction for review and approval.

§62-11F-4. Pretrial release assessment.

            The Supreme Court of Appeals of West Virginia may adopt a standardized pretrial risk assessment for use by pretrial release programs to aid in making pretrial decisions under article one-c of this chapter.

§62-11F-5. Role of pretrial release programs.

            (a) A pretrial release program established pursuant to this article, shall:

            (1) Collect and present the necessary information, present risk assessment and make release recommendations to the court;

            (2) Present information to the court relating to the risk defendants may pose in failing to appear in court or of threatening the safety of the community or any other person and, consistent with court policy, develop release recommendations responding to risk;

            (3) Develop and provide appropriate and effective supervision for all persons released pending adjudication who are assigned supervision as a condition of release;

            (4) Monitor compliance of released defendants with the requirements of assigned release conditions;

            (5) Promptly inform the court of all apparent violations of pretrial release conditions or arrests of persons released pending trial, including those directly supervised by pretrial services as well as those released under other forms of conditional release, and recommend appropriate modifications of release conditions;

            (6) Coordinate the services of other agencies, individuals or organizations that may serve as custodians for released defendants, and advise the court as to their appropriateness, availability, reliability and capacity relating to pretrial release conditions;

            (7) Review the status of detained defendants on ongoing basis for any changes in eligibility for release options and facilitate their release as soon as feasible and appropriate;

            (8) Develop and operate an accurate information management system to support prompt identification, information collections and presentation, risk assessment, release conditions selection, compliance monitoring and detention review functions essential to an effective pretrial release program; and

            (9) Remind persons released before trial of their court dates to attempt to facilitate their court appearance.

            An amendment to the amendment, offered by Delegate Barrett, was reported by the Clerk.            On motion of Delegate White, the bill was then laid over.

            S. B. 325, Providing State Fire Marshal serve at will and pleasure of Fire Commission; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk 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 3. FIRE PREVENTION AND CONTROL ACT.

§29-3-11. Appointment of State Fire Marshal; term of office; removal; salary; qualifications; responsibilities; employees; equipment.

            (a) The State Fire Commission shall appoint a State Fire Marshal. in accordance with the qualifications approved by the state civil service commission as provided in article six, chapter twenty-nine of this code. He can be removed by the commission at any time for neglect of duty or other conduct unbecoming his office as provided in article six, chapter twenty-nine of this code The State Fire Marshal serves at the will and pleasure of the commission and is exempt from coverage under the classified civil service system.

            (b) The State Fire Marshal shall have a baccalaureate degree from an accredited four year college or university, or equivalent experience as determined by the commission, and six years of full-time or part-time equivalent paid or volunteer experience in fire prevention or fire safety including two years in a supervisory capacity in fire prevention and fire safety.

            (c) The State Fire Marshal, within policy established by the State Fire Commission, shall have all responsibility for the implementation of fire safety programs in this state designated to minimize fire hazards and disaster and loss of life and property from these causes. These responsibilities include, but are not limited to, the establishment and enforcement of fire safety practices throughout the state, preventive inspection and correction activities, coordination of fire safety programs with volunteer and paid fire departments and critical analysis and evaluation of West Virginia’s fire loss statistics for determination of problems and solutions.

            (c) (d) The State Fire Marshal may employ such technical, clerical, stenographic and other personnel and fix their compensation and may incur such expenses as may be necessary in the performance of the duties of his or her office within the appropriation therefor. Employees of the Fire Marshal’s Office shall be members of the state civil service system, and all appointments of the office shall be a part of the classified service under the civil service system.

            Further, any individual who is employed to conduct criminal investigations or who may become actively involved in matters of a criminal nature shall first be required to pass a civil service examination testing his or her competency and proficiency in the law of arrest, search and seizure and other criminal procedures relating to the powers granted to the State Fire Marshal pursuant to the provisions of this article.

            (d) (e) The State Fire Marshal and other personnel of the State Fire Marshal’s Office shall be provided with appropriate office space, furniture, equipment, supplies, stationery and printing in the same manner as provided for other state agencies.”

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 356, Relating to purchasing reforms; on second reading, coming up in regular order, was read a second time

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

            “That §5A-1-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto a new section, designated §5A-1-10; that §5A-3-1, §5A-3-3, §5A-3-4, §5A-3-5, §5A-3-11, §5A-3-17, §5A-3-28, §5A-3-30 and §5A-3-31 of said code be amended and reenacted; that said code be amended by adding thereto three new sections, designated §5A-3-10d, §5A-3-10e; and §12-3-10d of said code be amended and reenacted, all to read as follows:

CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.

ARTICLE 1. DEPARTMENT OF ADMINISTRATION.

§5A-1-1. Definitions.

            For the purpose of this chapter:

            (1) ‘Commodities’ means supplies, material, equipment contractual services, and any other articles or things used by or furnished to a department, agency or institution of state government.

            (2) ‘Contractual services’ means telephone, telegraph, electric light and power, water and similar services.

            (2) ‘Contract’ means an agreement between a state spending unit and a vendor relating to the procurement of commodities or services, or both.

            (3) ‘Debarment’ means the exclusion of a vendor from the right to bid on contracts to sell goods or supply services to the state or its subdivisions for a specified period of time.

            (4) ‘Director’ means the director of the division referred to in the heading of the article in which the word appears.

            (5) ‘Electronic’ means electrical, digital, magnetic, optical, electromagnetic or any other similar technology.

            (6) ‘Electronic transmission’ or ‘electronically transmitted’ means any process of communication not directly involving the physical transfer of paper that is suitable for the retention, retrieval and reproduction of information by the recipient.

            (7) ‘Expendable commodities’ means those commodities which, when used in the ordinary course of business, will become consumed or of no market value within the period of one year or less.

            (8) ‘Grant’ means the furnishing of assistance, financial or otherwise, to any person or entity to support a program authorized by law.

            (8) (9) ‘Nonprofit workshops’ means an establishment: (A) Where any manufacture or handiwork is carried on; (B) which is operated either by a public agency or by a cooperative or by a nonprofit private corporation or nonprofit association, in which no part of the net earnings thereof inures, or may lawfully inure, to the benefit of any private shareholder or individual; (C) which is operated for the primary purpose of providing remunerative employment to blind or severely disabled persons who cannot be absorbed into the competitive labor market; and (D) which shall be approved, as evidenced by a certificate of approval, by the State Board of Vocational Education, Division of Vocational Rehabilitation.

            (9) (10) ‘Printing’ means printing, binding, ruling, lithographing, engraving and other similar services.

            (11) ‘Procurement’ means the buying, purchasing, renting, leasing or otherwise obtaining of commodities or services.

            (12) ‘Public funds’ means funds of any character, including federal moneys, belonging to or in the custody of any state spending unit.

            (10) (13) ‘Record’ means information that is inscribed on a read-only tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

            (11) (14) ‘Removable property’ means any personal property not permanently affixed to or forming a part of real estate.

            (12) (15) ‘Request for quotations’ means a solicitation for a bid where cost is the primary factor in determining the award.

            (13) (16) ‘Responsible bidder’ means a vendor who has the capability to fully perform the contract requirements, and the integrity and reliability which will assure good-faith performance.

            (14) (17) ‘Responsive bidder’ means a vendor who has submitted a bid which conforms in all material respects to the bid solicitation.

            (15) (18) ‘Secretary’ means the Secretary of Administration.

            (19) ‘Services’ means the furnishing of labor, time, expertise or effort, not involving the delivery of a specific end commodity or product other than one that may be incidental to the required performance.

            (16) (20) ‘Spending officer’ means the executive head of a spending unit, or a person designated by him or her.

            (17) (21) ‘Spending unit’ means a department, bureau, department, division, office, board commission, authority, agency or institution of the state government for which an appropriation is requested of the Governor, or to which an appropriation is made by the Legislature, unless a specific exemption from this chapter is provided in this code.

            (18) (22) ‘The state and its subdivisions’ means the State of West Virginia, every political subdivision thereof, every administrative entity that includes such a subdivision, all municipalities and all county boards of education.

            (19) (23) ‘Vendor’ means any person or entity that is registered with the purchasing division to may, through contract or other means, supply the state or its subdivisions with commodities or services, and lessors of real property.

§5A-1-10. General procurement provisions for state spending units.

            (a) Unless this code specifically provides to the contrary, all spending units, whenever possible, shall base purchases for commodities and services on a competitive process and utilize available statewide contracts.

            (b) The secretary shall issue a notice to cease and desist to any spending unit when the secretary has credible evidence that a spending unit has failed, whenever possible, to purchase commodities and services on a competitive basis or to use available statewide contracts. Failure to abide by such notice may result in penalties set forth in section seventeen, article three of this chapter.

ARTICLE 3. PURCHASING DIVISION.

§5A-3-1. Division created; purpose; director; applicability of article; continuation.

            (a) The Purchasing Division within the Department of Administration is continued. for the purpose of establishing centralized offices to provide purchasing, and travel services to the various state agencies. The underlying purposes and policies of the Purchasing Division are:

            (1) To establish centralized offices to provide purchasing and travel services to the various state agencies;

            (2) To simplify, clarify and modernize the law governing procurement by this state;

            (3) To permit the continued development of procurement policies and practices;

            (4) To make as consistent as possible the procurement rules and practices among the various spending units;

            (5) To provide for increased public confidence in the procedures followed in public procurement;

            (6) To ensure the fair and equitable treatment of all persons who deal with the procurement system of this state;

            (7) To provide increased economy in procurement activities and to maximize to the fullest extent practicable the purchasing value of public funds;

            (8) To foster effective broad-based competition within the free enterprise system;

            (9) To provide safeguards for the maintenance of a procurement system of quality and integrity; and

            (10) To obtain in a cost-effective and responsive manner the commodities and services required by spending units in order for those spending units to better serve this state’s businesses and residents.

            (b) The Director of the Purchasing Division shall, at the time of appointment:

            (1) Be a graduate of an accredited college or university; and

            (2) Have spent a minimum of ten of the fifteen years immediately preceding his or her appointment employed in an executive capacity in purchasing for any unit of government or for any business, commercial or industrial enterprise.

            (c) The provisions of this article apply to all of the spending units of state government, except as otherwise provided by this article or by law.

            (d) The provisions of this article do not apply to the judicial branch, the legislative branch, to purchases of stock made by the Alcohol Beverage Control Commissioner and to purchases of textbooks for the State Board of Education.

            (e) The provisions of this article apply to every expenditure of public funds by a spending unit for commodities and services irrespective of the source of the funds.

§5A-3-3. Powers and duties of Director of Purchasing.

            The director, under the direction and supervision of the secretary, shall be the executive officer of the Purchasing Division and shall have the power and duty to:

            (1) Direct the activities and employees of the Purchasing Division;

            (2) Ensure that the purchase of or contract for commodities and services shall be based, whenever possible, on competitive bid;

            (3) Purchasing Purchase or contract for, in the name of the state, the commodities, services and printing required by the spending units of the state government;

            (4) Apply and enforce standard specifications established in accordance with section five of this article as hereinafter provided;

            (5) Transfer to or between spending units or sell commodities that are surplus, obsolete or unused as hereinafter provided;

            (6) Have charge of central storerooms for the supply of spending units, as the director deems advisable;

            (7) Establish and maintain a laboratory for the testing of commodities and make use of existing facilities in state institutions for that purpose as hereinafter provided, as the director deems advisable;

            (8) Suspend the right and privilege of a vendor to bid on state purchases when the director has evidence that such vendor has violated any of the provisions of the purchasing law or the rules and regulations of the director;

            (9) Examine the provisions and terms of every contract entered into for and on behalf of the State of West Virginia that impose any obligation upon the state to pay any sums of money for commodities or services and approve each such contract as to such provisions and terms; and the duty of examination and approval herein set forth does not supersede the responsibility and duty of the Attorney General to approve such contracts as to form: Provided, That the provisions of this subdivision do not apply in any respect whatever to construction or repair contracts entered into by the Division of Highways of the Department of Transportation: Provided, however, That the provisions of this subdivision do not apply in any respect whatever to contracts entered into by the University of West Virginia Board of Trustees or by the Board of Directors of the State College System, except to the extent that such boards request the facilities and services of the director under the provisions of this subdivision; and

            (10) Assure that the specifications and commodity descriptions in all ‘requests for quotations’ solicitations are prepared so as to permit provide all potential suppliers-vendors who can meet the requirements of the state an opportunity to bid and to assure that the specifications and descriptions do not favor a particular brand or vendor. If the director determines that any such specifications or descriptions as written favor a particular brand or vendor or if it is decided, either before or after the bids are opened, that a commodity or service having different specifications or quality or in different quantity can be bought, the director may rewrite the ‘requests for quotations’ solicitation and the matter shall be rebid; and

            (11) Issue a notice to cease and desist to a spending unit when the director has credible evidence that a spending unit has violated competitive bidding or other requirements established by this article and the rules promulgated hereunder. Failure to abide by such notice may result in penalties set forth in section seventeen of this article.

§5A-3-4. Rules of director.

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

            (1) Authorize a spending unit to purchase specified commodities and services directly and prescribe the manner in which such purchases shall be made;

            (2) Authorize, in writing, a spending unit to purchase commodities and services in the open market for immediate delivery in emergencies, defines define emergencies and prescribe the manner in which such purchases shall be made and reported to the director;

            (3) Prescribe the manner in which commodities and services shall be purchased, delivered, stored and distributed;

            (4) Prescribe the time for making requisitions and estimates of commodities and services, the future period which they are to cover, the form in which they shall be submitted and the manner of their authentication;

            (5) Prescribe the manner of inspecting all deliveries of commodities, and making chemical and physical tests of samples submitted with bids and samples of deliveries to determine compliance with specifications;

            (6) Prescribe the amount and type of deposit or bond to be submitted with a bid or contract and the amount of deposit or bond to be given for the faithful performance of a contract;

            (7) Prescribe a system whereby the director shall be required, upon the payment by a vendor of an annual fee established by the director, to give notice to such vendor of all bid solicitations for commodities and services of the type with respect to which such vendor specified notice was to be given, but no such fee shall exceed the cost of giving the notice to such vendor, nor shall such fee exceed the sum of $125 per fiscal year nor shall such fee be charged to persons seeking only reimbursement from a spending unit;

            (8) Prescribe that each state contract entered into by the Purchasing Division shall contain provisions for liquidated damages, remedies or provisions for the determination of the amount or amounts which the vendor shall owe as damages, in the event of default under such contract by such vendor, as determined by the director;

            (9) Prescribe contract management procedures for all state contracts except government construction contracts including, but not limited to, those set forth in article twenty-two, chapter five of this code;

            (10) Prescribe procedures by which oversight is provided to actively monitor spending unit purchases, including, but not limited to, all technology and software commodities and contractual services exceeding $1 million, approval of change orders and final acceptance by the spending units;

            (11) Prescribe that each state contract entered into by the Purchasing Division contain provisions for the cancellation of the contract upon thirty days’ notice to the vendor;

            (12) Prescribe procedures for selling surplus commodities to the highest bidder by means of an Internet auction site;

            (13) Provide such other matters as may be necessary to give effect to the foregoing rules and the provisions of this article; and

            (14) Prescribe procedures for encumbering purchase orders to ensure that the proper account may be encumbered before sending purchase orders to vendors.

            (b) The director shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to prescribe qualifications to be met by any person who is to be employed in the Purchasing Division as a state buyer. The rules must provide that a person may not be employed as a state buyer unless he or she at the time of employment either is:

            (1) A graduate of an accredited college or university; or

            (2) Has at least four years’ experience in purchasing for any unit of government or for any business, commercial or industrial enterprise.

            Persons serving as state buyers are subject to the provisions of article six, chapter twenty-nine of this code.

§5A-3-5. Purchasing section standard specifications – Promulgation and adoption by director; applicable to all purchases.

            (a) The director shall promulgate and adopt standard specifications based on scientific and technical data for appropriate commodities and services, which shall establish the quality to which commodities to be purchased and services to be contracted for by the state must conform.

            (b) Standard specifications shall apply to every future purchase of or contract for the commodities or services described in the specifications and shall include information relating to the cost of maintenance and expected life of the commodity if the director determines there are nationally accepted industry standards for the commodity.

            (c) No purchases by any spending unit may be exempt from compliance with the standard specifications so established, but the director may exempt the purchase of particular items from the standard specifications if it is considered necessary and advisable.

            (d) The director shall update the standard specifications, as necessary.

§5A-3-10d. Reverse auctions.

            (a) Notwithstanding any other provision of this code, the director is hereby authorized to initiate reverse auctions to procure commodities. The director may not use reverse auctions for the procurement of services under any circumstances.

            (b) Reverse auctions may be utilized if the director determines their use would be fair, economical and in the best interests of the state, and the commodities to be procured:

            (1) Are subject to low price volatility;

            (2) Have specifications that are common and not complex;

            (3) Vary little between suppliers;

            (4) Are sourced primarily based on price, with limited ancillary considerations;

            (5) Require little collaboration from suppliers; and

            (6) Are sold by a large, competitive supply base.

            (c) For purposes of this section, ‘reverse auction’ means a process by which bidders compete to provide commodities in an open and interactive market, including but not limited to the internet. Reverse auction bids are opened and made public upon receipt by the director, and then bidders are given the opportunity to submit revised bids until the bidding process is complete. The contract is awarded to the lowest responsible bidder.

            (d) The director may contract with qualified, industry-recognized third-party vendors to conduct reverse auctions on behalf of the director.

            (e) The director shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to establish the procedures for conducting reverse auctions. The rules shall include procedures for contracting with qualified, industry-recognized third-party vendors.

§5A-3-10e. Master contracts; direct ordering process.

            (a) Subject to the limitations of this section, the director may permit spending units to procure commodities directly from a pre-approved vendor through a master contract direct ordering process if the director determines the process is fair, economical and in the best interests of the state.

            (b) Definitions.-- For purposes of this section:

            (1) ‘Information technology’ means hardware and software related to electronic processing, and storage, retrieval, transmittal and manipulation of data.

            (2) ‘Master contract’ means an agreement, having a term of no more than one year, between the Purchasing Division and at least two pre-approved vendors authorizing a spending unit to purchase a commodity directly and on a recurrent basis through the direct ordering process.

            (3) ‘Pre-approved vendor’ means a ‘vendor’, as that term is defined in section one, article one, chapter five-a of this code, that has entered into a master contract with the Purchasing Division and may participate in the direct ordering process subject to the terms and conditions of the master contract.

            (4) ‘Direct ordering process’ means the competitive bidding process whereby the pre-approved vendors that are parties to a master contract may submit sealed bids directly to spending units to provide a commodity identified in the master contract subject to the limitations set forth in this section.

            (c) Master contract procedures.--

            (1) For each master contract, the director shall set forth the requirements, technical or otherwise, under which a vendor may be qualified to supply a commodity through the direct ordering process. For each master contract, the director shall follow the notice and advertising requirements set forth in section ten, article three, chapter five-a of this code.

            (2) A master contract may authorize the direct ordering process for only one type of commodity.

            (3) A vendor may submit information to the director to establish that it meets the requirements set forth in the master contract.

            (4) If the director determines that a vendor meets the requirements set forth in the master contract, the vendor may enter into the master contract as a pre-approved vendor.

            (d) Direct ordering procedures.--

            (1) A spending unit may commence the direct ordering process by issuing a request for a commodity identified in the master contract, stating in the request the quantity of the commodity to be procured in that particular instance.

            (2) The pre-approved vendor that submits the lowest bid in response to the request shall be awarded the procurement in that particular instance.

            (3) The direct ordering process may not be utilized for any request for commodities, other than information technology, anticipated to cost more than $50,000, unless approved in writing by the Director of Purchasing. The state may not issue a series of orders each anticipated to cost less than $50,000 to circumvent the monetary limitation in this subsection.

            (4) The direct ordering process may not be utilized for any request for information technology anticipated to cost more than $1,000,000, unless approved in writing by the Director of Purchasing. The state may not issue a series of orders each anticipated to cost less than $1,000,000 to circumvent the monetary limitation in this subsection.

            (e) Rule-making authority.-- The Director of the Purchasing Division shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement this section, including but not limited to provisions to establish procedures for the solicitation and authorization of master contracts, preapproval of vendors and implementation of direct ordering.

§5A-3-11. Purchasing in open market on competitive bids; debarment; bids to be based on written specifications; period for alteration or withdrawal of bids; awards to lowest responsible bidder; uniform bids; record of bids; requirements of vendors to pay taxes, fees and debts; exception; grant exemption.

            (a) The director may make a purchase of commodities, printing and services of $25,000 or less in amount in the open market, but the purchase shall, wherever possible, be based on at least three competitive bids, and shall include the cost of maintenance and expected life of the commodities if the director determines there are nationally accepted industry standards for the commodities being purchased.

            (b) The director may authorize spending units to purchase commodities, printing and services in the amount of $2,500 or less in the open market without competitive bids: Provided, That the cost of maintenance and expected life of the commodities must be taken into consideration if the director determines there are nationally accepted industry standards for the commodities being purchased.

            (c) Bids shall be based on the written specifications in the advertised bid request and may not be altered or withdrawn after the appointed hour for the opening of the bids.

            (d) A vendor who has been debarred pursuant to the provisions of sections thirty-three-a thirty-three-b through thirty-three-f article three, chapter five-a of this code article may not bid on or be awarded a contract under this section.

            (e) All open market orders, purchases based on advertised bid requests or contracts made by the director or by a state department shall be awarded to the lowest responsible bidder or bidders, taking into consideration the qualities of the commodities or services to be supplied, their conformity with specifications, their suitability to the requirements of the government, the delivery terms and, if the director determines there are nationally accepted industry standards, cost of maintenance and the expected life of the commodities: Provided, That state bids on school buses shall be accepted from all bidders who shall then be awarded contracts if they meet the state board’s Minimum Standards for Design and Equipment of School Buses. County boards of education may select from those bidders who have been awarded contracts and shall pay the difference between the state aid formula amount and the actual cost of bus replacement. Any or all bids may be rejected.

            (f) If all bids received on a pending contract are for the same unit price or total amount, the director has the authority to reject all bids, and to purchase the required commodities, printing and services in the open market, if the price paid in the open market does not exceed the bid prices.

            (g) The bid must be received by the Purchasing Division prior to the specified date and time of the bid opening. The failure to deliver or the nonreceipt of the bid by the Purchasing Division prior to the appointed date and hour shall result in the rejection of the bid. The vendor is solely responsible for the receipt of bid by the Purchasing Division prior to the appointed date and hour of the bid opening. All bids will be opened publicly by two or more persons from the Purchasing Division. Vendors will be given notice of the day, time and place of the public bid opening. Bids may be viewed immediately after being opened.

            (h) After the award of the order or contract, the director, or someone appointed by him or her for that purpose, shall indicate upon the successful bid that it was the successful bid. Thereafter, the copy of each bid in the possession of the director shall be maintained as a public record, shall be open to public inspection in the office of the director and may not be destroyed without the written consent of the Legislative Auditor.

            (i)(1) A grant awarded by the state is exempt from the competitive bidding requirements set forth in this chapter, unless the grant is used to procure commodities or services that directly benefit a spending unit.

            (2) If a grant awarded to the state requires the procurement of commodities or services that will directly benefit a spending unit, the procurement is not exempt from the competitive bidding requirements set forth in this chapter.

            (3) If a grant awarded to the state requires the state to transfer some or all of the grant to an individual, entity or vendor as a subgrant to accomplish a public purpose, and no contract for commodities or services directly benefitting a spending unit will result, the subgrant is not subject to the competitive bidding requirements set forth in this chapter.

§5A-3-17. Purchases or contracts violating article void; personal liability.

            If a spending unit purchases or contracts for commodities or services contrary to the provisions of this article or the rules and regulations made thereunder, such purchase or contract shall be void and of no effect. The head spending officer of such spending unit, or any other individual charged with responsibility for the purchase or contract, shall be personally liable for the costs of such purchase or contract, and, if already paid out of state funds, the amount thereof may be recovered in the name of the state in an appropriate action instituted therefor: Provided, That the state establishes by a preponderance of the evidence that the individual acted knowingly and willfully.

§5A-3-28. Financial interest of secretary, etc.; receiving reward from interested party; penalty; application of bribery statute.

            (a) Neither the secretary, nor the director nor any employee of the Division of Purchasing, shall be financially interested, or have any beneficial personal interest, directly or indirectly, in the purchase of any commodities, services or printing, nor in any firm, partnership, corporation or association furnishing them. Neither the secretary, nor the director nor any employee of the Division of Purchasing, shall accept or receive directly or indirectly from any person, firm or corporation, known by such secretary, director or employee to be interested in any bid, contract or purchase, by rebate, gift or otherwise, any money or other thing of value whatsoever, or any promise, obligation or contract for future reward or compensation.

            (b) A person who violates this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not less than three months nor more than one year, or fined not less than $50 nor more than $1,000, or both, in the discretion of the court: Provided, That any person who violates any of the provisions of the last sentence of the first paragraph of this section under circumstances constituting the crime of bribery under the provisions of section three, article five-a, chapter sixty-one of this code, shall, upon conviction of bribery, be punished as provided in said article five-a.

§5A-3-30. Statement of purpose; obtaining money and property under false pretenses or by fraud from the state; or a political subdivision of the state; penalties; definition.

            (a) The Legislature of the State of West Virginia hereby declares that the purpose of this statute is to promote equal and fair bidding for the purchase of commodities and services by the state, and any political subdivision of the state purchasing commodities under any state contract, to eliminate fraud in the procurement of commodities and services by the state.

            (b) It is unlawful for any person to obtain any services, money, goods or other property from the state or any political subdivision of the state under any contract made under the provisions of this article, by false pretense, token or representation, or by delivery of inferior commodities, with intent to defraud. A person who violates this subsection is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for not less than one year nor more than five years, and shall be fined not exceeding $1,000 $10,000.

            (c) It shall not be a defense to a charge under this section that: (1) The commodities or services purchased were accepted and used, or are being used, by the state; or a political subdivision of the state; or (2) the commodities or services are functional or suitable for the purpose for which the commodities or services were purchased by the state or a political subdivision of the state notwithstanding the standard or specification issued by the purchasing agency or the division of purchasing.

            (d) For the purpose of this section, ‘inferior commodities’ includes, but shall not be limited to: (1) Any commodity which does not meet the specification or standard issued by the purchasing agency and the Division of Purchasing, or any change order approved by both the purchasing agency and Division of Purchasing; and (2) any commodity which is of a lesser quality, quantity or measure of any kind set forth within the specification or standard issued by the purchasing agency and the Division of Purchasing.

§5A-3-31. Corrupt actions, combinations, collusions or conspiracies prohibited; penalties.

            (a) It shall be unlawful for any person to corruptly act alone or combine, collude or conspire with one or more other persons with respect to the purchasing or supplying of services, commodities or printing to the state under the provisions of this article if the purpose or effect of such action, combination, collusion or conspiracy is either to: (1) Lessen competition among prospective vendors; or (2) cause the state to pay a higher price for such services, commodities or printing than would be or would have been paid in the absence of such action, combination, collusion or conspiracy; or (3) cause one prospective vendor or vendors to be preferred over one or more other prospective vendor or vendors.

            (b) Any person who violates any provision of this section shall be is guilty of a felony and, upon conviction thereof, shall be confined imprisoned in penitentiary a state correctional facility not less than one nor more than five years, and be fined not exceeding $5,000.

§5A-3-60. Annual purchasing training.

            (a) All executive department secretaries, commissioners, deputy commissioners, assistant commissioners, directors, deputy directors, assistant directors, department heads, deputy department heads and assistant department heads are hereby required to take two hours of training on purchasing procedures and purchasing cards annually.

            (b) The Director of the Purchasing Division and the Auditor shall offer the two-hour training required by this section at least two times per year and shall develop its substance in accordance with the requirements of this article and other relevant provisions of this code. The training shall be recorded by audio and visual means and shall be made available to the individuals listed in subsection (a) of this section in the event they are unable to attend the training in person.

            (c) All individuals listed in subsection (a) of this section shall certify, in writing and on a form developed by the Director of the Purchasing Division, the date, time, location and manner in which they took the training. Completed forms shall be returned to the director and maintained in his or her office.

CHAPTER 12. PUBLIC MONEYS AND SECURITIES.

Article 3. Appropriations, Expenditures and Deductions.

§12-3-10d. Purchasing Card Fund created; expenditures.

            (a) All money received by the state pursuant to any agreement with vendors providing purchasing charge cards, and any interest or other return earned on the money, shall be deposited in a special revenue revolving fund, designated the Purchasing Card Administration Fund, in the State Treasury to be administered by the Auditor. The fund shall be used to pay all expenses incurred by the Auditor in the implementation and operation of the Purchasing Card Program and may be used to pay expenses related to the general operation of the Auditor’s office. The Auditor also may use the fund to pay expenses incurred by spending units associated with the use of the card, including system and program enhancements, and inspection and monitoring of compliance with all applicable rules and procedures. Expenditures from the fund shall be made in accordance with appropriations by the Legislature pursuant to the provisions of article three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter five-a of this code.

            (b) Within three days of receiving rebate moneys resulting from state spending unit purchasing card purchases, the Auditor shall transfer fifteen and one-half twenty-five percent of such rebate moneys to the Purchasing Improvement Fund created pursuant to section fifty-eight, article three, chapter five-a of this code.

            (c) Within three days of receiving rebate moneys resulting from state spending unit purchasing card purchases, the Auditor shall transfer fifteen and one-half ten percent of such rebate moneys to the Hatfield-McCoy Regional Recreation Authority, fifteen percent of such moneys to the State Park Operating Fund.”

            On motion of Delegate Folk, the amendment was amended on page twenty-four, section thirty-one, page twenty-four, line eighteen, following the word “exceeding”, by striking out the word “5,000” and inserting in lieu thereof “10,000”.

            On motion of Delegate Sponaugle, the amendment was then amended on page twenty-five, section ten-d, line seventeen, by striking out the section in its entirety and inserting in lieu thereof the following:

§12-3-10d. Purchasing Card Fund created; expenditures.

            (a) All money received by the state pursuant to any agreement with vendors providing purchasing charge cards, and any interest or other return earned on the money, shall be deposited in a special revenue revolving fund, designated the Purchasing Card Administration Fund, in the State Treasury to be administered by the Auditor. The fund shall be used to pay all expenses incurred by the Auditor in the implementation and operation of the Purchasing Card Program and may be used to pay expenses related to the general operation of the Auditor's office. The Auditor also may use the fund to pay expenses incurred by spending units associated with the use of the card, including system and program enhancements, and inspection and monitoring of compliance with all applicable rules and procedures. Expenditures from the fund shall be made in accordance with appropriations by the Legislature pursuant to the provisions of article three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter five-a of this code.

            (b) Within three days of receiving rebate moneys resulting from state spending unit purchasing card purchases, the Auditor shall transfer fifteen and one-half percent of such rebate moneys to the Purchasing Improvement Fund created pursuant to section fifty-eight, article three, chapter five-a of this code.

            (c) Within three days of receiving rebate moneys resulting from state spending unit purchasing card purchases, the Auditor shall transfer fifteen and one-half ten percent of such rebate moneys to the Hatfield-McCoy Regional Recreation Authority, ten percent of such moneys to the State Park Operating Fund.”

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

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 357, Relating to Logging Sediment Control Act civil and criminal penalties; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 383, Permitting certain residential real estate owners limited exemptions from licensing requirements; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 393, Amending funding levels and date Governor may borrow from Revenue Shortfall Reserve Fund; on second reading, coming up in regular order, was read a second time.

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

ARTICLE 2. STATE BUDGET OFFICE.

§11B-2-20. Reduction of appropriations; powers of Governor; Revenue Shortfall Reserve Fund and permissible expenditures therefrom.

            (a) Notwithstanding any provision of this section, the Governor may reduce appropriations according to any of the methods set forth in sections twenty-one and twenty-two of this article. The Governor may, in lieu of imposing a reduction in appropriations, request an appropriation by the Legislature from the Revenue Shortfall Reserve Fund established in this section.

            (b) A The Revenue Shortfall Reserve Fund is hereby continued within the State Treasury. The Revenue Shortfall Reserve Fund shall be funded continuously and on a revolving basis in accordance with this subsection up to an aggregate amount not to exceed thirteen percent of the total appropriations from the State Fund, General Revenue, for the fiscal year just ended. The Revenue Shortfall Reserve Fund shall be funded as set forth in this subsection from surplus revenues, if any, in the State Fund, General Revenue, as the surplus revenues may accrue from time to time.

            Within sixty days of the end of each fiscal year, the secretary shall cause to be deposited into the Revenue Shortfall Reserve Fund such amount of the first fifty percent of all surplus revenues, if any, determined to have accrued during the fiscal year just ended, as may be necessary to bring the balance of the Revenue Shortfall Reserve Fund to thirteen percent of the total appropriations from the State Fund, General Revenue, for the fiscal year just ended. If at the end of any fiscal year the Revenue Shortfall Reserve Fund is funded at an amount equal to or exceeding thirteen percent of the state’s General Revenue Fund budget for the fiscal year just ended, then there shall be no further deposit by the secretary under the provisions of this section of any surplus revenues as set forth in this subsection until that time the Revenue Shortfall Reserve Fund balance is less than thirteen percent of the total appropriations from the State Fund, General Revenue.

            (c) Not earlier than November 1 of each calendar year, if the state’s fiscal circumstances are such as to otherwise trigger the authority of the Governor to reduce appropriations under this section or section twenty-one or twenty-two of this article, then in that event the Governor may notify the presiding officers of both houses of the Legislature in writing of his or her intention to convene the Legislature pursuant to section nineteen, article VI of the Constitution of West Virginia for the purpose of requesting the introduction of a supplementary appropriation bill or to request a supplementary appropriation bill at the next preceding regular session of the Legislature to draw money from the surplus Revenue Shortfall Reserve Fund to meet any anticipated revenue shortfall. If the Legislature fails to enact a supplementary appropriation from the Revenue Shortfall Reserve Fund during any special legislative session called for the purposes set forth in this section or during the next preceding regular session of the Legislature, then the Governor may proceed with a reduction of appropriations pursuant to sections twenty-one and twenty-two of this article. Should any amount drawn from the Revenue Shortfall Reserve Fund pursuant to an appropriation made by the Legislature prove insufficient to address any anticipated shortfall, then the Governor may also proceed with a reduction of appropriations pursuant to sections twenty-one and twenty-two of this article.

            (d) Upon the creation of the fund, the Legislature is authorized and may make an appropriation from the Revenue Shortfall Reserve Fund for revenue shortfalls, for emergency revenue needs caused by acts of God or natural disasters or for other fiscal needs as determined solely by the Legislature.

            (e) Prior to October 31 in any fiscal year in which revenues are inadequate to make timely payments of the state’s obligations, the Governor may, by executive order, after first notifying the presiding officers of both houses of the Legislature in writing, borrow funds from the Revenue Shortfall Reserve Fund: Provided, That for the fiscal year 2014, pursuant to this subsection and subject to all other conditions, requirements and limitations set forth in this section, the Governor may borrow funds from the Revenue Shortfall Reserve Fund prior to the first day of April. The amount of funds borrowed under this subsection shall not exceed one and one-half percent of the general revenue estimate for the fiscal year in which the funds are to be borrowed, or the amount the Governor determines is necessary to make timely payment of the state’s obligations, whichever is less. Any funds borrowed pursuant to this subsection shall be repaid, without interest, and redeposited to the credit of the Revenue Shortfall Reserve Fund within ninety days of their withdrawal.

            (f) There is hereby created in the State Treasury The Revenue Shortfall Reserve Fund – Part B is continued within the State Treasury. The Revenue Shortfall Reserve Fund – Part B shall consist of moneys transferred from the West Virginia Tobacco Settlement Medical Trust Fund pursuant to the provisions of section two, article eleven-a, chapter four of this code, repayments made of the loan from the West Virginia Tobacco Settlement Medical Trust Fund to the Physician’s Mutual Insurance Company pursuant to the provisions of article twenty-f, chapter thirty-three of this code and all interest and other return earned on the moneys in the Revenue Shortfall Reserve Fund – Part B. Moneys in the Revenue Shortfall Reserve Fund – Part B may be expended solely for the purposes set forth in subsection (d) of this section, subject to the following conditions:

            (1) No moneys in the Revenue Shortfall Reserve Fund – Part B nor any interest or other return earned thereon may be expended for any purpose unless all moneys in the Revenue Shortfall Reserve Fund described in subsection (b) of this section have first been expended, except that the interest or other return earned on moneys in the Revenue Shortfall Reserve Fund – Part B may be expended as provided in subdivision (2) of this subsection; and

            (2) Notwithstanding any other provision of this section to the contrary, the Legislature may appropriate any interest and other return earned thereon that may accrue on the moneys in the Revenue Shortfall Reserve Fund – Part B after June 30, 2025, for expenditure for the purposes set forth in section three, article eleven-a, chapter four of this code; and

            (3) Any appropriation made from Revenue Shortfall Reserve Fund – Part B shall be made only in instances of revenue shortfalls or fiscal emergencies of an extraordinary nature.

            (g) Subject to the conditions upon expenditures from the Revenue Shortfall Reserve Fund – Part B prescribed in subsection (f) of this section, in appropriating moneys pursuant to the provisions of this section, the Legislature may in any fiscal year appropriate from the Revenue Shortfall Reserve Fund and the Revenue Shortfall Reserve Fund – Part B a total amount up to, but not exceeding, ten percent of the total appropriations from the State Fund, General Revenue, for the fiscal year just ended.

            (h) (1) Of the moneys in the Revenue Shortfall Reserve Fund, $100 million, or such greater amount as may be certified as necessary by the Director of the Budget for the purposes of subsection (e) of this section, shall be made available to the West Virginia Board of Treasury Investments for management and investment of the moneys in accordance with the provisions of article six-c, chapter twelve of this code. All other moneys in the Revenue Shortfall Reserve Fund shall be made available to the West Virginia Investment Management Board for management and investment of the moneys in accordance with the provisions of article six, chapter twelve of this code. Any balance of the Revenue Shortfall Reserve Fund, including accrued interest and other return earned thereon at the end of any fiscal year, shall does not revert to the General Fund but shall remain in the Revenue Shortfall Reserve Fund for the purposes set forth in this section.

            (2) All of the moneys in the Revenue Shortfall Reserve Fund – Part B shall be made available to the West Virginia Investment Management Board for management and investment of the moneys in accordance with the provisions of article six, chapter twelve of this code. Any balance of the Revenue Shortfall Reserve Fund – Part B, including accrued interest and other return earned thereon at the end of any fiscal year, shall not revert to the General Fund but shall remain in the Revenue Shortfall Reserve Fund – Part B for the purposes set forth in this section.”

            The bill was then ordered to third reading.

            S. B. 403, Regulating importation and possession of certain injurious aquatic species; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 414, Redirecting nonprobate appraisement filings; 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 seven, line thirty-three, following the word “all”, by inserting the word “personal”.

            On page seven, section fourteen, line twenty-nine, following the word “all”, by inserting the word “personal”.

            And,

            On page eleven, section fourteen, line one hundred one, by striking the words “of said article”, by inserting the words “article eleven, chapter eleven of this code”.

             The bill was then ordered to third reading.

            Com. Sub. for S. B. 419, Creating Overdose Prevention Act; on second reading, coming up in regular order, was, on motion of Delegate White, laid over.

            Com. Sub. for S. B. 431, Relating to issuance and renewal of certain driver’s licenses and federal ID cards; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 434, Eliminating revocation period for certain DUI offenders; 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 sixteen, section 3a, subsection (e), subdivision (2), line two-hundred sixty-seven, by striking out subdivision (2) in its entirety, and inserting in lieu thereof, the following:

            (2) The application and acceptance of a person into the Motor Vehicle Alcohol Test and Lock Program pursuant to this subdivision (1) constitutes an automatic waiver of their right to an administrative hearing. The Office of Administrative Hearings may not conduct a hearing on a matter which is the basis for a person actively participating in the Motor Vehicle Alcohol Test and Lock Program.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 450, Relating to sale and consumption of alcoholic liquors in certain outdoor dining areas; on second reading, coming up in regular order, was, on motion of Delegate White, laid over.

            S. B. 454, Defining dam “owner”; 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 six, line ninety-two, following subdivision (3), by adding a new subdivision, designated subdivision (4), to read the follows:

            “(4) Not withstanding any provisions of this article, no owner of real property, land, upon which a dam is constructed pursuant to public law 78-534, section 13 of the Flood Control Act of 1944; Public Law 83-566, the Watershed protection and Flood Prevention Act of 1954; the pilot watershed program authorized under the heading ‘flood prevention’ of the Department of Agriculture Appropriation Act of 1954, public law 156, 67 Stat. 214; or Subtitle H of Title XV of the Agriculture and Flood Act of 1981, commonly known as the Resource Conservation and Development Program, 16 U.S.C. §3451 shall be responsible for or liable for any repairs, maintenance, or damage arising from regular operation, maintenance, deficiencies or ownership of said dam. Nor shall an owner be cited as a non-complaint owner or for any deficiencies of said dam. Provided, That the land owner shall not intentionally harm or damage, or cause or interfere with the regular operation, maintenance of said dam.”

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 477, Providing teachers determine use of time during planning period; on second reading, coming up in regular order, was read a second time.

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

ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.

§18A-4-14. Duty-free lunch and daily planning period for certain employees.

            (a) Notwithstanding the provisions of section seven, article two of this chapter, every teacher who is employed for a period of time more than one half the class periods of the regular school day and every service person whose employment is for a period of more than three and one-half hours per day and whose pay is at least the amount indicated in the state minimum pay scale as set forth in section eight-a of this article shall be provided a daily lunch recess of not less than thirty consecutive minutes, and the employee shall not be assigned any responsibilities during this recess. The recess shall be included in the number of hours worked, and no county shall increase the number of hours to be worked by an employee as a result of the employee being granted a recess under the provisions of this section.

            (b) Every teacher who is regularly employed for a period of time more than one half the class periods of the regular school day shall be provided at least one planning period within each school instructional day to be used to complete necessary preparations for the instruction of pupils. No teacher may be assigned any responsibilities during this period, and no county shall increase the number of hours to be worked by a teacher as a result of such teacher being granted a planning period subsequent to the adoption of this section (March 13, 1982). The use of the entire period of time allotted for a planning period is determined by the teacher. This does not prohibit any teacher from participating in school related activities or conducting school related meetings during a planning period at his or her discretion. Administrators may not require a teacher to attend meetings, training or any other work related event during a planning period. A planning period begins once students are physically delivered to another teacher or dismissed from a class.

            The duration of the planning period shall be in accordance with the following:

            (1) For grades where the majority of the student instruction is delivered by only one teacher, the planning period shall be no less than forty minutes; and

            (2) For grades where students take separate courses during at least four separate periods of instruction, most usually delivered by different teachers for each subject, the planning period shall be the length of the usual class period taught by the teacher, but no less than forty minutes. Principals, and assistant principals, where applicable, shall cooperate in carrying out the provisions of this subsection, including, but not limited to, assuming control of the class period or supervision of students during the time the teacher is engaged in the planning period. Substitute teachers may also be utilized to assist with classroom responsibilities under this subsection: Provided, That any substitute teacher who is employed to teach a minimum of two consecutive days in the same position shall be granted a planning period pursuant to this section.

            (c) Nothing in this section prevents any teacher from exchanging his or her lunch recess or a planning period or any service person from exchanging his or her lunch recess for any compensation or benefit mutually agreed upon by the employee and the county superintendent or his or her agent: Provided, That a teacher and the superintendent or his or her agent may not agree to terms which are different from those available to any other teacher granted rights under this section within the individual school or to terms which in any way discriminate among those teachers within the individual school, and a service person granted rights under this section and the superintendent or his or her agent may not agree to terms which are different from those available to any other service personnel within the same classification category granted rights under this section within the individual school or to terms which in any way discriminate among those service personnel within the same classification category within the individual school.

            (d) The state board shall conduct a study on planning periods. The study shall include, but not be limited to, the appropriate length for planning periods at the various grade levels and for the different types of class schedules. The board shall report its findings and recommendations to the Legislative Oversight Commission on Education Accountability no later than December 31, 2013.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 507, Relating to Board of Barbers and Cosmetologists;on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page three, section four, line thirty-two, by striking out the words “privately owned”.

            On page three, section four, line thirty four, by striking out the word “and” and inserting a new subdivision (7) to read “One representative from a privately owned beauty school licensed in West Virginia; and”

            And,

            On page four, section four, subdivision (7), line thirty five, by striking out “(7)” and inserting in lieu there of “(8)”.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 523, Providing for additional state veterans skilled nursing facility in Beckley; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Veterans’ Affairs and Homeland Security, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking out section ten, and inserting in lieu thereof a new section ten to read as follows:

CHAPTER 9A. VETERANS’ ASSISTANCE.

ARTICLE 1. DEPARTMENT OF VETERANS’ ASSISTANCE.

§9A-1-10. Powers and duties of director secretary.

            The director secretary is the executive and administrative head of the division department and has the power and duty, subject to the provisions of section four of this article, to:

            (a) Supervise and put into effect the purposes and provisions of this article and the rules for the government of the division department;

            (b) Prescribe methods pertaining to investigations and reinvestigations of all claims and to the rights and interests of all veterans, their widows, widowers, dependents and orphans;

            (c) Prescribe uniform methods of keeping all records and case records of the veterans, their widows, widowers, dependents and orphans;

            (d) Sign and execute, in the name of the state by West Virginia Division Department of Veterans’ Affairs Assistance, and by and with the consent of the Veterans’ Council, any contract or agreement with the federal government or its agencies, other states, subdivisions of this state, corporations, associations, partnerships or individuals;

            (e) Supervise the fiscal affairs and responsibilities of the division department;

            (f) Organize the division department to comply with the requirements of this article and with the standards required by any federal act or any federal agency;

            (g) Establish any regional or area offices throughout the state that are necessary to promote efficiency and economy in administration;

            (h) Make reports that comply with the requirements of any federal act or federal agency and the provisions of this article;

            (i) Cooperate with the federal and state governments for the more effective attainment of the purposes of this article;

            (j) Keep a complete and accurate record of all proceedings; record and file all contracts and agreements and assume responsibility for the custody and preservation of all papers and documents pertaining to his or her office and the division department;

            (k) Prepare for the Veterans’ Council the annual reports to the Governor of the condition, operation and functioning of the division department;

            (l) Exercise any other powers necessary and proper to standardize the work; to expedite the service and business; to assure fair consideration of the rights and interests and claims of veterans, their widows, widowers, dependents and orphans; to provide resources for a program which will promote a greater outreach to veterans and which will advise them of the benefits and services that are available; and to promote the efficiency of the division department;

            (m) Invoke any legal, equitable or special remedies for the enforcement of his or her orders or the provisions of this article;

            (n) Appoint the veterans’ affairs officers and heads of divisions of the division department, and of regional or area offices, and employ assistants and employees, including case managers and counselors, that are necessary for the efficient operation of the division department;

            (o) Provide resources and assistance in the development of an Internet website which is to be used to inform veterans of programs and services available to them through the division department and the state and federal governments;

            (p) Delegate to all or any of his or her appointees, assistants or employees all powers and duties vested in the director secretary, except the power to sign and execute contracts and agreements: but the director Provided, That the secretary shall be responsible for the acts of his or her appointees, assistants and employees; and

            (q) Provide volunteers who will drive or transport Award grants, in his or her discretion, subject to available appropriations, to provide for the transportation of veterans to veterans’ hospitals from the veteran’s home or local Veterans’ affairs Assistance offices. and who shall be paid an expense per diem of seventy-five dollar.

            (r) Enter into an agreement with the Commissioner of the Department of Agriculture to transfer without consideration all or part of the approximately seventeen acres of the Department of Agriculture property in Beckley, West Virginia, located adjacent to the Jackie Withrow Hospital which was formerly known as Pinecrest Hospital, for construction of a veterans skilled nursing facility.

            And,

            On page eleven, section four, line fifty, following the words “Veterans’ Assistance to transfer”, by inserting the words “without consideration”.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 574, Clarifying mobile home permanently attached to real estate is not personal property under certain conditions;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:

CHAPTER 11. TAXATION.

ARTICLE 5. ASSESSMENT OF PERSONAL PROPERTY.

§11-5-12. Mobile homes situate upon property owned by a person other than owner of mobile home.

            Mobile homes situate situated upon property owned by a person other than the owner of the mobile home shall be are classified as personal property whether or not said the mobile home is permanently affixed to the real estate and, unless subject to assessment as Class II property under section eleven of this article or section two, article four of this chapter, shall be are assessed as Class III or Class IV personal property, as may be appropriate in the circumstances.

            A mobile home permanently attached to the real estate of the owner may not be classified as personal property if the owner has filed a canceled certificate of title with the clerk of the county commission and the clerk has recorded it in the same manner as deeds are recorded and indexed.

CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION,

CERTIFICATE OF TITLE AND ANTITHEFT PROVISIONS.

ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF CERTIFICATES OF TITLE.

§17A-3-12b. Canceled certificates of title for certain mobile and manufactured homes.

            The commissioner may cancel a certificate of title for a mobile or manufactured home affixed to the real property of the owner of the mobile or manufactured home. The person requesting the cancellation shall submit to the commissioner an application for cancellation together with the certificate of title. The application shall be on a form prescribed by the commissioner. The commissioner shall return one copy of the cancellation certificate to the owner and shall send a copy of the cancellation certificate to the clerk of the county commission to be recorded and indexed in the deed book same manner as a deed, with the owner’s name being indexed in the grantor index. The commissioner shall charge a fee of $10 per certificate of title canceled. The clerk shall return a copy of the recorded cancellation certificate to the owner, unless there is a lien attached to the mobile or manufactured home, in which case the copy of the recorded cancellation certificate shall be returned to the lienholder. Upon recordation its recording in the county clerk’s office, the mobile or manufactured home shall be treated for all purposes as an appurtenance to the real estate to which it is affixed and be transferred only as real estate and the ownership interest in the mobile or manufactured home, together with all liens and encumbrances on the home, shall be transferred to and shall encumber the real property to which the mobile or manufactured home has become affixed.”

            The bill was then ordered to third reading.

            S. B. 593, Authorizing issuance of limited lines travel insurance producer license (original same; 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:

ARTICLE 12. INSURANCE PRODUCERS AND SOLICITORS.

§33-12-32b. Travel Insurance Entity Producer Limited License Act.

            (a) Definitions. For purposes of this section:

            (1) A ‘group policy’ means a policy issued to:

            (A) A railroad company, steamship company, carrier by air, public bus carrier, or other common carrier of passengers, which is deemed the policyholder, where the policy insures its passengers; or

            (B) Any other group if the commissioner has determined by rule that the members are engaged in a common enterprise or have an economic or social affinity or relationship, and that issuance of the policy would not be contrary to the best interests of the public.

            (2) ‘Offer and disseminate’ means providing general information, including descriptions of coverage and price, processing applications, collecting premiums, and performing other activities permitted in this state without a license issued by the commissioner.

            (3) ‘Travel insurance’ means:

            (A) An individual or group policy of insurance that provides coverage for personal risks incident to planned travel, including but not limited to:

            (i) Interruption or cancellation of a trip or event;

            (ii) Loss of baggage or personal effects;

            (iii) Damages to accommodations or rental vehicles; or

            (iv) Sickness, accident, disability or death occurring during travel.

            (B) ‘Travel insurance’ does not include major medical plans that provide comprehensive medical protection for travelers with trips lasting six months or longer, including but not limited to those working overseas as expatriates or military personnel deployed overseas.

            (4) ‘Travel insurance entity producer’ means an entity which is licensed under this section, is appointed by an insurer, and has the supervisory duties set forth in subdivisions (3), (4), (5), (6) and (7), subsection (c) of this section.

            (5) ‘Travel retailer’ means an entity that makes, arranges or offers travel services, which may offer and disseminate travel insurance on behalf of and under the direction of a travel insurance entity producer.

            (b) License requirements. Notwithstanding any other provision of law:

            (1) The commissioner may issue a travel insurance entity producer license, which authorizes the sale, solicitation or negotiation of travel insurance issued by a licensed insurer, to a person meeting the requirements of this section.

            (2) An entity seeking a license under this section shall apply on a form and in a manner prescribed by the commissioner.

            (3) The fee for a travel insurance entity producer license is $200.

            (c) Conditions. A travel retailer may offer and disseminate travel insurance policies under a license issued to a travel insurance entity producer only if all of the following conditions are met:

            (1) The travel retailer agrees that it is bound by all applicable provisions of this section and that no employee or authorized representative, who is not licensed as an individual insurance producer, may:

            (A) Evaluate or interpret the technical terms, benefits, and conditions of the offered travel insurance coverage;

            (B) Evaluate or provide advice concerning a prospective purchaser’s existing insurance coverage; or

            (C) Hold himself or herself out as a licensed insurer, licensed producer, or insurance expert.

            (2) The travel retailer makes available to prospective purchasers brochures or other written materials that:

            (A) State the identity and contact information of the insurer and the travel insurance entity producer;

            (B) Describe the material terms, or contain the actual material terms, of the travel insurance coverage;

            (C) Describe the process for filing a claim under the travel insurance policy;

            (D) Describe the review and cancellation processes for the travel insurance policy;

            (E) Explain that the purchase of travel insurance is not required in order to purchase any other product or service from the travel retailer; and

            (F) Explain that a travel retailer not licensed by the commissioner may provide general information about the travel insurance offered, including a description of the coverage and price, but is not qualified or authorized to answer technical questions about the travel insurance or to evaluate the adequacy of a prospective purchaser’s existing insurance coverage.

            (3) On a form prescribed by the commissioner, the travel insurance entity producer establishes, maintains and updates annually a register of all travel retailers that offer travel insurance on behalf of the travel insurance entity producer:

            (A) The register shall include the name, address, and contact information of each travel retailer and of the person who directs or controls the travel retailer’s operations, and the travel retailer’s federal tax identification number;

            (B) The travel insurance entity producer shall certify that the register complies with 18 U.S.C. 1033; and

            (C) The travel insurance entity producer shall submit the register to the commissioner within thirty days upon request.

            (4) The travel insurance entity producer designates one of its employees who is a licensed individual producer as the responsible producer for the travel insurance entity producer’s compliance with this section and any rules promulgated hereunder; and

            (5) The designated responsible producer, and the president, secretary, treasurer and any other person who directs or controls the travel insurance entity producer’s insurance operations, comply with the fingerprinting requirements applicable to insurance producers in the resident state of the travel insurance entity producer.

            (6) The travel insurance entity producer pays all applicable insurance producer licensing fees set forth in this chapter or rules promulgated hereunder.

            (7) The travel insurance entity producer requires each employee and authorized representative of the travel retailer whose duties include offering and disseminating travel insurance to receive a program of instruction or training, which the commissioner may review and approve or disapprove. The training program shall, at a minimum, contain instructions on the types of insurance offered, ethical sales practices, and required disclosures to prospective customers.

            (d) A licensee under this section, and those registered under its license pursuant to subdivision (3), subsection (c) of this section, are exempt from examination under section five of this article and from continuing education requirements under section eight of this article.

            (e) A licensee under this section is subject to the provisions of section six-b of this article as if it were an insurance agency.

            (f) License renewal. The commissioner shall annually renew, on the expiration date as provided in this subsection, the license of a licensee who qualifies and applies for renewal on a form prescribed by the commissioner and pays the fee set forth in subdivision three, subsection (b) of this section: Provided, That the commissioner may fix the dates of expiration of travel insurance entity producer licenses as he or she deems advisable for efficient distribution of the workload of his or her office:

            (1) If the expiration date so fixed would upon first occurrence shorten the period for which a license fee has been paid, no refund of unearned fee shall be made;

            (2) If the expiration date so fixed would upon first occurrence lengthen the period for which a license fee has been paid, the commissioner shall charge no additional fee for the lengthened period;

            (3) If no date is so fixed by the commissioner, each license shall, unless continued as provided in this subsection, expire at midnight on June 30 following issuance; and

            (4) A licensee that fails to timely renew its license may reinstate its license, retroactive to the expiration date, upon submission of the renewal application within twelve months after the expiration date and payment of a penalty in the amount of $50.

            (g) Appointment. A travel insurance entity producer may not act as an agent of an insurer unless the insurer appoints the travel insurance entity producer as its agent, as follows:

            (1) The insurer shall file, in a format approved by the commissioner, a notice of appointment within fifteen days from the date the agency contract is executed and shall pay a nonrefundable appointment processing fee in the amount of $25: Provided, That an insurer may elect to appoint a travel insurance entity producer to all or some insurers within the insurer’s holding company system or group by filing a single notice of appointment;

            (2) Upon receipt of a notice of appointment, the commissioner shall verify within a reasonable time, not to exceed thirty days, that the travel insurance entity producer is eligible for appointment: Provided, That the commissioner shall notify the insurer within five days of a determination that the travel insurance entity producer is ineligible for appointment; and

            (3) The insurer shall remit, no later than midnight on May 31 annually and in a manner prescribed by the commissioner, a renewal appointment fee for each appointed travel insurance entity producer in the amount of $25; and

            (4) The insurer shall maintain a current list of travel insurance entity producers appointed to accept applications on behalf of the insurer, and shall make the list available to the commissioner upon reasonable request for purposes of conducting investigations and enforcing the provisions of this chapter.

            (h) Effect of registration. Notwithstanding any other provision of law, if a travel retailer’s insurance-related activities, and those of its employees and authorized representatives, are limited to offering and disseminating travel insurance on behalf of and under the direction of a licensed travel insurance entity producer, the travel retailer may perform those activities and receive related compensation, upon registration by the travel insurance entity producer pursuant to subdivision (3), subsection (c) of this section.

            (i) Liability. As the insurer’s appointed agent, the travel insurance entity producer is liable for the acts of the travel retailer in offering and disseminating travel insurance under the travel insurance entity producer’s license and shall use reasonable means to ensure compliance by the travel retailer with this section.

            (j) Enforcement. If the commissioner determines:

            (1) That a travel retailer or its employee has violated this section, the commissioner may after notice and hearing:

            (A) Impose fines not to exceed $500 per violation or $5,000 in the aggregate for the conduct; and

            (B) Impose other or additional penalties that the commissioner deems necessary and reasonable to carry out the purpose of this section, including:

            (i) Suspending or revoking the privilege of offering and disseminating travel insurance pursuant to this section by specific business retailers or at specific business retail locations where violations have occurred;

            (ii) Suspending or revoking the privilege of individual employees of a travel retailer to act under this section; and

            (iii) Placing the travel retailer or its employees on probation under terms and conditions prescribed by the commissioner.

            (2) That a travel insurance entity producer has failed to perform its duties under this section or has otherwise violated this section, the travel insurance entity producer is subject to the provisions of section twenty-four of this article.

            (k) The commissioner may propose rules or legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement this section.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 621, Authorizing insurers offer flood insurance; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 623, Requiring notification of certain substance abuse screening of mine personnel; on second reading, coming up in regular order, was read a second time.

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

ARTICLE 1A. OFFICE OF MINERS’ HEALTH, SAFETY AND TRAINING; ADMINISTRATION; SUBSTANCE ABUSE.

§22A-1A-1. Substance abuse screening; minimum requirements; standards and procedures for screening.

            (a) Every employer of certified persons, as defined in section two, article one of this chapter, shall implement a substance abuse screening policy and program that shall, at a minimum, include:

            (1) A preemployment, ten-panel urine test for the following and any other substances as set out in rules adopted by the Office of Miners’ Health, Safety and Training:

            (A) Amphetamines,

            (B) Cannabinoids/THC,

            (C) Cocaine,

            (D) Opiates,

            (E) Phencyclidine (PCP),

            (F) Benzodiazepines,

            (G) Propoxyphene,

            (H) Methadone,

            (I) Barbiturates, and

            (J) Synthetic narcotics.

            Split samples shall be collected by providers who are certified as complying with standards and procedures set out in the United States Department of Transportation’s rule, 49 CFR Part 40, which may be amended from time to time by legislative rule of the Office of Miners’ Health, Safety and Training. Collected samples shall be tested by laboratories certified by the United States Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA) for collection and testing. Notwithstanding the provisions of this subdivision, the mine operator may implement a more stringent substance abuse screening policy and program;

            (2) A random substance abuse testing program covering the substances referenced in subdivision (1) of this subsection. ‘Random testing’ means that each person subject to testing has a statistically equal chance of being selected for testing at random and at unscheduled times. The selection of persons for random testing shall be made by a scientifically valid method, such as a random number table or a computer-based random number generator that is matched with the persons’ social security numbers, payroll identification numbers, or other comparable identifying numbers; and

            (3) Review of the substance abuse screening program with all persons required to be tested at the time of employment, upon a change in the program and annually thereafter.

            (b) For purposes of this subsection, preemployment testing shall be required upon hiring by a new employer, rehiring by a former employer following a termination of the employer/employee relationship, or transferring to a West Virginia mine from an employer’s out-of-state mine to the extent that any substance abuse test required by the employer in the other jurisdiction does not comply with the minimum standards for substance abuse testing required by this article. Furthermore, the provisions of this section apply to all employers that employ certified persons who work in mines, regardless of whether that employer is an operator, contractor, subcontractor or otherwise.

            (c) The employer or his or her agent shall notify the director at least quarterly, on a form prescribed by the director, of the number of preemployment substance abuse screening tests administered during the prior calendar quarter and the number of positive test results associated with the substance abuse screening tests administered.

            (d) The employer or his or her agent shall notify the director, on a form prescribed by the director, within seven days following completion of an arbitration conducted pursuant to a collective bargaining agreement applicable to the certified person, if any, of discharging a certified person for violation of the employer’s substance abuse screening policy and program. The notification shall be accompanied by a record of the test showing positive results or other violation.

            (1) Every employer shall notify the director, on a form prescribed by the director, within seven (7) days of any of the following:

            (A) A positive drug or alcohol test of a certified person, whether it be a pre-employment test, reasonable suspicion test, or post-accident test;

            (B) The refusal of a certified person to submit a sample;

            (C) A certified person possessing a substituted sample or an adulterated sample; or

            (D) A certified person submitting a substituted sample or an adulterated sample.

            (2) With respect to any certified person subject to a collective bargaining agreement, the employer shall notify the director, on a form prescribed by the director, within seven (7) days of any of the following: Provided, That, notification pursuant to this subdivision shall not result in the immediate temporary suspension, suspension or revocation of any certificate held by a certified person who is subject to a collective bargaining agreement unless and until the arbitration is concluded and the discharge is upheld:

            (A) A positive drug or alcohol test of a certified person, whether it be a pre-employment test, reasonable suspicion test, or post-accident test;

            (B) The refusal of a certified person to submit a sample;

            (C) A certified person possessing a substituted sample or an adulterated sample; or

            (D) A certified person submitting a substituted sample or an adulterated sample.

            (3) When the employer submits the completed notification form prescribed by the director, the employer shall also submit a copy of the laboratory test results showing the substances tested for and the results of the test.

            (4) Notice shall result in the immediate temporary suspension of all certificates held by the certified person who failed the screening, pending a hearing before the board of appeals pursuant to section two of this article: Provided, That, notification pursuant to this subsection shall not result in the immediate temporary suspension of any certificate held by a certified person who is subject to a collective bargaining agreement unless and until the arbitration is concluded and the discharge is upheld, and no certificate held by a certified person who is subject to a collective bargaining agreement shall be suspended or revoked unless the discharge is upheld in arbitration.

            (e) (d) Suspension or revocation of a certified person’s certificate as a miner or other miner specialty in another jurisdiction by the applicable regulatory or licensing authority for substance abuse-related matters shall result in the director immediately and temporarily suspending the certified person’s West Virginia certificate until such time as the certified person’s certification is reinstated in the other jurisdiction.

            (f) (e) The provisions of this article shall not be construed to preclude an employer from developing or maintaining a drug and alcohol abuse policy, testing program or substance abuse program that exceeds the minimum requirements set forth in this section. The provisions of this article shall also not be construed to require an employer to alter, amend, revise or otherwise change, in any respect, a previously established substance abuse screening policy and program that meets or exceeds the minimum requirements set forth in this section. The provisions of this article shall require an employer to subject its employees who as part of their employment are regularly present at a mine and who are employed in a safety-sensitive position to preemployment and random substance abuse tests: Provided, That each employer shall retain the discretion to establish the parameters of its substance abuse screening policy and program so long as it meets the minimum requirements of this article. For purposes of this section, a ‘safety-sensitive position’ means an employment position where the employee’s job responsibilities include duties and activities that involve the personal safety of the employee or others working at a mine.”

            On motion of Delegate Manchin, the amendment was amended on page four, section one, line three, before the word “reasonable”, by inserting the words “random test” and a comma.

            And,

            On page four, section one, line twenty, before the word “reasonable”, by inserting the words “random test” and a comma.

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

            The bill was then ordered to third reading.

            Com. Sub. for H. B. 4015, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution; on second reading, coming up in regular order, was read a second time.

            At the request of Delegate White, and by unanimous consent, the bill was advanced to third reading with amendments pending, and with the restricted right to amend by Delegate Boggs, and the rule was suspended to permit the consideration of the amendments on that reading.

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

            Com. Sub. for S. J. R. 12, Proposing constitutional amendment designated Protecting and Conserving West Virginia’s Water Resources for the Use and Benefit of its Citizens Amendment,

            Com. Sub. for S. J. R. 14, Proposing constitutional amendment designated Future Fund Amendment,

            Com. Sub. for S. B. 6, Regulating sale of drug products used in manufacture of methamphetamine,

            S. B. 88, Relating to claims for total loss and debris removal proceeds under farmers’ mutual fire insurance companies,

            Com. Sub. for S. B. 140, Authorizing Department of Commerce promulgate legislative rules,

            Com. Sub. for S. B. 204, Relating to crime victims compensation awards,

            Com. Sub. for S. B. 253, Clarifying code for Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth,

            Com. Sub. for S. B. 315, Clarifying use of certain funds under Military Authority Act,

            Com. Sub. for S. B. 317, Relating to municipal firearm laws,

            Com. Sub. for S. B. 344, Expiring funds from State Fund, General Revenue, and making

supplemental appropriations to various agencies,

            Com. Sub. for S. B. 345, Expiring funds from State Fund, General Revenue, and making supplementary appropriations to MAPS,

            S. B. 350, Requiring Agriculture Commissioner propose legislative rules for Rural Rehabilitation Loan Program,

            Com. Sub. for S. B. 353, Relating to timber theft in state forests,

            Com. Sub. for S. B. 379, Reclassifying counties,

            S. B. 380, Redefining “all-terrain and utility terrain vehicles”,

            Com. Sub. for S. B. 391, Providing salary increase for teachers and school service personnel,

            Com. Sub. for S. B. 395, Relating to operation and oversight of certain human services benefit programs,

            Com. Sub. for S. B. 409, Relating to education reform,

             Com. Sub. for S. B. 425, Relating to licensure, supervision and regulation of physician assistants,

            S. B. 426, Relating to appointments to certain higher education commissions, councils and boards,

            Com. Sub. for S. B. 430, Relating to receipting of state moneys ,

Com. Sub. for S. B. 432, Relating to calculating local share,

            Com. Sub. for S. B. 439, Permitting Ohio County Commission levy special district excise tax for Fort Henry,

            Com. Sub. for S. B. 458, Dedicating certain circuit court fees to fund low-income persons’ civil legal services,

            Com. Sub. for S. B. 461, Creating Future Fund,

            Com. Sub. for S. B. 469, Creating Veterans and Warriors to Agriculture Program,            S. B. 480, Expanding period during which certain motor vehicle liens are valid,

            S. B. 485, Exempting DOH from certain permitting requirements of Natural Stream Preservation Act,

            Com. Sub. for S. B. 486, Establishing salaries and providing raises for State Police forensic lab employees,

            Com. Sub. for S. B. 495, Increasing collections into Land Division special revenue account,

            Com. Sub. for S. B. 504, Authorizing Auditor establish Debt Resolution Services Division,

            S. B. 533, Updating commercial feed laws; setting fees by rule,

            Com. Sub. for S. B. 535, Clarifying definition of “ginseng”,

            S. B. 547, Clarifying municipalities can increase and decrease voting wards and/or council members,

            Com. Sub. for S. B. 553, Relating to deadlines for independent candidates to file for municipal elections,

            S. B. 572, Relating to financing statements covering as-extracted collateral or timber to be cut,

            S. B. 583, Permitting emergency rule-making authority to implement Spay Neuter Assistance Program,

            Com. Sub. for S. B. 584, Relating to expiration and renewal of Board of Registration for

Professional Engineers’ certificates,

            S. B. 585, Removing unconstitutional language regarding access to rail lines,

            S. B. 586, Removing unconstitutional language regarding jurors and verdicts permitted in certain civil litigation,

            S. B. 601, Removing unconstitutional language regarding relief in circuit court against erroneous assessments,

            Com. Sub. for S. B. 619, Exempting certain critical access hospitals from certificate of need requirement,

            And,

            S. B. 631, Extending time for Fayetteville City Council to meet as levying body.

Miscellaneous Business

            Delegate Caputo asked and obtained unanimous consent that the remarks of Delegates Diserio, Jones, Pino and Walker regarding S. B. 376, Requiring certain construction workers complete OSHA safety program, be printed in the Appendix to the Journal.

            At 2:09 p.m., on motion of Delegate White, the House of Delegates recessed until 5:15 p.m, and reconvened at that time.

* * * * * * *

Evening Session

* * * * * * *

Reordering of the Calendar

            Delegate White then announced that the Committee on Rules had transferred S. B. 359, on first reading, House Calendar, to the Daily Calendar.

            At the request of Delegate White, and by unanimous consent, the House of Delegates returned to the First Order of Business for the purpose of considering a bill on first reading.

Daily Calendar

First Reading

            S. B. 359, Removing hand canvassing requirements of electronic voting machines; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect July 1, 2014, a bill of the House of Delegates, as follows:

            Com. Sub. for H. B. 4012, Relating to the Revised Uniform Law on Notarial Acts.

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

            The following Senate amendments were reported by the Clerk:

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

CHAPTER 39. RECORDS AND PAPERS.

ARTICLE 1. AUTHENTICATION AND RECORD OF WRITINGS.

§39-1-4. Form of certificate of acknowledgment.

            The certificate of acknowledgment mentioned in the preceding section may be in form or effect as follows:

            State (territory or district) of ................., county of .........................., to wit:

            I, ........................., a commissioner, appointed by the Governor of the State of West Virginia, for the said State (or territory or district) of .............; or I, .............., a justice of the peace of the county aforesaid; or I, ........., recorder of said county municipality; or I, .............., a notary public of said county; or I, ............., a prothonotary (or clerk) clerk of the ................... court of said county; (or other officer or person authorized to take acknowledgments by section three of this article, as the case may be), do certify that ..........................., whose name (or names) is (or are) signed to the writing above (or hereto annexed) bearing date on the .......... day of ................, 19 20 ........., has (or have) this day acknowledged the same before me, in my said .....................

            Given under my hand this ....... day of .........., 19 20 .......

§39-1-5. Acknowledgment by husband and wife.

            When a husband and wife have signed a writing purporting to sell or convey real estate, the wife may acknowledge the same together with, or separately from her husband. Either the husband or the wife may sign and acknowledge the writing before the other has signed or acknowledged it. If both acknowledge the writing at the same time, the certificate of the acknowledgments may be in form or effect as follows:

            State (territory or district) of .......... county of .........., to wit:

            I, .........., a commissioner appointed by the Governor of the State of West Virginia for the said State of .........., (or territory or district of ..........); or I, .........., a justice of the peace of the said county of ..........; or I, .........., a notary public of the said county of ..........; or I, .........., prothonotary (or clerk) clerk of the ......... court or county of ........; (or other officer or person authorized to take acknowledgments by section three of this article, as the case may be),* do certify .......... and .........., his or her wife whose names are signed to the writing above (or hereto annexed) bearing date the ..... day of .........., 19 20....., have this day acknowledged the same before me in my said ...........

            Given under my hand this ......... day of ........., 19 20.......

            If the husband or wife acknowledge a deed or other writing separately from the other, the certificate of acknowledgment after the star in the foregoing form shall be in form or effect as follows: do certify that .........., the wife of .........., (or the husband of .........., as the case may be), whose name is signed to the writing above (or hereto annexed) bearing date the .......... day of .........., 19 20 ....., has this day acknowledged the same before me in my said ..........

            Given under my hand this .......... day of .........., 19 20 .....

ARTICLE 4. REVISED UNIFORM LAW ON NOTARIAL ACTS.

§39-4-1. Short title.

            This article may be cited as the Revised Uniform Law on Notarial Acts.

§39-4-2. Definitions.

            In this article:

            (1) ‘Acknowledgment’ means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.

            (2) ‘Electronic’ means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

            (3) ‘Electronic signature’ means an electronic symbol, sound or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record.

            (4) ‘In a representative capacity’ means acting as:

            (A) An authorized officer, agent, partner, trustee or other representative for a person other than an individual;

            (B) A public officer, personal representative, guardian or other representative, in the capacity stated in a record;

            (C) An agent or attorney-in-fact for a principal; or

            (D) An authorized representative of another in any other capacity.

            (5) ‘Notarial act’ means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. The term includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument.

            (6) ‘Notarial officer’ means a notary public or other individual authorized to perform a notarial act.

            (7) ‘Notary public’ means an individual commissioned to perform a notarial act by the West Virginia Secretary of State.

            (8) ‘Official stamp’ means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record.

            (9) ‘Person’ means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

            (10) ‘Record’ means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

            (11) ‘Sign’ means, with present intent to authenticate or adopt a record:

            (A) To execute or adopt a tangible symbol; or

            (B) To attach to or logically associate with the record an electronic symbol, sound or process.

            (12) ‘Signature’ means a tangible symbol or an electronic signature that evidences the signing of a record.

            (13) ‘Stamping device’ means:

            (A) A physical device capable of affixing to or embossing on a tangible record an official stamp; or

            (B) An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp.

            (14) ‘State’ means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

            (15) ‘Verification on oath or affirmation’ means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true.

§39-4-3. Applicability; operative date of enactment; effect on existing law.

            (a) This article applies to a notarial act performed on or after July 1, 2014.

            (b) The repeal of chapter twenty-nine-c of this code and the repeal of articles four, chapter twenty-nine and one-a, chapter thirty-nine of this code and the amendment and reenactment of section two, article one, chapter fifty-nine of this code, pursuant to the provisions of Enrolled House Bill No. 4012, as enacted by the Legislature during the regular session, 2014, are operative on June 30, 2014. The prior enactments of chapter twenty-nine-c; articles four, chapter twenty-nine and one-a, chapter thirty-nine; and section two, article one, chapter fifty-nine of this code, whether amended and reenacted or repealed by the passage of Enrolled House Bill No. 4012, have full force and effect until the provisions of Enrolled House Bill No. 4012, are operative on June 30, 2014, unless after the effective date of Enrolled House Bill No. 4012, and prior to the operative date of June 30, 2014, the provisions of Enrolled House Bill No. 4012, are otherwise repealed or amended and reenacted.

§39-4-4. Authority to perform notarial act.

            (a) A notarial officer may perform a notarial act authorized by this article or by law of this state other than this article.

            (b) A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer’s spouse is a party, or in which either of them has a direct beneficial interest, financial or otherwise. A notarial act performed in violation of this subsection is voidable.

§39-4-5. Requirements for certain notarial acts.

            (a) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.

            (b) A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.

            (c) A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.

            (d) A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true and accurate transcription or reproduction of the record or item.

            (e) A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in subsection (b), section five hundred five, article three, chapter forty-six of this code.

§39-4-6. Personal appearance required.

            If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer. An individual making the statement or executing the signature does not appear personally if the appearance is by video or audio technology, even if the video is synchronous.

§39-4-7. Identification of individual.

            (a) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.

            (b) A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:

            (1) By means of:

            (A) A passport, driver’s license or government issued nondriver identification card, which is current or expired not more than three years before performance of the notarial act; or

            (B) Another form of government identification issued to an individual, which is current or expired not more than three years before performance of the notarial act, contains the signature or a photograph of the individual and is satisfactory to the officer; or

            (2) By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, driver’s license or government issued nondriver identification card, which is current or expired not more than three years before performance of the notarial act.

            (c) A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual.

§39-4-8. Authority to refuse to perform notarial act.

            (a) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:

            (1) The individual executing the record is competent or has the capacity to execute the record; or

            (2) The individual’s signature is knowingly and voluntarily made.

            (b) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this article.

§39-4-9. Signature if individual is unable to sign.

            If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert ‘Signature affixed by (name of other individual) at the direction of (name of individual)’ or words of similar import.

§39-4-10. Notarial act in this state.

            (a) A notarial act may be performed in this state by:

            (1) A notary public of this state;

            (2) A judge, clerk or deputy clerk of a court of this state; or

            (3) Any other individual authorized to perform the specific act by the law of this state.

            (b) The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.

            (c) The signature and title of a notarial officer described in subdivision (1) or (2), subsection (a) of this section, conclusively establish the authority of the officer to perform the notarial act.

§39-4-11. Notarial act in another state.

            (a) A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by:

            (1) A notary public of that state;

            (2) A judge, clerk or deputy clerk of a court of that state; or

            (3) Any other individual authorized by the law of that state to perform the notarial act.

            (b) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.

            (c) The signature and title of a notarial officer described in subdivision (1) or (2), subsection (a) of this section, conclusively establish the authority of the officer to perform the notarial act.

§39-4-12. Notarial act under authority of federally recognized Indian tribe.

            (a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this state, if the act performed in the jurisdiction of the tribe is performed by:

            (1) A notary public of the tribe;

            (2) A judge, clerk or deputy clerk of a court of the tribe; or

            (3) Any other individual authorized by the law of the tribe to perform the notarial act.

            (b) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.

            (c) The signature and title of a notarial officer described in subdivision (1) or (2), subsection (a) of this section, conclusively establish the authority of the officer to perform the notarial act.

§39-4-13. Notarial act under federal authority.

            (a) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by:

            (1) A judge, clerk or deputy clerk of a court;

            (2) An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law;

            (3) An individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas; or

            (4) Any other individual authorized by federal law to perform the notarial act.

            (b) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.

            (c) The signature and title of an officer described in subdivision (1), (2) or (3), subsection (a) of this section, conclusively establish the authority of the officer to perform the notarial act.

§39-4-14. Foreign notarial act.

            (a) In this section, ‘foreign state’ means a government other than the United States, a state or a federally recognized Indian tribe.

            (b) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state.

            (c) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.

            (d) The signature and official stamp of an individual holding an office described in subsection (c) of this section are prima facie evidence that the signature is genuine and the individual holds the designated title.

            (e) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.

            (f) A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.

§39-4-15. Certificate of notarial act.

            (a) A notarial act must be evidenced by a certificate. The certificate must:

            (1) Be executed contemporaneously with the performance of the notarial act;

            (2) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the Secretary of State;

            (3) Identify the jurisdiction in which the notarial act is performed;

            (4) Contain the title of office of the notarial officer; and

            (5) If the notarial officer is a notary public, indicate the date of expiration, if any, of the officer’s commission.

            (b) If a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in subdivisions (2), (3) and (4), subsection (a) of this section, an official stamp may be affixed to the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in said subdivisions, an official stamp may be attached to or logically associated with the certificate.

            (c) A certificate of a notarial act is sufficient if it meets the requirements of subsections (a) and (b) and:

            (1) Is in a short form set forth in section sixteen of this article;

            (2) Is in a form otherwise permitted by the law of this state;

            (3) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or

            (4) Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in sections five, six and seven of this article or law of this state other than this article.

            (d) By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in sections four, five and six of this article.

            (e) A notarial officer may not affix the officer’s signature to, or logically associate it with, a certificate until the notarial act has been performed.

            (f) If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record. If a notarial act is performed regarding an electronic record, the certificate must be affixed to or logically associated with, the electronic record. If the Secretary of State has established standards pursuant to section twenty-five of this article, for attaching, affixing, or logically associating the certificate, the process must conform to the standards.

§39-4-16. Short form certificates.

            The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by subsections (a) and (b), section fifteen of this article:

            (1) For an acknowledgment in an individual capacity:

State of ....................

County of ....................

This record was acknowledged before me on .............. [Date] by ........................................ [Name(s) of individual(s)]

..............................

Signature of notarial officer

Stamp

...............................

Title of office

My commission expires: ..........................

            (2) For an acknowledgment in a representative capacity:

State of ....................

County of ....................

This record was acknowledged before me on .............. [Date] by ....................................................... [Name(s) of individual(s)] as ............................ [Type of authority, such as officer or trustee] of .......................... [Name of party on behalf of whom record was executed].

..............................

Signature of notarial officer

Stamp

...............................

Title of office

My commission expires: ..........................

            (3) For a verification on oath or affirmation:

State of ....................

County of ....................

Signed and sworn to (or affirmed) before me on ............ (Date) by .................................................... [Name(s) of individual(s) making statement]

..............................

Signature of notarial officer

Stamp

...............................

Title of office

My commission expires: ..........................

            (4) For witnessing or attesting a signature:

State of ....................

County of ....................

Signed or attested before me on ...................... [Date] by ...................................... [Name(s) of individual(s) making statement]

..............................

Signature of notarial officer

Stamp

...............................

Title of office

My commission expires: ..........................

            (5) For certifying a copy of a record:

State of ....................

County of ....................

I certify that this is a true and correct copy of a record in the possession of ......................................

Dated ...........................

..............................

Signature of notarial officer

Stamp

...............................

Title of office

My commission expires: ..........................

§39-4-17. Official stamp.

            The official stamp of a notary public must:

            (1) Include the notary public’s name, address, jurisdiction, commission expiration date and other information required by the Secretary of State; and

            (2) Be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated.

§39-4-18. Stamping device.

            (a) A notary public is responsible for the security of the notary public’s stamping device and may not allow another individual to use the device to perform a notarial act. On resignation from, or the revocation or expiration of, the notary public’s commission, or on the expiration of the date set forth in the stamping device, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing or securing it against use in a manner that renders it unusable. On the death or adjudication of incompetency of a notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing or securing it against use in a manner that renders it unusable.

            (b) If a notary public’s stamping device is lost or stolen, the notary public or the notary public’s personal representative or guardian shall notify promptly the Secretary of State on discovering that the device is lost or stolen.

§39-4-19. Notification regarding performance of notarial act on            electronic record, selection of technology.

            (a) A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected.

            (b) Before a notary public performs the notary public’s initial notarial act with respect to an electronic record, a notary public shall notify the Secretary of State that the notary public will be performing notarial acts with respect to electronic records and identify the technology the notary public intends to use. If the Secretary of State has established standards for approval of technology pursuant to section twenty-five of this article, the technology must conform to the standards. If the technology conforms to the standards, the Secretary of State shall approve the use of the technology.

§39-4-20. Commission as notary public; qualifications; no immunity or benefit; disposition of fees.

            (a) An individual qualified under subsection (b) of this section may apply to the Secretary of State for a commission as a notary public. The applicant shall comply with and provide the information required by rules promulgated by the Secretary of State and pay any application fee.

            (b) An applicant for a commission as a notary public must:

            (1) Be at least eighteen years of age;

            (2) Be a citizen or permanent legal resident of the United States;

            (3) Be a resident of or have a place of employment or practice in this state;

            (4) Be able to read and write English;

            (5) Have a high school diploma or its equivalent; and

            (6) Not be disqualified to receive a commission under section twenty-three of this article.

            (c) Before issuance of a commission as a notary public, an applicant for the commission shall execute an oath of office and submit it to the Secretary of State.

            (d) Before issuance of a commission as a notary public, the applicant for a commission shall submit to the Secretary of State an assurance in the form of: (1) A surety bond or its functional equivalent in the amount of $1,000; or (2) certification that the applicant is covered under a: (A) Professional liability insurance policy; (B) an errors and omission insurance policy; (C) a commercial general liability insurance policy; or (D) their equivalent, in the amount of $1,000. The assurance must be issued by a surety or other entity licensed or authorized to do business in this state. The assurance must cover acts performed during the term of the notary public’s commission and must be in the form prescribed by the Secretary of State. If a notary public violates law with respect to notaries public in this state, the surety or issuing entity is liable under the assurance. The notary public shall give thirty days’ notice to the Secretary of State before canceling any assurance or loss of insurance coverage. The surety or issuing entity shall notify the Secretary of State not later than thirty days after making a payment to a claimant under the assurance. A notary public may perform notarial acts in this state only during the period that a valid assurance is on file with the Secretary of State.

            (e) On compliance with this section, the Secretary of State shall issue a commission as a notary public to an applicant for a term of five years.

            (f) A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees.

§39-4-21. Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public.

            (a) The Secretary of State may deny, refuse to renew, revoke, suspend or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including:

            (1) Failure to comply with this article;

            (2) A fraudulent, dishonest or deceitful misstatement or omission in the application for a commission as a notary public submitted to the Secretary of State;

            (3) A conviction of the applicant or notary public of any felony or a crime involving fraud, dishonesty or deceit;

            (4) A finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant’s or notary public’s fraud, dishonesty or deceit;

            (5) Failure by the notary public to discharge any duty required of a notary public, whether by this article, rules promulgated by the Secretary of State, or any federal or state law;

            (6) Use of false or misleading advertising or representation by the notary public representing that the notary has a duty, right or privilege that the notary does not have;

            (7) Violation by the notary public of a rule of the Secretary of State regarding a notary public;

            (8) Denial, refusal to renew, revocation, suspension or conditioning of a notary public commission in another state;

            (9) Failure of the notary public to maintain an assurance as provided in subsection (d), section twenty of this article;              (10) Charging more than the maximum fees specified in section thirty of this article; and

            (11) Failure to notify the Secretary of State of an address or name change pursuant to subsection (b), section twenty-two of this article.

            (b) If the Secretary of State denies, refuses to renew, revokes, suspends or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to timely notice and hearing in accordance with article five, chapter twenty-nine-a of this code.

            (c) The authority of the Secretary of State to deny, refuse to renew, suspend, revoke or impose conditions on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.

§39-4-22. Database of notaries public.

            (a) The Secretary of State shall maintain an electronic database of notaries public:

            (1) Through which a person may verify the authority of a notary public to perform notarial acts; and

            (2) Which indicates whether a notary public has notified the Secretary of State that the notary public will be performing notarial acts on electronic records.

            (b) Not later than thirty days after a notary public either:

            (1) Changes the address of his or her business or residence; or

            (2) Changes his or her name, the notary public shall notify the Secretary of State of the address or name change.

§39-4-23. Prohibited acts.

            (a) A commission as a notary public does not authorize an individual to:

            (1) Assist persons in drafting legal records, give legal advice or otherwise practice law;

            (2) Act as an immigration consultant or an expert on immigration matters;

            (3) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or

            (4) Receive compensation for performing any of the activities listed in this subsection.

            (b) A notary public may not engage in false or deceptive advertising.

            (c) A notary public, other than an attorney licensed to practice law in this state, may not use the term ‘notario’ or ‘notario publico’.

            (d) A notary public, other than an attorney licensed to practice law in this state, may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media and the internet, the notary public shall include the following statement, or an alternate statement authorized or required by the Secretary of State, in the advertisement or representation, prominently and in each language used in the advertisement or representation: ‘I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities’. If the form of advertisement or representation is not broadcast media, print media or the internet and does not permit inclusion of the statement required by this subsection because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.

            (e) Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public.

§39-4-24. Validity of notarial acts.

            Except as otherwise provided in subsection (b), section four of this article, the failure of a notarial officer to perform a duty or meet a requirement specified in this article does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this article does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on law of this state other than this article or law of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.

§39-4-25. Rules.

            (a) The Secretary of State may promulgate rules, in accordance with the provisions of chapter twenty-nine-a of this code, to implement this article. Rules promulgated regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. The rules may:

            (1) Prescribe the manner of performing notarial acts regarding tangible and electronic records;

            (2) Include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident;

            (3) Include provisions to ensure integrity in the creation, transmittal, storage or authentication of electronic records or signatures;

            (4) Prescribe the process of granting, renewing, conditioning, denying, suspending or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as notary public;

            (5) Include provisions to prevent fraud or mistake in the performance of notarial acts;

            (6) Establish the process for approving and accepting surety bonds and other forms of assurance under subsection (d), section twenty of this article; and

            (7) Establish fees, with legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code. Fees collected by the Secretary of State pursuant to section two, article one, chapter fifty-nine of this code shall be deposited by the Secretary of State as follows: One-half shall be deposited in the state general revenue fund and one-half shall be deposited in the service fees and collections account established by section two, article one, chapter fifty-nine of this code for the operation of the office of the Secretary of State. The Secretary of State shall dedicate sufficient resources from that fund or other funds to provide the services required by the provisions of article four, chapter thirty-nine of this code.

            (b) In promulgating, amending or repealing rules about notarial acts with respect to electronic records, the Secretary of State shall consider, so far as is consistent with this article:

            (1) The most recent standards regarding electronic records promulgated by national bodies, such as the National Association of Secretaries of State;

            (2) Standards, practices and customs of other jurisdictions that substantially enact this article; and

            (3) The views of governmental officials and entities and other interested persons.

§39-4-26. Notary public commission and commissioner appointment in effect.

            (a) A commission as a notary public in effect on June 30, 2014, continues until its date of expiration. A notary public who applies for a commission as a notary public on or after July 1, 2014, is subject to and shall comply with this article. A notary public, in performing notarial acts on or after July 1, 2014, shall comply with this article.

            (b) An appointment as commissioner under the repealed provisions of article four, chapter twenty-nine of this code, in effect on June 30, 2014, continues until its date of expiration. A commissioner, in performing notarial acts on or after July 1, 2014, shall comply with this article: Provided, That a person holding a commission pursuant to the provisions of article four, chapter twenty-nine of this code, on June 30, 2014, is not required to obtain or use a stamp required by section seventeen of this article, prior to the expiration of that commission.

§39-4-27. Savings clause.

            This article does not affect the validity or effect of a notarial act performed before July 1, 2014.

§39-4-28. Uniformity of application and construction.

            In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

§39-4-29. Relation to Electronic Signatures in Global and National Commerce Act.

            This article modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U. S. C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U. S. C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U. S. C. Section 7003(b).

§39-4-30. Maximum fees.

            (a) The maximum fee in this state for notarization of each signature and the proper recordation thereof in the journal of notarial acts is $5.00 for each signature notarized.

            (b) The maximum fee in this state for certification of a facsimile of a document, retaining a facsimile in the notary's file, and the proper recordation thereof in the journal of notarial acts is $5.00 for each eight and one-half by eleven inch page retained in the notary's file.

            (c) The maximum fee in this state is $5.00 for any other notarial act performed.

§39-4-31. Government notaries public.

            (a) State and local government employees may be commissioned as government notaries public to act for and in behalf of their respective state and local government offices.

            (b) A state or local government employee commissioned under this section shall meet the requirements for qualification and appointment prescribed in this article except that the head of the state or local government office where the applicant is employed, or his or her designee, shall execute a certificate that the application is made for the purposes of the office and in the public interest and submit it to the Secretary of State together with the application for appointment as a notary public.

            (c) The costs of application and all notary supplies for a commissioned state or local government employee shall be paid from funds available to the office in which he or she is employed.

            (d) All fees received for notarial services by a government notary public appointed for and in behalf of a state or local government office shall be remitted by him or her to the state or local government office in which he or she is employed.

            (e) A government notary public must comply with all provisions of this article in the performance of notarial acts.

            (f) A government notary public may acknowledge any document required to be acknowledged by a notary public: Provided, That a government notary public may not operate privately.

§39-4-32. Liability of notary and of an employer of notary.

            (a) A notary public is liable to the persons involved for all damages proximately caused by the notary's official misconduct.

            (b) The employer of a notary public is also liable to the persons involved for all damages proximately caused by the notary's official misconduct, if:

            (1) The notary public was acting within the scope of his or her employment at the time he or she engaged in the official misconduct; and

            (2) The employer consented to the notary public's official misconduct.

            (c) It is not essential to a recovery of damages that a notary’s official misconduct be the only proximate cause of the damages.

            (d) For the purposes of this section, the term ‘official misconduct’ means any act or conduct that:

            (1) May result in the denial, refusal to renew, revocation, suspension or condition commission of a notary public pursuant to section twenty-one of this article; or

            (2) Is prohibited by section twenty-three of this article.

§39-4-33. Criminal penalties.

            (a) A notary public who knowingly and willfully commits any official misconduct is guilty of a misdemeanor and, upon conviction, shall be fined not more than $5,000 or confined in jail not more than one year, or both fined and confined.

            (b) A notary public who recklessly or negligently commits any official misconduct is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000.

            (c) Any person who acts as, or otherwise willfully impersonates, a notary public while not lawfully appointed and commissioned to perform notarial acts is guilty of a misdemeanor and, upon conviction, shall be fined not more than $5,000 or confined in jail not more than one year, or both fined and confined.

            (d) Any person who unlawfully possesses a notary's official seal or any papers or copies relating to notarial acts, is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000.

            (e) For the purposes of this section, the term ‘official misconduct’ means any act or conduct that:

            (1) May result in the denial, refusal to renew, revocation, suspension or condition commission of a notary public pursuant to section twenty-one of this article; or

            (2) Is prohibited by section twenty-three of this article.

§39-4-34. Action for injunction; unauthorized practice of law.

            Upon his or her own information or upon complaint of any person, the Attorney General, or his or her designee, may maintain an action for injunctive relief in circuit court against any notary public who renders, offers to render or holds himself or herself out as rendering any service constituting the unauthorized practice of the law. Any organized bar association in this state may intervene in the action, at any stage of the proceeding, for good cause shown. The action may also be maintained by an organized bar association in this state or by the Secretary of State.

§39-4-35. Administrative complaints and investigations.

            (a) In addition to the powers and duties contained in this article, the Secretary of State may:

            (1) Investigate, upon complaint or on his or her own initiative, any alleged violations or irregularities of this article.

            (2) Administer oaths and affirmations, issue subpoenas for the attendance of witnesses, issue subpoenas duces tecum to compel the production of books, papers, records and all other evidence necessary to any investigation.

            (3) Involve the aid of any circuit court in the execution of its subpoena power.

            (4) Report any alleged violations of this article to the appropriate prosecuting attorney having jurisdiction, which prosecuting attorney shall present to the grand jury the alleged violations, together with all evidence relating thereto, no later than the next term of court after receiving the report.

            (b) The Attorney General shall, when requested, provide legal and investigative assistance to the Secretary of State.

§39-4-36. Secretary of State record retention.

            (a) The provisions of subsection (c), section three, article two, chapter five of this code notwithstanding, the Secretary of State may destroy original records of appointment under this article after expiration of the term of a notary public: Provided, That the Secretary of State maintains an electronic copy of the appointment for a minimum of ten years after the expiration of the term of the notary public.

            (b) The Secretary of State may destroy any original journals of notarial acts in his or her possession: Provided, That an electronic copy is maintained in accordance with the retention rules of the Department of Administration.

CHAPTER 57. EVIDENCE AND WITNESSES.

ARTICLE 4. DEPOSITIONS AND PERPETUATION OF TESTIMONY.

§57-4-2. Taking and certification of depositions -- Out-of state and in foreign countries.

            On affidavit that a witness resides out of this state, or is out of it in the service thereof, or of the United States, or is out of this state and for justifiable reasons will probably be out of this state until after the trial of the case in which his or her testimony is needed, his or her deposition may be taken by or before any commissioner appointed by the Governor of this state, or any justice, notary public or other officer authorized to take depositions in the state wherein the witness may be, or, if the deposition is to be taken in a foreign country, by or before such commissioner or commissioners as may be agreed upon by the parties or appointed by the court, or, if there be none such, by or before any American minister, plenipotentiary, charge d'affaires, consul general, consul, vice consul, consular agent, vice deputy consular agent, commercial agent or vice commercial agent, appointed by the government of the United States, or by or before the mayor or other chief magistrate of any city, town or corporation in such the country or any notary public therein. Any person or persons taking such the deposition may administer an oath to the witness and take and certify the deposition with his or her official seal annexed, and if he or she have none, the genuineness of his or her signature shall be authenticated by some officer of the same state or country, under his or her official seal.

ARTICLE 5. MISCELLANEOUS PROVISIONS.

§57-5-9. Administration of oaths or taking of affidavits; authentication of affidavit made in another state or country; oaths and affidavits of persons in military service.

            Any judge of this state may administer any oath that is or may be lawful for any person to take, including oaths of office, and also may swear any person to an affidavit, and administer an oath to any person in any proceeding.

            Any oath or affidavit required by law, which is not of such a nature that it must be made otherwise or elsewhere may, unless otherwise provided, be administered by, or made before, a county commissioner, notary public, or a commissioner appointed by the Governor, or by the clerk of any court, or, in case of a survey directed by a court in a case therein pending, by or before the surveyor directed to execute said order of survey.

            An affidavit may also be made before any officer of another state or country authorized by its laws to administer an oath, and shall be deemed duly authenticated if it be subscribed by such the officer, with his or her official seal annexed, and if he or she have none, the genuineness of his or her signature, and his or her authority to administer an oath, shall be authenticated by some officer of the same state or country under his or her official seal.

            Any oath or affidavit required of a person in the military service of the United States (including the Women's Army Corps, Women's Appointed Volunteers for Emergency Service, Army Nurse Corps, Spars, Women's Reserve or similar women's auxiliary unit officially connected with such the military service of the United States), may be administered by or made before any commissioned officer of any branch of the military service of the United States, or any auxiliary unit officially connected with such the military service. Such oath may be taken or affidavit made at any place either within or outside the United States of America, or any territory, possession or dependency thereof. The jurat to such the oath and certificate to such the affidavit need not state the place where the same is taken and shall require no seal to be affixed thereto. The certificate of the officer before whom such the oath is taken or affidavit is made must state his or her rank, branch of military service, and identification number, and such the certificate may be substantially in form and effect as follows:

IN THE MILITARY SERVICE OF THE UNITED STATES:

            I, ..............., being duly sworn on oath (affirmation), do swear (affirm) that I am a member of the military service of the United States (or of ..............., an auxiliary to the military forces of the United States); that ***, etc.

                                                              ...............................

            Taken, subscribed and sworn to before me, ..............., a commissioned officer in the ............... service of the United States, by ..............., a member of the military service of the United States (or of ..............., an auxiliary to the military forces of the United States), this the .......... day of .........., 19 20......

                                     ..................................

                                     (Signature of officer)

            ...............................

                                     (Rank) (Identification Number)

            Any oath or affidavit heretofore taken or made by any person in the military service in substantial compliance with this section shall be valid.

CHAPTER 59. FEES, ALLOWANCES AND COSTS; NEWSPAPERS; LEGAL ADVERTISEMENTS.

ARTICLE 1. FEES AND ALLOWANCES.

§59-1-2. Fees to be charged by Secretary of State.

            (a) Except as may be otherwise provided in this code, the Secretary of State shall charge for services rendered in his or her office the following fees to be paid by the person to whom the service is rendered at the time it is done:

            (1) For filing, recording, indexing, preserving a record of and issuing a certificate relating to the formation, amendment, change of name, registration of trade name, merger, consolidation, conversion, renewal, dissolution, termination, cancellation, withdrawal revocation and reinstatement of business entities organized within the state, as follows:

            (A) Articles of incorporation of for-profit corporation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00

            (B) Articles of incorporation of nonprofit corporation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00

            (C) Articles of organization of limited liability company

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00

            (D) Agreement of a general partnership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00

            (E) Certificate of a limited partnership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .100.00

            (F) Agreement of a voluntary association. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50.00

            (G) Articles of organization of a business trust. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00

            (H) Amendment or correction of articles of incorporation, including change of name or increase of capital stock, in addition to any applicable license tax. . . . . . . . . . . . . . . . . . . . . .25.00

            (I) Amendment or correction, including change of name, of articles of organization of business trust, limited liability partnership, limited liability company or professional limited liability company or of certificate of limited partnership or agreement of voluntary association. . . . . 25.00

            (J) Amendment and restatement of articles of incorporation, certificate of limited partnership, agreement of voluntary association or articles of organization of limited liability partnership, limited liability company or professional limited liability company or business trust. . . . . . . . . . . . . 25.00

            (K) Registration of trade name, otherwise designated as a true name, fictitious name or D.B.A. (doing business as) name for any domestic business entity as permitted by law. . . . .25.00

            (L) Articles of merger of two corporations, limited partnerships, limited liability partnerships, limited liability companies or professional limited liability companies, voluntary associations or business trusts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25.00

            (M) Plus for each additional party to the merger in excess of two. . . . . . . . . . . . . . . .15.00

            (N) Statement of conversion, when permitted, from one business entity into another business entity, in addition to the cost of filing the appropriate documents to organize the surviving entity25.00

            (O) Articles of dissolution of a corporation, voluntary association or business trust, or statement of dissolution of a general partnership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00

            (P) Revocation of voluntary dissolution of a corporation, voluntary association or business trust. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15.00

            (Q) Articles of termination of a limited liability company, cancellation of a limited partnership or statement of withdrawal of limited liability partnership. . . . . . . . . . . . . . . . . . 25.00

            (R) Reinstatement of a limited liability company or professional limited liability company after administrative dissolution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25.00

            (2) For filing, recording, indexing, preserving a record of and issuing a certificate relating to the registration, amendment, change of name, merger, consolidation, conversion, renewal, withdrawal or termination within this state of business entities organized in other states or countries, as follows:

            (A) Certificate of authority of for-profit corporation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100.00

            (B) Certificate of authority of nonprofit corporation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00

            (C) Certificate of authority of foreign limited liability companies. . . . . . . . . . . . . . .150.00

            (D) Certificate of exemption from certificate of

 authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00

            (E) Registration of a general partnership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00

            (F) Registration of a limited partnership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .150.00

            (G) Registration of a limited liability partnership for two-year term. . . . . . . . . . . . . 500.00

            (H) Registration of a voluntary association. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00

            (I) Registration of a trust or business trust. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00

            (J) Amendment or correction of certificate of authority of a foreign corporation, including change of name or increase of capital stock, in addition to any applicable license tax. . . . . . 25.00

            (K) Amendment or correction of certificate of limited partnership, limited liability partnership, limited liability company or professional limited liability company, voluntary association or business trust. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00

            (L) Registration of trade name, otherwise designated as a true name, fictitious name or D.B.A. (doing business as) name for any foreign business entity as permitted by law. . . . . . 25.00

            (M) Amendment and restatement of certificate of authority or of registration of a corporation, limited partnership, limited liability partnership, limited liability company or professional limited liability company, voluntary association or business trust. . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00

            (N) Articles of merger of two corporations, limited partnerships, limited liability partnerships, limited liability companies or professional limited liability companies, voluntary associations or business trusts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25.00

            (O) Plus for each additional party to the merger in excess

of two. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00

            (P) Statement of conversion, when permitted, from one business entity into another business entity, in addition to the cost of filing the appropriate articles or certificate to organize the surviving entity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00

            (Q) Certificate of withdrawal or cancellation of a corporation, limited partnership, limited liability partnership, limited liability company, voluntary association or business trust. . . . . 25.00

Notwithstanding any other provision of this section to the contrary, after June 30, 2008, the fees described in this subdivision that are collected for the issuance of a certificate relating to the initial registration of a corporation, limited partnership, domestic limited liability company or foreign limited liability company shall be deposited in the general administrative fees account established by this section.

            (3) For receiving, filing and recording a change of the principal or designated office, change of the agent of process and/or change of officers, directors, partners, members or managers, as the case may be, of a corporation, limited partnership, limited liability partnership, limited liability company or other business entity as provided by law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$15.00

            (4) For receiving, filing and preserving a reservation of a name for each one hundred twenty days or for any other period in excess of seven days prescribed by law for a corporation, limited partnership, limited liability partnership or limited liability company. . . . . . . . . . . . . . . . . .$15.00

            (5) For issuing a certificate relating to a corporation or other business entity, as follows:

            (A) Certificate of good standing of a domestic or foreign corporation. . . . . . . . . . . .$10.00

            (B) Certificate of existence of a domestic limited liability company, and certificate of authorization foreign limited liability company. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

            (C) Certificate of existence of any business entity, trademark or service mark registered with the Secretary of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10.00

            (D) Certified copy of corporate charter or comparable organizing documents for other business entities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00

            (E) Plus, for each additional amendment, restatement or other additional document. . 5.00

            (F) Certificate of registration of the name of a foreign corporation, limited liability company, limited partnership or limited liability partnership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25.00

            (G) And for the annual renewal of the name registration

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

            (H) Any other certificate not specified in this subdivision

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

            (6) For issuing a certificate other than those relating to business entities, as provided in this subsection, as follows:

            (A) Certificate or apostille relating to the authority of certain public officers, including the membership of boards and commissions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10.00

            (B) Plus, for each additional certificate pertaining to the same transaction. . . . . . . . . . 5.00

            (C) Any other certificate not specified in this

subdivision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

            (D) For acceptance, indexing and recordation of service of process any corporation, limited partnership, limited liability partnership, limited liability company, voluntary association, business trust, insurance company, person or other entity as permitted by law. . . . . . . . . . . . . . . . . . . 15.00

            (E) For shipping and handling expenses for execution of service of process by certified mail upon any defendant within the United States, which fee is to be deposited to the special revenue account established in this section for the operation of the office of the Secretary of State.. . . 5.00

            (F) For shipping and handling expenses for execution of service of process upon any defendant outside the United States by registered mail, which fee is to be deposited to the special revenue account established in this section for the operation of the office of the Secretary of State.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00

            (7) For a search of records of the office conducted by employees of or at the expense of the Secretary of State upon request, as follows:

            (A) For any search of archival records maintained at sites other than the office of the Secretary of State no less than

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10.00

            (B) For searches of archival records maintained at sites other than the office of the Secretary of State which require more than one hour, for each hour or fraction of an hour consumed in making such a search. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10.00

            (C) For any search of records maintained on site for the purpose of obtaining copies of documents or printouts of data

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00

            (D) For any search of records maintained in electronic format which requires special programming to be performed by the state information services agency or other vendor any actual cost, but not less than. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00

            (E) The cost of the search is in addition to the cost of any copies or printouts prepared or any certificate issued pursuant to or based on the search.

            (F) For recording any paper for which no specific fee is prescribed. . . . . . . . . . . . . . . 5.00

            (8) For producing and providing photocopies or printouts of electronic data of specific records upon request, as follows:

            (A) For a copy of any paper or printout of electronic data, if one sheet. . . . . . . . . . . .$1.00

            (B) For each sheet after the first . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..50

            (C) For sending the copies or lists by fax transmission

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00

            (D) For producing and providing photocopies of lists, reports, guidelines and other documents produced in multiple copies for general public use, a publication price to be established by the Secretary of State at a rate approximating 2.00 plus .10 per page and rounded to the nearest dollar.

            (E) For electronic copies of records obtained in data format on disk, the cost of the record in the least expensive available printed format, plus, for each required disk, which shall be provided by the Secretary of State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00

            (b) The Secretary of State may propose legislative rules for promulgation for charges for on-line electronic access to database information or other information maintained by the Secretary of State.

            (c) For any other work or service not enumerated in this subsection, the fee prescribed elsewhere in this code or a rule promulgated under the authority of this code.

            (d) The records maintained by the Secretary of State are prepared and indexed at the expense of the state and those records shall not be obtained for commercial resale without the written agreement of the state to a contract including reimbursement to the state for each instance of resale.

            (e) The Secretary of State may provide printed or electronic information free of charge as he or she considers necessary and efficient for the purpose of informing the general public or the news media.

            (f) There is hereby continued in the State Treasury a special revenue account to be known as the ‘service fees and collections’ account. Expenditures from the account shall be used for the operation of the office of the Secretary of State and are not authorized from collections, but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter five-a of this code. Notwithstanding any other provision of this code to the contrary, except as provided in subsection (h) of this section and section two-a of this article, one half of all the fees and service charges established in the following sections and for the following purposes shall be deposited by the Secretary of State or other collecting agency to that special revenue account and used for the operation of the office of the Secretary of State:

            (1) The annual attorney-in-fact fee for corporations and limited partnerships established in section five, article twelve-c, chapter eleven of this code;

            (2) The fees received for the sale of the State Register, code of state rules and other copies established by rule and authorized by section seven, article two, chapter twenty-nine-a of this code;

            (3) The registration fees, late fees and legal settlements charged for registration and enforcement of the charitable organizations and professional solicitations established in sections five, nine and fifteen-b, article nineteen, chapter twenty-nine of this code;

            (4) The annual attorney-in-fact fee for limited liability companies as designated in section one hundred eight, article one, chapter thirty-one-b of this code and established in section two hundred eleven, article two of said chapter: Provided, That after June 30, 2008, the annual report fees designated in section one hundred eight, article one, chapter thirty-one-b of this code shall upon collection be deposited in the general administrative fees account described in subsection (h) of this section;

            (5) The filing fees and search and copying fees for uniform commercial code transactions established by section five hundred twenty-five, article nine, chapter forty-six of this code;

            (6) The annual attorney-in-fact fee for licensed insurers established in section twelve, article four, chapter thirty-three of this code;

            (7) The fees for the application and record maintenance of all notaries public established by section one hundred seven, article one, chapter twenty-nine-c section twenty, article four, chapter thirty-nine of this code.

            (8) The fees for the application and record maintenance of commissioners for West Virginia as established by section twelve, article four, chapter twenty-nine of this code;

            (9) (8) The fees for registering credit service organizations as established by section five, article six-c, chapter forty-six-a of this code;

            (10) (9) The fees for registering and renewing a West Virginia limited liability partnership as established by section one, article ten, chapter forty-seven-b of this code;

            (11) (10) The filing fees for the registration and renewal of trademarks and service marks established in section seventeen, article two, chapter forty-seven of this code;

            (12) (11) All fees for services, the sale of photocopies and data maintained at the expense of the Secretary of State as provided in this section; and

            (13) (12) All registration, license and other fees collected by the Secretary of State not specified in this section.

            (g) Any balance in the service fees and collections account established by this section which exceeds five hundred thousand dollars as of June 30, 2003, and each year thereafter, shall be expired to the state fund, General Revenue Fund.

            (h)(1) Effective July 1, 2008, there is hereby created in the State Treasury a special revenue account to be known as the general administrative fees account. Expenditures from the account shall be used for the operation of the office of the Secretary of State and are not authorized from collections, but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter eleven-b of this code: Provided, That for the fiscal year ending June 30, 2009, expenditures are authorized from collections rather than pursuant to an appropriation by the Legislature. Any balance in the account at the end of each fiscal year shall not revert to the General Revenue Fund but shall remain in the fund and be expended as provided by this subsection.

            (2) After June 30, 2008, all the fees and service charges established in section two-a of this article for the following purposes shall be collected and deposited by the Secretary of State or other collecting agency in the general administrative fees account and used for the operation of the office of the Secretary of State:

            (A) The annual report fees paid to the Secretary of State by corporations, limited partnerships, domestic limited liability companies and foreign limited liability companies;

            (B) The fees for the issuance of a certificate relating to the initial registration of a corporation, limited partnership, domestic limited liability company or foreign limited liability company described in subdivision (2), subsection (a) of this section; and

            (C) The fees for the purchase of date and updates related to the State's Business Organizations Database described in section two-a of this article.

            (i) There is continued in the office of the Secretary of State a noninterest-bearing, escrow account to be known as the ‘prepaid fees and services account’. This account shall be for the purpose of allowing customers of the Secretary of State to prepay for services, with payment to be held in escrow until services are rendered. Payments deposited in the account shall remain in the account until services are rendered by the Secretary of State and at that time the fees will be reallocated to the appropriate general or special revenue accounts. There shall be no fee charged by the Secretary of State to the customer for the use of this account and the customer may request the return of any moneys maintained in the account at any time without penalty. The assets of the prepaid fees and services account do not constitute public funds of the state and are available solely for carrying out the purposes of this section.”

            On motion of Delegate White, 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. 297), and there were--yeas 89, nays 1, absent and not voting 10, with the nays and absent and not voting being as follows:

            Nays: Kump.

            Absent and Not Voting: Andes, Hunt, Longstreth, J. Nelson, Paxton, Perdue, Raines, Shott, Skaff and Staggers.

             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. 4012) passed.

            Delegate White moved that the bill take effect July 1, 2014.

            On this question, the yeas and nays were taken (Roll No. 298), and there were--yeas 89, nays 1, absent and not voting 10, with the nays and absent and not voting being as follows:

            Nays: Kump.

            Absent and Not Voting: Andes, Hunt, Longstreth, J. Nelson, Paxton, Perdue, Raines, Shott, Skaff and Staggers.

            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. 4012) takes effect July 1, 2014.

            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 from passage, a bill of the House of Delegates as follows:

            H. B. 4154, Fixing a technical error relating to the motor fuel excise tax.

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

            Delegate White 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 90, nays 1, absent and not voting 9, with the nays and absent and not voting being as follows:

            Nays: Howell.

            Absent and Not Voting: Andes, Hunt, Longstreth, J. Nelson, Paxton, Perdue, Raines, Shott and Staggers.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4154) 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:

            H. B. 4186, Relating to the procedures for issuing a concealed weapon 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. 4236, Sexual assault nurse examination network.

            On motion of Delegate White, 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 article, designated §15-9B-1 and §15-9B-2, all to read as follows:

ARTICLE 9B. SEXUAL ASSAULT EXAMINATION NETWORK.

§15-9B-1. Sexual Assault Forensic Examination Commission.

            (a) There is created within The Governor’s Committee on Crime, Delinquency and Correction the Sexual Assault Forensic Examination Commission. The purpose of the commission is to establish, manage and monitor a statewide system to facilitate the timely and efficient collection of forensic evidence in sexual assault cases.

            (b) The commission shall be chaired by the director of the Division of Justice and Community Service. Membership on the commission shall consist of the following:

            (1) A representative chosen from the membership of the West Virginia Prosecuting Attorney’s Association;

            (2) A representative chosen from the membership of the West Virginia Association of Counties;

            (3) The Commissioner of the Bureau of Public Health, or his or her designee;

            (4) A representative from the State Police Crime Laboratory;

            (5) A representative from the membership of the West Virginia Child Advocacy Network;

            (6) The President of the West Virginia Hospital Association, or his or her designee;

            (7) A representative from the membership of the West Virginia Foundation for Rape and Information Services;

            (8) A representative of the West Virginia University Forensic and Investigative Sciences Program; and

            (9) A representative of the Marshall University Forensic Science Center.

            If any of the representative organizations cease to exist, the director may select a person from a similar organization.

            The director may appoint the following additional members of the commission, as needed:

            (1) An emergency room physician;

            (2) A victim advocate from a rape crisis center;

            (3) A sexual assault nurse examiner;

            (4) A law-enforcement officer with experience in sexual assault investigations;

            (5) A health care provider with pediatric and child abuse expertise; and

            (6) A director of a child advocacy center.

            (c) The commission shall establish mandatory statewide protocols for conducting sexual assault forensic examinations, including designating locations and providers to perform forensic examinations, establishing minimum qualifications and procedures for performing forensic examinations and establishing protocols to assure the proper collection of evidence.

            (d) As used in this article, the word ‘commission’ means the ‘Sexual Assault Forensic Examination Commission’.

§15-9B-2. Powers and duties of the commission.

            (a) The commission shall facilitate the recruitment and retention of qualified health care providers that are properly qualified to conduct forensic examinations. The commission shall work with county and regional officials to identify areas of greatest need and develop and implement recruitment and retention programs to help facilitate the effective collection of evidence.

            (b) The commission shall authorize minimum training requirements for providers conducting exams and establish a basic standard of care for victims of sexual assault. The commission may adopt necessary and reasonable requirements relating to establishment of a statewide training and forensic examination system, including, but not limited to, developing a data collection system to monitor adherence to established standards, assisting exam providers receive training and support services, advocating the fair and reasonable reimbursement to exam providers and to facilitate transportation services for victims to get to and from designated exam locations.

            (c) The commission shall approve local plans for each area of the state on a county or regional basis. If the commission deems necessary, it may add or remove a county or portion thereof from a region to assure that all areas of the state are included in an appropriate local plan. Upon the failure of any county or local region to propose a plan, the commission may implement a plan for that county or region.

            (d) Once a plan is approved by the commission, it can only be amended or otherwise altered as provided the rules authorized pursuant to subsection (e) of this section. Designated facilities and organizations providing services shall give the commission thirty days advance notice of their intent to withdraw from the plan. If there is a change of circumstances, that would require a change in a county or regional plan, the members of the local board and the state commission shall be notified.

            (e) The commission may propose rules for legislative approval, in accordance with article three, chapter twenty-nine-a of this code, necessary to implement this article. These rules shall include, at a minimum:

            (1) Establishment of local sexual assault forensic examination boards who shall develop local plans;

            (2) Membership of local sexual assault forensic examination boards;

            (3) Meeting requirements of local sexual assault forensic examination boards;

            (4) Contents and minimum requirements of a local plans to be developed by local sexual assault forensic examination boards;

            (5) The process of submission of the local plan and approval by the commission; and

            (6) The manner for amending or altering a local plan.”

            And,

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

            Com. Sub. for H. B. 4236 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-9B-1 and §15-9B-2, all relating to regulation of sexual assault examinations; creating the Sexual Assault Forensic Examination Commission; setting forth powers and duties of the commission; setting for membership of the commission; providing for rule-making authority for the commission; and setting forth minimum requirements in rules.”

            On motion of Delegate White, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.

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

            A message from the Senate, by

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

            H. B. 4270, Relating to salaries of service employees of the state camp and conference center known as Cedar Lakes Conference Center.

            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. 4284, Pregnant Workers’ Fairness Act.

            A message from the Senate, by

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

            Com. Sub. for H. B. 4287, Administration of health maintenance tasks.

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

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

            On this question, the yeas and nays were taken (Roll No. 300), and there were--yeas 91, nays 1, absent and not voting 8, with the nays and absent and not voting being as follows:

            Nays: Walters.

            Absent and Not Voting: Andes, Hunt, Longstreth, J. Nelson, Paxton, Perdue, Raines and Staggers.

            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. 4287) 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. 4290, Revising the regulatory structure of money transmitters and other entities.

            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. 4302, Relating to elections for public school purposes.

            On motion of Delegate White, 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 §11-8-17 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §13-1-13 of said code be amended and reenacted; and that §18-9-2 of said code be amended and reenacted, all to read as follows:

CHAPTER 11. TAXATION.

ARTICLE 8. LEVIES.

§11-8-17. Special levy elections; notices; election officers; conduct of election; supplies; canvass of returns; form of ballot.

            (a) The local levying body shall publish a notice, calling 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 shall be the territory in which the election is held. Such notice shall be so published within fourteen consecutive days next preceding the election.

            (b) All the provisions of the law concerning general elections shall apply so far as they are practicable, except as follows: (1) Where a special election is held, the local levying body, having due regard to the minimum expense involved, shall determine the number of election officials necessary to properly conduct said election, which number shall in no case be less than three commissioners and two clerks, and shall appoint the same and fix and pay their compensation, but otherwise the election officials shall be such as are appointed to serve with respect to the general election held at the same time.

            (2) The local levying body however, shall provide the election supplies necessary for such election and shall canvass the returns thereof: Provided, That the county commission is the board of canvassers to canvass the returns of levy elections called by the board of education.

            (c) A separate ballot shall be used at a levy election held in connection with any other election. The ballot shall be entitled: ‘Special election to authorize additional levies for the year(s) ____________ and for the purpose of _____________ according to the order of the __________________ entered on the ______ day of ________________.’

            The additional levy shall be on Class I property __________ cents; on Class II property ______________ cents; on Class III property (if any) ______________ cents; on Class IV property (if any) _____________ cents.

CHAPTER 13. PUBLIC BONDED INDEBTEDNESS.

ARTICLE 1. BOND ISSUES FOR ORIGINAL INDEBTEDNESS.

§13-1-13. Time and manner of canvassing returns.

            The authorities calling bond elections shall canvass the returns at the same time with reference to the election and in the same manner as is required of county commissions courts for general elections: Provided, That the county commission is the board of canvassers to canvass the returns of bond elections called by the board of education.

CHAPTER 18. EDUCATION.

ARTICLE 9. SCHOOL FINANCES.

§18-9-2. Elections under this chapter; procedure.

            Any and all elections authorized by this chapter for school purposes may, unless otherwise provided, be held separately or in connection with any general or special election. Notice of any such an election shall be given by the publication of the order of the board calling the same 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 shall be is the territory in which the election is to be held. The order shall be so published within fourteen consecutive days next preceding the day of election. All provisions of the law concerning general and special elections shall apply in such these elections insofar as is practicable. except that in In cases of special elections the board calling the election shall appoint necessary election officers. and shall canvass the returns, and the The secretary of the board shall procure and furnish to the election commissioners at each place of voting the ballots, poll books, tally sheets and other election supplies necessary for the election. things needed. In calling elections, district and county boards of education shall follow the forms to be prescribed by the Attorney General. For all elections authorized by this chapter for school purposes, the county commission is the board of canvassers to canvass the returns.

            And,

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

            H. B. 4302 - “A Bill to amend and reenact §11-8-17 of the Code of West Virginia, 1931, as amended; to amend and reenact §13-1-13 of said code; and to amend and reenact §18-9-2 of said code, all relating to elections for public school purposes; clarifying certain language; and designating the county commission as the board of canvassers to canvass the returns of all levy and bond elections for public school purposes.”

            On motion of Delegate White, 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. 301), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:

            Absent and Not Voting: Andes, Hunt, Longstreth, J. Nelson, Paxton, Perdue, Raines and Staggers.

             So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4302) passed.

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

            A message from the Senate, by

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

            Com. Sub. for H. B. 4392, Regulating persons who perform work on heating, ventilating and cooling systems and fire dampers.

            On motion of Delegate White, 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 article, designated §21-16-1, §21-16-2, §21-16-3, §21-16-4, §21-16-5, §21-16-6, §21-16-7, §21-16-8, §21-16-9 and §21-16-10; that §29-3-12b of said code be amended and reenacted; and that §29-3D-1, §29-3D-2, §29-3D-3, §29-3D-4, §29-3D-5, §29-3D-6, §29-3D-7 and §29-3D-8 of said code be amended and reenacted, all to read as follows:

CHAPTER 21. LABOR

ARTICLE 16. REGULATION OF HEATING, VENTILATING AND COOLING WORK.

§21-16-1. Declaration of purpose.

            The provisions of this article are intended to protect the health, safety and welfare of the public as well as public and private property by assuring the competence of those who perform work on a heating, ventilating and cooling system through licensure by the Commissioner of Labor.

§21-16-2. Definitions.

            As used in this article and the legislative rules promulgated pursuant to this article:

            (a) ‘Perform work on a heating, ventilating and cooling system’ means to install, maintain, alter, remodel or repair one or more components of a heating, ventilating and cooling system.

            (b) ‘Heating, ventilating and cooling system’ means equipment to heat, cool or ventilate residential or commercial structures, comprised of one or more of the following components:

            (1) ‘Heating system’ means a system in which heat is transmitted by radiation, conduction or convection, or a combination of any of these methods, to the air, surrounding surfaces, or both, and includes a forced air system that uses air being moved by mechanical means to transmit heat, but does not include a fireplace or woodburning stove not incorporated into or used as a primary heating system;

            (2) ‘Ventilating system’ means the natural or mechanical process of supplying air to, or removing air from, any space whether the air is conditioned or not conditioned, at a rate of airflow of more than two hundred fifty cubic feet per minute; and

            (3) ‘Cooling system’ means a system in which heat is removed from air, surrounding surfaces, or both, and includes an air-conditioning system. 

            (c) ‘HVAC Technician’ means a person licensed to install, test, maintain and repair heating, ventilating and cooling systems.

            (d) ‘HVAC Technician in Training’ means a person with interest in and an aptitude for performing installation, maintenance and repair work to a heating, ventilating and cooling system as defined in this article, but who alone is not capable or authorized to perform heating, ventilating and cooling system work unless directly supervised by a HVAC technician.

            (e) ‘License’ means a valid and current license issued by the Commissioner of Labor in accordance with the provisions of this article.

            (f) ‘Routine maintenance’ means work performed on a routine schedule that includes cleaning and/or replacing filters, greasing or lubricating motor bearings, adjusting and/or replacing belts, checking system temperature, checking gas temperature, adjusting gas pressure as required, and checking voltage and amperage draw on heating, ventilating and cooling systems.

            (g) ‘Single family dwelling’ means a building which is occupied as, or designed or intended for occupancy as, a single residence for one or more persons.

§21-16-3. License required; exemptions.

            (a) On and after January 1, 2016, a person performing or offering to perform work on a heating, ventilating and cooling system in this state shall have a license issued by the Commissioner of Labor, in accordance with the provisions of this article and the legislative rules promulgated pursuant hereto.

            (b) A person licensed under this article shall carry a copy of the license on any job in which heating, ventilating and cooling work is being performed.

            (c) This article does not apply to:

            (1) A person who personally performs work on a heating, ventilating and cooling system in a single family dwelling owned by that person or by a member of that person’s immediate family;

            (2) A person who performs work on a heating, ventilating and cooling system at a manufacturing plant or other industrial establishment as an employee of the person, firm or corporation operating the plant or establishment;

            (3) A person who performs only electrical or plumbing work on a heating, ventilating and cooling system, so long as the work is within the scope of practice which the person is otherwise licensed or authorized to perform; or

            (4) A person who performs routine maintenance as a direct employee of the person, firm or corporation that owns or operates the facility where the heating, ventilating or cooling system equipment is located.

§21-16-4. Scope of practice.

            (a) A HVAC technician in training is authorized to assist in providing heating, ventilating and cooling work only under the direction and control of a HVAC technician.

            (b) A HVAC technician is authorized to provide heating, ventilating and cooling work without supervision.

            (c) Persons licensed under this article are subject to the applicable provisions of the Contractor Licensing Act in article eleven of this chapter in the performance of work authorized by this article.

§21-16-5. Rule-making authority.

            The Commissioner of Labor shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, for the implementation and enforcement of the provisions of this article, which shall provide:

            (1) Standards and procedures for issuing and renewing licenses, applications, examinations and qualifications;

            (2) Provisions for the granting of licenses, without examination, to applicants who present satisfactory evidence no later than July 1, 2016, of having at least two thousand hours of experience and/or training working on heating, ventilating and cooling systems and at least six thousand hours of experience and/or training in heating, ventilating and cooling or relating work, to include other sheet metal industry tasks: Provided, That if a license issued under the authority of this subsection subsequently lapses, the applicant is subject to all licensure requirements, including the examination;

            (3) Reciprocity provisions;

            (4) Procedures for investigating complaints and revoking or suspending licenses, including appeal procedures;

            (5) Fees for issuance and renewal of licenses and other costs necessary to administer the provisions of this article;

            (6) Enforcement procedures; and

            (7) Any other rules necessary to effectuate the purposes of this article.

§21-16-6. Enforcement; interagency agreements authorized.

            (a) The Commissioner of Labor and his or her Deputy Commissioner or any compliance officer of the Division of Labor as authorized by the Commissioner of Labor may enforce the provisions of this article and may, at reasonable hours, enter any building or premises where heating, ventilating and cooling work is performed and issue cease and desist orders for noncompliance.

            (b) The Commissioner of Labor may enter into an interagency agreement with the State Fire Marshal for the mutual purpose of enforcing the provisions of this article and the provisions of article three-e, chapter twenty-nine of this code.

§21-16-7. Denial, suspension and revocation of license.

            (a) The Commissioner of Labor may deny a license to any applicant who fails to comply with the provisions of this article or the rules established by the Commissioner of Labor or who lacks the necessary qualifications.

            (b) The Commissioner of Labor may, upon complaint or upon his or her own inquiry, and after notice to the licensee, suspend or revoke a licensee̓s license if:

            (1) The license was granted upon an application or documents supporting the application which materially misstated the terms of the applicant̓s qualifications or experience;

            (2) The licensee subscribed or vouched for a material misstatement in his or her application for licensure;

            (3) The licensee incompetently or unsafely performs heating, ventilating and cooling work; or

            (4) The licensee violated any statute of this state, any legislative rule or any ordinance of any municipality or county of this state which protects the consumer or public against unfair, unsafe, unlawful or improper business practices.

§21-16-8. Penalties.

            (a) On and after January 1, 2016, a person performing or offering to perform, or an employer authorizing a person not exempt by the provisions of section three of this article, to perform, heating, ventilating and cooling work without a license issued by the Commissioner of Labor, is subject to a cease and desist order.

            (b) A person continuing to perform, or an employer continuing to authorize a person not exempt by the provisions of section three of this article, to perform, heating, ventilating and cooling work after the issuance of a cease and desist order is guilty of a misdemeanor and, upon conviction thereof, is subject to the following penalties:

            (1) For the first offense, a fine of not less than $200 nor more than $1,000;

            (2) For the second offense, a fine of not less than $500 nor more than $2,000;

            (3) For the third and subsequent offenses, a fine of not less than $1,000 nor more than $5,000, and confinement in jail for not more than one year.

            (c) Each day after official notice is given, a person continues to perform, or an employer continues to authorize a person to perform, and which is not exempt by the provisions of section three of this article, heating, ventilating and cooling work, is a separate offense and punishable accordingly. 

            (d)(1) The Commissioner of Labor may institute proceedings in the circuit court of Kanawha County or of the county where the alleged violation of the provisions of this article occurred or are occurring to enjoin any violation of any provision of this article.    (2) A circuit court may by injunction compel compliance with this article, with the lawful orders of the Commissioner of Labor and with any final decision of the Commissioner of Labor.

            (3) The Commissioner of Labor shall be represented in all such proceedings by the Attorney General or his or her assistants.

            (e) Any person adversely affected by an action of the Commissioner of Labor may appeal the action pursuant to chapter twenty-nine-a of this code.

§21-16-9. Inapplicability of local ordinances.

            On and after January 1, 2016, a political subdivision of this state may not require, as a condition precedent to the performance of work on heating, ventilating and cooling in the political subdivision, a person who holds a valid and current license issued under this article, to have any other license or other evidence of competence beyond those required by the Commissioner of Labor to perform work on heating, ventilating and cooling systems.

§21-16-10. Disposition of fees.

            All fees paid pursuant to this article, shall be paid to the Commissioner of Labor and deposited in ‘West Virginia Contractor Licensing Board Fund’ for the use of the Commissioner of Labor in a manner consistent with section seventeen, article eleven, chapter twenty-one of this Code.

CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.

ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.

§29-3-12b. Fees.

            (a) The State Fire Marshal may establish fees in accordance with the following:

            (1) For blasting. -- Any person storing, selling or using explosives shall first obtain a permit from the State Fire Marshal. The permit shall be valid for one year. The State Fire Marshal may charge a fee for the permit.

            (2) For inspections of schools or day-care facilities. -- The State Fire Marshal may charge a fee of up to $25.00 per annual inspection for inspection of schools or day-care facilities: Provided, That only one such fee may be charged per year for any building in which a school and a day-care facility are colocated: Provided, however, That any school or day-care facility may not be charged for an inspection more than one time per twelve-month period.

            (3) For inspections of hospitals or nursing homes. -- The State Fire Marshal may charge an inspection fee of up to $100.00 per annual inspection of hospitals or nursing homes: Provided, That any hospital or nursing home may not be charged for an inspection more than one time per twelve-month period.

            (4) For inspections of personal care homes or board and care facilities. -- The State Fire Marshal may charge an inspection fee of up to $50.00 per annual inspection for inspections of personal care homes or board and care facilities: Provided, That any personal care home or board and care facility may not be charged for an inspection more than one time per twelve-month period.

            (5) For inspections of residential occupancies. -- The State Fire Marshal may charge an inspection fee of up to $100.00 for each inspection of a residential occupancy. For purposes of this subdivision, ‘residential occupancies’ are those buildings in which sleeping accommodations are provided for normal residential purposes.

            (6) For inspections of mercantile occupancies. -- The State Fire Marshal may charge an inspection fee of up to $100.00 for inspections of mercantile occupancies: Provided, That if the inspection is in response to a complaint made by a member of the public, the State Fire Marshal shall obtain from the complainant an advance inspection fee of $25.00. This fee shall be returned to the complainant if, after the State Fire Marshal has made the inspection, he or she finds that the complaint was accurate and justified, and he or she shall thereafter collect an inspection fee of up to $100.00 from the mercantile occupancy. If, after the inspection has been performed, it appears to the State Fire Marshal that the complaint was not accurate or justified, the State Fire Marshal shall keep the $25.00 advance inspection fee obtained from the complainant and may not collect any fees from the mercantile occupant. For purposes of this section, ‘mercantile occupancy’ includes stores, markets and other rooms, buildings or structures for the display and sale of merchandise.

            (7) For business occupancies. -- The State Fire Marshal may charge an inspection fee of up to $100.00 for inspections of business occupancies: Provided, That the provisions in subdivision (6) of this section shall apply regarding complaints by members of the public. For purposes of this section, ‘business occupancies’ are those buildings used for the transaction of business, other than mercantile occupancies, for the keeping of accounts and records and similar purposes.

            (8) For inspections of assembly occupancies. -- The State Fire Marshal may charge an inspection fee not more than one time per twelve-month period for the inspection of assembly occupancies. The inspection fee shall be assessed as follows: For Class C assembly facilities, an inspection fee not to exceed $50.00; for Class B assembly facilities, an inspection fee not to exceed $75.00; and for Class A facilities, an inspection fee not to exceed $100.00.

            For purposes of this subdivision, an ‘assembly occupancy’ includes, but is not limited to, all buildings or portions of buildings used for gathering together fifty or more persons for such purposes as deliberation, worship, entertainment, eating, drinking, amusement or awaiting transportation. For purposes of this section, a ‘Class C assembly facility’ is one that accommodates fifty to three hundred persons; a ‘Class B facility’ is one which accommodates more than three hundred persons but less than one thousand persons; and a ‘Class A facility’ is one which accommodates more than one thousand persons.

            (b) The State Fire Marshal may collect fees for the fire safety review of plans and specifications for new and existing construction. Fees shall be paid by the party or parties receiving the review.

            (1) Structural barriers and fire safety plans review. -- The fee is $1.00 for each $1,000.00 of construction cost up to the first $1 million. Thereafter, the fee is forty eighty cents for each $1,000.00 of construction cost.

            (2) Sprinkler system review. -- The fee charged for the review of an individual sprinkler system is as follows: Number of heads: One to two hundred -- $85.00; two hundred one to three hundred -- $100.00; three hundred one to seven hundred fifty -- $120.00; over seven hundred fifty -- $120.00 plus ten cents per head over seven hundred fifty.

            (3) Fire alarm systems review. -- The fee charged for the review of a fire alarm system is $50.00 for each ten thousand square feet of space with a $50.00 minimum charge.

            (4) Range hood extinguishment system review. -- The fee is $25.00 per individual system reviewed.

            (5) Carpet specifications. -- The fee for carpet review and approval is $20.00 per installation.

            (c) All fees authorized and collected pursuant to this article, and article three-b, article three-c and article three-d of this chapter shall be paid to the state fire commission and thereafter deposited into the special account in the state treasury known as the ‘fire marshal fees fund’. Expenditures from the fund shall be for the purposes set forth in this article and articles three-b, and three-c and three-d of this chapter and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter five-a of this code. Any balance remaining in the special account at the end of any fiscal year shall be reappropriated to the next fiscal year.

            (d) If the owner or occupant of any occupancy arranges a time and place for an inspection with the State Fire Marshal and is not ready for the occupancy to be inspected at the appointed time and place, the owner or occupant thereof shall be charged the inspection fee provided in this section unless at least forty-eight hours prior to the scheduled inspection the owner or occupant requests the State Fire Marshal to reschedule the inspection. In the event a second inspection is required by the State Fire Marshal as a result of the owner or occupant failing to be ready for the inspection when the State Fire Marshal arrives, the State Fire Marshal shall charge the owner or occupant of the occupancy the inspection fees set forth above for each inspection trip required.

            (e) The fees provided for in this section shall remain in effect until such time as the Legislature has approved rules promulgated by the State Fire Marshal, in accordance with the provisions of article three, chapter twenty-nine-a of this code, establishing a schedule of fees for services.

ARTICLE 3D. SUPERVISION OF FIRE PROTECTION WORK.

§29-3D-1. Declaration of purpose.

            The provisions of this article are intended to protect the health, safety and welfare of the public as well as public and private property by assuring the competence of those who perform fire protection work and damper work through licensure by the State Fire Marshal.

§29-3D-2. Definitions.

            As used in this article and the legislative rules promulgated pursuant to this article:

            (a) ‘Combination Fire/Smoke Damper’ means a device that meets both fire damper and smoke damper requirements.

            (b) ‘Damper’ means a fire damper, smoke damper or combination fire/smoke damper.

            (c) ‘Damper work’ means to install, test, maintain or repair a damper.

            (a) (d) ‘Engineered Suppression Systems Installer’ means a person certified by a manufacturer to install, alter, extend, maintain, layout or repair an agent suppression system.

            (b) (e) ‘Engineered Suppression Systems Technician’ means a person certified by a manufacturer to maintain or repair an agent suppression system.

            (f) ‘Fire damper’ means a device installed in an air distribution system, designed to close automatically upon detection of heat, to interrupt migratory airflow and to restrict the passage of flame. Fire dampers are classified for use in either static systems or for dynamic systems, where the dampers are rated for closure under airflow.

            (g) ‘Fire protection damper technician’ means a person certified to install, test, maintain or repair a damper.

            (h) ‘Fire protection damper technician in training’ means a person with interest in and an aptitude for performing installation, maintenance or repair work to a damper as defined in this article, but who alone is not capable or authorized to perform damper work unless directly supervised by a Fire Protection Damper Technician.

            (c) (i) ‘Fire protection layout technician’ is an individual who has achieved National Institute for Certification in Engineering Technologies (NICET) Level III or higher certification, and who has the knowledge, experience and skills necessary to layout fire protection systems based on engineering design documents.

            (d) (j) ‘Fire protection system’ means any fire protection suppression device or system designed, installed and maintained in accordance with the applicable National Fire Protection Association (NFPA) codes and standards, but does not include public or private mobile fire vehicles.

            (e) (k) ‘Fire protection work’ means the installation, alteration, extension, maintenance, or testing of all piping, materials and equipment inside a building, including the use of shop drawings prepared by a fire protection layout technician, in connection with the discharge of water, other special fluids, chemicals or gases and backflow preventers for fire protection for the express purpose of extinguishing or controlling fire.

            (f) (l) ‘Journeyman sprinkler fitter’ means a person qualified by at least ten thousand hours of work experience installing, adjusting, repairing and dismantling fire protection systems and who is competent to instruct and supervise the fire protection work of a sprinkler fitter in training.

            (g) (m) ‘License’ means a valid and current license issued by the State Fire Marshal in accordance with the provisions of this article.

            (h) (n) ‘Portable Fire Extinguisher Technician’ means a person certified in accordance with NFPA 10 to install, maintain, repair and certify portable fire extinguishers as defined by NFPA 10.

            (i) (o) ‘Preengineered Suppression Systems Installer’ means a person certified by a manufacturer to install, alter, extend, maintain, layout or repair an agent suppression system.

            (j) (p) ‘Preengineered Suppression Systems Technician’ means a person certified to maintain or repair an agent suppression system.

            (q) ‘Single family dwelling’ means a building which is occupied as, or designed or intended for occupancy as, a single residence for one or more persons.

            (r) ‘Smoke Damper’ means a device within an operating (dynamic) air distribution system to control the movement of smoke.

            (k) (s) ‘Sprinkler fitter in training’ means a person with interest in and an aptitude for performing fire protection work but who alone is not capable of performing such work, and who has fewer than ten thousand hours of experience installing, adjusting, repairing and dismantling fire protection systems.

29-3D-3. License required; exemptions.

            (a) On and after January 1, 2009, a person performing or offering to perform fire protection work in this state shall have a license issued by the State Fire Marshal, in accordance with the provisions of this article.

            (b) On and after January 1, 2016, a person performing or offering to perform damper work in this state shall have a license issued by the State Fire Marshal, in accordance with the provisions of this article and the legislative rules promulgated pursuant hereto: Provided, That a person may not be licensed to perform damper work in this state without first being licensed as a HVAC technician pursuant to the provisions of article sixteen, chapter twenty-one of this code.

            (b) (c) A person licensed under this article must carry a copy of the license on any job in which fire protection work is being performed.

            (c) (d) This article does not apply to:

            (1) A person who personally performs fire protection work or damper work on a single family dwelling owned or leased, and occupied by that person;

            (2) A person who performs fire protection work or damper work at any manufacturing plant or other industrial establishment as an employee of the person, firm or corporation operating the plant or establishment;

            (3) A person who, while employed by a public utility or its affiliate, performs fire protection work in connection with the furnishing of public utility service.

            (4) A person who performs fire protection work while engaging in the business of installing, altering or repairing water distribution or drainage lines outside the foundation walls of a building, public or private sewage treatment or water treatment systems including all associated structures or buildings, sewers or underground utility services;

            (5) A person who performs fire protection work while engaged in the installation, extension, dismantling, adjustment, repair or alteration of a heating ventilation and air conditioning (HVAC) system, air-veyor system, air exhaust system or air handling system; or

            (6) A person who performs fire protection work at a coal mine that is being actively mined or where coal is being processed.

§29-3D-4. Rule-making authority.

            The State Fire Marshal shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, for the implementation and enforcement of the provisions of this article, which shall provide:

            (1) Standards and procedures for issuing and renewing licenses, including classifications of licenses as defined in this article, applications, examinations and qualifications: Provided, That the rules shall require a person to be licensed as a HVAC technician or HVAC technician in training pursuant to article sixteen, chapter twenty-one of this code and the rules promulgated pursuant thereto, before being granted a license to perform damper work pursuant to this article;

            (2) Provisions for the granting of licenses without examination, to applicants who present satisfactory evidence of having the expertise required to perform fire protection work at the level of the classifications defined in this article and who apply for licensure on or before July 1, 2009: Provided, That if a license issued under the authority of this subsection subsequently lapses, the applicant is subject to all licensure requirements, including the examination;

            (3) Provisions for the granting of licenses without examination, to applicants who present satisfactory evidence of having the expertise required to perform damper work at the level of the classifications defined in this article and who apply for licensure on or before July 1, 2016: Provided, that if a license issued under the authority of this subsection subsequently lapses, the applicant is subject to all licensure requirements, including the examination;

            (3) (4) Reciprocity provisions;

            (4) (5) Procedures for investigating complaints and revoking or suspending licenses, including appeal procedures;

            (5) (6) Fees for testing, issuance and renewal of licenses, and other costs necessary to administer the provisions of this article;

            (6) (7) Enforcement procedures; and

            (7) (8) Any other rules necessary to effectuate the purposes of this article.

§29-3D-5. Enforcement.

            (a) The State Fire Marshal and his or her deputy fire marshal, assistant fire marshal or assistant fire marshal-in-training, is authorized to enforce the provisions of this article, and may, at reasonable hours, enter any building or premises where fire protection work or damper work is performed and issue citations for noncompliance.

            (b) The State Fire Marshal may enter into an interagency agreement with the Commissioner of Labor for the mutual purpose of enforcing this article and article sixteen, chapter twenty-one of this code.

§29-3D-6. Denial, suspension and revocation of license.

            (a) The State Fire Marshal may deny a license to any applicant who fails to comply with the rules established by the State Fire Marshal, or who lacks the necessary qualifications.

            (b) The State Fire Marshal may, upon complaint or upon his or her own inquiry, and after notice to the licensee, suspend or revoke a licensee̓s license if:

            (1) The license was granted upon an application or documents supporting the application which materially misstated the terms of the applicant̓s qualifications or experience;

            (2) The licensee subscribed or vouched for a material misstatement in his or her application for licensure;

            (3) The licensee incompetently or unsafely performs plumbing, or fire protection work or damper work; or

            (4) The licensee violated any statute of this state, any legislative rule or any ordinance of any municipality or county of this state which protects the consumer or public against unfair, unsafe, unlawful or improper business practices.

§29-3D-7. Penalties.

            (a) On and after January 1, 2009, a person performing or offering to perform fire protection work without a license issued by the State Fire Marshal, is subject to a citation.

            (b) On and after January 1, 2016, a person performing or offering to perform, or an employer authorizing a person not exempt by the provisions of section three of this article, to perform, damper work without a license issued by the State Fire Marshal, is subject to a citation.

            (b) (c) Any person continuing to engage in fire protection work or damper work after the issuance of a citation is guilty of a misdemeanor and, upon conviction thereof, is subject to the following penalties:

            (1) For the first offense, a fine of not less than $200 nor more than $1,000;

            (2) For the second offense, a fine of not less than $500 nor more than $2,000, or confinement in jail for not more than six months, or both;

            (3) For the third and subsequent offenses, a fine of not less than $1,000 nor more than $5,000, and confinement in jail for not less than thirty days nor more than one year.

            (c) A separate offense means each day, after official notice is given, that a person performs fire protection work that is unlawful or is not in compliance with the provisions of this article.

            (d) Each day after a citation is given that a person continues to perform, or an employer continues to authorize a person to perform, fire protection work or damper work, which is not exempt by the provisions of section three of this article, is a separate offense and punishable accordingly.

            (d) (e)(1) The State Fire Marshal may institute proceedings in the circuit court of Kanawha County or the county where the alleged violation of the provisions of this article occurred or are now occurring to enjoin any violation of any provision of this article.

            (2) A circuit court by injunction may compel compliance with the provisions of this article, with the lawful orders of the State Fire Marshal and with any final decision of the State Fire Marshal.

            (3) The State Fire Marshal shall be represented in all such proceedings by the Attorney General or his or her assistants.

            (e) (f) Any person adversely affected by an action of the State Fire Marshal may appeal the action pursuant to the provisions of chapter twenty-nine-a of this code.

§29-3D-8. Inapplicability of local ordinances.

            (a) On and after January 1, 2009, a political subdivision of this state may not require, as a condition precedent to the performance of fire protection work in the political subdivision, a person who holds a valid and current license to perform fire protection work issued under the provisions of this article, to have any other license or other evidence of competence as a fire protection worker.

            (b) On and after January 1, 2016, a political subdivision of this state may not require, as a condition precedent to the performance of damper work in the political subdivision, a person who holds a valid and current license to perform damper work issued under this article to have any other license or other evidence of competence beyond those required by the State Fire Marshal and the Commissioner of Labor to perform damper work.

            And by amending the title of the bill to read as follows:

            Com. Sub. for H. B. 4392 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-16-1, §21-16-2, §21-16-3, §21-16-4, §21-16-5, §21-16-6, §21-16-7, §21-16-8, §21-16-9 and §21-16-10; to amend and reenact §29-3-12b of said code; and to amend and reenact sections §29-3D-1, §29-3D-2, §29-3D-3, §29-3D-4, §29-3D-5, §29-3D-6, §29-3D-7 and §29-3D-8 of said code, all relating to regulating persons who perform work on heating, ventilating and cooling systems and dampers; defining terms; requiring persons who perform work on heating, ventilating and cooling systems to be licensed by the Commissioner of Labor; requiring persons who perform work on dampers to be licensed by the State Fire Marshal; providing for exemptions from licensure; providing a scope of practice for heating, ventilating and cooling technicians and technicians-in-training; authorizing the commissioner to promulgate legislative rules; authorizing the State Fire Marshal to promulgate legislative rules; authorizing enforcement procedures; authorizing interagency agreements; authorizing the issuance, renewal, denial, suspension and revocation of licenses; authorizing fines for violation of articles; providing for criminal penalties; providing that no political subdivision of the state may mandate additional licensing requirements; and authorizing and providing for the disposition of fees.”

            On motion of Delegate White, 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. 302), and there were--yeas 65, nays 27, absent and not voting 8, with the nays and absent and not voting being as follows:

            Nays: Anderson, Armstead, Ashley, Azinger, Border, Butler, Cadle, Cooper, Cowles, Ellem, Ellington, Espinosa, Faircloth, Folk, Gearheart, Hamrick, Householder, Howell, Ireland, Kump, Lane, E. Nelson, Overington, Rowan, R. Smith, Walters and Westfall.

            Absent and Not Voting: Andes, Hunt, Longstreth, J. Nelson, Paxton, Perdue, Raines and Shott.

             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. 4392) 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. 4393, Creating the Dangerous Wild Animals Act.

            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 five, line seventeen, by striking out all of paragraph (A) and inserting in lieu thereof a new subdivision, designated subdivision (2), to read as follows:

            “(2) Create a comprehensive list of dangerous wild animals, excluding wildlife, livestock and domestic animals as defined herein. The list may include, but not be limited to:

            (A) Bears;

            (B) Big cats;

            (C) Canids;

            (D) Primates;

            (E) Constrictor snakes greater than six feet and venomous snakes; and

            (F) Alligators and caimans;”And by renumbering the remaining subdivisions;

            On page twelve, section eight, line fourteen, by striking out the words “has been pre-approved by the board” and inserting in lieu thereof the words “is a licensed exhibitor under the Animal Welfare Act, 7 U. S. C. §2132(e), as amended”;

            On page thirteen, section nine, line five, after the word “intentionally”, by inserting the words “or recklessly”;

            And,

            On page thirteen, section nine, line eleven, after the word “intentionally”, by inserting the words “or recklessly”.

            On motion of Delegate White, 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. 303), and there were--yeas 69, nays 23, absent and not voting 8, with the nays and absent and not voting being as follows:

            Nays: Armstead, Arvon, Ashley, Azinger, Border, Butler, Cadle, Cowles, Espinosa, Faircloth, Folk, Frich, Gearheart, Hamrick, Householder, Howell, Kinsey, Kump, Lane, R. Smith, Sobonya, Walters and Westfall.

            Absent and Not Voting: Andes, Hunt, Longstreth, J. Nelson, Paxton, Perdue, Raines and Shott.

             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. 4393) 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. 4425, Giving the Superintendent of State Police authority to hire additional staff.

            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. 4449, Including proximity detection systems and cameras used on continuous mining machines and underground haulage equipment for tax credit purposes.

            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. 4496, Providing for the allocation of matching funds from future moneys deposited into the West Virginia Research Trust Fund.

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

            The following Senate amendment was reported by the Clerk:

            On page eight, section three, line twenty-three, by striking out the word “Twenty-five” and inserting in lieu thereof the word “Thirty”.

            And,

            On page eight, section three, line twenty-six, by striking out the word “Ten” and inserting in lieu thereof the word “Five”.

            On motion of Delegate White, 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. 304), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:

            Absent and Not Voting: Andes, Hunt, Longstreth, J. Nelson, Paxton, Perdue, Raines and Shott.

             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. 4496) 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. 4619, Authorizing innovation school districts.

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

            The following Senate amendments were reported by the Clerk:

            On pages two through five, lines one through fifty-six, by striking out all of section three.

            On page nine, section thirteen, lines eighty through eighty-eight, by striking out all of subsection (c) and inserting in lieu thereof a new subsection, designated subsection (c), to read as follows:

            “(c) School System Eligibility:

            All county boards are eligible to apply for designation as an innovation school district: Provided, That a district that has expended funds or incurred obligations in violation of section twenty-six, article eight, chapter eleven of this code is not eligible to apply for designation as an innovation school district, unless otherwise determined by the state board. The applications shall be taken in four categories: Sparse Density County; Low Density County; Medium Density County; and High Density County, as those terms are defined in section two, article nine-a of this chapter. The state board is authorized to designate no more than one county from each category as an innovation school district beginning July 1, 2015: Provided, That the State Board, after July 1, 2016, may designate one additional county from each category as an innovation school district as long as the number of counties designated at any one time does not exceed two counties from each category as innovation school districts, subject to other considerations included herein. The designation of counties as innovation school districts shall be on a competitive basis.”

            On page ten, section thirteen, line one hundred five, by striking out the word “two” and inserting in lieu thereof the words “number allowed by subsection (c) of this section”.

            On page ten, section thirteen, line one hundred eight, by striking out the word “two” and inserting in lieu thereof the words “number allowed by subsection (c) of this section”.

            On page sixteen, section thirteen, line two hundred nineteen, by striking out the word “hearings” and inserting in lieu thereof the words “town hall meetings”.

            On page sixteen, section thirteen, line two hundred nineteen, by striking out “(2)” and inserting in lieu thereof “(4)”.

            On page twenty, section thirteen, line three hundred thirteen, by striking out the word “thirty” and inserting in lieu thereof the word “sixty”.

            On page twenty-three, section thirteen, line three hundred fifty-seven, by striking out “(l)” and inserting in lieu thereof “(i)”.

            On page twenty-three, section thirteen, line three hundred seventy-six, by striking out “(m)” and inserting in lieu thereof “(j)”.

            On page twenty-four, section thirteen, line three hundred eighty-two, by striking out “(o)” and inserting in lieu thereof “(k)”.

            And,

            By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:

            “That the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18-5B-13, to read as follows” and a colon.

            And by amending the title of the bill to read as follows:

            H. B. 4619 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5B-13, relating to school innovation zones act; authorizing innovation school districts; making legislative findings and providing intent and purpose of section; school system eligibility and application categories; providing for application process, review, content and periods; innovation school district plan purpose and content; plan development, approval and submission to state board; state board designation of innovation school districts; effect of designation and process for waiver of statutes, policies, rules and interpretations; limitation on waivers; revision of plans; extension and revocation of designation; effect of expiration of designation on innovations; requiring state board rule; and annual review.”

            On motion of Delegate White, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.

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

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate has adopted, with amendment, a resolution of the House of Delegates, as follows:

            Com. Sub. for H. C. R. 36, Army sergeant Billy E. Vinson Memorial Bridge.  

            On motion of Delegate White, the resolution was taken up for immediate consideration.

            The following Senate amendments were reported by the Clerk:

            On page two, in the Resolved clause, before the word “Army”, by inserting “U. S.”.

            On page two, in the first Further Resolved clause, before the word “Army”, by inserting “U. S.”.

            And,

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

            Com. Sub. for H. C. R. 36 - “Requesting the Division of Highways to name the West Virginia 73 Overpass at the Logan exit of Route 119, Logan, Logan County, bridge number 23-119-5.67 (23A254), as the “U. S. Army SGT Billy E. Vinson Memorial Bridge.”                      

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

            The resolution, as amended by the Senate, was adopted.

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

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate has adopted, with amendment, a resolution of the House of Delegates, as follows:

            Com. Sub. for H. C. R. 69, U. S. Army Corporal John L. Gibbs Memorial Bridge.

            On motion of Delegate White, the resolution was taken up for immediate consideration.

            The following Senate amendments were reported by the Clerk:

            On page two, in the fourth Whereas clause, by striking out “US” and inserting in lieu thereof “U. S.”.

            On page two, in the Resolved clause, by striking out “US” and inserting in lieu thereof “U. S.”.

            On page two, in the first Further Resolved clause, by striking out “US” and inserting in lieu thereof “U. S.”.

            And,

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

            Com. Sub. for H. C. R. 69 - “Requesting the Division of Highways to name bridge number 27-62-37.01 (27A052) on Route 62 in Hartford, Mason County, the “U. S. Army Corporal John L. Gibbs Memorial Bridge”.

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

            The resolution, as amended by the Senate, was then adopted.

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

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate has adopted, with amendment, a resolution of the House of Delegates, as follows:

            Com. Sub. for H. C. R. 70, U. S. Sgt. Matthew D. Hunter Memorial Bridge.  

            On motion of Delegate White, the resolution was taken up for immediate consideration.

            The following Senate amendments were reported by the Clerk:

            On page two, in the ninth Whereas clause, by striking out “US” and inserting in lieu thereof “U. S.”.

            On page three, in the Resolved clause, by striking out “US” and inserting in lieu thereof “U. S.”.

            On page three, in the first Further Resolved clause, by striking out “US” and inserting in lieu thereof “U. S.”.

            And,

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

            Com. Sub. for H. C. R. 70 - “Requesting the Division of Highways to name bridge number 35-40-7.52 (35A139) on Route 40 in Wheeling, Ohio County, the ‘U. S. Army Sgt. Matthew D. Hunter Memorial Bridge’.”

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

            The resolution, as amended by the Senate, was then adopted.

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

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate has adopted, with amendment, a resolution of the House of Delegates, as follows:

            Com. Sub. for H. C. R. 73, U. S. Army Captain David Van Camp Memorial Bridge.

            On motion of Delegate White, the resolution was taken up for immediate consideration.

            The following Senate amendments were reported by the Clerk:

            On page three, in the Resolved clause, by striking out “US” and inserting in lieu thereof “U. S.”.

            On page three, in the first Further Resolved clause, by striking out “US” and inserting in lieu thereof “U. S.”.

            And,

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

            Com. Sub. for H. C. R. 73 - “Requesting the Division of Highways to name bridge number 35-88-2.84 (35A083) on Bridge Street in Wheeling, Ohio County, the ‘U. S. Army Captain David Van Camp Memorial Bridge’.”

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

            The resolution, as amended by the Senate, was then adopted.

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

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate has adopted, with amendment, a resolution of the House of Delegates, as follows:

            Com. Sub. for H. C. R. 75, Army SPC 4 Marvin Dewayne Canterbury Memorial Highway.

            On motion of Delegate White, the resolution was taken up for immediate consideration.

            The following Senate amendments were reported by the Clerk:

            On page two, in the seventh Whereas clause, by striking out the words “Army SPC 4” and inserting in lieu thereof the words “U. S. Army SP4”.

            On page two, in the eighth Whereas clause, by striking out the words “Army SPC 4” and inserting in lieu thereof the words “U. S. Army SP4”.

            On page two, in the ninth Whereas clause, by striking out the words “Army SPC 4” and inserting in lieu thereof the words “U. S. Army SP4”.

            On page two, in the tenth Whereas clause, by striking out the words “Army SPC 4” and inserting in lieu thereof the words “U. S. Army SP4”.

            On page two, in the Resolved clause, by striking out the words “Army SPC 4” and inserting in lieu thereof the words “U. S. Army SP4”.

            On page two, in the first Further Resolved clause, by striking out the words “Army SPC 4” and inserting in lieu thereof the words “U. S. Army SP4”.

            On page three, in the second Further Resolved clause, line one, by striking out the words “Army SPC 4” and inserting in lieu thereof the words “U. S. Army SP4”.

            And,

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

            Com. Sub. for H. C. R.75 - “Requesting the Division of Highways to name U. S. Route 119 from Clendenin, Kanawha County, to the Kanawha - Roane County line, the ‘U. S. Army SP4 Marvin Dewayne Canterbury Memorial Highway’.”

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

            The resolution, as amended by the Senate, was then adopted.

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

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate has adopted, with amendment, a resolution of the House of Delegates, as follows:

            Com. Sub. for H. C. R. 76, Army PFC Richard Lee Lakin Memorial Bridge.

            On motion of Delegate White, the resolution was taken up for immediate consideration.

            The following Senate amendments were reported by the Clerk:

            On page three, in the Resolved clause, before the word “Army”, by inserting “U. S.”.

            On page three, in the first Further Resolved clause, before the word “Army”, by inserting “U. S.”.

            And,

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

            Com. Sub. for H. C. R. 76 - “Requesting that bridge number 50-37-3.29 (50A069) over Big Hurricane Creek in Wayne County be named the ‘U. S. Army PFC Richard Lee Lakin Memorial Bridge’.”

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

            The resolution, as amended by the Senate, was then adopted.

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

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate has adopted, without amendment, a resolution of the House of Delegates, as follows:

            Com. Sub. for H. C. R. 83, Requesting Congress erect a national monument to motherhood.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2014, and requested the concurrence of the House of Delegates in the passage, of

             Com. Sub. for S. B. 306 - “A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution.”

            At the respective requests of Delegate White, and by unanimous consent, the bill (Com. Sub. for S. B. 306) was taken up for immediate consideration, read a first time and ordered to second reading.

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

Committee Reports

            On motions for leave, resolutions were introduced (Originating in the Committee on Agriculture and Natural Resources and reported with the recommendation that they each be adopted), which were read by their titles, as follows:

By Delegates Walker, Pino, Manypenny, L. Phillips, R. Phillips, Evans, Hamilton, Romine, Ireland, Campbell, Diserio, Guthrie, M. Poling, Sponaugle, Swartzmiller, Tomblin, Wells, Williams, Ambler, Anderson, Border, Canterbury, Ellem, Miller and Overington:

            H. C. R. 127 - “Requesting the Joint Committee on Government and Finance to study agriculture education curriculum and reporting.”

            Whereas, agricultural education prepares students for successful agricultural careers; and

            Whereas, classroom experiences can be applied in real world situations through a Supervised Agricultural Experience; and

            Whereas, agricultural education provides students opportunities for leadership development and personal growth ; and

            Whereas, agricultural educators are certified nationally; and

            Whereas, the state is situated to expand its agricultural industries; and

            Whereas, agricultural education contributes millions of dollars to the state economy; 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 agricultural education curriculum and reporting; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, 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. 

            And,

By Delegates Walker, Pino, Manypenny, L. Phillips, R. Phillips, Evans, Hamilton, Romine, Ireland, Campbell, Diserio, Guthrie, M. Poling, Sponaugle, Swartzmiller, Tomblin, Wells, Williams, Ambler, Anderson, Border, Canterbury, Ellem, Miller and Overington:

            H. C. R. 128 - “Requesting the Joint Committee on Government and Finance to study stream restoration and stabilization.”

            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, soil erosion prevention is important to flood control; and

            Whereas, West Virginia has 32,000 miles of streams; and

            Whereas, stream preservation and restoration and important in protecting our waterways to prevent; and

            Whereas, West Virginia is 78% covered by forest; and

            Whereas, stream cleanup and stabilization can cost the state thousands of dollars; 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 stream restoration and stabilization; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, 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.

Miscellaneous Business

            Delegate Sumner announced that she was recorded as being absent on Roll No. 101, on February 19, 2014, and that she should have been recorded as voting “Yea” thereon.

Leaves of Absence

            At the request of Delegate White, and by unanimous consent, leaves of absence for the day were granted Delegates Longstreth, J. Nelson, Paxton, Perdue and Raines.

            At 6:49 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, March 7, 2014.

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