Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home
HOUSE: | Bills Introduced | Resolutions Introduced | Abstract | Topical Index | Committee Schedule | Calendar | Daily Calendar | Journal | Menu |

House Journal


Day 01 (01-08-2014)
Day 02 (01-09-2014)
Day 03 (01-10-2014)
Day 06 (01-13-2014)
Day 07 (01-14-2014)
Day 08 (01-15-2014)
Day 09 (01-16-2014)
Day 10 (01-17-2014)
Day 13 (01-20-2014)
Day 14 (01-21-2014)
Day 15 (01-22-2014)
Day 16 (01-23-2014)
Day 17 (01-24-2014)
Day 20 (01-27-2014)
Day 21 (01-28-2014)
Day 22 (01-29-2014)
Day 23 (01-30-2014)
Day 24 (01-31-2014)
Day 27 (02-03-2014)
Day 28 (02-04-2014)
Day 29 (02-05-2014)
Day 30 (02-06-2014)
Day 31 (02-07-2014)
Day 34 (02-10-2014)
Day 35 (02-11-2014)
Day 36 (02-12-2014)
Day 37 (02-13-2014)
Day 38 (02-14-2014)
Day 42 (02-18-2014)
Day 43 (02-19-2014)
Day 44 (02-20-2014)
Day 45 (02-21-2014)
Day 48 (02-24-2014)
Day 49 (02-25-2014)
Day 50 (02-26-2014)
Day 51 (02-27-2014)
Day 52 (02-28-2014)
Day 56 (03-04-2014)
Day 57 (03-05-2014)
Day 58 (03-06-2014)
Day 59 (03-07-2014)
Day 61 (03-09-2014)
Day 62 (03-10-2014)
Day 01 (1-08-02014)

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

colorseal.jpg



__________*__________



 

Friday, March 7, 2014

FIFTY-NINTH DAY

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

 

 

            The House of Delegates met at 11:00 a.m., 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 Thursday, March 6, 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 Boggs, Chair of the Committee on Finance, submitted the following report, which was received:

            On motion for leave, bills were introduced (Originating in the Committee on Finance and reported with the recommendation that they each do pass), which were read by their titles, as follows:

By Delegates Boggs, Iaquinta, Moye, Perdue, Pethtel, R. Phillips, Williams, Anderson, Miller, E. Nelson and Storch:

            H. B. 4623 - “A Bill expiring funds to the balance of the Department of Administration, Board of Risk and Insurance Management, Patient Injury Compensation Fund, fund 2371, fiscal year 2014, organization 0218, in the amount of $2,000,000 from the Department of Administration, Board of Risk and Insurance Management, Medical Liability Fund, fund 2368, fiscal year 2014, organization 0218 for the fiscal year ending June 30, 2014.”

Messages from the Senate

            A message from the Senate, by

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

            Com. Sub. for H. B. 4175, West Virginia Small Business Emergency Act.

            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. 4363, Creating an informal dispute resolution process available to behavioral health providers.

            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:

ARTICLE 1A. DEPARTMENT OF HEALTH.

§27-1A-12. Independent Informal Dispute Resolution.

            (a) A behavioral health provider licensed by the Department of Health and Human Resources adversely affected by an order or citation of a deficient practice issued pursuant to this article or pursuant to federal law may request to use the independent informal dispute resolution process established by this section. A licensee may contest a cited deficiency as contrary to rule, regulation or law or unwarranted by the facts, or any combination thereof.

            (b) The independent informal dispute resolution process is not a formal evidentiary proceeding and utilization of the independent informal dispute resolution process does not waive the right of the licensee to request a formal hearing with the secretary.

            (c) The independent informal dispute resolution process shall consist of the following:

            (1) The secretary shall transmit to the licensee a statement of deficiencies attributed to the licensee and request that the licensee submit a plan of correction addressing the cited deficiencies no later than ten working days following the last day of the survey or inspection, or no later than ten working days following the last day of a complaint investigation. Notification of the availability of the independent informal dispute resolution process and an explanation of the independent informal dispute resolution process shall be included in the transmittal.

            (2) When the licensee returns its plan of correction to the secretary, the licensee may request, in writing, to participate in the independent informal dispute resolution process to protest or refute all or part of the cited deficiencies within ten working days. The secretary may not release the final report until all dispute processes are resolved.

            (3) The Secretary of the West Virginia Department of Health and Human Resources (hereinafter ‘secretary’) shall approve and establish a panel of at least three independent review providers: Provided, That in lieu of establishing a panel, the secretary may use an existing panel of approved independent review providers. The secretary shall contract with the independent review providers to conduct the independent informal dispute resolution processes. Each independent review provider shall be accredited by the Utilization Review Accreditation Commission. When a licensee requests an independent informal dispute resolution process, the secretary shall choose one independent review provider from the approved panel to conduct the process.

            (4) The secretary shall refer the request to an independent review provider from the panel of certified independent review providers approved by the department within five working days of receipt of the written request for the independent informal dispute resolution process made by a licensee. The secretary shall vary the selection of the independent review providers on a rotating basis. The secretary shall acknowledge in writing to the licensee that the request for independent review has been received and forwarded to the independent review provider. The notice shall include the name and professional address of the independent review provider.

            (5) The independent review provider shall hold an independent informal dispute resolution conference, unless additional time is requested by either the licensee, the Department of Health and Human Resources or the independent review provider and approved by the secretary, within ten working days of receipt of the written request for the independent informal dispute resolution process made by a licensee. The licensee or the Department of Health and Human Resources may submit additional information before the independent informal dispute resolution conference.

            (6) Neither the secretary nor the licensee may be accompanied by counsel during the independent informal dispute resolution conference. The manner in which the independent informal dispute resolution conference is held is at the discretion of the licensee, but is limited to:

            (A) A review of written information submitted by the licensee;

            (B) A telephonic conference; or

            (C) A face-to-face conference held at a mutually agreed upon location.

            (7) If the independent review provider determines the need for additional information, clarification or discussion at the conclusion of the independent informal dispute resolution conference, the secretary and the licensee shall present the requested information.

            (8) The independent review provider shall make a determination within ten working days of receipt of any additional information as provided in subdivision (7) of this section or the conclusion of the independent informal dispute resolution conference, based upon the facts and findings presented, and shall transmit a written decision containing the rationale for its determination to the secretary.

            (9) If the secretary disagrees with the determination, the secretary may reject the determination made by the independent review provider and shall issue an order setting forth the rationale for the reversal of the independent review provider’s decision to the licensee within ten working days of receiving the independent review provider’s determination.

            (10) If the secretary accepts the determination, the secretary shall issue an order affirming the independent review provider’s determination within ten working days of receiving the independent review provider’s determination.

            (11) If the independent review provider determines that the original statement of deficiencies should be changed as a result of the independent informal dispute resolution process and the secretary accepts the determination, the secretary shall transmit a revised statement of deficiencies to the licensee within ten working days of the independent review provider’s determination.

            (12) The licensee shall submit a revised plan to correct any remaining deficiencies to the secretary within ten working days of receipt of the secretary’s order and the revised statement of deficiencies.

            (d) Under the following circumstances, the licensee is responsible for certain costs of the independent informal dispute resolution review, which shall be remitted to the secretary within sixty days of the informal conference order:

            (1) If the licensee requests a face-to-face conference, the licensee shall pay any costs incurred by the independent review provider that exceed the cost of a telephonic conference, regardless of which party ultimately prevails;

            (2) If the independent review provider’s decision supports the entirety of the originally written contested deficiency or adverse action taken by the secretary, the licensee shall reimburse the secretary for the cost charged by the independent review provider; or

            (3) If the independent review provider’s decision supports some of the originally written contested deficiencies, but not all of them, the licensee shall reimburse the secretary for the cost charged by the independent review provider on a pro-rata basis as determined by the secretary.

            (e) Establishment of the independent informal dispute resolution process does not preclude licensees from utilizing other informal dispute resolution processes provided by statute or rule in lieu of the independent informal dispute resolution process.

            (f) Administrative and judicial review of a decision rendered through the independent informal dispute resolution process may be made in accordance with article five, chapter twenty-nine-a of this code.

            (g) Any decision issued by the secretary as a result of the independent informal dispute resolution process shall be made effective from the date of issuance.

            (h) The pendency of administrative or judicial review does not prevent the secretary or a licensee from obtaining injunctive relief as provided by statute or rule.”

            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. 305), 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, Raines and Walters.

             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. 4363) passed.

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

            A message from the Senate, by

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

            Com. Sub. for H. C. R. 9, The “Army S/SGT Raymond Lawrence Berry Memorial Bridge”,

            Com. Sub. for H. C. R. 20, The “Army Corporal William Eugene Shank Memorial Bridge”,

            H. C. R. 25, Urging the West Virginia Governor’s Office and the Senate and House Finance Committees to include sufficient funds in the budget to eliminate the wait list for the Aged and Disabled Waiver program,

            Com. Sub. for H. C. R. 39, Army LTC Robert “Bob” Marslender Bridge,

            Com. Sub. for H. C. R. 44, Carnie L. Spratt Memorial Bridge,

            Com. Sub. for H. C. R. 47, Army SFC Michael Joe “Joey” Marushia Memorial Bridge,

            Com. Sub. for H. C. R. 48, Corporal Tracy Thurman Walls Memorial Bridge,

            H. C. R. 57, Providing for the licensing of adult day health centers that implement a hybrid model of care,

            Com. Sub. for H. C. R. 63, Army SPC Gary Wayne Hudnall Memorial Bridge,

            Com. Sub. for H. C. R. 74, Deputy Roger Lee Treadway Memorial Bridge,

            And,

            H. C. R. 107, William Dakota “Kody” Faine Memorial Bridge.

            A message from the Senate, by

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

            S. B. 209, Allowing special needs students to participate in graduation ceremonies.

            A message from the Senate, by

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

            S. B. 457, Requiring programs for temporarily detained inmates in regional jails.

            A message from the Senate, by

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

            S. B. 483, Renaming administrative heads of Potomac campus of WVU and WVU Institute of Technology.

            A message from the Senate, by

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

            Com. Sub. for S. B. 603, Relating to testing for presence of methane in underground mines.

            A message from the Senate, by

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

            Com. Sub. for S. C. R. 72 - “Requesting the Division of Highways to name bridge number 24-16-13.39 (24A107) on Route 16 in War, McDowell County, West Virginia, the ‘U. S. Army SFC Anthony Barton Memorial Bridge’.”

            Whereas, Anthony Barton was born in Bluefield, West Virginia, on April 25, 1980; and

            Whereas, Anthony Barton graduated from Big Creek High School in War, West Virginia, where he was co-valedictorian of the class of 1998 and excelled in football and wrestling. He subsequently received an organizational leadership degree from Mountain State University; and

            Whereas, SFC Anthony Barton served in the West Virginia Army National Guard from December, 2001 until his death in 2012; and

            Whereas, SFC Anthony Barton served fourteen months in Iraq with the West Virginia Army National Guard as a military police officer during Operation Iraqi Freedom; and

            Whereas, SFC Anthony Barton was a highly decorated soldier who received numerous awards and medals for his service, including the Meritorious Service Medal (Posthumous), Army Commendation Medal with Oak Leaf Cluster, Army Achievement Medal, Army Reserve Component Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Reserve Medal with M Device, NCO Professional Development Ribbon with Numeral 2, Army Service Ribbon, Combat Action Badge, Meritorious Unit Citation, Joint Meritorious Unit Award, West Virginia Emergency Service Ribbon with 2 Oakleaf Clusters, West Virginia State Service Ribbon with 2 Oak Leaf Clusters, West Virginia Service Ribbon and Shoulder Sleeve Insignia For Wartime Service — 101st Airborne and 15th MP Brigade; and

            Whereas, SFC Anthony Barton also served the state’s citizenry on many occasions as a member of the West Virginia National Guard when he assisted during severe flooding, major snowstorms and other state emergencies; and

            Whereas, SFC Anthony Barton was a certified police officer who graduated from the West Virginia State Police Academy, and he served as a McDowell County deputy sheriff and as a police officer with the Town of War while serving in the West Virginia National Guard; and

            Whereas, SFC Anthony Barton Anthony also enjoyed riding his Harley and playing guitar, and he was actively involved in the New Testament Christian Church where he played guitar; and

            Whereas, SFC Anthony Barton Anthony suffered from post traumatic stress disorder (PTSD) resulting from the highly stressful conditions of his deployment in Iraq; and

            Whereas, Sadly, SFC Anthony Barton Anthony lost his battle with PTSD on December 26, 2012; and

            Whereas, SFC Anthony Barton is survived by his spouse, Jessica Barton; children, James Tanner Beckett and Jared Ray Barton; parents, Donald and Mary Barton; sister, Tara Adkins, and her husband, Matthew; grandparents, Clinton and Delores Tyree; four nephews, Michael Anthony and Andrew Reid Adkins, Declan Patrick O’Neil and Bodhi Jasper Hines; and numerous aunts and uncles and other family and friends; and

            Whereas, It is only fitting that we honor the life of SFC Anthony Barton by naming this bridge in his memory as a lasting tribute to his dedicated service and sacrifice on behalf of his country, state and community; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 24-16-13.39 (24A107) on Route 16 in War, McDowell County, West Virginia, the “U. S. Army SFC Anthony Barton Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U. S. Army SFC Anthony Barton Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and to the family of Anthony Barton.

            A message from the Senate, by

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

            Com. Sub. for S. C. R. 73 - “Requesting the Division of Highways to name bridge number 41-77-42.30 (41A226), carrying northbound traffic on U. S. I-77 over the West Virginia Route 16 Connector, at the South Beckley exit of the West Virginia Turnpike in Raleigh County, West Virginia, the ‘U. S. Army PFC Arland W. Hatcher Memorial Bridge’.”

            Whereas, Arland W. Hatcher was born in Fitzpatrick, Raleigh County, West Virginia, February 2, 1924; and

            Whereas, Arland W. Hatcher married Rachael Walker in Beckley, West Virginia, November 5, 1942, and the couple raised five children; and

            Whereas, Arland W. Hatcher entered the United States Army and served in the 37th Infantry as a combat military policeman during World War II; and

            Whereas, Arland W. Hatcher’s duties included service at New Caledonia, Guadalcanal, Bougainville, Luzon the Philippines and Japan; and

            Whereas, Arland W. Hatcher’s military duties at one time included protecting General Douglas MacArthur and the General’s home in the Philippines; and

            Whereas, Following the war, Arland W. Hatcher worked in Ohio and enjoyed such hobbies as working with wood, camping and golfing; and

            Whereas, Arland W. Hatcher died April 7, 2005; and

            Whereas, It is fitting that an enduring structure commemorate Arland W. Hatcher’s service to his country during World War II; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 41-77-42.30 (41A226), carrying northbound traffic on U. S. I-77 over the West Virginia Route 16 Connector, at the South Beckley exit of the West Virginia Turnpike in Raleigh County, West Virginia, the “U. S. Army PFC Arland W. Hatcher 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 to be the “U. S. Army PFC Arland W. Hatcher Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.

Resolutions Introduced

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

            H. C. R. 129 - “Requesting the Joint Committee on Government and Finance study the feasibility of expansion of all forms of pari-mutuel wagering, including advanced deposit wagering, in the state.”

            Whereas, Thoroughbred racing and the related infrastructure of small businesses including horse breeders, horse trainers, veterinarians, farmers and related agriculture are vital to the economy of West Virginia. The continuing vitality of thoroughbred racing is essential to racetracks and casinos located within West Virginia and to the revenues received by West Virginia from lawful gaming, which revenues provide substantial support to, among other things, schools and education, West Virginia’s seniors and tourism and state parks; and

            Whereas, Pari-mutuel wagering provides a significant source of revenue to West Virginia, which revenues are vital to supporting the substantial public policies of West Virginia. The various forms of pari-mutuel wagering, and the pari-mutuel systems through pari-mutuel wagering is accomplished, are rapidly evolving and other states are realizing significant revenues from forms of pari-mutuel wagering not currently utilized in West Virginia such as advanced deposit wagering; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is requested to study the feasibility of expansion of all forms of pari-mutuel wagering, including advanced deposit wagering, in the state; and, be it

            Further Resolved, That the interim study shall include participation by members of the West Virginia Racing Commission, West Virginia Racing Associations, West Virginia Horsemen’s Benevolent Protective Associations, West Virginia Thoroughbred Breeders Association, West Virginia Greyhound Owners and Breeders Association and West Virginia University Bureau of Business and Economic Research; and, be it

            Further Resolved, That the study required by this resolution shall begin on July 1, 2014, and the researchers shall submit study progress reports, with preliminary findings as these occur, to the Cabinet Secretary of the Department of Revenue on a quarterly basis. The secretary shall submit reports to the Joint Committee on Government and Finance beginning on December 1, 2014, and every six months thereafter, until the study is completed and a final report submitted; 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.

            Delegates Caputo, Fleischauer, Barill, Fragale, Hunt, Longstreth, Manchin, Manypenny, Marshall, Moore, L. Phillips, Walker and Ellem offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 130 - “Requesting the Joint Committee on Government and Finance study the issue of implementing the recommendations laid out in the Miners’ Safety Report submitted by the Director of the Office of Miners’ Health, Safety and Training on December 31, 2013”.

            Whereas, West Virginia is the largest coal producing state east of the Mississippi River; and

            Whereas, Coal mining has a rich history in West Virginia and makes up a significant portion of the state’s economy; and

            Whereas, The safety of West Virginia coal miners is of significant concern to the Legislature; and

            Whereas, West Virginia has repeatedly had the highest coal mine fatality and accident totals in the country; and

            Whereas, In 2010, twenty-nine miners tragically lost their lives in an explosion at the Upper Big Branch mine in Raleigh County, the worst mining disaster since 1970; and

            Whereas, In response to this tragic event, the Legislature enacted a major mine safety law, including a requirement that the Director of the Office of Miners’ Health, Safety and Training submit a report to the Legislature on needed revisions in mine health and safety enforcement in West Virginia; and

            Whereas, On December 31, 2013 this report was submitted and includes a number of suggested reforms including recommended legislation, rules and policies; and

            Whereas, The adoption of these recommendations is of great potential significance to West Virginia as a method of developing administrative procedures that cause remediation of hazardous working conditions and therefore the continued safety of coal miners; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the issue of implementing the recommendations laid out in the Miners’ Safety Report submitted by the Director of the Office of Miners’ Health, Safety and Training in order to ensure the safety of West Virginia coal miners by providing them with a safer working environment; 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 draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

            Delegates Barill, Eldridge, Moye, Morgan, Stephens, Campbell, Hartman, Sponaugle, Lynch, Skaff, Poore, Wells, Craig, Guthrie, Lawrence, Marshall, Perry, L. Phillips, R. Phillips, M. Poling, Skinner, Tomblin, Walker and Young offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 131 - “Requesting the Joint Committee on Government and Finance to study increasing the criminal penalties for damage to a cemetery or graveyard.”

            Whereas, The current West Virginia Code provides that any person who intentionally desecrates any tomb, plot, monument, memorial, or marker in a cemetery, or any property in a cemetery, graveyard, mausoleum or other designated human burial site is guilty of a misdemeanor, and, upon conviction, shall be fined not more than $2,000 or confined in jail not more than one year, or both fined and confined; and

            Whereas, Currently there exists a sentiment that those penalties should be increased by making it a felony, providing that a fine up to $10,000 be imposed or the person convicted be confined in a state correctional facility for up to five years, or both fined and confined; and

            Whereas, The increase in the penalties could have an increased deterrent effect of damaging family and community cemeteries and graveyards; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance study increasing the criminal penalties for damage to a cemetery or graveyard; 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.

            Delegates Skinner, Jones, Espinosa, Poore, Wells, Guthrie, Hunt, McCuskey, Walters, Swartzmiller, Diserio, Ferro, Andes, Householder, Storch, Barrett, Lane and Ferns offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 132 - “Requesting that the Joint Committee on Government and Finance authorize a study on the iLottery and iGaming industries and other casino-based electronic betting in an effort to provide West Virginians with additional lottery game choices, and to improve the competitiveness of West Virginia lottery licensees.”

            Whereas, iLottery is the sale of traditional lottery products on the Internet; and

            Whereas, iGaming is interactive casino games including, but not limited to, Internet poker, blackjack, roulette and slots that are offered on an Internet platform or via mobile device; and

            Whereas, Sports betting is the activity of predicting sports results and placing a wager on the outcome; and

            Whereas, Providing a lottery game in which the player’s interaction with the game occurs over the Internet through a website or network would give West Virginians more convenient ways to play and thereby enhance the offerings of the West Virginia lottery; and

            Whereas, In authorizing the use of Internet for certain lottery games, it is the further purpose of this Legislature to expand access to certain lottery games by offering them on the Internet in a well-regulated and secure system designed to create a positive customer experience that limits access to minors, those with gambling problems and other who should not be gaming; and

            Whereas, The States of Georgia, Minnesota, Michigan and Illinois already have iLottery; and

            Whereas, The States of New Jersey, Nevada and Delaware have tied licensing structure to land based casinos already regulated; therefore; be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on the Judiciary is hereby requested to study the iLottery and iGaming industries and other casino-based electronic betting in an effort to improve the competitiveness of the West Virginia lottery; 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.

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

            H. C. R. 133 - “Requesting the Joint Committee on Government and Finance study the impact upon property rights of owners whose residences are being mandated to connect to public sewer systems, including, but not limited to, comparing findings across West Virginia to examine the need for standards regarding conflicts between private property owners and public service districts, examining the feasibility of implementing a dispute resolution process, examining the appointment and oversight of public service district board members and examining the Public Service District Sewer Ordinances of Jefferson County as potential model standards.”

            Whereas, The Legislature recognizes the paramount importance of private property as one of our essential rights; and

            Whereas, The Legislature and the courts of West Virginia agree that this important right should be protected; and

            Whereas, The Legislature recognizes that private property rights may only yield to an overwhelming public need; and

            Whereas, The Legislature has recently been reminded of the need for diverse water supplies and waste services; and

            Whereas, The Legislature seeks to address the need to bring the procedures of mandatory subscription to sewer services in line with best practices in order to achieve maximal results for our children and families; and

            Whereas, A greater benefit would accrue to the public if the issues surrounding private property rights and public sewer systems were examined; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance study the impact upon property rights of owners whose residences are being mandated to connect to public sewer systems, including, but not limited to, comparing findings across West Virginia to examine the need for standards regarding conflicts between private property owners and public service districts, examining the feasibility of implementing a dispute resolution process, examining the appointment and oversight of public service district board members and examining the Public Service District Sewer Ordinances of Jefferson County as potential model standards; and, be it

            Further Resolved, That the Joint Committee on Government and Finance may consider other information and documentation in order to achieve the goals of this resolution; and, be it

            Further Resolved, That the Joint Committee on Government and Finance submit its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations, to the Legislature at the beginning of the 2015 Regular Legislative Session; and, be it

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

Daily Calendar

Third Reading

            S. B. 3, Creating Uniform Real Property Transfer on Death 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. 306), 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, Raines and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 3) passed.

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

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

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 307), and there were--yeas 74, nays 21, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Ambler, Anderson, Andes, Arvon, Border, Butler, Cadle, Espinosa, Faircloth, Folk, Frich, Gearheart, Hamilton, Householder, Howell, Kump, Lane, McCuskey, O’Neal, Overington and R. Smith.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 133) passed.

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

            On this question, the yeas and nays were taken (Roll No. 308), and there were--yeas 78, nays 16, absent and not voting 6, with the nays and absent and not voting being as follows:

            Nays: Arvon, Border, Butler, Cadle, Espinosa, Faircloth, Folk, Frich, Gearheart, Householder, Howell, Kump, O’Neal, Overington, Shott and R. Smith.

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

            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. 133) 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. 155, Authorizing DHHR promulgate legislative rules; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 309), and there were--yeas 80, nays 15, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Andes, Ashley, Espinosa, Faircloth, Folk, Frich, Gearheart, Householder, Howell, Kump, Lane, Overington, R. Smith, Sobonya and Storch.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 155) passed.

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

            On this question, the yeas and nays were taken (Roll No. 310), and there were--yeas 80, nays 15, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Andes, Espinosa, Faircloth, Folk, Frich, Gearheart, Householder, Howell, Kump, Overington, Shott, R. Smith, Sobonya, Storch and Westfall.

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

            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. 155) takes effect from its passage.

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

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

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 311), and there were--yeas 90, nays 5, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Andes, Howell, Kump, Lane and R. Smith.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 165) passed.

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

            On this question, the yeas and nays were taken (Roll No. 312), and there were--yeas 89, nays 6, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Folk, Gearheart, Howell, Kump, Shott and R. Smith.

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

            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. 165) 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. 167, Authorizing Department of Revenue promulgate legislative rules; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 313), and there were--yeas 61, nays 34, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Andes, Armstead, Arvon, Border, Butler, Cadle, Cooper, Cowles, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Folk, Frich, Gearheart, Hamilton, Hamrick, Householder, Howell, Ireland, Kump, Lane, McCuskey, Miller, O’Neal, Overington, Rowan, Shott, R. Smith, Sobonya, Storch, Sumner and Westfall.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 167) passed.

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

            On this question, the yeas and nays were taken (Roll No. 314), and there were--yeas 65, nays 30, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Andes, Armstead, Arvon, Border, Butler, Cadle, Cooper, Cowles, Ellington, Espinosa, A. Evans, Faircloth, Folk, Frich, Gearheart, Hamrick, Householder, Howell, Ireland, Kump, Miller, O’Neal, Overington, Rowan, Shott, R. Smith, Sobonya, Storch, Sumner and Westfall.

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

            So, two thirds of the members elected to the House of Delegates not having voted in the affirmative, the Speaker declared the motion that the bill (Com. Sub. for S. B. 167) take effect from its passage rejected.

            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. 181, Authorizing Department of Administration promulgate legislative rules; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 315), and there were--yeas 92, nays 3, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Andes, Howell and Lane.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 181) passed.

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

            On this question, the yeas and nays were taken (Roll No. 316), and there were--yeas 90, nays 5, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Faircloth, Folk, Gearheart, Howell and Shott.

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

            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. 181) takes effect from its passage.

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

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

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 317), 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, Howell, Kump and Lane.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 196) passed.

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

            On this question, the yeas and nays were taken (Roll No. 318), and there were--yeas 89, nays 6, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Faircloth, Folk, Gearheart, Howell, Kump and Shott.

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

            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. 196) takes effect from its passage.

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

            S. B. 202, Creating Benefit Corporation 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. 319), and there were--yeas 60, nays 34, absent and not voting 6, with the nays and absent and not voting being as follows:

            Nays: Ambler, Andes, Armstead, Arvon, Barker, Border, Butler, Cadle, Campbell, Cooper, Cowles, Craig, Espinosa, A. Evans, Faircloth, Folk, Gearheart, Hamrick, Hartman, Householder, Howell, Ireland, McCuskey, Miller, E. Nelson, O’Neal, Overington, R. Phillips, Romine, R. Smith, Sobonya, Sumner, Tomblin and Westfall.

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, L. Phillips, Raines and Walters.

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

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

            On this question, the yeas and nays were taken (Roll No. 320), and there were--yeas 70, nays 24, absent and not voting 6, with the nays and absent and not voting being as follows:

            Nays: Ambler, Armstead, Arvon, Border, Butler, Cadle, Cooper, Ellington, Espinosa, Faircloth, Folk, Gearheart, Hamrick, Householder, Howell, Ireland, McCuskey, Miller, E. Nelson, Overington, R. Smith, Sobonya, Sumner and Westfall.

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, L. Phillips, Raines and Walters.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 202) takes effect July 1, 2014.

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

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

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 321), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Howell.

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, L. Phillips, Raines and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 252) passed.

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

            Com. Sub. for S. B. 252 - “A Bill to amend and reenact §18A-5-1a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18A-5-1d, all relating to allowing a school expulsion period to be reduced for certain student participants in Juvenile Drug Court; specifying individuals who may refer an expelled student to Juvenile Drug Court; designating responsibilities of Juvenile Drug Court, judge and treatment team of Juvenile Drug Court, county superintendent and Student Assistance Team; granting Juvenile Drug Court jurisdiction over certain students; providing that successful completion or satisfactory progress toward successful completion of Juvenile Drug Court warrants consideration for reduced expulsion period; recommendations and determinations regarding expulsion period reduction; providing for reinstatement of students in school; and prohibiting reduced expulsion period when student brings a firearm to or possesses a firearm in a school.”

            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. 356, Relating to purchasing reforms; 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. 322), and there were--yeas 89, nays 6, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Barker, Gearheart, Marcum, R. Phillips, Shott and Tomblin.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 356) passed.

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

            Com. Sub. for S.B. 356 - “A Bill to amend and reenact §5A-1-1 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5A-1-10; to amend and reenact §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; to amend said code by adding thereto three new sections, designated §5A-3-10d, §5A-3-10e and §5A-3-60; and to amend and reenact §12-3-10d of said code, all relating generally to purchasing; revising definitions; eliminating definitions; defining terms; requiring state spending units purchase commodities and services on a competitive basis where possible; authorizing the Secretary of the Department of Administration to issue a notice to cease and desist when purchases are not made on a competitive basis; clarifying the purposes and policies of the Purchasing Division; clarifying the applicability of the article; clarifying that procurements must include adequate specifications and descriptions; clarifying the powers and duties of the Director of Purchasing; authorizing the Director of Purchasing to issue a notice to cease and desist when purchases are not made on a competitive basis; ensuring the purchasing requirements apply to services and commodities; authorizing reverse auctions for purchasing commodities; permitting third-party vendors to administer reverse auctions; affording the Director of the Purchasing Division rule-making authority to implement reverse auctions; authorizing master contracts and the direct order process for the direct procurement of certain commodities; defining additional terms; requiring approval of the Director of the Purchasing Division for master contracts; setting forth direct order requirements and procedures; authorizing direct order of commodities in certain amounts; permitting direct order of certain commodities in excess of statutory amount with the written approval of the Director of Purchasing; affording the Director of the Purchasing Division rule-making authority to establish procedures regarding master contracts, preapproval, the direct ordering process and related matters; clarifying circumstances in which grants are exempt from competitive bidding requirements; imposing personal liability upon spending officers and other responsible individuals who have knowingly and willfully violated competitive bidding requirements; creating felony offense for acting alone to undermine competition; requiring certain executive department officials to attend annual training on purchasing procedures; adjusting the percentage rebate moneys transferred to the Purchasing Improvement Fund; adjusting the percentage of rebate moneys transferred to the Hatfield-McCoy Regional Recreation Authority; transferring ten percent of rebate moneys to the State Park Operating Fund; and making technical corrections.”

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

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 323), and there were--yeas 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, Raines and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 357) passed.

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

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

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 324), and there were--yeas 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, Raines and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 383) passed.

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

            On this question, the yeas and nays were taken (Roll No. 325), 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, Raines and Walters.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 383) takes effect July 1, 2014.

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

            S. B. 403, Regulating importation and possession of certain injurious aquatic species;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. 326), 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, Raines and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 403) passed.

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

            Com. Sub. for S. B. 414, Redirecting nonprobate appraisement filings; 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. 327), 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, Raines and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 414) passed.

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

            Com. Sub. for S. B. 414 - “A Bill to amend and reenact §11-11-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §44-1-14 of said code, all relating to the filing of estate appraisement and nonprobate inventory forms; eliminating certain filing with the Tax Commissioner; providing for maintenance and preservation of certain forms by the county clerk; providing for disclosure of certain forms under certain circumstances; and providing for confidentiality of certain forms under certain circumstances.”

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

            On this question, the yeas and nays were taken (Roll No. 328), 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, Raines and Walters.

            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. 414) 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. 431, Relating to issuance and renewal of certain driver’s licenses and federal ID cards; 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. 329), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 431) passed.

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

            Com. Sub. for S. B. 434, Eliminating revocation period for certain DUI offenders; 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. 330), and there were--yeas 79, nays 16, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Andes, Armstead, Arvon, Butler, Espinosa, Faircloth, Householder, Howell, Kinsey, Kump, Lane, McCuskey, O’Neal, R. Smith, Sobonya and Sumner.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 434) 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. 454, Defining dam “owner”; 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. 331), 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, Raines and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 454) 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. 356, Relating to purchasing reform, still being in possession of the Clerk, was taken up for further consideration.

            On motion of Delegate Caputo, the House of Delegates then reconsidered the vote on the title amendment.

            On motion of Delegate Caputo, the House of Delegates reconsidered the vote on the passage of the bill.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 332), and there were--yeas 83, nays 11, absent and not voting 6, with the nays and absent and not voting being as follows:

            Nays: Barker, Cooper, Eldridge, Ellington, Gearheart, Kump, Marcum, O’Neal, R. Phillips, Shott and Tomblin.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com Sub. for S. B. 356) passed.

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

            Com. Sub. for S. B. 356 - “A Bill to amend and reenact §5A-1-1 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5A-1-10; to amend and reenact §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; to amend said code by adding thereto three new sections, designated §5A-3-10d, §5A-3-10e and §5A-3-60; and to amend and reenact §12-3-10d of said code, all relating generally to purchasing; revising definitions; eliminating definitions; defining terms; requiring state spending units purchase commodities and services on a competitive basis where possible; authorizing the Secretary of the Department of Administration to issue a notice to cease and desist when purchases are not made on a competitive basis; clarifying the purposes and policies of the Purchasing Division; clarifying the applicability of the article; clarifying that procurements must include adequate specifications and descriptions; clarifying the powers and duties of the Director of Purchasing; authorizing the Director of Purchasing to issue a notice to cease and desist when purchases are not made on a competitive basis; ensuring the purchasing requirements apply to services and commodities; authorizing reverse auctions for purchasing commodities; permitting third-party vendors to administer reverse auctions; affording the Director of the Purchasing Division rule-making authority to implement reverse auctions; authorizing master contracts and the direct order process for the direct procurement of certain commodities; defining additional terms; requiring approval of the Director of the Purchasing Division for master contracts; setting forth direct order requirements and procedures; authorizing direct order of commodities in certain amounts; permitting direct order of certain commodities in excess of statutory amount with the written approval of the Director of Purchasing; affording the Director of the Purchasing Division rule-making authority to establish procedures regarding master contracts, preapproval, the direct ordering process and related matters; clarifying circumstances in which grants are exempt from competitive bidding requirements; imposing personal liability upon spending officers and other responsible individuals who have knowingly and willfully violated competitive bidding requirements; creating felony offense for acting alone to undermine competition; requiring certain executive department officials to attend annual training on purchasing procedures; adjusting the percentage rebate moneys transferred to the Purchasing Improvement Fund; adjusting the percentage of rebate moneys transferred to the Hatfield-McCoy Regional Recreation Authority; transferring ten percent of rebate moneys to the State Park Operating Fund; and making technical corrections.”

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

            Com. Sub. for S. B. 477, Providing teachers determine use of time during planning period; 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. 333), and there were--yeas 86, nays 3, absent and not voting 11, with the nays and absent and not voting being as follows:

            Nays: Andes, Espinosa and Howell.

            Absent and Not Voting: Barill, Fleischauer, Gearheart, Householder, Jones, Longstreth, Manchin, J. Nelson, Paxton, Raines and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 477) passed.

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

            Com. Sub. for S. B. 477 - “A Bill to amend and reenact §18A-4-14 of the Code of West Virginia, 1931, as amended, relating to daily planning periods for certain school employees; providing that teachers determine the use of time of a planning period; prohibiting requiring teacher to attend meetings, training or work related event during planning period; and setting forth when a planning period begins.”

            On motion of Delegate Caputo, the House of Delegates then reconsidered the vote on the committee title amendment.

            On motion of Delegate Morgan, the vote on the passage of the bill was reconsidered.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 334), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 477) passed.

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

            Com. Sub. for S. B. 477 - “A Bill to amend and reenact §18A-4-14 of the Code of West Virginia, 1931, as amended, relating to daily planning periods for certain school employees; providing that teachers determine the use of time of a planning period; prohibiting requiring teacher to attend meetings, training or work related event during planning period; and setting forth when a planning period begins.”

            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. 507, Relating to Board of Barbers and Cosmetologists; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 335), and there were--yeas 88, nays 5, absent and not voting 7, with the nays and absent and not voting being as follows:

            Nays: Andes, Cowles, Gearheart, Howell and Lane.

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Pino, Raines, Romine and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com Sub. for S. B. 507) passed.

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

            On this question, the yeas and nays were taken (Roll No. 336), and there were--yeas 90, nays 3, absent and not voting 7, with the nays and absent and not voting being as follows:

            Nays: Cowles, Gearheart and Howell.

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Pino, Raines, Romine and Walters.

            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. 507) 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. 523, Providing for additional state veterans skilled nursing facility in Beckley; 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. 337), 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, Raines, and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com Sub. for S. B. 523) passed.

            An amendment to the title of the bill, recommended by the Committee on Veterans’ Affairs and Homeland Security, was reported by the Clerk and adopted, amending the title to read as follows:

            Com. Sub. for S. B. 523 - “A Bill to amend and reenact §9A-1-10 of the Code of West Virginia, 1931, as amended; to amend and reenact §16-1B-1 of said code; and to amend and reenact §19-1-4 of said code, all relating to the authority of the Secretary of the Department of Veterans’ Assistance; authorizing the Secretary of the Department of Veterans’ Assistance and the Commissioner of the Department of Agriculture to enter into an agreement to transfer certain property for construction of a veterans skilled nursing facility; removing outdated language; providing additional powers to the Secretary of Department of Veteran’s Assistance; authorizing the Secretary to award grants to provide transportation for veterans; and making legislative findings.”

            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. 574, Clarifying mobile home permanently attached to real estate is not personal property under certain conditions; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 338), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Lynch.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com Sub. for S. B. 574) passed.

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

            On this question, the yeas and nays were taken (Roll No. 339), 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, Raines and Walters.

            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. 574) takes effect from its passage.

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

            Com. Sub. for S. B. 621, Authorizing insurers offer flood 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. 340), and there were--yeas 86, nays 8, absent and not voting 6, with the nays and absent and not voting being as follows:

            Nays: Ellington, Faircloth, Hamrick, Householder, Howell, Ireland, Overington and R. Smith.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com Sub. for S. B. 621) passed.

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

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

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 341), and there were--yeas 95, nays none, absent and not voting 5, with the nays and absent and not voting being as follows:

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com Sub. for S. B. 623) passed.

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

            On this question, the yeas and nays were taken (Roll No. 342), 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, Raines and Walters.

            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. 623) takes effect from its passage.

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

            At 2:00 p.m., on motion of Delegate White, the House of Delegates recessed until 4:30 p.m., and reconvened at that time.

Miscellaneous Business

            Delegate Ashley addressed the House regarding Com. Sub. for S. B. 621, Authorizing insurers offer flood insurance, and at the conclusion thereof, Delegate Frich asked and obtained unanimous consent that his remarks be printed in the Appendix to the Journal.

            Delegates Manchin and Westfall also addressed the House regarding Com. Sub. for S. B. 621 and at the conclusion thereof, Delegate Sobonya asked and obtained unanimous consent that their remarks be printed in the Appendix to the Journal.

            Delegate Sumner addressed the House regarding Com. Sub. for S. B. 523, Providing for additional state veterans skilled nursing facility in Beckley, and at the conclusion thereof, Delegate Border asked and obtained unanimous consent that her remarks be printed in the Appendix to the Journal.

            Delegate Moye addressed the House regarding Com. Sub. for S. B. 477, Providing teachers determine use of time during planning period, and at the conclusion thereof, Delegate Eldridge asked and obtained unanimous consent that his remarks be printed in the Appendix to the Journal.

            Delegates Campbell, Fragale, M. Poling and Young also addressed the House regarding Com. Sub. for S. B. 477, and at the conclusion thereof, Delegate Caputo asked and obtained unanimous consent that their remarks be printed in the Appendix to the Journal.

            Delegate L. Phillips noted to the Clerk that she was absent when the votes were taken on Roll Nos. 319 and 320, and that had she been present, she would have voted “Yea” thereon.

* * * * * * *

Afternoon Session

* * * * * * *

Reordering of the Calendar

            Delegate White then announced that the Committee on Rules had transferred S. B. 365, on second reading, House Calendar, to the Daily Calendar.

Daily Calendar

Third Reading

-Continued-

            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 third reading, coming up in regular order, with amendments pending and the restricted right to amend by Delegate Boggs, was reported by the Clerk.

            Delegate Armstead moved to amend the bill, on page on page forty-eight, item 35, line sixty, by striking out the period and inserting in lieu thereof the following:

            : Provided, That any unencumbered balances in Local Economic Development Assistance (fund 0256, appropriation 81900) shall be allocated for local economic development assistance based upon a formula whereby the funding assistance is distributed in each senatorial and delegate district according to the following: fifty percent of the funds shall be distributed equally among the seventeen senatorial districts and fifty percent of the funds shall be distributed among the sixty-seven delegate districts by distributing the sum of one percent of the said fifty percent per each delegate seat in each district.”

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

            The yeas and nays having been ordered, they were taken (Roll No. 343), and there were--yeas 45, nays 51, absent and not voting 4, with the yeas and absent and not voting being as follows:

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

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

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

            Delegates Gearheart and Householder moved to amend the amendment on page forty-seven, item thirty-five, after line thirty-seven, by striking out “4,688,940” and inserting in lieu thereof “0”.

            On page forty-eight, item 35, after line sixty, by inserting a new paragraph to read as follows:

            “From the remaining balances in Local Economic Development Assistance fund 0256, appropriation 81900, fiscal year 2008 ($785,034) shall expire on July 1, 2014 to unappropriated balance in State Fund General Revenue.”

            And,

            On page one hundred seventy-three, item 294, after line twenty, by inserting a new paragraph to read as follows:

            “From the above appropriation to Senior Citizens Centers and Programs (appropriation 46200) shall expire on July 1, 2014 to unappropriated balance in State Fund General Revenue.”

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

            The yeas and nays having been ordered, they were taken (Roll No. 344), and there were--yeas 48, nays 48, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Miley, Barker, Barrett, Boggs, Campbell, Caputo, Craig, Diserio, Eldridge, Ferro, Fragale, Guthrie, Hartman, Hunt, Iaquinta, Jones, Kinsey, Lawrence, Lynch, Manchin, Manypenny, Marcum, Marshall, Moore, Morgan, Moye, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pino, D. Poling, M. Poling, Reynolds, Skaff, Skinner, P. Smith, Sponaugle, Staggers, Stephens, Swartzmiller, Tomblin, Walker, Wells, White, Williams and Young.

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

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

            Delegates Gearheart and Householder move to amend the bill on page one hundred forty-three, item 141, following line six, by inserting the following language:

            “From the above appropriation for Current Expenses (fund 1617, appropriation 1300), $370,272 shall be reverted to the General Revenue Fund for expenditure.”

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

            The yeas and nays having been ordered, they were taken (Roll No. 345), and there were--yeas 22, nays 73, absent and not voting 5, with the yeas and absent and not voting being as follows:

            Yeas: Anderson, Andes, Arvon, Azinger, Cadle, Cooper, Cowles, Ellington, A. Evans, D. Evans, Faircloth, Folk, Gearheart, Hamilton, Householder, Howell, Kump, Overington, Romine, Rowan, Shott and Storch.

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

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

            On motion of Delegate White, the bill then was laid over.

Second ReadingCom. 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; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. J. R. 14, Proposing constitutional amendment designated Future Fund Amendment; on second reading, coming up in regular order, was read a second time.

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

            Com. Sub. for S. B. 6, Regulating sale of drug products used in manufacture of methamphetamine; 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 three, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following language:

            “That §60A-10-4, §60A-10-6 and §60A-10-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 10. METHAMPHETAMINE LABORATORY ERADICATION ACT.

§60A-10-4. Purchase, receipt, acquisition and possession of substances to be used as precursor to manufacture of methamphetamine or another controlled substance; offenses; exceptions; penalties.

            (a) A pharmacy may not sell, transfer or dispense to the same person, and a person may not purchase more than three and six-tenths grams per day, more than seven and two-tenths grams in a thirty-day period or more than forty-eight twenty-four grams annually of ephedrine, pseudoephedrine or phenylpropanolamine without a prescription. The limits shall apply to the total amount of ephedrine, pseudoephedrine and phenylpropanolamine contained in the products, and not the overall weight of the products.

            (1) Any person who or knowingly purchases, receives or otherwise possesses more than seven and two-tenths grams in a thirty-day period of ephedrine, pseudoephedrine or phenylpropanolamine in any form without a prescription is guilty of a misdemeanor and, upon conviction, shall be confined in a jail for not more than one year, fined not more than $1,000, or both fined and confined. within any thirty-day period knowingly purchases, receives or otherwise possesses more than three packages of a drug product containing as its single active ingredient ephedrine, pseudoephedrine or phenylpropanolamine or more than nine grams of ephedrine, pseudoephedrine or phenylpropanolamine in any form shall be guilty of a misdemeanor and, upon conviction, shall be confined in a jail for not more than one year, fined not more than $1,000, or both.

            (2) Any person who knowingly purchases, receives or otherwise possesses ephedrine, pseudoephedrine or phenylpropanolamine in any form with the intent to transfer the substance to someone that the person knows or should know will use the substance to manufacture methamphetamine is guilty of a misdemeanor and, upon conviction, shall be confined in a jail for not more than one year, fined not more than $1,000, or both fined and confined.

            (3) A person is required to obtain a valid prescription prior to obtaining products containing ephedrine, pseudoephedrine or phenylpropanolamine if that person has been:

            (A) Convicted of an offense which includes the use, possession or distribution of a drug as an element of the offense; or

            (B) Convicted of a violation of this section, or an equivalent statute in another jurisdiction.

            (4) Any pharmacy, wholesaler or other entity operating the retail establishment which sells, transfers or dispenses a product in violation of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000 for the first offense, or more than $10,000 for each subsequent offense.

            (5) Beginning on January 1, 2015, the electronic transmission of the information required to be reported in this subsection of this section on persons who have been convicted of an offense which includes the use, possession or distribution of a drug as an element of the offense; or convicted of a violation of this section, or an equivalent statute in another jurisdiction, shall be reported by the respective clerk of the circuit court where the conviction occurred, to the Multi-State Real-Time Tracking System described in section six of article ten of chapter sixty of this code, and shall be made in real time at the time of the transaction.

            (b) Notwithstanding the provisions of subdivision (a)(1) subsection (a) of this section, any person convicted of a second or subsequent violation of the provisions of said subdivision or a statute or ordinance of the United States or another state which contains the same essential elements is guilty of a felony and, upon conviction, shall be imprisoned in a state correctional facility for not less than one nor more than five years, fined not more than $25,000, or both imprisoned and fined.

            (c) The provisions of subsection (a) of this section shall not apply to:

            (1) Products dispensed pursuant to a valid prescription;

            (2) Drug products which are for pediatric use primarily intended for administration to children under the age of twelve;

            (3) Drug products containing ephedrine, pseudoephedrine or phenylpropanolamine, their salts or optical isomers or salts of optical isomers or other designated precursor which have been determined by the Board of Pharmacy to be in a form which is not feasible for being used for the manufacture of methamphetamine; or

            (4) Persons lawfully possessing drug products in their capacities as distributors, wholesalers, manufacturers, pharmacists, pharmacy interns, pharmacy technicians, or health care professionals.

            (d) Notwithstanding any provision of this code to the contrary, any person who knowingly possesses any amount of ephedrine, pseudoephedrine, phenylpropanolamine or other designated precursor with the intent to use it in the manufacture of methamphetamine, or any person who knowingly compensates, hires or provides other incentives for another person to purchase, obtain or transfer any amount of ephedrine, pseudoephedrine, phenylpropanolamine or other designated precursor with the intent to use it in the manufacture of methamphetamine, or who knowingly possesses a substance containing ephedrine, pseudoephedrine or phenylpropanolamine or their salts, optical isomers or salts of optical isomers in a state or form which is, or has been altered or converted from the state or form in which these chemicals are, or were, commercially distributed is guilty of a felony and, upon conviction, shall be imprisoned in a state correctional facility for not less than two nor more than ten years, fined not more than $25,000, or both imprisoned and fined.

            (e) (1) Any pharmacy, wholesaler, manufacturer or distributor of drug products containing ephedrine, pseudoephedrine, phenylpropanolamine, their salts or optical isomers or salts of optical isomers or other designated precursor shall obtain a registration annually from the State Board of Pharmacy as described in section six of this article. Any such pharmacy, wholesaler, manufacturer or distributor shall keep complete records of all sales and transactions as provided in section eight of this article. The records shall be gathered and maintained pursuant to legislative rule promulgated by the Board of Pharmacy.

            (2) Any drug products possessed without a registration as provided in this section are subject to forfeiture upon conviction for a violation of this section.

            (3) In addition to any administrative penalties provided by law, any violation of this subsection is a misdemeanor, punishable upon conviction by a fine in an amount not more than $10,000.

§60A-10-6. Registration to sell, manufacture or distribute products; rule-making authority.

            The State Board of Pharmacy shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to require that every wholesaler, manufacturer or distributor of any drug product containing as their single an active ingredient ephedrine or pseudoephedrine or a substance identified on the supplemental list provided for in section seven of this article shall obtain a registration and permit issued by the State Board of Pharmacy to sell, distribute or transfer the product containing as their single active ingredient ephedrine, pseudoephedrine or phenylpropanolamine.

§60A-10-7. Restricted products; rule-making authority.

            (a) On or before July 1, 2005, The Board of Pharmacy shall promulgate propose emergency and legislative rules pursuant to the provision of article three, chapter twenty-nine-a of this code to implement a program wherein the Board of Pharmacy shall consult with the Superintendent of the State Police in identifying drug products which are a designated precursor, in addition to those that contain ephedrine, pseudoephedrine or phenylpropanolamine, that are commonly being used in the production and distribution of methamphetamine. Those drug products which the Superintendent of the State Police have has demonstrated by empirical evidence are commonly used in the manufacture of methamphetamine shall be added to a supplemental list and shall be subject to all of the restrictions of this article. These Rules established pursuant to this section shall include:

            (1) A process whereby pharmacies are made aware of all drug products that contain as an active ingredient, ephedrine, pseudoephedrine and phenylpropanolamine that will be listed as a Schedule V substance; and must be sold, transferred or dispensed from behind a pharmacy counter;

            (2) A process whereby pharmacies and retail establishments are made aware of additional drug products added to Schedule V that are required to be placed behind the pharmacy counter for sale, transfer or distribution can be periodically reviewed and updated. Wholesale drug distributors licensed by the Board of Pharmacy and registered with, and regulated by, the United States Drug Enforcement Administration are exempt from storage, reporting, record keeping or physical security control requirements for controlled substances containing pseudoephedrine, ephedrine, or phenylpropanolamine.

            (b) At any time after July 1, 2005, the Board of Pharmacy, upon the recommendation of the Superintendent of the State Police, shall promulgate emergency and legislative rules pursuant to the provision of article three, chapter twenty-nine-a of this code to implement an updated supplemental list of products containing the controlled substances ephedrine, pseudoephedrine or phenylpropanolamine as an active ingredient or any other drug used as a precursor in the manufacture of methamphetamine, which the Superintendent of the State Police has demonstrated by empirical evidence is being used in the manufacture of methamphetamine. This listing process shall comport with the requirements of subsection (a) of this section.

            (3) A process whereby pharmacies are made aware of all drug products that are less than eleven percent of the product can be used to manufacture methamphetamine that contain ephedrine, pseudoephedrine or phenylpropanolamine, and may be sold, transferred or dispensed over the counter.

            Delegates Perdue, Azinger, Ellem, Fleischauer, Guthrie, Iaquinta and Poore moved to amend the amendment on page one, line one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

            “That §60A-10-8 of the Code of West Virginia, 1931, as amended, be repealed; that §60A-2-210 and §60A-2-212 of said code be amended and reenacted; that §60A-10-2, §60A-10-3, §60A-10-4, §60A-10-5 and §60A-10-7 of said code be amended and reenacted; and that said code be amended by adding thereto a new section, designated §60A-10-4a, all to read as follows:

ARTICLE 2. STANDARDS AND SCHEDULES.

§60A-2-210. Schedule IV.

            (a) Schedule IV shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name or brand name designated, listed in this section.

            (b) Narcotic drugs. -- Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:

            (1) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit;

            (2) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1 , 2-diphenyl- 3-methyl -2- propionoxybutane).

            (c) Depressants. -- Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:

            (1) Alprazolam;

            (2) Barbital;

            (3) Bromazepam;

            (4) Camazepam;

            (5) Carisoprodol;

            (6) Chloral betaine;

            (7) Chloral hydrate;

            (8) Chlordiazepoxide;

            (9) Clobazam;

            (10) Clonazepam;

            (11) Clorazepate;

            (12) Clotiazepam;

            (13) Cloxazolam;

            (14) Delorazepam;

            (15) Diazepam;

            (16) Estazolam;

            (17) Ethchlorvynol;

            (18) Ethinamate;

            (19) Ethyl loflazepate;

            (20) Fludiazepam;

            (21) Flunitrazepam;

            (22) Flurazepam;

            (23) Halazepam;

            (24) Haloxazolam;

            (25) Ketazolam;

            (26) Loprazolam;

            (27) Lorazepam;

            (28) Lormetazepam;

            (29) Mebutamate;

            (30) Medazepam;

            (31) Meprobamate;

            (32) Methohexital;

            (33) Methylphenobarbital (mephobarbital);

            (34) Midazolam;

            (35) Nimetazepam;

            (36) Nitrazepam;

            (37) Nordiazepam;

            (38) Oxazepam;

            (39) Oxazolam;

            (40) Paraldehyde;

            (41) Petrichloral;

            (42) Phenobarbital;

            (43) Pinazepam;

            (44) Prazepam;

            (45) Quazepam;

            (46) Temazepam;

            (47) Tetrazepam;

            (48) Triazolam;

            (49) Zolpidem.

            (d) Fenfluramine. -- Any material, compound, mixture or preparation which contains any quantity of the following substance, including its salts, isomers (whether optical, position or geometric) and salts of such isomers whenever the existence of such salts, isomers and salts of isomers is possible: Fenfluramine.

            (e) Stimulants. -- Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers and salts of isomers:

            (1) Cathine ((+)-norpseudoephedrine);

            (2) Diethylpropion;

            (3) Fencamfamin;

            (4) Fenproporex;

            (5) Mazindol;

            (6) Mefenorex;

            (7) Pemoline (including organometallic complexes and chelates thereof);

            (8) Phentermine;

            (9) Pipradrol;

            (10) SPA ((-)-1-dimethylamino-1,2-diphenylethane).

            (f) Any compound, mixture or preparation containing ephedrine, pseudoephedrine or phenylpropanolamine, their salts or optical isomers, or salts of optical isomers except products which are for pediatric use primarily intended for administration to children under the age of twelve: Provided, That neither the offenses set forth in section four hundred one, article four of this chapter, nor the penalties therein, shall be applicable to ephedrine, pseudoephedrine or phenylpropanolamine, that shall be subject to the provisions of article ten of this chapter.

            (f) (g) Other substances. -- Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, including its salts:

            (1) Pentazocine;

            (2) Butorphanol.

            Amyl nitrite, butyl nitrite, isobutyl nitrite and the other organic nitrites are controlled substances and no product containing these compounds as a significant component shall be possessed, bought or sold other than pursuant to a bona fide prescription or for industrial or manufacturing purposes.

§60A-2-212. Schedule V.

            (a) Schedule V shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name or brand name designated, listed in this section.

            (b) Narcotic drugs. -- Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation containing any of the following narcotic drugs and their salts, as set forth below:

            (1) Buprenorphine.

            (c) Narcotic drugs containing nonnarcotic active medicinal ingredients. -- Any compound, mixture or preparation containing any of the following narcotic drugs or their salts calculated as the free anhydrous base or alkaloid in limited quantities as set forth below, which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:

            (1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;

            (2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;

            (3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;

            (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;

            (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams;

            (6) Not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.

            (d) Stimulants. -- Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances substance having a stimulant effect on the central nervous system, including its salts, isomers and salts of isomers:

(1) Pyrovalerone.

            (e) Any compound, mixture or preparation containing as its single active ingredient ephedrine, pseudoephedrine or phenylpropanolamine, their salts or optical isomers, or salts of optical isomers except products which are for pediatric use primarily intended for administration to children under the age of twelve: Provided, That neither the offenses set forth in section four hundred one, article four of this chapter, nor the penalties therein, shall be applicable to ephedrine, pseudoephedrine or phenylpropanolamine, which shall be subject to the provisions of article ten of this chapter.

ARTICLE 10. METHAMPHETAMINE LABORATORY ERADICATION ACT.

§60A-10-2. Purpose; findings.

            The Legislature finds:

            (a) That the illegal production and distribution of methamphetamine is an increasing problem nationwide and particularly prevalent in rural states such as West Virginia.

            (b) That methamphetamine is a highly addictive drug that can be manufactured in small and portable laboratories. These laboratories are operated by individuals who manufacture the drug in a clandestine and unsafe manner, often resulting in explosions and fires that can injure not only the individuals involved, but their families, neighbors, law-enforcement officers and firemen.

            (c) That use of methamphetamine can result in fatal kidney and lung disorders, brain damage, liver damage, blood clots, chronic depression, hallucinations, violent and aggressive behavior, malnutrition, disturbed personality development, deficient immune system and psychosis. Children born to mothers who are abusers of methamphetamine can be born addicted and suffer birth defects, low birth weight, tremors, excessive crying, attention deficit disorder and behavior disorders.

            (d) That in addition to the physical consequences to an individual who uses methamphetamine, usage of the drug also produces an increase in automobile accidents, explosions and fires, increased criminal activity, increased medical costs due to emergency room visits, increases in domestic violence, increased spread of infectious diseases and a loss in worker productivity.

            (e) That environmental damage is another consequence of the methamphetamine epidemic. Each pound of methamphetamine produced leaves behind five to six pounds of toxic waste. Chemicals and byproducts that result from the manufacture of methamphetamine are often poured into plumbing systems, storm drains or directly onto the ground. Clean up of methamphetamine laboratories is extremely resource intensive, with an average remediation cost of $5,000.

            (f) That it is in the best interest of every West Virginian to develop a viable solution to address the growing methamphetamine problem in the State of West Virginia. The Legislature finds that extraction- or conversion-resistant pseudoephedrine hydrocloride can provide a nonprescription option that is less readily usable in the manufacture of methamphetamine. The Legislature finds that restricting access to over-the-counter requiring a prescription for drugs that can be readily converted used to facilitate production of methamphetamine is necessary to protect the public safety of all West Virginians.

            (g) That it is further in the best interests of every West Virginian to create impediments to the manufacture of methamphetamine by requiring persons purchasing chemicals necessary to the process to provide identification.

§60A-10-3. Definitions.

            In this article:

            (a) “Board of Pharmacy” or “board” means the West Virginia Board of Pharmacy established by the provisions of article five, chapter thirty of this code.

            (b) “Designated precursor” means any drug product made subject to the requirements of this article by the provisions of section ten seven of this article.

            (c) “Distributor” means any person within this state or another state, other than a manufacturer or wholesaler, who sells, delivers, transfers or in any manner furnishes a drug product to any person who is not the ultimate user or consumer of the product.

            (d) “Drug product” means a pharmaceutical product that contains ephedrine, pseudoephedrine or phenylpropanolamine or a substance identified on the supplemental list provided in section seven of this article which may be sold without a prescription and which is labeled for use by a consumer in accordance with the requirements of the laws and rules of this state and the federal government.

            (e) “Ephedrine” means ephedrine, its salts or optical isomers or salts of optical isomers.

            (f) “Extraction or conversion resistant” means a product containing ephedrine, pseudoephedrine or phenylpropanolamine that because of its compounding, preparation, mixture or ingredients has been found by the Board of Pharmacy to pose a significantly reduced risk of being used in the manufacture of methamphetamine.

            (f) (g) “Manufacturer” means any person within this state who produces, compounds, packages or in any manner initially prepares for sale or use any drug product or any such person in another state if they cause the products to be compounded, packaged or transported into this state.

            (g) (h) “National Association of Drug Diversion Investigators” or “NADDI” means the nonprofit 501(c)(3) organization established in 1989, made up of members who are responsible for investigating and prosecuting pharmaceutical drug diversion, and that facilitates cooperation between law enforcement, health care professionals, state regulatory agencies and pharmaceutical manufacturers in the investigation and prevention of prescription drug abuse and diversion.

            (h) (i) “Multi-State Real-Time Tracking System” or “MSRTTS” means the real-time electronic logging system provided by NADDI at no cost to states that have legislation requiring real-time electronic monitoring of precursor purchases, and agree to use the system. MSRTTS is used by pharmacies and law enforcement to track sales of over-the-counter (OTC) cold and allergy medications containing precursors to the illegal drug methamphetamine.

            (i) (j) “Phenylpropanolamine” means phenylpropanolamine, its salts, optical isomers and salts of optical isomers.

            (j) (k) “Pseudoephedrine” means pseudoephedrine, its salts, optical isomers and salts of optical isomers.

            (k) (l) “Precursor” means any substance which may be used along with other substances as a component in the production and distribution of illegal methamphetamine.

            (l) (m) “Pharmacist” means an individual currently licensed by this state to engage in the practice of pharmacist care as defined in article five, chapter thirty of this code.

            (m) (n) “Pharmacy intern” has the same meaning as the term “intern” as set forth in section one-b four, article five, chapter thirty of this code.

            (n) (o) “Pharmacy” means any drugstore, apothecary or place within this state where drugs are dispensed and sold at retail or display for sale at retail and pharmacist care is provided outside of this state where drugs are dispensed and pharmacist care is provided to residents of this state.

            (o) (p) “Pharmacy counter” means an area in the pharmacy restricted to the public where controlled substances are stored and housed and where controlled substances may only be sold, transferred or dispensed by a pharmacist, pharmacy intern or pharmacy technician.

            (p) (q) “Pharmacy technician” means a registered technician who meets the requirements for registration as set forth in article five, chapter thirty of this code.

            (q) (r) “Retail establishment” means any entity or person within this state who sells, transfers or distributes goods, including over-the-counter drug products, to an ultimate consumer.

            (r) (s) "Schedule V" “Schedule IV” means the schedule of controlled substances set out in section two hundred twelve ten, section article two of this chapter.

            (s) (t) “Superintendent of the State Police” or “superintendent” means the Superintendent of the West Virginia State Police as set forth in section five, article two, chapter fifteen of this code.

            (t) (u) “Wholesaler” means any person within this state or another state, other than a manufacturer, who sells, transfers or in any manner furnishes a drug product to any other person in this state for the purpose of being resold.

§60A-10-4. Purchase, receipt, acquisition and possession of substances which may be used as a precursor to manufacture of methamphetamine or another controlled substance; offenses; exceptions; penalties.

            (a) A pharmacy may not sell, transfer or dispense to the same person, and a person may not purchase more than three and six-tenths grams per day, more than seven and two-tenths grams in a thirty-day period or more than forty-eight grams annually of ephedrine, pseudoephedrine or phenylpropanolamine without a prescription, The limits shall apply to the total amount of ephedrine, pseudoephedrine and phenylpropanolamine contained in the products, and not the overall weight of the products. unless the product has been determined by the Board of Pharmacy to be in an extraction- or conversion-resistant form.

            (1) Any person who or knowingly purchases, receives or otherwise possesses, more than seven and two-tenths grams in a thirty-day period delivers or possesses with the intent to deliver of ephedrine, pseudoephedrine or phenylpropanolamine in any form without a prescription that has not been determined by the Board of Pharmacy to be in an extraction- or conversion-resistant form without a prescription is guilty of a misdemeanor and, upon conviction, shall be confined in a jail for not more than one year, fined not more than $1,000, or both fined and confined: Provided, That the provisions of subdivision (3), subsection (a), section seven, article seven, chapter sixty-one of this code are inapplicable to persons possessing ephedrine, pseudoephedrine or phenylpropanolamine which has been lawfully purchased in the jurisdiction of sale and which is possessed with the intent that it be used in the manner and form intended by the manufacturer.

            (2) Any pharmacy, wholesaler or other entity operating the retail establishment which sells, transfers or dispenses a product in violation of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000 for the first offense, or more than $10,000 for each subsequent offense.

            (b) Notwithstanding the provisions of subdivision (a)(1) subdivision (1), subsection (a) of this section, any person convicted of a second or subsequent violation of the provisions of said subdivision or a statute or ordinance of the United States or another state which contains the same essential elements is guilty of a felony and, upon conviction, shall be imprisoned in a state correctional facility for not less than one nor more than five years, fined not more than $25,000, or both imprisoned and fined.

            (c) The provisions of subsection (a) of this section shall not apply to:

            (1) Products dispensed pursuant to a valid prescription;

            (2) Drug products which are for pediatric use primarily intended for administration to children under the age of twelve; or

            (3) Drug products containing ephedrine, pseudoephedrine or phenylpropanolamine, their salts or optical isomers or salts of optical isomers or other designated precursor which have been determined by the Board of Pharmacy to be in a form which is not feasible for being used for the manufacture of methamphetamine; or

            (4) (3) Persons lawfully possessing drug products in their capacities as distributors, wholesalers, manufacturers, pharmacists, pharmacy interns, pharmacy technicians or health care professionals.

            (d) Notwithstanding any provision of this code to the contrary, any person who knowingly possesses any amount of ephedrine, pseudoephedrine, phenylpropanolamine or other designated precursor with the intent to use it in the manufacture of methamphetamine, or who knowingly compensates, hires or provides other incentives for another person to purchase, obtain or transfer any amount of ephedrine, pseudoephedrine, phenylpropanolamine or other designated precursor with the intent to use it in the manufacture of methamphetamine or who knowingly possesses a substance containing ephedrine, pseudoephedrine or phenylpropanolamine or their salts, optical isomers or salts of optical isomers in a state or form which is or has been altered or converted from the state or form in which these chemicals are, or were, commercially distributed is guilty of a felony and, upon conviction, shall be imprisoned in a state correctional facility for not less than two nor more than ten years, fined not more than $25,000, or both imprisoned and fined.

            (e) (1) Any pharmacy, wholesaler, manufacturer or distributor of drug products containing ephedrine, pseudoephedrine, phenylpropanolamine, their salts or optical isomers or salts of optical isomers or other designated precursor shall obtain a registration annually from the State Board of Pharmacy as described in section six of this article. Any such pharmacy, wholesaler, manufacturer or distributor shall keep complete records of all sales and transactions as provided in section eight of this article. The records shall be gathered and maintained pursuant to legislative rule promulgated by the Board of Pharmacy.

            (2) Any drug products possessed without a registration as provided in this section are subject to forfeiture upon conviction for a violation of this section.

            (3) In addition to any administrative penalties provided by law, any violation of this subsection is a misdemeanor, punishable upon conviction by a fine in an amount not more than $10,000.

60A-10-4a. Expungement of first offense possession of ephedrine, pseudoephedrine or phenylpropanolamine.

            (a) Whenever any person who has not previously been convicted of a violation of chapter sixty-a of this code or a violation of the provisions of this article or under any statute of the United States or any state relating to controlled substances or methamphetamine precursors is charged with possession of ephedrine, pseudoephedrine or phenylpropanolamine in violation of subdivision (1), subsection (a), section four of this article, he or she may move the court to defer further proceedings and to be placed on probation under such terms and conditions as the court deems appropriate. Should the court find that the person possessed three and six-tenths grams of ephedrine, pseudoephedrine or phenylpropanolamine or less which had been lawfully purchased in the jurisdiction of sale and that the person possessed the ephedrine, pseudoephedrine or phenylpropanolamine with the intent that it be used in the manner and form intended by the manufacturer, the court shall defer further proceedings and place the person on probation.

            (b) Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him or her. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities or sentencing enhancements imposed by law upon conviction of a crime. The effect of the dismissal and discharge shall be to restore the person in contemplation of law to the status he or she occupied prior to arrest. No person as to whom a dismissal and discharge have been effected shall be thereafter held to be guilty of perjury, false swearing or otherwise giving a false statement by reason of his or her failure to disclose or acknowledge his or her arrest or trial in response to any inquiry made of him or her for any purpose. There may be only one discharge and dismissal under this section with respect to any person.

            (c) After a period of not less than six months, which shall begin to run immediately upon the expiration of a term of probation imposed upon any person under this chapter, the person may apply to the court for an order to expunge from all official records all recordations of his or her arrest, trial and conviction, pursuant to this section. If the court determines after a hearing that the person during the period of his or her probation and during the period of time prior to his or her application to the court under this section has not been guilty of any serious or repeated violation of the conditions of his or her probation, it shall order the expungement.

§60A-10-5. Restrictions on the commercial sale, transfer or delivery of certain drug products; penalties.

            (a) No pharmacy or individual may display, offer for sale or place a drug product containing ephedrine, pseudoephedrine or phenylpropanolamine or other designated methamphetamine precursor where the public may freely access the drug product. All such drug products or designated precursors shall be placed behind a pharmacy counter where access is restricted to a pharmacist, a pharmacy intern, a pharmacy technician or other pharmacy employee.

            (b) All storage of drug products regulated by the provisions of this section shall be in a controlled and locked access location that is not accessible by the general public and shall maintain strict inventory control standards and complete records of quantity of the product maintained in bulk form: Provided, That wholesale drug distributors required to be licensed by the Board of Pharmacy which are registered with and regulated by the United States Drug Enforcement Administration shall not be subject to any board requirements relating to the storage, recordkeeping or physical security of controlled substances containing ephedrine, pseudoephedrine or phenylpropanolamine which are more stringent than those imposed by the U. S. Drug Enforcement Administration.

            (c) No pharmacy may sell, deliver or provide any drug product regulated by the provisions of this section to any person who is under the age of eighteen.

            (d) If a drug product regulated by the provisions of this section is transferred, sold or delivered, the individual, pharmacy or retail establishment transferring, selling or delivering the drug product shall offer to have a pharmacist provide patient counseling, as defined by article five, chapter thirty of this code and the rules of the Board of Pharmacy, to the person purchasing, receiving or acquiring the drug product in order to improve the proper use of the drug product and to discuss contraindications.

            (e) If a drug product regulated by the provisions of this section which the Board of Pharmacy has determined is in an extraction- or conversion-resistant form is transferred, sold or delivered, the individual or pharmacy or retail establishment transferring, selling or delivering the drug product shall require the person purchasing, receiving or otherwise acquiring the drug product to (1) Produce produce a valid government-issued photo identification showing his or her date of birth; and

            (2) Sign a logbook, in either paper or electronic format, containing the information set forth in subsection (b), section eight of this article and attesting to the validity of the information.

            (f) Any person who knowingly makes a false representation or statement pursuant to the requirements of this section is guilty of a misdemeanor and, upon conviction, be confined in a jail for not more than six months, fined not more than $5,000, or both fined and confined.

            (g) (1) The pharmacist, pharmacy intern or pharmacy technician processing the transaction shall determine that the name entered in the logbook corresponds to the name provided on the identification.

            (2) Beginning January 1, 2013, a pharmacy or retail establishment shall, before completing a sale under this section, electronically submit the information required by section eight of this article to the Multi-State Real-Time Tracking System (MSRTTS) administered by the National Association of Drug Diversion Investigators (NADDI): Provided, That the system is available to retailers in the state without a charge for accessing the system. This system shall be capable of generating a stop-sale alert, which shall be a notification that completion of the sale would result in the seller or purchaser violating the quantity limits set forth in this article. The seller may not complete the sale if the system generates a stop-sale alert. The system shall contain an override function that may be used by a dispenser of a drug product who has a reasonable fear of imminent bodily harm if he or she does not complete a sale. Each instance in which the override function is utilized shall be logged by the system. Absent negligence, wantonness, recklessness or deliberate misconduct, any retailer utilizing the Multi-State Real-Time Tracking System in accordance with this subdivision may not be civilly liable as a result of any act or omission in carrying out the duties required by this subdivision and is immune from liability to any third party unless the retailer has violated any provision of this subdivision in relation to a claim brought for the violation.

            (3) If a pharmacy or retail establishment selling a nonprescription product containing ephedrine, pseudoephedrine or phenylpropanolamine experiences mechanical or electronic failure of the Multi-State Real-Time Tracking System and is unable to comply with the electronic sales tracking requirement, the pharmacy or retail establishment shall maintain a written log or an alternative electronic record-keeping mechanism until such time as the pharmacy or retail establishment is able to comply with the electronic sales tracking requirement.

            (h) This section does not apply to drug products that are dispensed pursuant to a prescription, are or pediatric products primarily intended for administration, according to label instructions, to children under twelve years of age.

            (i) Any violation of this section for which there is not a particularized penalty is a misdemeanor, punishable upon conviction by a fine in an amount not more than $10,000.

            (j) The provisions of this section supersede and preempt all local laws, ordinances, rules and regulations pertaining to the sale of any compounds, mixtures or preparation containing ephedrine, pseudoephedrine or phenylpropanolamine.

§60A-10-7. Restricted products; rule-making authority; effective date of amendments.

            (a) On or before July 1, 2005 2014, the Board of Pharmacy shall promulgate emergency and legislative rules pursuant to the provision of article three, chapter twenty-nine-a of this code to a implement continue the program wherein the Board of Pharmacy shall consult consults with the Superintendent of the State Police in identifying drug products which are a designated precursor, in addition to those that contain ephedrine, pseudoephedrine or phenylpropanolamine, that are commonly being used in the production and distribution of methamphetamine. Those drug products which the Superintendent of the State Police have has demonstrated by empirical evidence are commonly used in the manufacture of methamphetamine shall be added to a supplemental list and shall be subject to all of the restrictions of this article. These rules established pursuant to this section shall include:

            (1) A process whereby pharmacies are made aware of all drug products that contain ephedrine, pseudoephedrine and phenylpropanolamine that will be listed as a Schedule V IV substance. and must be sold, transferred or dispensed from behind a pharmacy counter. This process shall specifically state which products have been determined by the Board of Pharmacy to be in a form which is extraction or conversion resistant and may, therefore, be sold without a prescription. The process shall specify that all other drug products which have not been determined by the Board of Pharmacy to be extraction or conversion resistant shall be distributed by prescription only;

            (2) A process whereby pharmacies and retail establishments are made aware of additional drug products added to Schedule V IV, that are required to be placed behind the pharmacy counter for sale, transfer or distribution. can be periodically reviewed and updated.

            (b) At any time after July 1, 2005, the Board of Pharmacy, upon the recommendation of the Superintendent of the State Police, shall promulgate emergency and legislative rules pursuant to the provision of article three, chapter twenty-nine-a of this code to implement an updated supplemental list of products containing the controlled substances ephedrine, pseudoephedrine or phenylpropanolamine as an active ingredient or any other drug used as a precursor in the manufacture of methamphetamine, which the Superintendent of the State Police has demonstrated by empirical evidence is being used in the manufacture of methamphetamine. This list shall also note any products containing ephedrine, pseudoephedrine or phenylpropanolamine but which has been determined by the Board of Pharmacy to be in a form which is extraction or conversion resistant. This listing process shall comport with the requirements of subsection (a) of this section.

            (c) The repeal of section eight, article ten, chapter sixty-a of this code, and the amendments to sections two hundred ten and two hundred twelve, article two, chapter sixty-a and sections two, three, four, five and seven, article ten, chapter sixty-a of this code during the 2014 Regular Session of the Legislature shall be effective September 1, 2014.

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

            The yeas and nays having been ordered, they were taken (Roll No. 346), and there were--yeas 42, nays 53, absent and not voting 5, with the yeas and absent and not voting being as follows:

            Yeas: Miley, Ambler, Anderson, Azinger, Barill, Barker, Boggs, Border, Campbell, Canterbury, Caputo, Cooper, Craig, Diserio, Eldridge, Ellem, A. Evans, Fleischauer, Guthrie, Hamilton, Hartman, Iaquinta, Kinsey, Lynch, Manypenny, Marshall, Moore, Morgan, Moye, E. Nelson, Pasdon, Perdue, D. Poling, M. Poling, Poore, Reynolds, Romine, Skinner, P. Smith, Stephens, Walker and Young.

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

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

            Delegate Perdue, Azinger, Border, Ellem, Fleischauer, Guthrie and Iaquinta moved to amend the amendment on page one, line ten, after the word, “than”, by striking out the following, “three and six-tenths grams per day, more than seven and two-tenths grams in a thirty-day period or more than”.

            And,

            On page one, line seventeen, by inserting a new subdivision (1), to read as follows:

            “(1) Before dispensing a product containing ephedrine, pseudoephedrine, or phenylpropanolamine under subsection (a), a pharmacist shall make a professional determination, based on a pharmacist-patient relationship, as to whether or not there is a legitimate medical and pharmaceutical need for the drug.

            (A) This determination shall be based on factors including without limitation:

            (I) Prior medication-filling history;

            (ii) Patient screening;

            (iii) Other tools that provide professional reassurance to the pharmacist that a legitimate medical and pharmaceutical need exists; and

            (iv) The Multi-State Real Time Tracking System.”

            And renumbering the remaining subdivisions accordingly.

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

            The yeas and nays having been ordered, they were taken (Roll No. 347), and there were--yeas 43, nays 51, absent and not voting 5, with the yeas and absent and not voting being as follows:

            Yeas: Miley, Azinger, Barill, Barker, Boggs, Campbell, Canterbury, Caputo, Cooper, Diserio, Eldridge, Ellem, A. Evans, Fleischauer, Fragale, Guthrie, Hamilton, Hartman, Hunt, Iaquinta, Kinsey, Lynch, Manchin, Manypenny, Marshall, McCuskey, Moore, Morgan, Moye, Perdue, Perry, L. Phillips, Pino, D. Poling, M. Poling, Poore, Reynolds, Romine, Skinner, P. Smith, Stephens, Walker and Young.

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

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

            On motion of Delegate Manchin, the amendment was amended on page eight, section seven, lines three through seven, by striking out subdivision three in its entirety and inserting in lieu thereof, the following:

            “(3) A process whereby pharmacies are made aware of all drug products that may be sold, transferred or dispensed over the counter that contain less than eleven percent of ephedrine, pseudoephedrine or phenylpropanolamine that can be used to manufacture methamphetamine.”

            On motion of Delegates Shott and Ellington the amendment was amended on page one, section four, line sixteen, following the word “products”, by inserting “unless the product has been determined by the Board of Pharmacy to be in an extraction- or conversion-resistant form: provided, that a pharmacist, pharmacy intern or pharmacy technician may refuse to dispense a product containing ephedrine, pseudoephedrine, or phenylpropanolamine which is not extraction or conversion resistant without a prescription to a person who is not known to the pharmacist, pharmacy intern or pharmacy technician as a regular customer of the pharmacy; or, who has not had at least one prescription filled by the pharmacy within the past 12 months.

            For the purposes of this Article, “extraction or conversion resistant” means a product containing ephedrine, pseudoephedrine or phenylpropanolamine that because of its compounding, preparation, mixture or ingredients has been found by the Board of Pharmacy to pose a significantly reduced risk of being used in the manufacture of methamphetamine.

            On motion of Delegates Shott and Ellington, the amendment was amended on page five, section four, after line twenty, by inserting a new subsection to read as follows:

            (f) (1) Notwithstanding any provision of this code to the contrary, a county commission may adopt an ordinance to provide that a pharmacy, wholesaler or other entity operating a retail establishment in the county may not sell, transfer or dispense ephedrine, pseudoephedrine or phenylpropanolamine without a prescription, unless the product has been determined by the Board of Pharmacy to be in an extraction- or conversion-resistant form.

            (2) The ordinance:

            (A) Shall provide that the provisions of subdivision (3), subsection (a), section seven, article seven, chapter sixty-one of this code are inapplicable to persons possessing ephedrine, pseudoephedrine or phenylpropanolamine which has been lawfully purchased in the jurisdiction of sale and which is possessed with the intent that it be used in the manner and form intended by the manufacturer;

            (B) Shall provide that the ordinance does not apply to drug products containing ephedrine, pseudoephedrine or phenylpropanolamine which are for pediatric use primarily intended for administration to children under the age of twelve; and

            (C) May provide that any person in violation of the ordinance is guilty of a misdemeanor and, upon conviction, may be fined not more than $1,000 for the first offense, or more than $10,000 for each subsequent offense.

            (3) A county commission may conduct a referendum on the question of the adoption of an ordinance pursuant to this section by entry of an order providing that the ordinance not become effective until it is ratified by a majority of the legal votes cast on the referendum by the qualified voters of the county at any primary, general or special election as the county commission directs.

             An amendment to the bill, offered by Delegate Perdue, was reported by the Clerk.

            Whereupon,

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

            Delegate Perdue moved to amend the amendment on page five, line twenty-four, after the period by inserting a new subsection (e) to read as follows:

            “(e) In addition to the sales tax, a user fee of one dollar for every three and six tenth gram of sales, known as the meth lab clean up fee, is levied on retail sales of products containing ephedrine, pseudoephedrine or phenylpropanolamine without a prescription. The fee shall be distributed pursuant to the provisions of this section. The fee computation under this section shall be carried to the third decimal place, and the tax rounded up to the next whole cent whenever the third decimal place is greater than four and rounded down to the lower whole cent whenever the third decimal place is four or less.

            (1) A person who purchases products containing ephedrine, pseudoephedrine or phenylpropanolamine without a prescription in a retail transaction is liable for the fee on the transaction and, except as otherwise provided in this article, shall pay the fee to the retailer as a separate added amount to the consideration in the transaction.

            (2) The retailer shall collect the fee as an agent for the state and pay it over to the State Treasurer in the manner prescribed for the payment of other moneys received by him.

            (3) The fee shall be deposited in the crime victim’s compensation fund.

            (4) The proceeds of the fee collected pursuant to this section shall be deposited by the State Treasurer into the crime victims compensation fund at least monthly.

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

            The yeas and nays having been ordered, they were taken (Roll No. 348), and there were--yeas 30, nays 65, absent and not voting 5, with the yeas and absent and not voting being as follows:

            Yeas: Miley, Azinger, Barill, Barker, Campbell, Caputo, Craig, Diserio, Ellem, Fleischauer, Guthrie, Hamilton, Hartman, Iaquinta, Kinsey, Lynch, Manypenny, Marshall, Moore, Morgan, Perdue, R. Phillips, D. Poling, M. Poling, Reynolds, Skinner, P. Smith, Stephens, Tomblin and Young.

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

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

            On motion of Delegate R. Smith, the amendment was amended on page eight, immediately following line seven, by inserting the following section:

§60A-10-8. Reporting requirements; confidentiality.

            (a) Until January 1, 2013, upon each sale, retail, transfer or distribution of any drug product referred to in section seven of this article or another designated precursor, the pharmacist, pharmacy intern, or pharmacy technician making the sale, transfer or distribution shall report the following information for inclusion in the central repository established and maintained by the Board of Pharmacy:

            (1) The date of the transaction;

            (2) The name, address and driver's license or state-issued identification number of the person; and

            (3) The name, quantity of packages and total gram weight of the product or products purchased, received or otherwise acquired.

            (b) The information required to be reported by this section shall be reported by paper log maintained at the point of sale: Provided, That, beginning on January 1, 2007, reporting shall be by electronic transmission to the Board of Pharmacy no more frequently than once a week. Beginning on January 1, 2013, the electronic transmission of the information required to be reported in subsection (a) of this section shall be reported to the MSRTTS, and shall be made in real time at the time of the transaction.

            (c) The information required by this section shall be the property of the state. The information shall be disclosed as appropriate to the federal Drug Enforcement Administration and to state and local law-enforcement agencies. The information shall not be accessed, used or shared for any purpose other than to ensure compliance with this article and federal law. NADDI shall forward state transaction records in the MSRTTS to the West Virginia State Police weekly, and provide real-time access to MSRTTS information through the MSRTTS online portal to authorized agents of the federal Drug Enforcement Administration and certified law enforcement in this and other states for use in the detection of violations of this article or of federal laws designed to prevent the illegal use, production or distribution of methamphetamine. Records of clandestine labs found by law enforcement agencies in West Virginia shall be forwarded by the appropriate law enforcement agency as soon as is practicable to the National Clandestine Laboratory Register, as maintained by the United States Department of Justice.

            The Judiciary amendment, as amended, was then adopted.

            The bill was then ordered to third reading.

            S. B. 88, Relating to claims for total loss and debris removal proceeds under farmers’ mutual fire insurance companies; on second reading, coming up in regular order, was read a second time.

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

            “That §33-22-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §38-10E-1 of said code be amended and reenacted, all to read as follows:

CHAPTER 33. INSURANCE.

ARTICLE 22. FARMERS’ MUTUAL FIRE INSURANCE COMPANIES.

§33-22-2. Applicability of other provisions.

            Each company to the same extent that provisions are applicable to domestic mutual insurers shall be governed by and be subject to the following provisions of this chapter, but only to the extent these provisions are not inconsistent with the provisions of this article: article one (definitions); article two (Insurance Commissioner); article four (general provisions), except that section sixteen of said, article four, may not be applicable thereto; article seven (assets and liabilities); article eight-a (use of clearing corporations and federal reserve book-entry system); article ten (rehabilitation and liquidation), except that under the provisions of section thirty-two of said, article ten, assessments may not be levied against any former member of a farmers’ mutual fire insurance company who is no longer a member of the company at the time the order to show cause was issued; article eleven (unfair trade practices); article twelve (insurance producers and solicitors), except that the agent’s license fee shall be $5; section six-a, article seventeen (notice of noncoverage of flood damages and the availability of flood insurance); section nine-b, article seventeen (claims for total loss; debris removal proceeds); article twenty-six (West Virginia Insurance Guaranty Association Act); article twenty-seven (insurance holding company systems); article thirty (mine subsidence insurance), except that under the provisions of section six of said, article thirty, a farmers’ mutual insurance company shall have the option of offering mine subsidence coverage to all of its policyholders, but may not be required to do so; article thirty-three (annual audited financial report); article thirty-four (administrative supervision); article thirty-four-a (standards and commissioner’s authority for companies considered to be in hazardous financial condition); article thirty-five (criminal sanctions for failure to report impairment); article thirty-six (business transacted with Producer-Controlled Property-Casualty Insurer Act); article thirty-seven (managing general agents); article thirty-nine (disclosure of material transactions); article forty (risk-based capital for insurers); and article forty-one (Insurance Fraud Prevention Act).

CHAPTER 38. LIENS.

ARTICLE 10E. LIEN ON INSURANCE PROCEEDS FOR DEBRIS REMOVAL.

§38-10E-1. Debris removal; notice of insurance proceeds; lien of

                          municipality and county.

            (a)(1) Notwithstanding any provision of this code to the contrary, the receipt by an insurance company of a claim under a fire insurance policy for a total loss to real property creates a statutory lien on the insurance proceeds payable for such claim in favor of the municipality in which the property is situate or, if the property is located outside a municipality, the county in which the property is situate, in an amount equal to the greater of: (A) $5,000; or (B) ten percent of the policy limits for loss to the real property, including any coverage for debris removal: Provided, That the amount of the lien may not exceed the policy limits of coverage for the real property plus debris removal, if any: Provided, however, That the lien created by this subsection does not apply to proceeds payable under the policy for any losses other than those to the real property insured, including loss of personal property and payments for temporary housing and related living expenses: Provided, further, That the lien amount imposed against proceeds payable under policies issued by farmers’ mutual fire insurance companies pursuant to article twenty-two, chapter thirty-three of this code, shall in no event exceed ten percent of the policy limits for loss to the real property, including any coverage for debris removal.

            (2) The terms ‘municipality’ and ‘treasurer’ have the same meanings ascribed to them in section two, article one, chapter eight of this code.

            (b) Within ten days of a determination by the insurer that a covered claim constitutes a total loss, the insurance company shall send certified letters to the insured and, as applicable, to the treasurer of the municipality in which the property is situate or, if the property is situate outside a municipality, to the sheriff of the county in which the property is situate, stating any amount claimed; the limits and conditions of coverage; the location of the property; the terms and limits of coverage designated by the insurance policy for securing, cleanup and removal, if any; any time limitations imposed on the insured for securing, cleanup and removal; and the policyholder’s name and mailing address.

            (c)(1) The lien created pursuant to subsection (a) of this section shall be discharged unless the municipality or county, whichever is applicable, within thirty days of the receipt of the letter sent in accordance with subsection (b) of this section, perfects and preserves such lien by filing a notice thereof with the clerk of the county commission of the county in which such property is situate: Provided, That upon filing of a notice of lien in accordance with this subdivision, the amount of the lien created in subsection (a) shall thereafter be for the estimated cost of cleanup contained in such notice of lien, subject to the limitation stated in subsection (a) with respect to policies issued by farmers’ mutual insurance companies: Provided, however, That the discharge of a lien based on the municipality’s or county’s failure to file a notice pursuant to this subdivision does not affect any other remedies the municipality or county may have with respect to such property or the liability of the property owner.

            (2) A notice of lien filed in accordance with this subsection shall include a statement of the estimated cost to the municipality or county for the cleanup of the damaged property, removal of any refuse, debris, remnants or remains of the building and appurtenances, and securing the structure: Provided, That such estimated cost may not exceed the amount of the lien created pursuant to subsection (a) of this section.

            (3) A notice of lien filed in accordance with this section shall be notarized and shall be sufficient if in form and effect as follows:

Notice of Lien for Debris Removal

To (name of insurance company):

            You will please take notice that the undersigned, on behalf of the (municipality or county) (of County, if a municipality), West Virginia, has estimated that the cost of removing debris and otherwise cleaning up (a certain building, other structure or improvement) on real estate known as (an adequate and ascertainable description of the real estate) would be (estimated cleanup cost).

            You are further notified that, in order to secure the payment of such sum the amount allowed by the provisions of subsection (a), section one, article ten-e, chapter thirty-eight of the West Virginia Code, the undersigned, on behalf of the (municipality or county) and pursuant to the provisions of section one, article ten-e, chapter thirty-eight of the West Virginia Code, claims a lien in such amount upon the interest of (policyholder’s name) in a fire insurance policy (the policy number or other identifying information) issued by (the insurance company's name and address).

            (Signature of treasurer or municipal officer exercising the power and authority commonly exercised by a treasurer, or sheriff).

            (Title)

            (d) The clerk of the county commission shall, upon the filing of such notice, index the same in a book in his or her office called ‘Debris Removal Liens’ as a lien against the insurance proceeds in favor of the municipality or county and shall send a copy of the notice to the insurer.”

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 140, Authorizing Department of Commerce promulgate legislative rules; on second reading, coming up in regular order, was read a second time.

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

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

§64-10-1. Office of Miners’ Health, Safety and Training.

            (a) The legislative rule filed in the State Register on March 26, 2013, authorized under the authority of section six, article one, chapter twenty-two-a of this code, relating to the Office of Miners’ Health, Safety and Training (assessing health and safety violation penalties, 56 CSR 12), is authorized.

            (b) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section four, article one, chapter twenty-two-a of this code, relating to the Office of Miners’ Health, Safety and Training (program for the sharing of information between employers, 56 CSR 18), is authorized.

            (c) The legislative rule filed in the State Register on March 26, 2013, authorized under the authority of section fourteen, article six, chapter twenty-two-a of this code, modified by the Office of Miners’ Health, Safety and Training to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 20, 2013, relating to the Office of Miners’ Health, Safety and Training (substance abuse screening, standards and procedure, 56 CSR 19), is authorized with the following amendments:

            On page two, after subsection 3.7, by inserting a new subsection, designated subsection 3.8, to read as follows:

            3.8. Duly licensed, mental health professional. The term “duly licensed, mental health professional” means a psychiatrist, psychologist, professional counselor or substance abuse counselor in the United States who is licensed by, and in good standing with, the licensing authority of the jurisdiction in which the person practices.;

            And by renumbering the remaining subsections;

            On page three, subsection 3.15, after the words “selection of persons for random testing”, by inserting the words “shall be performed at the testing facility or testing site and”;

            On page four, subsection 3.17, by striking out the word “accidents” and inserting in lieu thereof the word “accident”;

            On page six, by striking out all of subsection 4.7 and inserting in lieu thereof a new subsection, designated subsection 4.7, to read as follows:

            4.7. Any applicant, who is adversely affected by a decision of the Director following a hearing on an application for safety-sensitive certification, may petition for judicial review of the Director’s decision in the Circuit Court of Kanawha County or in the circuit court of the county in which the applicant resides, pursuant to the provisions of W. Va. Code § 29A-5-4.;

            On page six, subsection 4.8, by striking out the word “shall” and inserting in lieu thereof the word “may”;

            On page seven, subdivision 5.3.5, by striking out the word “Pphencyclidine” and inserting in lieu thereof the word “Phencyclidine”;

            On page eight, subsection 5.5, by striking out “5.5” and inserting in lieu thereof “5.6”;

And by renumbering the remaining subsections;

            On page nine, subsection 5.11, by striking out the subsection in its entirety, and inserting in lieu thereof a new subsection 5.11., as follows:

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

            5.11.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;

            5.11.b. The refusal of a certified person to submit a sample;

            5.11.c. A certified person possessing a substituted sample or an adulterated sample; or

            5.11.d. A certified person submitting a substituted sample or an adulterated sample.

            On page nine, after subdivision 5.11.d. by inserting two new subsections designated 5.12. and 5.13., to read as follows:

            5.12. 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.

            5.13. A notice pursuant to subdivision 5.11., 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, except in the case of a certified person who is subject to a collective bargaining agreement, in which case the notification pursuant subsection 5.11., shall not result in the immediate temporary suspension of any certificate held by the 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.

            And by renumbering the remaining subsections;

            On page ten, subsection 5.16, after the word “facility”, by striking out the word “annually”;

            On page eleven, subdivision 6.1.2, by striking out the words “Notify the Board of Appeals” and inserting in lieu thereof the words “Notify the Director”;

            On page eleven, subsection 6.2, by striking out the words “notify the Board of Appeals” and inserting in lieu thereof the words “notify the Director”;

            On page fourteen, subsection 8.1, by striking out the words “is found, by a preponderance of the evidence, to have: failed” and inserting in lieu thereof the words “has entered into a treatment plan agreement as specified in subsection 9.1 of this rule or who is found, by a preponderance of the evidence, to have failed”;

            On page fourteen, by striking out all of subsection 8.2 and inserting in lieu thereof three new subsections, designated subsections 8.2, 8.3 and 8.4, to read as follows:

            8.2. Any person requesting a hearing who intends to challenge the sample collection methods, the laboratory test results, the medical review officer’s verification of the laboratory test result or the chemical test of breath, shall notify the Director of his or her intent. The person shall submit the notification in writing, either in person or by mail to the Director, at least fourteen (14) days prior to the hearing date. The notification shall specify, in detail, the challenge the person intends to make.

            8.3. If the person requesting the hearing submits notification in writing to the Director that he/she intends to challenge the laboratory test results of the medical review officer’s verification of the laboratory test result, that person shall have the split sample tested, at his/her expense, at a SAMSHA-certified laboratory and those results verified by a medical review officer. The split sample results and the results of the split sample verification by a medical review officer shall be provided to the Director and the original medical review officer. No other form of evidence shall be admissible to challenge the laboratory test result of the medical review officer’s verification of the laboratory test result.

            8.4. If a person fails to comply with the notification requirements of this section, then the sample collection methods, the laboratory test results, the medical review officer’s verification of the laboratory test result, or the chemical test of breath shall be admissible as though the person and the Director had stipulated to their admissibility.;

            And by renumbering the remaining subsections;

            On page fifteen, subdivision 9.1.1, by striking out the words “treatment at a facility licensed by the State of West Virginia in substance abuse” and inserting in lieu thereof the words “treatment, counseling and after-care under the supervision of a duly licensed, mental health professional”;

             On page fifteen, subdivision 9.1.2, by striking out the words “treatment at a facility licensed by the State of West Virginia in substance abuse” and inserting in lieu thereof the words “treatment, counseling and after-care under the supervision of a duly licensed, mental health professional”;

            On page fifteen, subdivision 9.1.3, by striking out the words “treatment at a facility licensed, by the State of West Virginia in substance abuse” and inserting in lieu thereof the words “treatment, counseling and after-care under the supervision of a duly licensed, mental health professional”;

            And,

            On page sixteen, after subdivision 9.1.4, by adding the following:

            9.1.5. An admission by the individual that he or she has failed or refused a drug and alcohol test for the first time and that a second failure or refusal shall result in the permanent revocation of all mining certifications issued to him or her.

            9.2. The Director shall review all Treatment Agreements and shall not approve any Agreement that does not comply with this rule.

§64-10-2. Division of Labor.

            (a) The legislative rule filed in the State Register on July 23, 2013, authorized under the authority of section thirteen, article five, chapter twenty-one of this code, modified by the Division of Labor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 5, 2013, relating to the Division of Labor (Wage Payment and Collection Act, 42 CSR 5), is authorized with the following amendments:

            On page three, after subsection 4.2., by inserting a new subsection, designated subsection 4.3., to read as follows:

            4.3. An employer shall keep posted in a place accessible to all employees an abstract of the West Virginia Wage Payment and Collection law prepared and provided by the Commissioner.;

            On page four, by striking out all of subsection 7.2. and inserting in lieu thereof a new subsection, designated subsection 7.2., to read as follows:

            7.2. The scheduled payday for a railroad company shall occur within the time periods specified by West Virginia Code §21-5-2. The scheduled payday for every employer other than a railroad company shall occur at least once every 2 weeks, unless otherwise authorized by special agreement as provided in section eight of this rule.;

            On page five, after subsection 8.2., by inserting a new subsection, designated subsection 8.3. to read as follows:

            8.3. The Commissioner shall notify all employees identified by the employer and provide each employee with an opportunity to respond to the petition.

            And by renumbering the remaining subsections;

            On page five, subsection 8.4, by striking out the words “After the hearing,” and inserting in lieu thereof the words “Following the submission of the petition, the responses of the affected employees, and the holding of the hearing, if any,”;

            And,

            On page seven, subsection 10.6, by striking out the words “established by” and inserting in lieu thereof the words “specified in the written demand of”.

            (b) The legislative rule filed in the State Register on July 23, 2013, authorized under the authority of section thirteen, article five, chapter twenty-one of this code, modified by the Division of Labor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 5, 2013, relating to the Division of Labor (employer wage bonds, 42 CSR 33), is authorized.

§64-10-3. Division of Natural Resources.

            (a) The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section twenty-three, article seven, chapter twenty of this code, relating to the Division of Natural Resources (special motorboating, 58 CSR 27), is authorized.

            (b) The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section four, article two, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 8, 2013, relating to the Division of Natural Resources (electronic registration of wildlife, 58 CSR 72), is authorized.”

            On motion of Delegate Poore, the amendment was amended on page two, section one, line thirteen, by striking out the following:

            “On page three, subsection 3.15, after the words ‘selection of persons for random testing’ by inserting the words ‘shall be performed at the testing facility or testing site and’” and the semicolon;

            On page three, section one, line four, after the semi-colon, by inserting the following words:

            “On page six, subsection 5.2, by striking out subsection 5.2 in its entirety and inserting in lieu thereof, a new subsection 5.2 to read as follows:‘Every employer’s program shall at a minimum comply with all state mine laws relevant to substance abuse screening, standards and procedures.’ and by inserting a semicolon”;

            On page three, section one, line eighteen, before the word “reasonable” by inserting the words “random test” and a comma;

            On page four, section one, lines twenty-one and twenty-two, by striking out the words:

            “On page ten, subsection 5.16, after the word ‘facility’ by striking out the word ‘annually’” and the semicolon;

            On page seven, section one, line ten, before the citation “9.1.5.” by inserting double quotation marks;

            On page seven, section one, line sixteen, after the word “rule” and the period, by inserting a new subsection, designated 9.3, to read as follows:

            “The Director shall insure that an individual has satisfied all conditions for reinstatement before reinstating any certificate.”

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

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 204, Relating to crime victims compensation awards; 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 .

            Whereupon,

            Delegate Boggs asked and obtained unanimous consent that his amendment be withdrawn, and that he offer another in its stead.

            On motion of Delegate Boggs, the bill was amended on page twenty-one, section fourteen, line seventeen, following the word “period” and inserting a semi-colon and the following:

            Provided, That no reporting to a law-enforcement officer or agency or a forensic medical examination is required if the claimant is a juvenile in order for a judge or commissioner to approve an award of compensation”;

            And,

            On page twenty-five, section eighteen, line seven, following the word “unknown”, by inserting “or if the claimant is a juvenile”.

            The amendments having been adopted, the bill was then ordered to third reading.

            Com. Sub. for S. B. 253, Clarifying code for Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth; 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 three, section two, line twenty-three, by striking out the word “behavior” and inserting in lieu thereof the word “behavioral”.

            On page four, section four, line fifteen, by striking out the words “mental/behavior” and inserting in lieu thereof the words “mental or behavioral”.

            On page five, section four, line thirty-two, preceding the word “number”, by inserting the word “the”.

            On page five, section four, line thirty-four, preceding the word “birth”, by inserting the word “the”;.

            On page six, section four, line forty-nine, preceding the word “number”, by inserting the word “the”;.

            On page six, section four, line fifty-one, preceding the word “number”, by inserting the word “the”.

            On page six, section four, line fifty-two, by striking out the word “job” and inserting in lieu thereof the words “the workforce”.

            And,

            On page seven, section four, line sixty-two, preceding the word “number”, by inserting the word “the”.

            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 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:

CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.

ARTICLE 9. SUPERVISION OF LOCAL GOVERNMENT OFFICES.

§6-9-2c. Fraudulent or unauthorized use of purchasing card prohibited; penalties.

            (a) It is unlawful for any person to use a local government purchasing card, issued in accordance with the provisions of section two-a of this article, to make any purchase of goods or services in a manner which is contrary to the provisions of section two-a of this article or the rules promulgated pursuant to that section.

            (b) It is unlawful for any person to knowingly or intentionally possess with the intent to use a purchasing card without authorization pursuant to section two-a or the rules promulgated pursuant to that section.

            (c) Any person who violates the provisions of this section is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility not less than one year nor more than five years, or fined no more than $5,000, or both fined and imprisoned.

            (d) A violation of this section may be prosecuted in the county in which the card was issued, unlawfully obtained, fraudulently used, used without authorization, or where any substantial or material element of the offense occurred.

CHAPTER 12. PUBLIC MONEYS AND SECURITIES.

ARTICLE 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.

§12-3-10b. Fraudulent or unauthorized use of purchasing card                                    prohibited; penalties.

            It is unlawful for any person to use a state purchase card, issued in accordance with the provisions of section ten-a of this article, to make any purchase of goods or services in a manner which is contrary to the provisions of section ten-a of this article or the rules promulgated pursuant to that section.

            (b) It is unlawful for any person to knowingly or intentionally possess with the intent to use a purchasing card without authorization pursuant to section ten-a or the rules promulgated pursuant to that section.

            (c) Any person who violates the provisions of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary not less than one year nor more than five years, or fined no more than $5,000, or both fined and imprisoned.

            (d) A violation of this section may be prosecuted in the county in which the card was issued, unlawfully obtained, fraudulently used, used without authorization, or where any substantial or material element of the offense occurred.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 306, Budget Bill; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 307, Authorizing community corrections programs to operate pretrial release program; on second reading, having been laid over on yesterday, with amendments pending, was reported by the Clerk.

            An amendment, recommended by the Committee on the Judiciary, was again 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 language:

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.

            Whereupon,

            Delegate Barrett asked and obtained unanimous consent that his amendment be withdrawn, and that he offer another in its stead.

**        On motion of Delegate Barrett, the amendment was amended on page one, line one, by amending the enacting section to read as follows:

            “That §51-10-1, §51-10-2, §51-10-3, §51-10-4, §51-10-5, §51-10-6, §51-10-7, §51-10-8, §51-10-9 and §51-10-10 of the Code of West Virginia, 1931, as amended, be amended and reenacted; to amend said code by adding thereto a new section, designated §51-10-5a, that §62-11C-5 and §62-11C-7 of said code be amended and reenacted; and to amend said code by adding thereto a new article, designated §62-11F-1, §62-11F-2, §62-11F-3, §62-11F-4 and §62-11F-5; all to read as follows:

CHAPTER 51. COURTS AND THEIR OFFICERS.

ARTICLE 10. BAIL BONDSMEN IN CRIMINAL CASES.

§51-10-1. Definitions.

            The words ‘bonding business’ as used in this article mean the business of becoming surety for compensation upon bonds in criminal cases in the State of West Virginia, and the word ‘bondsman’ means any person or corporation engaged either as principal or as agent, clerk, or representative of another in such business.

            When used in this article, these words and terms mean the following:

            (1) ‘Bonding business’ means the business of becoming surety for compensation upon bonds in criminal cases.

            (2) ‘Bail bondsman’ means any person engaged in the bonding business that has satisfied the requirements for being a property and casualty insurance producer as set forth by the Insurance Commission.

            (3) ‘Insurer’ means any domestic, foreign or alien surety company which has been qualified generally to transact surety business.

            (4) ‘Self insurer’ means any person engaged in the bonding business as a bail bondsman who pledges his or her own property as collateral for the bonds on which they serve as surety for compensation.

§51-10-2. Business impressed with public interest.

            The business of becoming surety for compensation upon bonds in criminal cases in the State of West Virginia is impressed with a public interest.

§51-10-3. Procuring business through official or attorney for consideration prohibited.

            (a) It shall be unlawful for any person engaged, either as principal or as the clerk, agent, or representative of a corporation, or another person in the bonding business of becoming surety upon bonds for compensation in the State of West Virginia, either directly or indirectly, to give, donate, lend, contribute, or to promise to give, donate, loan, lend or contribute any money, property, entertainment, or other thing of value whatsoever to any attorney at law, police officer, sheriff, deputy sheriff, constable, jailer, probation officer, clerk, or other attache of a criminal court, or public official of any character, for procuring or assisting in procuring any person to employ said the bondsman to execute as surety any bond for compensation in any criminal case in the State of West Virginia; and

            (b) It shall be unlawful for any attorney at law, police officer, sheriff, deputy sheriff, constable, jailer, probation officer, clerk, bailiff, or other attache of a criminal court, or public official of any character, to accept or receive from any such person engaged in the bonding business any money, property, entertainment, or other thing of value whatsoever for procuring or assisting in procuring any person to employ any bondsman to execute as surety any bond for compensation in any criminal case. in the State of West Virginia.

§51-10-4. Attorneys procuring employment through official or bondsman for consideration prohibited.

            It shall be is unlawful for any attorney at law, either directly or indirectly, to give, loan, donate, contribute, or to promise to give, loan, donate, or contribute any money, property, entertainment, or other thing of value whatsoever to, or to split or divide any fee or commission with, any bondsman, police officer, sheriff, deputy sheriff, constable, probation officer, assistant probation officer, bailiff, clerk or other attache of any criminal court for causing or procuring or assisting in causing or procuring any person to employ such the attorney to represent him in any criminal case in the State of West Virginia.

§51-10-5. Receiving other than regular fee for bonding prohibited; bondsman prohibited from endeavoring to secure dismissal or settlement.

            (a) It shall be is lawful to charge for executing any bond in a criminal case. in the State of West Virginia, and

            (b) It shall be is unlawful for any person or corporation engaged in the bonding business, either as principal, or clerk, agent or representative of another, either directly or indirectly, to charge, accept, or receive any sum of money, or other thing of value, other than the bonding fee from any person for whom he has executed bond, for any other service whatever performed in connection with any indictment or charge, upon which said the person is bailed or held in the State of West Virginia, or in any counties where the court has regulated bonding fees pursuant to section eight nine of this article.

            (c) It shall be is unlawful for any person or corporation engaged in the bonding business, either as principal, clerk, agent, or representative of another, either directly or indirectly, to charge, accept, or receive any sum of money or other thing of value other than the duly authorized maximum bonding fee, from any person for whom he or she has executed bond, for any other service whatever performed in connection with any indictment or charge upon which said the person is bailed or held in the State of West Virginia.

            (d) It also shall be is unlawful for any person or corporation engaged either as principal or as agent, clerk, or representative of another in the bonding business, to settle, or attempt to settle, or to procure or attempt to procure the dismissal of any indictment, information, or charge against any person in custody or held upon bond in the State of West Virginia, with any court, or with the prosecuting attorney, or with any police officer in any court. in the State of West Virginia.

§51-10-5a. Fees and collateral security required by bondsmen.

            (a) The fee required by bail bondsmen shall be at least ten percent of the amount of the bond. Fees (including personal property, real property, indemnity agreement and guarantee) received by such licensee shall not, in the aggregate, exceed the amount of the bond.

            At the discretion of the bail bondsman, the fee may be paid as follows:

            (1) A minimum of a three percent down payment shall be required at the issuance of bond;

            (2) The remaining percentage shall be paid over a period not to exceed twelve months;

            (b) When collateral or security is received by a bail bondsman a receipt shall be furnished to the defendant. Copies of all receipts issued shall be kept by the bail bondsman. All receipts issued shall:

            (1) Be prenumbered by the printer and used and filed in consecutive numerical order;

            (2) Show the name and address of the bail bondsman;

            (3) Show the amount of collateral and date received;

            (4) Show the name of the person accepting collateral; and,

            (5) Show the total amount of the bond for which the collateral is being accepted and the name of the defendant.

            (c) When a bail bond is to be forfeited, the court is to give notification to the bail bondsman within 24 hours of failure to appear.

§51-10-6. Posting names of authorized bondsmen; list to be furnished prisoners; prisoner may communicate with bondsman; record to be kept by police.

            (a) A typewritten or printed list alphabetically arranged An alphabetical list of all persons engaged under the authority of any courts of record pursuant to section eight of this article, in the bail bonding business and licensed by the Insurance Commission, of becoming surety on the bonds for compensation shall be posted in a conspicuous place in each police precinct, jail, prisoner's dock, house of detention, municipal court, and justice of the peace court within the county, magistrate court. and one or more copies thereof kept on hand; and Copies of such list shall be kept on hand by the person in charge of the office.

            (b) When any person who is detained in custody in any such place of detention shall request any person in charge thereof to furnish him the name of a bondsman, or to put him in communication with a bondsman, said list shall be furnished to the person so requesting, When any person is detained in custody in any place of detention requests bail bondsman information, the alphabetical list shall be furnished to the person. The person in charge of the place of detention shall within a reasonable time to put the person so detained in communication with the bondsman so selected by the person in detention.

            (c) and it shall be the duty of The person in charge of said the place of detention within a reasonable time to put the person so detained in communication with the bondsman so selected, and the person in charge of said place of detention shall contemporaneously with said the transaction make in the blotter or book of record kept in any such the place of detention, a record showing the name of the person requesting the bondsman, the offense with which the said person is charged, the time at which the request was made, the bondsman requested, and the person by whom the said bondsman was called, and preserve the same as a permanent record in the book or blotter in which entered.

            (d) The person in charge or any other employee, contractor, agent, assign or staff member of the place of detention shall not make any recommendation, direct or indirect, to the person in detention regarding a preference for a bondsman.

§51-10-7. Bondsman prohibited from entering place of detention unless requested by prisoner; record of visit to be kept.

            (a) It shall be is unlawful for any bondsman, agent, clerk, or representative of any bondsman to enter a police precinct, jail, prisoner's dock, house of detention, justice of the peace court, magistrate court or other place where persons in the custody of the law are detained: in the State of West Virginia,

            (1) For the purpose of obtaining employment as a bondsman;

            (2) Without having been previously called by a person so detained, or by some relative or other authorized person acting for or on behalf of the person so detained, and whenever

            (b) When any person engaged in the bonding business as principal, or as clerk, or representative of another, shall enter enters a police precinct, jail, prisoner's dock, house of detention, justice of the peace court, magistrate court or other place where persons in the custody of the law are detained, in the State of West Virginia, he or she shall forthwith immediately give to the person in charge thereof his or her mission there, purpose, the name of the person calling him or her, and requesting him or her to come, to such place, and the same shall be recorded by the person in charge of the said place of detention and preserved as a public record. and

            (c) The Failure to give such provide the information, or the failure of the person in charge of said the place of detention to make and preserve such a record, shall constitute a violation of this article.

§51-10-8. Qualifications of bondsmen; rules to be prescribed by Supreme Court of Appeals; lists of agents to be furnished; renewal of authority to act; false swearing.

            (a) The Supreme Court of Appeals commissioner shall promulgate , under reasonable rules, legislative rules as he or she considers necessary to carry out the intent, the administration and enforcement of this article, which rules shall be promulgated in accordance with article three, chapter twenty-nine-a of this code.

            (b) The rules shall provide for the qualifications of persons and corporations applying for authority to engage in the bonding business in criminal cases in the State of West Virginia, and the terms and conditions upon which the business may be carried on.

              After September 1, 2004, no person or corporation may, either as principal, or as agent, clerk, or representative of another, engage in the bonding business in any court regularly exercising criminal jurisdiction until qualified pursuant to the rules. The Supreme Court of Appeals,

            (c) The commissioner, in making the rules, and in granting authority to persons to engage engaged in the bonding business, shall take into consideration both the financial responsibility and the moral qualities of the person so applying, and no person may be permitted to engage, either as principal or agent, in the business of becoming surety upon bonds for compensation in criminal cases, who has ever been convicted of any offense involving moral turpitude, or who is not known to be a person of good moral character.

            (d) That the applicant shall provide a qualifying power of attorney from an insurer or delivers a mortgage or lien on real property or negotiable instruments, upon which he or she may provide bail bonds equivalent to two times the amount of such collateral. Such limitations shall not apply where a qualified power of attorney is provided by a regulated insurer or surety company.

            (e) That the applicant shall provide a criminal background check summary which displays the moral qualities of the person so applying. 

            (f) The court The commission shall require every person qualifying to engage in the bonding business as principal:

            (1) To file with the court a list showing the name, age, and residence of each person employed by the bondsman as agent, clerk, or representative in the bonding business, and require an affidavit from each of the persons stating that the person will abide by the terms and provisions of this article.

            (g) The court commission shall require the authority of each of the persons to be renewed from time to time at periods the court may by rule provide. Before the authority may be renewed the court shall require from each of the persons

person authorized as a bail bondsman to renew every three years and file:

            (1) An affidavit stating that since his or her previous qualifications to engage in the bonding business he or she has abided by the provisions of this article, and any person swearing falsely in any of the affidavits is guilty of false swearing; and

            (2) No person seeking to renew his or her qualifications shall be required to submit to the property and casualty licensing procedures for a second time, unless he or she has voluntarily terminated his or her qualifications.

            (h) A person operating as a self insured producer shall provide a monthly report indicating:

            (1) The total number of bail bonds provided in the preceding month; and

            (2) The value of those bonds and the total amount of outstanding collateral remaining upon which bonds may be secured. If the total value of bonds exceeds two times the value of the collateral, the bondsman shall cease operating until the following quarter when he or she provides a report to the commission indicating unencumbered collateral exists to secure the bonds provided by him or her.

            (i) The commission shall furnish an alphabetical list of all approved bail bondsmen to the each place of detention.

            (j) After September 1, 2014, no persons may, either as principal, or as agent, clerk, or representative of another, engage in the bonding business in any court regularly exercising criminal jurisdiction until qualified pursuant to the rules.

            (b) Persons authorized to engage in the bonding business in criminal cases in the State of West Virginia on the effective date of the amendments made to this section during the regular session of the Legislature in 2004 may continue to engage in the business until September 1, 2004.

§51-10-9. Penalties.

            Any person violating any provisions of this article other than in the commission of false swearing shall be punished by a fine of not more than $100, $2,000, or by imprisonment not exceeding six months in the county jail, or both, where no other penalty is provided by this article; and if the person so convicted be is a police officer or other public official, he or she shall upon recommendation of the judge of the criminal court of record of the county to which this article is applicable also be forthwith removed from office; if a bondsman, or the agent, clerk, or representative of a bondsman, he or she shall be disqualified from thereafter engaging in any manner in the bonding business for such a period of time as the judge of the criminal court of record of the county to which this article is applicable shall order; and, if an attorney at law, shall be subject to suspension or disbarment. as attorney at law.

§51-10-10. Enforcement of article.

            It shall be the duty of the judges of the criminal courts of record, the municipal courts, the justices of the peace of the county to which this article is applicable, to see that this article is enforced, and upon the impaneling of each grand jury in the State of West Virginia it shall be the duty of the judge impaneling said jury to give it in charge to the jury to investigate the manner in which this article is enforced and all violations thereof.

            It shall be the duty of the judges of the criminal courts of record, the municipal courts, and magistrates where a person authorized to engage in the bail bonding business conducts his or her business, to see that this article is enforced, and upon the impaneling of each grand jury, it shall be the duty of the judge impaneling said jury to give it in charge to the jury to investigate the manner in which this article is enforced and all violations thereof. If an individual is found in violation of the terms of this article and sentenced pursuant to section ten, then the clerk of the court shall send a copy of the order of conviction to the commission which shall terminate the license of the sentenced individual.

CHAPTER 62. CRIMINAL PROCEDURE.

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 due to his or her inability to post bond.

§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.

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

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 315, Clarifying use of certain funds under Military Authority Act; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 317, Relating to municipal firearm laws; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 344, Expiring funds from State Fund, General Revenue, and making supplemental appropriations to various agencies; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Boggs, the bill was amended on page eleven, line six, by striking out the words “the Governor finds that” and inserting in lieu thereof the words “the Legislature finds that”;

            And,

            On page twenty-five, line seven, after the words “expiring the amount of”, by striking out the number “$1,250,000” and inserting in lieu there of the number “$2,250,000”;

            And,

            On page twenty-eight, following line ten, by inserting the following:

            “And, That the total appropriation for the fiscal year ending June 30, 2014, to fund 0265, fiscal year 2014, organization 0310, be supplemented and amended by adding a new item of appropriation as follows:

TITLE II -- APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF COMMERCE

39-Division of Natural Resources -

(WV Code Chapter 20)

Fund 0265 FY 2014 Org 0310

                                                                                                                                      General

                                                                                                           Act-                   Revenue

                                                                                                           ivity                     Fund

11a      State Park Improvements -

                Surplus (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .      763          $         1,000,000

            Any unexpended balance remaining in the appropriation for State Park Improvements - Surplus (fund 0265, activity 763) at the close of fiscal year 2014 is hereby reappropriated for expenditure during the fiscal year 2015.”

            On motion of Delegate Boggs, the bill was then amended on page eleven, line six, after the words “balances in the”, by inserting the words “Joint Expenses, fund 0175, fiscal year 2008, organization 2300, activity 642,”.

            And,

            On page eighteen, line ten, following the words “ending June 30,2014” and the comma, by inserting the words “in the Joint Expenses, fund 0175, fiscal year 2008, organization 2300, activity 642, be decreased by expiring the amount of $7,000,000, and”.

            And,

            On page thirty-three, line one hundred twelve, following the words “fiscal year 2015” and the period, by inserting the following:

            “And, That the total appropriation for the fiscal year ending June 30, 2014, to fund 0420, fiscal year 2014, organization 0508, be supplemented and amended by increasing an existing item of appropriation as follows:

TITLE II -- APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

BUREAU OF SENIOR SERVICES

91-Bureau of Senior Services -

(WV Code Chapter 29)

Fund 0420 FY 2014 Org 0508

                                                                                                                                      General

                                                                                                           Act-                   Revenue

                                                                                                           ivity                     Fund

1          Transfer to Division of Human

2           Services for Health Care and

3           Title XIX Waiver for

4           Senior Citizens - Surplus (R). . . . . . . . . . . . . . . . . . . .      762          $         7,000,000

            Any unexpended balance remaining in the appropriation for Transfer to Division of Human Services for Health Care and Title XIX Waiver for Senior Citizens - Surplus (fund 0420, activity 762) at the close of fiscal year 2014 is hereby reappropriated for expenditure during the fiscal year 2015.”

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 345, Expiring funds from State Fund, General Revenue, and making supplementary appropriations to MAPS;on second reading, coming up in regular order, was read a second time.

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

            “That the balance of the funds available for expenditure in the fiscal year ending June 30, 2014, to the Joint Expenses, fund 0175, fiscal year 2006, organization 2300, activity 642, be decreased by expiring the amount of $10,000,000, and to the Joint Expenses, fund 0175, fiscal year 2007, organization 2300, activity 642, be decreased by expiring the amount of $10,000,000, and to the Joint Expenses, fund 0175, fiscal year 2008, organization 2300, activity 642, be decreased by expiring the amount of $2,293,000, and to the Joint Expenses, Joint Expense Lottery Fund, fund 1736, fiscal year 2014, organization 2300, be decreased by expiring the amount of $20,000,000, and to the Joint Expenses, Tax Reduction and Federal Funding Increased Compliance, fund 1732, fiscal year 2014, organization 2300, be decreased by expiring the amount of $5,707,000, and to the Attorney General, Consumer Protection Fund, fund 1509, fiscal year 2014, organization 1500, be decreased by expiring the amount of $12,000,000, and to the Department of Revenue, Insurance Commissioner, Insurance Commission Fund, fund 7152, fiscal year 2014, organization 0704, be decreased by expiring the amount of $10,000,000, all to the unappropriated balance of the State Fund, General Revenue, to be available during the fiscal year ending June 30, 2014.

            And, That the total appropriation for the fiscal year ending June 30, 2014, to fund 0570, fiscal year 2014, organization 0621, be supplemented and amended by decreasing existing items of appropriation as follows:

TITLE II - APPROPRIATIONS.

Section 1. Appropriations from general revenue.

DEPARTMENT OF MILITARY AFFAIRS

AND PUBLIC SAFETY

78-Division of Juvenile Services

(WV Code Chapter 49)

Fund 0570 FY 2014 Org 0621

                                                                                                                                      General

                                                                                                           Act-                   Revenue

                                                                                                           ivity                     Fund

3          Robert L. Shell Juvenile Center. . . . . . . . . . . . . . . . . . . .      267          $              50,653

10        Kenneth Honey Rubenstein

11         Juvenile Center (R). . . . . . . . . . . . . . . . . . . . . . . . . . . .       980                        106,445

            And, That the total appropriation for the fiscal year ending June 30, 2014, to fund 0450, fiscal year 2014, organization 0608, be supplemented and amended by adding a new item of appropriation as follows:

TITLE II - APPROPRIATIONS.

Section 1. Appropriations from general revenue.

DEPARTMENT OF MILITARY AFFAIRS

AND PUBLIC SAFETY

74–Division of Corrections -

Correctional Units

(WV Code Chapters 25, 28, 49 and 62)

Fund 0450 FY 2014 Org 0608

                                                                                                                                      General

                                                                                                           Act-                   Revenue

                                                                                                           ivity                     Fund

18a      Investigative Services. . . . . . . . . . . . . . . . . . . . . . . . . . .       716          $            157,098

            The purpose of this supplemental appropriation bill is to supplement, amend, decrease, add a new item and expire items of appropriation in the aforesaid accounts for the designated spending units for expenditure during the fiscal year 2014.”

            The bill was then ordered to third reading.

            S. B. 350, Requiring Agriculture Commissioner propose legislative rules for Rural Rehabilitation Loan Program; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page three, section eleven, line twenty-seven, by striking out subdivision (8) in its entirety, and inserting in lieu thereof a new subdivision (8) to read as follows:

            (8) Transfer the servicing of the program loans to a financial institution via competitive bid or to the State Treasurer’s Office.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 353, Relating to timber theft in state forests; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            S. B. 359, Removing hand canvassing requirements of electronic voting machines; on second reading, coming up in regular order, was read a second time.

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

ARTICLE 4A. ELECTRONIC VOTING SYSTEMS.

§3-4A-28. Post-election custody and inspection of vote-recording devices and electronic poll books; canvass and recounts.

            (a) The vote-recording devices, electronic poll books, tabulating programs and standard validation test ballots are to remain sealed during the canvass of the returns of the election, except that the equipment may be opened for the canvass and must be resealed immediately thereafter. During the seven-day period after the completion of the canvass, any candidate or the local chair of a political party may be permitted to examine any of the sealed materials: Provided, That a notice of the time and place of the examination shall be posted at the central counting center before and on the hour of nine o'clock in the morning on the day the examination is to occur and all persons entitled to be present at the central counting center may, at their option, be present. Upon completion of the canvass and after the seven-day period has expired, the vote-recording devices, test results and standard validation test ballots are to be sealed for one year: Provided, however, That the vote-recording devices, electronic poll books, and all tabulating equipment may be released for use in any other lawful election to be held more than ten days after the canvass is completed and any of the electronic voting equipment or electronic poll books discussed in this section may be released for inspection or review by a request of a circuit court or the Supreme Court of Appeals.

            (b) In canvassing the returns of the election, the board of canvassers shall examine, as required by subsection (d) of this section, all of the vote-recording devices, electronic poll books, the automatic tabulating equipment used in the election and those voter-verified paper ballots generated by direct recording electronic vote machines, shall determine the number of votes cast for each candidate and for and against each question and, by this examination, shall procure the correct returns and ascertain the true results of the election. Any candidate or his or her party representative may be present at the examination.

            (c) If any qualified individual demands a recount of the votes cast at an election, the voter-verified paper ballot shall be used according to the same rules that are used in the original vote count pursuant to section twenty-seven of this article. For purposes of this subsection, ‘qualified individual’ means a person who is a candidate for office on the ballot or a voter affected by an issue, other than an individual's candidacy, on the ballot.

            (d) During the canvass and any requested recount, at least five three percent of the precincts are to be chosen at random and the voter-verified paper ballots are to be counted manually. Whenever the vote total obtained from the manual count of the voter-verified paper ballots for all votes cast in a randomly selected precinct:

            (1) Differs by more than one percent from the automated vote tabulation equipment; or

            (2) Results in a different prevailing candidate or outcome, either passage or defeat, of one or more ballot issues in the randomly selected precincts for any contest or ballot issue, then the discrepancies shall immediately be disclosed to the public and all of the voter-verified paper ballots shall be manually counted. In every case where there is a difference between the vote totals obtained from the automated vote tabulation equipment and the corresponding vote totals obtained from the manual count of the voter-verified paper ballots, the manual count of the voter-verified paper ballots is the vote of record.”

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 365, Excepting certain Ethics Act provisions for elected conservation district supervisors; on second reading, coming up in regular order, was read a second time.

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

            “That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §19-21A-4a, to read as follows:

CHAPTER 19. AGRICULTURE.

ARTICLE 21A. CONSERVATION DISTRICTS.

§19-21A-4a. Administration of West Virginia Conservation Agency programs; legislative rules.

            (a) If an elected conservation district supervisor applies or intends to apply to participate in a West Virginia Conservation Agency program, then all applications for that particular program in that particular district shall be evaluated and approved by a conservation district other than the one being supervised by the elected conservation district supervisor.

            (b) The State Conservation Committee shall propose rules for legislative approval, pursuant to article three, chapter twenty-nine-a of this code, to establish:

            (1) The criteria, ranking and standards required for an applicant to qualify to participate in West Virginia Conservation Agency programs;

            (2) A process to disclose the recipients of the award; and

            (3) The process for an unsuccessful qualified applicant to appeal an award.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 379, Reclassifying counties; on second reading, coming up in regular order, was read a second time.

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

            “That §7-7-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted, to read as follows:

ARTICLE 7. COMPENSATION OF ELECTED COUNTY OFFICIALS.

§7-7-4. Compensation of elected county officials and county commissioners for each class of county; effective date.

            (1) The increased salaries to be paid to the county commissioners and the other elected county officials described in this subsection section on and after July 1, 2006 2014, are set out in subdivisions (5) and (7) of this subsection. Every county commissioner and elected county official in each county, whose term of office commenced prior to or on or after July 1, 2006, shall receive the same annual salary by virtue of legislative findings of extra duties as set forth in section one of this article.

            (2) Before the increased salaries, as set out in subdivisions (5) and (7) of this subsection, are paid to the county commissioners and the elected county officials, the following requirements must be met:

            (A) The Auditor has certified that the proposed annual county budget fiscal condition of the county, considering costs, revenues, liabilities, and significant trends of the same; maintenance standards; and the commitment to the provision of county services for the fiscal year beginning the first days of July 1, 2006, has increased sufficiently improved over the previous fiscal year years in so that there exists an amount sufficient for the payment of the increase in the salaries set out in subdivisions (5) and (7) of this subsection and the related employment taxes: Provided, That the Auditor may not approve the budget provide the certification for the payment of the increase in the salaries where any proposed annual county budget containing anticipated receipts which are unreasonably greater or lesser than that of the previous year. For purposes of this subdivision subsection, the term ‘receipts’ does not include unencumbered fund balance or federal or state grants: Provided, That the Auditor shall not be held liable for relying upon information and data provided by a county commission in assessing the county’s fiscal condition or a proposed annual county budget; and

            (B) Each county commissioner or other elected official described in this subsection in office on the effective date of the increased salaries provided by this subsection who desires to receive the increased salary has prior to that date filed in the office of the clerk of the county commission his or her written agreement to accept the salary increase. The salary for the person who holds the office of county commissioner or other elected official described in this subsection who fails to file the written agreement as required by this paragraph shall be the salary for that office in effect immediately prior to the effective date of the increased salaries provided by this subsection until the person vacates the office or his or her term of office expires, whichever first occurs. Each county commissioner or other elected official described in this subsection in office on the effective date of the increased salaries provided by this section who desires to receive the increased salary has prior to that date filed in the office of the clerk of the county commission his or her written request for the salary increase. The salary for the person who holds the office of county commissioner or other elected official described in this section who fails to file the written request as required by this paragraph shall be the salary for that office in effect immediately prior to the effective date of the increased salaries provided by this section until the person vacates the office or his or her term of office expires, whichever first occurs.

            Any request for a salary increase shall use the following language:

            I [name of office holder] the duly elected [name of office] in and for the County of [name of county], West Virginia, do hereby request a salary increase pursuant to W. Va. Code §7-7-4, as amended. This salary increase is effective July 1, 2014.

            [Signature of office holder]

            [Date]

            (3) If the Auditor has failed to certify that there is an insufficient projected increase in revenues to pay the increased

an amount sufficient for the payment of the increase in the salaries and the related employment taxes pursuant to section, then the salaries of that county’s elected officials and commissioners shall remain at the level in effect at the time certification was sought.

            (4) In any county having a tribunal in lieu of a county commission, the county commissioners of that county may be paid less than the minimum salary limits of the county commission for that particular class of the county.

            (5) Prior to July 1, 2014:

COUNTY COMMISSIONERS

                                          Class I                                           $36,960

                                          Class II                                         $36,300

                                          Class III                                        $35,640

                                          Class IV                                        $34,980

                                          Class V                                         $34,320

                                          Class VI                                        $28,380

                                          Class VII                                      $27,720

                                          Class VIII                                     $25,080

                                          Class IX                                        $24,420

                                          Class X                                         $19,800

            After June 30, 2014:

COUNTY COMMISSIONERS

                                          Class I                                           $41,395

                                          Class II                                         $40,656

                                          Class III                                        $39,917

                                          Class IV                                        $39,178

                                          Class V                                         $38,438

                                          Class VI                                        $31,786

                                          Class VII                                      $31,046

                                          Class VIII                                     $28,090

                                          Class IX                                        $27,350

                                          Class X                                         $22,176

            (6) For the purpose of determining the salaries to be paid to the elected county officials of each county, the salaries for each county office by class, set out in subdivision (7) of this subsection, are established and shall be used by each county commission in determining the salaries of each of their county officials other than salaries of members of the county commission.

            (7) Prior to July 1, 2014:

OTHER ELECTED OFFICIALS

                                                         County            Circuit                                      Prosecuting

                                 Sheriff            Clerk               Clerk               Assessor           Attorney

Class I $44,880        $55,440           $55,440           $44,880           $ 96,600

Class II                    $44,220           $54,780           $54,780           $44,220            $ 94,400

Class III                   $43,890           $53,460           $53,460           $43,890            $ 92,200

Class IV                   $43,560           $53,154           $53,154           $43,560            $ 90,000

Class V                    $43,230           $52,800           $52,800           $43,230            $ 87,800

Class VI                   $42,900           $49,500           $49,500           $42,900            $ 59,400

Class VII                 $42,570           $48,840           $48,840           $42,570            $ 56,760

Class VIII                $42,240           $48,180           $48,180           $42,240            $ 54,120

Class IX                   $41,910           $47,520           $47,520           $41,910            $ 50,160

Class X                    $38,280           $42,240           $42,240           $38,280            $ 46,200

            After June 30, 2014:

OTHER ELECTED OFFICIALS

                                                         County            Circuit                                      Prosecuting

                                 Sheriff            Clerk               Clerk               Assessor           Attorney

Class I $50,266        $62,093           $62,093           $50,266           $108,192

Class II                    $49,526           $61,354           $61,354           $49,526            $105,728

Class III                   $49,157           $59,875           $59,875           $49,157            $103,264

Class IV                   $48,787           $59,532           $59,532           $48,787            $100,800

Class V                    $48,418           $59,136           $59,136           $48,418            $98,336

Class VI                   $48,048           $55,440           $55,440           $48,048            $66,528

Class VII                 $47,678           $54,701           $54,701           $47,678            $63,571

Class VIII                $47,309           $53,962           $53,962           $47,309            $60,614

Class IX                   $46,939           $53,222           $53,222           $46,939            $56,179

Class X                    $42,874           $47,309           $47,309           $42,874            $51,744

            (8) Any county clerk, circuit clerk, county assessor, prosecuting attorney or sheriff of a Class I through Class V county, inclusive, any assessor or any sheriff of a Class VI through Class IX county, inclusive, shall devote full-time to his or her public duties to the exclusion of any other employment: Provided, That any public official, whose term of office begins when his or her county’s classification imposes no restriction on his or her outside activities, may not be restricted on his or her outside activities during the remainder of the term for which he or she is elected.

            (9) Notwithstanding provisions of this code to the contrary, after June 30, 2014, any prosecuting attorney that is employed by a county on a part-time basis shall be paid a salary of $57,500.

            An amendment to the amendment, offered by Delegates Reynolds and Andes, was reported by the Clerk.

            Whereupon,

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

            An amendment to the amendment, offered by Delegate Boggs then was adopted on page one, line six, by inserting a new section to read as follows:

            7-7-1. Legislative findings and purpose.

            (a) The Legislature finds that it has, since January 1, 2003 2007, consistently and annually imposed upon the county commissioners, sheriffs, county and circuit clerks, assessors and prosecuting attorneys in each county board, new and additional duties by the enactment of new provisions and amendments to this code. The new and additional duties imposed upon the aforesaid county officials by these enactments are such that they would justify the increases in compensation as provided in section four of this article, without violating the provisions of section thirty-eight, article VI of the Constitution of West Virginia.

            (b) The Legislature further finds that there are, from time to time, additional duties imposed upon all county officials through the acts of the Congress of the United States and that such acts constitute new and additional duties for county officials and, as such, justify the increases in compensation as provided by section four of this article, without violating the provisions of section thirty-eight, article VI of the Constitution of West Virginia.

            (c) The Legislature further finds that there is a direct correlation between the total assessed property valuations of a county on which the salary levels of the county commissioners, sheriffs, county and circuit clerks, assessors and prosecuting attorneys are based, and the new and additional duties that each of these officials is required to perform as they serve the best interests of their respective counties. Inasmuch as the reappraisal of the property valuations in each county has now been accomplished, the Legislature finds that a change in classification of counties by virtue of increased property valuations will occur on an infrequent basis. However, it is the further finding of the Legislature that when such change in classification of counties does occur, that new and additional programs, economic developments, requirements of public safety and the need for new services provided by county officials all increase, that the same constitute new and additional duties for county officials as their respective counties reach greater heights of economic development, as exemplified by the substantial increases in property valuations and, as such, justify the increases in compensation provided in section four of this article, without violating the provisions of section thirty-eight, article VI of the Constitution of West Virginia.

            (d) The Legislature further finds and declares that the amendments enacted to this article are intended to modify the provisions of this article so as to cause the same to be in full compliance with the provisions of the Constitution of West Virginia and to be in full compliance with the decisions of the Supreme Court of Appeals of West Virginia.”

            And,

            On page one, section four, line fifteen, following the words “July 1”, by striking out the number “2006” and inserting in lieu thereof the number “2014”;

            And,

            On page six, section four, following line twelve, by striking out subdivision (9) in its entirety;

            And,

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

            “That §7-7-1 and §7-7-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:”

            Delegate P. Smith requested to be excused from voting on the passage of Com. Sub. for S. B. 379 under the provisions of House Rule 49.

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

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

            The bill was then ordered to third reading.

            S. B. 380, Redefining “all-terrain and utility terrain vehicles”; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 391, Providing salary increase for teachers and school service personnel; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page four, section two, by striking out lines fifty-two through ninety-one and inserting in lieu thereof the following:

STATE MINIMUM SALARY SCHEDULE

Years

4th

3rd

2nd

 

A.B.

 

M.A.

M.A.

M.A.

Doc-

Exp.

Class

Class

Class

A.B.

+15

M.A.

+15

+30

+45

torate

 

 

 

 

 

 

 

 

 

 

 

0

27,917

28,606

28,872

30,315

31,076

32,843

33,604

34,365

35,126

36,161

1

28,245

28,934

29,200

30,833

31,594

33,362

34,123

34,883

35,644

36,679

2

28,574

29,262

29,528

31,352

32,113

33,880

34,641

35,402

36,163

37,198

3

28,902

29,590

29,856

31,871

32,631

34,399

35,160

35,920

36,681

37,716

4

29,474

30,162

30,428

32,633

33,394

35,162

35,923

36,683

37,444

38,479

5

29,802

30,490

30,756

33,152

33,913

35,680

36,441

37,202

37,963

38,998

6

30,130

30,818

31,084

33,670

34,431

36,199

36,960

37,720

38,481

39,516

7

30,458

31,147

31,412

34,189

34,950

36,717

37,478

38,239

39,000

40,035

8

30,786

31,475

31,741

34,707

35,468

37,236

37,997

38,757

39,518

40,553

9

31,114

31,803

32,069

35,226

35,987

37,754

38,515

39,276

40,037

41,072

10

31,443

32,131

32,397

35,746

36,506

38,274

39,035

39,796

40,556

41,591

11

31,771

32,459

32,725

36,264

37,025

38,793

39,553

40,314

41,075

42,110

12

32,099

32,787

33,053

36,783

37,543

39,311

40,072

40,833

41,593

42,628

13

32,427

33,115

33,381

37,301

38,062

39,830

40,590

41,351

42,112

43,147

14

32,755

33,443

33,709

37,820

38,580

40,348

41,109

41,870

42,630

43,665

15

33,083

33,771

34,037

38,338

39,099

40,867

41,627

42,388

43,149

44,184

16

33,411

34,099

34,365

38,857

39,617

41,385

42,146

42,907

43,667

44,702

17

33,739

34,428

34,693

39,375

40,136

41,904

42,665

43,425

44,186

45,221

18

34,067

34,756

35,022

39,894

40,655

42,422

43,183

43,944

44,705

45,740

19

34,395

35,084

35,350

40,412

41,173

42,941

43,702

44,462

45,223

46,258

20

34,723

35,412

35,678

40,931

41,692

43,459

44,220

44,981

45,742

46,777

21

35,052

35,740

36,006

41,449

42,210

43,978

44,739

45,499

46,260

47,295

22

35,380

36,068

36,334

41,968

42,729

44,496

45,257

46,018

46,779

47,814

23

35,708

36,396

36,662

42,487

43,247

45,015

45,776

46,536

47,297

48,332

24

36,036

36,724

36,990

43,005

43,766

45,534

46,294

47,055

47,816

48,851

25

36,364

37,052

37,318

43,524

44,284

46,052

46,813

47,574

48,334

49,369

26

36,692

37,380

37,646

44,042

44,803

46,571

47,331

48,092

48,853

49,888

27

37,020

37,708

37,974

44,561

45,321

47,089

47,850

48,611

49,371

50,406

28

37,348

38,037

38,302

45,079

45,840

47,608

48,368

49,129

49,890

50,925

29

37,676

38,365

38,631

45,598

46,358

48,126

48,887

49,648

50,408

51,443

30

38,004

38,693

38,959

46,116

46,877

48,645

49,405

50,166

50,927

51,962

31

38,333

39,021

39,287

46,635

47,396

49,163

49,924

50,685

51,445

52,480

32

38,661

39,349

39,615

47,153

47,914

49,682

50,443

51,203

51,964

52,999

33

38,989

39,677

39,943

47,672

48,433

50,200

50,961

51,722

52,483

53,518

34

39,317

40,005

40,271

48,190

48,951

50,719

51,480

52,240

53,001

54,036

35

39,645

40,333

40,599

48,709

49,470

51,237

51,998

52,759

53,520

54,555

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 395, Relating to operation and oversight of certain human services benefit programs; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 409, Relating to education reform; 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 on page three, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

            “That §18-2-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §18-2E-5 of said code be amended and reenacted; that §18-9A-7 of said code be amended and reenacted; that §18A-2-3 and §18A-2-7a of said code be amended and reenacted; that §18A-3-1, §18A-3-1a, §18A-3-1b and §18A-3-2a of said code be amended and reenacted; that §18A-4-7a of said code be amended and reenacted; that §18B-1D-4 of said code be amended and reenacted; and that §18B-3C-4 of said code be amended and reenacted, all to read as follows:

CHAPTER 18. EDUCATION.

ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-5. Powers and duties generally; specific powers and duties for alternatives that improve student learning. public school entrance age; ‘public schools’ not to include kindergartens.

            (a) Subject to and in conformity with the Constitution and laws of this state, the state Board of Education shall exercise general supervision of the public schools of the state, and shall make rules in accordance with the provisions of article three-b, chapter twenty-nine-a of this code for carrying into effect the laws and policies of the state relating to education, including rules relating to standards for performance and measures of accountability, the physical welfare of pupils, the education of all children of school age, school attendance, evening and continuation or part-time day schools, school extension work, the classification of schools, the issuing of certificates upon credentials, the distribution and care of free textbooks by the county boards of education, the general powers and duties of county boards of education, and of teachers, principals, supervisors and superintendents, and such other matters pertaining to the public schools of the state as may seem to the state board to be necessary and expedient.

            Notwithstanding any other provision of law which may be to the contrary, and notwithstanding the rule-making powers given to the state Board of Education by this section, a child shall not be permitted to enter the public schools of this state in any school year, beginning with the school year 1983-1984, unless such child be six years of age prior to September 1, of such school year or is attending public school in accordance with article twenty of this chapter: Provided, That children who have successfully completed a kindergarten program in the school year 1982-1983, may enter the public schools notwithstanding the provisions of this section. The term ‘public schools’ as used in the preceding sentence shall not be deemed to include public kindergartens, but nothing herein shall prevent a county board from permitting a child enrolled in kindergarten from entering public schools for attendance in particular curriculum areas.

            The state board shall develop a three-year plan to provide for the transition to developmental programming and instruction to be provided to the students in kindergarten through fourth grade and further shall, include the method of information dissemination in order to provide for parental preparation, and further shall, in conjunction with the professional development center, develop an ongoing program for training of principals and classroom teachers in methods of instruction to implement the developmental program. The existing developmental programs throughout the state shall be involved in this process and shall be provided an opportunity to assist in pilot programs to begin no later than September 1, 1991. The plan shall be fully implemented by September 1, 1993.

            (b) The state board in the exercise of its authority for the general supervision of the public schools must do so as provided by general law. Included within this general law is the process for improving education which has been recognized by the court as the method chosen by the Legislature to measure whether a thorough and efficient system of education is being provided. Further recognized is that the resulting student learning is the ultimate measure of a thorough education and it must be achieved in an efficient manner. To achieve this result, the state board in the exercise of its authority for the general supervision of the public schools must use its judgement and reasonable discretion to balance the need for local autonomy and flexibility for schools and school districts to deliver a thorough and efficient education that meets the standards for student learning with the letter of the laws as enacted for school operation. The purpose of this subsection is to authorize the state board to approve alternative measures to optimize student learning that meet the spirit and intent of the affected statutes in the following enumerated areas and subject to the further enumerated limitations:

            (1) With respect to optimizing student learning, the Legislature makes the following findings:

            (A) Maximizing academic learning time is a critical factor needed to improve student learning and requires multiple strategies and policies that support great teaching and learning;

            (B) Academic learning time is that portion of instructional time during the school day in which a student is paying attention, receiving instruction that is appropriately leveled and learning is taking place. Academic learning time must not be assumed to be desk time for students and may be achieved through a variety of methods that actively engage students in learning;

            (C) Maximizing academic learning time requires providing teachers with the resources and support needed to engage students in meaningful, appropriately leveled learning for as much time as is possible during the school day and providing teachers with sufficient planning time to develop engaging, differentiated instruction for all students in all classes;

            (D) An increasing body of knowledge concludes that in addition to individual planning time, collaborative time for teachers to undertake and sustain school improvement may be as important as facilities, equipment and staff development for maximizing academic learning time and improving student learning. Unless teachers are collectively involved in the planning and implementation of school improvement, it is unlikely to be sustained;

            (E) Successful schools are distinguishable from unsuccessful ones by the frequency and extent to which teachers discuss professional practices, collectively design materials and inform and critique one another. Even successful schools must be self-renewing systems, learning organizations marked by deliberate effort to identify helpful knowledge and spread its use within the organization; and

            (F) Schools themselves given sufficient control over their own programs and supportive district leadership and policies may be best suited to determine the variety of methods through which time during the school day is allocated to enable teachers to plan individually and collectively to maximize academic learning time. Examples of methods used by successful schools include, but are not limited to, scheduling, use of special subject teachers and guest presenters, using time set aside for staff development, alternative staff utilization patterns and providing opportunities for administrators to teach, and the use of accrued instructional time;

            (2) Alternatives are warranted and may be approved by the state board on a case-by-case basis when a county board submits a comprehensive plan for optimizing student learning that reflects an understanding of the findings set forth in subdivision (1) of this subsection and:

            (A) Achieves the spirit and intent of providing students with the instructional time necessary to meet or exceed the high quality standards for student performance adopted by the state board;

            (B) Ensures sufficient time within the instructional term to promote the improvement of instruction and instructional practices, subject to the following;

            (C) Incorporates a school calendar approved in accordance with the approval process required pursuant to section forty-five, article five of this chapter;

            (D) Preserves the minimum time requirements for a daily planning period and duty-free lunch provided in section fourteen, article four, chapter eighteen-a of this code, but allows for an alternative school-level determination of provisions affecting the school day, other than the right to a duty-free lunch, and only if the determination is made in the form of a school policy that is a part of the school’s strategic improvement plan and approved by a vote of two thirds of the faculty senate; and

            (E) The sole purpose of the alternatives are to improve student learning and the resulting improvement in student learning is evident within a reasonable period.

            The state board shall promulgate a rule for the implementation of this subdivision;

            (3) To make the statewide summative assessment a meaningful assessment of a student’s level of proficiency in the subjects tested, the state board shall establish a method for applying a student’s individual score on the statewide summative assessment in the subjects tested toward up to ten percent of the final grade of the student in those subjects. A student’s score on the statewide summative assessment, when applied to the student’s final grade, may not be the sole reason for the student’s failure to pass the subject. The state board shall report annually to the Legislative Oversight Commission on Education Accountability on its progress for implementation of the method beginning with the statewide summative assessment administered during the school year 2015-2016 and may propose alternative methods for implementation; and

            (4) To allow sufficient time for aligning and improving the professional practices and strategies employed by teachers to enable students to achieve the revised standards and assessments adopted by the state board, and for students to become accustomed to the new assessments, the student score results of the statewide summative assessment administered during the school years 2013-2014 and 2014-2015 may be used only for judging school performance, assessing the effectiveness of instructional delivery and the needs for additional professional development and training, and such other purposes as the state board determines necessary to improve student performance. Use of the results to improve the performance of the individual teachers of the subjects tested may not include their use for personnel decisions pursuant to an individual teacher’s evaluation as provided in section two, article three-c, chapter eighteen of this code until the results of the 2015-2016 statewide summative assessment are first used in this manner for the 2016-2017 professional personnel evaluations of teachers in these subjects.

ARTICLE 2E. HIGH-QUALITY EDUCATIONAL PROGRAMS.

§18-2E-5. Process for improving education; education standards; statewide assessment program; accountability measures; Office of Education Performance Audits; school accreditation and school system approval; intervention to correct low performance.

            (a) Legislative findings, purpose and intent. -- The Legislature makes the following findings with respect to the process for improving education and its purpose and intent in the enactment of this section:

            (1) The process for improving education includes four primary elements, these being:

            (A) Standards which set forth the knowledge and skills that students should know and be able to perform as the result of a thorough and efficient education that prepares them for the twenty-first century, including measurable criteria to evaluate student performance and progress;

            (B) Assessments of student performance and progress toward meeting the standards;

            (C) A system of accountability for continuous improvement defined by high-quality standards for schools and school systems articulated by a rule promulgated by the state board and outlined in subsection (c) of this section that will build capacity in schools and districts to meet rigorous outcomes that assure student performance and progress toward obtaining the knowledge and skills intrinsic to a high-quality education rather than monitoring for compliance with specific laws and regulations; and

            (D) A method for building the capacity and improving the efficiency of schools and school systems to improve student performance and progress;

            (2) As the constitutional body charged with the general supervision of schools as provided by general law, the state board has the authority and the responsibility to establish the standards, assess the performance and progress of students against the standards, hold schools and school systems accountable and assist schools and school systems to build capacity and improve efficiency so that the standards are met, including, when necessary, seeking additional resources in consultation with the Legislature and the Governor;

            (3) As the constitutional body charged with providing for a thorough and efficient system of schools, the Legislature has the authority and the responsibility to establish and be engaged constructively in the determination of the knowledge and skills that students should know and be able to do as the result of a thorough and efficient education. This determination is made by using the process for improving education to determine when school improvement is needed, by evaluating the results and the efficiency of the system of schools, by ensuring accountability and by providing for the necessary capacity and its efficient use;

            (4) In consideration of these findings, the purpose of this section is to establish a process for improving education that includes the four primary elements as set forth in subdivision (1) of this subsection to provide assurances that the high-quality standards are, at a minimum, being met and that a thorough and efficient system of schools is being provided for all West Virginia public school students on an equal education opportunity basis; and

            (5) The intent of the Legislature in enacting this section and section five-c of this article is to establish a process through which the Legislature, the Governor and the state board can work in the spirit of cooperation and collaboration intended in the process for improving education to consult and examine the performance and progress of students, schools and school systems and, when necessary, to consider alternative measures to ensure that all students continue to receive the thorough and efficient education to which they are entitled. However, nothing in this section requires any specific level of funding by the Legislature.

            (b) Electronic county and school strategic improvement plans. -- The state board shall promulgate a rule consistent with the provisions of this section and in accordance with article three-b, chapter twenty-nine-a of this code establishing an electronic county strategic improvement plan for each county board and an electronic school strategic improvement plan for each public school in this state. Each respective plan shall be a five-year plan that includes for a period of no more than five years and shall include the mission and goals of the school or school system to improve student, school or school system performance and progress, as applicable. The strategic plan shall be revised annually in each area in which the school or system is below the standard on the annual performance measures. The plan shall be revised when required pursuant to this section to include each annual performance measure upon which the school or school system fails to meet the standard for performance and progress, the action to be taken to meet each measure, a separate time line and a date certain for meeting each measure, a cost estimate and, when applicable, the assistance to be provided by the department and other education agencies to improve student, school or school system performance and progress to meet the annual performance measure.

            The department shall make available to all public schools through its website or the West Virginia Education Information System an electronic school strategic improvement plan boilerplate designed for use by all schools to develop an electronic school strategic improvement plan which incorporates all required aspects and satisfies all improvement plan requirements of the No Child Left Behind Act.

            (c) High-quality education standards and efficiency standards. -- In accordance with the provisions of article three-b, chapter twenty-nine-a of this code, the state board shall adopt and periodically review and update high-quality education standards for student, school and school system performance and processes in the following areas:

            (1) Curriculum;

            (2) Workplace readiness skills;

            (3) Finance;

            (4) Transportation;

            (5) Special education;

            (6) Facilities;

            (7) Administrative practices;

            (8) Training of county board members and administrators;

            (9) Personnel qualifications;

            (10) Professional development and evaluation;

            (11) Student performance, progress and attendance;

            (12) Professional personnel, including principals and central office administrators, and service personnel attendance;

            (13) School and school system performance and progress;

            (14) A code of conduct for students and employees;

            (15) Indicators of efficiency; and

            (16) Any other areas determined by the state board.

            (d) Comprehensive statewide student assessment program. -- The state board shall establish a comprehensive statewide student assessment program to assess student performance and progress in grades three through twelve. The assessment program is subject to the following:

            (1) The state board shall promulgate a rule in accordance with the provisions of article three-b, chapter twenty-nine-a of this code establishing the comprehensive statewide student assessment program;

            (2) Prior to the 2014-2015 school year, the state board shall align the comprehensive statewide student assessment for all grade levels in which the test is given with the college-readiness standards adopted pursuant to section thirty-nine, article two of this chapter or develop other aligned tests to be required at each grade level so that progress toward college readiness in English/language arts and math can be measured;

            (3) The state board may require that student proficiencies be measured through the ACT EXPLORE and the ACT PLAN assessments or other comparable assessments, which are approved by the state board and provided by future vendors;

            (4) The state board may require that student proficiencies be measured through the West Virginia writing assessment at any grade levels determined by the state board to be appropriate; and

            (5) The state board may provide through the statewide assessment program other optional testing or assessment instruments applicable to grade levels kindergarten through grade twelve which may be used by each school to promote student achievement. The state board annually shall publish and make available, electronically or otherwise, to school curriculum teams and teacher collaborative processes the optional testing and assessment instruments.

            (e) State annual performance measures for school and school system accreditation. --

            The state board shall promulgate a rule in accordance with the provisions of article three-b, chapter twenty-nine-a of this code that establishes a system to assess and weigh annual performance measures for state accreditation of schools and school systems. The state board also may establish performance incentives for schools and school systems as part of the state accreditation system. On or before December 1, 2013, the state board shall report to the Governor and to the Legislative Oversight Commission on Education Accountability the proposed rule for establishing the measures and incentives of accreditation and the estimated cost therefore, if any. Thereafter, the state board shall provide an annual report to the Governor and to the Legislative Oversight Commission on Education Accountability on the impact and effectiveness of the accreditation system. The rule for school and school system accreditation proposed by the board may include, but is not limited to, the following measures:

            (1) Student proficiency in English and language arts, math, science and other subjects determined by the board;

            (2) Graduation and attendance rate;

            (3) Students taking and passing AP tests;

            (4) Students completing a career and technical education class;

            (5) Closing achievement gaps within subgroups of a school’s student population; and

            (6) Students scoring at or above average attainment on SAT or ACT tests.

            (f) Indicators of efficiency. -- In accordance with the provisions of article three-b, chapter twenty-nine-a of this code, the state board shall adopt by rule and periodically review and update indicators of efficiency for use by the appropriate divisions within the department to ensure efficient management and use of resources in the public schools in the following areas:

            (1) Curriculum delivery including, but not limited to, the use of distance learning;

            (2) Transportation;

            (3) Facilities;

            (4) Administrative practices;

            (5) Personnel;

            (6) Use of regional educational service agency programs and services, including programs and services that may be established by their assigned regional educational service agency or other regional services that may be initiated between and among participating county boards; and

            (7) Any other indicators as determined by the state board.

            (g) Assessment and accountability of school and school system performance and processes. -- In accordance with the provisions of article three-b, chapter twenty-nine-a of this code, the state board shall establish by rule a system of education performance audits which measures the quality of education and the preparation of students based on the annual measures of student, school and school system performance and progress. The system of education performance audits shall provide information to the state board, the Legislature and the Governor, upon which they may determine whether a thorough and efficient system of schools is being provided. The system of education performance audits shall include:

            (1) The assessment of student, school and school system performance and progress based on the annual measures established pursuant to subsection (e) of this section;

            (2) The evaluation of records, reports and other information collected by the Office of Education Performance Audits upon which the quality of education and compliance with statutes, policies and standards may be determined;

            (3) The review of school and school system electronic strategic improvement plans; and

            (4) The on-site review of the processes in place in schools and school systems to enable school and school system performance and progress and compliance with the standards.

            (h) Uses of school and school system assessment information. -- The state board shall use information from the system of education performance audits to assist it in ensuring that a thorough and efficient system of schools is being provided and to improve student, school and school system performance and progress. Information from the system of education performance audits further shall be used by the state board for these purposes, including, but not limited to, the following:

            (1) Determining school accreditation and school system approval status;

            (2) Holding schools and school systems accountable for the efficient use of existing resources to meet or exceed the standards; and

            (3) Targeting additional resources when necessary to improve performance and progress.

            The state board shall make accreditation information available to the Legislature, the Governor, the general public and to any individual who requests the information, subject to the provisions of any act or rule restricting the release of information.

            (i) Early detection and intervention programs. -- Based on the assessment of student, school and school system performance and progress, the state board shall establish early detection and intervention programs using the available resources of the Department of Education, the regional educational service agencies, the Center for Professional Development and the Principals Academy, as appropriate, to assist underachieving schools and school systems to improve performance before conditions become so grave as to warrant more substantive state intervention. Assistance shall include, but is not limited to, providing additional technical assistance and programmatic, professional staff development, providing monetary, staffing and other resources where appropriate.             (j) Office of Education Performance Audits. --

            (1) To assist the state board in the operation of a system of education performance audits, the state board shall establish an Office of Education Performance Audits consistent with the provisions of this section. The Office of Education Performance Audits shall be operated under the direction of the state board independently of the functions and supervision of the State Department of Education and state superintendent. The Office of Education Performance Audits shall report directly to and be responsible to the state board in carrying out its duties under the provisions of this section.

            (2) The office shall be headed by a director who shall be appointed by the state board and who serves at the will and pleasure of the state board. The annual salary of the director shall be set by the state board and may not exceed eighty percent of the salary cap of the State Superintendent of Schools.

            (3) The state board shall organize and sufficiently staff the office to fulfill the duties assigned to it by law and by the state board. Employees of the State Department of Education who are transferred to the Office of Education Performance Audits shall retain their benefits and seniority status with the Department of Education.

            (4) Under the direction of the state board, the Office of Education Performance Audits shall receive from the West Virginia education information system staff research and analysis data on the performance and progress of students, schools and school systems, and shall receive assistance, as determined by the state board, from staff at the State Department of Education, the regional education service agencies, the Center for Professional Development, the Principals Academy and the School Building Authority to carry out the duties assigned to the office.

            (5) In addition to other duties which may be assigned to it by the state board or by statute, the Office of Education Performance Audits also shall:

            (A) Assure that all statewide assessments of student performance used as annual performance measures are secure as required in section one-a of this article;

            (B) Administer all accountability measures as assigned by the state board, including, but not limited to, the following:

            (i) Processes for the accreditation of schools and the approval of school systems; and

            (ii) Recommendations to the state board on appropriate action, including, but not limited to, accreditation and approval action;

            (C) Determine, in conjunction with the assessment and accountability processes, what capacity may be needed by schools and school systems to meet the standards established by the state board and recommend to the state board plans to establish those needed capacities;

            (D) Determine, in conjunction with the assessment and accountability processes, whether statewide system deficiencies exist in the capacity of schools and school systems to meet the standards established by the state board, including the identification of trends and the need for continuing improvements in education, and report those deficiencies and trends to the state board;

            (E) Determine, in conjunction with the assessment and accountability processes, staff development needs of schools and school systems to meet the standards established by the state board and make recommendations to the state board, the Center for Professional Development, the regional educational service agencies, the Higher Education Policy Commission and the county boards;

            (F) Identify, in conjunction with the assessment and accountability processes, school systems and best practices that improve student, school and school system performance and communicate those to the state board for promoting the use of best practices. The state board shall provide information on best practices to county school systems; and

            (G) Develop reporting formats, such as check lists, which shall be used by the appropriate administrative personnel in schools and school systems to document compliance with applicable laws, policies and process standards as considered appropriate and approved by the state board, which may include, but is not limited to, the following:

            (i) The use of a policy for the evaluation of all school personnel that meets the requirements of sections twelve and twelve-a, article two, chapter eighteen-a of this code;

            (ii) The participation of students in appropriate physical assessments as determined by the state board, which assessment may not be used as a part of the assessment and accountability system;

            (iii) The appropriate licensure of school personnel; and

            (iv) The appropriate provision of multicultural activities.

            Information contained in the reporting formats is subject to examination during an on-site review to determine compliance with laws, policies and standards. Intentional and grossly negligent reporting of false information are grounds for dismissal of any employee.

            (k) On-site reviews. --

            (1) The system of education performance audits shall include on-site reviews of schools and school systems which shall be conducted only at the specific direction of the state board upon its determination that circumstances exist that warrant an on-site review. Any discussion by the state board of schools to be subject to an on-site review or dates for which on-site reviews will be conducted may be held in executive session and is not subject to the provisions of article nine-a, chapter six of this code relating to open governmental proceedings. An on-site review shall be conducted by the Office of Education Performance Audits of a school or school system for the purpose of making recommendations to the school and school system, as appropriate, and to the state board on such measures as it considers necessary. The investigation may include, but is not limited to, the following:

            (A) Verifying data reported by the school or county board;

            (B) Examining compliance with the laws and policies affecting student, school and school system performance and progress;

            (C) Evaluating the effectiveness and implementation status of school and school system electronic strategic improvement plans;

            (D) Investigating official complaints submitted to the state board that allege serious impairments in the quality of education in schools or school systems;

            (E) Investigating official complaints submitted to the state board that allege that a school or county board is in violation of policies or laws under which schools and county boards operate; and

            (F) Determining and reporting whether required reviews and inspections have been conducted by the appropriate agencies, including, but not limited to, the State Fire Marshal, the Health Department, the School Building Authority and the responsible divisions within the Department of Education, and whether noted deficiencies have been or are in the process of being corrected.

            (2) The Director of the Office of Education Performance Audits shall notify the county superintendent of schools five school days prior to commencing an on-site review of the county school system and shall notify both the county superintendent and the principal five school days before commencing an on-site review of an individual school: Provided, That the state board may direct the Office of Education Performance Audits to conduct an unannounced on-site review of a school or school system if the state board believes circumstances warrant an unannounced on-site review.

            (3) The Office of Education Performance Audits shall conduct on-site reviews which are limited in scope to specific areas in which performance and progress are persistently below standard as determined by the state board unless specifically directed by the state board to conduct a review which covers additional areas.

            (4) The Office of Education Performance Audits shall reimburse a county board for the costs of substitutes required to replace county board employees who serve on a review team.

            (5) At the conclusion of an on-site review of a school system, the director and team leaders shall hold an exit conference with the superintendent and shall provide an opportunity for principals to be present for at least the portion of the conference pertaining to their respective schools. In the case of an on-site review of a school, the exit conference shall be held with the principal and curriculum team of the school and the superintendent shall be provided the opportunity to be present. The purpose of the exit conference is to review the initial findings of the on-site review, clarify and correct any inaccuracies and allow the opportunity for dialogue between the reviewers and the school or school system to promote a better understanding of the findings.

            (6) The Office of Education Performance Audits shall report the findings of an on-site review to the county superintendent and the principals whose schools were reviewed within thirty days following the conclusion of the on-site review. The Office of Education Performance Audits shall report the findings of the on-site review to the state board within forty-five days after the conclusion of the on-site review. A school or county that believes one or more findings of a review are clearly inaccurate, incomplete or misleading, misrepresent or fail to reflect the true quality of education in the school or county or address issues unrelated to the health, safety and welfare of students and the quality of education, may appeal to the state board for removal of the findings. The state board shall establish a process for it to receive, review and act upon the appeals. The state board shall report to the Legislative Oversight Commission on Education Accountability during its July interim meetings, or as soon thereafter as practical, on each appeal during the preceding school year.

            (7) The Legislature finds that the accountability and oversight of some activities and programmatic areas in the public schools are controlled through other mechanisms and agencies and that additional accountability and oversight may be unnecessary, counterproductive and impair necessary resources for teaching and learning. Therefore, the Office of Education Performance Audits may rely on other agencies and mechanisms in its review of schools and school systems.

            (l) School accreditation. --

            (1) The state board shall establish levels of accreditation to be assigned to schools. The establishment of levels of accreditation and the levels shall be subject to the following:

            (A) The levels will be designed to demonstrate school performance in all the areas outlined in this section and also those established by the state board;

            (B) The state board shall promulgate legislative rules in accordance with the provisions of article three-b, chapter twenty-nine-a of this code to establish the performance and standards required for a school to be assigned a particular level of accreditation; and

            (C) The state board will establish the levels of accreditation in such a manner as to minimize the number of systems of school recognition, both state and federal, that are employed to recognize and accredit schools.

            (2) The state board annually shall review the information from the system of education performance audits submitted for each school and shall issue to every school a level of accreditation as designated and determined by the state board.

            (3) The state board, in its exercise of general supervision of the schools and school systems of West Virginia, may exercise any or all of the following powers and actions:

            (A) To require a school to revise its electronic strategic plan;

            (B) To define extraordinary circumstances under which the state board may intervene directly or indirectly in the operation of a school;

            (C) To appoint monitors to work with the principal and staff of a school where extraordinary circumstances are found to exist, and to appoint monitors to assist the school principal after intervention in the operation of a school is completed;

            (D) To direct a county board to target resources to assist a school where extraordinary circumstances are found to exist;

            (E) To intervene directly in the operation of a school and declare the position of principal vacant and assign a principal for the school who will serve at the will and pleasure of the state board. If the principal who was removed elects not to remain an employee of the county board, then the principal assigned by the state board shall be paid by the county board. If the principal who was removed elects to remain an employee of the county board, then the following procedure applies:

            (i) The principal assigned by the state board shall be paid by the state board until the next school term, at which time the principal assigned by the state board shall be paid by the county board;

            (ii) The principal who was removed is eligible for all positions in the county, including teaching positions, for which the principal is certified, by either being placed on the transfer list in accordance with section seven, article two, chapter eighteen-a of this code, or by being placed on the preferred recall list in accordance with section seven-a, article four, chapter eighteen-a of this code; and

            (iii) The principal who was removed shall be paid by the county board and may be assigned to administrative duties, without the county board being required to post that position until the end of the school term; and

            (F) Such Other powers and actions the state board determines necessary to fulfill its duties of general supervision of the schools and school systems of West Virginia.

            (4) The county board may take no action nor refuse any action if the effect would be to impair further the school in which the state board has intervened.

            (m) School system approval. -- The state board annually shall review the information submitted for each school system from the system of education performance audits and issue one of the following approval levels to each county board: Full approval, temporary approval, conditional approval or nonapproval.

            (1) Full approval shall be given to a county board whose schools have all been given full, temporary or conditional accreditation status and which does not have any deficiencies which would endanger student health or safety or other extraordinary circumstances as defined by the state board. A fully approved school system in which other deficiencies are discovered shall remain on full accreditation status for the remainder of the approval period and shall have an opportunity to correct those deficiencies, notwithstanding other provisions of this subsection.

            (2) Temporary approval shall be given to a county board whose education system is below the level required for full approval. Whenever a county board is given temporary approval status, the county board shall revise its electronic county strategic improvement plan in accordance with subsection (b) of this section to increase the performance and progress of the school system to a full approval status level. The revised plan shall be submitted to the state board for approval.

            (3) Conditional approval shall be given to a county board whose education system is below the level required for full approval, but whose electronic county strategic improvement plan meets the following criteria:

            (A) The plan has been revised in accordance with subsection (b) of this section;

            (B) The plan has been approved by the state board; and       (C) The county board is meeting the objectives and time line specified in the revised plan.

            (4) Nonapproval status shall be given to a county board which fails to submit and gain approval for its electronic county strategic improvement plan or revised electronic county strategic improvement plan within a reasonable time period as defined by the state board or which fails to meet the objectives and time line of its revised electronic county strategic improvement plan or fails to achieve full approval by the date specified in the revised plan.

            (A) The state board shall establish and adopt additional standards to identify school systems in which the program may be nonapproved and the state board may issue nonapproval status whenever extraordinary circumstances exist as defined by the state board.

            (B) Whenever a county board has more than a casual deficit, as defined in section one, article one of this chapter, the county board shall submit a plan to the state board specifying the county board’s strategy for eliminating the casual deficit. The state board either shall approve or reject the plan. If the plan is rejected, the state board shall communicate to the county board the reason or reasons for the rejection of the plan. The county board may resubmit the plan any number of times. However, any county board that fails to submit a plan and gain approval for the plan from the state board before the end of the fiscal year after a deficit greater than a casual deficit occurred or any county board which, in the opinion of the state board, fails to comply with an approved plan may be designated as having nonapproval status.

            (C) Whenever nonapproval status is given to a school system, the state board shall declare a state of emergency in the school system and shall appoint a team of improvement consultants to make recommendations within sixty days of appointment for correcting the emergency. When the state board approves the recommendations, they shall be communicated to the county board. If progress in correcting the emergency, as determined by the state board, is not made within six months from the time the county board receives the recommendations, the state board shall intervene in the operation of the school system to cause improvements to be made that will provide assurances that a thorough and efficient system of schools will be provided. This intervention may include, but is not limited to, the following:

            (i) Limiting the authority of the county superintendent and county board as to the expenditure of funds, the employment and dismissal of personnel, the establishment and operation of the school calendar, the establishment of instructional programs and rules and any other areas designated by the state board by rule, which may include delegating decision-making authority regarding these matters to the state superintendent;

            (ii) Declaring that the office of the county superintendent is vacant;

            (iii) Delegating to the state superintendent both the authority to conduct hearings on personnel matters and school closure or consolidation matters and, subsequently, to render the resulting decisions and the authority to appoint a designee for the limited purpose of conducting hearings while reserving to the state superintendent the authority to render the resulting decisions;

            (iv) Functioning in lieu of the county board of education in a transfer, sale, purchase or other transaction regarding real property; and

            (v) Taking any direct action necessary to correct the emergency including, but not limited to, the following:

            (I) Delegating to the state superintendent the authority to replace administrators and principals in low performing schools and to transfer them into alternate professional positions within the county at his or her discretion; and

            (II) Delegating to the state superintendent the authority to fill positions of administrators and principals with individuals determined by the state superintendent to be the most qualified for the positions. Any authority related to intervention in the operation of a county board granted under this paragraph is not subject to the provisions of article four, chapter eighteen-a of this code;

             (1) The state board shall establish levels of accreditation to be assigned to school systems.

            (A) The levels shall be designed to demonstrate school system performance in all the areas outlined in this section and also those established by the state board.

            (B) The state board shall promulgate legislative rules in accordance with the provisions of article three-b, chapter twenty-nine-a of this code to establish the performance and standards required for a school system to be assigned a particular level of accreditation.

            (C) The state board shall establish the levels of accreditation to minimize the number of systems of school system recognition, both state and federal, that are employed to recognize and accredit school systems.

            (2) The state board annually shall review the information from the system of education performance audits submitted for each school system and shall issue to every school system a level of accreditation as designated and determined by the state board.

            (3) The state board, in its exercise of general supervision of the schools and school systems of West Virginia, may:

            (A) Require a school system to revise its electronic strategic plan;

            (B) Define extraordinary circumstances under which the state board may intervene directly or indirectly in the operation of a school system;

            (C) Whenever a county board has more than a casual deficit, as defined in section one, article one of this chapter, require the county board to submit a plan to the state board specifying the county board’s strategy for eliminating the casual deficit. The state board either shall approve or reject the plan. If the plan is rejected, the state board shall communicate to the county board the reason or reasons for the rejection of the plan. The county board may resubmit the plan any number of times. However, when a county board fails to submit a plan and gain approval for the plan from the state board before the end of the fiscal year after a deficit greater than a casual deficit occurred or when a county board which, in the opinion of the state board, fails to comply with an approved plan, then the state board may declare that a state of emergency exists for the county board;

            (D) Whenever a state of emergency is declared in a school system, then, except for a state of emergency declared pursuant to the provisions of paragraph (C) of this subdivision, appoint a team of improvement consultants to make recommendations within sixty days of appointment for correcting the emergency. When the state board approves the recommendations, they shall be communicated to the county board. If progress in correcting the emergency, as determined by the state board, is not made within six months from the time the county board receives the recommendations of the team of improvement, then the state board shall intervene in the operation of the school system to cause improvements to be made that will provide assurances that a thorough and efficient system of schools will be provided. This intervention may include, but is not limited to, the following:

            (i) Limiting the authority of the county superintendent and county board as to the expenditure of funds, the employment and dismissal of personnel, the establishment and operation of the school calendar, the establishment of instructional programs and rules and any other areas designated by the state board by rule, which may include delegating decision-making authority regarding these matters to the state superintendent;

            (ii) Declaring that the office of the county superintendent is vacant, and that the professional personnel who serve at the will and pleasure of the county superintendent as provided in section one, article two, chapter eighteen-a of this code are terminated and subject to re-employment;

            (iii) Delegating to the state superintendent both the authority to conduct hearings on personnel matters and school closure or consolidation matters and, subsequently, to render the resulting decisions and the authority to appoint a designee for the limited purpose of conducting hearings while reserving to the state superintendent the authority to render the resulting decisions;

            (iv) Functioning in lieu of the county board of education in a transfer, sale, purchase or other transaction regarding real property; and

            (v) Taking any direct action necessary to correct the emergency including, but not limited to, the following:

            (I) Delegating to the state superintendent the authority to replace administrators and principals in low performing schools and to transfer them into alternate professional positions within the county at his or her discretion; and

            (II) Delegating to the state superintendent the authority to fill positions of administrators and principals with individuals determined by the state superintendent to be the most qualified for the positions. Any authority related to intervention in the operation of a county board granted under this paragraph is not subject to the provisions of article four, chapter eighteen-a of this code.

            (n) Notwithstanding any other provision of this section, the state board may intervene immediately in the operation of the county school system with all the powers, duties and responsibilities contained in subsection (m) of this section, if the state board finds the following:

            (1) That the conditions precedent to intervention exist as provided in this section; and that delaying intervention for any period of time would not be in the best interests of the students of the county school system; or

            (2) That the conditions precedent to intervention exist as provided in this section and that the state board had previously intervened in the operation of the same school system and had concluded that intervention within the preceding five years.

            (o) Capacity. -- The process for improving education includes a process for targeting resources strategically to improve the teaching and learning process. Development of electronic school and school system strategic improvement plans, pursuant to subsection (b) of this section, is intended, in part, to provide mechanisms to target resources strategically to the teaching and learning process to improve student, school and school system performance. When deficiencies are detected through the assessment and accountability processes, the revision and approval of school and school system electronic strategic improvement plans shall ensure that schools and school systems are efficiently using existing resources to correct the deficiencies. When the state board determines that schools and school systems do not have the capacity to correct deficiencies, the state board shall take one or more of the following actions:

            (1) Work with the county board to develop or secure the resources necessary to increase the capacity of schools and school systems to meet the standards and, when necessary, seek additional resources in consultation with the Legislature and the Governor;

            (2) The state board shall Recommend to the appropriate body including, but not limited to, the Legislature, county boards, schools and communities methods for targeting resources strategically to eliminate deficiencies identified in the assessment and accountability processes. When making determinations on recommendations, the state board shall include, but is not limited to, the following methods:

            (1) (A) Examining reports and electronic strategic improvement plans regarding the performance and progress of students, schools and school systems relative to the standards and identifying the areas in which improvement is needed;

            (2) (B) Determining the areas of weakness and of ineffectiveness that appear to have contributed to the substandard performance and progress of students or the deficiencies of the school or school system and requiring the school or school system to work collaboratively with the West Virginia Department of Education State System of Support to correct the deficiencies;

            (3) (C) Determining the areas of strength that appear to have contributed to exceptional student, school and school system performance and progress and promoting their emulation throughout the system;

            (4) (D) Requesting technical assistance from the School Building Authority in assessing or designing comprehensive educational facilities plans;

            (5) (E) Recommending priority funding from the School Building Authority based on identified needs;

            (6) (F) Requesting special staff development programs from the Center for Professional Development, the Principals Academy, higher education, regional educational service agencies and county boards based on identified needs;

            (7) (G) Submitting requests to the Legislature for appropriations to meet the identified needs for improving education;

            (8) (H) Directing county boards to target their funds strategically toward alleviating deficiencies;

            (9) (I) Ensuring that the need for facilities in counties with increased enrollment are appropriately reflected and recommended for funding;

            (10) (J) Ensuring that the appropriate person or entity is held accountable for eliminating deficiencies; and

            (11) (K) Ensuring that the needed capacity is available from the state and local level to assist the school or school system in achieving the standards and alleviating the deficiencies; and

            (3) During an intervention in the operation of a county school system or school, the state school board shall require the county board to be actively involved in the intervention and improvement process to assure sustained success of any deficient school system or school and to build governance capacity within a period of not more than five years. At a minimum, the county board shall be required to work in tandem with the county superintendent to gather, analyze and interpret data, write time-specific goals to correct deficiencies, prepare and implement action plans and allocate or request from the state board of education the resources, including board development training and coaching, necessary to achieve and sustain approved goals subject to the following:

            (A) The goals and action plans shall be approved by the state board;

            (B) The state superintendent shall maintain oversight and provide assistance and feedback to the county board;

            (C) The county board shall attend governance education and development activities identified and coordinated by the West Virginia School Board Association based on the state board approved effectiveness standards;

            (D) The West Virginia School Board Association shall complete a board training needs analysis and seek approval for the board development activities through the Training Standards Review Committee of the state board;

            (E) Support for governance education and development activities for the county board and school improvement, leadership and student performance activities for schools shall be made available through the state superintendent, regional education service agencies, Center for Professional Development, West Virginia School Board Association, Office of Education Performance Audits and West Virginia Education Information System; and

            (F) Readiness of the county board to accept and sustain the return of control of the system or school from the state board shall be recommended to the state board by the state superintendent in consultation with and upon the recommendation of the West Virginia School Board Association and the Office of Education Performance Audits supported by documented evidence that the county has met the goals and objectives for compliance.

            If at the end of the five-year period the state board in its sole determination finds that the county board is not ready to accept and sustain return of control from the state board, or at any time within three years of the return of control to the county board, the state board may continue or reassume intervention only after the state board holds a public hearing at which the full attendance by the county board in the affected county is requested so that the concerns of the citizens of that county may be heard. Following the termination of an intervention in the operation of a school system, support for governance education and development shall continue as needed for up to three years.

ARTICLE 9A. PUBLIC SCHOOL SUPPORT.

§18-9A-7. Foundation allowance for transportation cost.

            (a) The allowance in the foundation school program for each county for transportation shall be is the sum of the following computations:

            (1) A percentage of the transportation costs incurred by the county for maintenance, operation and related costs exclusive of all salaries, including the costs incurred for contracted transportation services and public utility transportation, as follows:

            (A) For each high-density county, eighty-seven and one-half percent;

            (B) For each medium-density county, ninety percent;

            (C) For each low-density county, ninety-two and one-half percent;

            (D) For each sparse-density county, ninety-five percent;

            (E) For any county for the transportation cost for maintenance, operation and related costs, exclusive of all salaries, for transporting students to and from classes at a multicounty vocational center, the percentage provided in paragraphs (A) through (D) of this subdivision as applicable for the county plus an additional ten percent; and

            (F) For any county for that portion of its school bus system that uses as an alternative fuel compressed natural gas or propane, the percentage provided in paragraphs (A) through (D) of this subdivision as applicable for the county plus an additional ten percent: Provided, That for any county receiving an additional ten percent for that portion of their bus system using bio diesel as an alternative fuel during the school year 2012-2013, bio diesel shall continue to qualify as an alternative fuel under this paragraph to the extent that the additional percentage applicable to that portion of the bus system using bio diesel shall be decreased by two and one-half percent per year for four consecutive school years beginning in school year 2014-2015: Provided, however, That any county using an alternative fuel and qualifying for the additional allowance under this subdivision shall submit a plan regarding the intended future use of alternatively fueled school buses;

            (2) The total cost, within each county, of insurance premiums on buses, buildings and equipment used in transportation;

            (3) An amount equal to eight and one-third percent of the current replacement value of the bus fleet within each county as determined by the state board. The amount shall may only be used for the replacement of buses. Buses purchased after July 1, 1999, that are driven one hundred eighty thousand miles, regardless of year model, will be are subject to the replacement value of eight and one-third percent as determined by the state board. In addition, in any school year in which its net enrollment increases when compared to the net enrollment the year immediately preceding, a school district may apply to the state superintendent for funding for an additional bus or buses. The state superintendent shall make a decision regarding each application based upon an analysis of the individual school district’s net enrollment history and transportation needs: Provided, That the superintendent shall may not consider any application which fails to document that the county has applied for federal funding for additional buses. If the state superintendent finds that a need exists, a request for funding shall be included in the budget request submitted by the state board for the upcoming fiscal year; and

            (4) Aid in lieu of transportation equal to the state average amount per pupil for each pupil receiving the aid within each county.

            (b) The total state share for this purpose shall be is the sum of the county shares: Provided, That no county shall may receive an allowance which is greater than one-third above the computed state average allowance per transportation mile multiplied by the total transportation mileage in the county exclusive of the allowance for the purchase of additional buses.

            (c) One half of one percent of the transportation allowance distributed to each county shall be is for the purpose of trips related to academic classroom curriculum and not related to any extracurricular activity. Any remaining funds credited to a county for the purpose of trips related to academic classroom curriculum during the fiscal year shall be carried over for use in the same manner the next fiscal year and shall be separate and apart from, and in addition to, the appropriation for the next fiscal year. The state board may request a county to document the use of funds for trips related to academic classroom curriculum if the board determines that it is necessary.

CHAPTER 18A. SCHOOL PERSONNEL.

ARTICLE 2. SCHOOL PERSONNEL.

§18A-2-3. Employment of substitute teachers and retired teachers as substitutes in areas of critical need and shortage; employment of prospective employable professional personnel.

            (a) The county superintendent, subject to approval of the county board, may employ and assign substitute teachers to any of the following duties: (1) To fill the temporary absence of any teacher or an unexpired school term made vacant by resignation, death, suspension or dismissal; (2) to fill a teaching position of a regular teacher on leave of absence; and (3) to perform the instructional services of any teacher who is authorized by law to be absent from class without loss of pay, providing the absence is approved by the board of education in accordance with the law. The substitute shall be a duly certified teacher.

            (b) Notwithstanding any other provision of this code to the contrary, a substitute teacher who has been assigned as a classroom teacher in the same classroom continuously for more than one half of a grading period and whose assignment remains in effect two weeks prior to the end of the grading period, shall remain in the assignment until the grading period has ended, unless the principal of the school certifies that the regularly employed teacher has communicated with and assisted the substitute with the preparation of lesson plans and monitoring student progress or has been approved to return to work by his or her physician. For the purposes of this section, teacher and substitute teacher, in the singular or plural, mean professional educator as defined in section one, article one of this chapter.

            (c) (1) The Legislature hereby finds and declares that due to a shortage of qualified substitute teachers, a compelling state interest exists in expanding the use of retired teachers to provide service as substitute teachers in areas of critical need and shortage. The Legislature further finds that diverse circumstances exist among the counties for the expanded use of retired teachers as substitutes. For the purposes of this subsection, ‘area of critical need and shortage for substitute teachers’ means an area of certification and training in which the number of available substitute teachers in the county who hold certification and training in that area and who are not retired is insufficient to meet the projected need for substitute teachers.

            (2) A person receiving retirement benefits under the provisions of article seven-a, chapter eighteen of this code or who is entitled to retirement benefits during the fiscal year in which that person retired may accept employment as a substitute teacher for an unlimited number of days each fiscal year without affecting the monthly retirement benefit to which the retirant is otherwise entitled if the following conditions are satisfied:

            (A) The county board adopts a policy recommended by the superintendent to address areas of critical need and shortage for substitute teachers;

            (B) The policy sets forth the areas of critical need and shortage for substitute teachers in the county in accordance with the definition of area of critical need and shortage for substitute teachers set forth in subdivision (1) of this subsection;

            (C) The policy provides for the employment of retired teachers as substitute teachers during the school year on an expanded basis in areas of critical need and shortage for substitute teachers as provided in this subsection;

            (D) The policy provides that a retired teacher may be employed as a substitute teacher in an area of critical need and shortage for substitute teachers on an expanded basis as provided in this subsection only when no other teacher who holds certification and training in the area and who is not retired is available and accepts the substitute assignment;

            (E) The retired teacher’s retirement became effective at least forty days before the first instructional term during which he or she is employed as a substitute;

            (F) The positions are posted on the statewide job bank in accordance with section seven-a of this article;

            (E) (G) The policy is effective for one school year only and is subject to annual renewal by the county board;

            (F) (H) The state board approves the policy and the use of retired teachers as substitute teachers on an expanded basis in areas of critical need and shortage for substitute teachers as provided in this subsection; and

            (G) (I) Prior to employment of a substitute teacher beyond the post-retirement employment limitations established by the Consolidated Public Retirement Board, the superintendent of the affected county submits to the state board in a form approved by the state board and the Consolidated Public Retirement Board and the state board, in a form approved by the retirement board, an affidavit signed by the superintendent stating the name of the county, the fact that the county has adopted a policy to employ retired teachers as substitutes to address areas of critical need and shortage, the name or names of the person or persons to be employed pursuant to the policy, the critical need and shortage area position filled by each person, the date that the person gave notice to the county board of the person’s intent to retire, and the effective date of the person’s retirement. Upon verification of compliance with the provisions of this section and section seven-a of this article, and the eligibility of the substitute teacher for employment beyond the post-retirement limit, the state board shall submit the affidavit to the Consolidated Public Retirement Board.

            (3) Any person who retires and begins work as a substitute teacher within the same employment term shall lose those retirement benefits attributed to the annuity reserve, effective from the first day of employment as a retiree substitute in that employment term and ending with the month following the date the retiree ceases to perform service as a substitute.

            (4) Retired teachers employed to perform expanded substitute service pursuant to this subsection are considered day-to-day, temporary, part-time employees. The substitutes are not eligible for additional pension or other benefits paid to regularly employed employees and shall not accrue seniority.

            (5) When a retired teacher is employed as a substitute to fill a vacant position, the county board shall continue to post the vacant position, including posting on the statewide job bank as provided in section seven-a of this article, until it is filled with a regularly employed teacher. fully certified or permitted applicant who is not retired. The state board shall monitor and enforce the provisions of this subsection and section seven-a of this article regarding the posting of positions on the statewide job bank and report to the Legislative Oversight Commission on Education Accountability on its actions.

            (6) Until this subsection is expired pursuant to subdivision (7) of this subsection, the state board, annually, shall report to the Joint Committee on Government and Finance prior to February 1 of each year. Additionally, a copy shall be provided to the Legislative Oversight Commission on Education Accountability. The report shall contain information indicating the effectiveness of the provisions of this subsection on expanding the use of retired substitute teachers to address areas of critical need and shortage including, but not limited to, the number of retired teachers, by critical need and shortage area position filled and by county, employed beyond the post-retirement employment limit established by the Consolidated Public Retirement Board, the date that each person gave notice to the county board of the person’s intent to retire, and the effective date of the person’s retirement.

            (7) The provisions of this subsection shall expire on June 30, 2014 June 30, 2017.

            (d) (1) Notwithstanding any other provision of this code to the contrary, each year a county superintendent may employ prospective employable professional personnel on a reserve list at the county level subject to the following conditions:

            (A) The county board adopts a policy to address areas of critical need and shortage as identified by the state board. The policy shall include authorization to employ prospective employable professional personnel;

            (B) The county board posts a notice of the areas of critical need and shortage in the county in a conspicuous place in each school for at least ten working days; and

            (C) There are not any potentially qualified applicants available and willing to fill the position.

            (2) Prospective employable professional personnel may only be employed from candidates at a job fair who have or will graduate from college in the current school year or whose employment contract with a county board has or will be terminated due to a reduction in force in the current fiscal year.

            (3) Prospective employable professional personnel employed are limited to three full-time prospective employable professional personnel per one hundred professional personnel employed in a county or twenty-five full-time prospective employable professional personnel in a county, whichever is less.

            (4) Prospective employable professional personnel shall be granted benefits at a cost to the county board and as a condition of the employment contract as approved by the county board.

            (5) Regular employment status for prospective employable professional personnel may be obtained only in accordance with the provisions of section seven-a, article four of this chapter.

            (e) The state board annually shall review the status of employing personnel under the provisions of subsection (d) of this section and annually shall report to the Legislative Oversight Commission on Education Accountability on or before November 1 of each year. The report shall include, but not be limited to, the following:

            (A) The counties that participated in the program;

            (B) The number of personnel hired;

            (C) The teaching fields in which personnel were hired;

            (D) The venue from which personnel were employed;

            (E) The place of residency of the individual hired; and

            (F) The state board’s recommendations on the prospective employable professional personnel program.

§18A-2-7a. Statewide job bank.

            (a) The state board shall establish and maintain a statewide job bank to assist with the recruitment of highly qualified professional personnel to fill positions in the public schools and with the recruitment and reemployment of experienced professional personnel whose employment with county boards has been terminated because of a reduction in force. The state board shall collaborate with the higher education policy commission to ensure that students in the teacher preparation programs in the state are informed of the statewide job bank and that the program student placement offices use it to assist students in locating potential employment in the state.

            (b) The job bank shall consist of two three parts for each county:

            (1) A list of the names, qualifications and contact information of all professional personnel who have been terminated because of a reduction in force, except personnel who have requested in writing that they not be listed in the job bank; and

            (2) A list of professional positions position postings for which the county is seeking applicants and appropriate contact and other information to facilitate application for the positions; and

            (3) Information on state and federal loan forgiveness programs for which teachers are eligible when employed at specific schools in the county, in priority recruitment areas or in areas of critical need.

            (c) The job bank shall be accessible electronically to each county and to individuals on a read only basis, except that each county shall have the capability of editing information for the county and shall be responsible for maintaining current information on the county lists.

            (d) An area of critical need is a professional personnel position that has been posted on the statewide job bank for at least ninety consecutive days and no fully certified or permitted applicant has applied. An area critical need position and a priority recruitment area position identified by the state board shall be posted continuously on the statewide job bank until filled with a fully certified or permitted applicant. Continuous posting includes posting during periods of reductions in force in other positions. The posting of a position as an area of critical need position or priority recruitment area position also includes:

            (1) A position in an area of certification that has been filled for one or more instructional terms by a teacher with an out-of-field authorization to teach in that area of certification. These positions shall be continually posted on the statewide job bank after the first year of being filled by a teacher on an out-of-field authorization and until filled by a fully certified or permitted applicant or the position is terminated;

            (2) A vacant position that is filled by a retired teacher as a substitute in accordance with section two of this article. The position shall continue to be a vacant position and shall be posted on the statewide job bank until filled by a fully certified or permitted applicant who is not retired or the position is terminated; and

            (3) A substitute teacher position in an area of certification that has been identified by a county board as an area of critical need and shortage for substitute teachers in accordance with section two of this article and that has been filled by retired teachers for more than one hundred forty days. The position shall be continually posted on the statewide job bank as a substitute teacher position commencing with the first day in excess of one hundred forty that it is filled by one or more retired teachers.

            (e) (1) For the purposes of this section, the term ‘permitted applicant’ includes only:

            (A) A certified teacher issued a permit valid for five years permitting him or her to teach in an area for which he or she is not fully certified while pursuing full certification in that area; and

            (B) A prospective teacher who is issued a teacher-in-residence permit for completion of a teacher-in-residence program in accordance with section one, article three of this chapter; and

            (2) For the purposes of this section, the term ‘fully certified applicant’ also includes an alternative program teacher certificate issued to a person participating in a program in accordance with section one-a, article three of this chapter.

            (f) The provisions of this section and section three of this article related to the required posting of positions on the statewide job bank are effective on and after January 1, 2015.

ARTICLE 3. TRAINING; CERTIFICATION; LICENSING; PROFESSIONAL DEVELOPMENT.

§18A-3-1. Teacher preparation programs; program approval and standards; authority to issue teaching certificates.

            (a) The education of professional educators in the state is under the general direction and control of the state board after consultation with the Secretary of Education and the Arts and the Chancellor for Higher Education who shall represent the interests of educator preparation programs within the institutions of higher education in this state as defined in section two, article one, chapter eighteen-b of this code.

            The education of professional educators in the state includes all programs leading to certification to teach or serve in the public schools. The programs include the following:

            (1) Programs in all institutions of higher education, including student teaching and teacher-in-residence programs as provided in this section;

            (2) Beginning teacher internship and induction, mentoring and professional support programs;

            (3) Granting West Virginia certification to persons who received their preparation to teach outside the boundaries of this state, except as provided in subsection (b) of this section;

            (4) Alternative preparation programs in this state leading to certification, including programs established pursuant to the provisions of section one-a of this article and programs which are in effect on the effective date of this section; and

            (5) Continuing professional education, professional development and in-service training programs for professional educators employed in the public schools in the state.

            (b) After consultation with the Secretary of Education and the Arts and the Chancellor for Higher Education, the state board shall adopt standards for the education of professional educators in the state and for awarding certificates valid in the public schools of this state. The standards include, but are not limited to, the following:

            (1) A provision for the study of multicultural education. As used in this section, ‘multicultural education’ means the study of the pluralistic nature of American society including its values, institutions, organizations, groups, status positions and social roles;

            (2) A provision for the study of classroom management techniques, including methods of effective management of disruptive behavior including societal factors and their impact on student behavior; and

            (3) A teacher from another state shall be awarded a teaching certificate for a comparable grade level and subject area valid in the public schools of this state, subject to section ten of this article, if he or she has met the following requirements:

            (A) Holds a valid teaching certificate or a certificate of eligibility issued by another state;

            (B) Has graduated from an educator preparation program at a regionally accredited institution of higher education;

            (C) Possesses the minimum of a bachelor’s degree; and

            (D) Meets all of the requirements of the state for full certification except employment; and

            (4) A teacher with a valid West Virginia teaching certificate shall be awarded certification to teach in an additional area of certification upon submission of a passing score on the appropriate content area test required of other teachers for certification in that area regardless of whether additional course work was taken in that area.

            (c) The state board may enter into an agreement with county boards for the use of the public schools in order to give prospective teachers the teaching experience needed to demonstrate competence as a prerequisite to certification to teach in the West Virginia public schools.

            (d) An agreement established pursuant to subsection (c) of this section shall recognize student teaching as a joint responsibility of the educator preparation institution and the cooperating public schools. The agreement shall include the following items:

            (1) The minimum qualifications for the employment of public school teachers selected as supervising teachers, including the requirement that field-based and clinical experiences be supervised by a teacher fully certified in the state in which that teacher is supervising;

            (2) The remuneration to be paid to public school teachers by the state board, in addition to their contractual salaries, for supervising student teachers;

            (3) Minimum standards to guarantee the adequacy of the facilities and program of the public school selected for student teaching;

            (4) Assurance that the student teacher, under the direction and supervision of the supervising teacher, shall exercise the authority of a substitute teacher; and

            (5) A provision requiring any higher education institution with an educator preparation program to document that the student teacher’s field-based and clinical experiences include participation and instruction with multicultural, at-risk and exceptional children at each programmatic level for which the student teacher seeks certification;

            (6) A provision authorizing a school or school district that has implemented a comprehensive beginning teacher induction program, to enter into an agreement that provides for the training and supervision of student teachers consistent with the educational objectives of this subsection by using an alternate structure implemented for the support, supervision and mentoring of beginning teachers. The agreement is in lieu of any specific provisions of this subsection and is subject to the approval of the state board.

            (e) Teacher-in-residence programs. --

            (1) In lieu of the provisions of subsections (c) and (d) of this section and subject to approval of the state board, an institution of higher education with a program for the education of professional educators in the state approved by the state board may enter into an agreement with county boards for the use of teacher-in-residence programs in the public schools.

            (2) A ‘teacher-in-residence program’ means an intensively supervised and mentored residency program for prospective teachers during their senior year that refines their professional practice skills and helps them gain the teaching experience needed to demonstrate competence as a prerequisite to certification to teach in the West Virginia public schools.

            (3) The authorization for the higher education institution and the county board to implement a teacher-in-residence program is subject to state board approval. The provisions of the agreement include, but are not limited to, the following items:

            (A) A requirement that the prospective teacher in a teacher-in-residence program shall have completed the content area preparation courses and shall have passed the appropriate basic skills and subject matter test or tests required by the state board for teachers to become certified in the area for which licensure is sought;

            (B) A requirement that the teacher-in-residence serve only in a teaching position in the county which has been posted and for which no other teacher fully certified for the position has been employed;

            (C) Specifics regarding the program of instruction for the teacher-in-residence setting forth the responsibilities for supervision and mentoring by the higher education institution’s educator preparation program, the school principal, and peer teachers and mentors, including providing additional time for the peer teachers or mentors and teacher-in-residence to perform these duties, and the responsibilities for the formal instruction or professional development necessary for the teacher-in-residence to perfect his or her professional practice skills. The program also may include other instructional items as considered appropriate.

            (D) A requirement that the teacher-in-residence hold a teacher-in-residence permit qualifying the individual to teach in his or her assigned position as the teacher of record;

            (E) A requirement that the salary and benefit costs for the position to which the teacher-in-residence is assigned shall be used only for program support and to pay a stipend to the teacher-in-residence as specified in the agreement, subject to the following:

            (i) The teacher-in-residence is a student enrolled in the teacher preparation program of the institution of higher education and is not a regularly employed employee of the county board;

            (ii) The teacher in residence is included on the certified list of employees of the county eligible for state aid funding the same as an employee of the county at the appropriate level based on their permit and level of experience;

            (iii) All state-aid-funding due to the county board for the teacher-in-residence shall be used only in accordance with the agreement with the institution of higher education for support of the program as provided in the agreement, including costs associated with instruction and supervision as set forth in paragraph (C) of this subdivision;

            (iv) The teacher-in-residence is provided the same liability insurance coverage as other employees; and

            (v) All state aid funding due to the county for the teacher- in-residence and not required for support of the program shall be paid as a stipend to the teacher-in-residence: Provided, That the stipend paid to the teacher-in-residence shall be no less than sixty-five percent of all state aid funding due the county for the teacher-in-residence.

            (4) Other provisions that may be required by the state board.

            (f) In lieu of the student teaching experience in a public school setting required by this section, an institution of higher education may provide an alternate student teaching experience in a nonpublic school setting if the institution of higher education meets the following criteria:

            (1) Complies with the provisions of this section;

            (2) Has a state board-approved educator preparation program; and

            (3) Enters into an agreement pursuant to subdivisions (g) and (h) of this section.

            (g) At the discretion of the higher education institution, an agreement for an alternate student teaching experience between an institution of higher education and a nonpublic school shall require one of the following:

            (1) The student teacher shall complete at least one half of the clinical experience in a public school; or

            (2) The educator preparation program shall include a requirement that any student performing student teaching in a nonpublic school shall complete the following:

            (A) At least two hundred clock hours of field-based training in a public school; and

            (B) A course, which is a component of the institution’s state board approved educator preparation program, that provides information to prospective teachers equivalent to the teaching experience needed to demonstrate competence as a prerequisite to certification to teach in the public schools in West Virginia. The course also shall include instruction on at least the following elements:

            (i) State board policy and provisions of this code governing public education;

            (ii) Requirements for federal and state accountability, including the mandatory reporting of child abuse;

            (iii) Federal and state-mandated curriculum and assessment requirements, including multicultural education, safe schools and student code of conduct;

            (iv) Federal and state regulations for the instruction of exceptional students as defined by the Individuals with Disabilities Education Act, 20 U. S. C. §1400 et seq.; and

            (v) Varied approaches for effective instruction for students who are at-risk.

            (h) In addition to the requirements set forth in subsection (g) of this section, an agreement for an alternate student teaching experience between an institution of higher education and a nonpublic school shall include the following:

            (1) A requirement that the higher education institution with an educator preparation program shall document that the student teacher’s field-based and clinical experiences include participation and instruction with multicultural, at-risk and exceptional children at each programmatic level for which the student teacher seeks certification; and

            (2) The minimum qualifications for the employment of school teachers selected as supervising teachers, including the requirement that field-based and clinical experiences be supervised by a teacher fully certified in the state in which that teacher is supervising.

            (i) The state superintendent may issue certificates as provided in section two-a of this article to graduates of educator preparation programs and alternative educator preparation programs approved by the state board. The certificates are issued in accordance with this section and rules adopted by the state board after consultation with the Secretary of Education and the Arts and the Chancellor for Higher Education.

            (1) A certificate to teach may be granted only to a person who meets the following criteria:

            (A) Is a citizen of the United States, except as provided in subdivision (2) of this subsection;

            (B) Is of good moral character;

            (C) Is physically, mentally and emotionally qualified to perform the duties of a teacher; and

            (D) Is at least eighteen years of age on or before October 1 of the year in which his or her certificate is issued.

            (2) A permit to teach in the public schools of this state may be granted to a person who is an exchange teacher from a foreign country or an alien person who meets the requirements to teach.

            (j) In consultation with the Secretary of Education and the Arts and the Chancellor for Higher Education, institutions of higher education approved for educator preparation may cooperate with each other, with the center for professional development and with one or more county boards to organize and operate centers to provide selected phases of the educator preparation program. The phases include, but are not limited to, the following:

            (1) Student teaching and teacher-in-residence programs;

            (2) Beginning teacher internship and induction, mentoring and professional support programs;

            (3) Instruction in methodology; and

            (4) Seminar programs for college students, teachers with provisional certification, professional support team members and supervising teachers.

            By mutual agreement, the institutions of higher education, the center for professional development and county boards may budget and expend funds to operate the centers through payments to the appropriate fiscal office of the participating institutions, the center for professional development and the county boards.

            (k) The provisions of this section do not require discontinuation of an existing student teacher training center or school which meets the standards of the state board.

            (l) All institutions of higher education approved for educator preparation in the 1962-63 school year continue to hold that distinction so long as they meet the minimum standards for educator preparation. Nothing in this section infringes upon the rights granted to any institution by charter given according to law previous to the adoption of this code.

            (m) Definitions. -- For the purposes of this section, the following words have the meanings ascribed to them unless the context clearly indicates a different meaning:

            (1) ‘Nonpublic school’ means a private school, parochial school, church school, school operated by a religious order or other nonpublic school that elects to meet the following conditions:

            (A) Comply with the provisions of article twenty-eight, chapter eighteen of this code;

            (B) Participate on a voluntary basis in a state operated or state sponsored program provided to this type school pursuant to this section; and

            (C) Comply with the provisions of this section;

            (2) ‘At risk’ means a student who has the potential for academic failure, including, but not limited to, the risk of dropping out of school, involvement in delinquent activity or poverty as indicated by free or reduced lunch status; and

            (3) ‘Exceptional child’ or ‘exceptional children’ has the meaning ascribed to these terms pursuant to section one, article twenty, chapter eighteen of this code, but, as used in this section, the terms do not include gifted students.

§18A-3-1a. Alternative programs for the education of teachers; legislative rules required.

            (a) Definitions. -- For the purposes of this section, the following terms have the meaning ascribed to them, unless the context in which a term is used clearly requires a different meaning:

            (1) ‘Alternative program teacher certificate’ means a certificate issued for one year to a candidate who does not meet the standard educational requirements for teacher certification;

            (2) ‘Approved education provider’ means a partnership between one or more schools, school districts or regional educational service agencies and an institution of higher education in this state with a regionally accredited program for the education of professional educators approved by the state board or an entity affiliated with such an institution’s approved program, that and the partnership has submitted to the state board a plan and agreement between the organizations for the delivery of an alternative program in accordance with this section and that the state board has approved; the plan and agreement; and

            (3) ‘Area of critical need and shortage’ means an opening in an established, existing or newly-created position which has been posted at least two times in accordance with section seven-a, article four of this chapter and for which no fully-qualified applicant has been employed.

            (3) ‘Priority recruitment area’ means an area or areas of certification, or a geographic area, school district or specific school, or any combination of these variables, in which the state board determines that the current and projected demand for new teachers in the state’s public schools is not being met or is not likely to be met by the supply of teacher candidates from teacher preparation programs, and therefore, extraordinary measures are warranted if the following conditions are met:

            (A) The state board has examined the supply of teacher candidates from teacher preparation programs in this state and has made projections on the likelihood that the supply will be adequate to meet the known and likely projected demand for new teachers in the state’s public schools considering the known demographic and certification characteristics of the current teaching force, including the extent to which positions are filled by teachers who are less than fully qualified or not regularly employed;

            (B) The state board has established measures to augment the supply of teacher candidates from teacher preparation programs in this state in areas where the projected demand indicates probable shortages through the communication of these areas to the institutions of higher education and the Higher Education Policy Commission, including the establishment of joint efforts to augment the supply as may be necessary; and

            (C) The state board has established measures to ensure that areas of need for fully qualified and regularly employed teachers in the public schools are not due to a failure to access the available supply of candidates and do so in a timely manner. These measures may include, but are not limited to: examining and providing technical assistance, and oversight if necessary, of the efforts of school districts to recruit fully qualified and regularly employed teachers; assisting with the advertisement of openings in established, existing or newly-created positions for which no fully-qualified applicant has been employed; and providing professional development and training specifically designed to promote human resource development and management.

            (b) Establishment of alternative teacher education programs. -– After consultation with the Secretary of Education and the Arts and the Chancellor of the Higher Education Policy Commission, the state board shall promulgate a legislative rule or rules in accordance with article three-b, chapter twenty-nine-a of this code to implement the provisions of this section. The proposed rule or rules shall be submitted to the Legislative Oversight Commission on Education Accountability for review prior to adoption. The rule or rules shall include, but are not limited to, the following issues:

            (1) Separate procedures for the approval and operation of each of the alternative teacher education programs as provided in this section. The standards and procedures required for the operation of alternative preparation programs for teachers are not the same standards and procedures required for regular teacher education programs and the process for approving alternative programs may not employ the same standards and procedures:

            (A) These programs are an alternative to the regular college or university programs for the education of teachers and may only be offered by approved education providers; and

            (B) Each program is separate from other programs established by this section; and

            (C) The primary purpose of the alternative programs is to help meet the need for fully certified and regularly employed teachers in priority recruitment areas. However, nothing prohibits the establishment of an alternative program that meets the requirements of this section in other areas when the positions have been posted at least two times in accordance with section seven-a, article four of this chapter and no fully-qualified applicant has been employed.

            (2) Procedures for approving an approved education provider as defined in this section. Approval is required prior to implementation the provider’s program leading to certification to teach in the public schools of this state;

            (3) An alternative program teacher may not be employed in a school, school district or regional educational service agency unless the school, school district or regional educational service agency is a part of a partnership that qualifies as an approved education provider as defined in subsection (a) of this section;

            (4) Provisions for setting tuition charges, or other charges dedicated solely for program support, to help offset the program costs of the approved education provider;

            (5) The recommendation to rehire an alternative education program teacher is subject to satisfactory progress in the applicable alternative education program by the holder of the alternative program certificate; and

            (6) When making decisions affecting the hiring of a teacher authorized to teach under an alternative program certificate as provided in this section, a county board shall give preference to applicants who hold a valid West Virginia professional teaching certificate.

            (c) Alternative teacher education program. --

            (1) To participate in an approved alternative teacher education program, the candidate must hold an alternative program teacher certificate issued by the state superintendent and endorsed for the instructional field in which the candidate seeks certification.

            (2) The certificate may be renewed twice and no individual may hold an alternative program teacher certificate for a period exceeding three years is valid for two years and may be renewed for one additional year only. The alternative program teacher certificate is equivalent to a professional teaching certificate for the purpose of issuing a continuing contract.

            (3) To be eligible for an alternative program teacher certificate, an applicant shall meet the following criteria:

            (A) Possess at least a bachelor’s degree from a regionally accredited institution of higher education in a discipline taught in the public schools field related to the area in which the individual seeks certification. If the individual is seeking certification in an early childhood or elementary grade level which requires a specific emphasis on instruction in reading, additional education and training in the teaching of reading as determined by the state board is also a requirement for certificate eligibility.

            (B) Pass the same basic skills and subject matter test or tests required by the state board for traditional program candidates to become certified in the area for which licensure is being sought;

            (C) Hold United States citizenship; be of good moral character and be physically, mentally and emotionally qualified to perform the duties of a teacher;

            (D) Attain the age of eighteen years on or before October 1 of the year in which the alternative program teacher certificate is issued;

            (E) Receive a formal offer of employment in an area of critical need and shortage from a county superintendent;

            (F) Qualify for employment following a criminal history check pursuant to section ten of this article;

            (G) In the case of an applicant pursuing certification to teach American Sign Language, in lieu of paragraphs (A) and (B) of this subdivision, the applicant shall possess at least a bachelor’s degree from a regionally accredited institution of higher education and pass an appropriate state board approved test or tests demonstrating the applicant’s proficiency in American Sign Language; and

            (H) In the case of applicants who have at least four years of experience in the subject field and are pursuing certification to teach in selected vocational and technical areas, in lieu of paragraphs (A) and (B) of this subdivision, the applicant shall pass an appropriate state board approved test or tests demonstrating the applicant’s proficiency in the basic skills and occupational content areas.

            (4) A person who satisfies the requirements set forth in subdivision (3) of this subsection shall be granted a formal document authorizing him or her to work in a public school in West Virginia.

            (5) An approved alternative program provides essential knowledge and skills to alternative program teachers through the following phases of training:

            (A) Instruction. -- The alternative preparation program shall provide a minimum of eighteen semester hours of instruction in the areas of student assessment; development and learning; curriculum; classroom management; the use of educational computers and other technology; and special education and diversity. All programs shall contain a minimum of three semester hours of instruction in special education and diversity out of the minimum eighteen required semester hours. Subject to the approval of the state board, An approved education provider may provide this instruction equivalent to the eighteen semester hours required by this paragraph through nontraditional methods, including, but not limited to, methods such as a series of modules covering the various topics, electronically delivered instruction, summer sessions, professional development and job-embedded mentoring equivalent to the eighteen semester hours as set forth in the program plan approved by the state board. This instruction is an integral part of the alternative program and must be provided on a regular basis during the program phases as set forth in the approved program plan.

            (B) Phase I. -- Phase I consists of a period of intensive, on-the-job supervision by the professional support team as provided in the program plan approved by the state board. an assigned mentor and the school administrator for a period of not fewer than two weeks. The assigned mentor shall meet the requirements for a beginning teacher internship mentor set forth in section two-b of this article and shall be