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House Journal


Day 01 (01-13-2010)
Day 02 (01-14-2010)
Day 03 (01-15-2010)
Day 06 (01-18-2010)
Day 07 (01-19-2010)
Day 09 (01-21-2010)
Day 10 (01-22-2010)
Day 13 (01-25-2010)
Day 14 (01-26-2010)
Day 15 (01-27-2010)
Day 16 (01-28-2010)
Day 17 (01-29-2010)
Day 20 (02-01-2010)
Day 21 (02-02-2010)
Day 22 (02-04-2010)
Day 23 (02-04-2010)
Day 24 (02-05-2010)
Day 27 (02-08-2010)
Day 28 (02-09-2010)
Day 29 (02-10-2010)
Day 30 (02-11-2010)
Day 34 (02-15-2010)
Day 35 (02-16-2010)
Day 36 (02-17-2010)
Day 37 (02-18-2010)
Day 38 (02-19-2010)
Day 41 (02-22-2010)
Day 42 (02-23-2010)
Day 43 (02-24-2010)
Day 44 (02-25-2010)
Day 45 (02-26-2010)
Day 48 (03-01-2010)
Day 50 (03-03-2010)
Day 52 (03-05-2010)
Day 55 (03-08-2010)
Day 56 (03-09-2010)
Day 57 (03-10-2010)
Day 58 (03-11-2010)
Day 59 (03-12-2010)
Day 60 (03-13-2010)
hdj2010-03-13-60


__________*__________




Saturday, March 13, 2010

SIXTIETH DAY

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



The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, March 12, 2010, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment of the House of Delegates and requested the House to recede from its amendment to
Com. Sub. for S. B. 230, Relating to Board of Optometry.
On motion of Delegate Boggs, the House of Delegates refused to recede from its amendment and requested the Senate to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Perdue, Campbell and Border.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment of the House of Delegates and requested the House to recede from its amendment to
Com. Sub. for S. B. 480, Relating to public higher education personnel.
On motion of Delegate Boggs, the House of Delegates refused to recede from its amendment and requested the Senate to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates M. Poling, Paxton and Canterbury.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
H. B. 4177, Dedicating five percent of coal severance tax to the county of origin.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, after the article heading by inserting the following:
"§11-13A-4a. Measure of tax on integrated producer and processor of timber products.
For purposes of this section, the term 'green lumber' means boards of wood, that have been sawed from various species of logs in various lengths, widths and thicknesses, but that have not undergone any further processing, including, but not limited to, drying, in a dry kiln, or otherwise.
A person who produces timber and further saws, mills or otherwise manufactures the same into green lumber or other wood products excluding manufacturing by-products for sale, profit or commercial use, shall report twenty-five percent of his gross proceeds from the sale thereof as the gross value of the timber be produced for purposes of the tax imposed under section three-b of this article. Where no sale is made of such saw, milled or otherwise manufactured green lumber or other wood products by such a producer, the amount of the gross value of the same shall be determined according to the provisions of section two of this article used in determining the gross value of similar natural resource products, after application of post severance processing that is generally applied by the industry to obtain commercially marketable or usable natural resource products, which determination may be based on data contained in regularly published independent market reports of the current, arms-length sale of similar products in the vicinity where such post severance processing occurs and twenty-five percent of the amount so determined shall be reported as the gross value of the timber produced for purposes of the tax imposed under section three-b of this article: Provided, That in the case of green lumber that, before its sale, has undergone subsequent processing in a dry kiln, the gross value of such green lumber, before it was transported to the dry kiln for such processing, shall be the gross value, twenty-five percent of which is reported as the gross value of the timber produced for purposes of the tax imposed under section three-b of this article."
And,
By amending the enacting section to read as follows:
"That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §11-13A-4a; and that §11-13A-5a of said code be amended and reenacted, all to read as follows" and a colon.
And by amending the title of the bill to read as follows:
H. B. 4177 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section designated §11-13A-4a; and to amend and reenact §11-13A-5a of said code, all relating to the severance and business privilege tax act; clarifying the measure of tax on integrated producer and processor of timber products; and dedicating five percent of coal severance tax to the county of origin and specifying permissible uses for the money."
On motion of Delegate Boggs, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
H. B. 4593, Relating to high school graduation improvement.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page two, by striking out everything after the enacting clause and inserting in lieu the following:
"That §18-8-1 and §18-8-4 the Code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto a new section, designated §18-8-6; that §18- 9A-21 of said code be amended and reenacted; and that §62-15-4 of said code be amended and reenacted, all to read as follows:
ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE.
§18-8-1. Compulsory school attendance; exemptions.

(a) Compulsory school attendance shall begin with the school year in which the sixth birthday is reached prior to September 1, or upon enrolling in a publicly supported kindergarten program and continue to the sixteenth birthday. Exemption from the foregoing requirements of compulsory public school attendance established in section one-a of this article shall be made on behalf of any child for the causes or conditions set forth in this section. Each cause or condition set forth in this section shall be is subject to confirmation by the attendance authority of the county.
(b) A child shall be is exempt from the compulsory school attendance requirement set forth in subsection (a) of this section section one-a of this article if the requirements of this subsection, relating to instruction in a private, parochial or other approved school, are met. The instruction shall be in a school approved by the county board and for a time equal to the instructional term set forth in section forty-five, article five of this chapter. In all private, parochial or other schools approved pursuant to this subsection it shall be is the duty of the principal or other person in control, upon the request of the county superintendent, to furnish to the county board such information and records as may be required with respect to attendance, instruction and progress of pupils students enrolled. between the entrance age and sixteen years
(c) A child shall be is exempt from the compulsory school attendance requirement set forth in subsection (a) of this section section one-a of this article if the requirements of either subdivision (1) of this subsection or subdivision (2) of this subsection, both relating to home instruction, are met.
(1) The instruction shall be in the home of the child or children or at some other place approved by the county board and for a time equal to the instructional term set forth in section forty- five, article five of this chapter. If the request for home instruction is denied by the county board, good and reasonable justification for the denial shall be furnished in writing to the applicant by the county board. The instruction shall be conducted by a person or persons who, in the judgment of the county superintendent and county board, are qualified to give instruction in subjects required to be taught in public elementary schools in the state. The person or persons providing the instruction, upon request of the county superintendent, shall furnish to the county board information and records as may be required from time to time periodically with respect to attendance, instruction and progress of pupils enrolled between the entrance age and sixteen years students receiving the instruction. The state board shall develop guidelines for the home schooling of special education students including alternative assessment measures to assure that satisfactory academic progress is achieved.
(2) The child meets the requirements set forth in this subdivision: Provided, That the county superintendent may seek from the circuit court of the county an order denying home instruction of the child. The order may be granted upon a showing of clear and convincing evidence that the child will suffer neglect in the child's his or her education or that there are other compelling reasons to deny home instruction.
(A) Annually, the person or persons providing home instruction shall present to the county superintendent or county board a notice of intent to provide home instruction and the name, address, age and grade level of any child of compulsory school age to be instructed: Provided, That if a child is enrolled in a public school, notice of intent to provide home instruction shall be given at least two weeks prior to withdrawing such the child from public school;
(B) The person or persons providing home instruction shall submit satisfactory evidence of a high school diploma or equivalent;
(C) The person or persons providing home instruction shall outline a plan of instruction for the ensuing school year; and
(D) On or before June 30 of each year annually, the person or persons providing home instruction shall obtain an academic assessment of the child for the previous school year and submit the results to the county superintendent. When the academic assessment takes place outside of a public school, the parent or legal guardian shall pay the cost. The requirement of an academic assessment shall be is satisfied in one of the following ways:
(i) The child receiving home instruction takes a nationally normed standardized achievement test to be administered under standardized conditions as set forth by the published instructions of the selected test in the subjects of reading, language, mathematics, science and social studies. Provided, That in no event may The child's parent or legal guardian may not administer the test in any event. The publication date of the chosen test shall may not be more than ten years from the date of the administration of the test is administered. The child shall be is considered to have made acceptable progress when the mean of the child's test results in the required subject areas for any single year meets or exceeds the fiftieth percentile or, if below the fiftieth percentile, shows improvement from the previous year's results;
(ii) The child participates in the testing program currently in use in the state's public schools. The test shall be administered to the child at a public school in the county of residence. Determination of acceptable progress will shall be based on current guidelines of the state testing program;
(iii) The county superintendent is provided with a written narrative indicating that a portfolio of samples of the child's work has been reviewed and that the child's academic progress for the year is in accordance with the child's abilities. If the narrative indicates that the child's academic progress for the year is in accordance with the child's abilities, the child shall be is considered to have made acceptable progress. This narrative shall be prepared by a certified teacher whose certification number shall be provided. The narrative shall include a statement about the child's progress in the areas of reading, language, mathematics, science and social studies and shall note any areas which, in the professional opinion of the reviewer, show need for improvement or remediation; or
(iv) The child completes an alternative academic assessment of proficiency that is mutually agreed upon by the parent or legal guardian and the county superintendent. Criteria for acceptable progress shall be mutually agreed upon by the same parties; and
(E) When the annual assessment fails to show acceptable progress as defined under the appropriate assessment option set forth in paragraph (D) of this subdivision, the person or persons providing home instruction shall initiate a remedial program to foster acceptable progress. and The county board shall notify the parents or legal guardian of the child, in writing, of the services available to assist in the assessment of the child's eligibility for special education services. Provided, That the Identification of a disability shall does not preclude the continuation of home schooling. In the event that the child does not achieve acceptable progress as defined under the appropriate assessment option set forth in paragraph (D) of this subdivision for a second consecutive year, the person or persons providing instruction shall submit to the county superintendent additional evidence that appropriate instruction is being provided.
(3) This subdivision applies to both home instruction exemptions set forth in subdivisions (1) and (2) of this subsection. The county superintendent or a designee shall offer such assistance, including textbooks, other teaching materials and available resources, all subject to availability, as may assist the person or persons providing home instruction. subject to their availability Any child receiving home instruction may upon approval of the county board exercise the option to attend any class offered by the county board as the person or persons providing home instruction may consider appropriate subject to normal registration and attendance requirements.
(d) A child shall be is exempt from the compulsory school attendance requirement set forth in subsection (a) of this section section one-a of this article if the requirements of this subsection, relating to physical or mental incapacity, are met. Physical or mental incapacity consists of incapacity for school attendance and the performance of school work. In all cases of prolonged absence from school due to incapacity of the child to attend, the written statement of a licensed physician or authorized school nurse is required. shall be required under the provisions of this article: Provided, That in all cases, Incapacity shall be narrowly defined and in no any case shall the provisions of this article may not allow for the exclusion of the mentally, physically, emotionally or behaviorally handicapped child otherwise entitled to a free appropriate education.
(e) A child shall be is exempt from the compulsory school attendance requirement set forth in subsection (a) of this section section one-a of this article if conditions rendering school attendance impossible or hazardous to the life, health or safety of the child exist.
(f) A child shall be is exempt from the compulsory school attendance requirement set forth in subsection (a) of this section section one-a of this article upon regular graduation from a standard senior high school or alternate secondary program completion as determined by the state board.
(g) A child shall be is exempt from the compulsory school attendance requirement set forth in subsection (a) of this section section one-a of this article if the child is granted a work permit pursuant to this subsection. After due investigation the county superintendent may after due investigation grant work permits to youths under sixteen years of age, subject to state and federal labor laws and regulations. Provided, That A work permit may not be granted on behalf of any youth who has not completed the eighth grade of school.
(h) A child shall be is exempt from the compulsory school attendance requirement set forth in subsection (a) of this section section one-a of this article if a serious illness or death in the immediate family of the pupil child has occurred. It is expected that the county attendance director will ascertain the facts in all cases of such absences about which information is inadequate and report the facts to the county superintendent.
(i) A child shall be is exempt from the compulsory school attendance requirement set forth in subsection (a) of this section section one-a of this article if the requirements of this subsection, relating to destitution in the home, are met. Exemption based on a condition of extreme destitution in the home may be granted only upon the written recommendation of the county attendance director to the county superintendent following careful investigation of the case. A copy of the report confirming the condition and school exemption shall be placed with the county director of public assistance. This enactment contemplates every reasonable effort that may properly be taken on the part of both school and public assistance authorities for the relief of home conditions officially recognized as being so destitute as to deprive children of the privilege of school attendance. Exemption for this cause shall not be is not allowed when the destitution is relieved through public or private means.
(j) A child shall be is exempt from the compulsory school attendance requirement set forth in subsection (a) of this section section one-a of this article if the requirements of this subsection, relating to church ordinances and observances of regular church ordinances, are met. The county board may approve exemption for religious instruction upon written request of the person having legal or actual charge of a child or children. Provided, That the exemption shall be This exemption is subject to the rules prescribed by the county superintendent and approved by the county board.
(k) A child shall be is exempt from the compulsory school attendance requirement set forth in subsection (a) of this section section one-a of this article if the requirements of this subsection, relating to alternative private, parochial, church or religious school instruction, are met. Exemption shall be made for any child attending any private school, parochial school, church school, school operated by a religious order or other nonpublic school which elects to comply with the provisions of article twenty-eight of this chapter.
(l) The Completion of the eighth grade shall does not exempt any child under sixteen years of age the termination age designated in section one-a of this article from the compulsory attendance provision of this article.
§18-8-4. Duties of attendance director and assistant directors; complaints, warrants and hearings.

(a) The county attendance director and the assistants shall diligently promote regular school attendance. They The director and assistants shall:
(1) Ascertain reasons for inexcusable absences from school of pupils students of compulsory school age and students who remain enrolled beyond the sixteenth birthday the compulsory school age as defined under section one-a of this article; and shall
(2) Take such steps as are, in their discretion, best calculated to correct attitudes of parents and pupils students which result in absences from school even though not clearly in violation of law.
(b) In the case of five consecutive or ten total unexcused absences of a child student during a school year, the attendance director or assistant shall:
(1) Serve written notice to the parent, guardian or custodian of such child the student that the attendance of such child the student at school is required and that within ten days of receipt of the notice the parent, guardian or custodian, accompanied by the child student, shall report in person to the school the child student attends for a conference with the principal or other designated representative of the school in order to discuss and correct the circumstances causing the inexcusable absences of the child student; and if the parent, guardian or custodian does not comply with the provisions of this article, then the attendance director or assistant shall make complaint against the parent, guardian or custodian before a magistrate of the county. If it appears from the complaint that there is probable cause to believe that an offense has been committed and that the accused has committed it, a summons or a warrant for the arrest of the accused shall issue to any officer authorized by law to serve the summons or to arrest persons charged with offenses against the state. More than one parent, guardian or custodian may be charged in a complaint. Initial service of a summons or warrant issued pursuant to the provisions of this section shall be attempted within ten calendar days of receipt of the summons or warrant and subsequent attempts at service shall continue until the summons or warrant is executed or until the end of the school term during which the complaint is made, whichever is later.
(c) The magistrate court clerk, or the clerk of the circuit court performing the duties of the magistrate court as authorized in section eight, article one, chapter fifty of this code, shall assign the case to a magistrate within ten days of execution of the summons or warrant. The hearing shall be held within twenty days of the assignment to the magistrate, subject to lawful continuance. The magistrate shall provide to the accused at least ten days' advance notice of the date, time and place of the hearing.
(d) When any doubt exists as to the age of a child student absent from school, the attendance director shall have has authority to require a properly attested birth certificate or an affidavit from the parent, guardian or custodian of such child the student, stating age of the child. The county attendance director or assistant, shall have student. In the performance of his or her duties, the county attendance director has authority to take without warrant any child student absent from school in violation of the provisions of this article and to place such child the student in the school in which such child he or she is or should be enrolled.
(e) The county attendance director shall devote such time as is required by section three of this article to the duties of attendance director in accordance with this section during the instructional term and at such other times as the duties of an attendance director are required. All attendance directors hired for more than two hundred days may be assigned other duties determined by the superintendent during the period in excess of two hundred days. The county attendance director shall be is responsible under direction of the county superintendent for the efficient administration of efficiently administering school attendance in the county.
(f) In addition to those duties directly relating to the administration of attendance, the county attendance director and assistant directors shall also shall perform the following duties:
(1) Assist in directing the taking of the school census to see that it is taken at the time and in the manner provided by law;
(2) Confer with principals and teachers on the comparison of school census and enrollment for the detection of possible nonenrollees;
(3) Cooperate with existing state and federal agencies charged with enforcement of enforcing child labor laws;
(4) Prepare a report for submission by the county superintendent to the State Superintendent of Schools on school attendance, at such times and in such detail as may be required. The state board shall promulgate a legislative rule pursuant to article three-b, chapter twenty-nine-a of this code that sets forth student absences that shall be are excluded for accountability purposes. The absences that shall be are excluded by the rule shall include, but are not be limited to, excused student absences, students not in attendance due to disciplinary measures and absent students for whom the attendance director has pursued judicial remedies to compel attendance to the extent of his or her authority. The attendance director shall file with the county superintendent and county board of education at the close of each month a report showing activities of the school attendance office and the status of attendance in the county at the time;
(5) Promote attendance in the county by the compilation of compiling data for schools and by furnishing suggestions and recommendations for publication through school bulletins and the press, or in such manner as the county superintendent may direct;
(6) Participate in school teachers' conferences with parents and students;
(7) Assist in such other ways as the county superintendent may direct for improving school attendance;
(8) Make home visits of students who have excessive unexcused absences, as provided above, or if requested by the chief administrator, principal or assistant principal; and
(9) Serve as the liaison for homeless children and youth.
§18-8-6. The High School Graduation Improvement Act.

(a) This section is known and may be cited as 'The High School Graduation Improvement Act'.
(b) The Legislature makes the following findings:
(1) West Virginia has a dire need to implement a comprehensive approach to addressing the high school drop-out crisis, and to develop policies and strategies that successfully assist at-risk students to stay in school, earn a high school diploma, and ultimately become productively contributing members of society;
(2) The current demands for a highly skilled workforce require a high school diploma at the very minimum;
(3) The state has several dynamic programs that are capable of actively engaging students in learning, providing students with a sense of relevancy in academics, and motivating students to succeed in school and ultimately earn a high school diploma;
(4) Raising the compulsory school attendance age alone will neither increase the graduation rate nor decrease the drop-out rate. It is imperative that the state shift the focus from merely compelling students to attend school to instead providing vibrant and engaging programs that allow students to recognize the value of a high school diploma or workforce credential and inspire students to graduate from high school, especially those students who are at risk of dropping out of school;
(5) Investing financially in this focus shift will result in the need for fewer resources to be committed to enforcing compulsory attendance laws and fewer incidents of disruptive student behavior;
(6) Absenteeism is proven to be the highest predictor of course failure. Truant students face low self-confidence in their ability to succeed in school because their absences cause them to fall behind their classmates, and the students find dropping out easier than catching up;
(7) There is a strong relationship between truancy and dropping out of high school. Frequent absences are one of the most common indicators that a student is disengaging from the learning process and likely to drop out of school early. Intervention after fewer absences is likely to have a positive impact on a student's persistence to graduation;
(8) Students cite many reasons for dropping out of school, some of which include engaging in drug culture, lack of positive influence, role model or parental involvement, absence of boundaries and direction, lack of a positive home environment, peer pressure, and poor community expectations;
(9) Dropping out of school has a profound negative impact on an individual's future, resulting in limited job choices, substantially lower wages and less earned over a life-time than high school graduates, and a greater likelihood of depending on public assistance and engaging in criminal activity;
(10) Career-technical education is a dynamic system in West Virginia which offers numerous concentrations that provide students with industry-recognized credentials, while also preparing them for post-secondary education;
(11) All career-technical education students in the state have an opportunity to earn free college credit through the Earn a Degree-Graduate Early (EDGE) program;
(12) The current high school graduation rate for secondary career-technical education completers is significantly higher than the state graduation rate;
(13) Students involved in career-technical education learn a marketable skill, are likely to find jobs, and become prepared for post-secondary education;
(14) A significant number of students who could benefit from participating in a career- technical program are denied access due to a number of factors, such as dropping out of high school prior to enrolling in career-technical education, requirements that students repeat academic courses that they have failed, and scheduling conflicts with the high schools;
(15) There has been a dramatic change over the years from vocational education, which was very basic and lacked high level skills, to the career-technical programs of today which are computer based, require national tests and certification, and often result in jobs with high salaries;
(16) West Virginia's employers and technical education job placement rates show that the state needs graduates with technical skills to compete in the current and future job markets;
(17) The job placement rate for students graduating from career-technical programs statewide is greater than ninety-five percent;
(18) Among the reasons students cite for dropping out of school are feelings of hopelessness when they have failed classes and can not recover credits in order to graduate;
(19) The state offers full-day programs consisting of credit recovery, hands on experiences in career-technical programs and basic education, which are valuable resources for re-engaging students who have dropped out of school, or have a potential for or are at risk of dropping out;
(20) A student is significantly more likely to graduate from high school if he or she completes four units of training in technical education;
(21) Learning is increased and retained at a higher level if the content is taught through a relevant and applied experience, and students who are able to experience academics through real life projects have a higher probability of mastering the appropriate concepts;
(22) Programs such as 'GED Option' and 'Techademics' are valuable resources for providing relevant and applied experience for students;
(23) The Techademics programs administered by the department of education has embedded math competencies in career-technical program curricula whereby students simultaneously earn credit for mastery of math competencies and career-technical courses;
(24) Students would greatly benefit if West Virginia were designated as a 'GED Option' state. Currently a student is ineligible to take the General Educational Development (GED) exam if he or she is enrolled in school, which requires the student to drop out of high school in order to participate in a GED preparation program or take the exam, even if the student desires to remain enrolled;
(25) A GED Option state designation by the American Council on Education would allow students in this state to remain enrolled in school and continue acquiring academic and career- technical credits while pursuing a GED diploma. The GED Option would be blended with the West Virginia virtual schools or a career-technical education pathway. Upon completion, rather than being a dropout, the student would have a GED diploma and a certification in the chosen career-technical or virtual school pathway;
(26) The Mountaineer Challenge Academy is a positive option for students at risk of dropping out of school, as it provides students with structure, stability, and a focus on positive change, all in an environment where negative influences and distractions can be left behind;
(27) Students attending the Mountaineer Challenge Academy would greatly benefit if the GED Option were implemented at the Academy;
(28) The Health Sciences and Technology Academy (HSTA) program prepares rural, minority and economically disadvantaged students for college and careers in the health sciences, and demonstrates tremendous success in its high percentage of students who graduate from high school and participate in post-secondary education.
(29) The West Virginia GEAR UP (Gaining Early Awareness and Readiness for Undergraduate Programs) program is aimed at increasing the academic performance and rigorous preparation of students, increasing the number of high-poverty, at-risk students who are prepared to enter and succeed in post-secondary education, and increasing the high school graduation rate;
(30) The GEAR UP program successfully aids students in planning, applying and paying for education and training beyond high school;
(31) Each dropout involved in drugs or crime or dependent on public assistance creates a huge fiscal burden on society;
(32) The intense treatment and individual monitoring provided through the state's juvenile drug courts have proven to be highly effective in treating drug addictions, and rehabilitating drug addicted youth and improving their educational outcomes;
(33) Services provided by juvenile drug courts include substance abuse treatment, intervention, assessment, juvenile and family counseling, heavy supervision by probation officers including school-based probation officers who provide early intervention and diversion services, and addressing some of the underlying reasons why students are not successful in school;
(34) School participation and attendance are required for students participating in juvenile drug courts, and along with academic progress are closely monitored by the courts;
(35) Juvenile drug courts are an important strategy to improve substance abuse treatment outcomes, and serve to save the state significant cost on incarceration of the juveniles, along with the future costs to society of individuals who remain substance abusers;
(36) Juvenile drug courts produce greater cost benefits than other strategies that address criminal activity related to substance abuse and addiction that bring individuals into the criminal justice system;
(37) Funding for the increased number of students enrolled in school during the 2010-2011 school year due to the compulsory school attendance age increase established by this act will not be reflected in the state aid formula allocation until the 2011-2012 school year, which will require additional funds to be provided to county boards for the 2010-2011 school year to accommodate the increased enrollment;
(38) The state will benefit both fiscally and through improved quality of life if scarce state resources are targeted toward programs that result in providing a competitive advantage as adults for those students who are at risk of dropping out of school;
(39) Funds invested toward education and ensuring that students complete high school pay tremendous dividends through the moneys saved on incarceration, unemployment and underemployment as those students reach adulthood; and
(40) Increasing the compulsory school attendance age will have little effect in aiding students to complete high school if additional resources, both fiscal and programmatic, are not dedicated to supporting student achievement, providing real-life relevancy in curriculum, and engaging students in learning, particularly for those students who have become so disengaged from school and learning that they are at risk of dropping out of school.
(c) The Legislature intends as follows:
(1) The state will continue to explore diverse instructional delivery strategies to accommodate various learning styles and will focus on a state-wide dropout intervention and prevention program to provide support for students having academic difficulty;
(2) A general credit recovery program shall be implemented statewide, including delivery through West Virginia virtual schools;
(3) The state board will continue to improve the way career-technical education is offered, including expansion of the Techademics program;
(4) Up to five additional juvenile drug courts shall be established by January 1, 2012;
(5) The state will invest additional state funds and other resources in strategies and programs that engage disconnected and discouraged students in a positive learning environment as a critical first step to ensuring that students persist and graduate; and
(6) County boards will develop plans to demonstrate how they will use available funds to implement the intent of this section.
(d) Each county board shall include in its alternative education program plan required by section six, article two, of this chapter a plan to improve student retention and increase the graduation rate in the county. The plan is subject to approval of the state board, and shall include strategies the county board will implement to achieve the following goals:
(1) Increasing the graduation rate for the county;
(2) Identifying at the earliest age possible those students who are at risk of dropping out of school prior to graduation; and
(3) Providing additional options for delivering to at-risk students academic credentials and career-technical training if appropriate or desired by the student. The options may include such programs as Techademics, Earn a Degree-Graduate Early (EDGE), Health Sciences and Technology Academy (HSTA), Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP), truancy diversion, early intervention, dropout prevention, prevention resource officers, GED option, credit recovery, alternative learning environments, or any other program or strategy approved by the state board.
(e) As soon as is practicable the state superintendent or his or her designee shall pursue designation of West Virginia as a 'GED Option' state by the American Council on Education. If so designated, the state board shall:
(1) Develop and implement a program whereby a student may pursue a GED diploma while remaining enrolled in high school; and
(2) Ensure that the GED Option is offered to students attending the Mountaineer Challenge Academy.
(f) The state board shall continue to expand:
(1) The Techademics program to include each major academic subject and increase the academic credit available through the program to students; and
(2) The Health Sciences and Technology Academy to ensure that the program is available for any school containing any of the grade levels of eligible students.
(g) The state board shall ensure that the dropout information required by section twenty-four, article one-b, chapter fifteen of this code is provided annually to the Mountaineer Challenge Academy.
(h) Some career and technical education programs only except students in certain upper high school grade levels due to lack of capacity to accept the students in the lower high school grade levels. This can be detrimental to efforts to keep students identified as at risk of dropping out of school prior to graduation in school. Therefore, those career and technical education programs that only students in certain upper high school grade levels to enroll may make exceptions for those at risk students and enroll any of those at risk students who are in grades nine and above.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.

§18-9A-21. Funding for alternative education programs.

(a) An appropriation may be made to the state department to be distributed to county boards for the operation of alternative education and prevention programs established in accordance with policies and procedures adopted by the state board under section six, article two of this chapter. The appropriation shall be an amount equal to twelve eighteen dollars per student in net enrollment, subject to appropriation by the Legislature. The state board shall distribute ninety-seven ninety-eight percent of the total appropriation to the county boards proportionate to each county's net enrollment. The remaining three two percent of the appropriation shall be retained by the state department to support the provision of services to the county boards in administering programs established in accordance with policies and procedures adopted by the state board under section six, article two of this chapter. Provided, That
(b) Nothing in this section shall may be construed to require any specific level of funding by the Legislature.
(c) The increase from $12 per student in net enrollment to $18 per student in net enrollment pursuant to the amendment and enactment of this section during the 2010 regular session of the Legislature is not subject to the provisions of section three-a.
ARTICLE 15. DRUG OFFENDER ACCOUNTABILITY AND TREATMENT ACT.
§62-15-4. Court authorization and structure.
(a) Each judicial circuit or two or more adjoining judicial circuits may establish a drug court or regional drug court program under which drug offenders will be processed to address appropriately, the identified substance abuse problem as a condition of pretrial release, probation, incarceration, parole or other release from a correctional facility.
(b) The structure, method, and operation of each drug court program may differ and should be based upon the specific needs of and resources available to the judicial circuit or circuits where the drug court program is located.
(c) A drug court program may be preadjudication or post-adjudication for an adult offender.
(d) Participation in drug court, with the consent of the prosecution and the court, shall be pursuant to a written agreement.
(e) A drug court may grant reasonable incentives under the written agreement if it finds that the drug offender:
(1) Is performing satisfactorily in drug court;
(2) Is benefitting from education, treatment and rehabilitation;
(3) Has not engaged in criminal conduct; or
(4) Has not violated the terms and conditions of the agreement.
(f) A drug court may impose reasonable sanctions on the drug offender, including incarceration for the underlying offense or expulsion from the program, pursuant to the written agreement, if it finds that the drug offender:
(1) Is not performing satisfactorily in drug court;
(2) Is not benefitting from education, treatment or rehabilitation;
(3) Has engaged in conduct rendering him or her unsuitable for the program;
(4) Has otherwise violated the terms and conditions of the agreement; or
(5) Is for any reason unable to participate.
(g) Upon successful completion of drug court, a drug offender's case shall be disposed of by the judge in the manner prescribed by the agreement and by the applicable policies and procedures adopted by the drug court. This may include, but is not limited to, withholding criminal charges, dismissal of charges, probation, deferred sentencing, suspended sentencing, split sentencing, or a reduced period of incarceration.
(h) Drug court shall include the Ten Key Components and the drug court team shall act to ensure compliance with them.
(i) Nothing contained in this article shall confer confers a right or an expectation of a right to participate in a drug court nor does it obligate a drug court to accept every drug offender.
(j) Neither the establishment of a drug court nor anything herein shall may be construed as limiting the discretion of the jurisdiction's prosecutor to act on any criminal case which he or she deems advisable to prosecute.
(k) Each drug court judge may establish rules and may make special orders as necessary that do not conflict with rules and orders promulgated by the Supreme Court of Appeals which has administrative authority over the courts. The Supreme Court of Appeals shall provide uniform referral, procedure and order forms that shall be used in all drug courts in this state.
(l) In addition to the number of juvenile drug courts operating on the effective date of this section, up to five additional juvenile drug courts or regional juvenile drug court programs may be established by January 1, 2012, as determined by the Supreme Court of Appeals."
And by amending the title of the bill to read as follows:
H. B. 4593 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-8-6; to amend and reenact §18-8-1 and §18-8-4 of said code; to amend and reenact §18-9A-21 of said code; and to amend and reenact §62-15-4 of said code, all relating to improving student participation, success and high school graduation rates; reducing the number of days of unexcused absences at which proceedings to enforce attendance begin; establishing the 'High School Graduation Improvement Act'; establishing legislative findings and intent; requiring county board of education plan for improving student retention and increasing graduation rate; requiring state board of education to develop, expand and assist certain programs; explicitly allowing career and technical education programs only accepting students in certain upper high school grades to make exceptions for certain at risk students who are in grade nine and above; increasing funding for alternative education programs; and authorizing establishment of additional juvenile drug courts."
On motion of Delegate Boggs, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 2773, Increasing the monetary penalties for selling tobacco products to minors.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page three, section two, line fourteen, by striking out "$100" and inserting in lieu thereof "$50".
On page five, section three, line eleven, by striking out "$100" and inserting in lieu thereof "$50".
And,
On page five, section three, line thirteen, by striking out "$150" and inserting in lieu thereof "$100".
And by amending the title of the bill to read as follows:
Com. Sub. for H. B. 2773 - "A Bill to amend and reenact §16-9A-2 of the Code of West Virginia, 1931, as amended, all relating to prohibited access and usage of tobacco products by minors; increasing the monetary penalties for selling tobacco products to minors; providing that the sale or furnishing of tobacco products to minors may constitute grounds for dismissal as an act of misconduct; and clarifying the impact of such a dismissal on the discharged employees' eligibility to receive unemployment benefits."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 325), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Hatfield and Ross.
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. 2773) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Delegate Hatfield announced that she was absent when the vote was taken on Roll No. 325, and that had she been present, she would have voted "Yea" thereon.
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. 3152, Athletic Trainers Registration Act.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §30-20A-1, §30-20A-2, §30-20A-3, §30-20A-4, §30-20A-5, §30-20A-6 and §30- 20A-7 all to read as follows:
ARTICLE 20A. ATHLETIC TRAINERS.
§30-20A-1. Definitions.
As used in this article:
(1) 'Applicant' means any person making application for an original or renewal registration to act as an athletic trainer under the provisions of this article.
(2) 'Board' means the West Virginia Board of Physical Therapy established under article twenty of this chapter.
(3) 'Registrant' means a person registered as an athletic trainer under the provisions of this article.
(4) 'Registration' means a registration issued by the board to practice athletic training.
§30-20A-2. Title protection.
(a) A person may not advertise or represent himself or herself as an athletic trainer in this state and may not use the initials 'AT', the words 'registered athletic trainer' or 'athletic trainer', or any other words, abbreviations, titles or insignia that indicates, implies or represents that he or she is an athletic trainer, unless he or she is registered by the board.
(b) Nothing contained in this article shall be construed as preventing any person, firm, partnership or corporation from practicing athletic training, in any manner desired.
(c) Nothing in this article may be construed to prohibit or otherwise limit the use of the term 'athletic trainer' in secondary school settings by persons who were practicing athletic training under a West Virginia Board of Education Athletic Certification, provided the practice is in accordance with Board of Education policy in effect prior to July 1, 2011.
§30-20A-3. Powers and duties of the board.
The board has the following powers and duties:
(1) Establish procedures for submitting, approving and denying applications for registration;
(2) Investigate alleged violations of the provisions of this article;
(3) Establish a fee schedule;
(4) Issue, renew, deny, suspend, revoke or reinstate a registration;
(5) Determine disciplinary action and issue orders;
(6) Institute appropriate legal action for the enforcement of the provisions of this article; and
(7) Maintain an accurate registry of the names and addresses of registrants.
§30-20A-4. Rulemaking authority.
The board shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including:
(1) Procedures for the issuance and renewal of a registration;
(2) A fee schedule;
(3) Procedures for denying, suspending, revoking, reinstating or limiting the registration of a registrant; and
(4) Any other rules necessary to effectuate the provisions of this article.
§30-20A-5. Requirements for registration.
(a) To be eligible for registration by the board as an athletic trainer, an applicant shall:
(1) Submit an application in the form prescribed by the board;
(2) Submit a current certification from the National Athletic Trainers' Association Board of Certification or successor organization; and
(3) Pay the required fee.
(b) The board shall issue a registration to an applicant satisfying all the requirements in subsection (a) of this section: Provided, That the board may deny an application for registration if the applicant:
(1) Has been convicted of a felony or other crime involving moral turpitude;
(2) Is an alcohol or drug abuser as these terms are defined in section eleven, article one-a, chapter twenty-seven of this code: Provided, That the board may take into consideration that an applicant in an active recovery process, which may, in the discretion of the board, be evidenced by participation in a twelve-step program or other similar group or process;
(3) Has been convicted of fraudulent, false, misleading or deceptive advertising;
(4) Has been convicted for wrongfully prescribing medicines or drugs, or practicing any licensed profession without legal authority;
(5) Has had a registration or other authorization revoked, suspended, restricted or other disciplinary action taken by the proper authorities of another jurisdiction;
(6) Is incapacitated by a physical or mental disability which is determined by a physician to render further practice by the applicant inconsistent with competency and ethic requirements; or
(7) Has been convicted of sexual abuse or sexual misconduct.
(c) In determining whether an application should be denied for any of the reasons set forth in subsection (b), the board may consider:
(1) How recently the conduct occurred;
(2) The nature of the conduct and the context in which it occurred; and
(3) Any other relevant conduct of the applicant.
(d) A registration issued by the board is valid for two years from the date it was issued.
§30-20A-6. Renewal requirements.
(a) A registrant may apply to renew his or her registration by submitting an application for renewal in the form prescribed by the board and paying the renewal fee. The renewal application must be signed by the applicant.
(b) A renewal of registration issued by the board is valid for two years from the date it was issued.
(c) The board may deny an application for renewal for any reason which would justify the denial of an original application for a registration.
§30-20A-7. Due process procedures; grounds for disciplinary action.
(a) The board may, after notice and opportunity for hearing, suspend, restrict or revoke a registration of, impose probationary conditions upon or take disciplinary action against, any registrant if the board determines the registrant:
(1) Is grossly negligent in the practice of athletic training;
(2) Obtained a registration by fraud, misrepresentation or concealment of material facts; engaged in the practice of athletic training under a false or assumed name; or impersonated another registrant of a like or different name; or
(3) Has violated any of the provisions of subsection (b), section five of this article.
(b) For purposes of subsection (a) of this section, disciplinary action may include:
(1) Reprimand;
(2) Probation;
(3) Administrative fines;
(4) Practicing under supervision or other restriction;
(5) Requiring the registrant to report to the board for periodic interviews for a specified period of time; or
(6) Other corrective action as determined by the board."
And by amending the title of the bill to read as follows:
Com. Sub. for H. B. 3152 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-20A-1, §30-20A-2, §30-20A-3, §30-20A-4, §30-20A-5, §30-20A-6 and §30-20A-7 all relating to athletic trainers; providing definitions; restricting the use of certain titles; setting forth powers and duties of the board; setting forth rulemaking authority; providing for registration of athletic trainers; establishing registration criteria; establishing renewal requirements; and allowing for disciplinary actions."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 326), and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Ellem, Lane and J. Miller.
Absent And Not Voting: Argento and Ross.
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. 3152) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
H. B. 4134, Removing non-utilized code sections
.On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"CHAPTER 4. THE LEGISLATURE.

ARTICLE 8. CAPITOL BUILDING COMMISSION.
§1. Repeal of section relating to the sunset review of the West Virginia Capitol Building Commission.

That §4-8-6 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.

ARTICLE 1D. GOVERNOR'S OFFICE OF FISCAL RISK ANALYSIS AND MANAGEMENT.

§1 Repeal of section relating to the sunset review of the Governor's Office of Fiscal Risk Analysis and Management.

That §5-1D-11 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 10D. CONSOLIDATED PUBLIC RETIREMENT BOARD.
§1 Repeal of section relating to the sunset review of the West Virginia Consolidated Public Retirement Board.

That §5-10D-8 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 11. HUMAN RIGHTS COMMISSION.
§1 Repeal of section relating to the sunset review of the Human Rights Commission.

That §5-11-21 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 14. WEST VIRGINIA COMMISSION FOR THE DEAF AND HARD-OF- HEARING.

§1 Repeal of section relating to the sunset review of the West Virginia Commission for the Deaf and Hard of Hearing.

That §5-14-12 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§1 Repeal of section relating to the sunset review of the Public Employees Insurance Agency Finance Board.

That §5-16-4a of the Code of West Virginia, 1931, as amended,

be repealed.
§2 Repeal of section relating to the sunset review of the Public Employees Insurance Agency.

That §5-16-27 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 16B. WEST VIRGINIA CHILDREN'S HEALTH INSURANCE PROGRAM.
§1 Repeal of section relating to the sunset review of the Children's Health Insurance Board.

That §5-16B-4a of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 16C. PRESCRIPTION DRUG COST MANAGEMENT ACT.
§1 Repeal of section relating to the sunset review of the Prescription Drug Cost Management Act.

That §5-16C-10 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 22A. DESIGN-BUILD PROCUREMENT ACT.
§1 Repeal of section relating to the sunset review of the Design-Build Board.

That §5-22A-15 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 26A. WEST VIRGINIA COMMISSION FOR NATIONAL AND COMMUNITY SERVICE.

§1 Repeal of section relating to the sunset review of the West Virginia Commission for National and Community Service.

That §5-26A-6 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 28. COMMISSION ON HOLOCAUST EDUCATION.
§1 Repeal of section relating to the sunset review of the West Virginia Commission on Holocaust Education.

That §5-28-4 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.

ARTICLE 3. PURCHASING DIVISION.
§1 Repeal of section relating to the sunset review of the Division of Purchasing.

That §5A-3-57 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 8. PUBLIC RECORDS MANAGEMENT AND PRESERVATION ACT.
§1 Repeal of section relating to the sunset review of the Records Management and Preservation Board.

That §5A-8-15a of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 11. PUBLIC LAND CORPORATION.
§1 Repeal of section relating to the sunset review of the Public Land Corporation.

That §5A-11-8 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.

ARTICLE 2. WEST VIRGINIA DEVELOPMENT OFFICE.
§1 Repeal of section relating to the sunset review of the Tourism Commission.

That §5B-2-13 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 2A. OFFICE OF COALFIELD COMMUNITY DEVELOPMENT.
§1 Repeal of section relating to the sunset review of the Office of Coalfield Community Development.

That §5B-2A-13 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 2C. WEST VIRGINIA ACADEMY OF SCIENCE AND TECHNOLOGY.
§1 Repeal of section relating to the sunset review of the West Virginia Academy of Science and Technology.

That §5B-2C-8 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 5C. BASIC ASSISTANCE FOR INDUSTRY AND TRADE.

ARTICLE 2. WEST VIRGINIA CLEAN COAL TECHNOLOGY ACT.
§1 Repeal of section relating to the sunset review of the Council for Clean Coal Technology.

That §5C-2-6 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 5D. PUBLIC ENERGY AUTHORITY ACT.

ARTICLE 1. PUBLIC ENERGY AUTHORITY OF THE STATE OF WEST VIRGINIA.
§1 Repeal of section relating to the sunset review of the West Virginia Public Energy Authority Board.

That §5D-1-24 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 6B. PUBLIC OFFICERS AND EMPLOYEES; ETHICS; CONFLICTS OF INTEREST; FINANCIAL DISCLOSURE.

ARTICLE 2. WEST VIRGINIA ETHICS COMMISSION; POWERS AND DUTIES; DISCLOSURE OF FINANCIAL INTEREST BY PUBLIC OFFICIALS AND EMPLOYEES; APPEARANCES BEFORE PUBLIC AGENCIES; CODE OF CONDUCT FOR ADMINISTRATIVE LAW JUDGES.

§1 Repeal of section relating to the sunset review of the West Virginia Ethics Commission.

That §6B-2-11 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 6C. PUBLIC EMPLOYEES.

ARTICLE 3. WEST VIRGINIA PUBLIC EMPLOYEES GRIEVANCE BOARD.
§1 Repeal of section relating to the sunset review of the West Virginia Public Employees Grievance Board.

That §6C-3-5 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 9A. VETERANS AFFAIRS.

ARTICLE 1. DIVISION OF VETERANS AFFAIRS.
§1. Repeal of section relating to the sunset review of the Veterans' Council.

That §9A-1-2a of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION; ATHLETIC ESTABLISHMENTS; MONUMENTS AND MEMORIALS; ROSTER OF SERVICEMEN; EDUCATIONAL BROADCASTING AUTHORITY.

ARTICLE 5. EDUCATIONAL BROADCASTING AUTHORITY.
§1 Repeal of section relating to the sunset review of the West Virginia Educational Broadcasting Authority.

That §10-5-6 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 11. TAXATION.

ARTICLE 1. SUPERVISION.
§1 Repeal of section relating to the sunset review of the Department of Tax and Revenue.

That §11-1-8 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.

ARTICLE 6. WEST VIRGINIA INVESTMENT MANAGEMENT BOARD.
§1 Repeal of section relating to the sunset review of the West Virginia Investment Management Board.

That §12-6-20 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 6C. WEST VIRGINIA BOARD OF TREASURY INVESTMENTS.
§1 Repeal of section relating to the sunset review of the West Virginia Board of Treasury Investments.

That §12-6C-20 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 15. PUBLIC SAFETY.

ARTICLE 2. WEST VIRGINIA STATE POLICE.
§1 Repeal of section relating to the sunset review of the West Virginia State Police.

That §15-2-50 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 2D. DIVISION OF PROTECTIVE SERVICES.
§1 Repeal of section relating to the sunset review of the Division of Protective Services.

That §15-2D-6 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 2E. STATE POLICE ACADEMY POST EXCHANGE.
§1 Repeal of section relating to the sunset review of the state Police Academy Post Exchange.

That §15-2E-8 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 16. PUBLIC HEALTH.

ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.
§1 Repeal of section relating to the sunset review of the Office of Health Facility Licensure and Certification.

That §16-1-13a of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 5P. SENIOR SERVICES.

§1 Repeal of section relating to the sunset review of the Bureau of Senior Services.

That §16-5P-15 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 5Q. THE JAMES 'TIGER' MORTON CATASTROPHIC ILLNESS FUND.
§1 Repeal of section relating to the sunset review of the James 'Tiger' Morton Catastrophic Illness Commission.

That §16-5Q-3 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 29B. HEALTH CARE AUTHORITY.
§1 Repeal of section relating to the sunset review of the Health Care Authority.

That §16-29B-28 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 41. ORAL HEALTH IMPROVEMENT ACT.
§1 Repeal of section relating to the sunset review of the Oral Health Program.

That §16-41-7 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 17. ROADS AND HIGHWAYS.

ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.
§1 Repeal of section relating to the sunset review of the Division of Highways.

That §17-2A-1a of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION, CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.

ARTICLE 2. DIVISION OF MOTOR VEHICLES.
§1 Repeal of section relating to the sunset review of the Division of Motor Vehicles.

That §17A-2-24 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 6. LICENSING OF DEALERS AND WRECKERS OR DISMANTLERS; SPECIAL PLATES; TEMPORARY PLATES OR MARKERS.
§1 Repeal of section relating to the sunset review of the Motor Vehicle Dealers Advisory Board.

That §17A-6-18b of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.

ARTICLE 1D. MOTORCYCLE SAFETY EDUCATION.
§1 Repeal of section relating to the sunset review of the Motorcycle Safety Awareness Board.

That §17B-1D-10 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 18. EDUCATION.

ARTICLE 2F. INCENTIVES AND RESULTS BASED SCHOLARSHIP PROGRAM.
§1 Repeal of section relating to the sunset review of the Share in Your Future Commission.

That §18-2F-9 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 9D. SCHOOL BUILDING AUTHORITY.
§1 Repeal of section relating to the sunset review of the School Building Authority.

That §18-9D-18 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 10C. THE SOUTHERN REGIONAL EDUCATION COMPACT.
§1 Repeal of section relating to the sunset review of West Virginia's membership in the Southern Regional Education Compact.

That §18-10C-3 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 10L. RON YOST PERSONAL ASSISTANCE SERVICES ACT.
§1 Repeal of section relating to the sunset review of the Ron Yost Personal Assistance Services Program.

That §18-10L-8 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 18A. SCHOOL PERSONNEL.

ARTICLE 3A. CENTER FOR PROFESSIONAL DEVELOPMENT.
§1 Repeal of section relating to the sunset review of the Center for Professional Development Board.

That §18A-3A-4 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 18B. HIGHER EDUCATION.

ARTICLE 16. HEALTH CARE EDUCATION.

§1 Repeal of section relating to the sunset review of the Rural Health Advisory Panel.

That §18B-16-6b of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 19. AGRICULTURE.

ARTICLE 1. DEPARTMENT OF AGRICULTURE.
§1 Repeal of section relating to the sunset review of the Marketing and Development Division of the Department of Agriculture.

That §19-1-3b of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 2B. INSPECTION OF MEAT AND POULTRY.
§1 Repeal of section relating to the sunset review of the Meat and Poultry Inspection Program.

That §19-2B-1a of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 2F. BEEF INDUSTRY SELF-IMPROVEMENT ASSESSMENT PROGRAM.
§1 Repeal of section relating to the sunset review of the Beef Industry Self-improvement Assessment Program.

That §19-2F-11 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 23. HORSE AND DOG RACING.
§1 Repeal of section relating to the sunset review of the Racing Commission.

That §19-23-30 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 20. NATURAL RESOURCES.

ARTICLE 1. ORGANIZATION AND ADMINISTRATION.

§1 Repeal of section relating to the sunset review of the United States Geological Survey Program within the Department of Natural Resources.

That §20-1-18d of the Code of West Virginia, 1931, as amended, be repealed.
§2 Repeal of section relating to the sunset review of the Division of Natural Resources.

That §20-1-21 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 2. WILDLIFE RESOURCES.
§1 Repeal of section relating to the sunset review of the Whitewater Commission.

That §20-2-23f of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 5. PARKS AND RECREATION.
§1 Repeal of section relating to the sunset review of the Parks Section of Division of Natural Resources.

That §20-5-20 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 21. LABOR.

ARTICLE 1. DIVISION OF LABOR.
§1 Repeal of section relating to the sunset review of the Division of Labor.

That §21-1-5 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 9. MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS.

§1 Repeal of section relating to the sunset review of the West Virginia Board of Manufactured Housing Construction and Safety.

That §21-9-13 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 11. WEST VIRGINIA CONTRACTOR LICENSING ACT.
§1 Repeal of section relating to the sunset review of the West Virginia Contractor Licensing Board.

That §21-11-19 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.

ARTICLE 1. UNEMPLOYMENT COMPENSATION.
§1 Repeal of section relating to the sunset review of the Division of Unemployment Compensation.

That §21A-1-9 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 2. THE COMMISSIONER OF THE BUREAU OF EMPLOYMENT PROGRAMS.
§1 Repeal of section relating to the sunset review of the authority of Commissioner to administer unemployment compensation.

That §21A-2-9 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 22. ENVIRONMENTAL RESOURCES.

ARTICLE 1. DEPARTMENT OF ENVIRONMENTAL PROTECTION.
§1 Repeal of section relating to the sunset review of the Department of Environmental Protection.

That §22-1-4 of the Code of West Virginia, 1931, as amended, be repealed.
§2 Repeal of section relating to the sunset review of the Office of Water Resources.

That §22-1-7a of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 3A. OFFICE OF EXPLOSIVES AND BLASTING.
§1 Repeal of section relating to the sunset review of the Office of Explosives and Blasting.

That §22-3A-11 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 15A. THE A. JAMES MANCHIN REHABILITATION ENVIRONMENTAL ACTION PLAN.

§1 Repeal of section relating to the sunset review of the Waste Tire Remediation Program.

That §22-15A-15 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 20. ENVIRONMENTAL ADVOCATE.
§1 Repeal of section relating to the sunset review of the Office of Environmental Advocate.

That §22-20-2 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 25. ENVIRONMENTAL EXCELLENCE PROGRAM.
§1 Repeal of section relating to the sunset review of the Environmental Excellence Program.

That §22-25-13 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 22B. ENVIRONMENTAL BOARDS.

ARTICLE 3. ENVIRONMENTAL QUALITY BOARD.
§1 Repeal of section relating to the sunset review of the Environmental Quality Board.

That §22B-3-5 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS, AUTHORITIES, COMMISSIONS AND COMPACTS.

ARTICLE 7. ENVIRONMENTAL RESOURCES.
§1 Repeal of section relating to the sunset review of the Oil and Gas Inspectors' Examining Board.

That §22C-7-4 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 9. OIL AND GAS CONSERVATION.
§1 Repeal of section relating to the sunset review of the Oil and Gas Conservation Commission.

That §22C-9-4a of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 11. INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN.
§1 Repeal of section relating to the sunset review of West Virginia's membership in the Interstate Commission on the Potomac River Basin.

That §22C-11-6 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 24. PUBLIC SERVICE COMMISSION.

ARTICLE 1. GENERAL PROVISIONS.
§1 Repeal of section relating to the sunset review of the Public Service Commission.

That §24-1-10 of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 25. DIVISION OF CORRECTIONS.

ARTICLE 1. ORGANIZATION, INSTITUTIONS AND CORRECTIONS MANAGEMENT.
§1 Repeal of section relating to the sunset review of the Division of Corrections.

That §25-1-2 of the Code of West Virginia, 1931, as amended, be repealed.

CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.

ARTICLE 1. DIVISION OF CULTURE AND HISTORY.

§1 Repeal of section relating to the sunset review of the Division of Culture and History.

That §29-1-1b of the Code of West Virginia, 1931, as amended, be repealed.

ARTICLE 1A. COMMISSION ON UNIFORM STATE LAWS.
§1 Repeal of section relating to the sunset review of the Interstate Commission on Uniform State Laws.

That §29-1A-5 of the Code of West Virginia, 1931, as amended, be repealed.

ARTICLE 2. GEODETIC AND GEOLOGICAL SURVEY.

§1 Repeal of section relating to the sunset review of the state Geological and Economic Survey.

That §29-2-10 of the Code of West Virginia, 1931, as amended,

be repealed.
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.

§1 Repeal of section relating to the sunset review of the state Fire Commission.

That §29-3-31 of the Code of West Virginia, 1931, as amended, be repealed.

ARTICLE 6. CIVIL SERVICE SYSTEM.
§1 Repeal of section relating to the sunset review of the Division of Personnel.

That §29-6-5a of the Code of West Virginia, 1931, as amended, be repealed.

ARTICLE 12. STATE INSURANCE.

§1 Repeal of section relating to the sunset review of the state Board of Risk and Insurance Management.

That §29-12-12 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 18. WEST VIRGINIA STATE RAIL AUTHORITY.

§1 Repeal of section relating to the sunset review of the West Virginia State Rail Authority.

That §29-18-24 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 20. WOMEN'S COMMISSION.

§1 Repeal of section relating to the sunset review of the West Virginia Women's Commission.

That §29-20-7 of the Code of West Virginia, 1931, as amended, be repealed.

ARTICLE 21. PUBLIC DEFENDER SERVICES.

§1 Repeal of section relating to the sunset review of the Public Defender Services.

That §29-21-3a of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 22. STATE LOTTERY ACT.

§1 Repeal of section relating to the sunset review of the state Lottery Commission.

That §29-22-26 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§1 Repeal of section relating to the sunset review of the board of Medicine.

That §30-3-18 of the Code of West Virginia, 1931, as amended, be repealed.

ARTICLE 4. WEST VIRGINIA DENTAL PRACTICE ACT.
§1 Repeal of section relating to the sunset review of the West Virginia Board of Dental Examiners.

That §30-4-30 of the Code of West Virginia, 1931, as amended, be repealed.

ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS AND PHARMACIES.

§1 Repeal of section relating to the sunset review of the West Virginia Board of Pharmacy.

That §30-5-25 of the Code of West Virginia, 1931, as amended, be repealed.
§2 Repeal of section relating to the sunset review of the pharmacy collaborative agreements in community settings.

That §30-5-29 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 6. BOARD OF FUNERAL SERVICE EXAMINERS.
§1 Repeal of section relating to the sunset review of the board of Embalmers and Funeral Directors.

That §30-6-32 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 7. REGISTERED PROFESSIONAL NURSES.

§1 Repeal of section relating to the sunset review of the board of Examiners for Registered Professional Nurses.

That §30-7-17 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 7A. PRACTICAL NURSES.
§1 Repeal of section relating to the sunset review of the board of Examiners for Licensed Practical Nurses.

That §30-7A-12 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 7B. CENTER FOR NURSING.
§1 Repeal of section relating to the sunset review of the West Virginia Center for Nursing.

That §30-7B-10 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 9. ACCOUNTANTS.
§1 Repeal of section relating to the sunset review of the West Virginia Board of Accountancy.

That §30-9-32 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 12. ARCHITECTS.
§1 Repeal of section relating to the sunset review of the board of Architects.

That §30-12-15 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 13. ENGINEERS.
§1 Repeal of section relating to the sunset review of the board of Registration for Professional Engineers.

That §30-13-25 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 14. OSTEOPATHIC PHYSICIANS AND SURGEONS.
§1 Repeal of section relating to the sunset review of the West Virginia Board of Osteopathy.

That §30-14-16 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 21. PSYCHOLOGISTS; SCHOOL PSYCHOLOGISTS.
§1 Repeal of section relating to the sunset review of the board of Examiners of Psychologists.

That §30-21-16 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 22. LANDSCAPE ARCHITECTS.
§1 Repeal of section relating to the sunset review of the West Virginia Board of Landscape Architects.

That §30-22-29 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 23. RADIOLOGIC TECHNOLOGISTS.
§1 Repeal of section relating to the sunset review of the West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners.

That §30-23-30 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 30. SOCIAL WORKERS.
§1 Repeal of section relating to the sunset review of the board of Social Work Examiners.
That §30-30-14 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 32. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS.
§1 Repeal of section relating to the sunset review of the West Virginia Board of Examiners for Speech-language Pathology and Audiology.

That §30-32-22 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 34. BOARD OF RESPIRATORY CARE PRACTITIONERS.
§1 Repeal of section relating to the sunset review of the board of Respiratory Care Practitioners.

That §30-34-17 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 35. BOARD OF DIETITIANS.
§1 Repeal of section relating to the sunset review of the board of Licensed Dietitians.

That §30-35-15 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 36. ACUPUNCTURISTS.
§1 Repeal of section relating to the sunset review of the West Virginia Acupuncture Board.

That §30-36-20 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 37. MASSAGE THERAPISTS.
§1 Repeal of section relating to the sunset review of the Massage Therapy Licensure Board.

That §30-37-12 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 38. THE REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT.

§1 Repeal of section relating to the sunset review of the Real Estate Appraiser Licensing and Certification Board.

That §30-38-19 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 40. WEST VIRGINIA REAL ESTATE LICENSE ACT.
§1 Repeal of section relating to the sunset review of the West Virginia Real Estate Commission.

That §30-40-28 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 31. CORPORATIONS.

ARTICLE 16. WEST VIRGINIA STEEL FUTURES PROGRAM.
§1 Repeal of section relating to the sunset review of the West Virginia Steel Futures Program.

That §31-16-5 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 31A. BANKS AND BANKING.

ARTICLE 3. BOARD OF BANKING AND FINANCIAL INSTITUTIONS.
§1 Repeal of section relating to the sunset review of the West Virginia Board of Banking and Financial Institutions.

That §31A-3-5 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 48. DOMESTIC RELATIONS.

ARTICLE 18. BUREAU FOR CHILD SUPPORT ENFORCEMENT.
§1 Repeal of section relating to the sunset review of the Bureau for Child Support Enforcement.

That §48-18-134 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 26. DOMESTIC VIOLENCE ACT.
§1 Repeal of section relating to the sunset review of the Family Protection Services Board.

That §48-26-1102 of the Code of West Virginia, 1931, as amended, be repealed."
And by amending the title to read as follows:
Com. Sub. for H. B. 4134 - "A Bill to repeal §4-8-6 of the Code of West Virginia, 1931, as amended; to repeal §5-1D-11 of said code; to repeal §5-10D-8 of said code; to repeal §5-11-21 of said code; to repeal §5-14-12 of said code; to repeal §5-16-4a and §5-16-27 of said code; to repeal §5-16B-4a of said code; to repeal §5-16C-10 of said code; to repeal §5-22A-15 of said code; to repeal §5-26A-6 of said code; to repeal §5-28-4 of said code; to repeal §5A-3-57 of said code; to repeal §5A-8-15a of said code; to repeal §5A-11-8 of said code; to repeal §5B-2-13 of said code; to repeal §5B-2A-13 of said code; to repeal §5B-2C-8 of said code; to repeal §5C-2-6 of said code; to repeal §5D-1-24 of said code; to repeal §6B-2-11 of said code; to repeal §6C-3-5 of said code; to repeal §9A-1-2a of said code; to repeal §10-5-6 of said code; to repeal §11-1-8 of said code; to repeal §12-6-20 of said code; to repeal §12-6C-20 of said code; to repeal §15-2-50 of said code; to repeal §15-2D-6 of said code; to repeal §15-2E-8 of said code; to repeal §16-1-13a of said code; to repeal §16-5P-15 of said code; to repeal §16-5Q-3 of said code; to repeal §16-29B-28 of said code; to repeal §16-41-7 of said code; to repeal §17-2A-1a of said code; to repeal §17A-2-24 of said code; to repeal §17A-6-18b of said code; to repeal §17B-1D-10 of said code; to repeal §18-2F-9 of said code; to repeal §18-9D-18 of said code; to repeal §18-10C-3 of said code; to repeal §18-10L-8 of said code; to repeal §18A-3A-4 of said code; to repeal §18B-16-6b of said code; to repeal §19-1-3b of said code; to repeal §19-2B-1a of said code; to repeal §19-2F-11 of said code; to repeal §19-23-30 of said code; to repeal §20-1-18d and §20-1-21 of said code; to repeal §20-2-23f of said code; to repeal §20-5-20 of said code; to repeal §21-1-5 of said code; to repeal §21-9-13 of said code; to repeal §21-11-19 of said code; to repeal §21A-1-9 of said code; to repeal §21A-2-9 of said code; to repeal §22-1-4 and §22-1-7a of said code; to repeal §22-3A-11 of said code; to repeal §22-15A-15 of said code; to repeal §22-20-2 of said code; to repeal §22-25-13 of said code; to repeal §22B-3-5 of said code; to repeal §22C-7-4 of said code; to repeal §22C-9-4a of said code; to repeal §22C-11-6 of said code; to repeal §24-1-10 of said code; to repeal §25-1-2 of said code; to repeal §29-1-1b of said code; to repeal §29-1A-5 of said code; to repeal §29-2-10 of said code; to repeal §29-3-31 of said code; to repeal §29-6-5a of said code; to repeal §29-12-12 of said code; to repeal §29-18-24 of said code; to repeal §29-20-7 of said code; to repeal §29-21-3a of said code; to repeal §29-22-26 of said code; to repeal §30-3-18 of said code; to repeal §30-4-30 of said code; to repeal §30-5-25 and §30-5-29 of said code; to repeal §30-6-32 of said code; to repeal §30-7-17 of said code; to repeal §30-7A-12 of said code; to repeal §30-7B-10 of said code; to repeal §30-9-32 of said code; to repeal §30-12-15 of said code; to repeal §30-13-25 of said code; to repeal §30-14-16 of said code; to repeal §30-21-16 of said code; to repeal §30-22-29 of said code; to repeal §30-23-30 of said code; to repeal §30-30-14 of said code; to repeal §30-32-22 of said code; to repeal §30-34-17 of said code; to repeal §30-35-15 of said code; to repeal §30-36-20 of said code; to repeal §30-37-12 of said code; to repeal §30-38-19 of said code; to repeal §30-40-28 of said code; to repeal §31-16-5 of said code; to repeal §31A-3-5 of said code; to repeal §48-18-134 of said code; and to repeal §48-26-1102 of said code, all relating to removing outmoded code sections regarding sunset provisions."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 327), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Argento and Ross.
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. 4134) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4140, Relating to the board of physical therapy.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof, the following:
"That §30-20-8a of the Code of West Virginia, 1931, as amended, be repealed; that §30-20-1, §30-20-2, §30-20-3, §30-20-4, §30-20-5, §30-20-6, §30-20-7, §30-20-8, §30-20-9, §30-20-10, §30- 20-11, §30-20-12, §30-20-13, §30-20-14 and §30-20-15 be amended and reenacted; and that said code be amended by adding thereto seven new sections, designated §30-20-16, §30-20-17, §30-20- 18, §30-20-19, §30-20-20, §30-20-21 and §30-20-22, all to read as follows:
ARTICLE 20. PHYSICAL THERAPISTS.
§30-20-1. Unlawful acts.
(a) It is unlawful for any person to practice or offer to practice physical therapy in this state without a license or permit issued under the provisions of this article, or advertise or use any title or description tending to convey the impression that they are a physical therapist or a physical therapist assistant unless the person has been duly licensed or permitted under the provisions of this article, and the license or permit has not expired, been suspended or revoked.
(b) A business entity may not render any service or engage in any activity which, if rendered or engaged in by an individual, would constitute the practice of physical therapy, except through a licensee or permittee.
(c) A person who is not licensed under this article as a physical therapist may not characterize himself or herself as a 'physical therapist', 'physiotherapist', or 'doctor of physical therapy', nor may a person use the designation 'PT', 'DPT', 'LPT', 'CPT', or 'RPT'.
(d) A person who is not licensed under this article as a physical therapist assistant may not characterize himself or herself as a 'physical therapist assistant', nor may a person use the designation 'PTA'.
§30-20-2. Applicable law.
The practices licensed under the provisions of this article and the Board of Physical Therapy are subject to article one of this chapter, the provisions of this article, and any rules promulgated hereunder.
§30-20-3. Definitions.
As used in this article:
(1) 'Applicant' means any person making application for an original or renewal license or a temporary permit under the provisions of this article.
(2) 'Board' means the West Virginia Board of Physical Therapy.
(3) 'Business entity' means any firm, partnership, association, company, corporation, limited partnership, limited liability company or other entity providing physical therapy services.
(4) 'Consultation' means a physical therapist renders an opinion or advice to another physical therapist or health care provider through telecommunications.
(5) 'Direct supervision' means the actual physical presence of the physical therapist in the immediate treatment area where the treatment is being rendered.
(6) 'General supervision' means the physical therapist must be available at least by telecommunications.
(7) 'License' means a physical therapist license or license to act as a physical therapist assistant issued under the provisions of this article.
(8) 'Licensee' means a person holding a license under the provisions of this article.
(9) 'On-site supervision' means the supervising physical therapist is continuously on-site and present in the building where services are provided, is immediately available to the person being supervised, and maintains continued involvement in appropriate aspects of each treatment session.
(10) 'Permit' or 'temporary permit' means a temporary permit issued under the provisions of this article.
(11) 'Permittee' means any person holding a temporary permit issued pursuant to the provisions of this article.
(12) 'Physical therapy aide' means a person trained under the direction of a physical therapist who performs designated and routine tasks related to physical therapy services under the direction supervision of a physical therapist.
(13) 'Physical therapist' means a person engaging in the practice of physical therapy who holds a license or permit issued under the provisions of this article.
(14) 'Physical therapist assistant' means a person holding a license or permit issued under the provisions of this article who assists in the practice of physical therapy by performing patient related activities delegated to him or her by a physical therapist and performs under the supervision of a physical therapist and which patient related activities commensurate with his or her education and training, including physical therapy procedures, but not the performance of evaluative procedures or determination and modification of the patient plan of care.
(15) 'Practice of physical therapy' or 'physiotherapy' means the care and services as described in section nine of this article.
(16) 'Telecommunication' means audio, video or data communication.
§30-20-4. West Virginia Board of Physical Therapy.
(a) The West Virginia Board of Physical Therapy is continued. The members of the board in office on July 1, 2010, shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified.
(b) To be effective July 1, 2010, the Governor shall appoint, by and with the advice and consent of the Senate:
(1) One person who is a physical therapist assistant for a term of five years; and
(2) One citizen member, who is not licensed under the provisions of this article and who does not perform any services related to the practice of the professions regulated under the provisions of this article or have a financial interest in any health care profession, for a term of three years.
(c) Commencing July 1, 2010, the board shall consist of the following seven members:
(1) Five physical therapists;
(2) One physical therapist assistant; and
(3) One citizen member.
(d) After the initial appointment term, the term shall be for five years. All appointments to the board shall be made by the Governor by and with the advice and consent of the Senate.
(e) Each licensed member of the board, at the time of his or her appointment, must have held a license in this state for a period of not less than five years immediately preceding the appointment.
(f) Each member of the board must be a resident of this state during the appointment term.
(g) A member may not serve more than two consecutive full terms. A member may continue to serve until a successor has been appointed and has qualified.
(h) A vacancy on the board shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacant and the appointment shall be made within sixty days of the vacancy.
(i) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.
(j) A licensed member of the board immediately and automatically forfeits membership to the board if his or her license to practice is suspended or revoked.
(k) Any member of the board immediately and automatically forfeits membership to the board if he or she is convicted of a felony under the laws of any jurisdiction or becomes a nonresident of this state.
(l) The board shall elect annually one of its members as chairperson who serves at the will of the board.
(m) Each member of the board is entitled to compensation and expense reimbursement in accordance with article one of this chapter.
(n) A majority of the members of the board constitutes a quorum.
(o) The board shall hold at least two annual meetings. Other meetings may be held at the call of the chairperson or upon the written request of two members, at the time and place as designated in the call or request.
(p) Prior to commencing his or her duties as a member of the board, each member shall take and subscribe to the oath required by section five, article four of the Constitution of this state.
§30-20-5. Powers and duties of the board.
(a) The board has all the powers and duties set forth in this article, by rule, in article one of this chapter and elsewhere in law.
(b) The board shall:
(1) Hold meetings, conduct hearings and administer examinations;
(2) Establish requirements for licenses and permits;
(3) Establish procedures for submitting, approving and rejecting applications for licenses and permits;
(4) Determine the qualifications of any applicant for licenses and permits;
(5) Prepare, conduct, administer and grade examinations for licenses;
(6) Determine the passing grade for the examinations;
(7) Maintain records of the examinations the board or a third party administers, including the number of persons taking the examinations and the pass and fail rate;
(8) Hire, discharge, establish the job requirements and fix the compensation of the executive secretary;
(9) Maintain an office, and hire, discharge, establish the job requirements and fix the compensation of employees, investigators and contracted employees necessary to enforce the provisions of this article;
(10) Investigate alleged violations of the provisions of this article, legislative rules, orders and final decisions of the board;
(11) Conduct disciplinary hearings of persons regulated by the board;
(12) Determine disciplinary action and issue orders;
(13) Institute appropriate legal action for the enforcement of the provisions of this article;
(14) Maintain an accurate registry of names and addresses of all persons regulated by the board;
(15) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;
(16) Establish the continuing education requirements for licensees;
(17) Issue, renew, combine, deny, suspend, restrict, revoke or reinstate licenses and permits;
(18) Establish a fee schedule;
(19) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article; and
(20) Take all other actions necessary and proper to effectuate the purposes of this article.
(c) The board may:
(1) Contract with third parties to administer examinations required under the provisions of this article;
(2) Sue and be sued in its official name as an agency of this state; and
(3) Confer with the Attorney General or his or her assistant in connection with legal matters and questions.
§30-20-6. Rulemaking.
(a) The board shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including:
(1) Standards and requirements for licenses and permits;
(2) Procedures for examinations and reexaminations;
(3) Requirements for third parties to prepare or administer, or both, examinations and reexaminations;
(4) Educational and experience requirements;
(5) The passing grade on the examinations;
(6) Standards for approval of courses and curriculum;
(7) Procedures for the issuance and renewal of licenses and permits;
(8) A fee schedule;
(9) The scope of practice and supervision of physical therapist assistants;
(10) Responsibilities of a physical therapist and physical therapist assistant concerning the practice and supervision of physical therapy aides;
(11) Continuing education requirements for licensees;
(12) Establishing a maximum ratio of physical therapist assistants, or physical therapy aides involved in the practice of physical therapy, or any combinations that can be supervised by a physical therapist at any one time; 
(13) Exceptions to the ratio of physical therapist assistants a physical therapist may supervise including emergencies, safety and temporary situations;
(14) Permitting a physical therapist assistant to directly supervise a physical therapy aide in an emergency situation;
(15) The procedures for denying, suspending, restricting, revoking, reinstating or limiting the practice of licensees and permittees;
(16) Adopt a standard for ethics;
(17) Requirements for inactive or revoked licenses or permits; and
(18) Any other rules necessary to effectuate the provisions of this article.
(b) The board shall promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code, to establish a maximum ratio of physical therapist assistants, or physical therapy aides involved in the practice of physical therapy, or any combinations that can be supervised by a physical therapist at any one time.
(c) All of the board's rules in effect on July 1, 2010, shall remain in effect until they are amended or repealed and references to provisions of former enactments of this article are interpreted to mean provisions of this article.
§30-20-7. Fees; special revenue account; administrative fines.
(a) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the State Treasury designated the 'West Virginia Board of Physical Therapy Fund', which is continued. The fund is used by the board for the administration of this article. Except as may be provided in article one of this chapter, the board retains the amount in the special revenue account from year to year. No compensation or expense incurred under this article is a charge against the General Revenue Fund.
(b) Any amounts received as fines pursuant to this article shall be deposited into the General Revenue Fund of the State Treasury.
§30-20-8. License to practice physical therapy.
(a) To be eligible for a license to engage in the practice of physical therapy, the applicant must:
(1) Submit an application to the board;
(2) Be at least eighteen years of age;
(3) Be of good moral character;
(4) Have graduated from an accredited school of physical therapy approved by the Commission on Accreditation in Physical Therapy Education or a successor organization;
(5) Pass a national examination as approved by the board;
(6) Not be an alcohol or drug abuser, as these terms are defined in section eleven, article one- a, chapter twenty-seven of this code: Provided, That an applicant in an active recovery process, which may, in the discretion of the board, be evidenced by participation in a twelve-step program or other similar group or process, may be considered;
(7) Not have been convicted of a felony in any jurisdiction within ten years preceding the date of application for license which conviction remains unreversed;
(8) Not have been convicted of a misdemeanor or felony in any jurisdiction if the offense for which he or she was convicted related to the practice of physical therapy, which conviction remains unreversed; and
(9) Has fulfilled any other requirement specified by the board.
(b) A physical therapist shall use the letters 'PT' immediately following his or her name to designate licensure under this article.
(c) A license to practice physical therapy issued by the board prior to July 1, 2010,is considered a license issued under this article: Provided, That a person holding a license issued prior to July 1, 2010, must renew the license pursuant to the provisions of this article.
§30-20-9. Scope of practice of a physical therapist.
A physical therapist may:
(1) Examine, evaluate and test patients or clients with mechanical, physiological and developmental impairments, functional limitations, and disabilities or other health and movement related conditions in order to determine a diagnosis, prognosis and plan of treatment intervention, and to assess the ongoing effects of intervention: Provided, That electromyography examination and electrodiagnostic studies other than the determination of chronaxia and strength duration curves shall not be performed except under the supervision of a physician electromyographer and electrodiagnostician;
(2) Alleviate impairments, functional limitations and disabilities by designing, implementing and modifying treatment interventions that may include, but are not limited to: therapeutic exercise; functional training in self-care in relation to motor control function; mobility; in home, community or work integration or reintegration; manual therapy techniques including mobilization of the joints; therapeutic massage; fabrication of assistive, adaptive, orthothic, prosthetic, protective and supportive devices and equipment; airway clearance techniques; integumentary protection and repair techniques; patient-related instruction; mechanical and electrotherapeutic modalities; and physical agent or modalities including, but not limited to, heat, cold, light, air, water and sound;
(3) Reduce the risk of injury, impairment, functional limitation and disability, including the promotion and maintenance of fitness, health and wellness in populations of all ages; and
(4) Engage in administration, consultation and research.
§30-20-10. License to act as a physical therapist assistant.
(a) To be eligible for a license to act as a physical therapist assistant, the applicant must:
(1) Submit an application to the board;
(2) Be at least eighteen years of age;
(3) Be of good moral character;
(4) Have graduated from a two-year college level education program for physical therapist assistants which meets the standards established by the Commission on Accreditation in Physical Therapy Education and the board;
(5) Have passed the examination approved by the board for a license to act as a physical therapist assistant;
(6) Not be an alcohol or drug abuser, as these terms are defined in section eleven, article one- a, chapter twenty-seven of this code: Provided, That an applicant in an active recovery process, which may, in the discretion of the board, be evidenced by participation in a twelve-step program or other similar group or process, may be considered;
(7) Not have been convicted of a felony in any jurisdiction within ten years preceding the date of application for license which conviction remains unreversed;
(8) Not have been convicted of a misdemeanor or felony in any jurisdiction if the offense for which he or she was convicted related to the practice of physical therapy, which conviction remains unreversed; and
(10) Meet any other requirements established by the board.
(b) A physical therapist assistant shall use the letters 'PTA' immediately following his or her name to designate licensure under this article.
(c) A license to act as a physical therapist assistant issued by the board prior to July 1, 2010,is considered a license issued under this article: Provided, That a person holding a license issued prior to July 1, 2010, must renew the license pursuant to the provisions of this article.
§30-20-11. License to practice physical therapy from another jurisdiction.
(a) The board may issue a license to practice physical therapy to an applicant who holds a valid license or other authorization to practice physical therapy from another state, if the applicant:
(1) Holds a license or other authorization to practice physical therapy in another state which was granted after completion of educational requirements substantially equivalent to those required in this state;
(2) Passed an examination that is substantially equivalent to the examination required in this state;
(3) Does not have charges pending against his or her license or other authorization to practice, and has never had a license or other authorization to practice revoked;
(4) Has not previously failed an examination for a license to practice physical therapy in this state;
(5) Has paid the applicable fee;
(6) Is a citizen of the United States or is eligible for employment in the United States; and
(7) Has fulfilled any other requirement specified by the board.
(b) The board may issue a license to practice physical therapy to an applicant who has been educated outside of the United States, if the applicant:
(1) Provides satisfactory evidence that the applicant's education is substantially equivalent to the educational requirements for physical therapists under the provisions of this article;
(2) Provides written proof that the applicant's school of physical therapy is recognized by its own ministry of education;
(3) Has undergone a credentials evaluation as directed by the board that determines that the candidate has met uniform criteria for educational requirements as further established by rule;
(4) Has paid the applicable fee;
(5) Is eligible for employment in the United States; and
(6) Complete any additional requirements as required by the board.
(c) The board may issue a restricted license to an applicant who substantially meets the criteria established in subsection (b) of this section.
§30-20-12. Temporary permits.
(a) Upon completion of the application and payment of the nonrefundable fees, the board may issue a temporary permit, for a period not to exceed 90 days, to an applicant to practice as a physical therapist in this state or act as a physical therapist assistant in this state, if the applicant has completed the educational requirements set out in this article, pending the examination and who works under a supervising physical therapist with the scope of the supervision to be defined by legislative rule.
(b) The temporary permit expires thirty days after the board gives written notice to the permittee of the results of the first examination held following the issuance of the temporary permit, if the permittee receives a passing score on the examination. The permit shall expire immediately if the permittee receives a failing score on the examination.
(c) A temporary permit may be revoked by a majority vote of the board.
(d) An applicant may be issued only one temporary permit, and upon the expiration of the temporary permit, may not practice as a physical therapist or act as physical therapist assistant until he or she is fully licensed under the provisions of this article.
§30-20-13. Special volunteer physical therapist license, physical therapist assistant license; civil immunity for voluntary services rendered to indigents.

(a) There is established a special volunteer license for physical therapists or physical therapist assistants, as the case may be, retired or retiring from active practice who wish to donate their expertise for the care and treatment of indigent and needy patients in the clinical setting of clinics organized, in whole or in part, for the delivery of health care services without charge. The special volunteer license provided by this section shall be issued by the West Virginia Board of Physical Therapy to physical therapists or physical therapist assistants licensed or otherwise eligible for licensure under this article and the legislative rules promulgated hereunder without the payment of an application fee, license fee or renewal fee, and the initial license shall be issued for the remainder of the licensing period, and renewed consistent with the boards other licensing requirements. The board shall develop application forms for the special volunteer license provided in this section which shall contain the applicant's acknowledgment that:
(1) The applicant's practice under the special volunteer license will be exclusively devoted to providing physical therapy care to needy and indigent persons in West Virginia;
(2) The applicant may not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for any physical therapy services rendered under the special volunteer license;
(3) The applicant shall supply any supporting documentation that the board may reasonably require; and
(4) The applicant shall continue to participate in continuing education as required by the board for special volunteer physical therapists or physical therapist assistants license, as the case may be.
(b) Any physical therapist or physical therapist assistant who renders any physical therapy service to indigent and needy patients of a clinic organized, in whole or in part, for the delivery of health care services without charge under a special volunteer license authorized under subsection (a) of this section without payment or compensation or the expectation or promise of payment or compensation is immune from liability for any civil action arising out of any act or omission resulting from the rendering of the physical therapy service at the clinic unless the act or omission was the result of gross negligence or willful misconduct on the part of the physical therapist or physical therapist assistant. In order for the immunity under this subsection to apply, there must be a written agreement between the physical therapist or physical therapist assistant and the clinic stating that the physical therapist or physical therapist assistant will provide voluntary uncompensated physical therapy services under the control of the clinic to patients of the clinic before the rendering of any services by the physical therapist or physical therapist assistant at the clinic: Provided, That any clinic entering into such written agreement is required to maintain liability coverage of not less than one million dollars per occurrence.
(c) Notwithstanding the provisions of subsection (b) of this section, a clinic organized, in whole or in part, for the delivery of health care services without charge is not relieved from imputed liability for the negligent acts of a physical therapist or physical therapist assistant rendering voluntary physical therapy services at or for the clinic under a special volunteer license authorized under this section.
(d) For purposes of this section, 'otherwise eligible for licensure' means the satisfaction of all the requirements for licensure for a physical therapist or physical therapist assistant, as the case may be, except the fee requirements.
(e) Nothing in this section may be construed as requiring the board to issue a special volunteer license to any physical therapist or physical therapist assistant whose license is or has been subject to any disciplinary action or to any physical therapist or physical therapist assistant who has surrendered a license or caused a license to lapse, expire and become invalid in lieu of having a complaint initiated or other action taken against his or her license, or who has elected to place a license in inactive status in lieu of having a complaint initiated or other action taken against his or her license or who has been denied a license.
(f) Any policy or contract of liability insurance providing coverage for liability sold, issued or delivered in this state to any physical therapist or physical therapist assistant covered under the provisions of this article shall be read so as to contain a provision or endorsement whereby the company issuing such policy waives or agrees not to assert as a defense on behalf of the policy holder or any beneficiary there of the policy, to any claim covered by the terms of the policy within the policy limits, the immunity from liability of the insured by reason of the care and treatment of needy and indigent patients by a physical therapist or physical therapist assistant who holds a special volunteer license.
§30-20-14. Renewal requirements.
(a) All persons regulated by this article shall annually or biannually before January 1, renew his or her license by completing a form prescribed by the board and submitting any other information required by the board.
(b) The board shall charge a fee for each renewal of a license and shall charge a late fee for any renewal not paid by the due date.
(c) The board shall require as a condition of renewal that each licensee complete continuing education.
(d) The board may deny an application for renewal for any reason which would justify the denial of an original application for a license.
§30-20-15. Delinquent and expired license requirements.
(a) If a license is not renewed when due, then the board shall automatically place the licensee on delinquent status.
(b) The fee for a person on delinquent status shall increase at a rate, determined by the board, for each month or fraction thereof that the renewal fee is not paid, up to a maximum of thirty-six months.
(c) Within thirty-six months of being placed on delinquent status, if a licensee wants to return to active practice, he or she must complete all the continuing education requirements and pay all the applicable fees as set by rule.
(d) After thirty-six months of being placed on delinquent status, a license is automatically placed on expired status and cannot be renewed. A person whose license has expired must reapply for a new license.
§30-20-16. Inactive license requirements.
(a) A licensee who does not want to continue an active practice shall notify the board in writing and be granted inactive status.
(b) A person granted inactive status is not subject to the payment of any fee and may not practice physical therapy or act as a physical therapist assistant in this state.
(c) When the person wants to return to the practice of physical therapy or act as a physical therapist assistant, the person shall submit an application for renewal along with all applicable fees as set by rule.
§30-20-17. Exemptions from licensure.
(a) The following persons are exempt from licensing requirements under the provisions of this article:
(1) A person who practices physical therapy pursuant to a course of study at an institution of higher learning, including, but not limited to, activities conducted at the institution of higher learning and activities conducted outside the institution if under the on-site supervision of a physical therapist;
(2) A person who practices physical therapy in the United States Armed Services, United States Public Health Service or Veterans Administration pursuant to federal regulations for state licensure of health care providers;
(3) A physical therapist who is licensed in another jurisdiction of the United States or credentialed to practice physical therapy in another country if that person is teaching, demonstrating or providing physical therapy services in connection with teaching or participating in an educational seminar of no more than sixty calendar days in a calendar year;
(4) A physical therapist who is licensed in another state if that person is consulting;
(5) A physical therapist who is licensed in another jurisdiction, if that person by contract or employment is providing physical therapy to individuals affiliated with or employed by established athletic teams, athletic organizations or performing arts companies temporarily practicing, competing or performing in the state for no more than sixty calendar days in a calendar year;
(6) A physical therapist who is licensed in another jurisdiction who enters this state to provide physical therapy during a declared local, state or national disaster or emergency. This exemption applies for no longer than sixty calendar days in a calendar year following the declaration of the emergency. The physical therapist shall notify the board of their intent to practice;
(7) A physical therapist licensed in another jurisdiction who is forced to leave his or her residence or place of employment due to a declared local, state or national disaster or emergency and due to the displacement seeks to practice physical therapy. This exemption applies for no longer than sixty calendar days in a calendar year following the declaration of the emergency. The physical therapist shall notify the board of their intent to practice; and
(8) A person administering simple massages and the operation of health clubs so long as not intended to constitute or represent the practice of physical therapy.
(9) A physical therapist assistant assisting an exempt physical therapist.
(10) Nothing contained in this article prohibits a person from practicing within his or her scope of practice as authorized by law.
§30-20-18. Display of license.
(a) The board shall prescribe the form for a license and permit, and may issue a duplicate license or permit upon payment of a fee.
(b) Any person regulated by the article shall conspicuously display his or her license or permit at his or her principal business location.
§30-20-19. Complaints; investigations; due process procedure; grounds for disciplinary action.
(a) The board may upon its own motion based on credible information, and shall upon the written complaint of any person, cause an investigation to be made to determine whether grounds exist for disciplinary action under this article or the legislative rules promulgated pursuant to this article.
(b) Upon initiation or receipt of the complaint, the board shall provide a copy of the complaint to the licensee or permittee.
(c) After reviewing any information obtained through an investigation, the board shall determine if probable cause exists that the licensee or permittee has violated subsection (g) of this section or rules promulgated pursuant to this article.
(d) Upon a finding that probable cause exists that the licensee or permittee has violated subsection (g) of this section or rules promulgated pursuant to this article, the board may enter into a consent decree or hold a hearing for the suspension or revocation of the license or permit or the imposition of sanctions against the licensee or permittee. Any hearing shall be held in accordance with the provisions of this article.
(e) Any member of the board or the executive secretary of the board may issue subpoenas and subpoenas duces tecum to obtain testimony and documents to aid in the investigation of allegations against any person regulated by the article.
(f) Any member of the board or its executive secretary may sign a consent decree or other legal document on behalf of the board.
(g) The board may, after notice and opportunity for hearing, deny or refuse to renew, suspend, restrict or revoke the license or permit of, or impose probationary conditions upon or take disciplinary action against, any licensee or permittee for any of the following reasons once a violation has been proven by a preponderance of the evidence:
(1) Obtaining a license or permit by fraud, misrepresentation or concealment of material facts;
(2) Being convicted of a felony or other crime involving moral turpitude;
(3) Being guilty of unprofessional conduct which placed the public at risk, as defined by legislative rule of the board;
(4) Intentional violation of a lawful order or legislative rule of the board;
(5) Having had a license or other authorization revoked or suspended, other disciplinary action taken, or an application for licensure or other authorization revoked or suspended by the proper authorities of another jurisdiction;
(6) Aiding or abetting unlicensed practice; or
(7) Engaging in an act while acting in a professional capacity which has endangered or is likely to endanger the health, welfare or safety of the public.
(h) For the purposes of subsection (g) of this section, effective July 1, 2010, disciplinary action may include:
(1) Reprimand;
(2) Probation;
(3) Restrictions;
(4) Administrative fine, not to exceed $1,000 per day per violation;
(5) Mandatory attendance at continuing education seminars or other training;
(6) Practicing under supervision or other restriction; or
(7) Requiring the licensee or permittee to report to the board for periodic interviews for a specified period of time.
(i) In addition to any other sanction imposed, the board may require a licensee or permittee to pay the costs of the proceeding.
§30-20-20. Procedures for hearing; right of appeal.
(a) Hearings are governed by the provisions of section eight, article one of this chapter.
(b) The board may conduct the hearing or elect to have an administrative law judge conduct the hearing.
(c) If the hearing is conducted by an administrative law judge, at the conclusion of a hearing he or she shall prepare a proposed written order containing findings of fact and conclusions of law. The proposed order may contain proposed disciplinary actions if the board so directs. The board may accept, reject or modify the decision of the administrative law judge.
(d) Any member or the executive secretary of the board has the authority to administer oaths, examine any person under oath and issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing, the board determines the licensee or permittee has violated provisions of this article or the board's rules, a formal written decision shall be prepared which contains findings of fact, conclusions of law and a specific description of the disciplinary actions imposed.
§30-20-21. Judicial review.
Any licensee or permittee adversely affected by a decision of the board entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code, and may appeal any ruling resulting from judicial review in accordance with article six, chapter twenty-nine-a of this code.
§30-20-22. Criminal proceedings; penalties.
(a) When, as a result of an investigation under this article or otherwise, the board has reason to believe that a licensee or permittee has committed a criminal offense under this article, the board may bring its information to the attention of an appropriate law-enforcement official.
(b) A person violating section one of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $5,000 or confined in jail not more than six months, or both fined and confined."
And by amending the title of the bill to read as follow:
Com. Sub. for H. B. 4140 - "A Bill to repeal §30-20-8a of the Code of West Virginia, 1931, as amended; to amend and reenact §30-20-1, §30-20-2, §30-20-3, §30-20-4, §30-20-5, §30-20-6, §30-20-7, §30-20-8, §30-20-9, §30-20-10, §30-20-11, §30-20-12, §30-20-13, §30-20-14 and §30-20- 15; and to amend said code by adding thereto seven new sections, designated §30-20-16, §30-20-17, §30-20-18, §30-20-19, §30-20-20, §30-20-21 and §30-20-22 all relating to the Board of Physical Therapy; prohibiting the practice of physical therapy without a license; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rulemaking authority; continuing a special revenue account; establishing license requirements; clarifying a scope of practice; providing for licensure for persons licensed in another state; establishing renewal requirements; providing permit requirements; establishing a special volunteer license; clarifying requirements for a license that is delinquent, expired or inactive; providing exemptions from licensure; requiring display of license; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action and providing criminal penalties."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 328), and there were--yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Armstead, Carmichael, McGeehan and J. Miller.
Absent And Not Voting: Argento and Ross.
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. 4140) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
H. B. 4142, Relating to the board of sanitarian.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §30-17-1, §30-17-2, §30-17-3, §30-17-4, §30-17-5, §30-17-6, §30-17-7, §30-17-8, §30-17-9, §30-17-10, 30-17-11, §30-17-12, §30-17-13, §30-17-14, §30-17-15, and §30-17-16 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto three new sections, designated §30-17-17, §30-17-18 and §30-17-19, all to read as follows:
ARTICLE 17. SANITARIANS.
§30-17-1. Unlawful acts.

It is unlawful for any person to practice or offer to practice environmental health science and public health sanitation in this state without being licensed, certified or permitted under the provisions of this article, or to advertise or use any title or description tending to convey the impression that the person is a registered sanitarian, sanitarian or sanitarian-in-training unless he or she has been duly authorized under the provisions of this article, and the license, certification or permit has not expired or been suspended or revoked.
§30-17-2. Applicable law.
The practice of environmental health science and public health sanitation, and the board are subject to the provisions of article one of this chapter, the provisions of this article and any rules promulgated hereunder.
§30-17-3. Definitions.
As used in this article, the following words and terms have the following meanings:
(a) 'Board' means the State Board of Sanitarians.
(b) 'Bureau' means the Bureau for Public Health.
(c) 'Certificate holder' means a person holding a certification issued by the board.
(d) 'Certificate' means a document issued to a sanitarian under the provisions of this article.
(e) 'Environmental health science' means public health science that includes, but is not limited to, the following bodies of knowledge: air quality, food quality and protection, hazardous and toxic substances, consumer product safety, housing, institutional health and safety, community noise control, radiation protection, recreational facilities, solid and liquid waste management, vector control, drinking water quality, milk sanitation and rabies control.
(f) 'License' means a document issued to a registered sanitarian under the provisions of this article.
(g) 'Licensee' means a person holding a license issued by the board.
(h) 'Permit' means a document issued to a sanitarian-in-training under the provisions of this article.
(i) 'Permittee' means a person holding a permit issued by the board.
(j) 'Practice of public health sanitation' means the consultation, instruction, investigation, inspection or evaluation by an employee of the bureau, or a municipal or county health department with the primary purpose of improving or conducting administration of enforcement of state laws and rules.
(k) 'Registered sanitarian' means a person who is licensed by the board and is uniquely qualified by education, specialized training, experience and examination to assist in the enforcement of public health sanitation laws and environmental sanitation regulations, and to effectively plan, organize, manage, evaluate and execute one or more of the many diverse disciplines comprising the field of public health sanitation.
(l) 'Sanitarian' means a person who is certified by the board and is uniquely qualified by education in the arts and sciences, specialized training and credible field experience to assist in the enforcement of public health sanitation laws and environmental sanitation regulations, and to effectively plan, organize, manage, evaluate and execute one or more of the many diverse disciplines comprising the field of public health sanitation.
(m) 'Sanitarian-in-training' means a person who is permitted by the board and possesses the necessary educational qualifications for certificate as a sanitarian, but who has not completed the experience requirements in the fields of public health sanitation and environmental health science as required for certificate.
§30-17-4. State Board of Sanitarians.
(a) The Board of Registration for Sanitarians is continued and commencing July 1, 2010, shall be known as the State Board of Sanitarians. Any member of the board, except one registered sanitarian, in office on July 1, 2010, may continue to serve until his or her successor has been appointed and qualified.
(b) Prior to July 1, 2010, the Governor, by and with the advice and consent of the Senate, shall appoint one certified sanitarian to replace one registered sanitarian.
(c) Commencing July 1, 2010, the board shall consist of the following seven voting members with staggered terms and 1 non-voting member:
(1) The Commissioner of the Bureau of Public Health, or his or her designee, who is a nonvoting member;
(2) Four members who are registered sanitarians, who are voting members;
(3) One member who has a certificate as a sanitarian at the time of the appointment, who is a voting member: Provided, That if the member becomes a registered sanitarian during his or her appointment term, then the person may not be reappointed as the certified sanitarian member, but may be reappointed as a registered sanitarian member; and
(4) Two citizen members, who are not licensed, certified or permitted under the provisions of this article, and who do not perform any services related to the practice of the professions regulated under the provisions of this article, who are voting members.
(d) Each voting member must be appointed by the Governor, by and with the advice and consent of the Senate, and must be a resident of this state during the appointment term.
(e) The term of each voting board member is five years.
(f) No voting member may serve more than two consecutive full terms and any voting member having served two full terms may not be appointed for one year after completion of his or her second full term. A voting member shall continue to serve until his or her successor has been appointed and qualified.
(g) Each licensed or certified member shall have been engaged in the practice of environmental health science or public health sanitation for at least five years immediately preceding the appointment.
(h) Each licensed or certified member shall maintain an active license or certificate with the board during his or her term.
(i) The Governor may remove any voting member from the board for neglect of duty, incompetency or official misconduct.
(j)A licensed or certified member of the board immediately and automatically forfeits membership to the board if his or her license or certificate to practice is suspended or revoked.
(k) A voting member of the board immediately and automatically forfeits membership to the board if he or she is convicted of a felony under the laws of any jurisdiction or becomes a nonresident of this state.
(l) The board shall designate one of its members as chairperson who serves at the will of the board.
(m) Each voting member of the board is entitled to receive compensation and expense reimbursement in accordance with section eleven, article one of this chapter.
(n) A majority of the members of the board shall constitute a quorum.
(o) The board shall hold at least two annual meetings. Other meetings may be held at the call of the chairperson, or upon the written request of two members, at such time and place as designated in the call or request.
(p) Prior to commencing his or her duties as a voting member of the board, each voting member shall take and subscribe to the oath required by section five, article four of the Constitution of this state.
§30-17-5. Powers and duties of the board.
The board has all the powers and duties set forth in article one of this chapter and also the following powers and duties:
(1) Hold meetings, conduct hearings and administer examinations;
(2) Set the requirements for a license, permit and certificate;
(3) Establish procedures for submitting, approving and rejecting applications for a license, permit and certificate;
(4) Determine the qualifications of any applicant for a license, permit and certificate;
(5) Prepare, conduct, administer and grade written, oral or written and oral examinations for a license;
(6) Determine the passing grade for the examinations;
(7) Contract with third parties to administer the examinations required under the provisions of this article;
(8) Maintain records of the examinations the board or a third party administers, including the number of persons taking the examination and the pass and fail rate;
(9) Maintain an office, and hire, discharge, establish the job requirements and fix the compensation of employees and contracted employees necessary to enforce the provisions of this article;
(10) Define the fees charged under the provisions of this article;
(11) Issue, renew, deny, suspend, revoke or reinstate a license, permit and certificate;
(12) Investigate alleged violations of the provisions of this article, legislative rules, orders and final decisions of the board;
(13) Conduct disciplinary hearings of persons regulated by the board;
(14) Determine disciplinary action and issue orders;
(15) Institute appropriate legal action for the enforcement of the provisions of this article;
(16) Maintain an accurate registry of names and addresses of all persons regulated by the board;
(17) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;
(18) Establish the continuing education requirements for licensees, permittees and certificate holders;
(19) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article;
(20) Sue and be sued in its official name as an agency of this state;
(21) Confer with the Attorney General or his or her assistant in connection with legal matters and questions; and
(22) Take all other actions necessary and proper to effectuate the purposes of this article.
§30-17-6. Rulemaking.
(a) The board shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including:
(1) Standards and requirements for a license, permit or certificate;
(2) Procedures for examinations and reexaminations;
(3) Requirements for third parties to prepare and/or administer examinations and reexaminations;
(4) Educational, experience and training requirements, and the passing grade on the examination;
(5) Standards for approval of courses;
(6) Procedures for the issuance and renewal of a license, permit or certificate
;
(7) A fee schedule;
(8) The continuing education requirements;
(9) The procedures for denying, suspending, revoking, reinstating or limiting the practice of a licensee, permittee or certificate holder;
(10) Requirements for an inactive or revoked license, permit or certificate; and
(11) Any other rules necessary to effectuate the provisions of this article.
(b) All of the board's rules in effect on July 1, 2010, shall remain in effect until they are amended or repealed, and references to provisions of former enactments of this article are interpreted to mean provisions of this article.
(c) The board is authorized to promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code, to set fees for the issuance and renewal of licenses, certificates and permits for an eighteen month period commencing July 1, 2010, and ending December 31, 2011.
§30-17-7. Fees; special revenue account; administrative fines.
(a) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the State Treasury designated the 'Sanitarians Operating Fund', which fund is continued. The fund shall be used by the board for the administration of this article. Except as may be provided in article one of this chapter, the board shall retain the amounts in the special revenue account from year to year. No compensation or expense incurred under this article is a charge against the General Revenue Fund.
(b) Any amounts received as fines imposed, pursuant to this article, shall be deposited into the General Revenue Fund of the State Treasury.
§30-17-8. Qualifications for licensure as a registered sanitarian.
(a) To be eligible to be licensed as a registered sanitarian, the applicant must:
(1) Be of good moral character;
(2) Have a bachelor's or higher degree from an accredited college or university;
(3) Successfully complete a sanitarian's training course of a minimum of three hundred hours, as approved by the board;
(4) Have at least two years of experience in the field of public health sanitation and environmental health science; and
(5) Pass an examination, as required by the board.
(b) An applicant may substitute a successfully completed master's or higher degree in public health, environmental science, sanitary science, community hygiene or other science field, as approved by the board, for one of the required years of experience.
(c) A registration issued by the board prior to July 1, 2010, shall for all purposes be considered a license issued under this article: Provided, That a person holding a registration issued prior to July 1, 2010, must renew pursuant to the provisions of this article.
§30-17-9. Qualifications for certificate as a sanitarian.
(a) To be eligible to be certified as a sanitarian, the applicant must:
(1) Be of good moral character;
(2) Have a bachelor's or higher degree from an accredited college or university;
(3) Successfully complete a sanitarian's training course of a minimum of three hundred hours, as approved by the board; and
(4) Have at least two years of experience in the field of public health sanitation and environmental health science.
(b) An applicant may substitute a successfully completed master's or higher degree in public health, environmental science, sanitary science, community hygiene or other science field as approved by the board for one of the required years of experience.
(c) A person who is registered as a sanitarian-in-training by the board and on or before July 1, 2010, has two or more years of experience in the field of public health sanitation and environmental health science, as approved by the board, shall for all purposes be considered certified under this article: Provided, That such a person must renew pursuant to the provisions of this article.
§30-17-10. Qualifications for permit as a sanitarian-in-training.
(a) To be eligible to be permitted as a sanitarian-in-training, the applicant must:
(1) Be of good moral character;
(2) Have a bachelor's or higher degree from an accredited college or university; and
(3) Successfully complete a sanitarian's training course of a minimum of three hundred hours within twelve months of being hired as a sanitarian-in-training.
(b) A person may practice as a sanitarian-in-training for a period not to exceed three years.
(c) The board may waive the requirements of subdivision (3) of subsection (a) and subsection (b) of this section, for a person who experiences an undue hardship, as determined by the board.
§30-17-11. Persons exempted from licensure.
The activities and services of qualified members of other recognized professions practicing environmental health science consistent with the laws of this state, their training and any code of ethics of their professions so long as such person does not represent themselves as a registered sanitarian, sanitarian or sanitarian-in-training as defined by this article.
§30-17-12. License from another state.
The board may issue a license or a certificate to practice environmental health science or public health sanitation in this state, without requiring an examination, to an applicant from another jurisdiction who:
(1) Is of good moral character;
(2) Holds a valid sanitarian license or other authorization to practice environmental health science or public health sanitation in another jurisdiction and meets requirements which are substantially equivalent to the requirements set forth in this article;
(3) Is not currently being investigated by a disciplinary authority of this state or another jurisdiction, does not have charges pending against his or her license or other authorization to practice environmental health science or public health sanitation, and has never had a license or other authorization to practice environmental health science or public health sanitation revoked;
(4) Has not previously failed an examination for licensure in this state;
(5) Has paid all the applicable fees;
(6) Completes any additional training as determined by the board; and
(7) Completes such other action as required by the board.
§30-17-13. Renewal requirements.
(a) The board may issue, renew and charge fees for licenses, certificates and permits for an eighteen month period commencing July 1, 2010, and ending December 31, 2011.
(b) Commencing January 1, 2012, and annually or biennially thereafter, a person regulated by this article shall renew his or her license, permit or certificate by completing a form prescribed by the board, paying the applicable fees and submitting any other information required by the board.
(c) The board shall charge a fee for each renewal of a license, permit or certificate and may charge a late fee for any renewal not paid by the due date.
(d) The board shall require as a condition for the renewal of a license, permit or certificate that each person regulated by this article complete continuing education.
(e) The board may deny an application for renewal for any reason which would justify the denial of an original application for a license, permit or certificate.
§30-17-14. Display of license, permit or certificate.
(a) The board shall prescribe the form for a license, permit and certificate and may issue a duplicate upon payment of a fee.
(b) Any person, not employed by the bureau or a municipal or county health department, shall conspicuously display his or her license, permit or certificate at his or her principal place of practice.
(c) A person regulated by the board shall carry valid proof of licensure, permit or certificate on his or her person during the performance of his or her duties.
§30-17-15. Complaints; investigations; due process procedure; grounds for disciplinary action.

(a) The board may upon its own motion and shall upon the written complaint of any person cause an investigation to be made to determine whether grounds exist for disciplinary action under this article.
(b) Upon initiation or receipt of the complaint, the board shall provide a copy of the complaint to the licensee, permittee or certificate holder.
(c) The board may cause an investigation to be made into the facts and circumstances giving rise to the complaint.
(d) After reviewing any information obtained through an investigation, the board shall determine if probable cause exists that the licensee, permittee or certificate holder has violated this article.
(e) Upon a finding that probable cause exists that the licensee, permittee or certificate holder has violated this article, the board may enter into a consent decree or hold a hearing for the suspension or revocation of the license, certificate or permit or the imposition of sanctions against the licensee, permittee or certificate holder. The hearing shall be held in accordance with the provisions of this article.
(f) Any member of the board or the executive director of the board may issue subpoenas and subpoenas duces tecum to obtain testimony and documents to aid in the investigation of allegations against any person regulated by this article.
(g) Any member of the board or its executive director may sign a consent decree or other legal document on behalf of the board.
(h) The board may, after notice and opportunity for hearing, deny or refuse to renew, suspend or revoke the license, permit or certificate of, impose probationary conditions upon or take disciplinary action against, any licensee, permittee or certificate holder for any of the following reasons:
(1) Obtaining a license, permit or certificate by fraud, misrepresentation or concealment of material facts;
(2) Being convicted of a felony or other crime involving moral turpitude;
(3) Being guilty of unprofessional conduct which placed the public at risk;
(4) Violating this article or lawful order of the board that placed the public at risk;
(5) Having had a license or other authorization revoked or suspended, other disciplinary action taken, or an application for licensure or other authorization denied by the proper authorities of another jurisdiction, irrespective of intervening appeals and stays; or
(6) Engaging in any act which has endangered or is likely to endanger the health, welfare or safety of the public.
(i) For the purposes of subsection (h) of this section, disciplinary action may include:
(1) Reprimand;
(2) Probation;
(3) Administrative fine, not to exceed $1,000 per day per violation;
(4) Mandatory attendance at continuing education seminars or other training;
(5) Practicing under supervision or other restriction;
(6) Requiring the licensee, permittee or certificate holder to report to the board for periodic interviews for a specified period of time; or
(7) Other corrective action considered by the board to be necessary to protect the public, including advising other parties whose legitimate interests may be at risk.
§30-17-16. Procedures for hearing; right of appeal.
(a) Hearings are governed by the provisions of section eight, article one of this chapter.
(b) The board may conduct the hearing or elect to have an administrative law judge conduct the hearing.
(c) If the hearing is conducted by an administrative law judge, at the conclusion of a hearing he or she shall prepare a proposed written order containing findings of fact and conclusions of law. The proposed order may contain proposed disciplinary actions if the board so directs. The board may accept, reject or modify the decision of the administrative law judge.
(d) Any member or the executive director of the board has the authority to administer oaths, examine any person under oath and issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing, the board determines the licensee, permittee or certificate holder has violated this article, a formal written decision shall be prepared which contains findings of fact, conclusions of law and a specific description of the disciplinary actions imposed.
§30-17-17. Judicial review; appeal to Supreme Court of Appeals.
Any licensee, permittee or certificate holder adversely affected by a decision of the board entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code, and may appeal any ruling resulting from judicial review in accordance with article six, chapter twenty-nine-a of this code.
§30-17-18. Criminal proceedings; penalties.
(a) When, as a result of an investigation under this article or otherwise, the board has reason to believe that a licensee, permittee or certificate holder has knowingly violated this article, the board may bring its information to the attention of an appropriate law-enforcement official who may cause criminal proceedings to be brought.
(b) If a court finds that a person violating this article, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000 or confined in jail not more than six months, or both fined and confined.
§30-17-19. Single act evidence of practice.
In any action brought or in any proceeding initiated under this article, evidence of the commission of a single act prohibited by this article is sufficient to justify a penalty, injunction, restraining order or conviction without evidence of a general course of conduct."
And by amending the title of the bill to read as follows:
Com. Sub. for H. B. 4142 - "A Bill to amend and reenact §30-17-1, §30-17-2, §30-17-3, §30-17-4, §30-17-5, §30-17-6, §30-17-7, §30-17-8, §30-17-9, §30-17-10, §30-17-11, §30-17-12, §30-17-13, §30-17-14, §30-17-15, and §30-17-16 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §30-17-17, §30-17-18 and §30-17-19, all relating to the State Board of Sanitarians; prohibiting the practice of environmental health science and public health sanitation without a license, certification or permit; updating definitions; changing the board composition; clarifying the powers and duties of the board; clarifying rule-making authority; authorizing emergence rules; continuing a special revenue account; establishing license, permit and certificate requirements; providing exemptions from licensure; licensing requirements for persons licensed in another state; establishing renewal requirements; requiring display of license, certification and permit; setting grounds for disciplinary actions; establishing specific disciplinary actions; providing procedures for investigation of complaints, judicial review, appeals of decisions, hearings, notice and civil causes of action; providing criminal penalties; and providing that a single act is evidence of practice."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 329), and there were--yeas 88, nays 10, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Armstead, Carmichael, Ellem, Lane, Louisos, McGeehan, J. Miller, Sobonya, Sumner and Walters.
Absent And Not Voting: Argento and Ross.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4142) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4145, Providing services and facilities to assist student veterans at state institutions of higher education
.On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page five, section nine, line seventy-two, by striking out the word "corroborative" and inserting in lieu thereof the word "collaborative".
And by amending the title of the bill to read as follows:
Com. Sub. for H. B. 4145 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-4-9, relating to requiring the Commission and Council to establish and implement measures to provide services and facilities to assist student veterans at state institutions of higher education; and providing for annual reports to the Legislature."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 330), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Argento and Ross.
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. 4145) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
H. B. 4155, Permitting revenues allocated to volunteer and part time fire departments to be used for Workers' Compensation premiums and length of service awards.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page four, section eight-b, lines fifty-eight through sixty, by striking out all of subdivision (14) and inserting in lieu thereof a new subdivision (14), to read as follows:
"(14) Life insurance premiums to provide a benefit not to exceed $20,000 for firefighters; and".
And by amending the title of the bill to read as follows:
Com. Sub. for H. B. 4155 - "A Bill to amend and reenact §8-15-8b of the Code of West Virginia, 1931, as amended, relating to permitting revenues allocated to volunteer and part time fire departments to be used for Workers' Compensation premiums, certain life insurance premiums, educational training supplies and fire prevention promotional materials; and revising references."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 331), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Argento and Ross.
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. 4155) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4194, Codifying the Division of Criminal Justice Services being incorporated into the Department of Military Affairs and Public Safety.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
The Committee on Government Organization moved to amend the bill striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §5F-2-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto three new sections, designated §15-9A-1, §15-9A-2 and §15-9A-3, all to read as follows:
ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.
§5F-2-1. Transfer and incorporation of agencies and boards; funds.
(a) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Administration:
(1) Building Commission provided in article six, chapter five of this code;
(2) Public Employees Insurance Agency provided in article sixteen, chapter five of this code;
(3) Governor's Mansion Advisory Committee provided in article five, chapter five-a of this code;
(4) Commission on Uniform State Laws provided in article one-a, chapter twenty-nine of this code;
(5) West Virginia Public Employees Grievance Board provided in article three, chapter six-c of this code;
(6) Board of Risk and Insurance Management provided in article twelve, chapter twenty-nine of this code;
(7) Boundary Commission provided in article twenty-three, chapter twenty-nine of this code;
(8) Public Defender Services provided in article twenty-one, chapter twenty-nine of this code;
(9) Division of Personnel provided in article six, chapter twenty-nine of this code;
(10) The West Virginia Ethics Commission provided in article two, chapter six-b of this code;
(11) Consolidated Public Retirement Board provided in article ten-d, chapter five of this code; and
(12) Real Estate Division provided in article ten, chapter five-a of this code.
(b) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Commerce:
(1) Division of Labor provided in article one, chapter twenty-one of this code, which includes:
(A) Occupational Safety and Health Review Commission provided in article three-a, chapter twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety provided in article nine, chapter twenty-one of this code;
(2) Office of Miners' Health, Safety and Training provided in article one, chapter twenty-two-a of this code. The following boards are transferred to the Office of Miners' Health, Safety and Training for purposes of administrative support and liaison with the office of the Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review Committee provided in article six, chapter twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification provided in article seven, chapter twenty-two-a of this code; and
(C) Mine Inspectors' Examining Board provided in article nine, chapter twenty-two-a of this code;
(3) The West Virginia Development Office, which includes the Division of Tourism and the Tourism Commission provided in article two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources Commission provided in article one, chapter twenty of this code;
(5) Division of Forestry provided in article one-a, chapter nineteen of this code;
(6) Geological and Economic Survey provided in article two, chapter twenty-nine of this code; and
(7) Workforce West Virginia provided in chapter twenty-one-a of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment Services;
(C) Division of Workforce Development; and
(D) Division of Research, Information and Analysis; and
(8) Division of Energy provided in article two-f, chapter five-b of this code.
(c) The Economic Development Authority provided in article fifteen, chapter thirty-one of this code is continued as an independent agency within the executive branch.
(d) The Water Development Authority and Board provided in article one, chapter twenty-two-c of this code is continued as an independent agency within the executive branch.
(e) The following agencies and boards, including all of the allied, advisory and affiliated entities, are transferred to the Department of Environmental Protection for purposes of administrative support and liaison with the office of the Governor:
(1) Air Quality Board provided in article two, chapter twenty-two-b of this code;
(2) Solid Waste Management Board provided in article three, chapter twenty-two-c of this code;
(3) Environmental Quality Board, or its successor board, provided in article three, chapter twenty-two-b of this code;
(4) Surface Mine Board provided in article four, chapter twenty-two-b of this code;
(5) Oil and Gas Inspectors' Examining Board provided in article seven, chapter twenty-two-c of this code;
(6) Shallow Gas Well Review Board provided in article eight, chapter twenty-two-c of this code; and
(7) Oil and Gas Conservation Commission provided in article nine, chapter twenty-two-c of this code.
(f) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Education and the Arts:
(1) Library Commission provided in article one, chapter ten of this code;
(2) Educational Broadcasting Authority provided in article five, chapter ten of this code;
(3) Division of Culture and History provided in article one, chapter twenty-nine of this code;
(4) Division of Rehabilitation Services provided in section two, article ten-a, chapter eighteen of this code.
(g) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Health and Human Resources:
(1) Human Rights Commission provided in article eleven, chapter five of this code;
(2) Division of Human Services provided in article two, chapter nine of this code;
(3) Bureau for Public Health provided in article one, chapter sixteen of this code;
(4) Office of Emergency Medical Services and Advisory Council provided in article four-c, chapter sixteen of this code;
(5) Health Care Authority provided in article twenty-nine-b, chapter sixteen of this code;
(6) Commission on Mental Retardation provided in article fifteen, chapter twenty-nine of this code;
(7) Women's Commission provided in article twenty, chapter twenty-nine of this code; and
(8) The Child Support Enforcement Division provided in chapter forty-eight of this code.
(h) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Military Affairs and Public Safety:
(1) Adjutant General's Department provided in article one-a, chapter fifteen of this code;
(2) Armory Board provided in article six, chapter fifteen of this code;
(3) Military Awards Board provided in article one-g, chapter fifteen of this code;
(4) West Virginia State Police provided in article two, chapter fifteen of this code;
(5) Division of Homeland Security and Emergency Management and Disaster Recovery Board provided in article five, chapter fifteen of this code and Emergency Response Commission provided in article five-a of said chapter;
(6) Sheriffs' Bureau provided in article eight, chapter fifteen of this code;
(7) Division of Justice and Community Services provided in article nine a, chapter fifteen of this code;
(7) (8) Division of Corrections provided in chapter twenty-five of this code;
(8) (9) Fire Commission provided in article three, chapter twenty-nine of this code;
(9) (10) Regional Jail and Correctional Facility Authority provided in article twenty, chapter thirty-one of this code;
(10) (11) Board of Probation and Parole provided in article twelve, chapter sixty-two of this code; and
(11) (12) Division of Veterans' Affairs and Veterans' Council provided in article one, chapter nine-a of this code.
(i) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Revenue:
(1) Tax Division provided in article one, chapter eleven of this code;
(2) Racing Commission provided in article twenty-three, chapter nineteen of this code;
(3) Lottery Commission and position of Lottery Director provided in article twenty-two, chapter twenty-nine of this code;
(4) Agency of Insurance Commissioner provided in article two, chapter thirty-three of this code;
(5) Office of Alcohol Beverage Control Commissioner provided in article sixteen, chapter eleven of this code and article two, chapter sixty of this code;
(6) Board of Banking and Financial Institutions provided in article three, chapter thirty-one-a of this code;
(7) Lending and Credit Rate Board provided in chapter forty-seven-a of this code;
(8) Division of Banking provided in article two, chapter thirty-one-a of this code;
(9) The State Budget Office provided in article two of this chapter;
(10) The Municipal Bond Commission provided in article three, chapter thirteen of this code;
(11) The Office of Tax Appeals provided in article ten-a, chapter eleven of this code; and
(12) The State Athletic Commission provided in article five-a, chapter twenty-nine of this code.
(j) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Transportation:
(1) Division of Highways provided in article two-a, chapter seventeen of this code;
(2) Parkways, Economic Development and Tourism Authority provided in article sixteen-a, chapter seventeen of this code;
(3) Division of Motor Vehicles provided in article two, chapter seventeen-a of this code;
(4) Driver's Licensing Advisory Board provided in article two, chapter seventeen-b of this code;
(5) Aeronautics Commission provided in article two-a, chapter twenty-nine of this code;
(6) State Rail Authority provided in article eighteen, chapter twenty-nine of this code; and
(7) Port Authority provided in article sixteen-b, chapter seventeen of this code.
(k) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the position of administrator and the powers, authority and duties of each administrator and agency are not affected by the enactment of this chapter.
(l) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the existence, powers, authority and duties of boards and the membership, terms and qualifications of members of the boards are not affected by the enactment of this chapter. All boards that are appellate bodies or are independent decision makers shall not have their appellate or independent decision-making status affected by the enactment of this chapter.
(m) Any department previously transferred to and incorporated in a department by prior enactment of this section means a division of the appropriate department. Wherever reference is made to any department transferred to and incorporated in a department created in section two, article one of this chapter, the reference means a division of the appropriate department and any reference to a division of a department so transferred and incorporated means a section of the appropriate division of the department.
(n) When an agency, board or commission is transferred under a bureau or agency other than a department headed by a secretary pursuant to this section, that transfer is solely for purposes of administrative support and liaison with the Office of the Governor, a department secretary or a bureau. Nothing in this section extends the powers of department secretaries under section two of this article to any person other than a department secretary and nothing limits or abridges the statutory powers and duties of statutory commissioners or officers pursuant to this code.
CHAPTER 15. PUBLIC SAFETY.

ARTICLE 9A. Division of Justice and Community Services.
§15-9A-1. Legislative findings.
The West Virginia Division of Justice and Community Services is required to perform certain administrative and executive functions related to the improvement of the criminal justice and juvenile justice systems, and various component agencies of state and local government with research and performance data, planning, funding and managing programs supported by federal and state granted funds, and through its staff activities on behalf of the Governor's Committee on Crime, Delinquency and Correction, to provide regulatory oversight of law enforcement training and certification, community corrections programs established under the provisions of article eleven-c, chapter sixty-two of this code, and the monitoring of facilities for compliance with juvenile detention facilities standards established by state and federal law. These administrative and executive staffing functions are necessary to provide for planning and coordination of services among the components of the criminal and juvenile justice systems; program development and implementation; and administration of grant funded programs emphasizing safety, prevention, coordination and the general enhancement of the criminal justice system as a whole, as well as such other federal grant funded activities as the Governor may from time to time designate for administration by the Division.
§15-9A-2. Division established; appointment of director.
(a) The Division of Justice and Community Services is created. The purpose of the division is to provide executive and administrative support to the Governor's Committee on Crime Delinquency and Correction in the coordination of planning for the criminal justice system, to administer federal and state grant programs assigned to it by the actions of the Governor or Legislature, and to perform such other duties as the legislature may from time to time assign to the Division.
(b) The director of the division shall be named by the Governor to serve at his will and pleasure.
(c) The director of the division shall take and subscribe to an oath of office in conformity with article IV, section five of the Constitution of the State of West Virginia.
§15-9A-3 Duties and powers of the director.
(a) The director is responsible for the control and supervision of the division.
(b) The director shall be charged with executive and administrative responsibility to (i) carry out the specific duties imposed on the Governor's Committee on Crime, Delinquency and Correction under the provisions of article nine, chapter fifteen; article twenty-nine, chapter thirty; and article eleven-c, chapter sixty-two of this code; (ii) maintain appropriate liaison with federal, state and local agencies and units of government, or combinations thereof, in order that all programs, projects and activities for strengthening and improving law enforcement and the administration of criminal justice may function effectively at all levels of government, and (iii) seek sources of federal grant assistance programs that may benefit the state when authorized by the Governor and manage the dispersal of those funds through grant contracts to sub-grantees in a manner consistent with state and federal law, and with sound and accountable management practices for the efficient and effective use of public funds.
(c) The director may:
(1) Employ necessary personnel, assign them the duties necessary for the efficient management and operation of the division;
(2) Work to bridge gaps between federal, state and local units of government, as well as private/non-profit organizations and the general public;
(3) Provide staff assistance in the coordination of all facets of the criminal and juvenile justice systems on behalf of the Governor's Committee on Crime Delinquency and Correction, including but not limited to law enforcement, jails, corrections, community corrections and victim services;
(4) Acquire criminal justice resources and coordinate the allocation of these resources to state, local and not-for-profit agencies;
(5) Maintain a web based data base for all community correction programs;
(6) Through the Criminal Justice Statistical Analysis Center, collect, compile, and analyze crime and justice data in the state, generating statistical and analytical products for criminal justice professionals professional and policy makers to establish a basis for sound policy and practical considerations for the criminal justice system and make such recommendations for system improvement as may be warranted by such research;
(7) Receive and disburse federal and state grants.
Nothing in this chapter shall be construed as authorizing the division to undertake direct operational responsibilities in law enforcement or the administration of criminal justice."
And by amending the title to read as follows:
Com. Sub. for H. B. 4194 - "A Bill to amend and reenact §5F-2-1 of the Code of West Virginia, 1931, as amended, and that said code be amended by adding thereto three new sections designated §15-9A-1, §15-9A-2 and §15-9A-3, all relating to codifying the Division of Justice and Community Services being incorporated in and administered as a part of the Department of Military Affairs and Public Safety."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 332), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Argento and Ross.
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. 4194) passed.
Delegate Boggs moved that the bill take effect July 1, 2010.
On this question, the yeas and nays were taken (Roll No. 333), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Argento and Ross.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4194) takes effect July 1, 2010.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4207, Making it unlawful to send obscene, anonymous, harassing and threatening communications by computer, mobile phone, personal digital assistant or other mobile device.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §61-3C-14a of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §61-8-16 of said code be amended and reenacted, all to read as follows:
ARTICLE 3C. WEST VIRGINIA COMPUTER AND MOBILE DEVICES CRIME AND ABUSE ACT.
§61-3C-14a. Obscene, anonymous, harassing and threatening communications by computer and mobile devices; penalty.

(a) It is unlawful for any person, with the intent to harass or abuse another person to use a computer, mobile phone, personal digital assistant or other mobile device to:
(1) Make contact with another without disclosing his or her identity with the intent to harass or abuse;
(2) Make contact with a person after being requested by the person to desist from contacting them;
(3) Threaten to commit a crime against any person or property; or
(4) Cause obscene material to be delivered or transmitted to a specific person after being requested to desist from sending such material.; or
(5) Cause software, spyware, a virus, a trojan or similar programs to be installed in the mobile phone, personal digital assistant or other mobile device of another person without that person's knowledge and consent which program allows or causes transmission of voice or non-voice content, conversation, text message, electronic mail or the location of the non-consenting person's computer, mobile phone or digital assistant or other mobile device at any particular time. The provisions of this subdivision do not apply to:
(A) Global positioning system software installed in mobile devices by the device's manufacturer, or
(B) Installation, modification or maintenance of software or programs by a telecommunications service provider on a mobile, personal digital assistant, or other mobile device owned or leased by its customer.
(b)(1) For purposes of this section, the 'use of a computer, mobile phone, personal digital assistant or other mobile device' includes, but is not limited to, the transmission of text messages, electronic mail, photographs, videos, images or other non-voice data by means of a computerized communication system, and includes the transmission of such data to another's computer, e-mail account, mobile phone, personal digital assistant or other mobile device.
(2) For purposes of this section, 'obscene material' means material that:
(A) An average person, applying contemporary adult community standards, would find, taken as a whole, appeals to the prurient interest, is intended to appeal to the prurient interest, or is pandered to a prurient interest;
(B) An average person, applying contemporary adult community standards, would find, depicts or describes, in a patently offensive way, sexually explicit conduct consisting of an ultimate sexual act, normal or perverted, actual or simulated, an excretory function, masturbation, lewd exhibition of the genitals or sadomasochistic sexual abuse; and
(C) A reasonable person would find, taken as a whole, lacks literary, artistic, political or scientific value.
(b)(c) It is unlawful for any person to knowingly permit a computer, mobile phone or personal digital assistant or other mobile device under his or her control to be used for any purpose prohibited by this section.
(c)(d) Any offense committed under this section may be determined to have occurred at the place at which the contact originated or the place at which the contact was received or intended to be received.
(d)(e) Any person who violates a provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 or confined in a county or regional jail not more than six months, or both fined and confined. For a second or subsequent offense, the person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in a county or regional jail for not more than one year, or both fined and confined. For a third or subsequent offense, the person is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 or confined in a state correctional facility for not more than two years, or both fined and confined.
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.

§61-8-16. Obscene, anonymous, harassing, repeated and threatening telephone calls; penalty.

(a) It shall be unlawful for any person with intent to harass or abuse another by means of telephone to:
(1) Make any comment, request, suggestion or proposal which is obscene; or
(2) Make a telephone call, whether or not conversation ensues, without disclosing his identity and with intent to harass any person at the called number; or
(3) Make or cause the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number; or
(4) Make repeated telephone calls, during which conversation ensues, with intent to harass any person at the called number; or
(5) Threaten to commit a crime against any person or property.
(b) It shall be unlawful for any person to knowingly permit any telephone under his control to be used for any purpose prohibited by this section.
(c) Any offense committed under this section may be deemed to have occurred at the place at which the telephone call was made, or the place at which the telephone call was received.
(d) Any person who violates any provision of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than five hundred dollars, or imprisoned confined in the county a jail not more than six months, or both fined and imprisoned confined."
And by amending the title of the bill to read as follows:
Com. Sub. for H. B. 4207 - "A Bill to amend and reenact §61-3C-14a of the Code of West Virginia, 1931; and to amend and reenact §61-8-16 of said code, all relating to crimes using computers and electronic devices; creating offenses for the unlawful transmission of obscene, anonymous, harassing and threatening communications and data by mobile phone, personal digital assistant or other mobile device; clarifying provisions pertaining to the unlawful obscene, anonymous, harassing and threatening communications by traditional voice communication by telephone; prohibiting using computers or electronic devices to cause eavesdropping and data interception programs onto mobile phones and similar devices of another without that person's knowledge and consent; creating the misdemeanor offense of unlawful impersonation of another by computer or other electronic means; creating a felony offense for certain repeat offenses using a computer, mobile phone or other mobile device; and establishing penalties."
On motion of Delegate Boggs, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4223, Increasing the safety of school children that use school buses. On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §17C-12-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 12. SPECIAL STOPS REQUIRED.
§17C-12-7. Overtaking and passing school bus; penalties; signs and warning lights upon buses; requirements for sale of buses; mounting of cameras; educational information campaign; limitation on idling.

(a) The driver of a vehicle, upon meeting or overtaking from either direction any school bus which has stopped for the purpose of receiving or discharging any school children, shall stop the vehicle before reaching the school bus when there is in operation on the school bus flashing warning signal lights, as referred to in section eight of this article, and the driver shall may not proceed until the school bus resumes motion, or is signaled by the school bus driver to proceed or the visual signals are no longer actuated. This section applies wherever the school bus is receiving or discharging children including, but not limited to, any street, highway, parking lot, private road or driveway: Provided, That the driver of a vehicle upon a controlled access highway need not stop upon meeting or passing a school bus which is on a different roadway or adjacent to the highway and where pedestrians are not permitted to cross the roadway.
(b) Any driver acting in violation of this subsection (a) of this section is guilty of a misdemeanor and, upon conviction for a first offense, shall be fined not less than fifty dollars $150 or more than two hundred dollars $500, or imprisoned confined in the county jail not more than six months, or both fined and imprisoned confined. Upon conviction of a second violation of subsection (a), the driver shall be fined $500, or confined in jail not more than six months, or both fined and confined. Upon conviction of a third or subsequent violation of subsection (a), the driver shall be fined $500, and confined not less than twenty-four hours in jail but not more than six months.
(c) In addition to the penalties prescribed in subsections (b) of this section, the Commissioner of Motor Vehicles shall, upon conviction, suspend the driver's license of the person so convicted:
(1) of a first offense under subsection (b) of this section, for a period of thirty days;
(2) of a second offense under subsection (b) of this section, for a period of ninety days; or
(3) of a third or subsequent offense under subsection (b) of this section, for a period of one hundred and eighty days.
(d) Any driver of a vehicle who willfully violates the provisions of subsection (a) of this section and the violation causes serious bodily injury to any person other than the driver, is guilty of a felony and, upon conviction, shall be confined in a state correctional facility not less than one year nor more than three years and fined not less than $500 nor more than $2,000.
(e) Any driver of a vehicle who willfully violates the provisions of subsection (a) of this section, and the violation causes death, is guilty of a felony and, upon conviction, shall be confined in a state correctional facility not less than one year nor more than ten years and fined not less than $1,000 nor more than $3,000.
If the identity of the driver cannot be ascertained, then any owner or lessee of the vehicle in violation of this subsection is guilty of a misdemeanor and, upon conviction shall be fined of not less than twenty-five dollars nor more than one hundred dollars. The conviction shall not subject the owner or lessee to further administrative or other penalties for the offense, notwithstanding other provisions of this code to the contrary.
(b) (f) Every bus used for the transportation of school children shall bear upon the front and rear of the bus a plainly visible sign containing the words 'school bus' in letters not less than eight inches in height. When a contract school bus is being operated upon a highway for purposes other than the actual transportation of children either to or from school, all markings on the contract school bus indicating 'school bus' shall be covered or concealed. Any school bus sold or transferred to another owner by a county board of education, agency or individual shall have all flashing warning lights disconnected and all lettering removed or permanently obscured, except when sold or transferred for the transportation of school children.
(g) Every county board of education is hereby authorized to mount a camera on any school bus for the purpose of enforcing this section or for any other lawful purpose.
(h) To the extent that state, federal or other funds are available, the State Police shall conduct an information campaign to educate drivers concerning the provisions of this section and the importance of school bus safety.
(c) (i) The State Board of Education shall write a policy promulgate a rule in accordance with the provisions of article three-b, chapter twenty-nine-a of this code governing the idling of school buses."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 334), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Argento and Ross.
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. 4223) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
H. B. 4248, Relating to the solicitation of charitable funds
.On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page two, section two, line seven, after the word "principles" by inserting the words "issued by the American Institute of Certified Public Accountants".
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 335), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Argento and Ross.
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. 4248) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:
H. B. 4416, Declaring certain claims against the state and its agencies to be moral obligations of the state and directing payments thereof.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 336), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Argento and Ross.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4416) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with a title amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4504, Adopting the Uniform State Military Code of Justice into West Virginia law.On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate title amendment was reported by the Clerk:
Com. Sub. for H. B. 4504 - "A Bill to amend and reenact §15-1E-1, §15-1E-2, §15-1E-3, §15-1E-4, §15-1E-5, §15-1E-6, §15-1E-7, §15-1E-8, §15-1E-9, §15-1E-10, §15-1E-11, §15-1E-12, §15-1E-13, §15-1E-14, §15-1E-15, §15-1E-16, §15-1E-17, §15-1E-18, §15-1E-19, §15-1E-20, §15- 1E-21, §15-1E-22, §15-1E-23, §15-1E-24, §15-1E-25, §15-1E-26, §15-1E-27, §15-1E-28, §15-1E- 29, §15-1E-30, §15-1E-31, §15-1E-32, §15-1E-33, §15-1E-34, §15-1E-35, §15-1E-36, §15-1E-37, §15-1E-38, §15-1E-39, §15-1E-40, §15-1E-41, §15-1E-42, §15-1E-43, §15-1E-44, §15-1E-45, §15- 1E-46, §15-1E-47, §15-1E-48, §15-1E-49, §15-1E-50, §15-1E-51, §15-1E-52, §15-1E-53, §15-1E- 54, §15-1E-55, §15-1E-56, §15-1E-57, §15-1E-58, §15-1E-59, §15-1E-60, §15-1E-61, §15-1E-62, §15-1E-63, §15-1E-64, §15-1E-65, §15-1E-66, §15-1E-67, §15-1E-68, §15-1E-69, §15-1E-70, §15- 1E-71, §15-1E-72, §15-1E-73, §15-1E-74, §15-1E-75, §15-1E-76, §15-1E-77, §15-1E-78, §15-1E- 79, §15-1E-80, §15-1E-81, §15-1E-82, §15-1E-83, §15-1E-84, §15-1E-85, §15-1E-86, §15-1E-87, §15-1E-88, §15-1E-89, §15-1E-90, §15-1E-91, §15-1E-92, §15-1E-93, §15-1E-94, §15-1E-95, §15- 1E-96, §15-1E-97, §15-1E-98, §15-1E-99, §15-1E-100, §15-1E-101, §15-1E-102, §15-1E-103, §15- 1E-104, §15-1E-105, §15-1E-106, §15-1E-107, §15-1E-108, §15-1E-109, §15-1E-110, §15-1E-111, §15-1E-112, §15-1E-113, §15-1E-114, §15-1E-115, §15-1E-116, §15-1E-117, §15-1E-118, §15-1E- 119, §15-1E-120, §15-1E-121, §15-1E-122, §15-1E-123, §15-1E-124, §15-1E-125, §15-1E-126, §15-1E-127, §15-1E-128, §15-1E-129, §15-1E-130, §15-1E-131, §15-1E-132, §15-1E-133, §15-1E- 134, §15-1E-135, §15-1E-136, §15-1E-137 and §15-1E-138, of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto eighteen new sections, designated §15-1E- 50a, §15-1E-57a, §15-1E-58a, §15-1E-58b, §15-1E-67a, §15-1E-76a, §15-1E-76b, §15-1E-112a, §15-1E-139, §15-1E-140, §15-1E-141, §15-1E-142, §15-1E-143, §15-1E-144, §15-1E-145, §15-1E- 146, §15-1E-147 and §15-1E-148, all relating to adopting the Uniform State Military Code of Justice; defining terms; designating persons subject to this code and jurisdiction; noting the territorial applicability of the code; detailing apprehension and restraint procedures; establishing nonjudicial punishment authority; stating court-martial jurisdiction; prescribing appointment and composition of courts-martial; describing pretrial and trial procedure; specifying sentences after conviction; delineating post-trial procedure and review of courts-martial; establishing punitive articles; and creating miscellaneous provisions."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 337), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: McGeehan.
Absent And Not Voting: Argento and Ross.
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. 4504) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4512, Relating to school bus operators.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page thirteen, section eight, line two hundred twenty-one, by striking out the word "Director" and inserting in lieu thereof the word "director".
On page twenty-two, section eight, lines three hundred eighty-one through three hundred eighty-seven, by striking out all of subdivision (75) and inserting in lieu thereof a new subdivision (75), to read as follows:
"(75) 'School bus supervisor' means a qualified person:
(A) Employed to assist in selecting school bus operators and routing and scheduling school buses, operate a bus when needed, relay instructions to bus operators, plan emergency routing of buses and promote good relationships with parents, students, bus operators and other employees; and
(B) Certified to operate a bus or previously certified to operate a bus;".
On page twenty-four, section eight, line four hundred twenty-four, by striking out the word "must" and inserting in lieu thereof the word "shall".
On page twenty-four, section eight, line four hundred twenty-six, by striking out the words "of education".
On page twenty-four, section eight, line four hundred twenty-nine, after the word "mechanic" by striking out the comma and inserting in lieu thereof the word "or".
On pages thirty through forty-three, by striking out all of section eight-a.
And,
By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
"That §18A-4-8, §18A-4-8b and §18A-4-8e of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows" and a semicolon.
On page thirteen, section eight, line two hundred twenty-two, by striking out the word "regularly" and inserting in lieu thereof the word "exclusively".
And,
On page fourteen, section eight, line two hundred twenty-four, after the word "subsection" by changing the semicolon to a colon and inserting the following proviso: "Provided, That nothing in this paragraph prohibits a person in this position from being multi classified" and a semicolon.
And by amending the title of the bill to read as follows:
Com. Sub. for H. B. 4512 - "A Bill to amend and reenact §18A-4-8, §18A-4-8a, §18A-4-8b and §18A-4-8e of the Code of West Virginia, 1931, as amended, all relating to school service personnel; limiting assignments of director or coordinator of services; requiring school bus supervisor to be certified to operate a bus; requiring supervisor of transportation and multiclassification position that includes this title first employed after certain date to have five years of experience working in transportation department and defining experience; defining itinerant status, assignments, posting, limit on positions, and exclusions; providing minimum pay for service personnel engaged in the training of bus operators for certification; requiring additional content of notice of a job vacancy generally and aide classification category specifically; and modifying test frequency for re-certifying a bus operators."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 338), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes.
Absent And Not Voting: Argento and Ross.
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. 4512) passed.
Delegate Boggs moved that the bill take effect July 1, 2010.
On this question, the yeas and nays were taken (Roll No. 339), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Argento and Ross.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4512) takes effect July 1, 2010.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4577, Relating to elevator inspections and classifications of licensure
.On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
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. 4577, Relating to elevator inspections and classifications of licensure.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
On page one, by striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
"That §21-3C-1, §21-3C-2a, §21-3C-10a and §21-3C-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows" and a semicolon.
And by amending the title of the bill to read as follows:
Com. Sub. for H. B. 4577 - "A Bill to amend and reenact §21-3C-1, §21-3C-2a, §21-3C-10a and §21-3C-11 of the Code of West Virginia, 1931, as amended, all relating to elevators; exempting platform lifts from the definition of elevator; prohibiting certain elevators from being installed in certain settings; requiring inspections on certain elevators; creating different classifications of licensure; and providing rule-making authority to the division of labor."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 340), and there were--yeas 87, nays 11, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Carmichael, Cowles, Ireland, McGeehan, J. Miller, Porter, Shott, Sobonya and Sumner.
Absent And Not Voting: Argento and Ross.
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. 4577) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 341), and there were--yeas 91, nays 7, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Cowles, McGeehan, J. Miller, Porter, Shott, Sobonya and Sumner.
Absent And Not Voting: Argento and Ross.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4577) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4652, Establishing a school calendar committee for each county. On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
"ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-45a. County school calendar committee; county-wide vote; implementation in districts served by a multi-county career and technical education center.

(a) The county superintendent of each county shall create one county school calendar committee. The committee shall develop multiple school calendar options for presentation to all employees of the county board for vote. All calendars presented to the employees for selection shall comply with all applicable sections of this code, including but not limited to, section forty-five of this article.
(b) Each county school calendar committee shall consist of at least seven and no more than eleven members. The committee shall be comprised of teachers, service personnel, administrators, and two designees chosen by the county superintendent, at least one of whom shall be a parent, guardian or custodian of a student enrolled in the district. The county board employee membership of the committee shall be proportionally representative of the number of county board employees in each job category represented on the committee. Except for the designees chosen by the county superintendent, members of the committee shall be determined by election in accordance with the following:
(1) The county superintendent shall determine the number of member teachers, administrators and service personnel necessary for proportional representation of those respective classes of employment in the county;
(2) The county superintendent shall solicit nominations of teachers and administrators to serve on the committee from the faculty senates of the schools of the county and of service personnel to serve on the committee from the service personnel of the county;
(3) Teachers are eligible to vote for the nominated teachers to fill the teacher positions on the committee, administrators are eligible to vote for the nominated administrators to fill the administrator positions on the committee and service personnel are eligible to vote for the nominated service personnel to fill the service personnel positions on the committee; and
(4) The superintendent shall prepare and distribute the ballots and tabulate the votes for membership in the same manner he or she prepares and distributes the ballots and tabulates the votes for professional staff development councils and service personnel staff development councils pursuant to sections eight and nine, article three, chapter eighteen-a of this code.
(c) The county school calendar committee shall generate at least three calendar options for presentation to the employees of the county board for a county-wide vote. The election shall be administered by the county superintendent. The county superintendent shall provide a reasonable time period for each employee to have the opportunity to vote, and shall establish a clearly stated deadline for the return of the ballots. Voting shall be conducted by a secret ballot election, and is optional to each employee. At least two representatives from the committee shall oversee the counting of returned votes. The calendar option that receives the highest number of votes returned to the county superintendent is the calendar option selected by the employees in the district, except as provided in subsection (e) of this section for the votes of districts served by the same multi-county career and technical education center.
(d) If the county board or the state board rejects a calendar selected by the employees in the district, the county school calendar committee shall generate new calendar options for consideration of the employees and the process set forth in this section shall continue until a selected school calendar is approved by the county board and the state board. The county board shall approve a school calendar prior to June 1 of each year. If the state board has delegated approval of school calendars to the state superintendent pursuant to section forty-five of this article, the reference in this subsection to the state board rejection and approval of a school calendar means the state superintendent's rejection and approval of a school calendar.
(e) For districts that are served by a multi-county career and technical education center and need to adopt a school calendar that is uniform to the school calendars of the other districts being served by the same multi-county career and technical education center, all of the provisions of this section apply, subject to the following:
(1) All of the county school calendar committees of the districts that are served by the same multi-county career and technical education center shall collaborate in generating the required minimum three calendar options;
(2) The calendar options presented to the employees of a county board of a district served by a multi-county career and technical education center for a vote shall be identical to the calendar options presented to the employees of the other county boards of districts served by the same multi- county career and technical education center; and
(3) The county superintendents of the districts served by the same multi-county career and technical education center shall add the vote totals for each calendar option from each of the districts and the calendar option that receives the highest number of the combined votes is the calendar option selected by the employees in all of those districts served by the same multi-county career and technical education center."
And by amending the title of the bill to read as follows:
Com. Sub. for H. B. 4652 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-45a, relating to school calendars; requiring each county superintendent to create a county school calendar committee; providing for designation and election of members; requiring the committee to develop multiple school calendar options for presentation to all employees for vote; requiring the generation of new calendar options if the county board or state board rejects the selected calendar; requiring the process to continue until a school calendar is approved by the county board and state board; requiring county board approval of school calendar prior to June 1 of each year; and establishing process for school districts served by a multi- county career and technical education center."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 342), and there were--yeas 86, nays 12, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Carmichael, Cowles, Ellem, Ireland, Lane, J. Miller, Porter, Schoen, Shott and Walters.
Absent And Not Voting: Argento and Ross.
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. 4652) passed.
Delegate Boggs moved that the bill take effect July 1, 2010.
On this question, the yeas and nays were taken (Roll No. 343), and there were--yeas 91, nays 7, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Cowles, Ellem, Ireland, J. Miller, Porter, Schoen and Shott.
Absent And Not Voting: Argento and Ross.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4652) takes effect July 1, 2010.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, the following bills of the House of Delegates:
Com. Sub. for H. B. 2663, Expanding the power of municipal parking authority officers,
H. B. 4018, Establishing that possession of a mixture or preparation intended for human consumption containing salvia divinorum is unlawful,
H. B. 4034, Authorizing any municipality to enact by ordinance a vacant property registration program,
H. B. 4039, Increasing the number of persons that may be appointed to the Marshall County Park and Recreation Board,
H. B. 4138, Relating to the practice of medical imaging and radiation therapy,
Com. Sub. for H. B. 4172, Authorizing the Division of Motor Vehicles to issue special license plates for members of certain organizations upon approval of the commissioner,
Com. Sub. for H. B. 4285, Relating to the licensing of residential mortgage brokers, lenders and loan originators by the Division of Banking,
H. B. 4373, Eliminating the twelve-month look-back period for certain children who have had employer sponsored insurance,
Com. Sub. for H. B. 4557, Reviewing all of the Department of Health and Human Resources requests for proposals or change orders valued at over $500,000 prior to their release,
H. B. 4559, Relating to the requirements to be certified as a registered forester,
Com. Sub. for H. B. 4615, Authorizing political subdivisions to establish risk pools to insure their workers' compensation risks,
And,
Com. Sub. for H. B. 4630, Relating to refunding of appraisal fees.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 61 - "Urging the U.S. Environmental Protection Agency to not veto the permit issued by the U.S. Army Corps of Engineers for the Spruce Mine in Logan County, West Virginia."
Whereas, The U.S. Army Corps of Engineers issued a permit to the Spruce Mine in Logan County, West Virginia after years of intensive review, including the conclusion of a full environmental impact statements; and
Whereas, In the course of its deliberations regarding the Spruce Mine, the U.S. Environmental Protection Agency has raised concerns regarding water quality; and
Whereas, Interpretations and implementation of West Virginia's water quality standards is the responsibility of the West Virginia Legislature and the West Virginia Department of Environmental Protection, who has previously determined that the Spruce Mine complies with the water quality standards, including the narrative standards approved by the Legislature and implemented by the West Virginia Department of Environmental Protection; and
Whereas, The permit has been in place for two years. The mine has become operational and employees have been hired; and
Whereas, If the permit issued by the U.S. Army Corps of Engineers is vetoed by the U.S. Environmental Protection Agency, the loss of jobs and investments at Spruce Mine Company in Logan County, West Virginia, will have a major impact, not only to Logan County, West Virginia, but will further impact the financial stability of the State of West Virginia in an unstable economy; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the U.S. Environmental Protection Agency to not veto the permit issued by the U.S. Army Corps of Engineers for the Spruce Mine in Logan County, West Virginia; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers and the members of the West Virginia Delegation to the Congress of the United States, the President of the United States and the U.S. Council of Environmental Quality.
Committee Reports

Delegate Wells, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 12th day of March, 2010, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for S. B. 89), Relating to reinstating former police chiefs or deputy chiefs to previously held positions,
(Com. Sub. for S. B. 349), Requiring child care centers have written evacuation plan,
(Com. Sub. for S. B. 514), Clarifying certain language in Controlled Substances Monitoring Act,
(Com. Sub. for S. B. 543), Authorizing Energy and Water Savings Revolving Loan Fund Program and PROMISE rules for Higher Education Policy Commission,
(Com. Sub. for S. B. 553), Extending time to purchase full service credit in Teachers' Defined Contribution Retirement System,
And,
(Com. Sub. for S. B. 631), Updating process for adopting textbooks and other instructional material.
Resolutions Introduced

Delegates Walters, Armstead and Lane 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 to study the mowing practices of the West Virginia Division of Highways to determine the potential cost savings to the state by increasing efficiency of mowing along West Virginia's expressway system."
Whereas, The West Virginia Division of Highways spends in excess of one million a year mowing areas along West Virginia's expressway system; and
Whereas, The costs associated with mowing these areas has increased substantially in recent years; and
Whereas, The utilization of a responsible mowing policy which enhances efficiency relating to the distance from the shoulder of the highway that is mowed, addresses mowing on steep slopes, and considers the frequency of mowing may result in significant savings to the State of West Virginia; and
Whereas, Such a mowing policy should be followed in a manner that does not adversely affect sight distance, safety, serviceability or functionality of the highway; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the mowing practices of the West Virginia Division of Highways to determine the potential cost savings to the state by increasing efficiency in mowing along West Virginia's expressway system; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2011, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expense necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Special Calendar

Third Reading

At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to consideration of Com. Sub. for S. B. 394, Authorizing DMV use certain program to identify uninsured vehicles; on third reading, with an amendment pending and further right to amend, was reported by the Clerk.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page twelve, section two, lines eight through thirteen, by striking out the paragraph in its entirety and inserting in lieu thereof the following language:
"For the purposes of this article, commercial auto coverage is defined as any coverage provided to an insured, regardless of number of vehicles or entity covered, under a commercial coverage form and rated from a commercial manual approved by the Department of Insurance. This article shall not apply to vehicles insured under commercial auto coverage; however, insurers of such vehicles may participate on a voluntary basis."
And,
On page twenty, line eighty-seven, section six-a, by striking out the word "nine" and inserting in lieu thereof the word "eighteen".
On motion of Delegate Miley, the bill was amended on page eighteen, section six-a, line forty-seven, by striking out the subsection designation (d) and inserting in lieu thereof, the subsection designation (e).
On page twenty, section six-a, line seventy-eight, by striking out the subsection designation (e) and inserting in lieu thereof, the subsection designation (f).
On page twenty-one, section six-a, line one hundred seven, by striking out the subsection designation (d) and inserting in lieu thereof, the subsection designation (g).
And,
On page twenty-two, section six-a, line one hundred fifteen, by striking out the subsection designation (f) and inserting in lieu thereof, the subsection designation (h).
There being no further amendments, and having been engrossed, the bill was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 344), and there were--yeas 91, nays 7, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Hartman, Louisos, McGeehan, Moye, Perry, Porter and Staggers.
Absent And Not Voting: Argento and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 394) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to consideration of bills on third reading with amendments pending.
Com. Sub. for S. B. 435, Relating to speed-detecting device use law;
on third reading, coming up in regular order, with an amendment pending and the further right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk on page two, section seven, lines seven and eight, by removing the strikethrough from the following language:
"in classes one, two and three, as defined in chapter eight-a of this code" and a comma.
And further, by inserting directly after the reinstated language the following:
"by police officers of incorporated class four municipalities except upon controlled access or partially controlled access highways" and a comma.
Delegate D. Walker moved to amend the Judiciary Committee amendment, in the inserted new language, following the word the first word "access", by inserting the words "any state road, any U. S. Highway" and a comma; which did not prevail.
The question before the House being the adoption of the Judiciary Committee amendment, the same was put and prevailed.
There being no further amendments, the bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 345), and there were--yeas 84, nays 13, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Blair, Cowles, Hutchins, Louisos, Manypenny, J. Miller, Moye, Perry, Porter, Romine, Shaver, Smith and Staggers.
Absent And Not Voting: Argento, Doyle and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 435) passed.
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. 557, Clarifying legislative vacancy procedures
; on third reading, coming up in regular order, with an amendment pending and the further right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 10. FILLING VACANCIES.
§3-10-5. Vacancies in State Legislature.
(a) Any vacancy in the office of State Senator or member of the House of Delegates shall be filled by appointment by the Governor, in each instance from a list of three legally qualified persons submitted by the party executive committee of the party with which the person holding the office immediately preceding the vacancy was affiliated. Such list of qualified persons to fill the vacancy shall be submitted to the Governor within fifteen days after the vacancy occurs and the Governor shall duly make his or her appointment to fill the vacancy from the list of legally qualified person within five days after the list is received. If the list is not submitted to the Governor within the fifteen day period, the Governor shall appoint within five days thereafter a legally qualified person of the same political party as the person vacating the office.
(b) of the delegate district in In the case of a member of the House of Delegates, the list shall be submitted by the party executive committee of the delegate district in which the vacating member resided at the time of his or her election or appointment. The appointment to fill a vacancy in the House of Delegates is for the unexpired term.
(c) and by the party executive committee of the state senatorial district in In the case of a State Senator, the list shall be submitted by the party executive committee of the state senatorial district in which the vacating senator resided at the time of his or her election or appointment. of the party with which the person holding the office immediately preceding the vacancy was affiliated, and of the county or state senatorial district, respectively, in which he resided at the time of his election or appointment. If the vacating member of the House of Delegates resided in a county only a portion of which is included in his delegate district, all three of the qualified persons submitted shall be residents of that portion of the county in which the vacating delegate resided at the time of his election or appointment to the House of Delegates. The appointment to fill a vacancy in the House of Delegates shall be for the unexpired term. Such list of legally qualified persons to fill the vacancy shall be submitted to the Governor within fifteen days after such vacancy occurs and the Governor shall duly make his appointment to fill such vacancy from such list of legally qualified persons within five days after same is received. If such list is not submitted to the Governor within the fifteen day period, the Governor shall appoint within five days thereafter a legally qualified person of the political party of the person vacating the office. If the unexpired term in the office of the State Senator will be for less than two years and two months, the appointment shall be is for the unexpired term. If the unexpired term will be for a period equal to or longer than two years and two months, the appointment shall be is until the next general election and until the election and qualification of a successor to the person appointed, at which general election the vacancy shall be filled by election for the unexpired term. Notice of an election to fill a vacancy in the office of State Senator shall be given by the Governor by proclamation and shall be published prior to such before the election as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such the publication shall be each county in the senatorial district. Nominations for candidates to fill such a vacancy shall be made in the manner prescribed for nominating a candidate to fill a vacancy in the office of Governor to be voted for at a general election. The state senatorial district executive committee of the political party shall discharge the duties incident to State Senator nominations devolving upon the party state executive committee in nominating a candidate for a state office."
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 346), and there were--yeas 89, nays 9, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Blair, Border, Ireland, Michael, Moore, Schoen and Susman.
Absent And Not Voting: Argento and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 557) passed.
On motion of Delegate Miley, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 557 - "A Bill to amend and reenact §3-10-5 of the Code of West Virginia, 1931, as amended, clarifying the procedures for the filling of vacancies in the State Legislature."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegate Boggs asked and obtained unanimous consent that, for the remainder of the session, members of Conference Committee be permitted to vote on any question or issue before the House which they may have missed as a direct result of their duties on Conference Committees, provided that such members notify the Clerk of the House in writing as to how they wished to vote and on the day the votes were missed, and that any such vote not change the outcome on any question.
Third Reading

Com. Sub. for S. B. 649, Establishing motor vehicle search criteria; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 347), and there were--yeas 78, nays 20, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Armstead, Ashley, Azinger, Carmichael, Duke, Ellem, Evans, Hamilton, Ireland, McGeehan, C. Miller, J. Miller, Overington, Porter, Schadler, Shott, Sobonya, Sumner, D. Walker and Walters.
Absent And Not Voting: Argento and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 649) passed.
On motion of Delegate Miley, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 649 - "A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §62-1A-10 and §62-1A-11, all relating to search of motor vehicles by law enforcement officers with consent; providing for the development of a standardized form of a written consent to search a motor vehicle with the permission of the vehicle operator; requiring written or audio recording of a vehicle operator's permission or consent to search of motor vehicles by law-enforcement officers when appropriate; providing exceptions; addressing the effect of an officer's failure to document oral or written consent; providing for the establishment of appropriate, forms, standards and criteria by the Governor's Committee on Crime, Delinquency and Corrections; requiring legislative and emergency rules; and establishing effective date."
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. 328, Relating to professional licensing boards posting fee increase proposals, on third reading, coming up in regular order, with an amendment pending and the further right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §30-1-15 of the Code of West Virginia, 1931, as amended, be repealed; that §30-1-2a, §30-1-5, §30-1-6, §30-1-8, §30-1-11 and §30-1-14 of said code be amended and reenacted; that said code be amended by adding thereto two new sections, designated §30-1-19 and §30-1-20; that §30-27-6 and §30-27-9 of said code be amended; all to read as follows:
ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.

§30-1-2a. Required orientation session.

(a) After Between April 1 and not later than the first day of December 31 of each year, the Auditor shall provide at least one orientation session on relevant state law and rules governing state boards. and commissions All state agencies shall cooperate with and assist in providing the orientation session if the Auditor requests.
(b) After the effective date of this section, All chairs or chief financial officers of state boards and commissions newly created by the Legislature shall attend an orientation session designed to inform the state boards and commissions of the duties and requirements imposed on state boards and commissions by state law and rules The chair or chief financial officer of the newly created board or commission shall attend an orientation session at the earliest possible date following the creation of the board. or commission
(c) The orientation session shall include a minimum of thirty minutes of instructional time dedicated to the statutory duty of boards to investigate and resolve complaints, including procedures for investigations, administrative hearings and remedies, due process protections, and the duty to provide public access to records of the disposition of complaints, as set forth in section five of this article.
(d) (c) Topics for the orientation session may include, but are not limited to, the statutory duty of boards to investigate and resolve complaints, including procedures for investigations, administrative hearings and remedies, and the duty to provide public access to records of the disposition of complaints; the official conduct of members, state budgeting and financial procedures, purchasing requirements, open meetings requirements, ethics, rule-making procedures, records management, annual reports and any other topics the Auditor determines to be essential in the fulfillment of the duties of the members of state boards and commissions are necessary.
(e) (d) The orientation session shall be is open to any member of new or existing boards and commissions and each board or commission may approve expense reimbursement for the attendance of one or more of its members. The chair or chief financial officer of each existing board or commission shall attend an orientation session within two years following the effective date of this section.
(f) (e) No later than December 31 of each year, the Auditor shall provide to the chairs of the Joint Standing Committee on Government Operations Organization a list of the names of board or commission members attending, together with the names of the boards and commissions represented, and the orientation session or sessions offered by the Auditor during the previous year.
(g) (f) The Auditor may charge a registration fee for the orientation session to cover the cost of providing the orientation session. The fee may be paid from funds available to a board. or commission
(h) (g) Notwithstanding the member's normal rate of compensation for serving on a board, a member attending the orientation session may be reimbursed for necessary and actual expenses, as long as the member attends the complete orientation session.
(i) (h) Ex officio members who are elected or appointed state officers or employees, and members of boards or commissions that have purely advisory functions with respect to a department or agency of the state, are exempt from the requirements of this section.
§30-1-5. Meetings; quorum; investigatory powers; duties.

(a) Every Each board referred to in this chapter shall hold at least one meeting each year, at such time and place as it may prescribe by rule, for the examination of applicants who desire to practice their respective professions or occupations in this state and to transact any other business which may legally come before it. The board may hold additional meetings as may be necessary, which shall be called by the chair secretary at the direction of the president or upon the written request of any three a majority of the board members. A simple majority of the members of the constituent membership serving on the board at a given time constitutes a quorum for the transaction of its business.
(b) The Each board is authorized to may compel the attendance of witnesses, to issue subpoenas and subpoenas duces tecum, to conduct investigations, and hire an investigator and to take testimony and other evidence concerning any matter within its jurisdiction. The president chair and secretary of the board are authorized to may administer oaths for these purposes.
(c) Every Each board referred to in this chapter has a duty to shall investigate and resolve complaints which it receives and shall, within six months of the complaint being filed, send a status report to the party filing the complaint by certified mail with a signed return receipt and within one year of the status report's return receipt date issue a final ruling, unless the party filing the complaint and the board agree in writing to extend the time for the final ruling.
(d) Every Each board shall maintain a business office open to the public and shall provide public access to the record of its public records, including the disposition of the complaints which it receives in accordance with the provisions of chapter twenty-nine-b of this code.
(e) Every Each board has a duty to report violations of individual practice acts contained in this chapter to the board by which the individual may be licensed and shall do so in a timely manner upon receiving notice of such violations. Every Each person licensed or registered by a board has a duty to report to the board which licenses or registers him or her a known or observed violation of the practice act or the board's rules by any other person licensed or registered by the same board and shall do so in a timely manner. Law-enforcement agencies or their personnel and courts shall report in a timely manner within ten days to the appropriate board any violations of individual practice acts by any individual. Any person who reports or provides information in good faith is not subject to civil damages.
(e) (f) Whenever a board referred to in this chapter obtains information that a person subject to its authority has engaged in, is engaging in or is about to engage in any act which constitutes or will constitute a violation of the provisions of this chapter which are administered and enforced by that board, it may apply to the circuit court for an order enjoining the act. Upon a showing that the person has engaged, is engaging or is about to engage in any such act, the court shall may order an injunction, restraining order or other order as the court may deem considers appropriate.
§30-1-6. Application for an authorization to practice; fees; prohibiting discrimination.

(a) Every Each applicant for license or registration an authorization to practice under the provisions of this chapter, shall apply for the license or registration in writing to the proper board and shall transmit with his or her application an examination fee which the board is authorized to charge for an examination or investigation into the applicant's qualifications to practice the authorized fees.
(b) Each board referred to in this chapter is authorized to establish by legislative rule a deadline for application for examination which shall be no less than ten nor more than ninety days prior to the date of the examination.
(c) Boards Notwithstanding the specific fees set forth in the articles which govern the licensing boards in this chapter, each board may set fees by legislative rule fees relating to the licensing or registering of individuals, which shall be sufficient to enable the boards board to effectively carry out effectively their its duties and responsibilities of licensure or registration authorizing practices and discipline of disciplining individuals subject to their its authority. Provided, That when any board proposes to promulgate a
(d) At least thirty days prior to a proposed
rule regarding fees for licensing or registration, that is filed with the Secretary of State, a board shall notify its membership of the proposed rule by:
(1) Mailing a copy of the proposed rule to the membership at the time that the proposed rule is filed with the Secretary of State; for publication in the state register in accordance with section five, article three, chapter twenty-nine-a of this code its membership; or
(2) Posting the proposed rule on its website and notifying
its membership by:
(A) Mailing a postcard;
(B) Emailing a notice; or
(C) Placing a notice in its newsletter.
(d) In addition to any other information required, the applicant's social security number shall be recorded on the application: Provided, That a board shall redact social security numbers on copies provided to the public.
(e) No board may discriminate against any applicant because of political or religious opinion or affiliation, marital status, race, color, gender, creed, age, national origin, disability or other protected group status.
(f) Any A board may deny the application for license or registration an authorization to practice of an applicant whose license or registration authorization to practice in any other state, territory, jurisdiction or foreign nation has been revoked by the licensing authority thereof. The application may be denied by a board without a hearing unless the applicant requests a hearing within thirty days of the denial. Any A hearing must be conducted pursuant to the provisions of section eight of this article or the provisions contained in the rules of the board.
§30-1-8. Denial, suspension or revocation of a license or registration; probation; proceedings; effect of suspension or revocation; authority to hire hearing examiner; transcript; report; judicial review.

(a) Every Each board referred to in this chapter may suspend or revoke the license authorization to practice of any person who has been convicted of a felony or who has been found to have engaged in conduct, practices or acts constituting professional negligence or a willful departure from accepted standards of professional conduct. Where any person has been convicted of a felony or has been found to have engaged in such conduct, practices or acts, every the board referred to in this chapter may enter into consent decrees, to reprimand, to enter into probation orders, to levy fines not to exceed one thousand dollars per day per violation or any of these, singly or in combination. Each board may also assess administrative costs. Any costs which are assessed shall be placed in the special account of the board and any fine which is levied shall be deposited in the State Treasury's General Revenue Fund.
(b) For purposes of this section, the word 'felony' means a felony or crime punishable as a felony under the laws of this state, any other state or the United States.
(c) Every Each board referred to in this chapter may promulgate rules in accordance with the provisions of chapter twenty-nine-a of this code to delineate conduct, practices or acts which, in the judgment of the board, constitute professional negligence, a willful departure from accepted standards of professional conduct or which may render an individual unqualified or unfit for licensure, registration or other an authorization to practice.
(d) Every Each board referred to in this chapter may revoke the license or registration an authorization to practice of an individual licensed or otherwise lawfully practicing within this state whose license or registration authorization to practice in any other state, territory, jurisdiction or foreign nation has been revoked by the licensing authority. thereof
(e) Notwithstanding any other provision of law to the contrary, no certificate, license, registration or authority authorization to practice issued under the provisions of this chapter may be suspended or revoked without a prior hearing before the board or court which issued the certificate, license, registration or authority, except:
(1) A board is authorized to may suspend or revoke a certificate, license, registration or authority an authorization to practice prior to a hearing if the person's continuation in practice constitutes an immediate danger to the public; or
(2) After due diligence, If a board, after reviewing all reasonably available relevant information, cannot locate a person licensed authorized to practice under the provisions of this chapter within sixty days of a complaint being filed against the licensee person, then the board may suspend the license, certificate, registration or authority authorization to practice of the person without holding a hearing. After due diligence, If a board, still after reviewing all reasonably available relevant information, cannot locate the person licensed authorized to practice under the provisions of this chapter thirty days after the suspension of the person's license, certificate, registration or authority, then authorization to practice, the board may revoke the license, certificate, registration or authority authorization to practice of the person without holding a hearing.
(f) In all proceedings before a board or court for the suspension or revocation of any certificate, license, registration or authority authorization to practice issued under the provisions of this chapter, a statement of the charges against the holder of the certificate, license, registration or authority authorization to practice and a notice of the time and place of hearing shall be served upon the person as a notice is served under section one, article two, chapter fifty-six of this code at least thirty days prior to the hearing. and He or she may appear with witnesses and be heard in person, by counsel, or both. The board may take oral or written proof, for or against the accused holder of the authorization to practice, as it may consider advisable. If upon hearing the board finds that the charges are true, it may suspend or revoke the certificate, license, registration or authority and suspension or revocation shall take from the person all rights and privileges acquired thereby authorization to practice.
(g) The board may conduct the hearing or elect to have a hearing examiner or an administrative law judge conduct the hearing. If the hearing is conducted by a hearing examiner or an administrative law judge:
(1) The hearing examiner or administrative law judge shall be licensed to practice law in this state, and shall conform to the Code of Conduct for Administrative Law Judges as set forth by the Ethics Commission in legislative rule;
(2) At the conclusion of a hearing, the hearing examiner or administrative law judge shall prepare a proposed written order containing recommended findings of fact and conclusions of law, and may contain recommended disciplinary sanctions if the board so directs;
(3) The board may accept, reject, modify or amend the recommendations of the hearing examiner or administrative law judge; and
(4) If the board rejects, modifies or amends the recommendations, the board shall state in the order a reasoned, articulate justification based on the record for the rejection, modification or amendment.
(h) Pursuant to the provisions of section one, article five, chapter twenty-nine-a of this code, informal disposition may also be made by the board of any contested case by stipulation, agreed settlement, consent order or default. Further, The board may suspend its decision and place a licensee found by the board to be in violation of the applicable practice act or rules of the board on probation.
(h) (i) Any person denied a license, certificate, registration or authority an authorization to practice who believes the denial was in violation of this article or the article under which the license, certificate, registration or authority licensee is authorized shall be entitled to a hearing on the action. denying the license, certificate, registration or authority Hearings under this subsection are in accordance with the provisions for hearings which are set forth in this section.
(i) (j) A stenographic report of each proceeding on the denial, suspension or revocation of a certificate, license, registration or authority shall be made at the expense of the board and a transcript of the hearing retained in its files. The board shall make a written report of its findings, which shall constitute part of the record.
(j) (k) All hearings and administrative proceedings under the provisions of this section will be held in accordance with the provisions of article five, chapter twenty-nine-a of this code, and are subject to review by the Supreme Court of Appeals.
(k) (l) On or before the first day of July, two thousand one, every Each board referred to in this chapter shall adopt procedural rules in accordance with the provisions of article three, chapter twenty-nine-a of this code, which shall specify a procedure for the investigation and resolution of all complaints against persons licensed under this chapter. The proposed legislative rules relating only to complaint procedures or contested case hearing procedures required by the prior enactment of this subsection shall be redesignated as procedural rules in accordance with the provisions of article three, chapter twenty-nine-a of this code. Each board shall file the procedural rules required by this subsection by the thirty-first day of January, two thousand one. The public hearing or public comment period conducted for the proposed legislative rules shall serve as the public hearing or public comment period required by section five, article three, chapter twenty-nine-a of this code.
§30-1-11. Compensation of members; expenses; adherence to ethical standards.

(a) Each member of every board in this chapter is entitled to receive compensation for attending official meetings or engaging in official duties not to exceed the amount in the same amount as is paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law. A board member may not receive compensation for travel days that are not on the same day as the official meeting or engaging in official duties.
(b) The limitations contained in this section do not apply if they conflict with provisions of this chapter relating to a particular board and enacted after January 1, 1995.
(c) A board may reimburse actual and necessary expenses incurred for each day or portion of a day engaged in the discharge of official duties in a manner consistent with guidelines of the Travel Management Office of the Department of Administration.
(d) No member of any board in this chapter may receive compensation as an employee of the board.
(e) Each member of every board in this chapter shall adhere to the ethical standards for appointed officials as set forth in section five, article two, chapter six-b of this code.
§30-1-14. Remission of certain fees Modifying or waiving continuing education requirements or renewal fees for persons in active duty military service.

Every board of examination or registration referred to in this chapter is hereby authorized, under such rules and regulations as may be adopted by each board, to remit all annual license or annual registration fees required to be paid by any licensee or registrant under its supervision during such time as such licensee or registrant is serving with the Armed Forces of the United States of America, and to retain the name of such licensee or registrant in good standing on the roster of said board during said time.
Each board in this chapter may establish and implement processes for modifying or waiving continuing education requirements or renewal fees for the renewal of an authorization to practice for the period of time during which a person regulated by the board is engaged in active duty military service.
§30-1-19. Regulatory board review.
Each board is subject to a regulatory board review pursuant to the provisions of article ten, chapter four of this code.
§30-1-20. Independent status of boards; legislative declaration; inapplicability of certain laws, rules and policies to boards.
(a) The Legislature declares and reaffirms that, due to the statutory requirements of financial autonomy set forth in section six of this article, the exclusion of the boards from the statutory structure of the executive branch, and the absence of any requirement for the boards to report to an agency head, a cabinet secretary or the Governor, the boards have independent status.
(b) Boards referred to in this chapter are not bound by the laws, rules or policies applicable to the executive branch, including but not limited to, the purchasing requirements of the Purchasing Division, the rules of the Division of Personnel, the laws governing the authority of the Real Estate Division, Executive Order or instructions issued by the Governor or his or her staff.
ARTICLE 27. BOARD OF BARBERS AND COSMETOLOGISTS.
§30-27-6. Rulemaking.

(a) The board shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including:
(1) Standards and requirements for licenses, permits, certificates and registrations;
(2) Procedures for examinations and reexaminations;
(3) Requirements for third parties to prepare and/or administer examinations and reexaminations;
(4) Educational and experience requirements;
(5) The passing grade on the examinations;
(6) Standards for approval of courses and curriculum;
(7) Procedures for the issuance and renewal of licenses, permits, certificates and registrations;
(8) A fee schedule;
(9) Continuing education requirements for professional licensees and certificate holders;
(10) The procedures for denying, suspending, revoking, reinstating or limiting the practice of licensees, permitees, certificate holders and registrants;
(11) Designating the regions for investigators/inspectors;
(12) Criteria for the training of investigators/inspectors;
(13) Requirements for investigations and inspections;
(14) Requirements for inactive or revoked licenses, permits, certificates and registrations;
(15) Establishing the training program and requirements for instructors for schools licensed under this article;
(16) Establishing operating procedures for salons; and
(17) Establishing a barber's and cosmetologist's apprentice program; and
(17) (18) Any other rules necessary to effectuate the provisions of this article.
(b) All of the board's rules in effect on July 1, 2009, shall remain in effect until they are amended or repealed, and references to provisions of former enactments of this article are interpreted to mean provisions of this article.
(c) The board is authorized to shall file an emergency rule for the implementation of creating its fee schedule in 2009 barber's and cosmetologist's apprenticeship program.
§30-27-9. Professional license from another state; license to practice in this state.
(a) The board may issue a professional license to practice to an applicant of good moral character who holds a valid license or other authorization to practice in that particular field from another state, if the applicant demonstrates that he or she:
(1) (A) Holds a license or other authorization to practice in another state which was granted after completion of educational requirements substantially equivalent to those required in this state; or
(B) Completed an apprentice program;
(2) Passed an examination that is substantially equivalent to the examination required in this state;
(2) (3) Does not have charges pending against his or her license or other authorization to practice, and has never had a license or other authorization to practice revoked;
(3) (4) Has not previously failed an examination for professional licensure in this state;
(4) (5) Has paid the applicable fee;
(5) (6) Is a citizen of the United States or is eligible for employment in the United States;
(6) (7) Has presented a certificate of health issued by a licensed physician; and
(7) (8) Has fulfilled any other requirement specified by the board.
(b) In its discretion, the board may examine a person by a written, oral or skills test for licensing under this section, and may enter into agreements for reciprocal licensing with other jurisdictions having substantially similar requirements for licensure.
(c) The provisions of this section do not apply to nail technicians or manicurists from another state or jurisdiction. A nail technician or manicurist from another state or jurisdiction is required to show that he or she has completed the required curriculum and has successfully passed the board's practical skills examination to apply for licensure under the provisions of this article."
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 348), and there were--yeas 84, nays 14, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Ashley, Blair, Border, Carmichael, Ireland, Lane, Louisos, McGeehan, Porter, Romine, Schoen and Walters.
Absent And Not Voting: Argento and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 328) passed.
An amendment to the title of the bill, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 328 - "A Bill to repeal §30-1-15 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-1-2a, §30-1-5, §30-1-6, §30-1-8, §30-1-11 and §30-1-14 of said code; to amend said code by adding thereto two new sections, designated §30-1-19 and §30-1-20; to amend and reenact §30-27-6 and §30-27-9 of said code, all relating to professional licensing boards; removing nonutilized code sections; requiring certified persons to report violations; providing immunity from civil liability for reporting violations; clarifying procedures for hearings, rights of appeal and judicial review; removing automatic stay on appeal; increasing criminal penalties; clarifying limitations on immunity in the absence of required insurance policy; repealing antiquated ineffective provisions; revising requirements for specific subject matter at orientation sessions; clarifying who may call a board meeting; establishing quorums; reporting violations; clarifying the issuance of notices to cease and desist; requiring boards to maintain a business office open to the public; authorizing boards to propose fees notwithstanding specific fees established in code; notifying licensees of proposal of fees in legislative rules; authorizing boards to levy fines; hiring administrative law judges; clarifying law governing hearings and administrative hearings; requiring board members to adhere to ethical standards for appointed officials; permitting boards to establish a process for modifying or waiving continuing education requirements or renewal fees for licensees in active duty military service; requiring regulatory board reviews; regulating to the practice of beauty care; requiring the board to establish an apprentice program; and permitting the board to license an applicant from another jurisdiction who has completed an apprenticeship program."
Delegate Boggs moved that the bill take effect July 1, 2010.
On this question, the yeas and nays were taken (Roll No. 349), and there were--yeas 91, nays 7, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Ireland, Louisos, McGeehan, Porter, Romine and Schoen.
Absent And Not Voting: Argento and Ross.
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. 328) takes effect July 1, 2010.
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. 352, Creating WV Community Empowerment Transportation Act; on third reading, coming up in regular order, was reported by the Clerk.
At the request of Delegate Boggs, and by unanimous consent, the bill was placed at the foot of the calendar.
S. B. 372, Updating language in WV Medical Practice Act; on third reading, coming up in regular order, with an amendment pending and the further right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on Government Organization, was reported by the Clerk on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §30-1-15 of the Code of West Virginia, 1931, as amended, be repealed; that §30-10A-1, §30-10A-2, §30-10A-3, §30-10A-4, §30-10A-5, §30-10A-6, §30-10A-7, §30-10A-8 and §30-10A-9 of said code be repealed; that §30-1-2a, §30-1-5, §30-1-6, §30-1-8, §30-1-11 and §30-1-14 of said code be amended and reenacted; that said code be amended by adding thereto two new sections, designated §30-1-19 and §30-1-20; that §30-3-2, §30-3-4, §30-3-5, §30-3-6 and §30-3-8 of said code be amended and reenacted; that §30-10-1, §30-10-2, §30-10-3, §30-10-4, §30-10-5, §30-10-6, §30-10-7, §30-10-8, §30-10-9, §30-10-10, §30-10-11, §30-10-12, §30-10-13, §30-10-14, §30-10-15, §30-10-16, §30-10-17, §30-10-18, §30-10-19 and §30-10-20 of said code be amended and reenacted; and that said code be amended by adding thereto three new sections, designated §30-10-21, §30-10-22 and §30-10-23, all to read as follows:
ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.

§30-1-2a. Required orientation session.

(a) After Between April 1 and not later than the first day of December 31 of each year, the Auditor shall provide at least one orientation session on relevant state law and rules governing state boards. and commissions All state agencies shall cooperate with and assist in providing the orientation session if the Auditor requests.
(b) After the effective date of this section, All chairs or chief financial officers of state boards and commissions newly created by the Legislature shall attend an orientation session designed to inform the state boards and commissions of the duties and requirements imposed on state boards and commissions by state law and rules The chair or chief financial officer of the newly created board or commission shall attend an orientation session at the earliest possible date following the creation of the board. or commission
(c) The orientation session shall include a minimum of thirty minutes of instructional time dedicated to the statutory duty of boards to investigate and resolve complaints, including procedures for investigations, administrative hearings and remedies, due process protections, and the duty to provide public access to records of the disposition of complaints, as set forth in section five of this article.
(d) (c) Topics for the orientation session may include, but are not limited to, the statutory duty of boards to investigate and resolve complaints, including procedures for investigations, administrative hearings and remedies, and the duty to provide public access to records of the disposition of complaints; the official conduct of members, state budgeting and financial procedures, purchasing requirements, open meetings requirements, ethics, rule-making procedures, records management, annual reports and any other topics the Auditor determines to be essential in the fulfillment of the duties of the members of state boards and commissions are necessary.
(e) (d) The orientation session shall be is open to any member of new or existing boards and commissions and each board or commission may approve expense reimbursement for the attendance of one or more of its members. The chair or chief financial officer of each existing board or commission shall attend an orientation session within two years following the effective date of this section.
(f) (e) No later than December 31 of each year, the Auditor shall provide to the chairs of the Joint Standing Committee on Government Operations Organization a list of the names of board or commission members attending, together with the names of the boards and commissions represented, and the orientation session or sessions offered by the Auditor during the previous year.
(g) (f) The Auditor may charge a registration fee for the orientation session to cover the cost of providing the orientation session. The fee may be paid from funds available to a board. or commission
(h) (g) Notwithstanding the member's normal rate of compensation for serving on a board, a member attending the orientation session may be reimbursed for necessary and actual expenses, as long as the member attends the complete orientation session.
(i) (h) Ex officio members who are elected or appointed state officers or employees, and members of boards or commissions that have purely advisory functions with respect to a department or agency of the state, are exempt from the requirements of this section.
§30-1-5. Meetings; quorum; investigatory powers; duties.

(a) Every Each board referred to in this chapter shall hold at least one meeting each year, at such time and place as it may prescribe by rule, for the examination of applicants who desire to practice their respective professions or occupations in this state and to transact any other business which may legally come before it. The board may hold additional meetings as may be necessary, which shall be called by the chair secretary at the direction of the president or upon the written request of any three a majority of the board members. A simple majority of the members of the constituent membership serving on the board at a given time constitutes a quorum for the transaction of its business.
(b) The Each board is authorized to may compel the attendance of witnesses, to issue subpoenas and subpoenas duces tecum, to conduct investigations, and hire an investigator and to take testimony and other evidence concerning any matter within its jurisdiction. The president chair and secretary of the board are authorized to may administer oaths for these purposes.
(c) Every Each board referred to in this chapter has a duty to shall investigate and resolve complaints which it receives and shall, within six months of the complaint being filed, send a status report to the party filing the complaint by certified mail with a signed return receipt and within one year of the status report's return receipt date issue a final ruling, unless the party filing the complaint and the board agree in writing to extend the time for the final ruling.
(d) Every Each board shall maintain a business office open to the public and shall provide public access to the record of its public records, including the disposition of the complaints which it receives in accordance with the provisions of chapter twenty-nine-b of this code.
(e) Every Each board has a duty to report violations of individual practice acts contained in this chapter to the board by which the individual may be licensed and shall do so in a timely manner upon receiving notice of such violations. Every Each person licensed or registered by a board has a duty to report to the board which licenses or registers him or her a known or observed violation of the practice act or the board's rules by any other person licensed or registered by the same board and shall do so in a timely manner. Law-enforcement agencies or their personnel and courts shall report in a timely manner within ten days to the appropriate board any violations of individual practice acts by any individual. Any person who reports or provides information in good faith is not subject to civil damages.
(e) (f) Whenever a board referred to in this chapter obtains information that a person subject to its authority has engaged in, is engaging in or is about to engage in any act which constitutes or will constitute a violation of the provisions of this chapter which are administered and enforced by that board, it may apply to the circuit court for an order enjoining the act. Upon a showing that the person has engaged, is engaging or is about to engage in any such act, the court shall may order an injunction, restraining order or other order as the court may deem considers appropriate.
§30-1-6. Application for license or registration; examination fee; prohibiting discrimination.

(a) Every Each applicant for license or registration an authorization to practice under the provisions of this chapter shall apply for the license or registration in writing to the proper board and shall transmit with his or her application an examination fee which the board is authorized to charge for an examination or investigation into the applicant's qualifications to practice the authorized fees.
(b) Each board referred to in this chapter is authorized to may establish by rule a deadline for application for examination. which shall be no less than ten nor more than ninety days prior to the date of the examination
(c) Boards Notwithstanding specific fees established in the articles which govern the licensing boards in this chapter, each board may set fees by legislative rule fees relating to the licensing or registering of individuals, which shall be sufficient to enable the boards to effectively carry out effectively their responsibilities of licensure or registration of the authorization to practice and discipline of the individuals subject to their authority. Provided, That when any When a board proposes to promulgate a rule regarding fees, for licensing or registration, that the board shall notify its membership of the proposed rule by:
(1) Mailing a copy of the proposed rule to the membership its licensees at the time that the proposed rule is filed with the Secretary of State; for publication in the state register in accordance with section five, article three, chapter twenty-nine-a of this code. or
(2) Posting the proposed rule on its website and notifying its licensees of the website posting, at least thirty days before the proposed rule is filed with the Secretary of State, by:
(A) Mailing a postcard to its licensees;
(B) Emailing a notice to its licensees who have an email address on file with the board; or
(C) Placing a notice in its newsletter.

(d) In addition to any other information required, the applicant's social security number shall be recorded on the application: Provided, That the board will redact the social security numbers on any copies provided to the public.
(e) No board may discriminate against any applicant because of political or religious opinion or affiliation, marital status, race, color, gender, creed, age, national origin, disability or other protected group status.
(f) Any A board may deny the application for licensure or registration an authorization to practice of an applicant whose license or registration authorization to practice in any other state, territory, jurisdiction or foreign nation has been revoked by the licensing authority. thereof The application may be denied by a board without a hearing unless the applicant requests a hearing within thirty days of the denial. Any hearing must be conducted pursuant to the provisions of section eight of this article or provisions contained in the rules of the board.
§30-1-8. Denial, suspension or revocation of a license or registration; probation; proceedings; effect of suspension or revocation; authority to hire hearing examiner; transcript; report; judicial review.

(a) Every Each board referred to in this chapter may suspend or revoke the license authorization to practice of any person who has been convicted of a felony or who has been found to have engaged in conduct, practices or acts constituting professional negligence or a willful departure from accepted standards of professional conduct. Where any person has been convicted of a felony or has been found to have engaged in such conduct, practices or acts, every the board referred to in this chapter may enter into consent decrees, to reprimand, to enter into probation orders, to levy fines not to exceed one thousand dollars per day per violation or any of these, singly or in combination. Each board may also assess administrative costs. Any costs which are assessed shall be placed in the special account of the board and any fine which is levied shall be deposited in the State Treasury's General Revenue Fund.
(b) For purposes of this section, the word 'felony' means a felony or crime punishable as a felony under the laws of this state, any other state or the United States.
(c) Every Each board referred to in this chapter may promulgate rules in accordance with the provisions of chapter twenty-nine-a of this code to delineate conduct, practices or acts which, in the judgment of the board, constitute professional negligence, a willful departure from accepted standards of professional conduct or which may render an individual unqualified or unfit for licensure, registration or other an authorization to practice.
(d) Every Each board referred to in this chapter may revoke the license or registration an authorization to practice of an individual licensed or otherwise lawfully practicing within this state whose license or registration authorization to practice in any other state, territory, jurisdiction or foreign nation has been revoked by the licensing authority. thereof
(e) Notwithstanding any other provision of law to the contrary, no certificate, license, registration or authority authorization to practice issued under the provisions of this chapter may be suspended or revoked without a prior hearing before the board or court which issued the certificate, license, registration or authority, except:
(1) A board is authorized to may suspend or revoke a certificate, license, registration or authority an authorization to practice prior to a hearing if the person's continuation in practice constitutes an immediate danger to the public; or
(2) After due diligence, If a board, after reviewing all reasonably available relevant information, cannot locate a person licensed authorized to practice under the provisions of this chapter within sixty days of a complaint being filed against the licensee person, then the board may suspend the license, certificate, registration or authority authorization to practice of the person without holding a hearing. After due diligence, If a board, still after reviewing all reasonably available relevant information, cannot locate the person licensed authorized to practice under the provisions of this chapter thirty days after the suspension of the person's license, certificate, registration or authority, then authorization to practice, the board may revoke the license, certificate, registration or authority authorization to practice of the person without holding a hearing.
(f) In all proceedings before a board or court for the suspension or revocation of any certificate, license, registration or authority authorization to practice issued under the provisions of this chapter, a statement of the charges against the holder of the certificate, license, registration or authority authorization to practice and a notice of the time and place of hearing shall be served upon the person as a notice is served under section one, article two, chapter fifty-six of this code at least thirty days prior to the hearing. and He or she may appear with witnesses and be heard in person, by counsel, or both. The board may take oral or written proof, for or against the accused holder of the authorization to practice, as it may consider advisable. If upon hearing the board finds that the charges are true, it may suspend or revoke the certificate, license, registration or authority and suspension or revocation shall take from the person all rights and privileges acquired thereby authorization to practice.
(g) The board may conduct the hearing or elect to have a hearing examiner or an administrative law judge conduct the hearing. If the hearing is conducted by a hearing examiner or an administrative law judge:
(1) The hearing examiner or administrative law judge shall be licensed to practice law in this state, and shall conform to the Code of Conduct for Administrative Law Judges as set forth by the Ethics Commission in legislative rule;
(2) At the conclusion of a hearing, the hearing examiner or administrative law judge shall prepare a proposed written order containing recommended findings of fact and conclusions of law, and may contain recommended disciplinary sanctions if the board so directs;
(3) The board may accept, reject, modify or amend the recommendations of the hearing examiner or administrative law judge; and
(4) If the board rejects, modifies or amends the recommendations, the board shall state in the order a reasoned, articulate justification based on the record for the rejection, modification or amendment.
(h) Pursuant to the provisions of section one, article five, chapter twenty-nine-a of this code, informal disposition may also be made by the board of any contested case by stipulation, agreed settlement, consent order or default. Further, The board may suspend its decision and place a licensee found by the board to be in violation of the applicable practice act or rules of the board on probation.
(h) (i) Any person denied a license, certificate, registration or authority an authorization to practice who believes the denial was in violation of this article or the article under which the license, certificate, registration or authority licensee is authorized shall be entitled to a hearing on the action. denying the license, certificate, registration or authority Hearings under this subsection are in accordance with the provisions for hearings which are set forth in this section.
(i) (j) A stenographic report of each proceeding on the denial, suspension or revocation of a certificate, license, registration or authority shall be made at the expense of the board and a transcript of the hearing retained in its files. The board shall make a written report of its findings, which shall constitute part of the record.
(j) (k) All hearings and administrative proceedings under the provisions of this section will be held in accordance with the provisions of article five, chapter twenty-nine-a of this code, and are subject to review by the Supreme Court of Appeals.
(k) (l) On or before the first day of July, two thousand one, every Each board referred to in this chapter shall adopt procedural rules in accordance with the provisions of article three, chapter twenty-nine-a of this code, which shall specify a procedure for the investigation and resolution of all complaints against persons licensed under this chapter. The proposed legislative rules relating only to complaint procedures or contested case hearing procedures required by the prior enactment of this subsection shall be redesignated as procedural rules in accordance with the provisions of article three, chapter twenty-nine-a of this code. Each board shall file the procedural rules required by this subsection by the thirty-first day of January, two thousand one. The public hearing or public comment period conducted for the proposed legislative rules shall serve as the public hearing or public comment period required by section five, article three, chapter twenty-nine-a of this code.
§30-1-11. Compensation of members; expenses; adherence to ethical standards.

(a) Each member of every board in this chapter is entitled to receive compensation for attending official meetings or engaging in official duties not to exceed the amount in the same amount as is paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law. A board member may not receive compensation for travel days that are not on the same day as the official meeting or engaging in official duties.
(b) The limitations contained in this section do not apply if they conflict with provisions of this chapter relating to a particular board and enacted after January 1, 1995.
(c) A board may reimburse actual and necessary expenses incurred for each day or portion of a day engaged in the discharge of official duties in a manner consistent with guidelines of the Travel Management Office of the Department of Administration.
(d) No member of any board in this chapter may receive compensation as an employee of the board.
(e) Each member of every board in this chapter shall adhere to the ethical standards for appointed officials as set forth in section five, article two, chapter six-b of this code.
§30-1-14. Remission of certain fees Modifying or waiving continuing education requirements or renewal fees for persons in active duty military service.

Every board of examination or registration referred to in this chapter is hereby authorized, under such rules and regulations as may be adopted by each board, to remit all annual license or annual registration fees required to be paid by any licensee or registrant under its supervision during such time as such licensee or registrant is serving with the Armed Forces of the United States of America, and to retain the name of such licensee or registrant in good standing on the roster of said board during said time.
Each board in this chapter may establish and implement processes for modifying or waiving continuing education requirements or renewal fees for the renewal of an authorization to practice for the period of time during which a person regulated by the board is engaged in active duty military service.
§30-1-19. Regulatory board review.
Each board is subject to a regulatory board review pursuant to the provisions of article ten, chapter four of this code.
§30-1-20. Independent status of boards; legislative declaration; inapplicability of certain laws, rules and policies to boards.
(a) The Legislature declares and reaffirms that, due to the statutory requirements of financial autonomy set forth in section six of this article, the exclusion of the boards from the statutory structure of the executive branch, and the absence of any requirement for the boards to report to an agency head, a cabinet secretary or the Governor, the boards have independent status.
(b) Boards referred to in this chapter are not bound by the laws, rules or policies applicable to the executive branch, including but not limited to, the purchasing requirements of the Purchasing Division, the rules of the Division of Personnel, the laws governing the authority of the Real Estate Division, Executive Order or instructions issued by the Governor or his or her staff.
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§30-3-2. Purpose.
The purpose of this article is to provide for the licensure and professional discipline of physicians and podiatrists and for the certification licensure and professional discipline of physician assistants and to provide a professional environment that encourages the delivery of quality medical services within this state.
§30-3-4. Definitions.
As used in this article:
(1) 'Board' means the West Virginia Board of Medicine established in section five of this article. Whenever any other provision of this code refers to the 'medical licensing board of West Virginia', the reference shall be construed to mean and refer to the 'West Virginia Board of Medicine' as created and established in this article.
(2) 'Medical peer review committee' means a committee of, or appointed by, a state or local professional medical society, or a committee of, or appointed by, a medical staff of a licensed hospital, long-term care facility or other health care facility, or any health care peer review organization as defined in section one, article three-c of this chapter, or any other organization of professionals in this state formed pursuant to state or federal law and authorized to evaluate medical and health care services.
(3) 'Practice of medicine and surgery' means the diagnosis or treatment of, or operation or prescription for, any human disease, pain, injury, deformity or other physical or mental condition. 'Surgery' includes the use on humans of lasers, ionizing radiation, pulsed light and radiofrequency devices, but does not include non-invasive procedures offered for purely cosmetic purposes. The provisions of this subsection do not apply to any person who is a duly licensed health care provider under other pertinent provisions of this code and who is acting within the scope of his or her license as determined by the regulatory board for that profession.
(4) 'Practice of podiatry' means the examination, diagnosis, treatment, prevention and care of conditions and functions of the human foot and ankle by medical, surgical and other scientific knowledge and methods; with surgical treatment of the ankle authorized only when a podiatrist has been granted privileges to perform ankle surgery by a hospital's medical staff credentialing committee based on the training and experience of the podiatrist; and medical and surgical treatment of warts and other dermatological lesions of the hand which similarly occur in the foot. When a podiatrist uses other than local anesthesia, in surgical treatment of the foot or hand, the anesthesia must be administered by, or under the direction of, an anesthesiologist or certified registered nurse anesthetist authorized under the State of West Virginia to administer anesthesia. A medical evaluation shall be made by a physician of every patient prior to the administration of other than local anesthesia.
(5) 'State director of health officer' means the state director of health commissioner for the Bureau for Public Health or his or her designee, which officer or designee shall be a physician and shall act as secretary of the board and shall carry out any and all responsibilities assigned in this article to the secretary of the board.
§30-3-5. West Virginia Board of Medicine created; transfer of powers and duties from medical licensing board; powers and duties continued; appointment and terms of members; vacancies; removal.

There is hereby created a medical licensing board to be known as the 'West Virginia Board of Medicine.' The West Virginia Board of Medicine shall assume, carry has assumed, carried on and succeed succeeded to all the duties, rights, powers, obligations and liabilities heretofore belonging to or exercised by the Medical Licensing Board of West Virginia. All the rules, and regulations, orders, rulings, licenses, certificates, permits and other acts and undertakings of the medical licensing board of West Virginia as heretofore constituted shall continue have continued as those of the West Virginia Board of Medicine until they expire expired or are were amended, altered or revoked. The board shall be remains the sole authority for the issuance of licenses to practice medicine and surgery and to practice podiatry and certificates for to practice as physician assistants in this state under the supervision of physicians licensed under this article. and The board shall continue to be a regulatory and disciplinary body for the practice of medicine and surgery and the practice of podiatry and for physician assistants in this state.
The board shall consist of fifteen members. One member shall be the state director of health officer ex officio, with the right to vote as a member of the board. The other fourteen members shall be appointed by the Governor, with the advice and consent of the Senate. Eight of the members shall be appointed from among individuals holding the degree of doctor of medicine and two shall hold the degree of doctor of podiatric medicine. One member shall be an individual certified licensed by the board as a Type A physician assistant. Each of these members must be duly licensed or certified to practice his or her profession in this state on the date of appointment and must have been licensed or certified and actively practicing that profession for at least five years immediately preceding the date of appointment. Three lay members shall be appointed to represent health care consumers. Neither the lay members nor any person of the lay members' immediate families shall be a provider of or be employed by a provider of health care services. The state director of health's health officer's term shall continue for the period that he or she holds office as state director of health officer. Each other member of the board shall be appointed to serve a term of five years: Provided, That the members of the medical licensing board or Board of Medicine holding appointments on the effective date of this section shall continue to serve as members of the Board of Medicine until the expiration of their term unless sooner removed. Each term shall begin on October 1 of the applicable year, and a member may not be appointed to more than two consecutive full terms on the board.
Not more than four physicians, one podiatrist and two lay members appointed by the Governor as members of the board shall belong to the same political party. The Type A physician assistant member may not belong to the same political party to which a majority of the lay members belong. A person is not eligible for membership on the board who is a member of any political party executive committee or, with the exception of the state director of health officer, who holds any public office or public employment under the federal government or under the government of this state or any political subdivision thereof. or who is an appointee or employee of the state board of health.
In making appointments to the board, the Governor shall, so far as practicable, select the members from different geographical sections of the state. When a vacancy on the board occurs and less than one year remains in the unexpired term, the appointee shall be eligible to serve the remainder of the unexpired term and two consecutive full terms on the board.
No member may be removed from office by the Governor except for official misconduct, incompetence, neglect of duty or gross immorality: Provided, That the expiration, surrender or revocation of the professional license or certification by the board of a member of the board shall be cause for removal the membership to immediately and automatically terminate.
§30-3-6. Conduct of business of West Virginia Board of Medicine; meetings; officers; compensation; expenses; quorum.

Every two years the board shall elect from among its members a president and vice president. Regular meetings shall be held as scheduled by the rules and regulations of the board. Special meetings of the board may be called by the joint action of the president and vice president or by any three members of the board on seven days' prior written notice by mail postage prepaid or electronic means or, in case of emergency, on two days' notice by telephone and electronic means. With the exception of the state director of health officer, members of the board shall receive one hundred dollars for each day actually spent in attending the sessions of the board or its committees. A board member shall be reimbursed for all reasonable and necessary expenses actually incurred when a meeting is held in a location that is removed from the member's place of residence compensation and expense reimbursement in accordance with section eleven, article one of this chapter.
A majority of the membership of the board constitutes a quorum for the transaction of business, and business is transacted by a majority vote of a quorum, except for disciplinary actions which shall require the affirmative vote of not less than five members or a majority vote of those present, whichever is greater.
Meetings of the board shall be held in public session. except that the board may hold closed sessions to prepare, approve, grade or administer examinations Disciplinary proceedings, prior to a finding of probable cause as provided in subsection (o) (p), section fourteen of this article, shall be held in closed sessions, unless the party subject to discipline requests that the hearing proceedings be held in public session.
§30-3-8. State director of health officer to act as secretary of the board.

The state director of health officer, in addition to being a member of the board, shall act as its secretary. and shall be in charge of its offices and responsible to the board for the maintenance of the offices and the preparation of application forms, licenses, reports and all other papers or documents that may be required by the board in the performance of its duties He or she shall, together with the president of the board, sign all licenses, reports, orders and other documents that may be required by the board in the performance of its duties.
ARTICLE 10. VETERINARIANS.
§30-10-1. Unlawful acts.
(a) It is unlawful for any person to practice or offer to practice veterinary medicine, veterinary technology or animal euthanasia in this state without a license, registration or certificate issued under the provisions of this article, or advertise or use any title or description tending to convey the impression that they are a veterinarian, veterinary technician or animal euthanasia technician unless such person has been duly licensed, registered or certified under the provisions of this article.
(b) A business entity may not render any service or engage in any activity which, if rendered or engaged in by an individual, would constitute the practice of veterinary medicine, veterinary technology or animal euthanasia, except through a licensee, registrant or certificate holder.
§30-10-2. Applicable law.
The practice of veterinary medicine, veterinary technology and animal euthanasia and the Board of Veterinary Medicine are subject to the provisions of article one of this chapter, the provisions of this article and the board's rules.
§30-10-3. Definitions.
As used in this article, the following words and terms have the following meanings:
(a) 'Animal' means any animal other than human, and the term includes fowl, birds, amphibians, fish, and reptiles, wild or domestic, living or dead.
(b) 'Animal Control Facility' means a municipal or county operated humane society or animal shelter incorporated and organized under the laws of this state or a humane society or an animal shelter classified as 501(c)(3) by the Internal Revenue Service, with at least one certified animal euthanasia technician.
(c) 'Applicant' means a person making application for a license, certificate, registration or permit, under the provisions of this article.
(d) 'Board' means the West Virginia Board of Veterinary Medicine.
(e) 'Business entity' means any firm, partnership, association, company, corporation, limited partnership, limited liability company or other entity performing veterinary medicine, veterinary technology or animal euthanasia.
(f) 'Certificate' means an animal euthanasia technician certificate issued under the provisions of this article.
(g) 'Certified animal euthanasia technician' means a person who is certified by the board
to euthanize animals in accordance with the provisions of this article.
(h) 'General Supervision' means the supervising veterinarian is in the building where the animal is being treated, has given instructions for treatment and is quickly and easily available.
(i) 'Indirect supervision' means the performance of procedures on the orders of a supervising veterinarian.
(j) 'License' means a veterinary medicine license issued under the provisions of this article.
(k) 'Permit' means a temporary permit to practice veterinary medicine issued by the board.
(l) 'Practice of veterinary medicine' means to diagnose, treat, correct, change, relieve or prevent any disease, deformity, defect, injury, or other physical or mental condition, of any animal, or to prescribe for or to administer to any animal any drug, medicine, biologic, apparatus, application, anesthetic or other therapeutic or diagnostic substance or technique, or to render advice or any recommendation with respect to any of the foregoing.
(m) 'Practice of veterinary technology' means the science and art of providing all aspects of professional medical care, services and treatment for animals with the exceptions of diagnosis, prognosis, surgery, prescription and application of any treatments, drugs, medications or appliances, where a valid veterinarian- client-patient relationship exists.
(n) 'Registered veterinary technician' means a person who is duly registered to practice veterinary technology under the provisions of this article.
(o) 'Supervising veterinarian' means a veterinarian, licensed under this article, who assumes responsibility for the professional care given to an animal by a person authorized by this article to work under his or her general or indirect supervision.
(p) 'Veterinarian' means a person who is licensed to practice veterinary medicine under the provisions of this article.
(q) 'Veterinary assistant' means a person who has not met the requirements for becoming a registered veterinary technician and whose basic tasks are set by the veterinarian.
(r) 'Veterinarian-client-patient relationship' means a relationship between a veterinarian, a client and a patient, exists when:
(1) A veterinarian assumes responsibility for medical judgments regarding the health of an animal and the client who is the owner or other caretaker of the animal agrees to follow the veterinarian's instructions; or
(2) A veterinarian, through personal examination of an animal or a representative sample of a herd or flock, obtains sufficient information to make at least a general or preliminary diagnosis of the medical condition of the animal, herd or flock, which diagnosis is expanded through medically appropriate visits to the premises where the animal, herd or flock is kept.
§30-10-4. Board of Veterinary Medicine.
(a) The West Virginia Board of Veterinary Medicine is continued. The members of the board in office on July 1, 2010, shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified.
(b) Commencing July 1, 2010, the board shall consist of the following nine members appointed by the Governor by and with the advice and consent of the Senate:
(1) Six members licensed to practice veterinary medicine in this state;
(2) One member registered to practice veterinary technology in this state; and
(3) Two citizen members, who are not licensed under the provisions of this article and who do not perform any services related to the practice of the professions regulated under the provisions of this article.
(c) Each member shall be appointed for a term of five years and may not serve more than two consecutive terms. Any member who has served two consecutive full terms may not be reappointed for at least one year after completion of his or her second full term. A member may continue to serve until his or her successor has been appointed and qualified.
(d)
The terms shall be staggered by the Governor.
(e) Each licensed or registered member of the board, at the time of his or her appointment, must have held a license or registration in this state for a period of not less than three years immediately preceding the appointment.
(f) Each member of the board must be a resident of this state during the appointment term.
(g) A vacancy on the board shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacant.
(h) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.
(i) Any member of the board immediately and automatically forfeits his or her membership if he or she has his or her license or registration suspended or revoked by the board, is convicted of a felony, a misdemeanor involving animal abuse or neglect, or becomes a nonresident of this state.
(j) The board shall elect annually one of its members as chairperson and one member as secretary-treasurer who shall serve at the will and pleasure of the board.
(k) Each member of the board is entitled to receive compensation and expense reimbursement in accordance with article one of this chapter.
(l) A majority of the members serving on the board constitutes a quorum.
(m) A member may not be an officer, board member or employee of a statewide or national organization established for the purpose of advocating the interests of or conducting peer review of veterinarians or veterinarian technicians licensed or registered pursuant to this article.

(n) A veterinary technician member may not be employed by a veterinarian on the board.
(o) The board shall hold at least one annual meeting. Other meetings shall be held at the call of the chairperson or upon the written request of three members, at the time and place as designated in the call or request.
(p) Prior to commencing his or her duties as a member of the board, each member shall take and subscribe to the oath required by section five, article four of the Constitution of this state.
§30-10-5. Powers and duties of the board.
(a) The board has all the powers and duties set forth in this article, by rule, in article one of this chapter and elsewhere in law.
(b) The board shall:
(1) Hold meetings, conduct hearings and administer examinations;
(2) Establish requirements for a license, permit, certificate and registration;
(3) Establish procedures for submitting, approving and rejecting applications for a license, permit, certificate and registration;

(4)
Determine the qualifications of any applicant for a license, permit, certificate and registration;
(5) Prepare, conduct, administer and grade written, oral or written and oral examinations for a license, certificate and registration;

(6) Determine the passing grade for the examinations;
(7) Maintain records of the examinations the board or a third party administers, including the number of persons taking the examination and the pass and fail rate;
(8) Maintain an office, and hire, discharge, establish the job requirements and fix the compensation of employees and contract with persons necessary to enforce the provisions of this article;

(9) Investigate alleged violations of the provisions of this article,
legislative rules, orders and final decisions of the board;
(10) Conduct disciplinary hearings of persons
regulated by the board;
(11) Determine disciplinary action and issue orders;
(12) Institute appropriate legal action for the enforcement of the provisions of this article;
(13) Maintain an accurate registry of names and addresses of all persons regulated by the board;
(14) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;
(15) Establish, by legislative rule, the continuing education requirements for licensees, permitees, certificate holders and registrants; and
(16) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article.
(c) The board may:
(1) Contract with third parties to administer the examinations required under the provisions of this article;
(2) Define, by legislative rule, the fees charged under the provisions of this article;
(3) Issue, renew, deny, suspend, revoke or reinstate a license, permit, certificate and registration;
(4) Sue and be sued in its official name as an agency of this state;
(5) Confer with the Attorney General or his or her assistant in connection with legal matters and questions; and
(6) Take all other actions necessary and proper to effectuate the purposes of this article.
§30-10-6. Rule-making authority.
(a) The board shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including establishing:
(1) Standards and requirements for a license, permit, certificate and registration;
(2) Procedures for examinations and reexaminations;
(3) Requirements for third parties to prepare, administer or prepare and administer examinations and reexaminations;
(4) Educational and experience requirements and the passing grade on the examination;
(5) Standards for approval of courses;
(6) Procedures for the issuance and renewal of a license, permit, certificate and registration;
(7) A fee schedule;
(8) Standards for ethical conduct;
(9) Procedures and requirements for facility inspections;
(10) Clarification of the veterinarian-client-patient relationship;
(11) Procedures for denying, suspending, revoking, reinstating or limiting the practice of a licensee, permittee, certificate holder or registrant;
(12) Requirements for reinstating a revoked license, permit, certificate and registration; and
(13) Any other rules necessary to effectuate the provisions of this article.
(b) All of the board's rules in effect on the effective date of the reenactment of this article in the regular session of 2010 will remain in effect until they are amended, modified, repealed or replaced.
§30-10-7. Fees; special revenue account; administrative fines.
(a) All fees and other moneys, except fines, received by the board shall be deposited in a separate special revenue fund in the State Treasury designated the 'Board of Veterinary Medicine Fund', which fund is continued. The fund is used by the board for the administration of this article. Except as may be provided in article one of this chapter, the board shall retain the amounts in the special revenue account from year to year. Any compensation or expense incurred under this article
is not a charge against the General Revenue Fund.
(b) The board shall deposit any amounts received as administrative fines imposed pursuant to this article into the General Revenue Fund of the State Treasury.
§30-10-8. Requirements for Veterinary License.
(a) To be eligible for a license to practice under the provisions of this article, the applicant must:
(1) Be of good moral character;
(2) (A) Be a graduate of an accredited school approved by the board; or
(B) Be a graduate of a foreign veterinary school and hold a certificate of competence issued by a foreign veterinary graduate educational organization as approved by the board;
(3) Have passed the examinations required by the board;
(4) Be at least eighteen years of age;
(5) Be a citizen of the United States or be eligible for employment in the United States;
(6) Not have been convicted of a crime involving moral turpitude;
(7) Not have been convicted of a felony under the laws of any jurisdiction within five years preceding the date of application for licensure which conviction remains unreversed;
(8) Not have been convicted of a misdemeanor or a felony under the laws of any jurisdiction at any time if the offense for which the applicant was convicted related to the practice of veterinary medicine or animal abuse or neglect.
(b) A person seeking a license under the provisions of this article shall submit an application on a form prescribed by the board and pay all applicable fees.
(c) An applicant from another jurisdiction shall comply with all requirements of this article.
(d) A license to practice veterinary medicine issued by the board prior to July 1, 2010, shall for all purposes be considered a license issued under this article and may be renewed under this article.
§30-10-9. Scope of Practice for a Licensed Veterinarian.
A person licensed to practice veterinary medicine may:
(a) Prescribe or administer any drug, medicine, treatment, method or practice for any animal;
(b) Perform any operation or manipulation on or apply any apparatus or appliance to any animal;
(c) Give any instruction or demonstration for the cure, amelioration, correction or reduction or modification of any animal condition, disease, deformity, defect, wound or injury;
(d) Diagnose or prognosticate any animal condition, disease, deformity, defect, wound or injury for hire, fee, reward or compensation that is directly or indirectly promised, offered, expected, received or accepted; and
(e) Prescribe or administer any legally authorized drug, medicine, treatment, method or practice, perform any operation or manipulation, or apply any apparatus or appliance for the cure, amelioration, correction or modification of any animal condition, disease, deformity, defect, wound or injury for hire, fee, compensation or reward that is directly or indirectly promised, offered, expected, received or accepted.
§30-10-10. Requirements for a registered veterinary technician.

(a) To be eligible for a registration to practice veterinary technology under the provisions of this article, the applicant must:
(1) Be of good moral character;
(2) Successfully graduate with a degree in veterinary technology at an accredited school approved by the board;
(3) Have passed examinations required by the board;
(4) Be at least eighteen years of age;
(5) Be a citizen of the United States or be eligible for employment in the United States;

(6) Not have been convicted of a crime involving moral turpitude;
(7) Not have been convicted of a felony under the laws of any jurisdiction within five years preceding the date of application for registration which conviction remains unreversed; and
(8) Not have been convicted of a misdemeanor or a felony under the laws of any jurisdiction at any time if the offense for which the applicant was convicted related to the practice of veterinary technology or animal abuse or neglect.
(b) A person seeking registration under the provisions of this
article shall submit an application on a form prescribed by the board and pay all applicable fees.
(c) A person registered to practice veterinary technology issued by the board prior to July 1, 2010, shall for all purposes be considered registered under this article.
§30-10-11. Scope of practice for registered veterinary technician.
(a) A registered veterinary technician may perform the following tasks under general veterinary supervision:
(1) Administer anesthesia including induction, intravenous sedation and maintenance and recovery from anesthesia;
(2) Perform dental prophylaxis;
(3) Establish open airways;
(4) Administer resuscitative oxygen procedures;
(5) Administer resuscitative drugs, in the event of cardiac arrest;
(6) Administer immunizations that are not required by law to be administered by a licensed veterinarian;
(7) Prepare or supervise the preparation of patients for surgery;
(8) Assist the veterinarian in immunologic, diagnostic, medical, chemotherapeutic and surgical procedures; and
(9) Perform external suturing
.
(b) A registered veterinary technician may perform the following tasks under either general or indirect supervision:
(1) Perform diagnostic imaging;
(2) Perform intravenous catheterization;
(3) Administer and apply medications and treatments by oral intramuscular, intravenous and subcutaneous routes;
(4) Apply bandages;
(5) Perform cardiac and respiratory monitoring;
(6) Perform appropriate procedures to control bleeding;
(7) Apply temporary splints or immobilizing bandages;
(8) Perform ear flushing;
(9) Collect specimens; and
(10) Perform laboratory procedures.
(c) A veterinary technician may, without supervision, use emergency treatment procedures when an animal has been placed in a life threatening condition and immediate treatment is necessary to sustain the animal's life. The registered veterinary technician shall immediately take steps to secure the general supervision of a veterinarian.
§30-10-12. Requirements to be a certified animal euthanasia technician.

(a) To be a certified animal euthanasia technician a person must:
(1) Apply at least thirty days prior to the date the next written examinations are scheduled, using a form prescribed by the board;
(2) Have a high school diploma or GED,
(3) Pay application and examination fees;
(4) Complete the certified animal euthanasia technicians program sponsored by the board and pass the written and practical skills examinations;
(5) Pass the prescribed background check; and
(6) Complete other requirements established by the board by legislative rule.
(b) A certified animal euthanasia technician may practice animal euthanasia at a legally operated animal control facility.
§30-10-13. Requirements for certified animal euthanasia technicians program.

(a) The board shall create a certified animal euthanasia technicians program. The board shall design this program to teach applicants for certification record keeping and the legal, safety and practical information needed to become a certified animal euthanasia technician.
(b) (1) The board shall administer written examinations to an applicant for certification. The written examinations shall test the applicant's knowledge of the following:
(A) Animal restraint;
(B) Drug enforcement agency regulations;
(C) Record keeping requirements for controlled substances;
(D) Handling, inventory, security and proper storage of euthanasia drugs, solutions and syringes;
(E) The certification process;
(F) Legal requirements;
(G) Stress management;
(H) Approved animal euthanasia drug usage;
(I) Jurisprudence; and
(J) Other subject areas specified by the board in a legislative rule.
(2) The applicant shall pass the written examinations with a minimum correct score as determined by the board by legislative rule in order to be eligible to take the practical skills examination provided in subsection (c) of this section.
(c) In addition to the written examinations provided under subsection (b) of this section, the board shall administer a practical skills examination to an applicant who has successfully passed the written examinations. The board shall conduct the practical skills examination in a manner that tests an applicant's ability to properly restrain an animal, measure a correct dosage of euthanasia solution, locate an injection site and perform an injection. In order to pass the practical skills examination, an applicant shall exhibit to the board that he or she can locate an injection site and perform an injection and also perform euthanasia correctly and humanely.
(d) An applicant who successfully passes the written examinations and the practical skills examination required by this section shall sign a form authorizing the board to make inquiries through the United States Department of Justice, or any other legal jurisdiction or entity, for the purpose of determining the character and reputation of the applicant and other matters relating to the certification of the applicant.
§30-10-14. Scope of practice for an animal euthanasia technician.
(a) A certified animal euthanasia technician may euthanize animals assigned to the care of an animal control facility.
(b) A certified animal euthanasia technician shall practice euthanasia within the limitations imposed by this article and rules promulgated by the board under this article.
(c) A certified animal euthanasia technician may not practice or offer to practice his or her profession outside the direct authority of the animal control facility which employs him or her or otherwise contracts for his or her services.
(d) A certified animal euthanasia technician is not qualified and may not indicate that he or she is qualified to act in any capacity relative to animals beyond his or her specified and regulated authority to euthanize animals at the instruction of the animal control facility by which he or she is employed.
(e) Annually, before January 15, a certified animal euthanasia technician shall report to the board the number of animals euthanized at his or her facility during the previous calendar year.
§30-10-15. Renewal requirements.
(a) All persons regulated by the article shall annually before January 1, renew his or her license, registration or certification by completing a form prescribed by the board and submit any other information required by the board.
(b) At least thirty days prior to January 1, annually, the board shall mail to every person regulated by the article an application for renewal.
(c) The board shall charge a fee for each renewal of a license permit, registration or certification and shall charge a late fee for any renewal not properly completed and received with the appropriate fee by the board before January 1.
(d) The board shall require as a condition for the renewal of a license, registration or certificate that each person regulated by the article complete continuing education.
(e) The board may deny an application for renewal for any reason which would justify the denial of an original application for a license, registration or certification.
(f) The board may authorize the waiving of the renewal fee of a licensed veterinarian or veterinarian technician during the period when he or she is on active duty with any branch of the armed services or the public health service of the United States or a declared emergency.
(g) After July 1, 2010, a previously certified animal euthanasia technician may renew his or her certification without having obtained a high school degree or GED.
§30-10-16. Temporary permits for a veterinarian.
(a) Upon completion of the application and payment of the applicable fees, the board may issue a temporary permit to a person for a period not to exceed the next scheduled examination date to practice veterinary medicine in this state to a person who has completed the educational requirements set out in this article, pending the state examination, who is practicing under a supervising veterinarian. The temporary permit expires the day after the board gives written notice to the permitee of the results of the first examination held following the issuance of the temporary permit.
(b) A temporary permit may be revoked by a majority vote of the board without a hearing.
§30-10-17. Exemptions from article.
The following persons are exempt from licensing under the provisions of this article:
(a) An employee of the federal government performing his or her official duties, as defined by the employing agency;
(b) A student of a veterinary school working under the direct supervision of a licensed veterinarian;
(c) A person advising with respect to or performing acts which the board has prescribed by legislative rule as accepted livestock management practices;
(d) The owner of an animal, the owner's employees, or persons assisting the owner without any fee or compensation, caring for and treating the animal, except where the ownership of
the animal was transferred for the purpose of circumventing the provisions of this article;
(e) A member of the faculty of a veterinary school performing his or her regular duties and functions, including lecturing, giving instructions or demonstrations, at a veterinary school or in connection with a board approved continuing education course or seminar;
(f) A person selling or applying a pesticide, insecticide or herbicide;
(g) A person engaging in bona fide scientific research which reasonably requires experimentation involving animals;
(h) A person engaging in bona fide scientific research in consultation with a licensed veterinarian in this state;
(i) A person treating or relieving a living animal in the case of an emergency for no fee or other compensation; and
(j) A person who disposes of the carcass of a dead animal.
§30-10-18. Display of license.
(a) The board shall prescribe the form for a license, permit, registration and certificate and may issue a duplicate upon payment of a fee.
(b) Any person regulated by the article shall conspicuously display his or her license, permit, registration or certification at his or her principal business location.
§30-10-19. Complaints; investigations; due process procedure; grounds for disciplinary action.

(a) The board may upon its own motion and shall upon the written complaint of any person cause an investigation to be made to determine whether grounds exist for disciplinary action under this article or the legislative rules of the board.
(b) Upon initiation or receipt of the complaint, the board shall provide a copy of the complaint to the licensee, permittee, registrant or certificate holder.
(c) The board may cause an investigation to be made into the facts and circumstances giving rise to the complaint and any person regulated by this article has an affirmative duty to assist the board, or its authorized representative, in the conduct of its investigation.
(d) After reviewing any information obtained through an investigation, the board shall determine if probable cause exists that the licensee, permittee, registrant or certificate holder has violated any provision of this article or rules promulgated pursuant to this article.
(e) Upon a finding that probable cause exists that the licensee, permittee, registrant or certificate holder has violated any provision of this article or rules promulgated pursuant to this article, the board may enter into a consent decree or hold a hearing for the suspension or revocation of the license, permit, registration or certification or the imposition of sanctions against the licensee, permittee, registrant or certificate holder. The hearing shall be held in accordance with the provisions of section twenty-one of this article.
(f) Any member of the board or the executive director of the board may issue subpoenas and subpoenas duces tecum to obtain testimony and documents to aid in the investigation of allegations against any person regulated by the article.
(g) Any member of the board or its executive director may sign a consent decree or other legal document on behalf of the board.
(h) The board may, after notice and opportunity for hearing, deny, refuse to renew, suspend or revoke the license, permit, registration or certification of, impose probationary conditions upon or take disciplinary action against, any licensee, permittee, registrant or certificate holder for any of the following reasons:
(1) Obtaining a license, permit, registration or certification by fraud, misrepresentation or concealment of material facts;
(2) Being convicted of a felony or other crime involving moral turpitude;
(3) Being guilty of unprofessional conduct as defined by legislative rule of the board;
(4) Violating any provision of this article, lawful order or legislative rule of the board;
(5) Having had a license or other authorization revoked or suspended, other disciplinary action taken, or an application for licensure or other authorization refused, revoked or suspended by the proper authorities of another jurisdiction, irrespective of intervening appeals and stays; or
(6) Engaging in any act which has endangered or is likely to endanger the health, welfare or safety of the public.
(i) For the purposes of subsection (h) of this section, disciplinary action may include:
(1) Reprimand;
(2) Probation;
(3) Administrative fine, not to exceed $1,000 a day per violation;
(4) Mandatory attendance at continuing education seminars or other training;
(5) Practicing under supervision or other restriction;
(6) Requiring the licensee, permittee, registrant or certificate holder to report to the board for periodic interviews for a specified period of time; or
(7) Other corrective action considered by the board to be necessary to protect the public, including advising other parties whose legitimate interests may be at risk.

§30-10-20. Procedures for hearing; right of appeal.
(a) Hearings shall be governed by the provisions of section eight, article one of this chapter.
(b) The board may conduct the hearing or elect to have an administrative law judge conduct the hearing.
(c) If the hearing is conducted by an administrative law judge, the administrative law judge shall prepare a proposed written order containing findings of fact and conclusions of law at the conclusion of a hearing. The proposed order may contain proposed disciplinary actions if the board so directs. The board may accept, reject or modify the decision of the administrative law judge.
(d) Any member or the executive director of the board has the authority to administer oaths, examine any person under oath and issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing, the board determines the licensee, permittee, registrant or certificate holder has violated any provision of this article or the board's rules, a formal written decision shall be prepared which contains findings of fact, conclusions of law and a specific description of the disciplinary actions imposed.
§30-10-21. Judicial review; appeal to Supreme Court of Appeals.
Any licensee, permittee, registrant or certificate holder adversely affected by a decision of the board entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code, and may appeal any ruling resulting from judicial review in accordance with article six, chapter twenty-nine-a of this code.
§30-10-22. Criminal proceedings; penalties.
(a) When, as a result of an investigation under this article or otherwise, the board has reason to believe that a person has knowingly violated the provisions of this article or rules promulgated pursuant to this article, the board may bring its information to the attention of an appropriate law-enforcement official who may cause criminal proceedings to be brought.
(b) Any person violating a provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000 or confined in a correctional facility not more than six months, or both fined and confined.
§30-10-23. Single act evidence of practice.
In any action brought or in any proceeding initiated under this article, evidence of the commission of a single act prohibited by this article is sufficient to justify a penalty, injunction, restraining order or conviction without evidence of a general course of conduct.
"
On motion of Delegate Morgan, the Government Organization amendment was amended on page one, by amending the enacting section to read as follows:
"That §30-3-18 of the Code of West Virginia, 1931, as amended, be repealed; and that §30-3- 2, §30-3-4, §30-3-5, §3-3-6 and §30-3-8 of said code be amended and reenacted, all to read as follows" and a semicolon.
On page sixteen, section twenty, line twelve, after the words "boards to report to", by striking out the words "an agency head, a cabinet secretary or the Governor," and inserting in lieu thereof the words "an agency head or cabinet secretary" and a comma.
On page seventeen, line twenty-four, section four, after the words "radiofrequency devices", by striking out the comma and inserting in lieu thereof a period, and by striking out the words "but does not include non-invasive procedures offered for purely cosmetic purposes" and a period.
And,
On page twenty-three, following line nineteen, by striking out the remainder of the amendment.
The Government Organization Committee amendment, as amended, was then adopted.
There being no further amendments, the bill was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 350), and there were--yeas 88, nays 9, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Lane, Louisos, McGeehan, J. Miller, Porter, Schoen, Sobonya and Sumner.
Absent And Not Voting: Argento, Brown and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 372) passed.
On motion of Delegate Morgan, the title of the bill was amended to read as follows:
S. B. 372 - "A Bill to repeal §30-1-15 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-1-2a, §30-1-5, §30-1-6, §30-1-8, §30-1-11 and §30-1-14 of said code; to amend said code by adding thereto two new sections, designated §30-1-19 and §30-1-20; and to amend and reenact §30-3-2, §30-3-4, §30-3-5, §30-3-6 and §30-3-8 of said code, all relating to professional licensing boards; revising requirements for specific subject matter at board training sessions; clarifying who may call a board meeting; clarifying the establishment of quorums; clarifying that boards must maintain offices open to the public; clarifying the requirement to report violations; providing civil immunity for reporting violations in good faith; authorizing boards to propose fees notwithstanding specific fees established in code; requiring boards to redact social security numbers from copies of documents provided to the public; expanding the methods by which boards may notify licensees of proposed fees in legislative rules; authorizing boards to levy fines; removing the limitation on the amount of fines which may be levied; authorizing boards to hire administrative law judges; clarifying procedures governing hearings; clarifying that board members must adhere to ethical standards for appointed officials; authorizing boards to establish a process for modifying or waiving continuing education requirements or renewal fees for licensees in active duty military service; requiring regulatory board reviews; clarifying independent status of boards; providing definitions; updating current terminology; removing outdated language; 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. 483, Authorizing HMOs offer point of service option; on third reading, coming up in regular order, with an amendment pending and the further right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"That §33-25A-2 and §33-25A-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 25A. HEALTH MAINTENANCE ORGANIZATION ACT.
§33-25A-2. Definitions.

(1) 'Basic health care services' means physician, hospital, out-of-area, podiatric, chiropractic, laboratory, X ray, emergency, treatment for serious mental illness as provided in section three-a, article sixteen of this chapter, and cost-effective preventive services including immunizations, well-child care, periodic health evaluations for adults, voluntary family planning services, infertility services, and children's eye and ear examinations conducted to determine the need for vision and hearing corrections, which services need not necessarily include all procedures or services offered by a service provider.
(2) 'Capitation' means the fixed amount paid by a health maintenance organization to a health care provider under contract with the health maintenance organization in exchange for the rendering of health care services.
(3) 'Commissioner' means the commissioner of insurance.
(4) 'Consumer' means any person who is not a provider of care or an employee, officer, director or stockholder of any provider of care.
(5) 'Copayment' means a specific dollar amount, or percentage, except as otherwise provided for by statute, that the subscriber must pay upon receipt of covered health care services and which is set at an amount or percentage consistent with allowing subscriber access to health care services.
(6) 'Employee' means a person in some official employment or position working for a salary or wage continuously for no less than one calendar quarter and who is in such a relation to another person that the latter may control the work of the former and direct the manner in which the work shall be done.
(7) 'Employer' means any individual, corporation, partnership, other private association, or state or local government that employs the equivalent of at least two full-time employees during any four consecutive calendar quarters.
(8) 'Enrollee', 'subscriber' or 'member' means an individual who has been voluntarily enrolled in a health maintenance organization, including individuals on whose behalf a contractual arrangement has been entered into with a health maintenance organization to receive health care services.
(9) 'Evidence of coverage' means any certificate, agreement or contract issued to an enrollee setting out the coverage and other rights to which the enrollee is entitled.
(10) 'Health care services' means any services or goods included in the furnishing to any individual of medical, mental or dental care, or hospitalization or incident to the furnishing of the care or hospitalization, osteopathic services, chiropractic services, podiatric services, home health, health education or rehabilitation, as well as the furnishing to any person of any and all other services or goods for the purpose of preventing, alleviating, curing or healing human illness or injury.
(11) 'Health maintenance organization' or 'HMO' means a public or private organization which provides, or otherwise makes available to enrollees, health care services, including at a minimum basic health care services and which:
(a) (A) Receives premiums for the provision of basic health care services to enrollees on a prepaid per capita or prepaid aggregate fixed sum basis, excluding copayments;
(b) (B) Provides physicians' services primarily: (i) Directly through physicians who are either employees or partners of the organization; or (ii) through arrangements with individual physicians or one or more groups of physicians organized on a group practice or individual practice arrangement; or (iii) through some combination of paragraphs (i) and (ii) of this subdivision;
(c) (C) Assures the availability, accessibility and quality, including effective utilization, of the health care services which it provides or makes available through clearly identifiable focal points of legal and administrative responsibility; and
(d) (D) Offers services through an organized delivery system in which a primary care physician or primary care provider is designated for each subscriber upon enrollment. The primary care physician or primary care provider is responsible for coordinating the health care of the subscriber and is responsible for referring the subscriber to other providers when necessary: Provided, That when dental care is provided by the health maintenance organization the dentist selected by the subscriber from the list provided by the health maintenance organization shall coordinate the covered dental care of the subscriber, as approved by the primary care physician or the health maintenance organization.
(12) 'Impaired' means a financial situation in which, based upon the financial information which would be required by this chapter for the preparation of the health maintenance organization's annual statement, the assets of the health maintenance organization are less than the sum of all of its liabilities and required reserves including any minimum capital and surplus required of the health maintenance organization by this chapter so as to maintain its authority to transact the kinds of business or insurance it is authorized to transact.
(13) 'Individual practice arrangement' means any agreement or arrangement to provide medical services on behalf of a health maintenance organization among or between physicians or between a health maintenance organization and individual physicians or groups of physicians, where the physicians are not employees or partners of the health maintenance organization and are not members of or affiliated with a medical group.
(14) 'Insolvent' or 'insolvency' means a financial situation in which, based upon the financial information that would be required by this chapter for the preparation of the health maintenance organization's annual statement, the assets of the health maintenance organization are less than the sum of all of its liabilities and required reserves.
(15) 'Medical group' or 'group practice' means a professional corporation, partnership, association or other organization composed solely of health professionals licensed to practice medicine or osteopathy and of other licensed health professionals, including podiatrists, dentists and optometrists, as are necessary for the provision of health services for which the group is responsible: (a) A majority of the members of which are licensed to practice medicine or osteopathy; (b) who as their principal professional activity engage in the coordinated practice of their profession; (c) who pool their income for practice as members of the group and distribute it among themselves according to a prearranged salary, drawing account or other plan; and (d) who share medical and other records and substantial portions of major equipment and professional, technical and administrative staff.
(16) 'Point of service option' means a delivery system that permits an enrollee to receive health care services from a provider outside of the panel of providers with which the health maintenance organization has a contractual arrangement under the terms and conditions of the enrollee's contract with the health maintenance organization or the insurance carrier that provides the point of service option.
(16)(17) 'Premium' means a prepaid per capita or prepaid aggregate fixed sum unrelated to the actual or potential utilization of services of any particular person which is charged by the health maintenance organization for health services provided to an enrollee.
(17)(18) 'Primary care physician' means the general practitioner, family practitioner, obstetrician/gynecologist, pediatrician or specialist in general internal medicine who is chosen or designated for each subscriber who will be responsible for coordinating the health care of the subscriber, including necessary referrals to other providers.
(18)(19) 'Primary care provider' means a person who may be chosen or designated in lieu of a primary care physician for each subscriber, who will be responsible for coordinating the health care of the subscriber, including necessary referrals to other providers, and includes:
(a) (A) An advanced nurse practitioner practicing in compliance with article seven, chapter thirty of this code and other applicable state and federal laws, who develops a mutually agreed upon association in writing with a primary care physician on the panel of and credentialed by the health maintenance organization; and
(b) (B) A certified nurse-midwife, but only if chosen or designated in lieu of a subscriber's primary care physician or primary care provider during the subscriber's pregnancy and for a period extending through the end of the month in which the sixty-day period following termination of pregnancy ends.
(c) (C) Nothing in this subsection may be construed to expand the scope of practice for advanced nurse practitioners as governed by article seven, chapter thirty of this code or any legislative rule, or for certified nurse-midwives, as defined in article fifteen, chapter thirty of this code.
(19)(20) 'Provider' means any physician, hospital or other person or organization which is licensed or otherwise authorized in this state to furnish health care services.
(20)(21) 'Uncovered expenses' means the cost of health care services that are covered by a health maintenance organization, for which a subscriber would also be liable in the event of the insolvency of the organization.
(21)(22) 'Service area' means the county or counties approved by the commissioner within which the health maintenance organization may provide or arrange for health care services to be available to its subscribers.
(22)(23) 'Statutory surplus' means the minimum amount of unencumbered surplus which a corporation must maintain pursuant to the requirements of this article.
(23)(24) 'Surplus' means the amount by which a corporation's assets exceeds its liabilities and required reserves based upon the financial information which would be required by this chapter for the preparation of the corporation's annual statement except that assets pledged to secure debts not reflected on the books of the health maintenance organization shall not be included in surplus.
(24)(25) 'Surplus notes' means debt which has been subordinated to all claims of subscribers and general creditors of the organization.
(25)(26) 'Qualified independent actuary' means an actuary who is a member of the American academy of actuaries or the society of actuaries and has experience in establishing rates for health maintenance organizations and who has no financial or employment interest in the health maintenance organization.
(26)(27) 'Quality assurance' means an ongoing program designed to objectively and systematically monitor and evaluate the quality and appropriateness of the enrollee's care, pursue opportunities to improve the enrollee's care and to resolve identified problems at the prevailing professional standard of care.
(27)(28) 'Utilization management' means a system for the evaluation of the necessity, appropriateness and efficiency of the use of health care services, procedure and facilities.
§33-25A-5. Powers of health maintenance organizations.
(a) Upon obtaining a certificate of authority as required under this article, a health maintenance organization may enter into health maintenance contracts in this state and engage in any activities, consistent with the purposes and provisions of this article, which are necessary to the performance of its obligations under such contracts, subject to the limitations provided for in this article. A health maintenance organization may offer to its enrollees in conjunction with the benefits provided to them through their contractual arrangement for health services with the health maintenance organization a point of service option to be provided either by the health maintenance organization directly or by an insurance carrier licensed in this state with which the health maintenance organization has a contractual arrangement. Benefits for health care services within the health maintenance organization's contracted provider panel shall comply with all other provisions of this article. The commissioner may promulgate rules and regulations limiting or regulating the powers of health maintenance organizations which he finds to be in the public interest.
(b) The commissioner shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code limiting or regulating the powers of health maintenance organizations which the commissioner finds to be in the public interest. The commissioner may promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code to implement standards and requirements for a point of service option."
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 351), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Brown, Paxton and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 483) passed.
On motion of Delegate Miley, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 483 - "A Bill to amend and reenact §33-25A-5 and §33-25A-5 of the Code of West Virginia, 1931, as amended, relating to health maintenance organizations; authority to provide a point of service option; and authority for the Office of the Insurance Commissioner to develop standards for a point of service option by legislative and emergency rule."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegate Doyle announced that he was absent on the vote was taken on Com. Sub. for S. B. 435, (Roll No. 345)
Relating to speed-detecting device use law , and that had he been present, he would have voted "Yea" thereon.
Delegate Hatfield announced that she was absent when the vote was taken on Com. Sub. for H. B. 2773, (Roll No. 325) Increasing the monetary penalties for selling tobacco products to minors, and that had she been present, she would have voted "Yea" thereon.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
H. B. 4177, Dedicating five percent of coal severance tax to the county of origin.
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators Fanning, White and K. Facemyer.
On motion of Delegate Boggs, the House of Delegates agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Kominar, Eldridge and Walters.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of five from each house on the disagreeing votes of the two houses as to
H. B. 4593, Relating to high school graduation improvement.
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators Prezioso, Edgell, White, Boley and Guills.
On motion of Delegate Boggs, the House of Delegates agreed to the appointment of a Committee of Conference of five from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates M. Poling, Paxton, Stowers, Perry and Duke.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
Com. Sub. for S. B. 230, Relating to Board of Optometry.
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators Bowman, Kessler and K. Facemyer.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
Com. Sub. for S. B. 480, Relating to public higher education personnel.
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators Plymale, Laird and Guills.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendments of the House of Delegates and the passage, as amended, of
Com. Sub. for S. B. 183, Creating Diesel-Powered Motor Vehicle Idling Act,
Com Sub. for S. B. 496, Allowing Environmental Protection Council certain rule-making authority,
Com. Sub. for S. B. 507, Creating WV Innovative Mine Safety Technology Tax Credit Act,
Com. Sub. for S. B. 515, Relating to firearms' purchases and licensing,
Com. Sub. for S. B. 614, Relating to PSC approval of high voltage transmission line construction,
And,
S. B. 648, Repealing outdated and obsolete sections of education code.
Special Calendar

Third Reading

Com. Sub. for S. B. 518, Creating Governor's Commission to Seize Future of Energy for America; on third reading, coming up in regular order, with an amendment pending and the further right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, 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:
"That §5B-2F-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted, to read as follows:
ARTICLE 2F. DIVISION OF ENERGY.
.
§5B-2F-2. Purpose; office of Director for Energy Development; director to be member of Public Energy Authority; division to develop energy policy and development plan; contents of energy policy and development plan; and division to promote energy initiatives.

(a) Effective July 1, 2007, the Division of Energy is created as a state agency under the Department of Commerce. The division may receive federal funds. The division shall be administered by a director, who shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall continue to serve until his or her successor is appointed and qualified as provided. The director shall be selected with special preference and consideration given to his or her training, experience, capacity and interest in energy policy and development activities.
(b) Creation of the division is intended to provide leadership for developing energy policies emphasizing the increased efficiency of energy use, the increased development and production of new and existing domestic energy sources, the increased awareness of energy use on the environment and the economy, dependable, efficient and economical statewide energy systems capable of supporting the needs of the state, increased energy self-sufficiency where the ratio of indigenous to imported energy use is increased, reduce the ratio energy consumption to economic activity and maintain low-cost energy. The energy policies and development plans shall also provide direction for the private sector.
(c) The director shall administer the daily operations of the Public Energy Authority provided under the provisions of chapter five-d of this code. The director shall also have authority over the Office of Coalfield Community Development, created by the provisions of article two-a of this chapter, and the energy efficiency program existing under the West Virginia Development Office which are hereby transferred to the division. The director shall effectuate coordination of these entities relative to the purposes provided in this article.
(d) The division shall develop an energy policy and shall report the same back to the Governor and the Joint Committee on Government and Finance before December 1, 2007. The energy policy shall be a five-year plan setting forth the state's energy policies and shall provide a direction for the private sector. Prior to the expiration of the energy policy, the division shall begin review of the policy and submit a revised energy policy to the Governor and the Joint Committee on Government and Finance six months before the expiration of the policy.
(e) The director shall be a member of the Public Energy Authority and as such shall attend and participate in all official meetings and public hearings conducted under the auspices of the authority.
(f) The division shall prepare and submit an annual energy development plan to the Governor and the Joint Committee on Government and Finance on or before December 1, of each year. The development plan shall relate to the division's implementation of the energy policy and the activities of the division during the previous year. The development plan shall include any recommended legislation. The Public Energy Authority, the Office of Coalfield Community Development, the energy efficiency program, the Department of Environmental Protection and the Public Service Commission, in addition to their other duties prescribed by this code, shall assist the division and the director in the development of an energy policy and related development plans. The energy development plan shall set forth the plans for implementing the state's energy policy and shall provide a direction for the private sector. The energy development plan shall recognize the powers of the Public Energy Authority as to development and financing of projects under its jurisdiction and shall make such recommendations as are reasonable and practicable for the exercise of such powers.
(g) The division shall hold public hearings and meetings with notice to receive public input regarding proposed energy policies and development plans. The energy policy and development plans required by subsections (d) and (f) of this section shall address increased efficiency of energy use, traditional and alternative energy, water as a resource and a component of energy production, energy distribution systems, the siting of energy facilities, the increased development and production of new and existing domestic energy sources, increased awareness of energy use on the environment and the economy, energy infrastructure, the development and implementation of renewable, clean, technically innovative and advanced energy projects in this state. Projects may include, without limitation, solar and wind energy, low-impact hydro power, geothermal, biomass, landfill gas, fuel cells, renewable hydrogen fuel technologies, waste coal, coal mine methane, coal gasification to ultraclean fuels, solid waste to fuel grade ethanol and coal liquefaction technologies.
(h) The division may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code designed to implement an energy policy and development plan in accordance with the provisions of this chapter.
(i) The energy policy and development plans required by subsections (d) and (f) of this section shall identify and report on the energy infrastructure in this state and include without limitation energy infrastructure related to protecting the state's essential data, information systems and critical government services in times of emergency, inoperativeness or disaster. In consultation with the Director of the Division of Homeland Security and Emergency Management, the director of the division shall encourage the development of energy infrastructure and strategic resources that will ensure the continuity of governmental operations in situations of emergency, inoperativeness or disaster.
(j) In preparing or revising the energy policy and development plan, the division may rely upon internal staff reports or the advice of outside advisors or consultants and may procure such services with the consent of the Secretary of Commerce. The division may also involve national, state and local government leadership and energy experts.
(k) The division shall prepare an energy use database, including without limitation, end-use applications and infrastructure needs for different classes of energy users including residential, commercial and industrial users, data regarding the interdependencies and sources of electricity, oil, coal, water and gas infrastructure, data regarding energy use of schools and state-owned facilities and collect data on the impact of the energy policy and development plan on the decisions and strategies of energy users of the state.
(l) The division shall promote collaboration between the state's universities and colleges, private industry and nonprofit organizations to encourage energy research and leverage available federal energy research and development resources.
(m) The division shall promote initiatives to enhance the nation's energy security through research and development directed at transforming the state's energy resources into the resources that fuel the nation.
(n) The Performance Evaluation and Research Division of the Legislative Auditor's office shall perform an agency review of the Division of Energy in 2010 as part of its review of the Department of Commerce as set forth in article four, chapter ten of this code.
(o) The division shall work with the President of the United States and his or her administration to develop a plan that would allow West Virginia to become the leader in transitioning the United States to a new energy future.
(p) The division is to determine the best way for West Virginia to utilize its resources and any federal funding to develop the technologies that are necessary for such a transition.
(q) The division is to clearly articulate West Virginia's position on an energy solution for the United States that encompasses clean coal, natural gas, transtech energy technologies and renewable energy technologies.
(r) The division shall develop and distribute an informational program and policies that emphasize the importance of West Virginia energy resources and their positive impact on the eastern seaboard and the nation.
(s) The division shall monitor legal challenges to the energy industries in the state and submit a report quarterly to the Joint Committee on Government and Finance. The report shall contain information relating to any litigation that challenges any statute that could affect the production, distribution and utilization of natural resources of the state.
"
There being no further amendments, the bill was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 352), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Brown and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 518) 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. 518
- "A Bill to amend and reenact §5B-2F-2 of the Code of West Virginia, 1931, as amended, relating to the duties of the Division of Energy and the Office of the Director for Energy Development."
Delegate Boggs moved that the bill take effect July 1, 2010.
On this question, the yeas and nays were taken (Roll No. 353), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Brown and Ross.
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. 518) takes effect July 1, 2010.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 698, Relating to mini-trucks' registration and certificate of title requirements; on third reading, coming up in regular order, with an amendment pending and the further right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page four, section two, line forty, following the word "persons", by striking out the remainder of the paragraph and in lieu thereof, inserting a period and the following language:
"For the purposes of this section, mini-truck means a foreign-manufactured import or domestic-manufactured vehicle designed primarily for off-road use and powered by an engine ranging in size from 550cc to 660cc and weighing approximately one thousand eight hundred pounds" and a semicolon.
And,
On page seven, section two, line one hundred one, following the words "all-terrain vehicles" by adding a comma and the words "utility terrain vehicle".
On motion of Delegate Miley, the bill was amended on page on page five, section two, line seventy-seven, after the word "property" and the period inserting the following:
"Nothing in this section or any rule promulgated under the authority of chapter twenty-nine-a of this code may be construed to require any applicant for a renewal of a farm use exemption certificate to appear personally before any assessor."
There being no further amendments, the bill was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 354), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Brown and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 698) passed.
On motion of Delegate Miley, the title of the bill was amended to read as follows:
S. B. 698 - "A Bill to amend and reenact §17A-3-2 of the Code of West Virginia, 1931, as amended, relating to motor vehicle registration requirements; adding an exemption from registration and certificate of title requirements for mini-trucks used for agricultural or horticultural purposes; increasing the distance for transporting fixtures attached to implements of husbandry; providing that an applicant for a farm use exemption certificate may not be required to appear before any assessor for renewal; and adding utility terrain vehicles to the list of recreational vehicles exempt from registration requirements."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 664, Relating to duties of protected person's guardian; on third reading, coming up in regular order, with an amendment pending and the further right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 3. GUARDIANSHIP AND CONSERVATORSHIP ADMINISTRATION.
§44A-3-1. Duties of guardian of protected person.
A (a) The guardian of a protected person owes a fiduciary duty to the protected person and shall be is responsible for obtaining provision for and making decisions with respect to the protected person's support, care, health, habilitation, education, therapeutic treatment, social interactions with visiting friends and family, and, if not inconsistent with an order of commitment or custody, to determine the protected person's residence.
(b) A guardian shall maintain sufficient contact of not less than once very six months with the protected person to know of the protected person's capabilities, limitations, needs, and opportunities. and such contact shall not be less frequent than one visit every six months.
(c) A guardian shall be required to seek prior court authorization to change the protected person's residence to another state, to terminate or consent to a termination of the protected person's parental rights, to initiate a change in the protected person's marital status, to deviate from a protected person's living will or medical power of attorney, or to revoke or amend a durable power of attorney executed by the protected person.
(d) A guardian shall exercise authority only to the extent necessitated by the protected person's limitations, and, where feasible, shall encourage the protected person to participate in decisions, to act on his or her own behalf, and to develop or regain the capacity to manage personal affairs.
(e) A guardian shall, to the extent known, consider the express desires and personal values of the protected person when making decisions, and shall otherwise act in the protected person's best interests and exercise reasonable care, diligence, and prudence.
(f) Upon the petition of an interested party or upon its own motion, the court or Mental Hygiene Commissioner may order the guardian to take appropriate action to address the needs and best interests of the protected person as required by this section.
§44A-3-2. Reports by guardian of protected person.
(a) Any guardian appointed pursuant to the provisions of this chapter shall file periodic reports, in accordance with section eleven of this article including:
(a) The guardian's report shall include:
(1) A description of the current mental, physical, and social condition of the protected person;
(2) A description of the protected person's living arrangements during the reported period;
(3) The medical, educational, vocational, and other professional services provided to the protected person and the guardian's opinion as to the adequacy of the protected person's care;
(4) A summary of the guardian's visits with the protected person, the guardian's social interactions with the protected persons, the guardian's efforts and activities on behalf of the protected person, including the guardian's efforts facilitating on behalf of the protected person social interactions with visiting friends and families, and the guardian's efforts facilitating the protected person engagement in social activities; and the activities on behalf of the protected person;
(5) A statement of whether the guardian agrees with the current treatment or habilitation plan;
(6) A recommendation as to the need for continued guardianship and any recommended changes in the scope of the guardianship;
(7) Any other information requested by the court or useful in the opinion of the guardian;
(8) The compensation requested and the reasonable and necessary expenses incurred by the guardian; and
(9) A verification signed by the guardian stating that all of the information contained in the report is true and correct to the best of his or her knowledge.
(b) The court may order the guardian to attend a hearing on the report by motion of the court or Mental Hygiene Commissioner, or upon the petition of any interested person. A report of the guardian may be incorporated into and made a part of the accounting of the conservator."
On motion of Delegate Miley, the House Judiciary Committee Amendment was amended on page one, section one, line seven, immediately following the word "with", by striking out the word "visiting",
And,
On page three, section two, line seven, immediately following the word "with" by striking out the word "visiting".
The Judiciary Committee amendment, as amended, was then adopted.
There being no further amendments, the bill was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 355), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Argento and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 664) passed.
On motion of Delegate Miley, the title of the bill was amended to read as follows:
S. B. 664 - "A Bill to amend and reenact §44A-3-1 and §44A-3-2 of the Code of West Virginia, 1931, as amended, all relating to the duties and reports of the guardian of a protected person; providing that the guardian owes a fiduciary duty to act in the best interests of the protected person; requiring the guardian to make provision for social interactions between the protected person and the protected person's friends and family; requiring the periodic guardian reports to include a summary of the guardian's efforts and activities on behalf of the protected person; and including the guardian's efforts to facilitate the protected persons involvement in social activities and social interaction with friends and family as a part of the guardian's periodic reports."
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. 669, Allowing municipalities to operate teen courts; on third reading, coming up in regular order, with an amendment pending and the further right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"That §49-5-11 and §49-5-13d of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5. JUVENILE PROCEEDINGS.
§49-5-11. Adjudication for alleged status offenders and delinquents; mandatory initial disposition of status offenders.

At the outset of an adjudicatory hearing, the court shall inquire of the juvenile whether he or she wishes to admit or deny the allegations in the petition. The juvenile may elect to stand mute, in which event the court shall enter a general denial of all allegations in the petition.
(a) If the respondent juvenile admits the allegations of the petition, the court shall consider the admission to be proof of the allegations if the court finds: (1) The respondent fully understands all of his or her rights under this article; (2) the respondent voluntarily, intelligently and knowingly admits all facts requisite for an adjudication; and (3) the respondent in his or her admission has not set forth facts which constitute a defense to the allegations.
(b) If the respondent juvenile denies the allegations, the court shall dispose of all pretrial motions and the court or jury shall proceed to hear evidence.
(c) If the allegations in a petition alleging that the juvenile is delinquent are admitted or are sustained by proof beyond a reasonable doubt, the court shall schedule the matter for disposition pursuant to section thirteen of this article.
(d) If the allegations in a petition alleging that the juvenile is a status offender are admitted or sustained by clear and convincing proof, the court shall refer the juvenile to the department of health and human resources for services, pursuant to section eleven-a of this article and order the department to report back to the court with regard to the juvenile's progress at least every ninety days or until the court, upon motion or sua sponte, orders further disposition under section eleven-a of this article or dismisses the case from its docket: Provided, That in a judicial circuit operating its own truancy program, a circuit judge may in lieu of referring truant juveniles to the department, order that the juveniles be supervised by his or her probation office.
(e) If the allegations in a petition are not sustained by proof as provided in subsections (c) and (d) of this section, the petition shall be dismissed and the juvenile shall be discharged if he or she is in custody.
(f) Findings of fact and conclusions of law addressed to all allegations in the petition shall be stated on the record or reduced to writing and filed with the record or incorporated into the order of the court.
§49-5-13d. Teen court program.
(a) Notwithstanding any provision of this article to the contrary, in any county or municipality that chooses to institute a teen court program in accordance with the provisions of this section, any juvenile who is alleged to have committed a status offense or an act of delinquency which would be a misdemeanor if committed by an adult or in the case of a violation of a municipal ordinance, an offense over which municipal courts have concurrent jurisdiction, and who is otherwise subject to the provisions of this article may be given the option of proceeding in the teen court program as an alternative to the filing of a formal petition under section seven of this article or proceeding to a disposition as provided by section eleven-a or thirteen of this article, as the case may be. The decision to extend the option to enter the teen court program as an alternative procedure shall be made by the circuit or municipal court if the court finds that the offender is a suitable candidate for the program. No juvenile may enter the teen court program unless he or she and his or her parent or guardian consent. Any juvenile who does not successfully cooperate in and complete the teen court program and any disposition imposed therein shall be returned to the circuit court for further disposition as provided by section eleven-a or thirteen of this article, as the case may be or return to a municipal court for further disposition for cases originating in circuit court consistent with any applicable ordinance.
(b) The following provisions apply to all teen court programs:
(1) The judge for each teen court proceeding shall be an acting or retired circuit court judge or an active member of the West Virginia State Bar, who serves on a voluntary basis.
(2) Any juvenile who selects the teen court program as an alternative disposition shall agree to serve thereafter on at least two occasions as a teen court juror.
(3) Volunteer students from grades seven through twelve of the schools within the county shall be selected to serve as defense attorney, prosecuting attorney, court clerk, bailiff and jurors for each proceeding.
(4) Disposition in a teen court proceeding shall consist of requiring the juvenile to perform sixteen to forty hours of community service, the duration and type of which shall be determined by the teen court jury from a standard list of available community service programs provided by the county juvenile probation system and a standard list of alternative consequences that are consistent with the purposes of this article. The performance of the juvenile shall be monitored by the county juvenile probation system for cases originating in the circuit court's jurisdiction, or municipal teen court coordinator or other designee for cases originating in the municipal court's jurisdiction. The juvenile shall also perform at least two sessions of teen court jury service and, if considered appropriate by the circuit court judge or teen court judge, participate in an education program. Nothing in this section may be construed so as to deny availability of the services provided under section eleven-a of this article to juveniles who are otherwise eligible therefor for such service.
(c) The rules for administration, procedure and admission of evidence shall be determined by the chief circuit judge or teen court judge, but in no case may the court require a juvenile to admit the allegation against him or her as a prerequisite to participation in the teen court program. A copy of these rules shall be provided to every teen court participant.
(d) Each county or municipality that operates, or wishes to operate, a teen court program as provided in this section is hereby authorized to adopt a mandatory fee of up to five dollars to be assessed as provided in this subsection. Municipal courts may assess a fee pursuant to the provisions of this section upon authorization by the city council of said the municipality. Assessments collected by the clerk of the court pursuant to this subsection shall be deposited into an account specifically for the operation and administration of a teen court program. The clerk of the court of conviction shall collect the fees established in this subsection and shall remit the fees to the teen court program.
Any mandatory fee established by a county commission or city council in accordance with the provisions of this subsection shall be paid by the defendant on a judgment of guilty or a plea of nolo contendere for each violation committed in the county or municipality of any felony, misdemeanor or any local ordinance, including traffic violations and moving violations but excluding municipal parking ordinances. Municipalities operating teen courts are authorized to use fees assessed in municipal court pursuant to this subsection for operation of a teen court in their municipality."
There being no further amendments, the bill was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 356), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Porter and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 669) passed.
On motion of Delegate Miley, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 669 - "A Bill to amend and reenact §49-5-11 and §49-5-13d of the Code of West Virginia, 1931, as amended, all relating to juvenile proceedings; providing circuit court judges the option to refer truant juveniles to be supervised by his or her probation office in judicial circuits that operate a truancy program; allowing municipalities to operate teen courts; clarifying jurisdiction and procedures for teen courts; authorizing the establishment additional mandatory municipal court fees to support a municipal teen court; and providing for supervision of juveniles referred by teen courts."
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 357), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Porter and Ross.
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. 669) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 169, Relating to Economic Development Authority loans' criteria; on third reading, coming up in regular order, with an amendment pending and the further right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page twelve, section four, line ninety-four, following the word "operation" and the period, by striking out the remainder of the bill and inserting in lieu thereof the following:
"§31-15-12b. Tourism projects; criteria for loans.
Notwithstanding any other provision of this article to the contrary, in developing criteria for loans to a tourism project under this article, the authority shall consider many factors including, but not limited to, whether any specific number of jobs are or will be created by the project, whether any existing jobs or jobs to be created by the project are to meet any specific compensation levels, or whether any existing jobs or jobs to be created by the project provide any specific employee benefits:
Provided, That no tourism project may be denied a loan for the sole reason that a specific number of jobs will not be created by the project or that existing jobs or jobs to be created by the project will not meet specific compensation levels or offer any specific employee benefits. Any criteria for a loan application for a tourism project under this article shall include a requirement that the applicant provide a jobs impact statement with information as required by the authority".
There being no further amendments, the bill was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 358), and there were--yeas 82, nays 15, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Border, Carmichael, Cowles, Duke, Ireland, McGeehan, C. Miller, J. Miller, Overington, Porter, Reynolds, Shott, Sobonya and Walters.
Absent And Not Voting: Argento, Ross and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 169) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 169 - "A Bill to amend and reenact §31-15-2 and §31-15-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §31-15-12b, all relating to the West Virginia Economic Development Authority; adding legislative findings; defining terms; and providing requirements for loan criteria for loans to tourism projects."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 573, Allowing audits published electronically with notice to proper authorities; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
There being no amendments, the bill was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 359), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Argento and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 573) 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. 70, Relating to municipalities and counties issuing bonds; on third reading, coming up in regular order, with an amendment pending and the further right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page one, after the enacting clause, by striking out the remainder of the bill in its entirety and inserting in lieu thereof the following:
"That §11-8-6e of the Code of West Virginia, 1931, as amended, be amended and reenacted, to read as follows:
ARTICLE 8. LEVIES.
§11-8-6e. Effect on regular levy rate when appraisal results in tax increase; public hearings.

(a) Notwithstanding any other provision of law, where any annual appraisal, triennial appraisal or general valuation of property would produce an assessment that would cause an increase of one percent or more in the total projected property tax revenues that would be realized were the then current regular levy rates by the county commission and the municipalities to be imposed, the rate of levy shall be reduced proportionately as between the county commission and the municipalities and for all classes of property for the forthcoming tax year so as to cause such rate of levy to produce no more than one hundred one percent of the previous year's projected property tax revenues from extending the county commission and municipality levy rates, unless there has been compliance with subsection (c) of this section.
An additional appraisal or valuation due to new construction or improvements to existing real property, including beginning recovery of natural resources, and newly acquired personal property shall not be an annual appraisal or general valuation within the meaning of this section, nor shall the assessed value of such improvements be included in calculating the new tax levy for purposes of this section. Special levies shall not be included in the reduced levy calculation set forth in subsection (b) of this section.
(b) The reduced rates of levy shall be calculated in the following manner:
(1) The total assessed value of each class of property as it is defined by section five, article eight of this chapter for the assessment period just concluded shall be reduced by deducting the total assessed value of newly created properties not assessed in the previous year's tax book for each class of property;
(2) The resulting net assessed value of Class I property shall be multiplied by .01; the value of Class II by .02; and the values of Class III and IV, each by .04;
(3) Total the current year's property tax revenue resulting from regular levies for each county commission and municipality and multiply the resulting sum by one hundred one percent: Provided, That the one hundred one percent figure shall be increased by the amount the county's or municipality's increased levy provided for in subsection (b), section eight, article one-c of this chapter;
(4) Divide the total regular levy tax revenues, thus increased in subdivision (3) of this subsection, by the total weighted net assessed value as calculated in subdivision (2) of this subsection and multiply the resulting product by one hundred; the resulting number is the Class I regular levy rate, stated as cents-per-one hundred dollars of assessed value;
(5) The Class II rate is two times the Class I rate; Classes III and IV, four times the Class I rate as calculated in the preceding subdivision.
(c) The governing body of a county or municipality may, after conducting a public hearing, which may be held at the same time and place as the annual budget hearing, increase the rate above the reduced rate required in this section if any such increase is deemed to be necessary by such governing body: Provided, That in no event shall the governing body of a county or municipality increase the rate above the reduced rate required by subsection (b) of this section for any single year in a manner which would cause total property tax revenues accruing to the governing body of the county or municipality, excepting additional revenue attributable to assessed valuations of newly created properties not assessed in the previous year's tax book for each class of property, to exceed by more than ten percent those property tax revenues received by the governing body of the county or municipality for the next preceding year: Provided, however, That this provision shall not restrict the ability of a county or municipality to enact excess levies as authorized under existing statutory or constitutional provisions: Provided further, That this provision does not restrict the ability of a county or municipality to issue bonds and enact sufficient levies to pay for such bonds pursuant to article one, chapter thirteen of this code when such issuance has been approved by an election administered pursuant to that article.
Notice of the public hearing and the meeting in which the levy rate shall be on the agenda shall be given at least seven days before the date for each public hearing by the publication of a notice in at least one newspaper of general circulation in such county or municipality: Provided, That a Class IV town or village as defined in section two, article one, chapter eight of this code, in lieu of the publication notice required by this subsection, may post no less than four notices of each public hearing, which posted notices shall contain the information required by the publication notice and which shall be in available, visible locations including the town hall. The notice shall be at least the size of one-eighth page of a standard size newspaper or one-fourth page of a tabloid-size newspaper and the headline in the advertisement shall be in a type no smaller than twenty-four point. The publication notice shall be placed outside that portion, if any, of the newspaper reserved for legal notices and classified advertisements and shall also be published as a Class II-O legal advertisement in accordance with the provisions of article three, chapter fifty-nine of this code. The publication area is the county. The notice shall be in the following form and contain the following information, in addition to such other information as the local governing body may elect to include:
NOTICE OF PROPOSED TAX INCREASE.

The (name of the county or municipality) proposes to increase property tax levies.
1. Appraisal/Assessment Increase: Total assessed value of property, excluding additional assessments due to new or improved property, exceeds last year's total assessed value of property by ..... percent.
2. Lowered Rate Necessary to Offset Increased Assessment: The tax rate which would levy the same amount of property tax as last year, when multiplied by the new total assessed value of property with the exclusions mentioned above, would be $..... per $100 of assessed value for Class I property, $..... per $100 of assessed value for Class II property, $..... per $100 of assessed value for Class III and $..... per $100 of assessed value for Class IV property. These rates will be known as the 'lowered tax rates'.
3. Effective Rate Increase: The (name of the county or municipality) proposes to adopt a tax rate of $..... per $100 of assessed value for Class I property, $..... per $100 of assessed value for Class II property, $..... per $100 of assessed value for Class III property and $..... per $100 of assessed value for Class IV property. The difference between the lowered tax rates and the proposed rates would be $..... per $100, or ..... percent for Class I; $..... per $100, or ..... percent for Class II; $..... per $100, or ..... percent for Class III and $..... per $100, or ..... percent for Class IV. These differences will be known as the 'effective tax rate increases'.
Individual property taxes may, however, increase at a percentage greater than or less than the above percentage.
4. Revenue produced last year: $.....
5. Revenue projected under the effective rate increases: $.....
6. Revenue projected from new property or improvements: $.....
7. General areas in which new revenue is to be allocated: A public hearing on the increases will be held on (date and time) at (meeting place). A decision regarding the rate increase will be made on (date and time) at (meeting place).
(d) All hearings are open to the public. The governing body shall permit persons desiring to be heard an opportunity to present oral testimony within such reasonable time limits as are determined by the governing body.
(e) This section shall be effective as to any regular levy rate imposed by the county commission or a municipality for taxes due and payable on or after July 1, 1991. If any provision of this section is held invalid, such the invalidity shall does not affect other provisions or applications of this section which can be given effect without the invalid provision or its application and to this end the provisions of this section are declared to be severable."
There being no further amendments, the bill was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 360), and there were--yeas 75, nays 23, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Ashley, Azinger, Blair, Border, Cowles, Duke, Ellem, Ireland, Lane, Louisos, McGeehan, J. Miller, Overington, Porter, Schadler, Schoen, Shott, Sobonya, Sumner, Susman and Walters.
Absent And Not Voting: Argento and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 70) 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. 70 - "A Bill to amend and reenact §11-8-6e of the Code of West Virginia, 1931, as amended, relating to tile clarification in the code that a municipality or county issuing bonds approved by an election pursuant to article one, chapter thirteen of said code is not subject to the restriction described in subsection (c), section six-e, article eight, chapter eleven of said code."
Delegate Boggs moved that the bill take effect July 1, 2010.
On this question, the yeas and nays were taken (Roll No. 361), and there were--yeas 85, nays 13, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Cowles, Duke, Ellem, Ireland, Louisos, McGeehan, J. Miller, Porter, Schadler, Schoen, Shott, Sobonya and Sumner.
Absent And Not Voting: Argento and Ross.
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. 70) takes effect July 1, 2010.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 41, Relating to community enhancement districts; on third reading, coming up in regular order, with an amendment pending, was, at the request of Delegate Boggs, and by unanimous consent, placed at the foot of the calendar.
Com. Sub. for S. B. 422, Limiting liability for nonhealth care provider defibrillator users; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
There being no amendments, the bill was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 362), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: McGeehan.
Absent And Not Voting: Argento and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 422) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegate Paxton announced that he was absent the vote was taken on S. B. 483, Authorizing HMOs offer point of service option, and that had he been present, he would have voted "Yea" thereon.
Delegate Porter announced that he was absent when the vote was taken on S. B. 669, Allowing municipalities to operate teen courts, and that had he been present, he would have voted "Yea" thereon.
Delegate Brown announced that she was absent when the votes were taken on Roll Nos. 350 through 354, and that had she been present, she would have voted "Yea" thereon.
At 12:34 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 3:00 p.m, and reconvened at that time.
* * * * * * *

Afternoon Session

* * * * * * *

Reordering of the Calendar

Delegate
Boggs announced that the Committee on Rules had transferred S. B. 122, S. B. 350, Com. Sub. for S. B. 401, Com. Sub. for S. B. 462, S. B. 511. S. B. 512, S. B. 519, S. B. 574, Com. Sub. for S. B. 624, S. B. 627and S. B. 633, on third reading, House Calendar, to the Special Calendar.
Special Calendar

Third Reading

Com. Sub. for S. B. 401, Relating to ad valorem property taxes; on third reading, coming up in regular order, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page five, section one, line thirteen, following the words "arrived at by", by inserting the word "also".
On page ten, section two-a, line twenty-four, following the words "valuation in", by striking out the words "any one or more districts tax district" and inserting in lieu thereof the words "one or more of the tax districts".
On page seventeen, section twelve, following line forty-eight, by striking out subsection (c) in its entirety.
On page twenty-two, section fifteen-a, line six, following the words "the report required", by striking out the words "of partnerships".
On page forty-nine, section twenty-four-b, line sixty-one, following the words "a valuation matter", by inserting the words "that arose".
On page fifty, section twenty-four-b, line sixty-two, following the words "property books", by striking out the words "are before the board for" and inserting in lieu thereof the words "were before the board of".
On page fifty, section twenty-four-b, beginning on line seventy-five, following the words "natural resources property" and the period, by striking out the words "The assessor shall make a correction in the property books for the next assessment year in accordance with the order" and the period.
On page sixty, section thirty-two, line three, following the words "on or after", by striking out the word "January" and inserting in lieu thereof the word "July".
And,
On page seventy-three, section seven, line two, following the words "effective for the", by striking out the remainder of the sentence and inserting in lieu thereof the words "assessment years and the tax years beginning on or after July 1, 2011".
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
H. B. 4207, Making it unlawful to send obscene, anonymous, harassing and threatening communications by computer, mobile phone, personal digital assistant or other mobile device. The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators Browning, Laird and Barnes.
On motion of Delegate Boggs, the House of Delegates agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Moore, Barker and Ellem.
Third Reading

Com. Sub. for S. B. 401, Relating to ad valorem property taxes; on third reading, was again reported by the Clerk.
There being no further amendments, the bill was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 363), and there were--yeas 93, nays 2, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Hall and Phillips.
Absent And Not Voting: Argento, Azinger, Cann, Hutchins and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 401) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegate Azinger announced that he was absent when the vote was taken on Roll Nos. 363, and that had he been present, he would have voted "Yea" thereon.
S. B. 350, Recategorizing recycled energy as renewable energy resource; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
There being no amendments, the bill was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 364), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: McGeehan.
Absent And Not Voting: Argento, Cann, Hutchins, Moore and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 350) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 350 - "A Bill to amend and reenact §24-2F-3 of the Code of West Virginia, 1931, as amended, relating to definitions used in the alternative and renewable energy portfolio standard; recategorizing recycled energy as a renewable energy resource for the purposes of purchasing energy resource credits; and removing restriction that ethanol be produced from sources other than corn in order to be a renewable energy resource."
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. 238, Relating to mineral rights' benefits; 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. 365), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Cann, Hutchins and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 238) 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. 610, Extending statutory exemption to certain out-of-school time programs; 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. 366), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Walters.
Absent And Not Voting: Argento, Cann, Hutchins and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 610) passed.
An amendment to the title of the bill, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 610 - "A Bill to amend and reenact §49-2B-3 of the Code of West Virginia, 1931, as amended, relating to child care services; providing requirements for out-of-school time programs; exempting certain programs; requiring registration of certain programs; requiring licensed or registered child care centers to have an annually updated written plan for evacuation in the event of an emergency; providing for plan requirements; providing for plan distribution and availability requirements; and making the evacuation plan a point of investigation before a new license is received."
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. 449, Relating to PEIA preexisting conditions limitations; 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. 367), and there were--yeas 86, nays 10, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Andes, Blair, Border, Ellem, McGeehan, J. Miller, Overington, Schoen, Shott and Walters.
Absent And Not Voting: Argento, Cann, Hutchins and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 449) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 449 - "A Bill to amend and reenact §5-16-17 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Public Employees Insurance Act generally; clarifying the definition of pre-existing condition; and providing instances in which participants may enroll or make plan selections."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 453, Providing State Register subscribers electronic format option; 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. 368), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Cann, Hutchins and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 453) 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. 465, Relating to utility service disconnection; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.
An amendment, recommended by the Committee on the Judiciary, 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 language:
"That §8-19-12a of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §8-20-10 of said code be amended and reenacted; that §16-13-16 of said code be amended and reenacted; that §16-13A-9 of said code be amended and reenacted; and that §24-3-10 of said code be amended and reenacted, all to read as follows:
CHAPTER 8. MUNICIPAL CORPORATIONS.

ARTICLE 19. MUNICIPAL AND COUNTY WATERWORKS AND ELECTRIC POWER SYSTEMS.

§8-19-12a. Deposit required for new customers; lien for delinquent service rates and charges; failure to cure delinquency; payment from deposit; reconnecting deposit; return of deposit; liens; civil actions; deferral of filing fees and costs in magistrate court action; limitations with respect to foreclosure.

(a)(1) Whenever any rates and charges for water services or facilities furnished remain unpaid for a period of twenty days after the same become due and payable, the property and the owner thereof, as well as the user of the services and facilities provided, shall be delinquent and the owner, user and property shall be held liable at law until such time as all such rates and charges are fully paid. When a payment has become delinquent, the municipality may utilize any funds held as a security deposit to satisfy the delinquent payment. All new applicants for service shall indicate to the municipality or governing body whether they are an owner or tenant with respect to the service location.
(2) The municipality or governing body, but only one of them, may collect from all new applicants for service a deposit of $50 or two twelfths of the average annual usage of the applicant's specific customer class, whichever is greater, to secure the payment of water service rates, fees and charges in the event they become delinquent as provided in this section. In any case where a deposit is forfeited to pay service rates, fees and charges which were delinquent and the user's service is disconnected or terminated, no reconnection or reinstatement of service may be made by the municipality or governing body until another deposit equal to $50 or a sum equal to two twelfths of the average usage for the applicant's specific customer class, whichever is greater, is remitted to the municipality or governing body. After twelve months of prompt payment history, the municipality or governing body shall return the deposit to the customer or credit the customer's account with interest at a rate as the Public Service Commission may prescribe: Provided, That where the customer is a tenant, the municipality or governing body is not required to return the deposit until the time the tenant discontinues service with the municipality or governing body. Whenever any rates, fees, rentals or charges for services or facilities furnished remain unpaid for a period of twenty days after the same become due and payable, the user of the services and facilities provided is delinquent and the user is liable at law until all rates, fees and charges are fully paid. The municipality or governing body may, under reasonable rules promulgated by the Public Service Commission, shut off and discontinue water services to a delinquent user of water facilities ten days after the water services become delinquent regardless of whether the municipality or governing body utilizes the security deposit to satisfy any delinquent payments: Provided further, That nothing contained within the rules of the Public Service Commission shall be deemed to require any agents or employees of the municipality or governing body to accept payment at the customer's premises in lieu of discontinuing service for a delinquent bill.
(b) All rates or charges for water service whenever delinquent shall be liens of equal dignity, rank and priority with the lien on such premises of state, county, school and municipal taxes for the amount thereof upon the real property served, and the municipality shall have plenary power and authority from time to time to enforce such lien in a civil action to recover the money due for such services rendered plus court fees and costs and a reasonable attorney's fee: Provided, That an owner of real property may not be held liable for the delinquent rates or charges for services or facilities of a tenant, nor shall any lien attach to real property for the reason of delinquent rates or charges for services or facilities of a tenant of such real property, unless the owner has contracted directly with the municipality to purchase such services or facilities.
(c) Municipalities are hereby granted a deferral of filing fees or other fees and costs incidental to the bringing and maintenance of an action in magistrate court for the collection of the delinquent rates and charges. If the municipality collects the delinquent account, plus fees and costs, from its customer or other responsible party, the municipality shall pay to the magistrate court the filing fees or other fees and costs which were previously deferred.
(d) No municipality may foreclose upon the premises served by it for delinquent rates or charges for which a lien is authorized by this section except through the bringing and maintenance of a civil action for such purpose brought in the circuit court of the county wherein the municipality lies. In every such action, the court shall be required to make a finding based upon the evidence and facts presented that the municipality had exhausted all other remedies for the collection of debts with respect to such delinquencies prior to the bringing of such action. In no event shall foreclosure procedures be instituted by any municipality or on its behalf unless such delinquency had been in existence or continued for a period of two years from the date of the first such delinquency for which foreclosure is being sought.
ARTICLE 20. COMBINED SYSTEMS.
§8-20-10. Power and authority of municipality to enact ordinances and make rules and fix rates, fees or charges; deposit required for new customers; change in rates, fees or charges; failure to cure delinquency; delinquent rates, discontinuance of service; reconnecting deposit; return of deposit; fees or charges as liens; civil action for recovery thereof; deferral of filing fees and costs in magistrate court action; limitations with respect to foreclosure.

(a)(1) The governing body of a municipality availing itself of the provisions of this article shall have plenary power and authority to make, enact and enforce all necessary rules for the repair, maintenance, operation and management of the combined system of the municipality and for the use thereof. The governing body of a municipality also has the plenary power and authority to make, enact and enforce all necessary rules and ordinances for the care and protection of any such system for the health, comfort and convenience of the public, to provide a clean water supply, to provide properly treated sewage insofar as it is reasonably possible to do and, if applicable, to properly collecting and controlling the stormwater as is reasonably possible to do: Provided, That no municipality may make, enact or enforce any rule, regulation or ordinance regulating any highways, road or drainage easements or storm water facilities constructed, owned or operated by the West Virginia Division of Highways.
(2) A municipality has the plenary power and authority to charge the users for the use and service of a combined system and to establish required deposits, rates, fees or charges for such purpose. Separate deposits, rates, fees or charges may be fixed for the water and sewer services respectively and, if applicable, the stormwater services, or combined rates, fees or for the combined water and sewer services, and, if applicable, the storm water services. Such deposits, rates, fees or charges, whether separate or combined, shall be sufficient at all times to pay the cost of repair, maintenance and operation of the combined system, provide an adequate reserve fund, an adequate depreciation fund and pay the principal and interest upon all revenue bonds issued under this article. Deposits, rates, fees or charges shall be established, revised and maintained by ordinance and become payable as the governing body may determine by ordinance. The rates, fees or charges shall be changed, from time to time, as necessary, consistent with the provisions of this article.
(3) All new applicants for service shall indicate to the municipality or governing body whether they are an owner or tenant with respect to the service location. An entity providing stormwater service shall provide a tenant a report of the stormwater fee charged for the entire property and, if appropriate, that portion of the fee to be assessed to the tenant.
(4) The municipality or governing body, but only one of them, may collect from all new applicants for service a deposit of $100 or two twelfths of the average annual usage of the applicant's specific customer class, whichever is greater, to secure the payment of water and sewage service rates, fees and charges in the event they become delinquent as provided in this section. In any case where a deposit is forfeited to pay service rates, fees and charges which were delinquent and the user's service is disconnected or terminated, service may not be reconnected or reinstated by the municipality or governing body until another deposit equal to $100 or a sum equal to two twelfths of the average usage for the applicant's specific customer class, whichever is greater, is remitted to the municipality or governing body. After twelve months of prompt payment history, the municipality or governing body shall return the deposit to the customer or credit the customer's account with interest at a rate to be set by the Public Service Commission: Provided, That where the customer is a tenant, the municipality or governing body is not required to return the deposit until the time the tenant discontinues service with the municipality governing body. Whenever any rates, fees, rentals or charges for services or facilities furnished remain unpaid for a period of twenty days after they become due, the user of the services and facilities provided is delinquent and the user is liable at law until all rates, fees and charges are fully paid. The municipality or governing body may terminate water services to a delinquent user of either water or sewage facilities, or both, ten days after the water or sewage services become delinquent regardless of whether the governing body utilizes the security deposit to satisfy any delinquent payments: Provided further, That any termination of water service must comply with all rules and orders of the Public Service Commission: Provided however, That nothing contained within the rules of the Public Service Commission shall be deemed to require any agents or employees of the municipality or governing body to accept payment at the customer's premises in lieu of discontinuing service for a delinquent bill.
(b) Whenever any rates, fees or charges for services or facilities furnished remain unpaid for a period of twenty days after they become due, the user of the services and facilities provided shall be delinquent and the municipality or governing body may apply any deposit against any delinquent fee. The user is liable until such time as all rates, fees and charges are fully paid.
(c) All rates, fees or charges for water service, sewer service and, if applicable, stormwater service, whenever delinquent, as provided by ordinance of the municipality, shall be liens of equal dignity, rank and priority with the lien on such premises of state, county, school and municipal taxes for the amount thereof upon the real property served. The municipality has the plenary power and authority to enforce such lien in a civil action to recover the money due for services rendered plus court fees and costs and reasonable attorney's fees: Provided, That an owner of real property may not be held liable for the delinquent rates, fees or charges for services or facilities of a tenant, nor shall any lien attach to real property for the reason of delinquent rates, fees or charges for services or facilities of a tenant of the real property, unless the owner has contracted directly with the municipality to purchase such services or facilities.
(d) Municipalities are hereby granted a deferral of filing fees or other fees and costs incidental to filing an action in magistrate court for collection of the delinquent rates and charges. If the municipality collects the delinquent account, plus fees and costs, from its customer or other responsible party, the municipality shall pay to the magistrate court the filing fees or other fees and costs which were previously deferred.
(e) No municipality may foreclose upon the premises served by it for delinquent rates, fees or charges for which a lien is authorized by this section except through a civil action in the circuit court of the county wherein the municipality lies. In every such action, the court shall be required to make a finding based upon the evidence and facts presented that the municipality has exhausted all other remedies for collection of debts with respect to such delinquencies prior to bringing the action. In no event shall foreclosure procedures be instituted by any municipality or on its behalf unless the delinquency has been in existence or continued for a period of two years from the date of the first delinquency for which foreclosure is being sought.
(f) Notwithstanding any other provision contained in this article, a municipality which has been designated by the Environmental Protection Agency as an entity to serve a West Virginia Separate Storm Sewer System community, as defined in 40 C.F.R. §122.26, has the authority to enact ordinances or regulations which allow for the issuance of orders, the right to enter properties and the right to impose reasonable fines and penalties regarding correction of violations of municipal stormwater ordinances or regulations within the municipal watershed served by the municipal stormwater system, as long as such rules, regulations, fines or acts are not contrary to any rules or orders of the Public Service Commission.
(g) Notice of a violation of a municipal stormwater ordinance or regulation shall be served in person to the alleged violator or by certified mail, return receipt requested. The notice shall state the nature of the violation, the potential penalty, the action required to correct the violation and the time limit for making the correction. Should a person, after receipt of proper notice, fail to correct violation of the municipal stormwater ordinance or regulation, the municipality may correct or have the corrections of the violation made and bring the party into compliance with the applicable stormwater ordinance or regulation. The municipality may collect the costs of correcting the violation from the person by instituting a civil action, as long as such actions are not contrary to any rules or orders of the Public Service Commission.
(h) A municipality which has been designated by the Environmental Protection Agency as an entity to serve a West Virginia Separate Storm Sewer System community shall prepare an annual report detailing the collection and expenditure of rates, fees or charges and make it available for public review at the place of business of the governing body and the stormwater utility main office.
CHAPTER 16. PUBLIC HEALTH.

ARTICLE 13. SEWAGE WORKS AND STORMWATER WORKS.
§16-13-16. Rates for service; deposit required for new customers; forfeiture of deposit; reconnecting deposit; tenant's deposit; change or readjustment; hearing; lien and recovery; discontinuance of services.

A governing body has the power and duty, by ordinance, to establish and maintain just and equitable rates, fees or charges for the use of and the service rendered by:
(a) Sewerage works, to be paid by the owner of each and every lot, parcel of real estate or building that is connected with and uses such works by or through any part of the sewerage system of the municipality or that in any way uses or is served by such works; and
(b) Stormwater works, to be paid by the owner of each and every lot, parcel of real estate or building that in any way uses or is served by such stormwater works or whose property is improved or protected by the stormwater works or any user of such stormwater works.
(c) The governing body may change and readjust such rates, fees or charges from time to time. However, no rates, fees or charges for stormwater services may be assessed against highways, road and drainage easements or stormwater facilities constructed, owned or operated by the West Virginia Division of Highways.
(d) All new applicants for service shall indicate to the governing body whether they are an owner or tenant with respect to the service location. An entity providing stormwater service shall provide a tenant a report of the stormwater fee charged for the entire property and, if appropriate, that portion of the fee to be assessed to the tenant.
(e) The governing body may collect from all new applicants for service a deposit of $50 or two twelfths of the average annual usage of the applicant's specific customer class, whichever is greater, to secure the payment of service rates, fees and charges in the event they become delinquent as provided in this section. In any case where a deposit is forfeited to pay service rates, fees and charges which were delinquent at the time of disconnection or termination of service, service may not be reconnected or reinstated by the governing body until another deposit equal to $50 or a sum equal to two twelfths of the average usage for the applicant's specific customer class, whichever is greater, is remitted to the governing body. After twelve months of prompt payment history, the governing body shall return the deposit to the customer or credit the customer's account with interest at a rate as the Public Service Commission may prescribe: Provided, That where the customer is a tenant, the governing body is not required to return the deposit until the time the tenant discontinues service with the governing body. Whenever any rates, fees, rentals or charges for services or facilities furnished remain unpaid for a period of twenty days after they become due, the user of the services and facilities provided is delinquent. The user is liable until all rates, fees and charges are fully paid. The governing body may, under reasonable rules promulgated by the Public Service Commission, shut off and discontinue water services to a delinquent user of sewer facilities ten days after the sewer services become delinquent regardless of whether the governing body utilizes the security deposit to satisfy any delinquent payments: Provided, however, That nothing contained within the rules of the Public Service Commission shall be deemed to require any agents or employees of the governing body to accept payment at the customer's premises in lieu of discontinuing service for a delinquent bill.
(f) Such rates, fees or charges shall be sufficient in each year for the payment of the proper and reasonable expense of operation, repair, replacements and maintenance of the works and for the payment of the sums herein required to be paid into the sinking fund. Revenues collected pursuant to this section shall be considered the revenues of the works.
(g) No such rates, fees or charges shall be established until after a public hearing, at which all the users of the works and owners of property served or to be served thereby and others interested shall have an opportunity to be heard concerning the proposed rates, fees or charges.
(h) After introduction of the ordinance fixing such rates, fees or charges, and before the same is finally enacted, notice of such hearing, setting forth the proposed schedule of rates, fees or charges, shall be given by publication as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for such publication shall be the municipality. The first publication shall be made at least ten days before the date fixed in the notice for the hearing.
(i) After the hearing, which may be adjourned, from time to time, the ordinance establishing rates, fees or charges, either as originally introduced or as modified and amended, shall be passed and put into effect. A copy of the schedule of the rates, fees and charges shall be kept on file in the office of the board having charge of the operation of such works, and also in the office of the clerk of the municipality, and shall be open to inspection by all parties interested. The rates, fees or charges established for any class of users or property served shall be extended to cover any additional premises thereafter served which fall within the same class, without the necessity of any hearing or notice.
(j) Any change or readjustment of such rates, fees or charges may be made in the same manner as the rates, fees or charges were originally established as hereinbefore provided: Provided, That if a change or readjustment be made substantially pro rata, as to all classes of service, no hearing or notice shall be required. The aggregate of the rates, fees or charges shall always be sufficient for the expense of operation, repair and maintenance and for the sinking fund payments.
(k) All rates, fees or charges, if not paid when due, shall constitute a lien upon the premises served by such works. If any service rate, fees or charge is not paid within twenty days after it is due, the amount thereof, together with a penalty of ten percent and a reasonable attorney's fee, may be recovered by the board in a civil action in the name of the municipality. The lien may be foreclosed against such lot, parcel of land or building in accordance with the laws relating thereto. Where both water and sewer services are furnished by any municipality to any premises, the schedule of charges may be billed as a single amount or individually itemized and billed for the aggregate thereof.
(l) Whenever any rates, rentals, fees or charges for services or facilities furnished shall remain unpaid for a period of twenty days after they become due, the property and the owner thereof, as well as the user of the services and facilities shall be delinquent until such time as all rates, fees and charges are fully paid. When any payment for rates, rentals, fees or charges becomes delinquent, the governing body may use the security deposit to satisfy the delinquent payment.
(m) The board collecting the rates, fees or charges shall be obligated under reasonable rules to shut off and discontinue both water and sewer services to all delinquent users of water, sewer or stormwater facilities and shall not restore either water facilities or sewer facilities to any delinquent user of any such facilities until all delinquent rates, fees or charges for water, sewer and stormwater facilities, including reasonable interest and penalty charges, have been paid in full, as long as such actions are not contrary to any rules or orders of the Public Service Commission: Provided, That nothing contained within the rules of the Public Service Commission shall be deemed to require any agents or employees of the municipality or governing body to accept payment at the customer's premises in lieu of discontinuing service for a delinquent bill.
ARTICLE 13A. PUBLIC SERVICE DISTRICTS.
§16-13A-9. Rules; service rates and charges; discontinuance of service; required water and sewer connections; lien for delinquent fees.

(a) (1) The board may make, enact and enforce all needful rules in connection with the acquisition, construction, improvement, extension, management, maintenance, operation, care, protection and the use of any public service properties owned or controlled by the district. The board shall establish rates, fees and charges for the services and facilities it furnishes, which shall be sufficient at all times, notwithstanding the provisions of any other law or laws, to pay the cost of maintenance, operation and depreciation of the public service properties and principal of and interest on all bonds issued, other obligations incurred under the provisions of this article and all reserve or other payments provided for in the proceedings which authorized the issuance of any bonds under this article. The schedule of the rates, fees and charges may be based upon:
(A) The consumption of water or gas on premises connected with the facilities, taking into consideration domestic, commercial, industrial and public use of water and gas;
(B) The number and kind of fixtures connected with the facilities located on the various premises;
(C) The number of persons served by the facilities;
(D) Any combination of paragraphs (A), (B) and (C) of this subdivision; or
(E) May be determined on any other basis or classification which the board may determine to be fair and reasonable, taking into consideration the location of the premises served and the nature and extent of the services and facilities furnished. However, no rates, fees or charges for stormwater services may be assessed against highways, road and drainage easements or stormwater facilities constructed, owned or operated by the West Virginia Division of Highways.
(2) Where water, sewer, stormwater or gas services, or any combination thereof, are all furnished to any premises, the schedule of charges may be billed as a single amount for the aggregate of the charges. The board shall require all users of services and facilities furnished by the district to designate on every application for service whether the applicant is a tenant or an owner of the premises to be served. If the applicant is a tenant, he or she shall state the name and address of the owner or owners of the premises to be served by the district. Notwithstanding the provisions of section eight, article three, chapter twenty-four of this code to the contrary, all new applicants for service shall deposit the greater of a sum equal to two twelfths of the average annual usage of the applicant's specific customer class or $50, with the district to secure the payment of service rates, fees and charges in the event they become delinquent as provided in this section. If a district provides both water and sewer service, all new applicants for service shall deposit the greater of a sum equal to two twelfths of the average annual usage for water service or $50 and the greater of a sum equal to two twelfths of the average annual usage for wastewater service of the applicant's specific customer class or $50. In any case where a deposit is forfeited to pay service rates, fees and charges which were delinquent at the time of disconnection or termination of service, no reconnection or reinstatement of service may be made by the district until another deposit equal to the greater of a sum equal to two twelfths of the average usage for the applicant's specific customer class or $50 has been remitted to the district. After twelve months of prompt payment history, the district shall return the deposit to the customer or credit the customer's account at a rate as the Public Service Commission may prescribe: Provided, That where the customer is a tenant, the district is not required to return the deposit until the time the tenant discontinues service with the district. Whenever any rates, fees, rentals or charges for services or facilities furnished remain unpaid for a period of twenty days after the same become due and payable, the user of the services and facilities provided is delinquent and the user is liable at law until all rates, fees and charges are fully paid. The board may, under reasonable rules promulgated by the Public Service Commission, shut off and discontinue water or gas services to all delinquent users of either water or gas facilities, or both, ten days after the water or gas services become delinquent. Provided, however, That nothing contained within the rules of the Public Service Commission shall be deemed to require any agents or employees of the board to accept payment at the customer's premises in lieu of discontinuing service for a delinquent bill.
(b) In the event that any publicly or privately owned utility, city, incorporated town, other municipal corporation or other public service district included within the district owns and operates separately water facilities, sewer facilities or stormwater facilities and the district owns and operates another kind of facility either water or sewer, or both, as the case may be, then the district and the publicly or privately owned utility, city, incorporated town or other municipal corporation or other public service district shall covenant and contract with each other to shut off and discontinue the supplying of water service for the nonpayment of sewer or stormwater service fees and charges: Provided, That any contracts entered into by a public service district pursuant to this section shall be submitted to the Public Service Commission for approval. Any public service district which provides water and sewer service, water and stormwater service or water, sewer and stormwater service has the right to terminate water service for delinquency in payment of water, sewer or stormwater bills. Where one public service district is providing sewer service and another public service district or a municipality included within the boundaries of the sewer or stormwater district is providing water service and the district providing sewer or stormwater service experiences a delinquency in payment, the district or the municipality included within the boundaries of the sewer or stormwater district that is providing water service, upon the request of the district providing sewer or stormwater service to the delinquent account, shall terminate its water service to the customer having the delinquent sewer or stormwater account: Provided, however, That any termination of water service must comply with all rules and orders of the Public Service Commission. Provided further, That nothing contained within the rules of the Public Service Commission shall be deemed to require any agents or employees of the Public Service Districts to accept payment at the customer's premises in lieu of discontinuing service for a delinquent bill.
(c) Any district furnishing sewer facilities within the district may require, or may by petition to the circuit court of the county in which the property is located, compel or may require the Division of Health to compel all owners, tenants or occupants of any houses, dwellings and buildings located near any sewer facilities where sewage will flow by gravity or be transported by other methods approved by the Division of Health, including, but not limited to, vacuum and pressure systems, approved under the provisions of section nine, article one, chapter sixteen of this code, from the houses, dwellings or buildings into the sewer facilities, to connect with and use the sewer facilities and to cease the use of all other means for the collection, treatment and disposal of sewage and waste matters from the houses, dwellings and buildings where there is gravity flow or transportation by any other methods approved by the Division of Health, including, but not limited to, vacuum and pressure systems, approved under the provisions of section nine, article one, chapter sixteen of this code and the houses, dwellings and buildings can be adequately served by the sewer facilities of the district and it is declared that the mandatory use of the sewer facilities provided for in this paragraph is necessary and essential for the health and welfare of the inhabitants and residents of the districts and of the state. If the public service district requires the property owner to connect with the sewer facilities even when sewage from dwellings may not flow to the main line by gravity and the property owner incurs costs for any changes in the existing dwellings' exterior plumbing in order to connect to the main sewer line, the Public Service District Board shall authorize the district to pay all reasonable costs for the changes in the exterior plumbing, including, but not limited to, installation, operation, maintenance and purchase of a pump or any other method approved by the Division of Health. Maintenance and operation costs for the extra installation should be reflected in the users charge for approval of the Public Service Commission. The circuit court shall adjudicate the merits of the petition by summary hearing to be held not later than thirty days after service of petition to the appropriate owners, tenants or occupants.
(d) Whenever any district has made available sewer facilities to any owner, tenant or occupant of any house, dwelling or building located near the sewer facility and the engineer for the district has certified that the sewer facilities are available to and are adequate to serve the owner, tenant or occupant and sewage will flow by gravity or be transported by other methods approved by the Division of Health from the house, dwelling or building into the sewer facilities, the district may charge, and the owner, tenant or occupant shall pay, the rates and charges for services established under this article only after thirty-day notice of the availability of the facilities has been received by the owner, tenant or occupant. Rates and charges for sewage services shall be based upon actual water consumption or the average monthly water consumption based upon the owner's, tenant's or occupant's specific customer class.
(e) The owner, tenant or occupant of any real property may be determined and declared to be served by a stormwater system only after each of the following conditions is met: (1) The district has been designated by the Environmental Protection Agency as an entity to serve a West Virginia Separate Storm Sewer System community, as defined in 40 C.F.R. §122.26; (2) the district's authority has been properly expanded to operate and maintain a stormwater system; (3) the district has made available a stormwater system where stormwater from the real property affects or drains into the stormwater system; and (4) the real property is located in the Municipal Separate Storm Sewer System's designated service area. It is further hereby found, determined and declared that the mandatory use of the stormwater system is necessary and essential for the health and welfare of the inhabitants and residents of the district and of the state. The district may charge and the owner, tenant or occupant shall pay the rates, fees and charges for stormwater services established under this article only after thirty-day notice of the availability of the stormwater system has been received by the owner. An entity providing stormwater service shall provide a tenant a report of the stormwater fee charged for the entire property and, if appropriate, that portion of the fee to be assessed to the tenant.
(f) All delinquent fees, rates and charges of the district for either water facilities, sewer facilities, gas facilities or stormwater systems or stormwater management programs are liens on the premises served of equal dignity, rank and priority with the lien on the premises of state, county, school and municipal taxes. Nothing contained within the rules of the Public Service Commission shall be deemed to require any agents or employees of the Public Service Districts to accept payment at the customer's premises in lieu of discontinuing service for a delinquent bill. In addition to the other remedies provided in this section, public service districts are granted a deferral of filing fees or other fees and costs incidental to the bringing and maintenance of an action in magistrate court for the collection of delinquent water, sewer, stormwater or gas bills. If the district collects the delinquent account, plus reasonable costs, from its customer or other responsible party, the district shall pay to the magistrate the normal filing fee and reasonable costs which were previously deferred. In addition, each public service district may exchange with other public service districts a list of delinquent accounts: Provided, That an owner of real property may not be held liable for the delinquent rates or charges for services or facilities of a tenant, nor may any lien attach to real property for the reason of delinquent rates or charges for services or facilities of a tenant of the real property, unless the owner has contracted directly with the public service district to purchase the services or facilities.
(g) Anything in this section to the contrary notwithstanding, any establishment, as defined in section three, article eleven, chapter twenty-two of this code, now or hereafter operating its own sewage disposal system pursuant to a permit issued by the Department of Environmental Protection, as prescribed by section eleven of said article, is exempt from the provisions of this section.
(h) A public service district which has been designated by the Environmental Protection Agency as an entity to serve a West Virginia Separate Storm Sewer System community shall prepare an annual report detailing the collection and expenditure of rates, fees or charges and make it available for public review at the place of business of the governing body and the stormwater utility main office.
CHAPTER 24. PUBLIC SERVICE COMMISSION.

ARTICLE 3. DUTIES AND PRIVILEGES OF PUBLIC UTILITIES SUBJECT TO REGULATIONS OF COMMISSION.

§24-3-10. Termination of water service for delinquent sewer bills.
(a) In the event that any publicly or privately owned utility, city, incorporated town, municipal corporation or public service district owns and operates either water facilities or sewer facilities, and a privately owned public utility or a public utility that is owned and operated by a homeowners' association owns and operates the other kind of facilities, either water or sewer, then the privately owned public utility or the homeowners' association may contract with the publicly or privately owned utility, city, incorporated town, or public service district which provides the other services to shutoff and discontinue the supplying of water service for the nonpayment of sewer service fees and charges.
(b) Any contracts entered into by a privately owned public utility or by a public utility that is owned and operated by a homeowners' association pursuant to this section must be submitted to the Public Service Commission for approval.
(c) Any privately owned public utility or any public utility that is owned and operated by a homeowners' association which provides water and sewer service to its customers may terminate water service for delinquency in payment of either water or sewer bills.
(d) Where a privately owned public utility or a public utility that is owned and operated by a homeowners' association is providing sewer service and another utility is providing water service, and the privately owned public utility or the homeowners' association providing sewer service experiences a delinquency in payment, the utility providing water service, upon the request of the homeowners' association or the privately owned public utility providing sewer service to the delinquent account, shall terminate its water service to the customer having the delinquent sewer account.
(e) Any termination of water service must comply with all rules and orders of the Public Service Commission: Nothing contained within the rules of the Public Service Commission shall be deemed to require any agents or employees of the water or sewer utility to accept payment at the customer's premises in lieu of discontinuing water service for a delinquent water or sewer bill."
The Clerk next reported an amendment by Delegate Duke, on page five line fifty-three, after the word "service", by inserting "Provided further, however, That any water or sewer facility which is owned or operated by a public or private utility, city, incorporated town, or municipal corporation shall give every customer a thirty day grace period for payment of the customer's water and sewer bill before charging a late fee."
On page eleven, line eighty-five, after the word "service", by inserting "Provided further, That any water or sewer facility which is owned or operated by a public or private utility, city, incorporated town, or municipal corporation shall give every customer a thirty day grace period for payment of the customer's water and sewer bill before charging a late fee."
On page eighteen, line sixty-two, after the word "paid", by inserting "Provided further, That any water or sewer facility which is owned or operated by a public or private utility, city, incorporated town, or municipal corporation shall give every customer a thirty day grace period for payment of the customer's water and sewer bill before charging a late fee."
On page twenty-two, line one hundred forty-two, after the word "service", by inserting "Provided further, however, That any water or sewer facility which is owned or operated by a public or private utility, city, incorporated town, or municipal corporation shall give every customer a thirty day grace period for payment of the customer's water and sewer bill before charging a late fee."
On page twenty-six, line eighty-five, following after the word "service", by inserting "Provided further, That any public service district shall give every customer a thirty day grace period for payment of the customer's water and sewer bill before charging a late fee."
On page twenty-eight, line one hundred twenty-four, after the word "service", by inserting
"Provided further, That any public service district shall give every customer a thirty day grace period for payment of the customer's water and sewer bill before charging a late fee."
On page thirty-three, line two hundred nineteen, after the word "service", by inserting "Provided, That any public service district shall give every customer a thirty day grace period for payment of the customer's water and sewer bill before charging a late fee."
The amendment having been put, did not prevail.
There being no further amendments, the bill was then read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 369), and there were--yeas 82, nays 14, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Blair, Carmichael, Ellem, Lane, Louisos, Manypenny, McGeehan, J. Miller, Porter, Romine, Shott and Walters.
Absent And Not Voting: Argento, Cann, Hutchins and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 465) passed.
On motion of Delegate Miley, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 465 - "A Bill to amend and reenact §8-19-12a of the Code of West Virginia, 1931, as amended; to amend and reenact §8-20-10 of said code; to amend and reenact §16- 13-16 of said code; to amend and reenact §16-13A-9 of said code; and to amend and reenact §24-3- 10 of said code, all relating to the discontinuation of water and sewer utility service for a delinquent bill; and eliminating the requirement that a water utility's employee or agent be required to accept payment at the customer's premises in lieu of discontinuing service for a delinquent water or sewer bill."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Messages from the Senate

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. 4513, Establishing requirements for Marcellus gas well operations use of water resources.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §22-6-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto a new section, designated §22-6-42; that §22C-8-2 of said code be amended and reenacted; and that §22C-9-2 of said code be amended and reenacted, all to read as follows:
CHAPTER 22. ENVIRONMENTAL RESOURCES.

ARTICLE 6. OFFICE OF OIL AND GAS; OIL AND GAS WELLS; ADMINISTRATION; ENFORCEMENT.

§22-6-1. Definitions.
Unless the context in which used clearly requires a different meaning, as used in this article:
(a) 'Casing' means a string or strings of pipe commonly placed in wells drilled for natural gas or petroleum or both;
(b) 'Cement' means hydraulic cement properly mixed with water;
(c) 'Chair' means the chair of the West Virginia Shallow Gas Well Review Board as provided in section four, article eight, chapter twenty-two-c of this code;
(d) 'Coal operator' means any person or persons, firm, partnership, partnership association or corporation that proposes to or does operate a coal mine;
(e) 'Coal seam' and 'workable coal bed' are interchangeable terms and mean any seam of coal twenty inches or more in thickness, unless a seam of less thickness is being commercially worked, or can in the judgment of the department foreseeably be commercially worked and will require protection if wells are drilled through it;
(f) 'Director' means the director of the Division of Environmental Protection as established in article one of this chapter or such other person to whom the director has delegated authority or duties pursuant to sections six or eight, article one of this chapter.
(g) (f) 'Deep well' means any well other than a shallow well or coalbed methane well, drilled and completed in to a formation at or below the top of the uppermost member of the 'Onondaga Group';
(h) (g) 'Expanding cement' means any cement approved by the office of oil and gas which expands during the hardening process, including, but not limited to, regular oil field cements with the proper additives;
(i) (h) 'Facility' means any facility utilized in the oil and gas industry in this state and specifically named or referred to in this article or in article eight or nine of this chapter, other than a well or well site;
(j) (i) 'Gas' means all natural gas and all other fluid hydrocarbons not defined as oil in this section;
(k) (j) 'Oil' means natural crude oil or petroleum and other hydrocarbons, regardless of gravity, which are produced at the well in liquid form by ordinary production methods and which are not the result of condensation of gas after it leaves the underground reservoirs;
(l) (k) 'Owner' when used with reference to any well, shall include any person or persons, firm, partnership, partnership association or corporation that owns, manages, operates, controls or possesses such well as principal, or as lessee or contractor, employee or agent of such principal;
(m) (l) 'Owner' when used with reference to any coal seam, shall include any person or persons who own, lease or operate such coal seam;
(n) (m) 'Person' means any natural person, corporation, firm, partnership, partnership association, venture, receiver, trustee, executor, administrator, guardian, fiduciary or other representative of any kind, and includes any government or any political subdivision or any agency thereof;
(o) (n) 'Plat' means a map, drawing or print showing the location of a well or wells as herein defined;
(p) (o) 'Review board' means the West Virginia shallow gas well review board as provided for in section four, article eight, chapter twenty-two-c of this code;
(q) (p) 'Safe mining through of a well' means the mining of coal in a workable coal bed up to a well which penetrates such workable coal bed and through such well so that the casing or plug in the well bore where the well penetrates the workable coal bed is severed;
(q) 'Secretary' means the Secretary of the Department of Environmental Protection as established in article one of this chapter or such other person to whom the secretary has delegated authority or duties pursuant to sections six or eight, article one of this chapter;
(r) 'Shallow well' means any gas well, other than a coalbed methane well, drilled no deeper than one hundred feet below the top of the 'Onondaga Group': and completed in a formation above the top of the uppermost member of the 'Onondaga Group' Provided, That in drilling a shallow well the operator may penetrate into the 'Onondaga Group' to a reasonable depth, not in excess of twenty feet, in order to allow for logging and completion operations, but in no event may the 'Onondaga Group' formation or any formation below the 'Onondaga Group' be otherwise produced, perforated or stimulated in any manner;
(s) 'Stimulate' means any action taken by a well operator to increase the inherent productivity of an oil or gas well, including, but not limited to, fracturing, shooting or acidizing, but excluding cleaning out, bailing or workover operations;
(t) 'Waste' means: (i) Physical waste, as the term is generally understood in the oil and gas industry; (ii) the locating, drilling, equipping, operating or producing of any oil or gas well in a manner that causes, or tends to cause a substantial reduction in the quantity of oil or gas ultimately recoverable from a pool under prudent and proper operations, or that causes or tends to cause a substantial or unnecessary or excessive surface loss of oil or gas; or (iii) the drilling of more deep wells than are reasonably required to recover efficiently and economically the maximum amount of oil and gas from a pool; (iv) substantially inefficient, excessive or improper use, or the substantially unnecessary dissipation of, reservoir energy, it being understood that nothing in this chapter shall be construed to authorize any agency of the state to impose mandatory spacing of shallow wells except for the provisions of section eight, article nine, chapter twenty-two-c of this code and the provisions of article eight, chapter twenty-two-c of this code; (v) inefficient storing of oil or gas: Provided, That storage in accordance with a certificate of public convenience issued by the Federal Energy Regulatory Commission shall be conclusively presumed to be efficient and; (vi) other underground or surface waste in the production or storage of oil, gas or condensate, however caused. Waste does not include gas vented or released from any mine areas as defined in section two, article one, chapter twenty-two-a of this code or from adjacent coal seams which are the subject of a current permit issued under article two of chapter twenty-two-a of this code: Provided, however, That nothing in this exclusion is intended to address ownership of the gas;
(u) 'Well' means any shaft or hole sunk, drilled, bored or dug into the earth or into underground strata for the extraction or injection or placement of any liquid or gas, or any shaft or hole sunk or used in conjunction with such extraction or injection or placement. The term 'well' does not include any shaft or hole sunk, drilled, bored or dug into the earth for the sole purpose of core drilling or pumping or extracting therefrom potable, fresh or usable water for household, domestic, industrial, agricultural or public use;
(v) 'Well work' means the drilling, redrilling, deepening, stimulating, pressuring by injection of any fluid, converting from one type of well to another, combining or physically changing to allow the migration of fluid from one formation to another or plugging or replugging of any well;
(w) 'Well operator' or 'operator' means any person or persons, firm, partnership, partnership association or corporation that proposes to or does locate, drill, operate or abandon any well as herein defined;
(x) 'Pollutant' shall have the same meaning as provided in subsection (17), section three, article eleven, chapter twenty-two of this code; and
(y) 'Waters of this state' shall have the same meaning as the term 'waters' as provided in subsection (23), section three, article eleven, chapter twenty-two of this code.
§22-6-42. Additional permitting requirements for gas wells withdrawing more than two hundred ten thousand gallons of water from waters of this state in a calendar month for fracturing or stimulating gas production; rule-making authority.

(a) When a gas well operator applies for a well work permit under section six of this article, and it is reasonably ascertainable that the operator is likely to withdraw more than two hundred ten thousand gallons of water in a calendar month from any waters of this State for use in drilling and completing the well, the Secretary shall require the operator to submit a water resources management plan with its application for a well work permit in addition to any other information required to be submitted under this article. The water resources management plan shall include the following information:
(1) The type of water source from which withdrawals will be made and the planned percentage of water withdrawals that will be made from surface water or groundwater;
(2) The location of each water source from which withdrawals are planned, including the name of the water source, if any, the county in which the water withdrawal will occur, and the latitude and longitude of the planned water withdrawal location and identification of any public water supply intakes within one mile downstream of the withdrawal location;
(3) The planned volume of water withdrawals from each water source based on the best information available at the time;
(4) The months when water withdrawals are planned; and
(5) The planned methods of disposing or reusing any water associated with drilling and completing the well, would include but not be limited to, disposing of water into oil and gas wells in which the fresh water casing has been cemented to the surface: Provided, That such wells are approved as disposal wells by the Director of the Oil and Gas Division of the Department of Environmental Protection.
(b) Withdrawal of water for purposes of this section by an operator shall comply with water quality standards promulgated pursuant to section seven-b, article eleven, chapter twenty-two of this code.
(c) The operator shall provide the information required by subsection (a) of this section based on the information available and reasonable planning efforts by operators at the time the well work permit application is submitted.
(d) The Secretary may prescribe forms on which the information in subsection (a) of this section is to be reported.
(e) The Secretary shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code addressing records that must be kept regarding the management and disposal of water from any well covered by a well work permit issued pursuant to an application that is subject to subsection (a) of this section which shall include records containing: a listing of the additives as presented on material safety data sheets that are used in water used for fracturing or stimulating wells; quantities of water utilized and disposed of by operators; methods for water management or disposal; location of water disposal site or facility; and a name and address of the water hauler and the producer for which the water was hauled.
(f) This section is intended to be consistent with and shall not supersede, revise, repeal or otherwise modify, articles eleven and twenty-six, of this chapter, and shall not revise, repeal or otherwise modify the common law doctrine of riparian rights under West Virginia law.
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS,

AUTHORITIES, COMMISSIONS AND COMPACTS.

ARTICLE 8. SHALLOW GAS WELL REVIEW BOARD.

§22C-8-2. Definitions.

Unless the context in which used clearly requires a different meaning, as used in this article:
(1) 'Board' means the Shallow Gas Well Review Board provided for in section four of this article;
(2) 'Chair' means the chair of the Shallow Gas Well Review Board provided for in section four of this article;
(3) 'Coal operator' means any person who proposes to or does operate a coal mine;
(4) 'Coal seam' and 'workable coal bed' are interchangeable terms and mean any seam of coal twenty inches or more in thickness, unless a seam of less thickness is being commercially worked, or can in the judgment of the division department foreseeably be commercially worked and will require protection if wells are drilled through it;
(5) 'Commission' means the oil and gas conservation commission provided for in section four, article nine of this chapter;
(6) 'Commissioner' means the oil and gas conservation commissioner provided for in section four, article nine of this chapter;
(7) 'Correlative rights' means the reasonable opportunity of each person entitled thereto to recover and receive without waste the gas in and under a tract or tracts, or the equivalent thereof;
(8) 'Deep well' means any well other than a shallow well or coalbed methane well, drilled and completed in to a formation at or below the top of the uppermost member of the 'Onondaga Group';
(9) 'Division' Department means the state Division Department of Environmental Protection provided for in chapter twenty-two of this code;
(10) 'Director' means the director of the Division of Environmental Protection as established in article one, chapter twenty-two of this code or such other person to whom the director delegates authority or duties pursuant to sections six or eight, article one, chapter twenty-two of this code;
(11) (10) 'Drilling unit' means the acreage on which the board decides one well may be drilled under section ten of this article;
(12) (11) 'Gas' means all natural gas and all other fluid hydrocarbons not defined as oil in subdivision (15) of this section;
(13) (12) 'Gas operator' means any person who owns or has the right to develop, operate and produce gas from a pool and to appropriate the gas produced therefrom either for such person or for such person and others. In the event that there is no gas lease in existence with respect to the tract in question, the person who owns or has the gas rights therein shall be considered a 'gas operator' to the extent of seven eighths of the gas in that portion of the pool underlying the tract owned by such person, and a 'royalty owner' to the extent of one eighth of such gas;
(14) (13) 'Just and equitable share of production' means, as to each person, an amount of gas in the same proportion to the total gas production from a well as that person's acreage bears to the total acreage in the drilling unit;
(15) (14) 'Oil' means natural crude oil or petroleum and other hydrocarbons, regardless of gravity, which are produced at the well in liquid form by ordinary production methods and which are not the result of condensation of gas after it leaves the underground reservoir;
(16) (15) 'Owner' when used with reference to any coal seam, shall include any person or persons who own, lease or operate such coal seam;
(17) (16) 'Person' means any natural person, corporation, firm, partnership, partnership association, venture, receiver, trustee, executor, administrator, guardian, fiduciary or other representative of any kind, and includes any government or any political subdivision or any agency thereof;
(18) (17) 'Plat' means a map, drawing or print showing the location of one or more wells or a drilling unit;
(19) (18) 'Pool' means an underground accumulation of gas in a single and separate natural reservoir (ordinarily a porous sandstone or limestone). It is characterized by a single natural-pressure system so that production of gas from one part of the pool tends to or does affect the reservoir pressure throughout its extent. A pool is bounded by geologic barriers in all directions, such as geologic structural conditions, impermeable strata, and water in the formation, so that it is effectively separated from any other pools which may be present in the same district or in the same geologic structure;
(20) (19) 'Royalty owner' means any owner of gas in place, or gas rights, to the extent that such owner is not a gas operator as defined in subdivision (13) of this section;
(20) 'Secretary' means the Secretary of the Department of Environmental Protection as established in article one, chapter twenty-two of this code or such other person to whom the secretary delegates authority or duties pursuant to section six or eight, article one, chapter twenty-two of this code;
(21) 'Shallow well' means any gas well other than a coalbed methane well, drilled no deeper than one hundred feet below the top of the 'Onondaga Group': and completed in a formation above the top of the uppermost member of the 'Onondaga Group' Provided, That in drilling a shallow well the well operator may penetrate into the 'Onondaga Group' to a reasonable depth, not in excess of twenty feet, in order to allow for logging and completion operations, but in no event may the 'Onondaga Group' formation or formation below the Onondaga Group' be otherwise produced, perforated or stimulated in any manner;
(22) 'Tracts comprising a drilling unit' means that all separately owned tracts or portions thereof which are included within the boundary of a drilling unit;
(23) 'Well' means any shaft or hole sunk, drilled, bored or dug into the earth or into underground strata for the extraction, injection or placement of any liquid or gas, or any shaft or hole sunk or used in conjunction with such extraction, injection or placement. The term 'well' does not include any shaft or hole sunk, drilled, bored or dug into the earth for the sole purpose of core drilling or pumping or extracting therefrom potable, fresh or usable water for household, domestic, industrial, agricultural or public use; and
(24) 'Well operator' means any person who proposes to or does locate, drill, operate or abandon any well.
ARTICLE 9. OIL AND GAS CONSERVATION.

§22C-9-2. Definitions.

(a) Unless the context in which used clearly requires a different meaning, as used in this article:
(1) 'Commission' means the Oil and Gas Conservation Commission and 'commissioner' means the Oil and Gas Conservation Commissioner as provided for in section four of this article;
(2) 'Director' 'Secretary' means the director Secretary of the division Department of Environmental Protection and 'chief' means the chief of the office of oil and gas;
(3) 'Person' means any natural person, corporation, partnership, receiver, trustee, executor, administrator, guardian, fiduciary or other representative of any kind, and includes any government or any political subdivision or any agency thereof;
(4) 'Operator' means any owner of the right to develop, operate and produce oil and gas from a pool and to appropriate the oil and gas produced therefrom, either for such person or for such person and others; in the event that there is no oil and gas lease in existence with respect to the tract in question, the owner of the oil and gas rights therein shall be considered as 'operator' to the extent of seven eighths of the oil and gas in that portion of the pool underlying the tract owned by such owner, and as 'royalty owner' as to one-eighth interest in such oil and gas; and in the event the oil is owned separately from the gas, the owner of the substance being produced or sought to be produced from the pool shall be considered as 'operator' as to such pool;
(5) 'Royalty owner' means any owner of oil and gas in place, or oil and gas rights, to the extent that such owner is not an operator as defined in subdivision (4) of this section;
(6) 'Independent producer' means a producer of crude oil or natural gas whose allowance for depletion is determined under Section 613A of the federal Internal Revenue Code in effect on July 1, 1997;
(7) 'Oil' means natural crude oil or petroleum and other hydrocarbons, regardless of gravity, which are produced at the well in liquid form by ordinary production methods and which are not the result of condensation of gas after it leaves the underground reservoir;
(8) 'Gas' means all natural gas and all other fluid hydrocarbons not defined as oil in subdivision (7) of this section;
(9) 'Pool' means an underground accumulation of petroleum or gas in a single and separate natural reservoir (ordinarily a porous sandstone or limestone). It is characterized by a single natural- pressure system so that production of petroleum or gas from one part of the pool affects the reservoir pressure throughout its extent. A pool is bounded by geologic barriers in all directions, such as geologic structural conditions, impermeable strata, and water in the formations, so that it is effectively separated from any other pools that may be presented in the same district or on the same geologic structure;
(10) 'Well' means any shaft or hole sunk, drilled, bored or dug into the earth or underground strata for the extraction of oil or gas;
(11) 'Shallow well' means any well other than coalbed methane well, drilled no deeper than one hundred feet below the top of the 'Onondaga Group': and completed in a formation above the top of the uppermost member of the 'Onondaga Group' Provided, That in drilling a shallow well the operator may penetrate into the 'Onondaga Group' to a reasonable depth, not in excess of twenty feet, in order to allow for logging and completion operations, but in no event may the 'Onondaga Group' formation or any formation below the 'Onondaga Group' be otherwise produced, perforated or stimulated in any manner;
(12) 'Deep well' means any well or coalbed methane well, other than a shallow well, drilled and completed to in a formation at or below the top of the uppermost member of the 'Onondaga Group';
(13) 'Drilling unit' means the acreage on which one well may be drilled;
(14) 'Waste' means and includes:
(A) Physical waste, as that term is generally understood in the oil and gas industry;
(B) The locating, drilling, equipping, operating or producing of any oil or gas well in a manner that causes, or tends to cause, a reduction in the quantity of oil or gas ultimately recoverable from a pool under prudent and proper operations, or that causes or tends to cause unnecessary or excessive surface loss of oil or gas; or
(C) The drilling of more deep wells than are reasonably required to recover efficiently and economically the maximum amount of oil and gas from a pool. Waste does not include gas vented or released from any mine areas as defined in section two, article one, chapter twenty-two-a of this code or from adjacent coal seams which are the subject of a current permit issued under article two of chapter twenty-two-a of this code: Provided, That nothing in this exclusion is intended to address ownership of the gas;
(15) 'Correlative rights' means the reasonable opportunity of each person entitled thereto to recover and receive without waste the oil and gas in and under his or her tract or tracts, or the equivalent thereof; and
(16) 'Just and equitable share of production' means, as to each person, an amount of oil or gas or both substantially equal to the amount of recoverable oil and gas in that part of a pool underlying such person's tract or tracts.
(b) Unless the context clearly indicates otherwise, the use of the word 'and' and the word 'or' shall be interchangeable, as, for example, 'oil and gas' shall mean oil or gas or both."
And by amending the title of the bill to read as follows:
Com. Sub. for H. B. 4513 - "A Bill to amend and reenact §22-6-1 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §22-6- 42; to amend and reenact §22C-8-2 of said code; and to amend and reenact §22C-9-2 of said code, all relating to environmental regulation of the development of shallow gas well operations; clarifying the definitions of 'shallow well' and 'deep well'; establishing gas well operator water resource reporting requirements; and authorizing the Department of Environmental Protection to promulgate legislative rules."
On motion of Delegate Boggs, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 510, Extending DNR license and stamp fees sunset provision; 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. 370), and there were--yeas 83, nays 12, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Lane, Louisos, McGeehan, C. Miller, J. Miller, Rowan, Schoen, Sobonya, Sumner and Walters.
Absent And Not Voting: Argento, Cann, Hutchins, M. Poling and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 510) 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. 236, Creating Aquaculture Development 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. 371), 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: Argento, Cann, Hutchins, M. Poling and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 236) 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. 397, Creating single dwelling residential housing index and multiplier; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page two, section two-b, line one, following "(a)" at the beginning of the subsection, by striking out the word "Annually," and inserting in lieu thereof the words "For purposes of this section only, annually" and a comma.
On page two, section two-b, line six, following the words "housing by county", by inserting the words "and by square footage, if available".
On page two, section two-b, line eight, following "(b)" at the beginning of the subsection, by striking out the word "The" and inserting in lieu thereof the words "For purposes of this section only, the".
And,
On page three, section two-b, line twenty-six, following "(c)" at the beginning of the subsection, by striking out the word "The" and inserting in lieu thereof the words "For purposes of this section only, the".
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 372), and there were--yeas 77, nays 17, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Border, Canterbury, Carmichael, Craig, Evans, Ireland, Lane, Louisos, C. Miller, Reynolds, Schoen, Sobonya and Walters.
Absent And Not Voting: Argento, Cann, Hutchins, Paxton, M. Poling and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 397) passed.
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. 397 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-1-2b, relating to creating a single dwelling residential housing index and multiplier generally; providing requirements for the Tax Commissioner; establishing required contents of the index and multiplier; and requiring an annual reporting."
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. 51, Relating to child custody plans for National Guard or military reserve parents; 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. 373), 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: Argento, Cann, Hutchins, M. Poling and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 51) 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. 442, Clarifying PEIA Finance Board may offset certain annual retiree premium increases; 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. 374), 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: Argento, Cann, Hutchins, M. Poling and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 442) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 375), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Cann and Ross.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 442) 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. 596, Exempting Adjutant General and National Guard from certain leasing and accounting 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. 376), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Cann, Canterbury, Hutchins, Paxton, M. Poling and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 596) 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. 696, Relating to limited liability partnerships; 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. 377), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Louisos.
Absent And Not Voting: Argento, Cann, Hutchins and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 696) 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. 232, Transferring certain requirements for redeeming delinquent land sales from county clerks to State Auditor; on third reading, coming up in regular order, was passed over.
Conference Committee Report Availability

At 3:44 p.m., the Clerk announced availability in his office of the report of the Committee of Conference on Com. Sub. for H. B. 4166.
Third Reading

(-Continued-)

S. B. 122, Increasing mental health treatment refusal age of consent; on third reading, coming up in regular order, with an amendment pending and the further right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 4. VOLUNTARY HOSPITALIZATION.
§27-4-1. Authority to receive voluntary patients.

The chief medical officer of a mental health facility, subject to the availability of suitable accommodations and to the rules and regulations promulgated by the board of health, shall admit for diagnosis, care and treatment any individual:
(a) Over eighteen years of age who is mentally ill, mentally retarded or addicted or who has manifested symptoms of mental illness, mental retardation or addiction and who makes application for hospitalization; or
(b) Under eighteen years of age who is mentally ill, mentally retarded or addicted or who has manifested symptoms of mental illness, mental retardation or addiction and there is application for hospitalization therefor in his or her behalf: (1) By the parents of such person; or (2) if only one parent is living, then by such parent; or (3) if the parents are living separate and apart, by the parent who has the custody of such person; or (4) if there is a guardian who has custody of such person, then by such guardian. Such admission shall be conditioned upon the consent of the prospective patient if he or she is twelve eighteen years of age or over. Such admission shall be conditioned upon the consent of the prospective patient if he or she is an emancipated minor.
(c) No person under eighteen years of age shall be admitted under this section to any state hospital unless said person has first been reviewed and evaluated by a local mental health facility and recommended for admission.
(d) If the candidate for voluntary admission is a minor who is fourteen years of age or older, the admitting health care facility shall determine if the minor consents to or objects to his or her admission to the facility. If the parent or guardian who requested the minor's admission under this section revokes his or her consent at any time, or if the minor fourteen years of age or older objects at any time to his or her further treatment, the minor shall be discharged within ninety-six hours to the custody of the consenting parent or guardian, unless the chief medical officer of the mental health facility files a petition for involuntary hospitalization, pursuant to the provisions of section three of this article, or the minor's continued hospitalization is authorized as an involuntary hospitalization pursuant to the provisions of article five of this chapter: Provided, That, if the ninety-six hour time period would result in the minor being discharged and released on a Saturday, a Sunday or a holiday on which the court is closed, the period of time in which the patient shall be released by the facility shall be extended until the next day which is not a Saturday, Sunday or legal holiday on which the court is lawfully closed.
(e) Nothing in this section may be construed to obligate the State of West Virginia for costs of voluntary hospitalizations permitted by the provisions of this section.
(f) Any provider must release an unemancipated minor's drug addiction and treatment records to a parent or legal guardian without the unemancipated minor's written consent.
§27-4-3. Right to release on application.
A voluntary patient who requests his or her release or whose release is requested in writing by his or her parents, parent, guardian, spouse or adult next of kin shall be released forthwith except that:
(a) If the patient was admitted on his or her own application, and request for release is made by a person other than the patient, release shall be conditioned upon the agreement of the patient thereto;
(b) If the patient is under twelve eighteen years of age, his or her release prior to becoming twelve eighteen years of age may be conditioned upon the consent of the person or persons who applied for his or her admission; or
(c) If, within ninety-six hours of the receipt of the request, the chief medical officer of the mental health facility in which the patient is hospitalized files with the clerk of the circuit court or mental hygiene commissioner of the county where the facility is situated an application for involuntary hospitalization as provided in section four, article five of this chapter, release may be postponed for twenty days pending a finding in accordance with the legal proceedings prescribed therein.
Legal proceedings for involuntary hospitalization shall not be commenced with respect to a voluntary patient unless release of the patient has been requested by him or her or the individual or individuals who applied for his or her admission."
On motion of Delegate Miley, the Judiciary Committee amendment was amended on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 4. VOLUNTARY HOSPITALIZATION.
§27-4-1. Authority to receive voluntary patients.

The chief medical officer of a mental health facility, subject to the availability of suitable accommodations and to the rules and regulations promulgated by the board of health, shall admit for diagnosis, care and treatment any individual:
(a) Over eighteen years of age who is mentally ill, mentally retarded intellectually disabled or addicted or who has manifested symptoms of mental illness, mental retardation intellectually disabled or addiction and who makes application for hospitalization; or
(b) Under eighteen years of age who is mentally ill, mentally retarded intellectually disabled or addicted or who has manifested symptoms of mental illness, mental retardation intellectual disability or addiction and there is application for hospitalization therefor in his or her behalf: (1) By the parents of such person; or (2) if only one parent is living, then by such parent; or (3) if the parents are living separate and apart, by the parent who has the custody of such person; or (4) if there is a guardian who has custody of such person, then by such guardian. Such admission shall be conditioned upon the consent of the prospective patient if he is twelve years of age or over. Such admission shall be conditioned upon the consent of the prospective patient if he or she is an emancipated minor.
(c) No person under eighteen years of age shall be admitted under this section to any state hospital unless said person has first been reviewed and evaluated by a local mental health facility and recommended for admission.
(d) If the candidate for voluntary admission is a minor who is fourteen years of age or older, the admitting health care facility shall determine if the minor consents to or objects to his or her admission to the facility. If the parent or guardian who requested the minor's admission under this section revokes his or her consent at any time, or if the minor fourteen years of age or older objects at any time to his or her further treatment, the minor shall be discharged within ninety-six hours to the custody of the consenting parent or guardian, unless the chief medical officer of the mental health facility files a petition for involuntary hospitalization, pursuant to the provisions of section three of this article, or the minor's continued hospitalization is authorized as an involuntary hospitalization pursuant to the provisions of article five of this chapter: Provided, That, if the ninety-six hour time period would result in the minor being discharged and released on a Saturday, a Sunday or a holiday on which the court is closed, the period of time in which the patient shall be released by the facility shall be extended until the next day which is not a Saturday, Sunday or legal holiday on which the court is lawfully closed.
(e) Nothing in this section may be construed to obligate the State of West Virginia for costs of voluntary hospitalizations permitted by the provisions of this section.
(f) Any provider must release an unemancipated minor's drug addiction and treatment records to a parent or legal guardian without the unemancipated minor's written consent.
§27-4-3. Right to release on application.
A voluntary patient who requests his or her release or whose release is requested in writing by his or her parents, parent, guardian, spouse or adult next of kin shall be released forthwith except that:
(a) If the patient was admitted on his or her own application, and request for release is made by a person other than the patient, release shall be conditioned upon the agreement of the patient thereto;
(b) If the patient is under twelve eighteen years of age, his or her release prior to becoming twelve eighteen years of age may be conditioned upon the consent of the person or persons who applied for his or her admission; or
(c) If, within ninety-six hours of the receipt of the request, the chief medical officer of the mental health facility in which the patient is hospitalized files with the clerk of the circuit court or mental hygiene commissioner of the county where the facility is situated an application for involuntary hospitalization as provided in section four, article five of this chapter, release may be postponed for twenty days pending a finding in accordance with the legal proceedings prescribed therein.
Legal proceedings for involuntary hospitalization shall not be commenced with respect to a voluntary patient unless release of the patient has been requested by him or her or the individual or individuals who applied for his or her admission."
The Judiciary Committee amendment, as amended, was then adopted.
There being no further amendments, the bill was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 378), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Cann and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 122) passed.
On motion of Delegate Miley, the title of the bill was amended to read as follows:
S. B. 122 - "A Bill to amend and reenact §27-4-1 and §27-4-3 of the Code of West Virginia, 1931, as amended, all relating to the voluntary hospitalization at mental health facilities; relating to the voluntary admission of minors into a mental health facility for mental illness, intellectual disability or addiction; removing the requirement that the minor's consent be secured before they are voluntarily admitted to a mental health facility if the minor is twelve years of age or older; requiring the consent or an emancipated minor before he or she is voluntarily committed; providing that the release of any minor from a voluntary hospitalization may be conditioned on the approval of the person or persons who applied for their admission; clarifying that the state is not obligated to pay for voluntary hospitalization; and requiring a provider to release an unemancipated minor's drug addiction and treatment records to a parent or legal guardian without the unemancipated minor's written consent."
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. 232, Transferring certain requirements for redeeming delinquent land sales from county clerks to State Auditor; 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. 379), and there were--yeas 92, nays 5, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Lane, McGeehan, Sobonya and Walters.
Absent And Not Voting: Argento, Cann and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 232) 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. 232 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §11A-3-5a and §11A-3-5b; and to amend and reenact §11A-3-6, §11A-3-8, §11A-3-9, §11A-3-11, §11A-3-14, §11A-3-15, §11A-3-16, §11A-3-18, §11A- 3-19, §11A-3-20, §11A-3-21, §11A-3-22, §11A-3-23, §11A-3-24, §11A-3-25, §11A-3-26, §11A-3- 27, §11A-3-28, §11A-3-29, §11A-3-30, §11A-3-31 and §11A-3-32 of said code, all relating to delinquent land sales by the sheriff generally; authorizing the auditor to perform certain duties related to delinquent land sales by the sheriff instead of being performed by the clerk of the county commission; permitting county commissions to order that the county clerk will continue to perform the duties related to delinquent land sales by the sheriff; requiring the mailing of a notice to redeem to the physical mailing address for the subject property; prohibiting certain assistants from purchasing tax liens; requiring certification of real estate by the sheriff to the auditor where the highest bidder bids at least the amount of taxes, interest and charges for which a tax lien is offered for sale; requiring notice to the purchaser of the requirement to secure a deed; increasing maximum reimbursable amount for certain legal services; requiring that a person redeeming be given a copy of the written opinion or report used for the preparation of the list of those to be served with notice; authorizing the county clerk to accept and write a receipt for payment made to redeem delinquent lands on behalf of the auditor; requiring that certain reimbursements to purchasers must be for legal services actually performed; enlarging the time within which a quitclaim deed must be delivered; authorizing the auditor to appoint designees; and establishing and increasing fees for services provided."
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. 462, Limiting State Police applicants' age; 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. 380), and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Andes and Porter.
Absent And Not Voting: Argento, Cann and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 462) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 511, Relating to tagging and checking beaver pelts; 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. 381), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Ireland.
Absent And Not Voting: Argento, Cann and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 511) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Conference Committee Report Availability

At 3:50 p.m., the Clerk announced availability in his office of the report of the Committee of Conference on H. B. 4177.
Third Reading

(-Continued-)

S. B. 512, Increasing game trap markings; 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. 382), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Cann and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 512) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 519, Extending Social Security benefits to Municipal Police Officers and Firefighters Retirement System members; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 383), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Cann and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 519) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 574, Declaring December 7 special memorial day; 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. 384), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Cann and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 574) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 624, Relating to Secretary of State annual reports' filing deadlines; 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. 385), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Louisos.
Absent And Not Voting: Argento, Cann and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 624) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 627, Increasing civil and criminal penalties for littering; 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. 386), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Cann and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 627) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 633, Depositing public funds into certain federally insured accounts; 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. 387), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Cann and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 633) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 352, Creating WV Community Empowerment Transportation Act; on third reading, having been postponed in earlier proceedings, was reported by the Clerk with amendments pending.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page twelve, section forty-nine, line forty-eight, by striking out the remainder of the subdivision and inserting in lieu thereof the following:
"When such changes require construction, reconstruction or repair, such work shall be done at state expense as any other construction, reconstruction or repair."
And,
On page twenty-seven, section four, line one hundred thirty-three, by striking out all of subsection (i) in its entirety and inserting in lieu thereof the following:
"(i) All documents maintained pursuant to this article shall be subject to the requirements of chapter twenty-nine-b of this code."
On motion of Delegates Cowles, Duke, Blair and J. Miller, the bill was amended on page nine, section forty-seven, following the word "commissioner", by deleting the word "shall" and inserting in lieu thereof the word "may".
On page nine, section forty seven, following the word "a", by deleting the word "minimum" and inserting in lieu thereof the word "maximum".
On page nine, section forty nine, line fifty five, following the word "years" and a period, by inserting the following:
"Provided, however, That no bond shall be required for any residential development consisting of one hundred homes or less" and a period.
Delegate Duke moved to amend the bill on page twenty-nine, section five, article twenty eight, line forty-four, following the word "a", by striking out the word "majority" and inserting in lieu thereof "sixty percent or more".
And,
On page twenty-nine, line forty-seven, following the word "a", by striking out the word "majority" and inserting in lieu thereof "forty percent or more".
On the adoption of the amendment, Delegate Duke demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 388), and there were--yeas 33, nays 61, absent and not voting 6, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Cowles, Crosier, Duke, Ellem, Evans, Hamilton, Ireland, Lane, Louisos, McGeehan, C. Miller, J. Miller, Moye, Overington, Porter, Romine, Rowan, Schadler, Schoen, Shott, Sobonya, Spencer and Sumner.
Absent And Not Voting: Argento, Cann, Paxton, M. Poling, Ross and Stowers.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
Delegate Border requested to be excused from voting on the passage of Com. Sub. for S. B. 352 under the provisions of House Rule 49.
The Speaker replied that 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 from voting.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 389), and there were--yeas 77, nays 20, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Ashley, Border, Canterbury, Cowles, Duke, Ireland, Lane, Louisos, C. Miller, J. Miller, Overington, Porter, Romine, Schoen, Shott, Sobonya, Sumner and Walters.
Absent And Not Voting: Argento, Cann and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 352) 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. 352 - "A Bill to amend and reenact §13-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §17-4-47 and §17-4-49 of said code; and to amend said code by adding thereto a new article, designated §17-28-1, §17-28-2, §17-28-3, §17-28-4, §17-28-5, §17-28-6, §17-28-7, §17-28-8, §17-28-9, §17-28-10, §17-28-11 and §17-28-12, all relating generally to the creation of the West Virginia Community Empowerment Transportation Act; authorizing county commissions to issue general obligation bonds for acquiring, maintaining, improving public roads and transportation facilities; giving counties authority to impose, administer, collect and enforce payment of voter-approved user fees to pay for or finance cost of transportation projects within their counties; defining certain terms; giving county commissions authority to issue special revenue bonds to finance transportation projects and including authority to issue refunding bonds; giving authority to take other actions to finance and complete transportation projects; authorizing the Commissioner of Highways to establish procedures relating to review of transportation projects; making legislative findings; stating legislative purpose; requiring certain governmental entities seeking state funds for transportation projects to submit a transportation project plan to Commissioner of Highways; setting forth transportation project plan requirements; setting forth conditions for approval by the Commissioner of Highways; providing notice, advertisement and election requirements for user fees; providing for a comprehensive agreement for a transportation facility between the sponsoring governmental entity and the Division of Highways; establishing the requirements for qualifying a transportation facility as a public improvement; authorizing information sharing; requiring a bond covering the division for improvements to highway facilities required as a result of development; providing that transportation projects are awarded by competitive bidding and subject to prevailing wages; authorizing municipal utilities and public service districts to include into rates costs borne by the utility in contributing moneys or dedicate revenue to transportation project costs; and regulating access from properties to and from state roads."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 41, Relating to community enhancement districts; having been postponed in earlier proceedings with an amendment pending and the further right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, 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:
"That §8A-5-12 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §16-13E-2 and §16-13E-4 of said code be amended and reenacted; and that said code be amended by adding thereto a new section, designated §16-13E-10a, all to read as follows:
CHAPTER 8A. LAND USE PLANNING.

ARTICLE 5. SUBDIVISION OR LAND DEVELOPMENT PLAN AND PLAT.
§8A-5-12. Vested property right.
(a) A vested property right is a right to undertake and complete the land development. The right is established when the land development plan and plat is approved by the planning commission and is only applicable under the terms and conditions of the approved land development plan and plat.
(b) Failure to abide by the terms and conditions of the approved land development plan and plat will result in forfeiture of the right.
(c) Subject to section ten-a, article thirteen-e, chapter sixteen of this code, the vesting period for an approved land development plan and plat which creates the vested property right is five years from the approval of the land development plan and plat by the planning commission.
(d) Without limiting the time when rights might otherwise vest, a landowner's rights vest in a land use or development plan and cannot be affected by a subsequent amendment to a zoning ordinance or action by the planning commission when the landowner:
(1) Obtains or is the beneficiary of a significant affirmative governmental act which remains in effect allowing development of a specific project;
(2) Relies in good faith on the significant affirmative governmental act; and
(3) Incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on the significant affirmative governmental act.
(e) A vested right is a property right, which cannot be taken without compensation. A court may award damages against the local government in favor of the landowner for monetary losses incurred by the landowner and court costs and attorneys' fees resulting from the local government's bad faith refusal to recognize that the landowner has obtained vested rights.
(f) Any subdivision or land development plan or plat, whether recorded or not yet recorded, valid under West Virginia law and outstanding as of January 1, 2010, shall remain valid until July 1, 2012, or such later date provided for by the terms of the planning commission or county commission's local ordinance or for a longer period as agreed to by the planning commission or county commission. Any other plan or permit associated with the subdivision or land development plan or plat shall also be extended for the same time period: Provided, That the land development plan or plat has received at least preliminary approval by the planning commission or county commission by March 1, 2010.
CHAPTER 16. PUBLIC HEALTH.

ARTICLE 13E. COMMUNITY ENHANCEMENT ACT.
§16-13E-2. Definitions.
For purposes of this article:
(a) 'Assessment bonds' means special obligation bonds or notes issued by a community enhancement district which are payable from the proceeds of assessments.
(b) 'Assessment' means the fee, including interest, paid by the owner of real property located within a community enhancement district to pay for the cost of a project or projects constructed upon or benefitting or protecting such property and administrative expenses related thereto, which fee is in addition to all taxes and other fees levied on the property.
(c) 'Board' means a Community Enhancement Board created pursuant to this article.
(d) 'Code' means the Code of West Virginia, 1931, as amended.
(e) (d) 'Community enhancement district' or 'district' means a community enhancement district created pursuant to this article.
(f) (e) 'Cost' means the cost of:
(1) Construction, reconstruction, renovation and acquisition of all lands, structures, real or personal property, rights, rights-of-way, franchises, easements and interests acquired or to be acquired by the district;
(2) All machinery and equipment, including machinery and equipment needed to expand or enhance county or city services to the district;
(3) Financing charges and interest prior to and during construction and, if deemed advisable by the district or governing body, for a limited period after completion of the construction;
(4) Interest and reserves for principal and interest, including costs of municipal bond insurance and any other type of financial guaranty;
(5) Costs of issuance in connection with the issuance of assessment bonds;
(6) The design of extensions, enlargements, additions and improvements to the facilities of any district;
(7) Architectural, engineering, financial and legal services;
(8) Plans, specifications, studies, surveys and estimates of costs and revenues;
(9) Administrative expenses necessary or incident to determining to proceed with any project; and
(10) Other expenses as may be necessary or incident to the construction, acquisition and financing of a project.
(g) 'County commission' means the governing body of a county as defined in section one, article one, chapter seven of this code.
(f) 'Development concept' means the following items, to the extent set forth or specified in the subject subdivision or land development plan and plat:
(1) The maximum aggregate number of lots or parcels into which the subject land is to be subdivided.
(2) The size and boundaries of the individual lots or parcels into which the subject land is to be subdivided.
(3) The density of the land development.
(4) Designation of use of the individual lots or parcels.
(5) The location of roads, streets, parking lots, sidewalks and other paved areas.
(6) The location of ingress and egress for the land development.
(7) Setback lines and distances and buildable areas.
(8) The finished layout and grade of the land.
(g) 'Development concept vesting period' means the period commencing upon approval of the subject land development plan and plat by the planning commission and terminating on the maturity date of the subject assessment bonds or tax increment financing obligation. The development concept vesting period pertains only to the vested property right in a development concept that is established upon approval by the planning commission of a land development plan and plat in which a development concept is set forth or specified.
(h) 'Five-year vesting period' means the five-year vesting period for an approved land development plan and plat provided under subsection (c), section twelve, article five, chapter eight-a of this code.
(h) (i) 'Governing body' means, in the case of a county, the county commission and in the case of a municipality, the mayor and council together, the council or the board of directors as charged with the responsibility of enacting ordinances and determining the public policy of such municipality.
(i) (j) 'Governmental agency' means the state government or any agency, department, division or unit thereof; counties; municipalities; any watershed enhancement districts, soil conservation districts, sanitary districts, public service districts, drainage districts, school districts, urban renewal authorities or regional governmental authorities established pursuant to this code.
(j) 'Municipality' means a municipality as defined in section two, article one, chapter eight of this code.
(k) 'Person' means an individual, firm, partnership, corporation, voluntary association or any other type of entity.
(l) 'Project' means the design, construction, reconstruction, establishment, acquisition, improvement, renovation, extension, enlargement, equipping, maintenance, repair (including replacements) and start-up operation of water source of supply, treatment, transmission and distribution facilities, sewage treatment, collection and transmission facilities, stormwater systems, police stations, fire stations, libraries, museums, schools, other public buildings, hospitals, piers, docks, terminals, drainage systems, culverts, streets, roads, bridges (including approaches, causeways, viaducts, underpasses and connecting roadways), motor vehicle parking facilities (including parking lots, buildings, ramps, curb-line parking, meters and other facilities deemed necessary, appropriate, useful, convenient or incidental to the regulation, control and parking of motor vehicles), public transportation, public recreation centers, public recreation parks, swimming pools, tennis courts, golf courses, equine facilities, motor vehicle competition and recreational facilities, flood protection or relief projects, or the grading, regrading, paving, repaving, surfacing, resurfacing, curbing, recurbing, widening, lighting or otherwise improving any street, avenue, road, highway, alley or way, or the building or renewing of sidewalks and flood protection; and the terms shall mean and include any project as a whole, and all integral parts thereof, including all necessary, appropriate, useful, convenient or incidental appurtenances and equipment in connection with any one or more of the above.
§16-13E-4. Petition for creation or expansion of community enhancement district; petition requirements.

(a) The owners of at least sixty-one percent of the real property, determined by acreage, located within the boundaries of the area described in the petition, by metes and bounds or otherwise in a manner sufficient to describe the area, may petition a governing body to create or expand a community enhancement district.
(b) The petition for the creation or expansion of a community enhancement district shall include, where applicable, the following:
(1) The proposed name and proposed boundaries of such district and a list of the names and addresses of all owners of real property within the proposed district;
(2) A detailed project description;
(3) A map showing the proposed project, including all proposed improvements;
(4) A list of estimated project costs and the preliminary plans and specifications for such improvements, if available;
(5) A list of nonproject costs and how they will be financed;
(6) A consultant study outlining the projected assessments, setting forth the methodology for determining the assessments and the methodology for allocating portions of an initial assessment against a parcel expected to be subdivided in the future to the various lots into which the parcel will be subdivided and demonstrating that such assessments will adequately cover any debt service on bonds issued to finance the project and ongoing administrative costs;
(7) A development schedule;
(8) A list of recommended members for the board;
(9) If the project includes water, wastewater or sewer improvements, written evidence from the utility or utilities that will provide service to the district, if any, that said utility or utilities:
(A) Currently has adequate capacity to provide service without significant upgrades or modifications to its treatment, storage or source of supply facilities, except facilities which the community enhancement district will provide as described in the petition;
(B) Will review and approve all plans and specifications for the improvements to determine that the improvements conform to the utility's reasonable requirements and, if the improvement consists of water transmission or distribution facilities, that the improvements provide for adequate fire protection for the district; and
(C) If built in conformance with said plans and specifications, will accept the improvements following their completion, unless such projects are to be owned by the district;
(10) If the project includes improvements other than as set forth in subdivision (9) of this subsection that will be transferred to another governmental agency, written evidence that such agency will accept such transfer, unless such projects are to be owned by the district;
(11) The benefits that can be expected from the creation of the district and the project; and
(12) A certification from each owner of real property within the proposed district who joins in the petition that he or she is granting an assessment against his or her property in such an amount as to pay for the costs of the project and granting a lien for said amount upon said property enforceable in accordance with the provisions of this article.
(c) After reviewing the petition presented pursuant to this section, the governing body may by order or ordinance determine the necessity and economic feasibility of creating a community enhancement district and developing, constructing, acquiring, improving or extending a project therein. If the governing body determines that the creation of a community enhancement district and construction of the project is necessary and economically feasible, it shall set a date for the public meeting required under section five of this article and shall cause the petition to be filed with the clerk of the county commission or the clerk or recorder of the municipality, as the case may be, and be made available for inspection by interested persons before the meeting.
(d) Notwithstanding any other contrary provision of this article, to the contrary nothing in this article shall modify:
(1) The jurisdiction of the Public Service Commission to determine the convenience and necessity of the construction of utility facilities, to resolve disputes between utilities relating to which utility should provide service to a district or otherwise to regulate the orderly development of utility infrastructure in the state; or
(2) The authority of the Infrastructure and Jobs Development Council as to the funding of utility facilities to the extent that loans, loan guarantees, grants or other funding assistance from a state infrastructure agency are involved.
§16-13E-10a. Extension of vesting period for land development plans and plats; approval of phases.

(a) The five-year vesting period is extended to the development concept vesting period with respect to the development concept if: (i) The land development will be wholly contained within a community enhancement district; and (ii) either:
(A) Such community enhancement district has been created and is in existence, and such facts have been communicated to the planning commission, at the time the planning commission approves the subject land development plan and plat (whether such plan and plat is denominated final, preliminary, phased preliminary, concept or otherwise); or
(B) Such community enhancement district is created after the initial approval of the subject land development plan and plat and the planning commission subsequently ratifies the approval of such plan and plat with the knowledge of the existence of the community enhancement district; and (iii) assessment bonds or tax increment financing obligations payable from or secured by, in whole, or in part, assessments against real property located within the district are issued within the five-year vesting period.
(b) Nothing herein shall be deemed to extend or otherwise modify the five-year vesting period with respect to items other than those included in the development concept.
(c) When a land development will be wholly contained within a community enhancement district, a land development plan and plat that otherwise pertains to and seeks approval of only a portion or phase of the land development may also contain the development concept for a greater portion, multiple phases or the entirety of the land development if the plan and plat expressly so provides. Approval of a land development plan and plat by the planning commission constitutes approval of, and the establishment of a vested property right in, the entire development concept contained in the land development plan and plat.
(d) This section shall apply to all community enhancement districts, regardless of whether created prior or subsequent to enactment of this section.
"
There being no further amendments, the bill was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 390), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Cann and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 41) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 41 - " A Bill to amend and reenact §8A-5-12 of the Code of West Virginia, 1931, as amended; to amend and reenact §16-13E-2 and §16-13E-4 of said code; and to amend said code by adding thereto a new section, designated §16-13E-10a, all relating to generally to subdivision or land development plans or plats; extending the vesting period for certain subdivision or land development plans and plats; providing definitions relating to the development of community enhancement districts; and excepting from a utility's submission relating to petitions for the creation of a district the capacity of the district to provide its own utility services."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment of the House of Delegates and requested the House to recede from its amendment to
Com. Sub. for S. B. 218, Providing for early parole eligibility for certain inmates.
On motion of Delegate Boggs, the House of Delegates refused to recede from its amendment and requested the Senate to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Frazier, Wooton and Ellem.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
At 4:30 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 8:00 p.m., and reconvened at that time.

* * * * * * *

Evening Session

* * * * * * *

Conference Committee Report

Delegate Kominar, from the Committee of Conference on matters of disagreement between the two houses, as to
H. B. 4177, Dedicating five percent of coal severance tax to the county of origin,
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the amendment of the Senate to H. B. 4177, having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to the amendment of the Senate, striking out everything after the enacting clause and inserting new language, and agree to the same as follows:
That §11-13A-5a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 13A. SEVERANCE AND BUSINESS PRIVILEGE TAX ACT.
§11-13A-5a. Dedication of five percent of severance tax for benefit of counties of origin; phase in period; expenditures of funds; dedication of ten percent of oil and gas severance tax for benefit of counties and municipalities; distribution of major portion of such dedicated tax to oil and gas producing counties; distribution of minor portion of such dedicated tax to all counties and municipalities; reports; rules; special funds in the office of State Treasurer; methods and formulae for distribution of such dedicated tax; expenditure of funds by counties and municipalities for public purposes; and requiring special county and municipal budgets and reports thereon.

(a)(1) Effective July 1, 2010, one percent of the tax attributable to the severance of coal imposed by section three of this article is dedicated for the use and benefit of counties from which those taxes were generated and shall be distributed to each county as provided in this subsection. Effective July 1, 2011, two percent of the tax attributable to the severance of coal imposed by section three of this article is dedicated for the use and benefit of counties from which those taxes were generated and shall be distributed to each county as provided in this subsection. Effective July 1, 2012, three percent of the tax attributable to the severance of coal imposed by section three of this article is dedicated for the use and benefit of counties from which those taxes were generated and shall be distributed to each county as provided in this subsection. Effective July 1, 2013, four percent of the tax attributable to the severance of coal imposed by section three of this article is dedicated for the use and benefit of counties from which those taxes were generated and shall be distributed to each county as provided in this subsection. Effective July 1, 2014, and each year thereafter, five percent of the tax attributable to the severance of coal imposed by section three of this article is dedicated for the use and benefit of counties from which those taxes were generated and shall be distributed to each county as provided in this subsection.
(2) For purposes of this subsection, the tax attributable to the severance of coal imposed by section three of this article does not include the thirty-five one hundredths of one percent additional severance tax on coal imposed by the state for the benefit of counties and municipalities as provided in section six of this article.
(3) The percentage authorized in this subsection shall be deposited into a special fund known as the "County Severance Revenue Fund" which is hereby established in the state treasury, and from that fund shall be distributed by the state Treasurer in the manner specified in this subsection to the various counties of this state in which the coal upon which the tax imposed by section three of this article is imposed was located at the time it was removed from the ground. The moneys shall be distributed to the county commissions and used only for:
(A) Projects through economic development authorities and redevelopment authorities;
(B) Infrastructure;
(C) Job creation;
(D) Road repair;
(E) Public health systems; and
(F) As pledge to the payment of bond indebtedness for projects related to paragraphs (A) through (E) of this subdivision.
(4)(A) No distribution made to a county under this subsection may be deposited into the county's general revenue fund. The county commission of each county receiving a distribution under this subsection shall establish a special account to be known as the "(name of county) 5% Special Coal Severance Account" into which all distributions made under this subsection shall be deposited and thereafter expended by the county commission as provided by this subsection.
(B) On or before October 1, 2011, and October 1 of each year thereafter, the county commission of each county receiving a distribution of funds under this subsection shall report to the Legislature on the use made of those funds during the next preceding fiscal year.
(a) (b) Effective July 1, 1996, five percent of the tax attributable to the severance of oil and gas imposed by section three-a of this article is hereby dedicated for the use and benefit of counties and municipalities within this state and shall be distributed to the counties and municipalities as provided in this section. Effective the July 1, 1997, and thereafter, ten percent of the tax attributable to the severance of oil and gas imposed by section three-a of this article is hereby dedicated for the use and benefit of counties and municipalities within this state and shall be distributed to the counties and municipalities as provided in this section.
(b) (c) Seventy-five percent of this dedicated tax shall be distributed by the state Treasurer in the manner specified in this section to the various counties of this state in which the oil and gas upon which this additional tax is imposed was located at the time it was removed from the ground. Those counties are referred to in this section as the "oil and gas producing counties". The remaining twenty-five percent of the net proceeds of this additional tax on oil and gas shall be distributed among all the counties and municipalities of this state in the manner specified in this section.
(c) (d) The Tax Commissioner is hereby granted plenary power and authority to promulgate reasonable rules requiring the furnishing by oil and gas producers of such additional information as may be necessary to compute the allocation required under the provisions of subsection (f) (g) of this section. The Tax Commissioner is also hereby granted plenary power and authority to promulgate such other reasonable rules as may be necessary to implement the provisions of this section.
(d) (e) In order to provide a procedure for the distribution of seventy-five percent of the dedicated tax on oil and gas to the oil and gas producing counties, the special fund known as the oil and gas county revenue fund established in the State Treasurer's office by chapter two hundred forty- two, Acts of the Legislature, regular session, 1995, as amended and reenacted in the subsequent Act of the Legislature, is hereby continued. In order to provide a procedure for the distribution of the remaining twenty-five percent of the dedicated tax on oil and gas to all counties and municipalities of the state, without regard to oil and gas having been produced in those counties or municipalities, the special fund known as the "All Counties and Municipalities Revenue Fund" established in the State Treasurer's office by chapter two hundred forty-two, Acts of the Legislature, regular session, 1995, as amended and reenacted in the subsequent Act of the Legislature, is hereby redesignated as the "All Counties and Municipalities Oil and Gas Revenue Fund" and is hereby continued.
Seventy-five percent of the dedicated tax on oil and gas shall be deposited in the "Oil and Gas County Revenue Fund" and twenty-five percent of the dedicated tax on oil and gas shall be deposited in the "All Counties and Municipalities Oil and Gas Revenue Fund", from time to time, as the proceeds are received by the Tax Commissioner. The moneys in the funds shall be distributed to the respective counties and municipalities entitled to the moneys in the manner set forth in subsection (e) (f) of this section.
(e) (f) The moneys in the "Oil and Gas County Revenue Fund" and the moneys in the "All Counties and Municipalities Oil and Gas Revenue Fund" shall be allocated among and distributed annually to the counties and municipalities entitled to the moneys by the state Treasurer in the manner specified in this section. On or before each distribution date, the state Treasurer shall determine the total amount of moneys in each fund which will be available for distribution to the respective counties and municipalities entitled to the moneys on that distribution date. The amount to which an oil and gas producing county is entitled from the "Oil and Gas County Revenue Fund" shall be determined in accordance with subsection (f) (g) of this section, and the amount to which every county and municipality shall be entitled from the "All Counties and Municipalities Oil and Gas Revenue Fund" shall be determined in accordance with subsection (g) (h) of this section. After determining, as set forth in subsections (f) and (g) (g) and (h) of this section, the amount each county and municipality is entitled to receive from the respective fund or funds, a warrant of the State Auditor for the sum due to the county or municipality shall issue and a check drawn thereon making payment of the sum shall thereafter be distributed to the county or municipality.
(f) (g) The amount to which an oil and gas producing county is entitled from the oil and gas county revenue fund shall be determined by:
(1) In the case of moneys derived from tax on the severance of gas:
(A) Dividing the total amount of moneys in the fund derived from tax on the severance of gas then available for distribution by the total volume of cubic feet of gas extracted in this state during the preceding year; and
(B) Multiplying the quotient thus obtained by the number of cubic feet of gas taken from the ground in the county during the preceding year; and
(2) In the case of moneys derived from tax on the severance of oil:
(A) Dividing the total amount of moneys in the fund derived from tax on the severance of oil then available for distribution by the total number of barrels of oil extracted in this state during the preceding year; and
(B) Multiplying the quotient thus obtained by the number of barrels of oil taken from the ground in the county during the preceding year.
(g) (h) The amount to which each county and municipality is entitled from the "All Counties and Municipalities Oil and Gas Revenue Fund" shall be determined in accordance with the provisions of this subsection. For purposes of this subsection "population" means the population as determined by the most recent decennial census taken under the authority of the United States:
(1) The Treasurer shall first apportion the total amount of moneys available in the all counties and municipalities oil and gas revenue fund by multiplying the total amount in the fund by the percentage which the population of each county bears to the total population of the state. The amount thus apportioned for each county is the county's "base share".
(2) Each county's base share shall then be subdivided into two portions. One portion is determined by multiplying the base share by that percentage which the total population of all unincorporated areas within the county bears to the total population of the county, and the other portion is determined by multiplying the base share by that percentage which the total population of all municipalities within the county bears to the total population of the county. The former portion shall be paid to the county and the latter portion shall be the "municipalities' portion" of the county's base share. The percentage of the latter portion to which each municipality in the county is entitled shall be determined by multiplying the total of the latter portion by the percentage which the population of each municipality within the county bears to the total population of all municipalities within the county.
(h) (i) Moneys distributed to any county or municipality under the provisions of this section, from either or both special funds, shall be deposited in the county or municipal general fund and may be expended by the county commission or governing body of the municipality for such purposes as the county commission or governing body shall determine to be in the best interest of its respective county or municipality: Provided, That in counties with population in excess of two hundred thousand, at least seventy-five percent of the funds received from the Oil and Gas County Revenue Fund shall be apportioned to and expended within the oil and gas producing area or areas of the county, the oil and gas producing areas of each county to be determined generally by the State Tax Commissioner: Provided, however, That the moneys distributed to any county or municipality under the provisions of this section shall not be budgeted for personal services in an amount to exceed one- fourth of the total amount of the moneys.
(i) (j) On or before March 28, 1997, and each March 28 thereafter, each county commission or governing body of a municipality receiving any such moneys shall submit to the Tax Commissioner on forms provided by the Tax Commissioner a special budget, detailing how the moneys are to be spent during the subsequent fiscal year. The budget shall be followed in expending the moneys unless a subsequent budget is approved by the State Tax Commissioner. All unexpended balances remaining in the county or municipality general fund at the close of a fiscal year shall remain in the General Fund and may be expended by the county or municipality without restriction.
(j) (k) On or before December 15, 1996, and each December 15 thereafter, the Tax Commissioner shall deliver to the Clerk of the Senate and the Clerk of the House of Delegates a consolidated report of the budgets, created by subsection (i) (j) of this section, for all county commissions and municipalities as of July 15 of the current year.
(k) (l) The State Tax Commissioner shall retain for the benefit of the state from the dedicated tax attributable to the severance of oil and gas the amount of $35,000 annually as a fee for the administration of the additional tax by the Tax Commissioner.
And,
That both houses recede from their positions as to the title of the bill and agree to the same as follows:
H. B. 4177 - A BILL to amend and reenact §11-13A-5a of the Code of West Virginia, 1931, as amended, relating to dedicating five percent of coal severance tax to the county of origin as phased in over a five year period and providing permissible uses for the moneys.
Respectfully submitted,


K. Steven Kominar,
John Pat Fanning,


Jeff Eldridge,
Randy White,


Ron Walters,
Karen L. Facemyer,



Conferees on the part
Conferees on the part

of the House of Delegates.
of the Senate.


On motion of Delegate Kominar, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 391), and there were--yeas 92, nays 1, absent and not voting 7, with the nays and absent and not voting being as follows:
Nays: Sobonya.
Absent And Not Voting: Argento, Cann, Ennis, Lawrence, Phillips, M. Poling and Ross.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4177) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect July 1, 2010, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4031, Providing flexibility in the West Virginia public school support plan for funding regional education service agencies.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:

On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-8a. Foundation allowance for regional education service agencies.
(a) For the fiscal year beginning on July 1, two thousand six, and for each fiscal year thereafter, Subject to subsections (b) and (c) of this section, for each fiscal year, the foundation allowance for regional education service agencies shall be equal to sixty-three one-hundredths percent of the sum of the following:
(1) The allocation for professional educators as determined in section four of this article; plus
(2) The allocation for professional student support personnel as determined in section eight of this article.
(b) but The foundation allowance for regional education service agencies may not be more than four million two hundred thousand dollars.
(c) When the state's fiscal conditions necessitate a reduction in appropriation for state agencies including the Department of Education, the amount of this foundation allowance determined pursuant to subsections (a) and (b) of this section may be reduced by the same percentage as the appropriation to the Department of Education is reduced. For fiscal years after any reductions in the foundation allowance pursuant to this subsection occur, the amount of the foundation allowance shall be restored to the amounts determined pursuant to subsections (a) and (b) of this section.
(d) The allowance shall be distributed to the regional education service agencies in accordance with rules adopted by the state board.
(e) The allowance for regional education service agencies shall be excluded from the computation of total basic state aid as provided in section twelve of this article."
And by amending the title of the bill to read as follows:
Com. Sub. for H. B. 4031 - "A Bill to amend and reenact §18-9A-8a of the Code of West Virginia, 1931, as amended, relating to the foundation allowance for regional education service agencies; including the allocation for professional student support personnel in the calculation of the allowance; and allowing reduction in allowance when the state's fiscal conditions necessitate a reduction in appropriation for state agencies including the Department of Education."
On motion of Delegate Boggs, the House of Delegates refused to concur in the Senate amendment and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of five from each house on the disagreeing votes of the two houses as to
Com. Sub. for H. B. 4513, Establishing requirements for Marcellus gas well operations use of water resources.
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators Green, Stollings, D. Facemire, Williams and Deem.
On motion of Delegate Boggs, the House of Delegates agreed to the appointment of a Committee of Conference of five from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Manchin, Caputo, Hutchins Wells and Schadler.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Conference Committee Report Availability

At 8:18 p.m., the Clerk announced availability in his office of the report of the Committee of Conference on H. B. 4593.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment of the House of Delegates and requested the House to recede from its amendment to
Com. Sub. for S. B. 567, Creating Nonprofit Adventure and Recreational Responsibility Act.
On motion of Delegate Boggs, the House of Delegates refused to recede from its amendment and requested the Senate to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Shook, Frazier and Ellem.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegates Lawrence and Phillips announced that they were absent when the vote was taken on Roll No. 391, and that had they been present, they would have voted "Yea" thereon.
Conference Committee Report Availability

At 8:27 p.m., the Clerk announced availability in his office of the report of the Committee of Conference on Com. Sub. for S. B. 480.

Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendments of the House of Delegates and the passage, as amended, of
S. B. 41, Relating to community enhancement districts,
S. B. 122, Increasing mental health treatment refusal age of consent,
S. B. 169, Relating to Economic Development Authority loans' criteria,
Com. Sub. for S. B. 232, Transferring certain requirements for redeeming delinquent land sales from county clerks to State Auditor,
Com. Sub. for S. B. 238, Relating to mineral rights' benefits,
Com. Sub. for S. B. 290, Providing fiduciary commissioner oversight.
Com. Sub. for S. B. 352, Creating WV Community Empowerment Transportation Act,
Com. Sub. for S. B. 394, Authorizing DMV use certain program to identify uninsured vehicles,
Com. Sub. for S. B. 396, Updating commercial driver's license requirements,
Com. Sub. for S. B. 397, Creating single dwelling residential housing index and multiplier,
Com. Sub. for S. B. 401, Relating to ad valorem property taxes,
Com. Sub. for S. B. 407, Authorizing Department of Revenue promulgate legislative rules,
Com. Sub. for S. B. 435, Relating to speed-detecting device use law,
S. B. 453, Providing State Register subscribers electronic format option,
Com. Sub. for S. B. 465, Relating to utility service disconnection,
Com. Sub. for S. B. 483, Authorizing HMOs offer point of service option,
Com. Sub. for S. B. 518, Relating to osteopathic physician assistants,
Com. Sub. for S. B. 557, Clarifying legislative vacancy procedures,
S. B. 610, Extending statutory exemption to certain out-of-school time programs,
S. B. 664, Relating to duties of protected person's guardian,
And,
S. B. 698, Relating to mini-trucks' registration and certificate of title requirements.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the title amendment of the House of Delegates and the passage, as amended, of
Com. Sub. for S. B. 229, Authorizing School Building Authority issue certain outstanding bonds.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendments of the House of Delegates and the passage, as amended, to take effect from passage, of

Com. Sub. for S. B. 286, Authorizing DHHR promulgate legislative rules,
Com. Sub. for S. B. for S. B. 291, Authorizing Department of Transportation promulgate legislative rules,
S. B. 612, Authorizing Governor certify certain capital improvement projects' lists,
And,
Com. Sub. for S. B. 669, Allowing municipalities to operate teen courts.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the title amendments of the House of Delegates and the passage, as amended, of
S. B. 350, Recategorizing recycled energy as renewable energy resource,
Com. Sub. for S. B. 449, Relating to PEIA preexisting conditions limitations,
And,
Com. Sub. for S. B. 649, Establishing motor vehicle search criteria.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendments of the House of Delegates and the passage, as amended, to take effect July 1, 2010, of
Com. Sub. for S. B. 427, Renaming and reorganizing Parkways, Economic Development and Tourism Authority.
And,
Com. Sub. for S. B. 70, Relating to municipalities and counties issuing bonds.
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
Com. Sub. for S. B. 577, Clarifying definition of "raffle".
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 392), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Walters.
Absent And Not Voting: Argento, Cann and Ross.
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. 577) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had agreed to the appointment of a conference committee of three from each house on the disagreeing votes of the two houses, as to
Com. Sub. for S. B. 567, Creating Nonprofit Adventure and Recreational Responsibility Act.
The message further announced the appointment of the following conferees on the part of the Senate:
Senators Laird, Palumbo and Barnes.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment,
to take effect from passage, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4108, Authorizing miscellaneous agencies and boards to promulgate legislative rules.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO PROMULGATE LEGISLATIVE RULES.

§64-9-1. State Board of Examiners for Licensed Practical Nurses.
The legislative rule filed in the state register on the July 9, 2009, authorized under the authority of section five, article seven-a, chapter thirty, of this code, modified by the State Board of Examiners for Licensed Practical Nurses to meet the objections of the legislative rule-making review committee and refiled in the state register on October 19, 2009, relating to the State Board of Examiners for Licensed Practical Nurses (policies and procedures for development and maintenance of educational programs in practical nursing, 10 CSR 1), is authorized.
§64-9-2. Board of Examiners in Counseling.
(a) The legislative rule filed in the state register on July 31, 2009, authorized under the authority of section six, article thirty-one, chapter thirty, of this code, modified by the Board of Examiners in Counseling to meet the objections of the legislative rule-making review committee and refiled in the state register on November 25, 2009, relating to the Board of Examiners in Counseling (licensed professional counselor fees, 27 CSR 2), is authorized.
(b) The legislative rule filed in the state register on July 31, 2009, authorized under the authority of section six, article thirty-one, chapter thirty, of this code, modified by the Board of Examiners in Counseling to meet the objections of the legislative rule-making review committee and refiled in the state register on October 19, 2009, relating to the Board of Examiners in Counseling (licensed professional counselor license renewal and continuing professional education requirements, 27 CSR 3), is authorized with the following amendment:
On page one, subsection 1.2., by striking out "§30-31-5(b)(18)" and inserting in lieu thereof "§30-31-6".
(c) The legislative rule filed in the state register on July 31, 2009, authorized under the authority of section six, article thirty-one, chapter thirty, of this code, modified by the Board of Examiners in Counseling to meet the objections of the legislative rule-making review committee and refiled in the state register on November 25, 2009, relating to the Board of Examiners in Counseling (marriage and family therapists licensing, 27 CSR 8), is authorized.
(d) The legislative rule filed in the state register on July 31, 2009, authorized under the authority of section six, article thirty-one, chapter thirty, of this code, modified by the Board of Examiners in Counseling to meet the objections of the legislative rule-making review committee and refiled in the state register on November 25, 2009, relating to the Board of Examiners in Counseling (marriage and family therapists fees, 27 CSR 9), is authorized.
(e) The legislative rule filed in the state register on July 31, 2009, authorized under the authority of section six, article thirty-one, chapter thirty, of this code, modified by the Board of Examiners in Counseling to meet the objections of the legislative rule-making review committee and refiled in the state register on October 19, 2009, relating to the Board of Examiners in Counseling (marriage and family license renewal and continuing professional education, 27 CSR 10), is authorized with the following amendments:
On page one, subsection 1.2., by striking out "§30-31-5(b)" and inserting in lieu thereof "§30-31-6".
On page one section 2.1, by striking the words "of Marriage and Family Therapist and code of ethics." and inserting in lieu thereof the following words, "for Marriage and Family Therapy Code of Ethics.";
On page two section 2.7 by striking the words, "you attend" and inserting in lieu thereof the word, "attended";
On page three section 4.1, striking the word "Therapist" and inserting in lieu of the word, "Therapy";
On page four section 4.9 striking the word "therapist" and inserting in lieu of the following word, "therapy";
On page four section 4.10 striking the words, "of Marriage and Family Therapist" and inserting in lieu thereof the following words, "for Marriage and Family Therapy";
On page six, subparagraph (I) by striking the apostrophe;
On page seven, subparagraph (D) by striking the apostrophe;
On page eight paragraph 6 by striking the words, "of Marriage and Family Therapist" and inserting in lieu thereof the following words, "for Marriage and Family Therapy";
On page nine, subparagraph (C) by striking out the words, "of Marriage and Family Therapist" and inserting in lieu of the following words, "for Marriage and Family Therapy".
§64-9-3. Board of Medicine.

The legislative rule filed in the state register on July 30, 2009, authorized under the authority of section seven, article three, chapter thirty, of this code, relating to the Board of Medicine (fees for services rendered by the Board of Medicine including assistance to the Board-designated physician health program for physicians, podiatrists and physician assistants, 11 CSR 4), is authorized.
§64-9-4. Conservation Agency.
The legislative rule filed in the state register on July 29, 2009, authorized under the authority of section six, article twenty-one-a, chapter nineteen, of this code, modified by the Conservation Agency to meet the objections of the legislative rule-making review committee and refiled in the state register on October 23, 2009, relating to the Conservation Agency (operation of the West Virginia State Conservation Committee and conservation districts, 63 CSR 1), is authorized.
§64-9-5. Commissioner of Agriculture.
(a) The legislative rule filed in the state register on July 28, 2009, authorized under the authority of section two, article nine, chapter nineteen, of this code, modified by the Commissioner of Agriculture to meet the objections of the legislative rule-making review committee and refiled in the state register on September 22, 2009, relating to the Commissioner of Agriculture (animal disease control, 61 CSR 1), is authorized.
(b) The legislative rule filed in the state register on July 21, 2009, authorized under the authority of section four, article sixteen-a, chapter nineteen, of this code, modified by the Commissioner of Agriculture to meet the objections of the legislative rule-making review committee and refiled in the state register on September 4, 2009, relating to the Commissioner of Agriculture (integrated pest management programs in schools and child care centers and facilities, 61 CSR 12J), is authorized.
(c) The legislative rule filed in the state register on July 31, 2009, authorized under the authority of section one, article twenty-nine, chapter nineteen, of this code, modified by the Commissioner of Agriculture to meet the objections of the legislative rule-making review committee and refiled in the state register on September 23, 2009, relating to the Commissioner of Agriculture (West Virginia shellfish, 61 CSR 23B), is authorized with the following amendments:
On page four, by striking out subdivision 4.1.i. in its entirety and inserting in lieu thereof a new subdivision 4.1.i. to read as follows:
"Refer violations to a court of competent jurisdiction for the violation of this rule as allowed under West Virginia laws. Nothing in this rule shall be construed as requiring the commissioner to report for prosecution or institute an embargo, detainment or quarantine for the violation of this rule when he or she believes that the public interest may best be served by a written notice of the violation."
On page six, after subdivision 7.1.j. by adding a new subsection, designated 7.2 to read as follows:
"7.2. Any person who violates the provisions of this rule shall have his or her Shellfish Certificate suspended until the facility is in compliance with the provisions of this rule.";
On pages six and seven, by striking §61-23A-8 in its entirety;
And, by renumbering the remaining section.
(d) The legislative rule filed in the state register on July 15, 2009, authorized under the authority of section six, article twenty-nine, chapter nineteen, of this code, modified by the Commissioner of Agriculture to meet the objections of the legislative rule-making review committee and refiled in the state register on January 14, 2010, relating to the Commissioner of Agriculture (best management practices for land application of waste products from aquaculture facilities, 61 CSR 27), is authorized.
§64-9-6. Board of Barbers and Cosmetologists.
(a) The legislative rule filed in the state register on July 31, 2009, authorized under the authority of section six, article twenty-seven, chapter thirty, of this code, modified by the Board of Barbers and Cosmetologists to meet the objections of the legislative rule-making review committee and refiled in the state register on December 14, 2009, relating to the Board of Barbers and Cosmetologists (qualifications, training, examination and licensure of instructors in barbering and beauty culture, 3 CSR 2), is authorized with the following amendments:
On page one, after the caption "SERIES 2", by striking out the word "Licensure" and inserting in lieu thereof the word "Certification";
On page one, subsection 1.1, by striking out the word "licensure" and inserting in lieu thereof the word "certification";
On page one, in the "§3-2-2" caption, by striking out the word "Licensure" and inserting in lieu thereof the word "Certification".
On page one, subsection 2.1, by striking out said subsection 2.1 in its entirety and inserting in lieu thereof a new subsection 2.1 to read as follows:
2.1. An individual seeking certification must:;
On page one, subdivision 2.1.3, by striking out the word "offered" and inserting in lieu thereof the word "approved".
On page two, subdivision 2.1.9, by striking out said subdivision 2.1.9 in its entirety and inserting in lieu thereof a new subdivision 2.1.9 to read as follows:
"2.1.9. Submit a letter from a school owner or manager certifying that the applicant has completed 375 hours of instructor training and attesting to the applicant's professional capabilities."
On page two, subdivision 2.1.11, at the beginning of said subdivision, by striking out the word "Must";
On page two, subdivision 2.1.12, at the beginning of said subdivision, by striking out the word "Must";
On page two, subdivision 2.1.13, by striking out the word "license" and inserting in lieu thereof the word "certification";
On page two, subsection 3.1, by striking out the word "licensure" and inserting in lieu thereof the word "certification";
On page two, subdivision 3.1.1, by striking out the word "Licensure" and inserting in lieu thereof the word "Certification";
On page two, subdivision 3.1.6, by striking out said subdivision 3.1.6 in its entirety and inserting in lieu thereof a new subdivision 3.1.6 to read as follows:
"3.1.6. Submit a letter from a school owner or manager certifying that the applicant has completed 375 hours of instructor training and attesting to the applicant's professional capabilities and employment and instructing experience."
On page three, subdivision 3.1.8, at the beginning of said subdivision, by striking out the word "Must";
On page three, subdivision 3.1.9, at the beginning of said subdivision, by striking out the word "Must";
On page three, subdivision 3.1.10, by striking out the word "license" and inserting in lieu thereof the word "certification";
On page three, subsection 3.2, by striking out subsection 3.2 in its entirety and inserting in lieu thereof a new subsection 3.2 to read as follows:
3.2. An instructor certification must be renewed annually or biennially on or before January 1.;
On page three, subsection 3.3, by striking out the word "registered" and inserting in lieu thereof the word "certified";
On page three, subsection 3.3, by striking out the word "license" and inserting in lieu thereof the word "certificate";
On page three, in the "§3-2-4" caption, by striking out the word "Licensure" and inserting in lieu thereof the word "Certification";
On page three, subsection 4.1, by striking out the word "licensure" and inserting in lieu thereof the word "certification";
On page three, subsection 4.1, in the last sentence, by striking out the underlined word "student";
On page four, in the "§3-2-5" caption, by striking out the word "Licensure" and inserting in lieu thereof the word "Certification";
On page four, subsection 5.2, by striking out the last sentence that reads: "This rule section applies to only 1800 hour barber graduates.";
On page five, in the "§3-2-6" caption, by striking out the word "Licensure" and inserting in lieu thereof the word "Certification";
On page five, by striking out subsection 6.1 in its entirety and renumbering the remaining subsections;
On page five, subsection 6.2, by striking out the word "license" and inserting in lieu thereof the words "a certificate";
On page six, by striking out subsection 7.1 in its entirety and inserting in lieu thereof a new subsection 7.1 to read as follows:
7.1. An applicant from another state seeking certification as an instructor or master instructor is eligible for certification by reciprocity if the applicant has acquired training in another state equal to the requirements established in this rule for the respective certificate requested: Provided, that the state in which said applicant is certified extends the same privilege to certified instructors from this State.;
On page six, in the "§3-2-8" caption, by striking out the word "License" and inserting in lieu thereof the word "Certificate";
On page six, subsection 8.1, by striking out the word "license" and inserting in lieu thereof the word "certificate";
On page six, subsection 8.2, by striking out the word 'whose' and inserting in lieu thereof the words "who is";
On page six, subsection 8.2, by striking out the word "licensed" and inserting in lieu thereof the word "certified";
And,
On page six, subsection 9.1, by striking out the words "contested case".
(b) The legislative rule filed in the state register on July 31, 2009, authorized under the authority of section six, article twenty-seven, chapter thirty, of this code, modified by the Board of Barbers and Cosmetologists to meet the objections of the legislative rule-making review committee and refiled in the state register on December 14, 2009, relating to the Board of Barbers and Cosmetologists (licensing schools of barbering and beauty culture, 3 CSR 3), is authorized with the following amendments:
On page one, subdivision 2.1.d, by striking said subdivision 2.1.d in its entirety and inserting in lieu thereof a new subdivision 2.1.d to read as follows:
"The applicant has employed or contracted with at least 2 licensed master instructors, and such additional licensed instructors as necessary to meet the instructor-to-student ratio requirements of 3 CSR 4 (Title 3, Legislative Rule of the Board of Barbers and Cosmetologists, Series 4, Operational Standards for Schools of Barbering and Beauty Culture).";
On page two, subdivision 3.1.5, by striking out subdivision 3.1.5 in its entirety and inserting in lieu thereof a new subdivision 3.1.5 to read as follows:
3.1.5. A copy of a proposed floor plan of the school, which arrangement shall have at least two (2) classrooms for each profession taught and a room for clinical and demonstration work. On page three, subdivision 3.1.13, by striking said subdivision 3.1.13 in its entirety and inserting in lieu thereof a new subdivision 3.1.13 to read as follows:
"A statement by the applicant that the school is handicapped accessible.";
On page four, subsection 3.6, by striking said subsection 3.6 in its entirety and inserting in lieu thereof a new subsection 3.6 to read as follows:
"Applicants who acquire or relocate an existing school must meet the requirements set forth in this section.";
On page four, subsection 4.4, after the words "The Board" by striking the word "shall" and inserting in lieu thereof the word 'may', and after the words "general grounds" by inserting the word "suspend,"; and
On page four, subdivision 4.4.3, by striking said subdivision 4.4.3 in its entirety and inserting in lieu thereof a new subdivision 4.4.3 to read as follows:
"A licensee, owner, administrator, manager, director or other key interested party is convicted of a felony or misdemeanor relating to the school or its operation.".
(c) The legislative rule filed in the state register on July 31, 2009, authorized under the authority of section six, article twenty-seven, chapter thirty, of this code, modified by the Board of Barbers and Cosmetologists to meet the objections of the legislative rule-making review committee and refiled in the state register on December 14, 2009, relating to the Board of Barbers and Cosmetologists (operation of barber, beauty shops and schools of barbering and beauty culture, 3 CSR 5), is authorized with the following amendments:
On page one, subsection 1.1, by striking out the subsection and inserting in lieu thereof "Scope - This legislative rule governs the sanitary requirements for salons and schools licensed by the Board of Barbers and Cosmetologists.";
On page one, subsection 2.1, after the word "All", by striking out the words "barber, beauty, nail and aesthetic shops/salons or schools of barbering and beauty culture" and inserting in lieu thereof the words "salons or schools";
On page one, subsection 2.2, after the word "All", by striking out the words "shop's or school's" and inserting in lieu thereof the words "salons' and schools'";
On page one, subsection 2.2, after the word "such", by striking out the word "shop" and inserting in lieu thereof the word "salon";
On page one, subsection 2.2, after the word "such", by striking out the word "shops" and inserting in lieu thereof the word "salons";
On page one, subsection 2.3, after the word "Each", by striking out the words "barber, cosmetologist, aesthetician, nail technician/manicurist,";
On page two, subsection 2.6, by striking out the word "in" and inserting in lieu thereof the word "is";
On page two, subsection 2.8, after the word "All", by striking out the words "barber, beauty, nail and aesthetic shops/";
On page two, subsection 2.9, after the word "for", by striking out the words "barber, beauty, nail and aesthetic shops/";
On page two, subsection 2.9, after the word "in", by striking out the words "barber or beauty shops" and inserting in lieu thereof the word "salons";
On page two, subsection 2.9, by striking out the word "Shops" and inserting in lieu thereof the word "salons";
On page three, subsection 2.15, after the word "each", by striking out the word "shop" and inserting in lieu thereof the word "salon";
On page three, subsection 2.15, after the word "the", by striking out the word "shop" and inserting in lieu thereof the word "salon";
On page three, subsection 2.16, after the word "Each", by striking out the words "barber, aesthetician, nail technician/manicurist, or cosmetologist" and inserting in lieu thereof the word "licensee";
On page three, subsection 2.16, after the word "student", by striking out the words "barber, aesthetician, nail technician/manicurist, or cosmetologist";
On page three, subsection 2.16, after the word "such", by striking out the words "barber, aesthetician, nail technician/manicurist, or cosmetologist" and inserting in lieu thereof the word "licensee";
On page three, subsection 2.17, after the word "Every", by striking out the words "barber, aesthetician, nail technician/manicurist, or cosmetologist" and inserting in lieu thereof the word "licensee";
On page three, subsection 2.19, by striking out the words "marks and where possible" and inserting in lieu thereof the words "and, where possible";
On page three, subsection 2.20, by striking out subsection 2.20 in its entirety and inserting in lieu thereof a new subsection 2.20 to read as follows:
2.20. Any member of the Board, or it's inspectors may enter or inspect any barber, beauty, nail and aesthetic shops/salons or school of barbering or beauty culture during business hours to check any part of the premises in order to ascertain wether or not any part of these rules are being violated, and to take any other action necessary to properly enforce the law;
On page four, subsection 2.21, after the word "every", by striking out the words "barber, beauty, nail and aesthetic shops/salons" and inserting in lieu thereof the word "salon";
On page four, subsection 2.24, after the word "All", by striking out the words "barber, beauty, nail and aesthetic shops/salons and beauty shops or" and inserting in lieu thereof the words "salons and";
On page four, subsection 2.24, after the word "the", by striking out the word "shop" and inserting in lieu thereof the words "salon or school";
On page four, subsection 2.25, by striking out the word "have" and inserting in lieu thereof the word "operate";
On page four, subsection 2.25, after the word "the", by striking out the word "shop" and inserting in lieu thereof the word "salon";
On page four, subsection 2.26, after the word "All", by striking out the words "barber, beauty, nail and aesthetic shops/salons and shop" and inserting in lieu thereof the word "salon";
On page four, subsection 2.27, after the word "All", by striking out the words "barber, beauty, nail and aesthetic shops/salons and beauty shops" and inserting in lieu thereof the word "salons";
On page four, subsection 2.27, by striking out the words "water marks or stains,";
On page four, subsection 3.1, after the word "all", by striking out the words "barber, beauty, nail and aesthetic shops/salons, barber or beauty" and inserting in lieu thereof the words "salons and";
On page four, subsection 3.1, after the word "all", by striking out the words "licensed barbers, cosmetologists, aestheticians, nail technicians/manicurists" and inserting in lieu thereof the word "licensees";
And,
On page four, subsection 4.1, after the word "a" by striking out the words "contested case".
(d) The legislative rule filed in the state register on July 31, 2009, authorized under the authority of section six, article twenty-seven, chapter thirty, of this code, relating to the Board of Barbers and Cosmetologists (schedule of fees, 3 CSR 6), is authorized with the following amendments:
On page one, subsection 1.1, after the word "Cosmetologists" by striking out the remainder of the sentence;
And,
On page one, subsection 1.2, by striking out "§30-27-1" and inserting in lieu thereof "§30-27- 6".
(e) The legislative rule filed in the state register on July 31, 2009, authorized under the authority of section six, article twenty-seven, chapter thirty, of this code, modified by the Board of Barbers and Cosmetologists to meet the objections of the legislative rule-making review committee and refiled in the state register on December 14, 2009, relating to the Board of Barbers and Cosmetologists (schedule of fines, 3 CSR 7), is authorized with the following amendment:
On page one, section 2, after the words "any person licensed" by striking out the words "and/or licensed facility" and inserting in lieu thereof the following words "or holding a salon license";
On page ten, subsection 2.63, by striking out the word "Failure" and inserting in lieu thereof the word "Failing";
On page eleven, subsection 2.64, by striking out the word "Failure" and inserting in lieu thereof the word "Failing";
On page eleven, subsection 2.65, by striking out the words "Failure for a shop or shop owner" and inserting in lieu thereof the word "Failing";
On page eleven, subsection 2.66, by striking out the words "Failure for a shop or shop manger" and inserting in lieu thereof the word "Failing";
On page eleven, by striking out subsection 2.68 in its entirety and by renumbering the remaining subsections;
And,
On page twelve, by striking out subsections 2.71 and 2.72 in their entirety.
(f) The legislative rule filed in the state register on July 31, 2009, authorized under the authority of section six, article twenty-seven, chapter thirty, of this code, modified by the Board of Barbers and Cosmetologists to meet the objections of the legislative rule-making review committee and refiled in the state register on December 14, 2009, relating to the Board of Barbers and Cosmetologists (continuing education, 3 CSR 11), is authorized with the following amendments:
On page one, subsection 1.1, by striking out the words "barbering, cosmetology, manicuring/nail technology, and aesthetics" and inserting in lieu thereof the words "beauty culture in West Virginia";
On page one, subsection 1.2, by striking out "§30-.27-6-9" and inserting in lieu thereof "§30- 27-6".
On page one, after the section heading "§3-11-2 Definitions" by striking out everything after the said section heading and inserting in lieu thereof the following, all to read as follows:
"2.1. 'Approved academic course' means a formal course of study offered by an accredited postsecondary educational institution as it relates to the barbering, cosmetology, manicuring/nail technology, and aesthetics.
2.2. 'Approved provider' means a local, state or national agency, organization or association recognized by the Board.
2.3. 'Audit' means the selection of licensees for verification of satisfactory completion of continuing education during a specified time period, or the selection of approved providers for verification of adherence to continuing education approved provider requirements during a specified time period.
2.4. 'Beauty Culture' means the act or practice of aesthetics, barbering, barbering crossover, barber permanent waving, cosmetology, cosmetology crossover and nail care.;
2.5. 'Contact person' means a person submitting a Request for Approval Form.
2.6. 'Continuing education' means planned, organized learning activities engaged in following initial licensure and designed to maintain, improve, or expand beauty knowledge and skills or to develop new knowledge and skills related to beauty culture practice, education, or theory development.
2.7. 'Continuing education activity' means a learning activity that is planned, organized and administered to enhance the professional knowledge and skills underlying the professional performance that the licensee uses to provide services the public. To qualify as continuing education, the activity must provide sufficient depth and scope of a subject area.
2.8. 'Continuing education credit' means credit earned for completing a continuing education activity, expressed in units as provided in section 3.1 of this rule.
2.9. 'Continuing Education Provider License' means a licensed provider of continuing education.
2.10. 'Documentation' means proof of participation in a continuing education activity.
2.11. 'Formal offering' means an extension course, independent study, or other course which is offered, for college credit, by a recognized educational institution.
2.12. 'Informal offering' means a workshop, seminar, institute, conference, lecture, or short term course, which is offered for credit in continuing education units.
2.13. 'Objectives' means an expression in measurable and observable terms of what the participant will learn as a result of the educational activity.
2.14. 'Sponsor' means an organization, including professional societies, academic institutions, individuals, corporations, or governmental agencies, which plans, organizes, supports, endorses, subsidizes and/or administers educational activities, and is responsible for the content, quality and integrity of the educational activity.
§3-11-3. Continuing Education.
3.1. Each applicant for renewal or reinstatement of a license shall verify that he or she has satisfactorily completed four (4) credits of continuing education during the prescribed year reporting period.
3.1.a. Units of measurement for continuing education credits are calculated as follows:
30 to 49 minutes = 0.5 CE credits
50 to 74 minutes = 1 CE credits
75 to 99 minutes = 1.5 CE credits
100 minutes = 2 CE credits
Activities lasting less than 30 minutes are not eligible for credit.
3.1.b. Writing an article which is published in a magazine directly related to the profession will qualify for 4 credits of continuing education within the continuing education reporting period. A copy of the article must be maintained by the licensee for a period of 3 years following the continuing education activity.
3.2. Credits may not be granted for identical continuing education activities submitted during any single year reporting period. Credits may not be accumulated for use in a future single year reporting period.
3.3. Documentation of continuing education credits must be submitted with applications for license renewal.
§3-11-4. Exceptions to Continuing Education Requirements.
4.1. Reciprocity applicants and newly licensed applicants are exempt from the continuing education requirements until the first renewal period after initial West Virginia licensure.
4.2. A licensee who resides outside of West Virginia and who holds a current license to practice in a state other than West Virginia shall satisfy the continuing education requirements for West Virginia in order to renew his or her license in this state.
4.3. The Board may grant a waiver to a licensee who has a physical or mental disability or illness or who is providing direct care to a member of his or her immediate family during all or a portion of the reporting period. A waiver provides for an extension of time or exception from some or all of the continuing education requirements. Any licensee may request an application for a waiver from the Board. The Board may approve or deny an application for waiver after review of the application. The Board may not grant a waiver of continuing education requirements for more than one (1) year reporting period.
§3-11-5. Failure to Meet Requirements or Exceptions to Requirements.

5.1. The Board may place the licensee on inactive status without penalty and may waive the continuing education requirements, providing that the licensee notifies the Board in writing of his or her desire to have the Board place his or her license on inactive status before the last day of the reporting period.
5.2. The Board may suspend the license of any person who fails to notify the Board, in writing, prior to the last day of the reporting period that he or she wishes to place his or her license on the inactive status.
§3-11-6. Reinstatement of a License on Inactive Status or Issuance of a Probational Temporary License.

6.1. A person wishing to reinstate a license from inactive status or from suspended status shall:
6.1.a. Make application for reinstatement of the license from inactive status or suspended status;
6.1.b. Meet the continuing education requirements as set forth in this rule; and
6.1.c. Pay the fee for reinstatement suspended license as specified in the Board's rule, Schedule of fees for services rendered.
§3-11-7. Audit of Licensee.
7.1 The Board may select any licensee who holds a current license to audit for compliance with continuing education requirements no fewer than 60 days prior to the expiration of the license.
7.2. To comply with the audit request from the Board, a licensee shall submit legible copies of certificates of attendance at continuing education activities.
7.3. The licensee shall submit the required documents within thirty (30) days of the date he or she receives notification of the audit. The Board may grant an extension of time for submission of the documents, on an individual basis in cases of hardship, if the licensee makes a written request for an extension of time and provides justification for such the request.
7.4. Licensees shall keep certificates of attendance at continuing education activities, letters verifying special approval for informal offerings from non-approved providers, transcripts of courses, and documentation of compliance with exceptions for a three (3) year period following the continuing education activities.
7.5. The Board shall complete the audit within 30 days of receipt of required documentation and shall notify the licensee of the satisfactory completion of the audit.
7.6. If a person fails to submit the audit information requested by the Board, the Board may not renew the license Board before the information is received and the audit is completed.
7.7. Licensees shall notify the Board of any changes of mailing address, and are not absolved from the audit requirements.
§3-11-8. Minimum Standards for Approved Provider.
8.1. All providers of continuing education shall complete an application, and pay the required fees, and obtain a Continuing Education Provider License, before offering to provide continuing education.
8.2. The Board shall maintain a current list of approved providers which is available to the public upon request.
8.3. The Board shall notify providers who fail to meet the minimum acceptable provider standards, in writing, of specific deficiencies and offer a reasonable period of time to correct deficiencies.
8.4. The Board may remove an approved provider who fails to meet the approved provider standards from the list of approved providers.
8.5. The providers shall provide a certificate to the licensee indicating the following information:
8.5.a. Name of licensee who attended the continuing education class;
8.5.b. The date attended;
8.5.c. The value of continuing education credits; and
8.5.d. Contact information for the continuing education provider.
8.6. The providers shall provide a list to the State Board in a Microsoft Excel format in paper and disc form within 30 days of the continuing education class. The list shall include:
8.6.a. Names of licensees;
8.6.b. License numbers of licensee;
8.6.c. Location of class;
8.6.d. The date held; and
8.6.e. Title of continuing education class or activity.
8.7. The application for a continuing education provider license shall provide detailed descriptions of the subject areas, sponsors, speakers, instructors, training courses, events, demonstrations or shows for which the applicant seeks approval.
§3-11-9. Continuing Education Subjects/Events.
9.1. Continued education offerings shall consist of one or more of the following subject areas or events:
9.1.a. Product information or training;
9.1.b. Events, speakers, or shows by third party administrators held at beauty schools/conventions;
9.1.c. Tax, business, or computer training or courses;
9.1.d. Styling or application demonstrations;
9.1.e. Sanitation courses;
9.1.f. HIV/AIDS awareness and other communicable disease awareness courses;
9.1.g. Training or courses on West Virginia state laws governing the practices licensed by the board; and
9.1.h. Continuing education activities sponsored by the National Cosmetology Association (NCA), National Interstate Council of State Boards of Cosmetology (NIC), National Cosmetology Seminar, Aesthetic International Association, National Association of Barbering and Hairstyling, National Association of Barber Boards of American approved courses, seminars, and demonstrations or any other national association approved by the Board.
§3-11-10. Activities Not Acceptable for Continuing Education Credit.

10.1. The following activities are not acceptable for continuing education credit:
10.1.a. Job related practice;
10.1.b. Development and presentation of programs as part of the licensee's on-going job responsibilities;
10.1.c. Orientation to and update of policies and procedures specific to the licensee's employing facility;
10.1.d. Activities which are part of a licensee's usual job responsibility; and/or
10.1.e. In-house training from a regular employee, manager or owner of the facility.".
§64-9-7. Board of Examiners for Speech-Language Pathology and Audiology.

The legislative rule filed in the state register on the seventeenth day of June, two thousand nine, authorized under the authority of section ten, article thirty-two, chapter thirty, of this code, modified by the Board of Examiners for Speech-Language Pathology and Audiology to meet the objections of the legislative rule-making review committee and refiled in the state register on July 23, 2009, relating to the Board of Examiners for Speech-Language Pathology and Audiology (licensure of speech-pathology and audiology, 29 CSR 1), is authorized with the following amendment:
On page six, subsection 12.2, by striking out the second sentence of the subsection "These continuing education hours may only be credited if they are acquired during the 2-year licensure period, unless the licensee falls under 12.1.a.' and inserting in lieu thereof a new second sentence 'Licensees who exceed the minimum continuing education requirement may carry a maximum of 6 hours forward to the next reporting period only.".
§64-9-8. Real Estate Appraiser Licensing and Certification Board.
(a) The legislative rule filed in the state register on July 31, 2009, authorized under the authority of section nine, article thirty-eight, chapter thirty, of this code, modified by the Real Estate Appraiser Licensing and Certification Board to meet the objections of the legislative rule-making review committee and refiled in the state register on September 22, 2009, relating to the Real Estate Appraiser Licensing and Certification Board (requirements for licensure and certification, 190 CSR 2), is authorized.
(b)The legislative rule filed in the state register on March 23, 2009, authorized under the authority of section nine, article thirty-eight, chapter thirty, of this code, relating to the Real Estate Appraiser Licensing and Certification Board (renewal of licensure or certification, 190 CSR 3), is authorized.
§64-9-9. Board of Osteopathy.
(a) The legislative rule filed in the state register on July 31, 2009, authorized under the authority of section four, article fourteen, chapter thirty, of this code, modified by the Board of Osteopathy to meet the objections of the legislative rule-making review committee and refiled in the state register on October 3, 2009, relating to the Board of Osteopathy (licensing procedures for osteopathic physicians, 24 CSR 1), is authorized.
(b) The legislative rule filed in the state register on July 31, 2009, authorized under the authority of section nine-a, article fourteen, chapter thirty, of this code, modified by the Board of Osteopathy to meet the objections of the legislative rule-making review committee and refiled in the state register on November 24, 2009, relating to the Board of Osteopathy (formation and approval of professional limited liability companies, 24 CSR 4), is authorized.
(c) The legislative rule filed in the state register on July 31, 2009, authorized under the authority of section four, article fourteen, chapter thirty, of this code, modified by the Board of Osteopathy to meet the objections of the legislative rule-making review committee and refiled in the state register on October 23, 2009, relating to the Board of Osteopathy (fees for services rendered by the Board, 24 CSR 5), is authorized.
§64-9-10. Secretary of State.
(a) The legislative rule filed in the state register on the July 31, 2009, authorized under the authority of two-a, article three, chapter three, of this code, modified by the Secretary of State to meet the objections of the legislative rule-making review committee and refiled in the state register on November 19, 2009, relating to the Secretary of State (early voting in person satellite precincts, 153 CSR 13), is authorized with the following amendment:
On page five, section 7.3, after the word, "workers" by inserting a comma and the following words, "of differing political affiliation,".
(b) The legislative rule filed in the state register on July 31, 2009, authorized under the authority of three, article three-a, chapter three, of this code, modified by the Secretary of State to meet the objections of the legislative rule-making review committee and refiled in the state register on November 5, 2009, relating to the Secretary of State (Vote-by-mail Pilot Project Phase 1: Class IV Early Voting by Mail, 153 CSR 38), is authorized.
(c) The legislative rule filed in the state register on July 31, 2009, authorized under the authority of three, article three-a, chapter three, of this code, modified by the Secretary of State to meet the objections of the legislative rule-making review committee and refiled in the state register on November 5, 2009, relating to the Secretary of State (Vote-by-mail Pilot Project Phase 2: Voting by Mail, 153 CSR 39), is authorized with the following amendments:
On page two, by inserting a new subdivision designated, 3.1.e. to read as follows:
"3.1.e. A municipality shall submit the required information to the Office of the Secretary of State by November 11, 2010.";
On page two, subparagraph 3.1.d.6, by striking the word, "pubic" and inserting the word, "public";
On page three, subdivision 3.2.a, by striking the words, "an ordinance" and inserting the words, "a resolution".
§64-9-11. Board of Occupational Therapy.
(a) The legislative rule filed in the state register on July 7, 2009, authorized under the authority of section seven, article twenty-eight, chapter thirty, of this code, modified by the Board of Occupational Therapy to meet the objections of the legislative rule-making review committee and refiled in the state register on November 24, 2009, relating to the Board of Occupational Therapy (administrative rules of the Board of Occupational Therapy and licensure of occupational therapists and occupational therapy assistants, 13 CSR 1), is authorized with the following amendments:
On page five, subsection 9.1., after the colon, by inserting a new subdivision to read as follows:
9.1.a. Is of good moral character;;
And, by renumbering the remaining subdivisions;
On page twelve, after the words, 'are dependent upon the', by inserting a colon;
On page twelve, by striking subdivisions 12.5.b and 12.5.c their entirety and inserting in lieu thereof new subdivisions 12.5.b and 12.5.c to read as follows:
12.5.b. A licensed supervising occupational therapist or occupational therapy assistant must maintain direct continuous supervision over aides;
12.5.c. A licensed supervising occupational therapist must maintain direct continuous supervision over occupational therapy students. As the occupational therapy student demonstrates competency in performance, supervision can progress to direct close supervision at the discretion of the supervising occupational therapist;;
And,
On page twelve, by inserting two new subdivisions designated 12.5.d and 12.5.e to read as follows:
12.5.d. A licensed supervising occupational therapist or occupational therapy assistant must maintain direct continuous supervision over occupational therapy assistant students. As the occupational therapy assistant student demonstrates competency in performance, supervision can progress to direct close supervision at the discretion of the supervising occupational therapist / occupational therapy assistant;
12.5.e. Direct supervision is demonstrated through co-signatures on all paperwork or electronic notes pertaining to the practice of occupational therapy for the person requiring direct supervision. All paperwork or electronic notes pertaining to the practice of occupational therapy must be signed and dated, electronically or otherwise, by the supervising licensed occupational therapist.
(b) The legislative rule filed in the state register on July 7, 2009, authorized under the authority of section seven, article twenty-eight, chapter thirty, of this code, modified by the Board of Occupational Therapy to meet the objections of the legislative rule-making review committee and refiled in the state register on November 24, 2009, relating to the Board of Occupational Therapy (fees for services rendered by the Board, 13 CSR 3), is authorized with the following amendment:
On page one, subsection 1.2., by striking out "§30-28-6" and inserting "§30-28-7".
(c) The legislative rule filed in the state register on July 7, 2009, authorized under the authority of section seven, article twenty-eight, chapter thirty, of this code, modified by the Board of Occupational Therapy to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-fourth day of November 24, 2009, relating to the Board of Occupational Therapy (continuing education and competence, 13 CSR 4), is authorized with the following amendment:
On page one, subsection 1.2., by striking out "§30-28-6" and inserting in lieu thereof "§30- 28-7".
(d) The legislative rule filed in the state register on July 7, 2009, authorized under the authority of section seven, article twenty-eight, chapter thirty, of this code, modified by the Board of Occupational Therapy to meet the objections of the legislative rule-making review committee and refiled in the state register on November 24, 2009, relating to the Board of Occupational Therapy (competency standards for advance practice by occupational therapists and occupational therapy assistants, 13 CSR 5), is authorized with the following amendments:
On page one, subsection 1.2, by striking out "§30-28-6" and inserting in lieu thereof "§30-28- 7";
On page two, by striking subdivisions 4.5.a, 4.5.b, 4.5.c, and 4.5.d in their entirety and inserting in lieu thereof new subdivisions 4.5.a, 4.5.b, and 4.5.c to read as follows:
4.5.a. Accredited educational programs;
4.5.b. Specific certification as endorsed by the American Occupational Therapy Association or its successor, or as approved by the WVBOT;
4.5.c. Successful completion of an appropriate continuing education course which includes theory, indications, contra-indications and applications;
And,
On page two, by inserting a new subdivision 4.6.a to read as follows:
4.6.a. The Board shall conduct random audits of occupational therapy assistants to substantiate competency in physical agent modalities.
(e) The legislative rule filed in the state register on July 7, 2009, authorized under the authority of section seven, article twenty-eight, chapter thirty, of this code, modified by the Board of Occupational Therapy to meet the objections of the legislative rule-making review committee and refiled in the state register on November 24, 2009, relating to the Board of Occupational Therapy (ethical standards of practice, 13 CSR 6), is authorized with the following amendment:
On page one, subsection 1.2., by striking out "§30-28-6" and inserting in lieu thereof "§30- 28-7".
§64-9-12. Board of Psychologists.
The legislative rule filed in the state register on July 27, 2009, authorized under the authority of section six, article twenty-one, chapter thirty, of this code, modified by the Board of Psychologists to meet the objections of the legislative rule-making review committee and refiled in the state register on January 14, 2010, relating to the Board of Psychologists (qualifications for licensure as a psychologist or a school psychologist, 17 CSR 3), is authorized with the following amendment:
On page three, section 5.1, after the words "W. Va. Code §30-21-2.", by adding the following:
"For the purposes of this rule, the supervised professionally oriented teaching, supervising and research activities of applicants who are full-time, university clinical faculty members may apply towards the required hours of supervised work experience."
§64-9-13. Governor's Office of Health Enhancement and Lifestyle Planning.

The legislative rule filed in the state register on October 30,2009, authorized under the authority of section eight, article twenty-nine-H, chapter sixteen, of this code, relating to the Governor's Office of Health Enhancement and Lifestyle Planning (prescription drug advertising expense reporting, 210 CSR 1), is authorized."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 393), and there were--yeas 78, nays 19, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Ashley, Blair, Cowles, Duke, Evans, Hamilton, Ireland, Lane, McGeehan, C. Miller, J. Miller, Overington, Porter, Schoen, Sobonya, Sumner and Walters.
Absent And Not Voting: Argento, Cann and Ross.
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. 4108) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 394), and there were--yeas 85, nays 12, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Cowles, Duke, Hamilton, Ireland, McGeehan, C. Miller, J. Miller, Schoen, Sobonya and Sumner.
Absent And Not Voting: Argento, Cann and Ross.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4108) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4130, Creating the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 1A. STATE ELECTION COMMISSION AND SECRETARY OF STATE.
§3-1A-1. Election commission continued; composition; chairperson; per diem; traveling
expense.

The 'State Election Commission', heretofore created, is hereby continued and on and after the effective date of this section shall be is composed of the Secretary of State, and four persons appointed by the Governor, by and with the advice and consent of the Senate. The commission shall from this membership elect a chairman for a term of two years. Each member of the commission shall be reimbursed for all reasonable and necessary expenses actually incurred paid the per diem and expense reimbursement established for the Legislature in section seven, article two-a, chapter four of this code in the performance of his or her duties as a member of the commission.
§3-1A-4. Office and meetings of commission.
(a) The office and place of meeting of the commission shall be is the office of the Secretary of State in the State Capitol. The commission may also conduct meetings via video, telephone or Internet conferencing.
(b) The commission shall hold such meetings as may be called by the chairman, the Governor or the Secretary of State.
§3-1A-5. Powers and duties of commission; legislative rules.
(a) The commission shall have has the power and duty to approve or disapprove applications for approval of any voting machine as provided in section seven, article four of this chapter.
(b) The commission also shall serve as a body advisory to the Secretary of State, and, as such, shall have the following powers and duties:
(1) To recommend policies and practices pertaining to the registration of voters and the conduct of elections generally;
(2) To review the work of the office of Secretary of State pertaining to the duties of that office with respect to elections, and for this purpose to have access at reasonable times to pertinent records, books, papers and documents;
(3) To consider and study the election practices of other jurisdictions, with a view to determining the techniques used in eliminating fraud in elections and in simplifying election procedures;
(4) To advise or make recommendations to the Governor relative to election practices and policy in the state; and
(5) To advise the Secretary of State on carrying out the duties to which he or she is assigned pursuant to the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program, established in article twelve of this chapter;
(6) To carry out the duties assigned to the commission by the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program, established in article twelve of this chapter; and
(5) (7) To keep minutes of the transactions of each meeting of the commission, which shall be public records and filed with the Secretary of State.

(c) It shall be is the commission's further duty to prepare and distribute in its name, within available appropriations and upon the recommendation of the Secretary of State, nonpartisan educational material to inform voters of the importance of voting, to encourage voters to vote, to inform voters of election laws and procedures, and to inform voters of the effect of any public question, Constitutional amendment or bond issue that is to be voted upon by all the voters of the state and that has been authorized to be placed upon the ballot by the Legislature, and manuals to assist county commissions, ballot commissioners, circuit and county clerks and other election officials in the proper performance of their duties in the conduct of elections.
(d) The commission shall promulgate such propose for promulgation emergency and legislative rules, in accordance with the provisions of article three, chapter twenty-nine-a of this code, as may be necessary to standardize and make effective the administration of the provisions of article eight of this chapter, and may promulgate such propose for promulgation
other rules, in accordance with the provisions of article three, chapter twenty-nine-a of this code, relating to the conduct and administration of elections as the commission may determine determines to be advisable. All rules required or permitted to be promulgated by the commission by the provisions of this section shall be submitted on or before the first day of August, one thousand nine hundred ninety-five, to the Legislature for review by the legislative rule-making review committee and approval by the Legislature.
(e) Meetings of the commission conducted for the purpose of confirming the initial eligibility of individual candidates to receive public campaign financing under the West Virginia Supreme Court of Appeals Public Campaign Financing Fund; the authorization of supplemental distributions from the fund; and the candidate's ability to receive supplemental distributions pursuant to the provisions of chapter twelve of this article are expressly exempted from the public notice and public meeting requirements of article nine-a, chapter six of this code.
ARTICLE 12. WEST VIRGINIA SUPREME COURT OF APPEALS PUBLIC CAMPAIGN FINANCING PILOT PROGRAM.

§3-12-1. Short title.
This article is known as the 'West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program.' The pilot program begins with the exploratory period for the 2012 primary election and continues through the 2012 general election.
§3-12-2. Legislative findings and declarations.
The Legislature finds and declares the following:
(1) Current campaign finance laws permit candidates to spend unlimited amounts of money raised from private sources;
(2) Current campaign finance laws permit certain independent parties to raise and spend unlimited amounts of money to influence the outcome of elections;
(3) Over the last decade, fund raising and campaign expenditures in elections for a seat on the Supreme Court of Appeals have dramatically increased in West Virginia;
(4) In 2000, candidates running for a seat on the Supreme Court of Appeals raised a total of $1.4 million;
(5) In 2004, candidates running for a seat on the Supreme Court of Appeals raised a total of $2.8 million;
(6) In 2008, candidates running for a seat on the Supreme Court of Appeals raised a total of $3.3 million;
(7) As spending by candidates and independent parties increases, so does the perception that contributors and interested third parties hold too much influence over the judicial process;
(8) The detrimental effects of spending large amounts by candidates and independent parties are especially problematic in judicial elections because impartiality is uniquely important to the integrity and credibility of courts;
(9) An alternative public campaign financing option for candidates running for a seat on the Supreme Court of Appeals will ensure the fairness of democratic elections in this state, protect the Constitutional rights of voters and candidates from the detrimental effects of increasingly large amounts of money being raised and spent to influence the outcome of elections, protect the impartiality and integrity of the judiciary, and strengthen public confidence in the judiciary; and
(10) Funding the 'West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program' from a wide range of revenue sources furthers important state interests in protecting the integrity of judicial elections and serves to protect the public interest.
§3-12-3. Definitions.
As used in this article, the following terms and phrases have the following meanings:
(1) 'Candidate's committee' means a political committee established with the approval of or in cooperation with a candidate or a prospective candidate to explore the possibilities of seeking a particular office or to support or aid his or her nomination or election to an office in an election cycle. If a candidate directs or influences the activities of more than one active committee in a current campaign, those committees shall be considered one committee for the purpose of contribution limits.
(2) 'Certified candidate' means an individual seeking election to the West Virginia Supreme Court of Appeals who has been certified in accordance with section ten of this article as having met all of the requirements for receiving public campaign financing from the fund.
(3) 'Contribution' means a gift subscription, assessment, payment for services, dues, advance, donation, pledge, contract, agreement, forbearance or promise of money or other tangible thing of value, whether conditional or legally enforceable, or a transfer of money or other tangible thing of value to a person, made for the purpose of influencing the nomination, election or defeat of a candidate. An offer or tender of a contribution is not a contribution if expressly and unconditionally rejected or returned. A contribution does not include volunteer personal services provided without compensation: Provided, That a nonmonetary contribution is to be considered at fair market value for reporting requirements and contribution limitations.
(4) 'Exploratory contribution' means a contribution of no more than $1,000 made by an individual adult, including a participating candidate and members of his or her immediate family, during the exploratory period. Exploratory contributions may not exceed $20,000 in the aggregate.
(5) 'Exploratory period' means the period during which a participating candidate may raise and spend exploratory contributions to examine his or her chances of election and to qualify for public campaign financing under this article. The exploratory period begins on January 1 the year before the primary in which the candidate may run for Justice of the Supreme Court of Appeals and ends on the last Saturday in January of the election year.
(6) 'Financial agent' means any individual acting for and by himself or herself, or any two or more individuals acting together or cooperating in a financial way to aid or take part in the nomination or election of any candidate for public office, or to aid or promote the success or defeat of any political party at any election.
(7) 'Fund' means the Supreme Court of Appeals Public Campaign Financing Fund created by section five of this article.
(8) 'General election campaign period' means the period beginning the day after the primary election and ending on the day of the general election.
(9) 'Independent expenditure' means an expenditure by a person:
(A) Expressly advocating the election or defeat of a clearly identified candidate; and
(B) That is not made in concert or cooperation with or at the request or suggestion of such candidate, his or her agents, the candidate's authorized political committee or a political party committee or its agents.
Supporting or opposing the election of a clearly identified candidate includes supporting or opposing the candidates of a political party. An expenditure which does not meet the criteria for an independent expenditure is considered a contribution.
(10) 'Immediate family' or 'immediate family members' means the spouse, parents, step- parents, siblings and children of the participating candidate.
(11) 'Nonparticipating candidate' means a candidate who is:
(A) Seeking election to the Supreme Court of Appeals;
(B) Is neither certified nor attempting to be certified to receive public campaign financing from the fund; and
(C) Has an opponent who is a participating or certified candidate.
(12) 'Participating candidate' means a candidate who is seeking election to the Supreme Court of Appeals and is attempting to be certified in accordance with section ten of this article to receive public campaign financing from the fund.
(13) 'Person' means an individual, partnership, committee, association and any other organization or group of individuals.
(14) 'Primary election campaign period' means the period beginning on the first day of the primary election filing period, as determined under section seven, article five of this chapter, and ending on the day of the subsequent primary election.
(15) 'Qualifying contribution' means a contribution received from a West Virginia registered voter of not less than $1 nor more than $100 in the form of cash, check or money order, made payable to a participating candidate or the candidate's committee, or in the form of an electronic payment or debit or credit card payment, received during the qualifying period.
(16) 'Qualifying period' means the period during which participating candidates may raise and spend qualifying contributions in order to qualify to receive public campaign financing.
(A) For candidates seeking nomination on the primary election ballot, the qualifying period begins on September 1 preceding the election year and ends on the last Saturday in January of the election year.
(B) For candidates, other than those nominated during the primary election, seeking to be placed on the general election ballot, the qualifying period begins on June 1 of the election year and ends on October 1 of the election year.
§3-12-4. Alternative public campaign financing option.
This article establishes an alternative public campaign financing option available to candidates for election to the office of Justice of the West Virginia Supreme Court of Appeals for the 2012 primary and general elections. Candidates electing the alternative public campaign financing option shall comply with all other applicable election and campaign laws and rules.
§3-12-5. Supreme Court of Appeals Public Campaign Financing Fund.

There is established in within the State Treasury a special revenue fund to be known as the 'Supreme Court of Appeals Public Campaign Financing Fund' for the dual purpose of providing public financing for the election campaigns of certified candidates under the provisions of this article and of paying the administrative and enforcement costs of the Secretary of State and State Election Commission related to this article. All moneys collected under the provisions of this article shall be deposited in the fund, which shall be administered by the State Election Commission. Funds may also be accepted from any gift, grant, bequest, endowment fund or donation which may be received by the State Election Commission from any person, firm, foundation or corporation. Any balance, including accrued interest or other earnings in the fund at the end of any fiscal year do not revert to the General Revenue Fund, but shall remain in the fund. Expenditures may be made from the fund only for the purposes set forth in this article and in accordance with the provisions of article three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter eleven-b of this code.
§3-12-6. Sources of revenue for the fund.

Revenue from the following sources shall be deposited in the fund:
(1) All exploratory and qualifying contributions in excess of the established maximums;
(2) Money returned by participating or certified candidates who fail to comply with the provisions of this article;
(3) Unspent or unobligated moneys allotted to certified candidates and remaining unspent or unobligated on the date of the general election for which the money was distributed;
(4) If a certified candidate loses, all remaining unspent or unobligated moneys after the primary election;
(5) Civil penalties levied by the State Election Commission against candidates for violations of this article;
(6) Civil penalties levied by the Secretary of State pursuant to section seven, article eight of this chapter;
(7) Voluntary donations made directly to the fund;
(8) Interest income;
(9) On or before July 1, 2010, and for two successive years thereafter, the State Auditor shall authorize the transfer of the amount of $1 million from the Purchasing Card Administration Fund established in section ten-d, article three, chapter twelve of this code to the fund created by this article; and
(10) Money appropriated to the fund.
§3-12-7. Declaration of intent.
A candidate desiring to receive campaign financing from the fund shall first file a declaration of intent before the end of the qualifying period and prior to collecting any qualifying contributions. The declaration shall be on a form prescribed by the State Election Commission and shall contain a statement that the candidate is qualified to be placed on the ballot, and, if elected, to hold the office sought and has complied with and will continue to comply with all requirements of this article, including contribution and expenditure restrictions. Contributions made prior to the filing of the declaration of intent are not qualifying contributions. Any contributions received by a candidate during any precandidacy period which preceded the exploratory period which remain unexpended at the time of the declaration of intent shall be considered exploratory funds and subject to the limits and provisions of section eight of this article.
§3-12-8. Exploratory period; contributions; expenditures.
(a) A participating candidate or his or her committee may not accept, spend or obligate exploratory contributions exceeding $20,000 in the aggregate, during the exploratory period. At the time the participating candidate formally declares his or her intent to qualify for public campaign financing, in accordance with section five of this article, any unexpended or undedicated contributions received during any precandidacy period which preceded the exploratory period shall be deemed to be exploratory contributions for that candidate. The maximum individual exploratory contribution which may be accepted from any person including immediate family members is $1,000. A participating candidate may loan, contribute or obligate up to $1,000 of his or her own money for exploratory purposes. Any exploratory contributions received by the participating candidate in excess of $20,000 in the aggregate shall be sent to the Election Commission for deposit in the fund.
(b) Each exploratory contribution shall be acknowledged by a written receipt. Receipts for exploratory contributions of $250 or more during an election cycle shall include the contributor's name, residence and mailing address, business affiliation and occupation. Receipts for exploratory contributions of less than $250 shall include the contributor's name and the amount of the contribution, and otherwise comport with the disclosure and reporting requirements of section five-a, article eight of this chapter.
(c) An exploratory contribution from one person may not be made in the name of another person.
(d) At the beginning of each month a participating or certified candidate or his or her financial agent shall report all exploratory contributions, expenditures and obligations along with all receipts for contributions received during the prior month to the Secretary of State. Such reports shall be filed electronically: Provided, That a committee may apply for an exemption in case of hardship pursuant to subsection (c) of section five-b, article eight of this chapter. If the candidate decides not to run for office all unspent or unobligated exploratory contributions shall be sent to the State Election Commission for deposit in the fund. If the candidate decides to run for office as a nonparticipating candidate the unspent or unobligated exploratory contributions shall be used in accordance with articles eight and twelve of this chapter.
§3-12-9. Qualifying contributions.
(a) A participating candidate or his or her candidate's committee may not accept more than one qualifying contribution from a single individual. A qualifying contribution may not be less than $1 nor more than $100. To be considered as a proper qualifying contribution, the qualifying contribution must be made by a registered West Virginia voter. A participating candidate shall collect qualifying contributions which in the aggregate are not less than $35,000 nor more than $50,000. Qualifying contributions in excess of $50,000 shall be sent to the State Election Commission for deposit in the fund.
(b) Each qualifying contribution shall be acknowledged by a written receipt that includes:
(1) The printed name of the participating candidate on whose behalf the contribution is made and the signature of the person who collected the contribution for the candidate or his or her candidate's committee;
(2) For qualifying contributions of $25 or more, the contributor's signature, printed name, street address, zip code, telephone number, occupation and name of employer; and for qualifying contributions of less than $25, the contributor's signature, printed name, street address and zip code;
(3) A statement above the contributor's signature that:
(A) The contributor understands the purpose of the contribution is to assist the participating candidate in obtaining public campaign financing;
(B) The contribution was made without coercion;
(C) The contributor has not been reimbursed, received or promised anything of value for making the contribution; and
(4) One copy of the receipt shall be given to the contributor, one copy shall be retained by the candidate and one copy shall be sent by the candidate to the Secretary of State. A contribution which is not acknowledged by a written receipt in the form required by this subsection is not a qualifying contribution.
(c) During the qualifying period, a participating candidate or his or her candidate's committee must obtain at least five hundred qualifying contributions from registered West Virginia voters. A minimum of ten percent of the total number of qualifying contributions received by the candidate must be from each of the state's congressional districts.
(d) A participating candidate and each member of the candidate's immediate family who is a registered voter in this state may each make one qualifying contribution. A participating candidate may not use any other personal funds to satisfy the qualifying contributions requirements.
(e) A participating candidate may not reimburse, give or promise anything of value in exchange for a qualifying contribution.
(f) At the beginning of each month, a participating or certified candidate or his or her financial agent or committee shall report all qualifying contributions, expenditures and obligations along with all receipts for contributions received during the prior month to the Secretary of State. Such reports shall be filed electronically: Provided, That a committee may apply for an exemption in case of hardship pursuant to subsection (c) of section five-b, article eight of this chapter. If the candidate decides not to run for office, all unspent or unobligated qualifying contributions shall be sent to the State Election Commission for deposit in the fund. If the candidate decides to run for office as a nonparticipating candidate, the unspent or unobligated qualifying contributions shall be used in accordance with articles eight and twelve of this chapter.
(g) All qualifying contributions collected and all expenditures by a participating candidate or his or her committee shall be reported to the Secretary of State no later than two business days after the close of the qualifying period.
§3-12-10. Certification of candidates.
(a) To be certified, a participating candidate shall apply to the State Election Commission for public campaign financing from the fund and file a sworn statement that he or she has complied and will comply with all requirements of this article throughout the applicable campaign.
(b) Upon receipt of a notice from the Secretary of State that a participating candidate has received the required number and amount of qualifying contributions, the State Election Commission shall determine whether the candidate or candidate's committee:
(1) Has signed and filed a declaration of intent as required by section seven of this article;
(2) Has obtained the required number and amount of qualifying contributions as required by section nine of this article;
(3) Has complied with the contribution restrictions of this article;
(4) Is eligible, as provided in section nine, article five of this chapter, to appear on the primary or general election ballot; and
(5) Has met all other requirements of this article.
(c) The State Election Commission shall process applications in the order they are received and shall verify a participating candidate's compliance with the requirements of subsection (b) of this section by using the verification and sampling techniques approved by the State Election Commission.
(d) The State Election Commission shall determine whether to certify a participating candidate as eligible to receive public campaign financing no later than three business days after the candidate or the candidate's committee makes his or her final report of qualifying contributions or, if a challenge is filed under subsection (g) of this section, no later than six business days after the candidate or the candidate's committee makes his or her final report of qualifying contributions. A certified candidate shall comply with the provisions of this article through the general election campaign period.
(e) No later than two business days after the State Election Commission certifies that a participating candidate is eligible to receive public campaign financing under the provisions of this section, the State Election Commission, acting in concert with the State Auditor's office and the State Treasurer's office, shall cause a check to be issued to the candidate's campaign depository account an amount equal to the initial public campaign financing benefit for which the candidate qualifies under section eleven of this article, minus the candidate's qualifying contributions, and shall notify all other candidates for the same office of its determination.
(f) If the candidate desires to receive public financing benefits by electronic transfer, the candidate shall include in his or her application sufficient information and authorization for the State Treasurer to transfer payments to his or her campaign depository account.
(g) Any person may challenge the validity of any contribution listed by a participating candidate by filing a written challenge with the State Election Commission setting forth any reason why the contribution should not be accepted as a qualifying contribution. If a contribution is challenged under this subsection, the State Election Commission shall decide the validity of the challenge no later than the end of the next business day after the day that the challenge is filed, unless the State Election Commission determines that the candidate whose contribution is challenged has both a sufficient qualifying number and amount of qualifying contributions to be certified as a candidate under this section without considering the challenge. Within five business days of a challenge, the candidate or candidate's committee who listed any contribution that is the subject of a challenge may file a report with the State Election Commission of an additional contribution collected pursuant to section nine of this article for consideration as a qualifying contribution.
(h) A candidate's certification and receipt of public campaign financing may be revoked by the State Election Commission, if the candidate violates any of the provisions of this article. A certified candidate who violates the provisions of this article shall repay all moneys received from the fund to the State Election Commission.
(i) The determination of any issue before the State Election Commission is the final administrative determination. Any meetings conducted by the State Elections Commission to certify a candidate's initial eligibility to receive funds under this article, or their eligibility to receive supplemental funds or rescue funds under section eleven of this article shall not be subject the public notice and open meeting requirements of article nine-a, chapter six of this Code, but the Commission shall concurrently provide public notice of any decision and determination it makes which impacts the candidate's eligibility to receive initial funds or supplemental funds pursuant to the provisions of this article. Any person adversely affected by a decision of the State Election Commission under the provisions of this article may appeal that decision to the circuit court of Kanawha County.
(j) A candidate may withdraw from being a certified candidate and become a nonparticipating candidate at any time with the approval of the State Election Commission. Any candidate seeking to withdraw shall file a written request with the State Election Commission, which shall consider requests on a case-by-case basis. No certified candidate may withdraw until he or she has repaid all moneys received from the fund: Provided, That the State Election Commission may, in exceptional circumstances, waive the repayment requirement. The State Election Commission may assess a penalty not to exceed $10,000 against any candidate who withdraws without approval.
§3-12-11. Schedule and amount of Supreme Court of Appeals Public Campaign Financing Fund payments; additional funds.

(a) The State Election Commission, acting in concert with the State Auditor's office and the State Treasurer's office, shall have a check issued within two business days after the date on which the candidate is certified, to make payments from the fund for the 2012 primary election campaign period available to a certified candidate.
(1) In a contested primary election, a certified candidate shall receive $200,000 in initial campaign financing from the fund, minus the certified candidate's qualifying contributions.
(2) In an uncontested primary election, a certified candidate shall receive $50,000 from the public campaign financing fund, minus the certified candidate's qualifying contributions.
(b) Within two business days after the primary election results are certified by the Secretary of State, the State Election Commission, acting in concert with the State Auditor's office and the State Treasurer's office, shall cause a check to be issued to make initial payments from the fund for the 2012 general election campaign period available to a certified candidate.
(1) In a contested general election, a certified candidate may receive from the fund an amount not to exceed $350,000.
(2) In an uncontested general election, a certified candidate shall receive $35,000 from the public campaign financing fund.
(c) The State Election Commission shall authorize the distribution of initial campaign financing moneys to certified candidates in equal amounts. The commission shall propose a legislative rule on distribution of funds.
(d) The State Election Commission may not authorize or direct the distribution of moneys to certified candidates in excess of the total amount of money deposited in the fund pursuant to section six of this article. If the commission determines that the money in the fund is insufficient to totally fund all certified candidates, the commission shall authorize the distribution of the remaining money proportionally, according to each candidate's eligibility for funding. Each candidate may raise additional money in the same manner as a nonparticipating candidate for the same office up to the unfunded amount of the candidate's eligible funding.
(e) If the commission determines from any reports filed pursuant to this chapter or by other reliable and verifiable information obtained through investigation that a nonparticipating candidate's campaign expenditures or obligations, in the aggregate, have exceeded by twenty percent the initial funding available under this section any certified candidate running for the same office, the commission shall authorize the release of additional funds in the amount of the reported excess to any opposing certified candidate for the same office.
(f) If the State Election Commission determines from any reports filed pursuant to this chapter or by other reliable and verifiable information obtained through investigation that independent expenditures on behalf of a nonparticipating candidate, either alone or in combination with the nonparticipating candidate's campaign expenditures or obligations, have exceeded by twenty percent the initial funding available under this section to any certified candidate running for the same office, the commission shall authorize the release of additional funds in the amount of the reported excess to any certified candidate who is an opponent for the same office.
(g) If the commission determines from any reports filed pursuant to this chapter or by other reliable and verifiable information obtained through investigation that independent expenditures on behalf of a certified candidate, in combination with the certified candidate's campaign expenditures or obligations, exceed by twenty percent the initial funding available under this section to any certified candidate running for the same office, the State Election Commission shall authorize the release of additional funds in the amount of the reported excess to any other certified candidate who is an opponent for the same office.
(h) Additional funds released under this section to a certified candidate may not exceed $400,000 in a primary election and $700,000 in a general election.
(i) In the event the commission determines that additional funds beyond the initial distribution are to be released to a participating candidate pursuant to the provisions of the section, the commission, acting in concert with the State Auditor's office and the State Treasurer's office, shall cause a check for any such funds to be issued to the candidate's campaign depository within two business days.
§3-12-12. Restrictions on contributions and expenditures.

(a) A certified candidate or his or her committee may not accept loans or contributions from any private source, including the personal funds of the candidate and the candidate's immediate family, during the primary or general election campaign periods except as permitted by this article.
(b) After filing the declaration of intent and during the qualifying period, a participating candidate may not spend or obligate more than he or she has collected in exploratory and qualifying contributions. After the qualifying period and through the general election campaign period, a certified candidate may spend or obligate any unspent exploratory or qualifying contributions and the moneys he or she receives from the fund under the provisions of section eleven of this article.
(c) A participating or certified candidate may expend exploratory and qualifying contributions and funds received from the fund only for lawful election expenses as provided in section nine, article eight of this chapter. Moneys distributed to a certified candidate from the fund may be expended only during the primary and general election campaign period for which funds were dispersed. Money from the fund may not be used:
(1) In violation of the law;
(2) To repay any personal, family or business loans, expenditures or debts; or
(3) To help any other candidate.
(d) A certified candidate or his or her committee shall return to the fund any unspent and unobligated exploratory contributions, qualifying contributions or moneys received from the fund within forty-eight hours after:
(1) The date on which the candidate ceases to be certified; or
(2) The date on which the individual loses the primary election or otherwise ceases to be a candidate.
(e) Funds remaining unspent or unobligated after the close of the primary election campaign period may be retained by the candidate for use during the general election campaign period but shall be deducted from the amount the candidate is eligible to receive under subsection (b), section eleven of this article.
(f) A certified candidate or his or her committee shall return to the fund any unspent or unobligated public campaign financing funds no later than five business days after the general election.
(g) A contribution from one person may not be made in the name of another person.
(h) A participating or certified candidate or his or her committee receiving qualifying contributions or exploratory contributions from a person not listed on the receipt required by sections eight and nine of this article is liable to the State Election Commission for the entire amount of that contribution and any applicable penalties.
(i) A certified candidate accepting any benefits under the provisions of this article shall continue to comply with all of its provisions throughout the primary election campaign period and general election campaign period.
(j) A participating or certified candidate or his or her financial agent shall provide the Secretary of State with all requested campaign records, including all records of exploratory and qualifying contributions received and campaign expenditures and obligations, and shall fully cooperate with any audit of campaign finances requested or authorized by the State Election Commission.
§3-12-13. Reporting requirements.
(a) Participating candidates, certified candidates and nonparticipating candidates shall comply with the provisions of this section in addition to any other reporting required by the provisions of this chapter.
(b) During the exploratory and qualifying periods, a participating candidate or his or her financial agent shall submit, on the first of each month, a report of all exploratory and qualifying contributions along with their receipts and an accounting of all expenditures and obligations received during the immediately preceding month. The reports shall be on forms or in a format prescribed by the Secretary of State. Such reports shall be filed electronically: Provided, That a committee may apply for an exemption, in case of hardship, pursuant to subsection (c) of section five-b, article eight of this chapter.
(c) No later than two business days after the close of the qualifying period, a participating candidate or his or her financial agent shall report to the Secretary of State on appropriate forms a summary of:
(1) All exploratory contributions received and funds expended or obligated during the exploratory period together with copies of any receipts not previously submitted for exploratory contributions; and
(2) All qualifying contributions received and funds expended or obligated during the qualifying period together with copies of any receipts not previously submitted for qualifying contributions.
(d) A certified candidate or his or her financial agent shall file periodic financial statements in accordance with section five, article eight of this chapter, detailing all funds received, expended or obligated during the specified periods. The reports shall be on forms approved by the Secretary of State.
(e) In addition to any other reporting required by this chapter, a nonparticipating candidate or his or her financial agent shall report to the Secretary of State on approved forms an itemized summary of his or her campaign expenditures or obligations, according to the following provisions and guidelines:
(1) On the first Saturday in March or within six days thereafter, listing the nonparticipating candidate's expenditures and obligations prior to March 1, if the nonparticipating candidate's campaign expenditures or obligations, in the aggregate, exceed the initial funding available under section eleven of this article to any certified candidate for the same office.
(2) On the first Saturday in April, listing any expenditures or obligations, in the aggregate, that exceed the initial funding available under section eleven of this article to any certified candidate running for the same office and which have taken place subsequent to those reported on the financial statement required to be filed by a candidate for public office pursuant to subdivision (1), subsection (b), section five, article eight of this chapter. Thereafter, any additional expenditures or obligations, in the aggregate, that exceed the initial funding available under section eleven of this article to any certified candidate running for the same office made prior to the fifteenth day before the primary election shall be reported to the Secretary of State within forty-eight hours.
(3) On the first Saturday in July or within six days thereafter, listing the nonparticipating candidate's expenditures and obligations prior to July 1 subsequent to the primary election, if the nonparticipating candidate's expenditures or obligations, in the aggregate, exceed the initial funding available under section eleven of this article to any certified candidate running for the same office.
(4) On the first Saturday in October, listing any expenditures or obligations, in the aggregate, that exceed the initial funding available under section eleven of this article to any certified candidate running for the same office and which have taken place subsequent to those reported on the financial statement required to be filed by a candidate for public office pursuant to subdivision (4), subsection (b), section five, article eight of this chapter. Thereafter, any additional expenditures or obligations, in the aggregate, that exceed the initial funding available under section eleven of this article to any certified candidate running for the same office made prior to the fifteenth day before the general election shall be reported to the State Election Commission within forty-eight hours.
(5) During the last fifteen days before the primary or general elections in 2012, the nonparticipating candidate or his or her financial agent shall report to the State Election Commission within twenty-four hours thereof every additional expenditure or obligation, in the aggregate, that exceeds the initial funding available under section eleven of this article to any certified candidate running for the same office.
(f) Any person, organization or entity making independent expenditures advocating the election or defeat of a certified candidate or the nomination or election of any candidate who is opposed by a certified candidate in excess of $1,000, in the aggregate, shall report these expenditures to the State Election Commission on approved forms within forty-eight hours of the expenditure.
(g) During the last fifteen days before the primary or general election in 2012, any person, organization or entity making independent expenditures advocating the election or defeat of any candidate, including the election or defeat of a certified candidate or the nomination or election of any candidate who is opposed by a certified candidate, shall continue to file reports as required pursuant to subsection (b), section two, article eight of this chapter.
§3-12-14. Duties of the State Election Commission; Secretary of State.
(a) In addition to its other duties, the State Election Commission shall carry out the duties of this article and complete the following as applicable:
(1) Prescribe forms for reports, statements, notices and other documents required by this article;
(2) Make an annual report to the Legislature accounting for moneys in the fund, describing the State Election Commission's activities and listing any recommendations for changes of law, administration or funding amounts;
(3) Propose emergency and legislative rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, as may be necessary for the proper administration of the provisions of this article;
(4) Enforce the provisions of this article to ensure that moneys from the fund are placed in candidate campaign accounts and spent as specified in this article;
(5) Monitor reports filed pursuant to this article and the financial records of candidates to ensure that qualified candidates receive matching funds promptly and to ensure that moneys required by this article to be paid to the fund are deposited in the fund;
(6) Cause an audit of the fund to be conducted by independent certified public accountants ninety days after a general election. The State Election Commission shall cooperate with the audit, provide all necessary documentation and financial records to the auditor and maintain a record of all information supplied by the audit;
(7) In consultation with the State Treasurer and the State Auditor, develop a rapid, reliable method of conveying funds to certified candidates. In all cases, the commission shall distribute funds to certified candidates in a manner that is expeditious, ensures accountability and safeguards the integrity of the fund; and
(8) Regularly monitor the receipts, disbursements, obligations and balance in the fund to determine whether the fund will have sufficient moneys to meet its obligations and sufficient moneys available for disbursement during the general election campaign period.
(b) In addition to his or her other duties, the Secretary of State shall carry out the duties of this article and complete the following as applicable:
(1) Prescribe forms for reports, statements, notices and other documents required by this article;
(2) Prepare and publish information about this article and provide it to potential candidates and citizens of this state;
(3) Prepare and publish instructions setting forth methods of bookkeeping and preservation of records to facilitate compliance with this article and to explain the duties of candidates and others participating in elections under the provisions of this article;
(4) Propose emergency and legislative rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code as may be necessary for the proper administration of the provisions of this article;
(5) Enforce the provisions of this article to ensure that moneys from the fund are placed in candidate campaign accounts and spent as specified in this article;
(6) Monitor reports filed pursuant to this article and the financial records of candidates to ensure that qualified candidates receive matching funds promptly and to ensure that moneys required by this article to be paid to the fund are deposited in the fund;
(7) Ensure public access to the campaign finance reports required pursuant to this article, and whenever possible, use electronic means for the reporting, storing and display of the information; and
(8) Prepare a voters' guide for the general public listing the names of each candidate seeking election to the Supreme Court of Appeals. Both certified and nonparticipating candidates shall be invited by the State Election Commission to submit a statement, not to exceed five hundred words in length, for inclusion in the guide. The guide shall identify the candidates that are certified candidates and the candidates that are nonparticipating candidates. Copies of the guide shall be posted on the website of the Secretary of State, as soon as may be practical.
(c) To fulfill their responsibilities under this article, the State Election Commission and the Secretary of State may subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and require, by subpoena, the production of any books, papers, records or other items material to the performance of their duties or the exercise of their powers.
(d) The State Election Commission may also propose and adopt procedural rules to carry out the purposes and provisions of this article and to govern procedures of the State Election Commission as it relates to the requirements of this article.
§3-12-15. Criminal penalties.
(a) A participating or certified candidate who, either personally or through his or her committee, knowingly accepts contributions or benefits in excess of those allowed under this article, spends or obligates funds in excess of the public campaign financing funding to which he or she is entitled or uses the benefits or funding for a purpose other than those permitted under this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $500, or confined in jail for up to thirty days or both.
(b) A participating or certified candidate who, either personally or through his or her committee or financial agent, provides false information to, or conceals or withholds information from, the State Election Commission or the Secretary of State is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $1,000 nor more than $10,000, or confined in jail for up to one year or both.
§3-12-16. Civil penalties.
(a) If a participating or certified candidate or his or her committee or financial agent unintentionally accepts contributions from a private source in violation of the provisions of this article or spends or obligates to spend more than the amount of public financing money he or she is eligible to receive from the fund pursuant to section eleven of this article, the State Election Commission may order the candidate to pay to the State Election Commission an amount equal to the amount of the contribution, expenditure or obligation.
(b) If a participating or certified candidate or his or her committee or financial agent intentionally accepts contributions from a private source in violation of this article or spends or obligates more than the amount of public campaign financing he or she is eligible to receive from the fund, the State Election Commission shall order the candidate to pay to the State Election Commission an amount equal to ten times the amount of the contribution, expenditure or obligation. The candidate shall pay the civil penalty authorized under this subsection within seven days of receipt of written notice from the State Election Commission of the imposition of the penalty.
(c) If a participating or certified candidate fails to pay any moneys required to be paid to the State Election Commission or returned to the fund under this article, the State Election Commission may order the candidate to pay an amount equal to three times the amount that should have been paid to the State Election Commission or returned to the fund.
(d) In addition to any other penalties imposed by law, the State Election Commission may impose a civil penalty for a violation by or on behalf of any candidate of any reporting requirement imposed by this article in the amount of $100 a day. The penalty shall be doubled if the amount not reported for a specific election exceeds ten percent of the initial amount of public financing available to a certified candidate in a primary or general election pursuant to section eleven of this article.
(e) All penalties collected by the State Election Commission pursuant to this section shall be deposited into the fund. The candidate and the candidate's campaign account are jointly and severally responsible for the payment of any penalty imposed pursuant to this section.
§3-12-17. Expiration of article.
The provisions of this article shall have no force or effect on or after July 1, 2013. Any moneys remaining in the fund on July 1, 2013, shall be transferred to the General Revenue Fund."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 395), and there were--yeas 78, nays 18, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Armstead, Blair, Border, Canterbury, Cowles, Evans, Hamilton, Ireland, McGeehan, J. Miller, Overington, Porter, Romine, Rowan, Schadler and Shaver.
Absent And Not Voting: Argento, Cann, Manchin and Ross.
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. 4130) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendments, to take effect from passage, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4143, Relating to emergency medical services.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page two, by striking out everything following the enacting section and inserting in lieu thereof the following:
"ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.
§16-4C-3. Definitions.
As used in this article, unless the context clearly requires a different meaning:
(a) 'Ambulance' means any privately or publicly-owned vehicle or aircraft which is designed, constructed or modified; equipped or maintained; and operated for the transportation of patients, including, but not limited to, emergency medical services vehicles; rotary and fixed wing air ambulances; gsa kkk-A-1822 federal standard type I, type II and type III vehicles; and specialized multipatient medical transport vehicles operated by an emergency medical services agency;
(b) 'Commissioner' means the Commissioner of the Bureau of for Public Health;
(c) 'Council' means the Emergency Medical Service Advisory Council created pursuant to section five of this article;
(d) 'Director' means the Director of the Office of Emergency Medical Service in the Bureau for Public Health.
(d) (e) 'Emergency Medical Services' means all services which are set forth in Public Law 93-154 'The Emergency Medical Services Systems Act of 1973' and those included in and made a part of the emergency medical services plan of the Department of Health and Human Resources inclusive of, but not limited to, responding to the medical needs of an individual to prevent the loss of life or aggravation of illness or injury;
(e) (f) 'Emergency medical service agency' means any agency licensed under section six-a of this article to provide emergency medical services;
(f) 'Emergency medical service attendant' means a person certified by the commissioner pursuant to the provisions of section eight of this article to render the services authorized pursuant to the provisions of section fourteen of this article;
(g) 'Emergency medical service personnel' means any person certified by the commissioner to provide emergency medical services authorized in section eight of this article and includes, but is not limited to, emergency medical service attendant, emergency medical technician-basic and emergency medical technician-paramedic as set forth by legislative rule;
(h) 'Emergency medical service provider' means any authority, person, corporation, partnership or other entity, public or private, which owns or operates a licensed emergency medical services agency providing emergency medical service in this state;
(i) 'Emergency medical technician-basic' means a person certified by the commissioner pursuant to the provisions of section eight of this article to render the services authorized pursuant to the provisions of section fourteen of this article;
(j) 'Emergency medical technician-paramedic' means a person certified by the commissioner pursuant to the provisions of section eight of this article to render services as authorized pursuant to the provisions of section fourteen of this article;
(k) (i) 'Governing body' has the meanings ascribed to it as applied to a municipality in subdivision (1), subsection (b), section two, article one, chapter eight of this code;
(l) (j) 'Line officer' means the emergency medical service personnel, present at the scene of an accident, injury or illness, who has taken the responsibility for patient care;
(m) (k) 'Medical command' means the issuing of orders by a physician from a medical facility to emergency medical service personnel for the purpose of providing appropriate patient care;
(n) (l) 'Municipality' has the meaning ascribed to it in subdivision (1), subsection (a), section two, article one, chapter eight of this code;
(o) (m) 'Patient' means any person who is a recipient of the services provided by emergency medical services;
(p) (n) 'Service reciprocity' means the provision of emergency medical services to citizens of this state by emergency medical service personnel certified to render those services by a neighboring state;
(q) (o) 'Small emergency medical service provider' means any emergency medical service provider which is made up of less than twenty emergency medical service personnel; and
(r) (p) 'Specialized multipatient medical transport' means a type of ambulance transport provided for patients with medical needs greater than those of the average population, which may require the presence of a trained emergency medical technician during the transport of the patient: Provided, That the requirement of 'greater medical need' may not prohibit the transportation of a patient whose need is preventive in nature.
§16-4C-6. Powers and duties of commissioner.
The commissioner shall have has the following powers and duties:
(a) In accordance with chapter twenty-nine-a of this code, to propose rules regarding the age, training, retraining, testing, certification and recertification, and fees for the certification and recertification, of emergency medical service personnel. However, the commissioner may not propose any rule required by this article until it has been submitted for review to the emergency medical services advisory council and this council has had at least thirty days to review such proposed rule. The council may take no action unless a quorum is present; To propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code: Provided, That the rules have been submitted at least thirty days in advance for review by the Emergency Medical Services Advisory Council, who may act only in the presence of a quorum. The rules may include:
(1) Standards and requirements for certification and recertification of emergency medical service personnel, including, but not limited to:
(A) Age, training, testing and continuing education;
(B) Procedures for certification and recertification, and for denying, suspending, revoking, reinstating and limiting a certification or recertification;
(C) Levels of certification and the scopes of practice for each level;
(D) Standards of conduct; and,
(E) Causes for disciplinary action and sanctions which may be imposed.
(2) Standards and requirements for licensure and licensure renewals of emergency medical service agencies, including:
(A) Operational standards, levels of service, personnel qualifications and training, communications, public access, records management, reporting requirements, medical direction, quality assurance and review, and other requirements necessary for safe and efficient operation;
(B) Inspection standards and establishment of improvement periods to ensure maintenance of the standards;
(C) Fee schedules for licensure, renewal of licensure and other necessary costs;
(D) Procedures for denying, suspending, revoking, reinstating or limiting an agency licensure;
(E) Causes for disciplinary action against agencies; and
(F) Administrative penalties, fines and other disciplinary sanctions which may be imposed on agencies;
(3) Standards and requirements for emergency medical service vehicles, including classifications and specifications;
(4) Standards and requirements for training institutions, including approval or accreditation of sponsors of continuing education, course curricula and personnel;
(5) Standards and requirements for a State Medical Direction System, including qualifications for a State Emergency Medical Services Medical Director and Regional Medical Directors, the establishment of a State Medical Policy and Care Committee and the designation of Regional Medical Command Centers;
(6) Provision of services by emergency medical services personnel in hospital emergency rooms; and
(7) Any other rules necessary to carry out the provisions of this article.

(b) To apply for, receive and expend advances, grants, contributions and other forms of assistance from the state or federal government or from any private or public agencies or foundations to carry out the provisions of this article;.
(c) To design, develop and annually review a Statewide Emergency Medical Services Implementation Plan. The plan shall recommend aid and assistance and all other acts necessary to carry out the purposes of this article:
(1) To encourage local participation by area, county and community officials and regional emergency medical services boards of directors; and
(2) To develop a system for monitoring and evaluating emergency medical services programs throughout the state;.
(d) To provide professional and technical assistance and to make information available to Regional Emergency Medical Services Boards of Directors and other potential applicants or program sponsors of emergency medical services for purposes of developing and maintaining a statewide system of services;.
(e) To assist local government agencies, Regional Emergency Medical Services Boards of Directors and other public or private entities in obtaining federal, state or other available funds and services;.
(f) To cooperate and work with federal, state and local governmental agencies, private organizations and other entities as may be necessary to carry out the purposes of this article;.
(g) To acquire in the name of the state by grant, purchase, gift, devise or any other methods appropriate real and personal property as may be reasonable and necessary to carry out the purposes of this article;.
(h) To make grants and allocations of funds and property so acquired or which may have been appropriated to the agency to other agencies of state and local government as may be appropriate to carry out the purposes of this article;.
(i) To expend and distribute by grant or bailment funds and property to all state and local agencies for the purpose of performing the duties and responsibilities of the agency all funds which it may have so acquired or which may have been appropriated by the Legislature of this state;.
(j) To develop a program to inform the public concerning emergency medical services;.
(k) To review and disseminate information regarding federal grant assistance relating to emergency medical services;.
(l) To prepare and submit to the Governor and Legislature recommendations for legislation in the area of emergency medical services;.
(m) To review, make recommendations for and assist in all projects and programs that provide for emergency medical services whether or not the projects or programs are funded through the Office of Emergency Medical Services. A review and approval shall be required for all emergency medical services projects, programs or services for which application is made to receive state or federal funds for their operation after the effective date of this act; and
(n) To take all necessary and appropriate action to encourage and foster the cooperation of all emergency medical service providers and facilities within this state.
(o) Nothing in this article may be construed to allow the commissioner to dissolve, invalidate or eliminate any existing emergency medical service program or ambulance providers in service at the time of adoption of the amendment to this article in the regular session of the Legislature in the year 1984, or to deny them fair access to federal and state funding, medical facilities and training programs.
§16-4C-6a. Emergency medical services agency licensure.
(a) Any person who proposes to establish or maintain an emergency medical services agency shall file an application with the commissioner The application is to include which includes the identity of the applicant, any parent or affiliated entity, the proposed level of service and the number of emergency medical service response vehicles of the agency or proposed agency. The commissioner may require that additional information be included on each application.
(b) Upon receipt and review of the application the commissioner shall issue a license if he or she finds that the applicant meets the requirements and quality standards, to be established by the commissioner, for an emergency medical services agency license, and if the applicant has certified under penalty of perjury that he or she is current with all lawful obligations owed the State of West Virginia, excluding obligations owed in the current quarter, including, but not limited to, payment of taxes and workers' compensation premiums: Provided, That the certification set forth in this paragraph shall be paragraph is required for the original application and subsequent renewal thereof renewals.
Upon review and consultation with the advisory council the commissioner may, pursuant to the provisions of article three, chapter twenty-nine-a of this code, establish reasonable fee schedules for application and licensure.
§16-4C-8. Standards for emergency medical service personnel.
(a) Every ambulance operated by an emergency medical service agency shall carry at least two personnel. At least one person shall be certified in cardiopulmonary resuscitation or first aid and the person in the patient compartment shall be certified as an emergency medical technician-basic at a minimum except that in the case of a specialized multipatient medical transport, only one staff person is required and that person shall be certified, at a minimum, at the level of an emergency medical technician-basic. The requirements of this subsection will remain in effect until revised by the legislative rule to be promulgated pursuant to subsection (b) of this section.
(b) As a minimum the training for each class of emergency medical service personnel shall include:
(1) Emergency medical service attendant: Shall have earned and possess valid certificates from the department or by authorities recognized and approved by the commissioner;
(2) Emergency medical technician-basic: Shall have successfully completed the course for certification as an emergency medical technician-basic as established by the commissioner or authorities recognized and approved by the commissioner; and
(3) Emergency medical technician-paramedic: Shall have successfully completed the course for certification as an emergency medical technician-paramedic established by the commissioner or authorities recognized and approved by the commissioner.
(b) On or before May 28, 2010, the commissioner shall submit a proposed legislative rule to the Emergency Medical Services Advisory Council for review, and on or before June 30, 2010, shall file the proposed legislative rule with the office of the Secretary of State, in accordance with the provisions of chapter twenty-nine-a, article three of this code, to establish certification standards for emergency medical vehicle operators and to revise the requirements for emergency medical service personnel.
(c) Subsection (b) of this section may not be considered to limit the power of the commissioner to prescribe training, certification and recertification standards.
(c) As of the effective date of the legislative rule to be promulgated pursuant to subsection (b) of this section, emergency medical service personnel who operate ambulances shall meet the requirements set forth in the legislative rule.
(d) Any person desiring emergency medical service personnel certification shall apply to the commissioner using forms and procedures prescribed by the commissioner. Upon receipt of the application, the commissioner shall determine whether the applicant meets the certification requirements and may examine the applicant, if necessary to make that determination.
(e) The applicant shall submit to a national criminal background check, the requirement of which is declared to be not against public policy.
(1) The applicant shall meet all requirements necessary to accomplish the national criminal background check, including submitting fingerprints, and authorizing the West Virginia Office of Emergency Medical Services, the West Virginia State Police and the Federal Bureau of Investigation to use all records submitted and produced for the purpose of screening the applicant for certification.
(2) The results of the national criminal background check may not be released to or by a private entity.
(3) The applicant shall submit a fee of $75 for initial certification and a fee of $50 for recertification. The fees set forth in this subsection remain in effect until modified by legislative rule.
(f) If the Commissioner determines that the applicant meets all of the requirements, he or she shall issue an appropriate emergency medical service personnel certificate which shall be valid for a period as determined by the Commissioner.
(f) An application for an original, renewal or temporary emergency medical service personnel certificate or emergency medical services agency license, shall be acted upon by the commissioner and the certificate or license delivered or mailed, or a copy of any order of the commissioner denying any such application delivered or mailed to the applicant, within fifteen days after the date upon which the complete application including test scores and background checks, if applicable, was received by the commissioner.
(g) State and county continuing education and recertification programs for all levels of emergency medical service providers shall be available to emergency medical service providers at a convenient site within one hundred miles of the provider's primary place of operation at sites determined by the regional emergency medical services offices. The continuing education program shall be provided at a cost specified in a fee schedule to be promulgated by legislative rule in accordance with article three, chapter twenty-nine-a of this code by the Secretary of the Department of Health and Human Resources to all nonprofit emergency medical service personnel.
(g) Any person may report to the commissioner or the Director of the Office of Emergency Medical Services information he or she may have that appears to show that a person certified by the commissioner may have violated the provisions of this article or legislative rules promulgated pursuant to this article. A person who is certified by the commissioner, who knows of or observes another person certified by the commissioner violating the provisions of this article or legislative rules promulgated pursuant to this article, has a duty to report the violation to the commissioner or director. Any person who reports or provides information in good faith is immune from civil liability.
(h) The commissioner may issue a temporary emergency medical service personnel certificate to an applicant, with or without examination of the applicant, when he or she finds that issuance to be in the public interest. Unless suspended or revoked, a temporary certificate shall be valid initially for a period not exceeding one hundred twenty days and may not be renewed unless the commissioner finds the renewal to be in the public interest. The expiration date of a temporary certificate shall be extended until the holder is afforded at least one opportunity to take an emergency medical service personnel training course within the general area where he or she serves as an emergency medical service personnel, but the expiration date may not be extended for any longer period of time or for any other reason.
§16-4C-9. Complaints; investigations; due process procedure; grounds for disciplinary action.

(a) The commissioner may at any time upon his or her own motion, and shall, upon the verified written complaint of any person, cause an investigation to be conducted to determine whether there are any grounds exist for the suspension or revocation of a certificate, temporary certificate or license issued disciplinary action under the provisions of this article or legislative rules promulgated pursuant to this article.
(b) An investigator or other person who, under the direction of the commissioner or the director, gathers or reports information in good faith to the commissioner or the director, is immune from civil liability.
(c) After reviewing any information obtained through an investigation, the commissioner or director shall determine if probable cause exists that the licensee or certificate holder has violated any provision of this article or rules promulgated pursuant to this article.
(d) Upon a finding that probable cause exists that the licensee or certificate holder has violated any provision of this article or rules promulgated pursuant to this article, the commissioner or director shall provide a copy of the complaint to the licensee or certificate holder.
(e) The commissioner or the director may enter into a consent decree or hold a hearing for the suspension or revocation of the license or certification or the imposition of sanctions against the licensee or certificate holder.
(f) The commissioner or the director issue subpoenas and subpoenas duces tecum to obtain testimony and documents to aid in the investigation of allegations against any person or agency regulated by the article.
(g) The commissioner or the director may sign a consent decree or other legal document related to the complaint.
(b) (h) The commissioner shall suspend or revoke any certificate, temporary certificate or license when he or she finds the holder thereof has:
(1) Obtained a certificate, temporary certificate or license by means of fraud or deceit; or
(2) Been grossly incompetent, and/or grossly negligent as defined by the commissioner in accordance with rules or by prevailing standards of emergency medical services care; or
(3) Failed or refused to comply with the provisions of this article or any reasonable legislative rule promulgated by the commissioner hereunder or any order or final decision of the commissioner; or
(4) Engaged in any act during the course of duty which has endangered or is likely to endanger the health, welfare or safety of the public.
(i) The commissioner or the director may, after notice and opportunity for hearing, deny or refuse to renew, suspend or revoke the license or certification of, impose probationary conditions upon or take disciplinary action against, any licensee or certificate holder for any violation of this article or any rule promulgated pursuant to this article, once a violation has been proven by a preponderance of the evidence.
(j) Disciplinary action may include:
(1) Reprimand;
(2) Probation;
(3) Administrative penalties and fines;
(4) Mandatory attendance at continuing education seminars or other training;
(5) Practicing under supervision or other restriction;
(6) Requiring the licensee or holder of a certificate to report to the commissioner or director for periodic interviews for a specified period of time;
(7) Other disciplinary action considered by the commissioner or director to be necessary to protect the public, including advising other parties whose legitimate interests may be at risk; or
(8) Other sanctions as set forth by legislative rule promulgated pursuant to this article.
(c) (k) The commissioner shall suspend or revoke any certificate or, temporary certificate or license if he or she finds the existence of any grounds which would justify the denial of an application for the certificate, temporary permit or license certificate or license if application were then being made for it.
§16-4C-10. Procedures for hearing; right of appeal; judicial review.
An application for an original, renewal or temporary emergency medical service personnel certificate or emergency medical services agency license, shall be acted upon by the commissioner and the certificate delivered or mailed, or a copy of any order of the commissioner denying any such application delivered or mailed to the applicant, within fifteen days after the date upon which the application including test scores, if applicable, was received by the commissioner.
Whenever the commissioner refuses to issue an emergency medical service personnel certificate or a temporary emergency medical service personnel certificate or emergency medical services agency license, or suspends or revokes an emergency medical service personnel certificate, or a temporary emergency medical service personnel certificate, he or she shall make and enter an order to that effect, which shall specify the reasons for the denial, suspension or revocation, and shall cause a copy of the order to be served in person or by certified mail, return receipt requested, on the applicant or certificate or license holder, as the case may be.
Whenever a certificate or license is suspended or revoked, the commissioner shall in the order of suspension or revocation direct the holder thereof to return his or her certificate to the commissioner. It shall be the duty of the certificate or license holder to comply with any such order following expiration of the period provided for an appeal to the commissioner.
Any applicant or certificate or license holder, adversely affected by an order made and entered by the commissioner may appeal to the commissioner for an order vacating or modifying the order or for such order as the commissioner should have entered. The person so appealing shall be known as the appellant. An appeal shall be perfected by filing a notice of appeal with the commissioner within ten days after the date upon which the appellant received the copy of the order. The notice of appeal shall be in a form and contain the information prescribed by the commissioner, but in all cases shall contain a description of any order appealed from and the grounds for the appeal. The filing of the notice of appeal shall operate to stay or suspend execution of any order which is the subject matter of the appeal. All of the pertinent provisions of article five, chapter twenty-nine-a of this code apply to and govern the hearing on appeal and the administrative procedures in connection with and following the hearing, with like effect as if the provisions of said article were set forth in extenso herein.
The commissioner shall set a hearing date which shall be not less than ten days after he or she received the notice of appeal unless there is a postponement or continuance. The commissioner may postpone or continue any hearing on his or her own motion, or for good cause shown upon the application of the appellant. The appellant shall be given notice of the hearing in person or by certified mail, return receipt requested. Any such hearing shall be held in Charleston, Kanawha County, West Virginia, unless another place is specified by the commissioner.
After the hearing and consideration of all of the testimony, evidence and record in the case, the commissioner shall make and enter an order affirming, modifying or vacating his or her initial order or shall make and enter any new order. The order shall be accompanied by findings of fact and conclusions of law as specified in section three, article five, chapter twenty-nine-a of this code, and a copy of the order and accompanying findings and conclusions shall be served upon the appellant, in person or by certified mail, return receipt requested.
(a) Hearings are governed by the provisions of article five, chapter twenty-nine a of this code.
(b) The commissioner or director may conduct the hearing or elect to have an Administrative Law Judge conduct the hearing.
(c) If the hearing is conducted by an Administrative Law Judge, the Administrative Law Judge shall prepare a proposed written order at the conclusion of a hearing containing findings of fact and conclusions of law. The proposed order may contain proposed disciplinary actions if the commissioner or director so directs. The commissioner may accept, reject or modify the decision of the Administrative Law Judge.
(d) The commissioner or director has the authority to administer oaths, examine any person under oath and issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing, the commissioner or director determines the licensee or holder of a certificate has violated any provision of this article or the legislative rules promulgated pursuant to this article, a formal written decision shall be prepared which contains findings of fact, conclusions of law and a specific description of the disciplinary actions imposed.
(f) The order of the Commissioner or director is final unless vacated or modified upon judicial review. thereof
(g) Any appellant licensee or certificate holder adversely affected by a final order made and entered by the commissioner or director is entitled to judicial review. thereof All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern the review with like effect as if the provisions of said the section were set forth in extenso herein.
(h) The judgment of the circuit court shall be is final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code.
§16-4C-12. Violations; criminal penalties.
(a) When, as a result of an investigation under this article or otherwise, the commissioner or director has reason to believe that a licensee or certificate holder has committed a criminal offense, the commissioner or director may bring the information to the attention of an appropriate law- enforcement official.
(b) Any person who violates any condition of licensure law or rule or operates an ambulance with an insufficient number of emergency medical service personnel aboard when not lawfully permitted to do so, or who represents himself or herself as a certified emergency medical service personnel knowing the representation to be untrue, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000: Provided, That after July 1, 2010, the fine shall not be more than $5,000.
§16-4C-16. Limitation of liability; mandatory errors and omissions insurance.
(1) (a) Every person, corporation, ambulance service, emergency medical service provider, emergency ambulance authority, emergency ambulance service or other person which employs emergency medical service personnel with or without wages for ambulance service or provides ambulance service in any manner, shall obtain a policy of insurance insuring the person or entity and every employee, agent or servant thereof, against loss from the liability imposed by law for damages arising from any error or omission in the provision of emergency medical services as enumerated by this article, in an amount no less than $1,000,000 per incident. Provided, That each emergency medical services agency having less than this amount on the first day of January, one thousand nine hundred ninety-six, shall obtain the policy of insurance required in this section in the amount of one million dollars on or before the first day of March, one thousand nine hundred ninety-seven. New applicants shall obtain the insurance required in this section in the amount of one million dollars
(2) (b) No emergency medical service personnel or emergency medical service provider may be is liable for civil damages or injuries in excess of the amounts for which the person or entity is actually insured, unless the damages or injuries are intentionally or maliciously inflicted.
(3) (c) Every person or entity required by this section to obtain a policy of insurance as contemplated by this section shall furnish proof of the existence of the policy to the commissioner on or before January 1 of each calendar year. proof of the existence of the policy of insurance required by this section
(4) (d) In the event that Any person or entity who fails to secure a policy of insurance before the person or entity undertakes the provision of providing emergency medical services or emergency medical service agency, whichever occurs last, and keeps the policy of insurance in force thereafter, that person or entity is not entitled to the limited immunity liability created by subsection (2) (b) of this section: Provided, That any physician, who gives instructions to emergency medical service personnel without being compensated, therefor or who treats any patient transported in an ambulance or treats any patient prior to the transport, without being compensated, therefor is entitled to the limited immunity liability provided in subsection (2) (b) of this section."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 396), and there were--yeas 94, nays 2, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Andes and McGeehan.
Absent And Not Voting: Argento, Cann, Manchin and Ross.
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. 4143) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 397), and there were--yeas 94, nays 2, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Andes and McGeehan.
Absent And Not Voting: Argento, Border, Cann and Ross.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4143) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4144, Relating to the board of veterinary medicine.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 10. VETERINARIANS.
§30-10-1. Unlawful acts.
(a) It is unlawful for any person to practice or offer to practice veterinary medicine, veterinary technology or animal euthanasia in this state without a license, registration or certificate issued under the provisions of this article, or advertise or use any title or description tending to convey the impression that they are a veterinarian, veterinary technician or animal euthanasia technician unless such person has been duly licensed, registered or certified under the provisions of this article.
(b) A business entity may not render any service or engage in any activity which, if rendered or engaged in by an individual, would constitute the practice of veterinary medicine, veterinary technology or animal euthanasia, except through a licensee, registrant or certificate holder.
§30-10-2. Applicable law.
The practice of veterinary medicine, veterinary technology and animal euthanasia, and the Board of Veterinary Medicine are subject to the provisions of article one of this chapter, the provisions of this article and the board's rules.
§30-10-3. Definitions.
As used in this article, the following words and terms have the following meanings:
(a) 'Animal' means any animal other than human, and the term includes fowl, birds, amphibians, fish, and reptiles, wild or domestic, living or dead.
(b) 'Animal Control Facility' means a municipal or county operated humane society or animal shelter incorporated and organized under the laws of this state, or a humane society or an animal shelter classified as 501(c)(3) by the Internal Revenue Service, with at least one certified animal euthanasia technician.
(c) 'Applicant' means a person making application for a license, certificate, registration or permit, under the provisions of this article.
(d) 'Board' means the West Virginia Board of Veterinary Medicine.
(e) 'Business entity' means any firm, partnership, association, company, corporation, limited partnership, limited liability company or other entity performing veterinary medicine, veterinary technology or animal euthanasia.
(f) 'Certificate' means an animal euthanasia technician certificate issued under the provisions of this article.
(g) 'Certificate holder' means a person holding a certificate issued under the provisions of this article.
(h) 'Certified animal euthanasia technician' means a person who is certified by the board to euthanize animals in accordance with the provisions of this article.
(i) 'General Supervision' means the supervising veterinarian is in the building where the animal is being treated, has given instructions for treatment and is quickly and easily available.
(j) 'Indirect supervision' means the performance of procedures on the orders of a supervising veterinarian.
(k) 'License' means a veterinary medicine license issued under the provisions of this article.
(l) 'Licensee' means a person holding a license issued under the provisions of this article.
(m) 'Permit' means a temporary permit to practice veterinary medicine issued by the board.
(n) 'Permittee' means a person holding a permit issued under the provisions of this article.
(o) 'Practice of veterinary medicine' means to diagnose, treat, correct, change, relieve or prevent any disease, deformity, defect, injury, or other physical or mental condition, of any animal, or to prescribe for or to administer to any animal any drug, medicine, biologic, apparatus, application, anesthetic or other therapeutic or diagnostic substance or technique, or to render advice or any recommendation with respect to any of the foregoing.
(p) 'Practice of veterinary technology' means the science and art of providing all aspects of professional medical care, services and treatment for animals with the exceptions of diagnosis, prognosis, surgery, prescription and application of any treatments, drugs, medications or appliances, where a valid veterinarian- client-patient relationship exists.
(q) 'Registered veterinary technician' means a person who is duly registered to practice veterinary technology under the provisions of this article.
(r) 'Registrant' means a person holding a registration issued under the provisions of this article.
(s) 'Registration' means a veterinary technician registration issued under the provisions of this article.
(t) 'Supervising veterinarian' means a veterinarian, licensed under this article, who assumes responsibility for the professional care given to an animal by a person authorized by this article to work under his or her general or indirect supervision.
(u) 'Veterinarian' means a person who is licensed to practice veterinary medicine under the provisions of this article.
(v) 'Veterinary assistant' means a person who has not met the requirements for becoming a registered veterinary technician. The duties and tasks of a veterinary assistant are instructed from and directly supervised by a licensed veterinarian, who is accountable for the veterinary assistant's actions. The supervising veterinarian is responsible for determining the ability and competence of the veterinary assistant to perform the directed task or procedure.
(w) 'Veterinarian-client-patient relationship' means a relationship between a veterinarian, a client and a patient, and exists when:
(1) A veterinarian assumes responsibility for medical judgments regarding the health of an animal and the client who is the owner or other caretaker of the animal agrees to follow the veterinarian's instructions; or
(2) A veterinarian, through personal examination of an animal or a representative sample of a herd or flock, obtains sufficient information to make at least a general or preliminary diagnosis of the medical condition of the animal, herd or flock, which diagnosis is expanded through medically appropriate visits to the premises where the animal, herd or flock is kept.
§30-10-4. Board of Veterinary Medicine.
(a) The West Virginia Board of Veterinary Medicine is continued. The members of the board in office on July 1, 2010, shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified.
(b) Prior to July 1, 2010, the Governor, by and with the advice and consent of the Senate, shall appoint:
(1) A registered veterinary technician for a term of five years; and
(2) A licensed veterinarian for a term of four years.
(c) Commencing July 1, 2010, the board shall consist of the following nine members, appointed by the Governor by and with the advice and consent of the Senate:
(1) Six members licensed to practice veterinary medicine in this state;
(2) One member registered to practice veterinary technology in this state; and
(3) Two citizen members, who are not licensed, registered, certified or permitted under the provisions of this article, and who do not perform any services related to the practice of the professions regulated under the provisions of this article.
(d) After the initial appointment term, the appointment term is five years. A member may not serve more than two consecutive terms. A member who has served two consecutive full terms may not be reappointed for at least one year after completion of his or her second full term. A member may continue to serve until his or her successor has been appointed and qualified.
(e) Each licensed or registered member of the board, at the time of his or her appointment, must have held a license or registration in this state for a period of not less than three years immediately preceding the appointment.
(f) Each member of the board must be a resident of this state during the appointment term.
(g) A vacancy on the board shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacant.
(h) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.
(i)A licensed or registered member of the board immediately and automatically forfeits membership to the board if his or her license or registration to practice is suspended or revoked.
(j) A member of the board immediately and automatically forfeits membership to the board if he or she is convicted of a felony under the laws of any jurisdiction or becomes a nonresident of this state.
(k) The board shall elect annually one of its members as chairperson and one member as secretary-treasurer who shall serve at the will and pleasure of the board.
(l) Each member of the board is entitled to receive compensation and expense reimbursement in accordance with article one of this chapter.
(m) A majority of the members of the board constitutes a quorum.
(n) A veterinary technician member may not be employed by a veterinarian on the board.
(o) The board shall hold at least one annual meeting. Other meetings shall be held at the call of the chairperson or upon the written request of three members, at the time and place as designated in the call or request.
(p) Prior to commencing his or her duties as a member of the board, each member shall take and subscribe to the oath required by section five, article four of the Constitution of this state.
§30-10-5. Powers and duties of the board.
The board has all the powers and duties set forth in this article, by rule, in article one of this chapter and elsewhere in law, including:
(1) Hold meetings, conduct hearings and administer examinations;
(2) Establish requirements for a license, permit, certificate and registration;
(3) Establish procedures for submitting, approving and rejecting applications for a license, permit, certificate and registration;
(4) Determine the qualifications of any applicant for a license, permit, certificate and registration;
(5) Establish the fees charged under the provisions of this article;
(6) Issue, renew, deny, suspend, revoke or reinstate a license, permit, certificate and registration;
(7) Prepare, conduct, administer and grade written, oral or written and oral examinations for a license, certificate and registration;
(8) Determine the passing grade for the examinations;
(9) Contract with third parties to administer the examinations required under the provisions of this article;
(10) Maintain records of the examinations the board or a third party administers, including the number of persons taking the examination and the pass and fail rate;
(11) Maintain an office, and hire, discharge, establish the job requirements and fix the compensation of employees and contract with persons necessary to enforce the provisions of this article;
(12) Investigate alleged violations of the provisions of this article, legislative rules, orders and final decisions of the board;
(13) Conduct disciplinary hearings of persons regulated by the board;
(14) Determine disciplinary action and issue orders;
(15) Institute appropriate legal action for the enforcement of the provisions of this article;
(16) Maintain an accurate registry of names and addresses of all persons regulated by the board;
(17) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;
(18) Establish, by legislative rule, the continuing education requirements for licensees, permitees, certificate holders and registrants;
(19) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article;
(20) Sue and be sued in its official name as an agency of this state;
(21) Confer with the Attorney General or his or her assistant in connection with legal matters and questions; and
(22) Take all other actions necessary and proper to effectuate the purposes of this article.
§30-10-6. Rule-making authority.
(a) The board shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including:
(1) Standards and requirements for a license, permit, certificate and registration;
(2) Educational and experience requirements;
(3) Procedures for examinations and reexaminations;
(4) Requirements for third parties to prepare, administer or prepare and administer examinations and reexaminations;
(5) The passing grade on the examination;
(6) Standards for approval of courses;
(7) Establish a certified animal euthanasia technician's program;
(8) Procedures for the issuance and renewal of a license, permit, certificate and registration;
(9) A fee schedule;
(10) Continuing education requirements;
(11) Set standards for ethical conduct;
(12) Establish procedures and requirements for facility inspections;
(13) Clarify the veterinarian-client-patient relationship;
(14) The procedures for denying, suspending, revoking, reinstating or limiting the practice of a licensee, permittee, certificate holder or registrant;
(15) Requirements for a revoked license, permit, certificate and registration; and
(16) Any other rules necessary to effectuate the provisions of this article.
(b) All of the board's rules in effect on July 1, 2010, shall remain in effect until they are amended, modified, repealed or replaced.
§30-10-7. Fees; special revenue account; administrative fines.
(a) All fees and other moneys, except fines, received by the board shall be deposited in a separate special revenue fund in the State Treasury designated the 'Board of Veterinary Medicine Fund', which fund is continued. The fund is used by the board for the administration of this article. Except as may be provided in article one of this chapter, the board shall retain the amounts in the special revenue account from year to year. Any compensation or expense incurred under this article is not a charge against the General Revenue Fund.
(b) The board shall deposit any amounts received as administrative fines imposed pursuant to this article into the General Revenue Fund of the State Treasury.
§30-10-8. Requirements for Veterinary License.
(a) To be eligible for a license to practice veterinary medicine under the provisions of this article, the applicant must:
(1) Be of good moral character;
(2) (A) Be a graduate of an accredited school approved by the board; or
(B) Be a graduate of a foreign veterinary school and hold a certificate of competence issued by a foreign veterinary graduate educational organization as approved by the board;
(3) Have passed the examinations required by the board;
(4) Be at least eighteen years of age;
(5) Be a citizen of the United States or be eligible for employment in the United States;
(6) Not have been convicted of a crime involving moral turpitude;
(7) Not have been convicted of a felony under the laws of any jurisdiction within five years preceding the date of application for licensure which conviction remains unreversed; and
(8) Not have been convicted of a misdemeanor or a felony under the laws of any jurisdiction at any time if the offense for which the applicant was convicted related to the practice of veterinary medicine or animal abuse or neglect.
(b) A person seeking a license under the provisions of this article shall submit an application on a form prescribed by the board and pay all applicable fees.
(c) An applicant from another jurisdiction shall comply with all the requirements of this article.
(d) A license to practice veterinary medicine issued by the board prior to July 1, 2010, shall for all purposes be considered a license issued under this article and may be renewed under this article.
(e) An application for a license to practice veterinary medicine submitted to the board prior to July 1, 2010, shall be considered in conformity with the licensing provisions of this article and the rules promulgated thereunder in effect at the time of the submission of the application.
§30-10-9. Scope of Practice for a Licensed Veterinarian.
A person licensed to practice veterinary medicine may do the following:
(a) Prescribe or administer any drug, medicine, treatment, method or practice for an animal.
(b) Perform any operation or manipulation on or apply any apparatus or appliance to an animal.
(c) Give instruction or demonstration for the cure, amelioration, correction or reduction or modification of an animal condition, disease, deformity, defect, wound or injury.
(d) Diagnose or prognosticate an animal condition, disease, deformity, defect, wound or injury for hire, fee, reward or compensation that is directly or indirectly promised, offered, expected, received or accepted.
(e) Prescribe or administer any legally authorized drug, medicine, treatment, method or practice, perform any operation or manipulation, or apply any apparatus or appliance for the cure, amelioration, correction or modification of an animal condition, disease, deformity, defect, wound or injury for hire, fee, compensation or reward that is directly or indirectly promised, offered, expected, received or accepted.
§30-10-10. Requirements for a registered veterinary technician.
(a) To be eligible for a registration to practice veterinary technology under the provisions of this article, the applicant must:
(1) Be of good moral character;
(2) Have a degree in veterinary technology from an accredited school, approved by the board;
(3) Have passed the examinations required by the board;
(4) Be at least eighteen years of age;
(5) Be a citizen of the United States or be eligible for employment in the United States;
(6) Not have been convicted of a crime involving moral turpitude;
(7) Not have been convicted of a felony under the laws of any jurisdiction within five years preceding the date of application for registration which conviction remains unreversed; and
(8) Not have been convicted of a misdemeanor or a felony under the laws of any jurisdiction at any time if the offense for which the applicant was convicted related to the practice of veterinary technology or animal abuse or neglect.
(b) A person seeking registration under the provisions of this
article shall submit an application on a form prescribed by the board and pay all applicable fees.
(c) A person registered to practice veterinary technology issued by the board prior to July 1, 2010, shall for all purposes be considered registered under this article and may renew pursuant to the provisions of this article.
§30-10-11. Scope of practice for registered veterinary technician.
(a) A registered veterinary technician may do the following under general supervision:
(1) Administer anesthesia, including induction, intravenous sedation, and maintenance and recovery from anesthesia;
(2) Perform dental prophylaxis;
(3) Establish open airways;
(4) Administer resuscitative oxygen procedures;
(5) Administer resuscitative drugs, in the event of cardiac arrest;
(6) Administer immunizations that are not required by law to be administered by a licensed veterinarian;
(7) Prepare or supervise the preparation of patients for surgery;
(8) Assist the veterinarian in immunologic, diagnostic, medical, chemotherapeutic and surgical procedures; and
(9) Perform external suturing.
(b) A registered veterinary technician may do the following under either general or indirect supervision:
(1) Perform diagnostic imaging;
(2) Perform intravenous catheterization;
(3) Administer and apply medications and treatments by oral intramuscular, intravenous and subcutaneous routes;
(4) Apply bandages;
(5) Perform cardiac and respiratory monitoring;
(6) Perform appropriate procedures to control bleeding;
(7) Apply temporary splints or immobilizing bandages;
(8) Perform ear flushing;
(9) Collect specimens; and
(10) Perform laboratory procedures.
(c) A veterinary technician may, without supervision, use emergency treatment procedures when an animal has been placed in a life threatening condition and immediate treatment is necessary to sustain the animal's life. The registered veterinary technician shall immediately take steps to secure the general supervision of a veterinarian.
§30-10-12. Requirements to be a certified animal euthanasia technician.
(a) To be eligible to be a certified animal euthanasia technician a person must:
(1) Apply at least thirty days prior to the date the next written examinations are scheduled, using a form prescribed by the board;
(2) Have a high school diploma or GED,
(3) Pay application and examination fees;
(4) Complete the certified animal euthanasia technician's program established by the board;
(5) Pass the written and practical skills examinations;
(6) Pass the prescribed background check; and
(7) Complete all the other requirements established by the board.
(b) A certified animal euthanasia technician may practice animal euthanasia at a legally operated animal control facility.
(c) A person certified as an animal euthanasia technician by the board prior to July 1, 2010, shall for all purposes be considered certified under this article and may renew pursuant to the provisions of this article.
§30-10-13. Requirements for certified animal euthanasia technicians program.
(a) The board shall create a certified animal euthanasia technician's program. The board shall design this program to teach applicants for certification record keeping and the legal, safety and practical information needed to become a certified animal euthanasia technician.
(b) (1) The board shall administer written examinations to an applicant for certification. The written examinations shall test the applicant's knowledge of the following:
(A) Animal restraint;
(B) Drug enforcement agency regulations;
(C) Record keeping requirements for controlled substances;
(D) Handling, inventory, security and proper storage of euthanasia drugs, solutions and syringes;
(E) The certification process;
(F) Legal requirements;
(G) Stress management;
(H) Approved animal euthanasia drug usage;
(I) Jurisprudence; and
(J) Other subject areas specified by the board in a legislative rule.
(2) The applicant shall pass the written examinations with a minimum correct score, as determined by the board, in order to be eligible to take the practical skills examination provided in subsection (c) of this section.
(c) In addition to the written examinations provided under subsection (b) of this section, the board shall administer a practical skills examination to an applicant who has successfully passed the written examinations. The board shall conduct the practical skills examination in a manner that tests an applicant's ability to properly restrain an animal, measure a correct dosage of euthanasia solution, locate an injection site and perform an injection. In order to pass the practical skills examination, an applicant shall exhibit to the board that he or she can locate an injection site and perform an injection and also perform euthanasia correctly and humanely.
(d) An applicant who successfully passes the written examinations and the practical skills examination required by this section shall sign a form authorizing the board to make inquiries through the United States Department of Justice, or any other legal jurisdiction or entity, for the purpose of determining the character and reputation of the applicant and other matters relating to the certification of the applicant.
§30-10-14. Scope of practice for an animal euthanasia technician.
(a) A certified animal euthanasia technician may euthanize animals assigned to the care of an animal control facility.
(b) A certified animal euthanasia technician shall practice euthanasia within the limitations imposed by this article and rules promulgated by the board under this article.
(c) A certified animal euthanasia technician may not practice or offer to practice his or her profession outside the direct authority of the animal control facility which employs him or her or otherwise contracts for his or her services.
(d) A certified animal euthanasia technician is not qualified and may not indicate that he or she is qualified to act in any capacity relative to animals beyond his or her specified and regulated authority to euthanize animals at the instruction of the animal control facility by which he or she is employed.
(e) Annually, before January 15, a certified animal euthanasia technician shall report to the board the number of animals euthanized at his or her facility during the previous calendar year.
§30-10-15. Renewal requirements.
(a) All persons regulated by the article shall annually or biennially before January 1, renew his or her license, registration or certification by completing a form prescribed by the board, paying all applicable fees and submitting any other information required by the board.
(b) At least thirty days prior to January 1, the board shall mail to every person regulated by the article an application for renewal.
(c) The board shall charge a fee for each renewal and a late fee for any renewal not properly completed and received with the appropriate fee by the due date.
(d) The board shall require as a condition of renewal that each licensee, registrant and certificate holder complete continuing education.
(e) The board may deny an application for renewal for any reason which would justify the denial of an original application.
(f) The board may authorize the waiving of the renewal fee of a licensed veterinarian or registered veterinarian technician during the period when he or she is on active duty with any branch of the armed services or the public health service of the United States or a declared emergency.
(g) After July 1, 2010, a previously certified animal euthanasia technician may renew his or her certification without having obtained a high school degree or GED.
§30-10-16. Temporary permits for a veterinarian.
(a) Upon completion of an application and payment of the applicable fees, the board may issue a temporary permit to a person to practice veterinary medicine in this state who has completed the educational requirements set out in this article, is waiting to take the state examination, and is working under a supervising veterinarian.
(b) The temporary permit is valid for a period not to exceed the next scheduled examination date first held following the issuance of the temporary permit and expires the day after the board gives written notice to the permitee of the results.
(c) A temporary permit may be revoked by a majority vote of the board without a hearing.
§30-10-17. Exemptions from article.
The following persons are exempt from licensing under the provisions of this article:
(a) An employee of the federal government performing his or her official duties, as defined by the employing agency;
(b) A student of a veterinary school working under the direct supervision of a licensed veterinarian;
(c) A person advising with respect to or performing acts which the board has prescribed by legislative rule as accepted livestock management practices;
(d) The owner of an animal, the owner's employees, or persons assisting the owner without any fee or compensation, caring for and treating the animal, except where the ownership of the animal was transferred for the purpose of circumventing the provisions of this article;
(e) A member of the faculty of a veterinary school performing his or her regular duties and functions, including lecturing, giving instructions or demonstrations, at a veterinary school or in connection with a board approved continuing education course or seminar;
(f) A person selling or applying a pesticide, insecticide or herbicide;
(g) A person engaging in bona fide scientific research which reasonably requires experimentation involving animals;
(h) A person engaging in bona fide scientific research in consultation with a licensed veterinarian in this state;
(i) A person treating or relieving a living animal in the case of an emergency for no fee or other compensation;
(j) A person who disposes of the carcass of a dead animal; and
(k) Veterinary assistants acting under the general supervision of a licensed veterinarian.
§30-10-18. Display of license, permit, registration and certificate.
(a) The board shall prescribe the form for a license, permit, registration and certificate and may issue a duplicate upon payment of a fee.
(b) Any person regulated by this article shall conspicuously display his or her license, permit, registration or certification at his or her principal business location.
§30-10-19. Complaints; investigations; due process procedure; grounds for disciplinary action.
(a) The board may upon its own motion and shall upon the written complaint of any person cause an investigation to be made to determine whether grounds exist for disciplinary action under this article.
(b) Upon initiation or receipt of the complaint, the board shall provide a copy of the complaint to the licensee, permittee, registrant or certificate holder.
(c) After reviewing any information obtained through an investigation, the board shall determine if probable cause exists that the licensee, permittee, registrant or certificate holder has violated any provision of this article.
(d) Upon a finding that probable cause exists that the licensee, permittee, registrant or certificate holder has violated this article, the board may enter into a consent decree or hold a hearing for the suspension or revocation of the license, permit, registration or certificate or the imposition of sanctions against the licensee, permittee, registrant or certificate holder. The hearing shall be held in accordance with the provisions of this article.
(e) Any member of the board or the executive director of the board may issue subpoenas and subpoenas duces tecum to obtain testimony and documents to aid in the investigation of allegations against any person regulated by this article.
(f) Any member of the board or its executive director may sign a consent decree or other legal document on behalf of the board.
(g) The board may, after notice and opportunity for hearing, deny, refuse to renew, suspend or revoke the license, permit, registration or certificate of, impose probationary conditions upon or take disciplinary action against, any licensee, permittee, registrant or certificate holder for any of the following reasons:
(1) Obtaining a license, permit, registration or certificate by fraud, misrepresentation or concealment of material facts;
(2) Being convicted of a felony or other crime involving moral turpitude;
(3) Being guilty of unprofessional conduct;
(4) Intentional violation of this article or lawful order;
(5) Having had a license or other authorization to practice revoked or suspended, other disciplinary action taken, or an application for licensure or other authorization refused, revoked or suspended by the proper authorities of another jurisdiction, irrespective of intervening appeals and stays; or
(6) Engaging in any act which has endangered or is likely to endanger the health, welfare or safety of the public.
(h) For the purposes of subsection (g) of this section, disciplinary action may include:
(1) Reprimand;
(2) Probation;
(3) Administrative fine, not to exceed $1,000 a day per violation;
(4) Mandatory attendance at continuing education seminars or other training;
(5) Practicing under supervision or other restriction;
(6) Requiring the licensee, permittee, registrant or certificate holder to report to the board for periodic interviews for a specified period of time; or
(7) Other corrective action considered by the board to be necessary to protect the public, including advising other parties whose legitimate interests may be at risk.
§30-10-20. Procedures for hearing; right of appeal.
(a) Hearings shall be governed by the provisions of section eight, article one of this chapter.
(b) The board may conduct the hearing or elect to have an administrative law judge conduct the hearing.
(c) If the hearing is conducted by an administrative law judge, the administrative law judge shall prepare a proposed written order containing findings of fact and conclusions of law at the conclusion of a hearing. The proposed order may contain proposed disciplinary actions if the board so directs. The board may accept, reject or modify the decision of the administrative law judge.
(d) Any member or the executive director of the board has the authority to administer oaths, examine any person under oath and issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing, the board determines the licensee, permittee, registrant or certificate holder has violated this article, a formal written decision shall be prepared which contains findings of fact, conclusions of law and a specific description of the disciplinary actions imposed.
§30-10-21. Judicial review; appeal to Supreme Court of Appeals.
Any licensee, permittee, registrant or certificate holder adversely affected by a decision of the board entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code, and may appeal any ruling resulting from judicial review in accordance with article six, chapter twenty-nine-a of this code.
§30-10-22. Criminal proceedings; penalties.
(a) When, as a result of an investigation under this article or otherwise, the board has reason to believe that a person has knowingly violated this article, the board may bring its information to the attention of an appropriate law-enforcement official who may cause criminal proceedings to be brought.
(b) Any person violating a provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000 or confined in jail not more than six months, or both fined and confined.
§30-10-23. Single act evidence of practice.
In any action brought or in any proceeding initiated under this article, evidence of the commission of a single act prohibited by this article is sufficient to justify a penalty, injunction, restraining order or conviction without evidence of a general course of conduct.
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 398), and there were--yeas 94, nays 3, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Andes, McGeehan and J. Miller.
Absent And Not Voting: Argento, Cann and Ross.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4144) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4186, Relating to the practice of nursing home administration.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §30-25-1, §30-25-2, §30-25-3, §30-25-4, §30-25-5, §30-25-6, §30-25-7, §30-25-8, §30-25-9, §30-25-10 and §30-25-11 of the Code of West Virginia, as amended, be amended and reenacted; and that said code be amended by adding thereto seven new sections, designated §30-25-12, §30-25-13, §30-25-14, §30-25-15, §30-25-16, §30-25-17 and §30-25-18, all to read as follows:
ARTICLE 25. NURSING HOME ADMINISTRATORS.
§30-25-1. Unlawful acts.
(a) It is unlawful for any person to practice or offer to practice nursing home administration in this state without a license or permit issued under the provisions of this article, or advertise or use any title or description tending to convey the impression that they are a nursing home administrator unless the person has been duly licensed or permitted under the provisions of this article.
(b) A business entity may not render any service or engage in any activity which, if rendered or engaged in by an individual, would constitute the practice of nursing home administration, except through a licensee or permittee.
§30-25-2. Applicable law.
The practice licensed under the provisions of this article and the West Virginia Nursing Home Administrators Licensing Board is subject to article one of this chapter, the provisions of this article, and any rules promulgated hereunder.
§30-25-3. Definitions.
As used in this article:
(1) 'Applicant' means any person making application for an original or renewal license or a temporary or emergency permit under the provisions of this article.
(2) 'Board' means the West Virginia Nursing Home Administrators Licensing Board created by this article.
(3) 'License' means a license to practice nursing home administration under the provisions of this article.
(4) 'Licensee' means a nursing home administrator licensed under this article.
(5) 'Nursing home' means a nursing home as that term is defined in subdivision (c), section two, article five-c, chapter sixteen of this code.
(6) 'Nursing home administrator' means a person who performs or is responsible for planning, organizing, directing and controlling a nursing home, whether or not such the person has an ownership interest in the nursing home or shares the functions.
(7) 'Permit' means a temporary permit or emergency permit issued under the provisions of this article.
(8) 'Permittee' means any person holding a permit issued pursuant to the provisions of this article.
(9) 'Practice of nursing home administration' means any service requiring nursing home administration education, training, or experience and applying such to planning, organizing, staffing, directing, and controlling of the total management of a nursing home.
§30-25-4. West Virginia Nursing Home Administrators Licensing Board.
(a) The West Virginia Nursing Home Administrators Licensing Board terminates on June 30, 2010. The terms of the members of the board serving on June 1, 2010, terminate on June 30, 2010.
(b) Prior to July 1, 2010, the Governor shall appoint, by and with advice and consent of the Senate:
(1) Two persons who are licensed nursing home administrators, each for a term of five years;
(2) One person who is licensed as a nursing home administrator for a term of four years;
(3) One person who is licensed as a nursing home administrator for a term of three years;
(4) One person who is licensed as a nursing home administrator for a term of two years; and
(5) Two citizen members, who are not licensed under the provisions of this article and who do not perform any services related to the practice of the profession regulated under the provisions of this article, one for a term of four years, and one for a term of three years.
(c) After the initial appointment, the term shall be for five years. All appointments to the board shall be made by the Governor by and with the advice and consent of the Senate.
(d) Commencing July 1, 2010, the board is created and shall consist of the following seven voting members and one ex-officio nonvoting member:
(1) Five members who are licensed nursing home administrators;
(2) Two citizen members, who are not licensed under the provisions of this article and who do not perform any services related to the practice of the professions regulated under the provisions of this article, for a term of three years; and
(3) The Commissioner of the Bureau for Public Health or his or her designee is an ex-officio nonvoting member.
(e) Each licensed member of the board, at the time of his or her appointment, must have held a license in this state for a period of not less than five years immediately preceding the appointment.
(f) Each member of the board must be a resident of this state during the appointment term.
(g) A member may not serve more than two consecutive full terms. A member may continue to serve until a successor has been appointed and has qualified.
(h) A vacancy on the board shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacant and the appointment shall be made within sixty days of the vacancy.
(i) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.
(j) A member of the board immediately and automatically forfeits membership to the board if his or her license to practice is suspended or revoked, he or she is convicted of a felony under the laws of any jurisdiction, or he or she becomes a nonresident of this state.
(k) The board shall elect annually one of its members as a chairperson and one of its members as a secretary who serve at the will of the board.
(l) Each member of the board is entitled to compensation and expense reimbursement in accordance with article one of this chapter.
(m) A majority of the members of the board constitutes a quorum.
(n) The board shall hold at least two meetings each year. Other meetings may be held at the call of the chairperson or upon the written request of two members, at the time and place as designated in the call or request.
(o) Prior to commencing his or her duties as a member of the board, each member shall take and subscribe to the oath required by section five, article four of the Constitution of this state.
§30-25-5. Powers and duties of the board.
(a) The board has all the powers and duties set forth in this article, by rule, in article one of this chapter and elsewhere in law.
(b) The board shall:
(1) Hold meetings, conduct hearings and administer examinations;
(2) Establish requirements for licenses and permits;
(3) Establish procedures for submitting, approving and rejecting applications for licenses and permits;
(4) Determine the qualifications of any applicant for licenses and permits;
(5) Prepare, conduct, administer and grade examinations for licenses;
(6) Determine the passing grade for the examinations;
(7) Maintain records of the examinations the board or a third party administers, including the number of persons taking the examinations and the pass and fail rate;
(8) Hire, discharge, establish the job requirements and fix the compensation of the executive director;
(9) Maintain an office, and hire, discharge, establish the job requirements and fix the compensation of employees, investigators and contracted employees necessary to enforce the provisions of this article;
(10) Investigate alleged violations of the provisions of this article, legislative rules, orders and final decisions of the board;
(11) Conduct disciplinary hearings of persons regulated by the board;
(12) Determine disciplinary action and issue orders;
(13) Institute appropriate legal action for the enforcement of the provisions of this article;
(14) Maintain an accurate registry of names and addresses of all persons regulated by the board;
(15) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;
(16) Establish the continuing education requirements for licensees;
(17) Issue, renew, combine, deny, restrict, suspend, restrict, revoke or reinstate licenses and permits;
(18) Establish a fee schedule;
(19) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article; and
(20) Take all other actions necessary and proper to effectuate the purposes of this article.
(c) The board may:
(1) Contract with third parties to administer examinations required under the provisions of this article;
(2) Sue and be sued in its official name as an agency of this state; and
(3) Confer with the Attorney General or his or her assistant in connection with legal matters and questions.
§30-25-6. Rulemaking.
(a) The board shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including:
(1) Standards and requirements for licenses and permits;
(2) Procedures for examinations and reexaminations;
(3) Requirements for third parties to prepare and/or administer examinations and reexaminations;
(4) Educational and experience requirements;
(5) The passing grade on the examinations;
(6) Standards for approval of courses and curriculum;
(7) Procedures for the issuance and renewal of licenses and permits;
(8) Procedures to address substandard quality of care notices from the West Virginia Office of Health Facility Licensure;
(9) A fee schedule;
(10) Procedure to publish a notice of a disciplinary hearing against a licensee;
(11) Continuing education requirements for licensees;
(12) The procedures for denying, suspending, restricting, revoking, reinstating or limiting the practice of licensees and permittees;
(13) Adoption of a standard for ethics;
(14) Requirements for inactive or revoked licenses or permits; and
(15) Any other rules necessary to effectuate the provisions of this article.
(b) All of the board's rules in effect on July 1, 2010, shall remain in effect until they are amended or repealed, and references to provisions of former enactments of this article are interpreted to mean provisions of this article.
§30-25-7. Fees; special revenue account; administrative fines.
(a) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the State Treasury designated the 'West Virginia Nursing Home Administrators Licensing Board Fund', which is continued. The fund is used by the board for the administration of this article. Except as may be provided in article one of this chapter, the board retains the amount in the special revenue account from year to year. No compensation or expense incurred under this article is a charge against the General Revenue Fund.
(b) Any amount received as fines, imposed pursuant to this article, shall be deposited into the General Revenue Fund of the State Treasury.
§30-25-8. Qualifications for license; exceptions; application; fees.
(a) To be eligible for a license to engage in the practice of nursing home administration, the applicant must:
(1) Submit an application to the board;
(2) Be of good moral character;
(3) Obtain a baccalaureate degree;
(4) Pass a state and national examination as approved by the board;
(5) Complete the required experience as prescribed by the board;
(6) Successfully complete a criminal background check, through the West Virginia State Police and the National Criminal Investigative Center;
(7) Successfully complete a Health Integrity Protection Data Bank check;
(8) Not be an alcohol or drug abuser as these terms are defined in section eleven, article one-a, chapter twenty-seven of this code: Provided, That an applicant in an active recovery process, which may, in the discretion of the board, be evidenced by participation in a twelve-step program or other similar group or process, may be considered;
(9) Not have been convicted of a felony in any jurisdiction within ten years preceding the date of application for license which conviction remains unreversed;
(10) Not have been convicted of a misdemeanor or felony in any jurisdiction if the offense for which he or she was convicted related to the practice of nursing home administration, which conviction remains unreversed; and
(11) Has fulfilled any other requirement specified by the board.
(b) A license issued by the board prior to July 1, 2010, shall for all purposes be considered a license issued under this article: Provided, That a person holding a license issued prior to July 1, 2010, must renew the license pursuant to the provisions of this article.
§30-28-9. License to practice nursing home administration from another jurisdiction.
The board may issue a license to practice to an applicant of good moral character who holds a valid license or other authorization to practice nursing home administration from another state, if the applicant:
(1) Holds a license or other authorization to practice in another state which was granted after the completion of educational requirements substantially equivalent to those required in this state and passed examinations that are substantially equivalent to the examinations required in this state;
(2) Does not have charges pending against his or her license or other authorization to practice, and has never had a license or other authorization to practice revoked;
(3) Has not previously failed an examination for licensure in this state;
(4) Has paid the applicable fee;
(5) Is a citizen of the United States or is eligible for employment in the United States; and
(6) Has fulfilled any other requirement specified by the board.
§30-25-10. Temporary and Emergency Permits.
(a) The board may issue a temporary permit for a period of ninety days, to an applicant seeking licensure pursuant to section nine of this article who has accepted employment in West Virginia, but who must wait for the board to meet to act on his or her application. The temporary permit may be renewed at the discretion of the board.
(b) The board may issue an emergency permit to a person who is designated as an acting nursing home administrator, if a licensed nursing home administrator dies or is unable to continue due to an unexpected cause. The board may issue the emergency permit to the owner, governing body or other appropriate authority in charge of the nursing home, if it finds the appointment will not endanger the safety of the occupants of the nursing home. A emergency permit is valid for a period determined by the board not to exceed six months and shall not be renewed.
(c) The board shall charge a fee for the temporary permit and emergency permit.
§30-25-11. Renewal requirements.

(a) All persons regulated by the article shall annually before June 30, renew his or her license by completing a form prescribed by the board and submitting any other information required by the board.
(b) The board shall charge a fee for each renewal of a license or permit and shall charge a late fee for any renewal not properly completed and received with the appropriate fee by the board before June 30.
(c) The board shall require as a condition for the renewal that each licensee complete continuing education.
(d) The board may deny an application for renewal for any reason which would justify the denial of an original application for a license.
§30-25-12. Inactive license requirements.
(a) A licensee who does not want to continue in active practice shall notify the board in writing and be granted inactive status.
(b) A person granted inactive status is exempt from fee requirements and continuing education requirements, and cannot practice in this state.
(c) When an inactive licensee wants to return to active practice, he or she must complete all the continuing education requirements for every licensure year the licensee was on inactive status and pay all the applicable fees as determined by the board.
§30-25-13. Display of license.
(a) The board shall prescribe the form for a license and permit, and may issue a duplicate upon payment of a fee.
(b) Any person regulated by the article shall conspicuously display his or her license or permit at his or her principal business location.
§30-25-14. Complaints; investigations; due process procedure; grounds for disciplinary action.
(a) The board may upon its own motion based on credible information, and shall upon the written complaint of any person, cause an investigation to be made to determine whether grounds exist for disciplinary action under this article or the legislative rules promulgated pursuant to this article.
(b) Upon initiation or receipt of the complaint, the board shall provide a copy of the complaint to the licensee or permittee.
(c) After reviewing any information obtained through an investigation, the board shall determine if probable cause exists that the licensee or permittee has violated subsection (g) of this section or rules promulgated pursuant to this article.
(d) Upon a finding that probable cause exists that the licensee or permittee has violated subsection (g) of this section or rules promulgated pursuant to this article, the board may enter into a consent decree or hold a hearing for the suspension or revocation of the license or permit or the imposition of sanctions against the licensee or permittee. Any hearing shall be held in accordance with the provisions of this article.
(e) Any member of the board or the executive director of the board may issue subpoenas and subpoenas duces tecum to obtain testimony and documents to aid in the investigation of allegations against any person regulated by the article.
(f) Any member of the board or its executive director may sign a consent decree or other legal document on behalf of the board.
(g) The board may, after notice and opportunity for hearing, deny or refuse to renew, suspend or revoke the license or permit of, impose probationary conditions upon or take disciplinary action against, any licensee or permittee for any of the following reasons once a violation has been proven by a preponderance of the evidence:
(1) Obtaining a license or permit by fraud, misrepresentation or concealment of material facts;
(2) Being convicted of a felony or other crime involving moral turpitude;
(3) Being guilty of unprofessional conduct which placed the public at risk, as defined by legislative rule of the board;
(4) Intentional violation of a lawful order or legislative rule of the board;
(5) Having had a license or other authorization revoked or suspended, other disciplinary action taken, or an application for licensure or other authorization revoked or suspended by the proper authorities of another jurisdiction;
(6) Aiding or abetting unlicensed practice; or
(7) Engaging in an act while acting in a professional capacity which has endangered or is likely to endanger the health, welfare or safety of the public.
(h) For the purposes of subsection (g) of this section, disciplinary action may include:
(1) Reprimand;
(2) Probation;
(3) Administrative fine, not to exceed $1,000 per day per violation;
(4) Mandatory attendance at continuing education seminars or other training;
(5) Practicing under supervision or other restriction;
(6) Requiring the licensee or permittee to report to the board for periodic interviews for a specified period of time; or
(7) Other corrective action considered by the board to be necessary to protect the public, including advising other parties whose legitimate interests may be at risk.
§30-25-15. Procedures for hearing; right of appeal.
(a) Hearings shall be governed by the provisions of section eight, article one of this chapter.
(b) The board may conduct the hearing or elect to have an administrative law judge conduct the hearing.
(c) If the hearing is conducted by an administrative law judge, at the conclusion of a hearing he or she shall prepare a proposed written order containing findings of fact and conclusions of law. The proposed order may contain proposed disciplinary actions if the board so directs. The board may accept, reject or modify the decision of the administrative law judge.
(d) Any member or the executive director of the board has the authority to administer oaths, examine any person under oath and issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing, the board determines the licensee, or permittee has violated any provision of this article or the board's rules, a formal written decision shall be prepared which contains findings of fact, conclusions of law and a specific description of the disciplinary actions imposed.
§30-25-16. Judicial review.
Any licensee or permittee adversely affected by a decision of the board entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code, and may appeal any ruling resulting from judicial review in accordance with article six, chapter twenty-nine-a of this code.
§30-25-17. Criminal proceedings; penalties.
(a) When, as a result of an investigation under this article or otherwise, the board has reason to believe that a licensee has committed a criminal offense under this article, the board may bring its information to the attention of an appropriate law-enforcement official.
(b) A person violating section one of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 not more than $1,000 or confined in jail not more than six months, or both fined and confined.
§30-25-18. Single act evidence of practice.
In any action brought or in any proceeding initiated under this article, evidence of the commission of a single act prohibited by this article is sufficient to justify a penalty, injunction, restraining order or conviction without evidence of a general course of conduct."
And by amending the title of the bill to read as follows:
Com. Sub. for H. B. 4186 - "A Bill to amend and reenact §30-25-1, §30-25-2, §30-25-3, §30-25-4, §30-25-5, §30-25-6, §30-25-7, §30-25-8, §30-25-9, §30-25-10 and §30-25-11 of the Code of West Virginia, as amended, be amended and reenacted; and that said code be amended by adding thereto seven new sections, designated §30-25-12, §30-25-13, §30-25-14, §30-25-15, §30-25-16, §30-25-17 and §30-25-18 all relating to the practice of nursing home administration; continuing the West Virginia Nursing Home Administrators Licensing Board; prohibiting the practice of nursing home administration without a license; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rulemaking authority; continuing a special revenue account; establishing license requirements; providing for licensure for persons licensed in another state; establishing renewal requirements; providing permit requirements; requiring display of license; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties and providing that a single act is evidence of practice."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 399), and there were--yeas 91, nays 6, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Carmichael, Ireland, McGeehan, J. Miller and Walters.
Absent And Not Voting: Argento, Cann and Ross.
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. 4186) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4201, Creating the Livestock Care Standards Board.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 1C. CARE OF LIVESTOCK.
§19-1C-1. Legislative findings.
(a) The Legislature finds that the following are important to protect the health and welfare of the citizens of West Virginia:
(1) Establishing standards governing the care and well-being of livestock in this state;
(2) Maintaining food safety;
(3) Encouraging locally grown and raised food; and
(4) Protecting West Virginia farms and families.
(b) Therefore, to protect the public interest, the Legislature finds that it is necessary to create a Livestock Care Standards Board.
§19-1C-2. Definitions.
For the purposes of this article:
(1) 'Board' means the Livestock Care Standards Board.
(2) 'Livestock' has the same definition as set out in subsection (d), section two, article ten-b of this chapter.
§19-1C-3. Livestock Care Standards Board.
(a) On July 1, 2010, there is hereby created the Livestock Care Standards Board.
(b) Prior to July 1, 2010, the Governor shall appoint, by and with the advice and consent of the Senate, the following eleven members:
(1) One member who is a veterinarian licensed in this state engaging in large animal practice, for a term of two years;
(2) The dean of the agriculture department of a college or university located in this state, for a term of three years;
(3) One member representing a county humane society that is organized under state law, for a term of four years;
(4) One member who is knowledgeable about food safety in this state, for a term of five years;
(5) Two members of the public representing West Virginia consumers, one for a term of two years and one for a term of four years;
(6) Two members representing state agricultural organizations that represent farmers, one of whom must be a member of the largest organization in the state representing farmers for a term of three years, and the other must be a member of a statewide livestock organization, for a term of five years; and
(7) Three members representing family farms engaged in animal production, at least two of whom are family farmers, for the following terms: one for three years, one for four years and one for five years.
(c) After the initial appointment terms, the appointment term is five years. Appointed members may be reappointed for additional terms.
(d) Commencing July 1, 2010, the board consists of the following thirteen members:
(1) The Commissioner of the Department of Agriculture or his or her designee, ex officio non-voting, who is the chairperson of the board;
(2) The Director of the Animal Health Division, ex officio non-voting;
(3) One member who is a veterinarian licensed in this state engaging in large animal practice;
(4) The dean of the agriculture department of a college or university located in this state;
(5) One member representing a county humane society that is organized under state law;
(6) One member who is knowledgeable about food safety in this state;
(7) Two members of the public representing West Virginia consumers;
(8) Two members representing state agricultural organizations that represent farmers, one of whom must be a member of the largest organization in the state representing farmers, and the other must be a member of a statewide livestock organization; and
(9) Three members representing family farms engaged in animal production, at least two of whom are family farmers.
(e) All members must be residents of this state during their terms. No more than seven members of the board may be of the same political party and no more than five may be from the same congressional district at any given time.
(f) All appointed members serve until their successor has been appointed and qualified. Vacancies shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
§19-1C-4. Powers and duties of the board.
(a) The board has the following powers and duties to:
(1) Establish standards governing the care and well-being of livestock in this state;
(2) Maintain food safety;
(3) Encourage locally grown and raised food; and
(4) Protect West Virginia farms and families.
(b) The board is also authorized to establish standards by legislative rule, pursuant to the provisions of article three, chapter twenty-nine-a of this code, governing the care and well-being of livestock in this state, including:
(1) The agricultural best management practices for the care and well-being of livestock and poultry in this state;
(2) Biosecurity, disease prevention, animal morbidity and mortality data;
(3) Food safety practices; and
(4) The protection of local, affordable food supplies for consumers.
(c) The Department of Agriculture shall administer and enforce the standards established by the board that are approved by the Legislature.
§19-1C-5. Compensation of board members.

(a) The ex officio members of the board may not receive compensation for serving on the board.
(b) The appointed members of the board shall receive compensation for each day or portion of a day engaged in the discharge of official duties, which compensation may not exceed the amount paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law.
(c) Each member of the board shall be reimbursed actual and necessary expenses incurred for each day or portion of a day engaged in the discharge of official duties in a manner consistent with the guidelines of the Travel Management Office of the Department of Administration.
§19-1C-6. Meetings of the board.
The board shall meet at least annually, and the chairperson may call additional meetings of the board upon the written request of three members."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 400), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Andes.
Absent And Not Voting: Argento, Cann and Ross.
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. 4201) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with title amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4260, Relating to insurance adjusters.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate title amendment was reported by the Clerk:
On page one, by amending the title of the bill to read as follows:
Com. Sub. for H. B. 4260 - "A Bill to repeal §33-12B-2 and §33-12B-13 of the Code of West Virginia, 1931, as amended; to amend and reenact §33-12B-1, §33-12B-3, §33-12B-5, §33-12B-9, §33-12B-10 and §33-12B-11 of said code; to amend said code by adding thereto a new section, designated §33-12B-10a, all relating to insurance adjusters; providing definitions; permitting an adjuster to designate a home state; establishing a new crop adjuster license and its qualifications; revising the requirements for nonresident adjusters; revising licensing renewal requirements; requiring notification by adjusters of legal actions taken against them; granting the Insurance Commissioner the authority to examine the business practices of persons holding or applying for adjuster licenses; clarifying the hearing process to be used concerning adverse administrative actions; providing for placing an adjuster on probation for violation of the provisions of the chapter or rules; providing for suspension or revocation of license for failure to pay administrative penalty; increasing maximum administrative penalty for violations; and providing for judicial review."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 401), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: McGeehan.
Absent And Not Voting: Argento, Cann and Ross.
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. 4260) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4273, Relating to professional employer organizations.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 46A. PROFESSIONAL EMPLOYER ORGANIZATIONS.
§33-46A-4a. Operation of a PEO without a license; enforcement; penalties; fraud unit may investigate.

(a) Any person who operates a PEO without a license issued in accordance with this article is subject to the all of the injunctive, criminal, civil and administrative relief and criminal penalties as provided in article forty-four of this chapter for the unauthorized transaction of insurance.
(b) In addition to the other investigative authority granted to the commissioner in this chapter, the insurance fraud unit created pursuant to the provisions of section eight, article forty-one of this chapter may investigate suspected violations of this article."
And by amending the title of the bill to read as follows:
Com. Sub. for H. B. 4273 - "A Bill to amend the Code of West Virginia, 1931, as amended by adding thereto a new section, designated §33-46A-4a, all relating to professional employer organizations; providing that a professional employer organization operating without a license is subject to the same enforcement provisions and criminal penalties as unauthorized insurers; and authorizing insurance fraud unit to conduct investigations."
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. 4281, Replacing references to 'mental retardation' with 'intellectual disability'.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §27-1A-12 of the Code of West Virginia, 1931, as amended, be repealed; that §27-2-1a and §27-2-1b of said code be repealed; that §9-4C-1 and §9-4C-5 of said code be amended and reenacted; that §9-5-11c of said code be amended and reenacted; that §11-27-10 and §11-27-11 of said code be amended and reenacted; that §16-1-4 of said code be amended and reenacted; that §16-2D-2 and §16-2D-5 of said code be amended and reenacted; that §16-5F-2 of said code be emended and reenacted; that §16-5O-2 of said code be amended and reenacted; that §16-22-1 and §16-22-2 of said code be amended and reenacted; that §16-29A-3 of said code be amended and reenacted; that §16-30-7 and §16-30-24 of said code be amended and reenacted; that §27-1-3, §27-1-6, §27-1-7 and §27-1-9 of said code be amended and reenacted; that §27-1A-1, §27-1A-4 and §27-1A-6 of said code be amended and reenacted; that §27-2-1 of said code be amended and reenacted; that §27-2A-1 of said code be amended and reenacted; that §27-5-9 of said code be amended and reenacted; that §27-9-1 of said code be amended and reenacted; that §27-12-1 of said code be amended and reenacted; that §29-15-1, §29-15-5 and §29-15-6 of said code be amended and reenacted; that §44A-1-1 and §44A-1-2 of said code be amended and reenacted; and that §49-4A-6 be amended and reenacted, all to read as follows:

CHAPTER 9. HUMAN SERVICES.

ARTICLE 4C. HEALTH CARE PROVIDER MEDICAID ENHANCEMENT ACT.
§9-4C-1. Definitions.

The following words when used in this article have the meanings ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:
(a) 'Ambulance service provider' means a person rendering ambulance services within this state and receiving reimbursement, directly as an individual provider or indirectly as an employee or agent of a medical clinic, partnership or other business entity.
(b) 'General health care provider' means an audiologist, a behavioral health center, a chiropractor, a community care center, an independent laboratory, an independent X ray service, an occupational therapist, an optician, an optometrist, a physical therapist, a podiatrist, a private duty nurse, a psychologist, a rehabilitative specialist, a respiratory therapist and a speech therapist rendering services within this state and receiving reimbursement, directly as an individual provider or indirectly as an employee or agent of a medical clinic, partnership or other business entity.
(c) 'Inpatient hospital services provider' means a provider of inpatient hospital services for purposes of Section 1903(w) of the Social Security Act.
(d) 'Intermediate care facility for the mentally retarded individuals with an intellectual disability services provider' means a provider of intermediate care facility services for the mentally retarded individuals with an intellectual disability for purposes of Section 1903(w) of the Social Security Act.
(e) 'Nursing facility services provider' means a provider of nursing facility services for purposes of Section 1903(w) of the Social Security Act.
(f) 'Outpatient hospital service provider' means a hospital providing preventative, diagnostic, therapeutic, rehabilitative or palliative services that are furnished to outpatients.
(g) 'Secretary' means the Secretary of the Department of Health and Human Resources.
(h) 'Single state agency' means the single state agency for Medicaid in this state.
§9-4C-5. Facility providers' medicaid enhancement board.
(a) The outpatient hospital medicaid enhancement board created by this section shall cease to exist on the effective date of this article.
(b) There is hereby continued the facility providers' medicaid enhancement board to consist of seven members. In order to carry out the purpose of this article, the board shall represent ambulatory surgical centers, inpatient hospital service providers, outpatient hospital service providers, nursing facility service providers and intermediate care facility for the mentally retarded individuals with an intellectual disability service providers.
(c) The board shall consist of one representative from each of the aforementioned classes of health care providers, one lay person and the secretary, or his or her designee, who shall serve as an ex officio, nonvoting member. The governor shall make all appointments within thirty days after the effective date of this article.
(d) After initial appointment of the board, any appointment to fill a vacancy shall be for the unexpired term only, shall be made in the same manner as the initial appointment, and the terms of all members shall expire on the first day of July, one thousand nine hundred ninety-six.
ARTICLE 5. MISCELLANEOUS PROVISIONS.
§9-5-11c. Right of the Department of Health and Human Resources to recover medical assistance.

(a) Upon the death of a person who was fifty-five years of age or older at the time the person received welfare assistance consisting of nursing facility services, home and community-based services, and related hospital and prescription drug services, the Department of Health and Human Resources, in addition to any other available remedy, may file a claim or lien against the estate of the recipient for the total amount of medical assistance provided by Medicaid for nursing facility services, home and community-based services, and related hospital and prescription drug services provided for the benefit of the recipient. Claims so filed shall be classified as and included in the class of debts due the state.
(b) The department may recover pursuant to subsection (a) only after the death of the individual's surviving spouse, if any and only after such time as the individual has no surviving children under the age of twenty-one, or when the individual has no surviving children who meet the Social Security Act's definition of blindness or permanent and total disability.
(c) The state shall have the right to place a lien upon the property of individuals who are inpatients in a nursing facility, intermediate care facility for the mentally retarded individuals with an intellectual disability, or other medical institution who, after notice and an opportunity for a hearing, the state has deemed to be permanently institutionalized. This lien shall be in an amount equal to Medicaid expenditures for services provided by a nursing facility, intermediate care facility for the mentally retarded individuals with an intellectual disability or other medical institution, and shall be rendered against the proceeds of the sale of property except for a minimal amount reserved for the individual's personal needs. Any such lien shall dissolve dissolves upon that individual's discharge from the medical institution. The secretary has authority to compromise or otherwise reduce the amount of this lien in cases where enforcement would create a hardship.
(d) No lien may be imposed on such individual's home when the home is the lawful residence of: (1) The spouse of the individual; (2) The individual's child who is under the age of twenty-one; (3) The individual's child meets the Social Security Act's definition of blindness or permanent and total disability; or (4) The individual's sibling has an equity interest in the home and was residing in the home for a period of at least one year immediately before the date of the individual's admission to a medical institution.
(e) The filing of a claim, pursuant to this section, shall neither reduce nor diminish reduces or diminishes the general claims of the Department of Health and Human Resources, except that such the department shall may not receive double recovery for the same expenditure. The death of the recipient shall neither extinguish nor diminish extinguishes or diminishes any right of such the department to recover. Nothing in this section affects or prevents a proceeding to enforce a lien pursuant to this section or a proceeding to set aside a fraudulent conveyance.
(f) Any claim or lien imposed pursuant to this section is effective for the full amount of medical assistance provided by Medicaid for nursing facility services, home and community-based services, and related hospital and prescription drug services. Said The lien attaches and is perfected automatically as of the beginning date of medical assistance, the date when a recipient first receives treatment for which the Department of Health and Human Resources may be obligated to provide medical assistance. A claim may be waived by such the department, if such the department determines, pursuant to applicable federal law and rules and regulations, that the claim will cause substantial hardship to the surviving dependents of the deceased.
(g) Upon the effective date of this section, the Attorney General, on behalf of the State of West Virginia, shall commence an action in a court of competent jurisdiction to test the validity, constitutionality, and the ability of the Congress of the United States to mandate the implementation of this section. This subsection does not limit the right of others, including recipients, to intervene in any litigation, nor does it limit the discretion of the Attorney General or appropriate counsel to seek affected persons to act as parties to the litigation, either individually or as a class.
ARTICLE 6. SOCIAL SERVICES FOR ADULTS.
§9-6-1. Definitions.
The following words and terms, when used in this article, shall have the same meaning hereinafter ascribed to them unless the context clearly indicates a different meaning:
(1) 'Adult protective services agency' means any public or nonprofit private agency, corporation, board or organization furnishing protective services to adults;
(2) 'Abuse' means the infliction or threat to inflict physical pain or injury on or the imprisonment of any incapacitated adult or facility resident;
(3) 'Neglect' means: (A) The failure to provide the necessities of life to an incapacitated adult or facility resident with intent to coerce or physically harm the incapacitated adult or resident; and (B) the unlawful expenditure or willful dissipation of the funds or other assets owned or paid to or for the benefit of an incapacitated adult or resident;
(4) 'Incapacitated adult' means any person who by reason of physical, mental or other infirmity is unable to independently carry on the daily activities of life necessary to sustaining life and reasonable health;
(5) 'Emergency' or 'emergency situation' means a situation or set of circumstances which presents a substantial and immediate risk of death or serious injury to an incapacitated adult;
(6) 'Legal representative' means a person lawfully invested with the power and charged with the duty of taking care of another person or with managing the property and rights of another person, including, but not limited to, a guardian, conservator, medical power of attorney representative, trustee or other duly appointed person;
(7) 'Nursing home' or 'facility' means any institution, residence, intermediate care facility for the mentally retarded individuals with an intellectual disability, care home or any other adult residential facility, or any part or unit thereof, that is subject to the provisions of articles five-c, five-d, five-e or five-h, chapter sixteen of this code;
(8) 'Regional long-term care ombudsman' means any paid staff of a designated regional long-term care ombudsman program who has obtained appropriate certification from the Bureau for Senior Services and meets the qualifications set forth in section seven, article five-l, chapter sixteen of this code;
(9) 'Facility resident' means an individual living in a nursing home or other facility, as that term is defined in subdivision (7) of this section;
(10) 'Responsible family member' means a member of a resident's family who has undertaken primary responsibility for the care of the resident and who has established a working relationship with the nursing home or other facility in which the resident resides. For purposes of this article, a responsible family member may include someone other than the resident's legal representative;
(11) 'State long-term care ombudsman' means an individual who meets the qualifications of section five, article five-l, chapter sixteen of this code and who is employed by the State Bureau for Senior Services to implement the state long-term care ombudsman program;
(12) 'Secretary' means the Secretary of the Department of Health and Human Resources.
CHAPTER 11. TAXATION.

ARTICLE 27. HEALTH CARE PROVIDER TAXES.
§11-27-10. Imposition of tax on providers of intermediate care facility services for individuals with an intellectual disability.

(a) Imposition of tax. -- For the privilege of engaging or continuing within this state in the business of providing intermediate care facility services for the mentally retarded individuals with an intellectual disability, there is hereby levied and shall be collected from every person rendering such service an annual broad-based health care related tax.
(b) Rate and measure of tax. -- The tax imposed in subsection (a) of this section shall be is five and one-half percent of the gross receipts derived by the taxpayer from furnishing intermediate care facility services in this state to the mentally retarded individuals with an intellectual disability.
(c) Definitions. --
(1) 'Gross receipts' means the amount received or receivable, whether in cash or in kind, from patients, third-party payors and others for intermediate care facility services furnished by the provider, including retroactive adjustments under reimbursement agreements with third-party payors, without any deduction for any expenses of any kind: Provided, That accrual basis providers shall be are allowed to reduce gross receipts by their contractual allowances, to the extent such those allowances are included therein, and by bad debts, to the extent the amount of such those bad debts was previously included in gross receipts upon which the tax imposed by this section was paid.
(2) 'Contractual allowances' means the difference between revenue (gross receipts) at established rates and amounts realizable from third-party payors under contractual agreements.
(3) 'Intermediate care facility services for the mentally retarded individuals with an intellectual disability' means those services that are intermediate care facility services for the mentally retarded individuals with an intellectual disability for purposes of Section 1903(w) of the Social Security Act.
(d) Effective date. -- The tax imposed by this section shall apply applies to gross receipts received or receivable by providers after May 31, 1993.
§11-27-11. Imposition of tax on providers of nursing facility services, other than services of intermediate care facilities for individuals with an intellectual disability.

(a) Imposition of tax. -- For the privilege of engaging or continuing within this state in the business of providing nursing facility services, other than those services of intermediate care facilities for the mentally retarded individuals with an intellectual disability, there is hereby levied and shall be collected from every person rendering such service an annual broad-based health care related tax: Provided, That hospitals which provide nursing facility services may adjust nursing facility rates to the extent necessary to compensate for the tax without first obtaining approval from the health care authority: Provided, however, That the rate adjustment is limited to a single adjustment during the initial year of the imposition of the tax which adjustment shall be is exempt from prospective review by the health care authority and further which is limited to an amount not to exceed the amount of the tax which is levied against the hospital for the provision of nursing facility services pursuant to this section. The health care authority shall retroactively review the rate increases implemented by the hospitals under this section during the regular rate review process. A hospital which fails to meet the criteria established by this section for a rate increase exempt from prospective review shall be is subject to the penalties imposed under article twenty-nine-b, chapter sixteen of the code.
(b) Rate and measure of tax. -- The tax imposed in subsection (a) of this section shall be is five and one-half percent of the gross receipts derived by the taxpayer from furnishing nursing facility services in this state, other than services of intermediate care facilities for the mentally retarded individuals with an intellectual disability. This rate shall be increased to five and ninety-five one hundredths percent of the gross receipts received or receivable by providers of nursing facility services after June 30, 2004 and shall again be decreased to five and one-half percent of the gross receipts received or receivable by providers of nursing services after October 31, 2007.
(c) Definitions. --
(1) 'Gross receipts' means the amount received or receivable, whether in cash or in kind, from patients, third-party payors and others for nursing facility services furnished by the provider, including retroactive adjustments under reimbursement agreements with third-party payors, without any deduction for any expenses of any kind: Provided, That accrual basis providers shall be are allowed to reduce gross receipts by their bad debts, to the extent the amount of such those bad debts was previously included in gross receipts upon which the tax imposed by this section was paid.
(2) 'Nursing facility services' means those services that are nursing facility services for purposes of Section 1903(w) of the Social Security Act.
(d) Effective date. -- The tax imposed by this section shall apply applies to gross receipts received or receivable by providers after May 31, 1993.
CHAPTER 16. PUBLIC HEALTH.

ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.
§16-1-4. Proposal of rules by the secretary.
The secretary may propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code that are necessary and proper to effectuate the purposes of this chapter. The secretary may appoint or designate advisory councils of professionals in the areas of hospitals, nursing homes, barbers and beauticians, postmortem examinations, mental health and mental retardation intellectual disability centers and any other areas necessary to advise the secretary on rules.
The rules may include, but are not limited to, the regulation of:
(a) Land usage endangering the public health: Provided, That no rules may be promulgated or enforced restricting the subdivision or development of any parcel of land within which the individual tracts, lots or parcels exceed two acres each in total surface area and which individual tracts, lots or parcels have an average frontage of not less than one hundred fifty feet even though the total surface area of the tract, lot or parcel equals or exceeds two acres in total surface area, and which tracts are sold, leased or utilized only as single-family dwelling units. Notwithstanding the provisions of this subsection, nothing in this section may be construed to abate the authority of the department to: (1) Restrict the subdivision or development of a tract for any more intense or higher density occupancy than a single-family dwelling unit; (2) propose or enforce rules applicable to single-family dwelling units for single-family dwelling unit sanitary sewerage disposal systems; or (3) restrict any subdivision or development which might endanger the public health, the sanitary condition of streams or sources of water supply;
(b) The sanitary condition of all institutions and schools, whether public or private, public conveyances, dairies, slaughterhouses, workshops, factories, labor camps, all other places open to the general public and inviting public patronage or public assembly, or tendering to the public any item for human consumption and places where trades or industries are conducted;
(c) Occupational and industrial health hazards, the sanitary conditions of streams, sources of water supply, sewerage facilities and plumbing systems and the qualifications of personnel connected with any of those facilities, without regard to whether the supplies or systems are publicly or privately owned; and the design of all water systems, plumbing systems, sewerage systems, sewage treatment plants, excreta disposal methods and swimming pools in this state, whether publicly or privately owned;
(d) Safe drinking water, including:
(1) The maximum contaminant levels to which all public water systems must conform in order to prevent adverse effects on the health of individuals and, if appropriate, treatment techniques that reduce the contaminant or contaminants to a level which will not adversely affect the health of the consumer. The rule shall contain provisions to protect and prevent contamination of wellheads and well fields used by public water supplies so that contaminants do not reach a level that would adversely affect the health of the consumer;
(2) The minimum requirements for: Sampling and testing; system operation; public notification by a public water system on being granted a variance or exemption or upon failure to comply with specific requirements of this section and rules promulgated under this section; record keeping; laboratory certification; as well as procedures and conditions for granting variances and exemptions to public water systems from state public water systems rules; and
(3) The requirements covering the production and distribution of bottled drinking water and may establish requirements governing the taste, odor, appearance and other consumer acceptability parameters of drinking water;
(e) Food and drug standards, including cleanliness, proscription of additives, proscription of sale and other requirements in accordance with article seven of this chapter as are necessary to protect the health of the citizens of this state;
(f) The training and examination requirements for emergency medical service attendants and emergency medical care technician-paramedics; the designation of the health care facilities, health care services and the industries and occupations in the state that must have emergency medical service attendants and emergency medical care technician-paramedics employed and the availability, communications and equipment requirements with respect to emergency medical service attendants and to emergency medical care technician-paramedics: Provided, That any regulation of emergency medical service attendants and emergency medical care technician-paramedics may not exceed the provisions of article four-c of this chapter;
(g) The health and sanitary conditions of establishments commonly referred to as bed and breakfast inns. For purposes of this article, 'bed and breakfast inn' means an establishment providing sleeping accommodations and, at a minimum, a breakfast for a fee: Provided, That the secretary may not require an owner of a bed and breakfast providing sleeping accommodations of six or fewer rooms to install a restaurant-style or commercial food service facility: Provided, however, That the secretary may not require an owner of a bed and breakfast providing sleeping accommodations of more than six rooms to install a restaurant-type or commercial food service facility if the entire bed and breakfast inn or those rooms numbering above six are used on an aggregate of two weeks or less per year;
(h) Fees for services provided by the Bureau for Public Health including, but not limited to, laboratory service fees, environmental health service fees, health facility fees and permit fees;
(i) The collection of data on health status, the health system and the costs of health care;
(j) Opioid treatment programs duly licensed and operating under the requirements of chapter twenty-seven of this code. The health care authority shall develop new certificate of need standards, pursuant to the provisions of article two-d of this chapter, that are specific for opioid treatment program facilities. No applications for a certificate of need for opioid treatment programs shall be approved by the health care authority as of the effective date of the 2007 amendments to this subsection. The secretary shall promulgate revised emergency rules to govern licensed programs: Provided, That there is a moratorium on the licensure of new opioid treatment programs that do not have a certificate of need as of the effective date of the 2007 amendments to this subsection, which shall continue until the Legislature determines that there is a necessity for additional opioid treatment facilities in West Virginia. The secretary shall file revised emergency rules with the Secretary of State to regulate opioid programs in compliance with subsections (1) through (9), inclusive, of this section: Provided, however, That any opioid treatment program facility that has received a certificate of need pursuant to article two-d, of this chapter by the health care authority shall be permitted to proceed to license and operate the facility. All existing opioid treatment programs shall be in compliance within one hundred eighty days of the effective date of the revised emergency rules as required herein. The revised emergency rules shall provide at a minimum:
(1) That the initial assessment prior to admission for entry into the opioid treatment program shall include an initial drug test to determine whether an individual is either opioid addicted or presently receiving methadone for an opioid addiction from another opioid treatment program. The patient may be admitted to the program if there is a positive test for either opioids or methadone or there are objective symptoms of withdrawal, or both, and all other criteria set forth in the rule for admission into an opioid treatment program are met: Provided, That admission to the program may be allowed to the following groups with a high risk of relapse without the necessity of a positive test or the presence of objective symptoms: Pregnant women with a history of opioid abuse, prisoners or parolees recently released from correctional facilities, former clinic patients who have successfully completed treatment but who believe themselves to be at risk of imminent relapse and HIV patients with a history of intravenous drug use.
(2) That within seven days of the admission of a patient, the opioid treatment program shall complete an initial assessment and an initial plan of care. Subsequently, the opioid treatment program shall develop a treatment plan of care by the thirtieth day after admission and attach to the patient's chart no later than five days after such plan is developed. The treatment plan is to reflect that detoxification is an option for treatment and supported by the program.
(3) That each opioid treatment program shall report and provide statistics to the Department of Health and Human Resources at least semiannually which includes the total number of patients; the number of patients who have been continually receiving methadone treatment in excess of two years, including the total number of months of treatment for each such patient; the state residency of each patient; the number of patients discharged from the program, including the total months in the treatment program prior to discharge and whether the discharge was for:
(A) Termination or disqualification;
(B) Completion of a program of detoxification;
(C) Voluntary withdrawal prior to completion of all requirements of detoxification as determined by the opioid treatment program; or
(D) An unexplained reason.
(4) That random drug testing of patients be conducted during the course of treatment. For purposes of these rules, random drug testing shall mean that each patient of an opioid treatment program facility has a statistically equal chance of being selected for testing at random and at unscheduled times. Any refusal to participate in a random drug test shall be considered a positive test: Provided, That nothing contained in this section or the legislative rules promulgated in conformity herewith will preclude any opioid treatment program from administering such additional drug tests as determined necessary by the opioid treatment program.
(5) That all random drug tests conducted by an opioid treatment program shall, at a minimum, test for the following:
(A) Opiates, including oxycodone at common levels of dosing;
(B) Methadone and any other medication used by the program as an intervention;
(C) Benzodiazepine including diazepam, lorazepan, clonazepam and alprazolam;
(D) Cocaine;
(E) Methamphetamine or amphetamine; and
(F) Other drugs determined by community standards, regional variation or clinical indication.
A positive test is a test that results in the presence of any drug or substance listed in this schedule and any other drug or substance prohibited by the opioid treatment program;
(6) That a positive drug test result after the first six months in an opioid treatment program shall result in the following:
(A) Upon the first positive drug test result, the opioid treatment program shall:
(1) Provide mandatory and documented weekly counseling to the patient, which shall include weekly meetings with a counselor who is licensed, certified or enrolled in the process of obtaining licensure or certification in compliance with the rules and on staff at the opioid treatment program;
(2) Immediately revoke the take home methadone privilege for a minimum of thirty days; and
(B) Upon a second positive drug test result within six months of a previous positive drug test result, the opioid treatment program shall:
(1) Provide mandatory and documented weekly counseling, which shall include weekly meetings with a counselor who is licensed, certified or enrolled in the process of obtaining licensure or certification in compliance with the rules and on staff at the opioid treatment program;
(2) Immediately revoke the take-home methadone privilege for a minimum of sixty days; and
(3) Provide mandatory documented treatment team meetings with the patient.
(C) Upon a third positive drug test result within a period of six months the opioid treatment program shall:
(1) Provide mandatory and documented weekly counseling, which shall include weekly meetings with a counselor who is licensed, certified or enrolled in the process of obtaining licensure or certification in compliance with the rules and on staff at the opioid treatment program;
(2) Immediately revoke the take-home methadone privilege for a minimum of one hundred twenty days; and
(3) Provide mandatory and documented treatment team meetings with the patient which will include, at a minimum: The need for continuing treatment; a discussion of other treatment alternatives; and the execution of a contract with the patient advising the patient of discharge for continued positive drug tests.
(D) Upon a fourth positive drug test within a six-month period, the patient shall be immediately discharged from the opioid treatment program or, at the option of the patient, shall immediately be provided the opportunity to participate in a twenty-one day detoxification plan, followed by immediate discharge from the opioid treatment program.
(7) That the opioid treatment program must report and provide statistics to the Department of Health and Human Resources demonstrating compliance with the random drug test rules including confirmation that:
(A) The random drug tests were truly random in regard to both the patients tested and to the times random drug tests were administered by lottery or some other objective standard so as not to prejudice or protect any particular patient.
(B) The total number and the number of positive results; and
(C) The number of expulsions from the program.
(8) That all opioid treatment facilities be open for business seven days per week: Provided, That the opioid treatment center may be closed for eight holidays and two training days per year.
(9) That the Office of Health Facility Licensure and Certification develop policies and procedures in conjunction with the Board of Pharmacy that will allow access to the Prescription Drug Registry maintained by the Board of Pharmacy before administration of methadone or other treatment in an opioid treatment program, after any positive drug test, and at each ninety-day treatment review to ensure the patient is not seeking prescription medication from multiple sources.
(k) The secretary shall propose a rule for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a or of this code for the distribution of state aid to local health departments and basic public health services funds.
(1) The rule shall include the following provisions:
(A) Base allocation amount for each county;
(B) Establishment and administration of an emergency fund of no more than two percent of the total annual funds of which unused amounts are to be distributed back to local boards of health at the end of each fiscal year;
(C) A calculation of funds utilized for state support of local health departments;
(D) Distribution of remaining funds on a per capita weighted population approach which factors coefficients for poverty, health status, population density and health department interventions for each county and a coefficient which encourages counties to merge in the provision of public health services;
(E) A hold-harmless provision to provide that each local health department receives no less in state support for a period of three years beginning in the 2009 budget year.
(2) The Legislature finds that an emergency exists and, therefore, the secretary shall file an emergency rule to implement the provisions of this section pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code. The emergency rule is subject to the prior approval of the Legislative Oversight Commission on Health and Human Resources Accountability prior to filing with the Secretary of State.
(l) Other health-related matters which the department is authorized to supervise and for which the rule-making authority has not been otherwise assigned.
ARTICLE 2D. CERTIFICATE OF NEED.
§16-2D-2. Definitions.

Definitions of words and terms defined in articles five-f and twenty-nine-b of this chapter are incorporated in this section unless this section has different definitions.
As used in this article, unless otherwise indicated by the context:
(a) 'Affected person' means:
(1) The applicant;
(2) An agency or organization representing consumers;
(3) Any individual residing within the geographic area served or to be served by the applicant;
(4) Any individual who regularly uses the health care facilities within that geographic area;
(5) The health care facilities which provide services similar to the services of the facility under review and which will be significantly affected by the proposed project;
(6) The health care facilities which, prior to before receipt by the state agency of the proposal being reviewed, have formally indicated an intention to provide similar services in the future;
(7) Third-party payors who reimburse health care facilities similar to those proposed for services;
(8) Any agency that establishes rates for health care facilities similar to those proposed; or
(9) Organizations representing health care providers.
(b) 'Ambulatory health care facility' means a free-standing facility that provides health care to noninstitutionalized and nonhomebound persons on an outpatient basis. For purposes of this definition, a free-standing facility is not located on the campus of an existing health care facility. This definition does not include any facility engaged solely in the provision of lithotripsy services or the private office practice of any one or more health professionals licensed to practice in this state pursuant to the provisions of chapter thirty of this code: Provided, That this exemption from review shall may not be construed to include practices where major medical equipment otherwise subject to review under the provisions of this article is acquired, offered or developed: Provided, however, That this exemption from review shall may not be construed to include certain health services otherwise subject to review under the provisions of subdivision (1), subsection (a), section four of this article.
(c) 'Ambulatory surgical facility' means a free-standing facility that provides surgical treatment to patients not requiring hospitalization. For purposes of this definition, a free-standing facility is not physically attached to a health care facility. This definition does not include the private office practice of any one or more health professionals licensed to practice surgery in this state pursuant to the provisions of chapter thirty of this code: Provided, That this exemption from review shall may not be construed to include practices where major medical equipment otherwise subject to review under the provisions of this article is acquired, offered or developed: Provided, however, That this exemption from review shall may not be construed to include health services otherwise subject to review under the provisions of subdivision (1), subsection (a), section four of this article.
(d) 'Applicant' means: (1) The governing body or the person proposing a new institutional health service who is, or will be, the health care facility licensee wherein the new institutional health service is proposed to be located; and (2) in the case of a proposed new institutional health service not to be located in a licensed health care facility, the governing body or the person proposing to provide the new institutional health service. Incorporators or promoters who will not constitute the governing body or persons responsible for the new institutional health service may not be an applicant.
(e) 'Bed capacity' means the number of beds licensed to a health care facility or the number of adult and pediatric beds permanently staffed and maintained for immediate use by inpatients in patient rooms or wards in an unlicensed facility.
(f) 'Campus' means the adjacent grounds and buildings, or grounds and buildings not separated by more than a public right-of-way, of a health care facility.
(g) 'Capital expenditure' means:
(1) An expenditure made by or on behalf of a health care facility, which:
(A) (I) Under generally accepted accounting principles is not properly chargeable as an expense of operation and maintenance; or (ii) is made to obtain either by lease or comparable arrangement any facility or part thereof or any equipment for a facility or part; and
(B) (I) Exceeds the expenditure minimum; or (ii) is a substantial change to the bed capacity of the facility with respect to which the expenditure is made; or (iii) is a substantial change to the services of such facility;
(2) The donation of equipment or facilities to a health care facility, which if acquired directly by that facility would be subject to review;
(3) The transfer of equipment or facilities for less than fair market value if the transfer of the equipment or facilities at fair market value would be subject to review; or
(4) A series of expenditures, if the sum total exceeds the expenditure minimum and if determined by the state agency to be a single capital expenditure subject to review. In making this determination, the state agency shall consider: Whether the expenditures are for components of a system which is required to accomplish a single purpose; whether the expenditures are to be made over a two-year period and are directed towards the accomplishment of a single goal within the health care facility's long-range plan; or whether the expenditures are to be made within a two-year period within a single department such that they will constitute a significant modernization of the department.
(h) 'Expenditure minimum' means $2,700,000 for the calendar year 2009. The state agency shall adjust the expenditure minimum annually and publish an update of the amount on or before December 31 of each year. The expenditure minimum adjustment shall be based on the DRI inflation index published in the Global Insight DRI/WEFA Health Care Cost Review, or its successor or appropriate replacement index. This amount shall include the cost of any studies, surveys, designs, plans, working drawings, specifications and other activities, including staff effort and consulting and other services essential to the acquisition, improvement, expansion or replacement of any plant or equipment.
(I) 'Health', used as a term, includes physical and mental health.
(j) 'Health care facility' means a publicly or privately owned facility, agency or entity that offers or provides health care services, whether a for-profit or nonprofit entity and whether or not licensed, or required to be licensed, in whole or in part, and includes, but is not limited to, hospitals; skilled nursing facilities; kidney disease treatment centers, including free-standing hemodialysis units; intermediate care facilities; ambulatory health care facilities; ambulatory surgical facilities; home health agencies; hospice agencies; rehabilitation facilities; health maintenance organizations; and community mental health and mental retardation intellectual disability facilities. For purposes of this definition, 'community mental health and mental retardation intellectual disability facility' means a private facility which provides such comprehensive services and continuity of care as emergency, outpatient, partial hospitalization, inpatient or consultation and education for individuals with mental illness, mental retardation intellectual disability or drug or alcohol addiction.
(k) 'Health care provider' means a person, partnership, corporation, facility, hospital or institution licensed or certified or authorized by law to provide professional health care service in this state to an individual during that individual's medical, remedial or behavioral health care, treatment or confinement.
(l) 'Health maintenance organization' means a public or private organization which:
(1) Is required to have a certificate of authority to operate in this state pursuant to section three, article twenty-five-a, chapter thirty-three of this code; or
(2) (A) Provides or otherwise makes available to enrolled participants health care services, including substantially the following basic health care services: Usual physician services, hospitalization, laboratory, X ray, emergency and preventive services and out-of-area coverage;
(B) Is compensated except for copayments for the provision of the basic health care services listed in paragraph (A) of this subdivision to enrolled participants on a predetermined periodic rate basis without regard to the date the health care services are provided and which is fixed without regard to the frequency, extent or kind of health service actually provided; and
(C) Provides physicians' services: (i) Directly through physicians who are either employees or partners of the organization; or (ii) through arrangements with individual physicians or one or more groups of physicians organized on a group practice or individual practice basis.
(m) 'Health services' means clinically related preventive, diagnostic, treatment or rehabilitative services, including alcohol, drug abuse and mental health services.
(n) 'Home health agency' means an organization primarily engaged in providing professional nursing services either directly or through contract arrangements and at least one of the following services: Home health aide services, other therapeutic services, physical therapy, speech therapy, occupational therapy, nutritional services or medical social services to persons in their place of residence on a part-time or intermittent basis.
(o) 'Hospice agency' means a private or public agency or organization licensed in West Virginia for the administration or provision of hospice care services to terminally ill persons in the persons' temporary or permanent residences by using an interdisciplinary team, including, at a minimum, persons qualified to perform nursing services; social work services; the general practice of medicine or osteopathy; and pastoral or spiritual counseling.
(p) 'Hospital' means a facility licensed as such pursuant to the provisions of article five-b of this chapter, and any acute care facility operated by the state government, that primarily provides inpatient diagnostic, treatment or rehabilitative services to injured, disabled or sick persons under the supervision of physicians and includes psychiatric and tuberculosis hospitals.
(q) 'Intermediate care facility' means an institution that provides health-related services to individuals with mental or physical conditions that require services above the level of room and board, but do not require the degree of services provided in a hospital or skilled-nursing facility.
(r) 'Long-range plan' means a document formally adopted by the legally constituted governing body of an existing health care facility or by a person proposing a new institutional health service which contains the information required by the state agency in rules adopted pursuant to section eight of this article.
(s) 'Major medical equipment' means a single unit of medical equipment or a single system of components with related functions which is used for the provision of medical and other health services and costs in excess of $2,700,000 in the calendar year 2009. The state agency shall adjust the dollar amount specified in this subsection annually and publish an update of the amount on or before December 31 of each year. The adjustment of the dollar amount shall be based on the DRI inflation index published in the Global Insight DRI/WEFA Health Care Cost Review or its successor or appropriate replacement index. This term does not include medical equipment acquired by or on behalf of a clinical laboratory to provide clinical laboratory services if the clinical laboratory is independent of a physician's office and a hospital and it has been determined under Title XVIII of the Social Security Act to meet the requirements of paragraphs ten and eleven, Section 1861(s) of such act, Title 42 U.S.C. §1395x. In determining whether medical equipment is major medical equipment, the cost of studies, surveys, designs, plans, working drawings, specifications and other activities essential to the acquisition of such equipment shall be included. If the equipment is acquired for less than fair market value, the term 'cost' includes the fair market value.
(t) 'Medically underserved population' means the population of an area designated by the state agency as having a shortage of personal health services. The state agency may consider unusual local conditions that are a barrier to accessibility or availability of health services. The designation shall be in rules adopted by the state agency pursuant to section eight of this article, and the population so designated may include the state's medically underserved population designated by the federal Secretary of Health and Human Services under Section 330(b)(3) of the Public Health Service Act, as amended, Title 42 U.S.C. §254.
(u) 'New institutional health service' means any service as described in section three of this article.
(v) 'Nonhealth-related project' means a capital expenditure for the benefit of patients, visitors, staff or employees of a health care facility and not directly related to preventive, diagnostic, treatment or rehabilitative services offered by the health care facility. This includes, but is not limited to, chapels, gift shops, news stands, computer and information technology systems, educational, conference and meeting facilities, but excluding medical school facilities, student housing, dining areas, administration and volunteer offices, modernization of structural components, boiler repair or replacement, vehicle maintenance and storage facilities, parking facilities, mechanical systems for heating, ventilation systems, air conditioning systems and loading docks.
(w) 'Offer', when used in connection with health services, means that the health care facility or health maintenance organization holds itself out as capable of providing, or as having the means to provide, specified health services.
(x) 'Person' means an individual, trust, estate, partnership, committee, corporation, association and other organizations such as joint-stock companies and insurance companies, a state or a political subdivision or instrumentality thereof or any legal entity recognized by the state.
(y) 'Physician' means a doctor of medicine or osteopathy legally authorized to practice by the state.
(z) 'Proposed new institutional health service' means any service as described in section three of this article.
(aa) 'Psychiatric hospital' means an institution that primarily provides to inpatients, by or under the supervision of a physician, specialized services for the diagnosis, treatment and rehabilitation of mentally ill and emotionally disturbed persons.
(bb) 'Rehabilitation facility' means an inpatient facility operated for the primary purpose of assisting in the rehabilitation of disabled persons through an integrated program of medical and other services which are provided under competent professional supervision.
(cc) 'Review agency' means an agency of the state, designated by the Governor as the agency for the review of state agency decisions.
(dd) 'Skilled nursing facility' means an institution, or a distinct part of an institution, that primarily provides inpatient skilled nursing care and related services, or rehabilitation services, to injured, disabled or sick persons.
(ee) 'State agency' means the Health Care Authority created, established and continued pursuant to article twenty-nine-b of this chapter.
(ff) 'State health plan' means the document approved by the Governor after preparation by the former statewide health coordinating council or that document as approved by the Governor after amendment by the former health care planning council or the state agency.
(gg) 'Substantial change to the bed capacity' of a health care facility means any change, associated with a capital expenditure, that increases or decreases the bed capacity or relocates beds from one physical facility or site to another, but does not include a change by which a health care facility reassigns existing beds as swing beds between acute care and long-term care categories: Provided, That a decrease in bed capacity in response to federal rural health initiatives is excluded from this definition.
(hh) 'Substantial change to the health services' of a health care facility means: (1) The addition of a health service offered by or on behalf of the health care facility which was not offered by or on behalf of the facility within the twelve-month period before the month in which the service is first offered; or (2) the termination of a health service offered by or on behalf of the facility: Provided, That 'substantial change to the health services' does not include the providing of ambulance service, wellness centers or programs, adult day care or respite care by acute care facilities.
(ii) 'To develop', when used in connection with health services, means to undertake those activities which upon their completion will result in the offer of a new institutional health service or the incurring of a financial obligation in relation to the offering of such a service.
§16-2D-5. Powers and duties of state agency.
(a) The state agency shall administer the certificate of need program as provided by this article.
(b) The state agency is responsible for coordinating and developing the health planning research efforts of the state and for amending and modifying the state health plan which includes the certificate of need standards. The state agency shall review the state health plan, including the certificate of need standards and make any necessary amendments and modifications. The state agency shall also review the cost effectiveness of the certificate of need program. The state agency may form task forces to assist it in addressing these issues. The task forces shall be composed of representatives of consumers, business, providers, payers and state agencies.
(c) The state agency may seek advice and assistance of other persons, organizations and other state agencies in the performance of the state agency's responsibilities under this article.
(d) For health services for which competition appropriately allocates supply consistent with the state health plan, the state agency shall, in the performance of its functions under this article, give priority, where appropriate to advance the purposes of quality assurance, cost effectiveness and access, to actions which would strengthen the effect of competition on the supply of the services.
(e) For health services for which competition does not or will not appropriately allocate supply consistent with the state health plan, the state agency shall, in the exercise of its functions under this article, take actions, where appropriate to advance the purposes of quality assurance, cost effectiveness and access and the other purposes of this article, to allocate the supply of the services.
(f) Notwithstanding the provisions of section seven of this article, the state agency may charge a fee for the filing of any application, the filing of any notice in lieu of an application, the filing of any exemption determination request or the filing of any request for a declaratory ruling. The fees charged may vary according to the type of matter involved, the type of health service or facility involved or the amount of capital expenditure involved: Provided, That any fee charged pursuant to this subsection may not exceed a dollar amount to be established by procedural rule. The state agency shall evaluate and amend any procedural rule promulgated prior to the amendments to this subsection made during the 2009 regular session of the Legislature. The fees charged shall be deposited into a special fund known as the Certificate of Need Program Fund to be expended for the purposes of this article.
(g) A hospital, nursing home or other health care facility may not add any intermediate care or skilled nursing beds to its current licensed bed complement. This prohibition also applies to the conversion of acute care or other types of beds to intermediate care or skilled nursing beds: Provided, That hospitals eligible under the provisions of section four-a of this article and subsection (I) of this section may convert acute care beds to skilled nursing beds in accordance with the provisions of these sections, upon approval by the state agency. Furthermore, a certificate of need may not be granted for the construction or addition of any intermediate care or skilled nursing beds except in the case of facilities designed to replace existing beds in unsafe existing facilities. A health care facility in receipt of a certificate of need for the construction or addition of intermediate care or skilled nursing beds which was approved prior to the effective date of this section shall incur an obligation for a capital expenditure within twelve months of the date of issuance of the certificate of need. Extensions may not be granted beyond the twelve-month period. The state agency shall establish a task force or utilize an existing task force to study the need for additional nursing facility beds in this state. The study shall include a review of the current moratorium on the development of nursing facility beds; the exemption for the conversion of acute care beds to skilled nursing facility beds; the development of a methodology to assess the need for additional nursing facility beds; and certification of new beds both by Medicare and Medicaid. The task force shall be composed of representatives of consumers, business, providers, payers and government agencies.
(h) No additional intermediate care facility for the mentally retarded individuals with an intellectual disability(ICF/MR ID) beds shall may be granted a certificate of need, except that prohibition does not apply to ICF/MR beds approved under the Kanawha County Circuit Court order of August 3, 1989, civil action number MISC-81-585 issued in the case of E. H. v. Matin, 168 W. Va. 248, 284 S.E. 2d 232 (1981).
(I) Notwithstanding the provisions of subsection (g) of this section and further notwithstanding the provisions of subsection (b), section three of this article, an existing acute care hospital may apply to the Health Care Authority for a certificate of need to convert acute care beds to skilled nursing beds: Provided, That the proposed skilled nursing beds are Medicare-certified only: Provided, however, That any hospital which converts acute care beds to Medicare-certified only skilled nursing beds shall not bill for any Medicaid reimbursement for any converted beds. In converting beds, the hospital shall convert a minimum of one acute care bed into one Medicare- certified only skilled nursing bed. The Health Care Authority may require a hospital to convert up to and including three acute care beds for each Medicare-certified only skilled nursing bed: Provided further, That a hospital designated or provisionally designated by the state agency as a rural primary care hospital may convert up to thirty beds to a distinct-part nursing facility, including skilled nursing beds and intermediate care beds, on a one-for-one basis if the rural primary care hospital is located in a county without a certified freestanding nursing facility and the hospital may bill for Medicaid reimbursement for the converted beds: And provided further, That if the hospital rejects the designation as a rural primary care hospital, then the hospital may not bill for Medicaid reimbursement. The Health Care Authority shall adopt rules to implement this subsection which require that:
(1) All acute care beds converted shall be permanently deleted from the hospital's acute care bed complement and the hospital may not thereafter add, by conversion or otherwise, acute care beds to its bed complement without satisfying the requirements of subsection (b), section three of this article for which purposes an addition, whether by conversion or otherwise, shall be considered a substantial change to the bed capacity of the hospital notwithstanding the definition of that term found in subsection (ff), section two of this article.
(2) The hospital shall meet all federal and state licensing certification and operational requirements applicable to nursing homes including a requirement that all skilled care beds created under this subsection shall be located in distinct-part, long-term care units.
(3) The hospital shall demonstrate a need for the project.
(4) The hospital shall use existing space for the Medicare-certified only skilled nursing beds. Under no circumstances shall the hospital construct, lease or acquire additional space for purposes of this section.
(5) The hospital shall notify the acute care patient, prior to discharge, of facilities with skilled nursing beds which are located in or near the patient's county of residence. Nothing in this subsection negatively affects the rights of inspection and certification which are otherwise required by federal law or regulations or by this code or duly adopted rules of an authorized state entity.
(j) (1) Notwithstanding the provisions of subsection (g) of this section, a retirement life care center with no skilled nursing beds may apply to the Health Care Authority for a certificate of need for up to sixty skilled nursing beds provided the proposed skilled beds are Medicare-certified only. On a statewide basis, a maximum of one hundred eighty skilled beds which are Medicare-certified only may be developed pursuant to this subsection. The state health plan is not applicable to projects submitted under this subsection. The Health Care Authority shall adopt rules to implement this subsection which shall include a requirement that:
(A) The one hundred eighty beds are to be distributed on a statewide basis;
(B) There be a minimum of twenty beds and a maximum of sixty beds in each approved unit;
(C) The unit developed by the retirement life care center meets all federal and state licensing
certification and operational requirements applicable to nursing homes;
(D) The retirement center demonstrates a need for the project;
(E) The retirement center offers personal care, home health services and other lower levels of care to its residents; and
(F) The retirement center demonstrates both short- and long-term financial feasibility.
(2) Nothing in this subsection negatively affects the rights of inspection and certification which are otherwise required by federal law or regulations or by this code or duly adopted rules of an authorized state entity.
(k) The state agency may order a moratorium upon the offering or development of a new institutional health service when criteria and guidelines for evaluating the need for the new institutional health service have not yet been adopted or are obsolete. The state agency may also order a moratorium on the offering or development of a health service, notwithstanding the provisions of subdivision (5), subsection (b), section three of this article, when it determines that the proliferation of the service may cause an adverse impact on the cost of health care or the health status of the public. A moratorium shall be declared by a written order which shall detail the circumstances requiring the moratorium. Upon the adoption of criteria for evaluating the need for the health service affected by the moratorium, or one hundred eighty days from the declaration of a moratorium, whichever is less, the moratorium shall be declared to be over and applications for certificates of need are processed pursuant to section six of this article.
(l) (1) The state agency shall coordinate the collection of information needed to allow the state agency to develop recommended modifications to certificate of need standards as required in this article. When the state agency proposes amendments or modifications to the certificate of need standards, it shall file with the Secretary of State, for publication in the State Register, a notice of proposed action, including the text of all proposed amendments and modifications, and a date, time and place for receipt of general public comment. To comply with the public comment requirement of this section, the state agency may hold a public hearing or schedule a public comment period for the receipt of written statements or documents.
(2) When amending and modifying the certificate of need standards, the state agency shall identify relevant criteria contained in section six of this article or rules adopted pursuant to section eight of this article and apply those relevant criteria to the proposed new institutional health service in a manner that promotes the public policy goals and legislative findings contained in section one of this article. In doing so, the state agency may consult with or rely upon learned treatises in health planning, recommendations and practices of other health planning agencies and organizations, recommendations from consumers, recommendations from health care providers, recommendations from third-party payors, materials reflecting the standard of care, the state agency's own developed expertise in health planning, data accumulated by the state agency or other local, state or federal agency or organization and any other source deemed relevant to the certificate of need standards proposed for amendment or modification.
(3) All proposed amendments and modifications to the certificate of need standards, with a record of the public hearing or written statements and documents received pursuant to a public comment period, shall be presented to the Governor. Within thirty days of receiving the proposed amendments or modifications, the Governor shall either approve or disapprove all or part of the amendments and modifications and, for any portion of amendments or modifications not approved, shall specify the reason or reasons for nonapproval. Any portions of the amendments or modifications not approved by the Governor may be revised and resubmitted.
(4) The certificate of need standards adopted pursuant to this section which are applicable to the provisions of this article are not subject to article three, chapter twenty-nine-a of this code. The state agency shall follow the provisions set forth in this subsection for giving notice to the public of its actions, holding hearings or receiving comments on the certificate of need standards. The certificate of need standards in effect on November 29, 2005, and all prior versions promulgated and adopted in accordance with the provisions of this section are and have been in full force and effect from each of their respective dates of approval by the Governor.
(m) The state agency may exempt from or expedite rate review, certificate of need and annual assessment requirements and issue grants and loans to financially vulnerable health care facilities located in underserved areas that the state agency and the Office of Community and Rural Health Services determine are collaborating with other providers in the service area to provide cost effective health care services.
ARTICLE 5F. HEALTH CARE FINANCIAL DISCLOSURE.
§16-5F-2. Definitions.
As used in this article:

(1) 'Annual report' means an annual financial report for the covered facility's or related organization's fiscal year prepared by an accountant or the covered facility's or related organization's Auditor.
(2) 'Board' means the West Virginia Health Care cost review Authority.
(3) 'Covered facility' means any hospital, skilled nursing facility, kidney disease treatment center, including a free-standing hemodialysis unit; intermediate care facility; ambulatory health care facility; ambulatory surgical facility; home health agency; hospice agency; rehabilitation facility; health maintenance organization; or community mental health or mental retardation intellectual disability facility, whether under public or private ownership or as a profit or nonprofit organization and whether or not licensed or required to be licensed, in whole or in part, by the state: Provided, That nonprofit, community-based primary care centers providing primary care services without regard to ability to pay which provide the board with a year-end audited financial statement prepared in accordance with generally accepted auditing standards and with governmental auditing standards issued by the Comptroller General of the United States shall be deemed to have complied with the disclosure requirements of this section.
(4) 'Related organization' means an organization, whether publicly owned, nonprofit, tax-exempt or for profit, related to a covered facility through common membership, governing bodies, trustees, officers, stock ownership, family members, partners or limited partners, including, but not limited to, subsidiaries, foundations, related corporations and joint ventures. For the purposes of this subdivision 'family members' shall mean brothers and sisters whether by the whole or half blood, spouse, ancestors and lineal descendants.
(5) 'Rates' means all rates, fees or charges imposed by any covered facility for health care services.
(6) 'Records' includes accounts, books, charts, contracts, documents, files, maps, papers, profiles, reports, annual and otherwise, schedules and any other fiscal data, however recorded or stored.
ARTICLE 5O. MEDICATION ADMINISTRATION BY UNLICENSED PERSONNEL.
§16-5O-2. Definitions.

As used in this article, unless a different meaning appears from the context, the following definitions apply:
(a) 'Administration of medication' means:
(1) Assisting a person in the ingestion, application or inhalation of medications, including prescription drugs, or in the use of universal precautions or rectal or vaginal insertion of medication, according to the legibly written or printed directions of the attending physician or authorized practitioner, or as written on the prescription label; and
(2) Making a written record of such assistance with regard to each medication administered, including the time, route and amount taken: Provided, That for purposes of this article, 'administration' does not include judgment, evaluation, assessments, injections of medication, monitoring of medication or self-administration of medications, including prescription drugs and self-injection of medication by the resident.
(b) 'Authorizing agency' means the department's Office of Health Facility Licensure and Certification.
(c) 'Department' means the Department of Health and Human Resources.
(d) 'Facility' means an ICF/MR, ICF/ID a personal care home, residential board and care home, behavioral health group home, private residence in which health care services are provided under the supervision of a registered nurse or an adult family care home that is licensed by or approved by the department.
(e) 'Facility staff member' means an individual employed by a facility but does not include a health care professional acting within the scope of a professional license or certificate.
(f) 'Health care professional' means a medical doctor or doctor of osteopathy, a podiatrist, registered nurse, practical nurse, registered nurse practitioner, physician's assistant, dentist, optometrist or respiratory care professional licensed under chapter thirty of this code.
(g) ICF/MR 'ICF-ID' means an intermediate care facility for the mentally retarded individuals with an intellectual disability which is certified by the department.
(h) 'Medication' means a drug, as defined in section one hundred one, article one, chapter sixty-a of this code, which has been prescribed by a duly authorized health care professional to be ingested through the mouth, applied to the outer skin, eye or ear, or applied through nose drops, vaginal or rectal suppositories.
(i) 'Registered professional nurse' means a person who holds a valid license pursuant to article seven, chapter thirty of this code.
(j) 'Resident' means a resident of a facility.
(k) 'Secretary' means the Secretary of the Department of Health and Human Resources or his or her designee.
(l) 'Self-administration of medication' means the act of a resident, who is independently capable of reading and understanding the labels of drugs ordered by a physician, in opening and accessing prepackaged drug containers, accurately identifying and taking the correct dosage of the drugs as ordered by the physician, at the correct time and under the correct circumstances.
(m) 'Supervision of self-administration of medication' means a personal service which includes reminding residents to take medications, opening medication containers for residents, reading the medication label to residents, observing residents while they take medication, checking the self administered dosage against the label on the container and reassuring residents that they have obtained and are taking the dosage as prescribed.
ARTICLE 22. DETECTION AND CONTROL OF PHENYLKETONURIA, GALACTOSEMIA, HYPOTHYROIDISM, AND CERTAIN OTHER DISEASES IN NEWBORN CHILDREN.

§16-22-1. Findings.

The Legislature finds that phenylketonuria, galactosemia, hypothyroidism, and certain other diseases are usually associated with mental retardation intellectual disability or other severe health hazards. Laboratory tests are readily available to aid in the detection of these diseases and hazards to the health of those suffering thereof from these diseases may be lessened or prevented by early detection and treatment. Damage from these diseases, if untreated in the early months of life, is usually rapid and not appreciably affected by treatment.
§16-22-2. Program to combat intellectual disability or other severe health hazards; rules; facilities for making tests.

The State Bureau of Public Health is hereby authorized to establish and carry out a program designed to combat mental retardation intellectual disability or other severe health hazards in our state's population due to phenylketonuria, galactosemia, hypothyroidism, and certain other diseases specified by the state Public Health Commissioner, and may adopt reasonable rules and regulations necessary to carry out such a program. The Bureau of Public Health shall establish and maintain facilities at its state hygienic laboratory for testing specimens for the detection of phenylketonuria, galactosemia, hypothyroidism, and certain other diseases specified by the state Public Health Commissioner. Tests shall be made by such laboratory of specimens upon request by physicians, hospital medical personnel and other individuals attending newborn infants. The state Bureau of Public Health is authorized to establish additional laboratories throughout the state to perform tests for the detection of phenylketonuria, galactosemia, hypothyroidism, and certain other diseases specified by the state Public Health Commissioner.
ARTICLE 29A. WEST VIRGINIA HOSPITAL FINANCE AUTHORITY ACT.
§16-29A-3. Definitions.

As used in this article, unless the context clearly requires a different meaning:
(1) 'Authority' means the West Virginia Hospital Finance Authority created by section four of this article, the duties, powers, responsibilities and functions of which are specified in this article;
(2) 'Board' means the West Virginia Hospital Finance Board created by section four of this article, which shall manage and control the authority;
(3) 'Bond' means a revenue bond issued by the authority to effect the purposes of this article;
(4) 'Construction' means and includes new construction, reconstruction, enlargement, improvement and providing furnishings or equipment;
(5) 'Direct provider of health care' means a person or organization whose primary current activity is the provision of health care to individuals and includes a licensed or certified physician, osteopath, dentist, nurse, podiatrist or physician's assistant or an organization comprised of these health professionals or employing these health professionals;
(6) 'Hospital' means a corporation, association, institution or establishment for the care of those who require medical treatment, which may be a public or private corporation or association, or state-owned or operated establishment and specifically includes nursing homes which are licensed under chapter sixteen of this code or those facilities certified under the Social Security Act as intermediate care facilities for the mentally retarded individuals with an intellectual disability;
(7) 'Hospital facilities' means any real or personal property suitable and intended for, or incidental or ancillary to, use by a hospital and includes: Outpatient clinics; laboratories; laundries; nurses', doctors' or interns' residences; administration buildings; facilities for research directly involved with hospital care; maintenance, storage or utility facilities; parking lots and garages; and all necessary, useful or related equipment, furnishings and appurtenances and all lands necessary or convenient as a site for the foregoing and specifically includes any capital improvements to any of the foregoing. 'Hospital facilities' specifically includes office facilities not less than eighty percent of which are intended for lease to direct providers of health care and which are geographically or functionally related to one or more other hospital facilities, if the authority determines that the financing of the office facilities is necessary to accomplish the purposes of this article;
(8) 'Hospital loan' means a loan made by the authority to a hospital and specifically includes financings by the authority for hospital facilities pursuant to lease-purchase agreements, installment sale or other similar agreements;
(9) 'Note' means a short-term promise to pay a specified amount of money, payable and secured as provided pursuant to this article and issued by the authority to effect the purposes of this article;
(10) 'Project costs' means the total of the reasonable or necessary costs incurred for carrying out the works and undertakings for the acquisition or construction of hospital facilities under this article. 'Project costs' includes, but is not limited to, all of the following costs: The costs of acquisition or construction of the hospital facilities; studies and surveys; plans, specifications, architectural and engineering services; legal, organization, marketing or other special services; financing, acquisition, demolition, construction, equipping and site development of new and rehabilitated buildings; rehabilitation, reconstruction, repair or remodeling of existing buildings; interest and carrying charges during construction and before full earnings are achieved and operating expenses before full earnings are achieved or a period of one year following the completion of construction, whichever occurs first; and a reasonable reserve for payment of principal of and interest on bonds or notes of the authority. 'Project costs' shall also include reimbursement of a hospital for the foregoing costs expended by a hospital from its own funds or from money borrowed by the hospital for such purposes before issuance and delivery of bonds or notes by the authority for the purpose of providing funds to pay the project costs. 'Project costs' also specifically includes the refinancing of any existing debt of a hospital necessary in order to permit the hospital to borrow from the authority and give adequate security for the hospital loan. The determination of the authority with respect to the necessity of refinancing and adequate security for a hospital loan is conclusive;
(11) 'Revenue' means any money or thing of value collected by, or paid to, the authority as principal of or interest, charges or other fees on hospital loans or any other collections on hospital loans made by the authority to hospitals to finance, in whole or in part, the acquisition or construction of any hospital facilities or other money or property which is received and may be expended for or pledged as revenues pursuant to this article;
(12) 'Veterans skilled nursing facility' means a skilled nursing care facility constructed and operated to serve the needs of veterans of the Armed Forces of the United States who are citizens of this state.
ARTICLE 30. WEST VIRGINIA HEALTH CARE DECISIONS ACT.
§16-30-7. Determination of incapacity.
(a) For the purposes of this article, a person may not be presumed to be incapacitated merely by reason of advanced age or disability. With respect to a person who has a diagnosis of mental illness or mental retardation intellectual disability, such a diagnosis is not a presumption that the person is incapacitated. A determination that a person is incapacitated shall be made by the attending physician, a qualified physician, a qualified psychologist or an advanced nurse practitioner who has personally examined the person.
(b) The determination of incapacity shall be recorded contemporaneously in the person's medical record by the attending physician, a qualified physician, advanced nurse practitioner or a qualified psychologist. The recording shall state the basis for the determination of incapacity, including the cause, nature and expected duration of the person's incapacity, if these are known.
(c) If the person is conscious, the attending physician shall inform the person that he or she has been determined to be incapacitated and that a medical power of attorney representative or surrogate decision maker may be making decisions regarding life-prolonging intervention or mental health treatment for the person.
§16-30-24. Need for a second opinion regarding incapacity for persons with psychiatric mental illness, intellectual disability or addiction.

For persons with psychiatric mental illness, mental retardation intellectual disability or addiction who have been determined by their attending physician or a qualified physician to be incapacitated, a second opinion by a qualified physician or qualified psychologist that the person is incapacitated is required before the attending physician is authorized to select a surrogate. The requirement for a second opinion shall does not apply in those instances in which the medical treatment to be rendered is not for the person's psychiatric mental illness.

CHAPTER 27. MENTALLY ILL PERSONS.


ARTICLE 1. WORDS AND PHRASES DEFINED.

§27-1-3. Intellectual disability.
'Mental retardation Intellectual disability' means significantly subaverage intellectual functioning which manifests itself in a person during his or her developmental period and which is characterized by his or her inadequacy in adaptive behavior. Notwithstanding any provision to the contrary, if any service provision or reimbursement is affected by the changes in terminology adopted in the 2010 Regular Session of the Legislature, the terms 'intellectual disability' or 'individuals with an intellectual disability' shall assume their previous terminology. It is not the intent of the Legislature to expand the class of individuals affected by this terminology change.
§27-1-6. State hospital.
'State hospital' means any hospital, center or institution, or part thereof of any hospital, center or institution, established, maintained and operated by the Department of Health, or by the Department of Health in conjunction with a political subdivision of the state, to provide inpatient or outpatient care and treatment for the mentally ill, mentally retarded intellectually disabled or addicted. The terms 'hospital' and 'state hospital' exclude correctional and regional jail facilities.
§27-1-7. Administrator and clinical director.
(a) The administrator of a state-operated treatment facility shall be is its chief executive officer and shall have has the authority to manage and administer the financial, business and personnel affairs of such facility. All other persons employed at the state-operated treatment facility shall be are under the jurisdiction and authority of the administrator of the treatment facility who need not be a physician.
(b) The clinical director shall have has the responsibility for decisions involving clinical and medical treatment of patients in a state-operated mental health facility. The clinical director must be a physician duly licensed to practice medicine in this state who has completed training in an accredited program of post-graduate education in psychiatry.
(c) In any facility designated by the Secretary of the Department of Health and Human Resources as a facility for the mentally retarded individuals with an intellectual disability in which programs and services are designed primarily to provide education, training and rehabilitation rather than medical or psychiatric treatment, the duties and responsibilities, other than those directly related to medical treatment services, assigned to the clinical director by this section or elsewhere in this chapter, shall be are assigned to and become the responsibility of the administrator of such that facility, or of a person with expertise in the field of mental retardation intellectual disability, who need not be a physician, designated by the administrator.
§27-1-9. Mental health facility.
'Mental health facility' means any inpatient, residential or outpatient facility for the care and treatment of the mentally ill, mentally retarded intellectually disabled or addicted which is operated, or licensed to operate, by the Department of Health and Human Resources and includes state hospitals as defined in section six of this article. The term also includes veterans administration hospitals, but does not include any regional jail, juvenile or adult correctional facility, or juvenile detention facility.
ARTICLE 1A. DEPARTMENT OF HEALTH.
§27-1A-1. Statement of policy.
The purpose of this article is to improve the administration of the state hospitals, raise the standards of treatment of the mentally ill and mentally retarded intellectually disabled in the state hospitals, encourage the further development of outpatient and diagnostic clinics, establish better research and training programs, and promote the development of mental health.
§27-1A-4. Powers and duties of the commissioner secretary.
The commissioner shall be the executive head of the department, and as such shall have In addition to the powers and duties set forth in any other provision of this code, the Secretary of the Department of Health and Human Resources has the following powers and duties:
(a) To develop and maintain a state plan which sets forth needs of the state in the areas of mental health and mental retardation intellectual disability; goals and objectives for meeting those needs; plan of operation for achieving the stated goals and objectives, including organizational structure; and statement of requirements in personnel funds and authority for achieving the goals and objectives.
(b) To appoint deputies and assistants to supervise the departmental programs, including hospital and residential services, and such other assistants and employees as may be necessary for the efficient operation of the department and all its programs.
(c) To promulgate rules and regulations clearly specifying the respective duties and responsibilities of program directors and fiscal administrators, making a clear distinction between the respective functions of these officials.
(d) To delegate to any of his or her appointees, assistants or employees all powers and duties vested in the commissioner, including the power to execute contracts and agreements in the name of the department as provided in this article, but the commissioner shall be responsible for the acts of such appointees, assistants and employees.
(e) To supervise and coordinate the operation of the state hospitals named in article two of this chapter and any other state hospitals, centers or institutions hereafter created for the care and treatment of the mentally ill or mentally retarded intellectually disabled, or both.
(f) To transfer a patient from any state hospital to any other state hospital or clinic under his or her control and, by agreement with the state Commissioner of public institutions Division of Corrections, transfer a patient from a state hospital to an institution, other than correctional, under the supervision of the state Commissioner of public institutions Division of Corrections.
(g) To make periodic reports to the Governor and to the Legislature on the condition of the state hospitals, centers and institutions or on other matters within his or her authority, which shall include recommendations for improvement of any mental health facility and any other matters affecting the mental health of the people of the state.
The Commissioner of mental health shall have Secretary of the Department of Health and Human Resources has all of the authority vested in the divisions of the former Department of Mental Health, as hereinafter provided.
The Commissioner Secretary of the Department of Health and Human Resources is hereby authorized and empowered to accept and use for the benefit of a state hospital, center or institution, or for any other mental health purpose specified in this chapter, any gift or devise of any property or thing which lawfully may be given. If such a gift or devise is for a specific purpose or for a particular state hospital, center or institution, it shall be used as specified. Any gift or devise of any property or thing which lawfully may be given and whatever profit may arise from its use or investment shall be deposited in a special revenue fund with the State Treasurer, and shall be used only as specified by the donor or donors.
Whenever it shall become necessary, the department of mental health may condemn any interest, right or privilege, land or improvement, which in its opinion may be necessary, in the manner provided by law, for the acquisition by this state of property for public purposes.
§27-1A-6. Division of professional services; powers and duties of supervisor; liaison with other state agencies.

There shall be is a Division of Professional Services is hereby established in the Department of Mental Health. The supervisor of this division shall assist the director in the operation of the programs or services of the department and shall be a qualified psychiatrist.
The supervisor of this division shall have has the following powers and duties:
(1) To develop professional standards, provide supervision of state hospitals, analyze hospital programs and inspect individual hospitals.
(2) To assist in recruiting professional staff.
(3) To take primary responsibility for the education and training of professional and subprofessional personnel.
(4) To carry on or stimulate research activities related to medical and psychiatric facilities of the department, and render specialized assistance to hospital superintendents.
(5) To establish liaison with appropriate state agencies and with private groups interested in mental health, such as including the state Department of Bureau for Public Health, the board of Probation and Parole Division of Corrections, the Department of Education, the Board of Governors of West Virginia University, and the West Virginia Association for Mental Health, Incorporated.
(6) To license, supervise and inspect any hospital, center or institution, or part thereof of any hospital, center or institution, maintained and operated by any political subdivision or by any person, persons, association or corporation to provide inpatient care and treatment for the mentally ill, or mentally retarded individuals with an intellectual disability, or both.
(7) To perform any other duties assigned to the division by the director of the department Secretary of the Department of Health and Human Resources.
ARTICLE 2. MENTAL HEALTH FACILITIES.

§27-2-1. State hospitals and other facilities; transfer of control and property from Department of Mental Health to Department of Health and Human Resources; civil service coverage.

The state hospitals heretofore established at Weston, Spencer Huntington Barboursville and Lakin, Guthrie, Roney's Point, St. Marys and Lewisburg shall be are continued and known respectively as the Weston Hospital, Spencer Hospital Huntington Hospital Barboursville Hospital William R. Sharpe, Jr. Hospital, Mildred-Mitchell Bateman Hospital and Lakin Hospital. Guthrie Center, Roney's Point Center, Colin Anderson Center and the Greenbrier School for Retarded Children. Said These state hospitals and centers shall be are managed, directed and controlled by the Department of Health and Human Resources. Any person employed by the Department of Mental Health who on the effective date of this article is a classified civil service employee shall, within the limits contained in section two, article six of chapter twenty-nine of this code, remain in the civil service system as a covered employee. The Director of the Department of Health Secretary of the Department of Health and Human Resources is hereby authorized to bring said the state hospitals into structural compliance with appropriate fire and health standards. All references in this code or elsewhere in law to the 'West Virginia Training School' shall be taken and construed to mean and refer to the 'Colin Anderson Center.'
The control of the property, records, and financial and other affairs of state mental hospitals and other state mental health facilities is hereby transferred from the Department of Mental Health to the Department of Health and Human Resources. As the chief executive officer, the Director of Health secretary shall, in respect to the control and management of such the state hospitals and other state mental health facilities, perform the same duties and functions as were heretofore exercised or performed by the Department of Mental Health Director of Health. The title to all property of such the state hospitals and other state facilities is hereby transferred to and vested in the Department of Health and Human Resources.
Notwithstanding any other provisions of this code to the contrary, whenever in this code there is a reference to the Department of Mental Health, it shall be construed to mean and shall be is a reference to the Director of the Department of Health Secretary of the Department of Health and Human Resources.
ARTICLE 2A. MENTAL HEALTH - INTELLECTUAL DISABILITY CENTERS.

§27-2A-1. Comprehensive community mental health-intellectual disability centers; establishment, operation and location; access to treatment.

(a) The Director of Health Department of Health and Human Resources is authorized and directed to establish, maintain and operate comprehensive community mental health centers and comprehensive mental retardation intellectual disability facilities, at such locations within the state as may be that are determined by the director secretary in accordance with the state's comprehensive mental health plan and the state's comprehensive mental retardation intellectual disability plan. Such facilities may be integrated with a general health care or other facility or remain separate as the board of Health Secretary of the Department of Health and Human Resources may by rules prescribe: Provided, That nothing contained herein shall may be construed to allow the Department of Health and Human Resources to assume the operation of comprehensive regional mental health centers or comprehensive mental retardation intellectual disability facilities which have been heretofore established according to law and which, as of the effective date of this article, are being operated by local nonprofit organizations.
(b) Any new mental health centers and comprehensive mental retardation facilities herein provided for may be operated and controlled by the Department of Health and Human Resources or operated, maintained and controlled by local nonprofit organizations and licensed according to rules and regulations promulgated by the board of Health Secretary of the Department of Health and Human Resources. All comprehensive regional mental health and mental retardation intellectual disability facilities licensed in the state shall:
(1) Have a written plan for the provision of diagnostic, treatment, supportive and aftercare services, and written policies and procedures for implementing these services;
(2) Have sufficient employees appropriately qualified to provide these services;
(3) Maintain accurate medical and other records for all patients receiving services;
(4) Render outpatient services in the aftercare of any patient discharged from an inpatient hospital, consistent with the needs of the individual. No person who can be treated as an outpatient at a community mental health center shall may be admitted involuntarily into a state hospital.
(5) Have a chief administrative officer directly responsible to a legally constituted board of directors of a comprehensive mental health or mental retardation intellectual disability facility operated by a local nonprofit organization, or to the Director of the Department of Health Secretary of the Department of Health and Human Resources if the comprehensive mental health or mental retardation intellectual disability center or facility is operated by the Department of Health and Human Resources; and
(6) Have a written plan for the referral of patients for evaluation and treatment for services not provided.
The state's share of costs of operating such the facilities may be provided from funds appropriated for this purpose within the budget of the Department of Health and Human Resources. The director secretary of that department shall administer these funds among all comprehensive mental health and mental retardation intellectual disability facilities as may be that are required to best provide comprehensive community mental health care and services to the citizens of the state.
After July 1, but not later than August 1 of each year, the chief administrative officer of each comprehensive regional mental health center and mental retardation intellectual disability facility shall submit a report to the Director Secretary of the Department of Health and Human Resources and to the Legislative Auditor containing a listing of:
(1) All funds received by the center or facility;
(2) All funds expended by the center or facility;
(3) All funds obligated by the center or facility;
(4) All services provided by the center or facility;
(5) The number of persons served by the center or facility; and
(6) Other information as the Board of Health shall by regulation prescribe Secretary of the Department of Health and Human Resources prescribes by regulation.
ARTICLE 5. INVOLUNTARY HOSPITALIZATION.
§27-5-9. Rights of patients.
(a) No person may be deprived of any civil right solely by reason of his or her receipt of services for mental illness, mental retardation intellectual disability or addiction, nor does the receipt of the services modify or vary any civil right of the person, including, but not limited to, civil service status and appointment, the right to register for and to vote at elections, the right to acquire and to dispose of property, the right to execute instruments or rights relating to the granting, forfeiture or denial of a license, permit, privilege or benefit pursuant to any law, but a person who has been adjudged incompetent pursuant to article eleven of this chapter and who has not been restored to legal competency may be deprived of such rights. Involuntary commitment pursuant to this article does not of itself relieve the patient of legal capacity.
(b) Each patient of a mental health facility receiving services from the facility shall receive care and treatment that is suited to his or her needs and administered in a skillful, safe and humane manner with full respect for his or her dignity and personal integrity.
(c) Every patient has the following rights regardless of adjudication of incompetency:
(1) Treatment by trained personnel;
(2) Careful and periodic psychiatric reevaluation no less frequently than once every three months;
(3) Periodic physical examination by a physician no less frequently than once every six months; and
(4) Treatment based on appropriate examination and diagnosis by a staff member operating within the scope of his or her professional license.
(d) The chief medical officer shall cause to be developed within the clinical record of each patient a written treatment plan based on initial medical and psychiatric examination not later than seven days after he or she is admitted for treatment. The treatment plan shall be updated periodically, consistent with reevaluation of the patient. Failure to accord the patient the requisite periodic examinations or treatment plan and reevaluations entitles the patient to release.
(e) A clinical record shall be maintained at a mental health facility for each patient treated by the facility. The record shall contain information on all matters relating to the admission, legal status, care and treatment of the patient and shall include all pertinent documents relating to the patient. Specifically, the record shall contain results of periodic examinations, individualized treatment programs, evaluations and reevaluations, orders for treatment, orders for application for mechanical restraint and accident reports, all signed by the personnel involved.
(f) Every patient, upon his or her admission to a hospital and at any other reasonable time, shall be given a copy of the rights afforded by this section.
(g) The Secretary of the Department of Health and Human Resources shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to protect the personal rights of patients not inconsistent with this section.
ARTICLE 9. LICENSING OF HOSPITALS.
§27-9-1. License from director of health; regulations.
No hospital, center or institution, or part thereof of any hospital, center or institution, to provide inpatient, outpatient or other service designed to contribute to the care and treatment of the mentally ill or mentally retarded intellectually disabled, or prevention of such disorders, shall may be established, maintained or operated by any political subdivision or by any person, persons, association or corporation unless a license therefor shall be is first obtained from the Director of Health Secretary of the Department of Health and Human Resources. The application for such license shall be accompanied by a plan of the premises to be occupied, and such other data and facts as the director commissioner may require. He The secretary may make such terms and regulations in regard to the conduct of such any licensed hospital, center or institution, or part thereof of any licensed hospital, center or institution, as he may think or she thinks proper and necessary. He The secretary, or any person authorized by him, shall have the secretary has authority to investigate and inspect such any licensed hospital, center or institution, or part thereof of any licensed hospital, center or institution; and the Director of Health secretary may revoke the license of any such hospital, center or institution, or part thereof of any hospital, center or institution, for good cause after reasonable notice to the superintendent or other person in charge thereof of the hospital, center or institution.
ARTICLE 12. OFFENSES.
§27-12-1. Malicious making of medical certificate or complaint as to mental condition.
Any physician who shall sign signs a certificate respecting the mental condition of any person without having made the examination as provided for by this chapter, or shall make makes any statement in any such certificate maliciously for the purpose of having such person declared mentally ill, mentally retarded intellectually disabled or an inebriate, and any person who shall maliciously make makes application to any circuit court or mental hygiene commission for the purpose of having another person declared mentally ill, mentally retarded intellectually disabled, or an inebriate, shall be is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding $500, or imprisoned not exceeding one year, or both fined and imprisoned at the discretion of the court.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.

ARTICLE 15. STATE COMMISSION ON INTELLECTUAL DISABILITY.
§29-15-1. Creation and composition.
There is hereby created the State Commission on mental retardation Intellectual Disability hereinafter referred to as the commission. The commission shall consist of seven members, who, ex officio, shall be the state Superintendent of Schools, the Director of Health, the Director of Mental Health, the Commissioner of Public Institutions, the Commissioner of Welfare the Director of the West Virginia Division of Vocational Rehabilitation and the Commissioner of the West Virginia Department of Employment Security.
Pursuant to subsection (f), section one, article two, chapter five-f of this code, the commission created by this section is now incorporated into and administered as part of the Department of Health and Human Resources. All references to the commission in this article shall be construed to mean the Department of Health and Human Resources.
§29-15-5. Purposes.
The commission Department of Health and Human Resources shall take action to carry out the following purposes:
(a) Plan for and take other steps leading to comprehensive state and community action to combat mental retardation intellectual disability.
(b) Determine what action is needed to combat mental retardation intellectual disability in the state and the resources available for this purpose.
(c) Develop public awareness of the mental retardation intellectual disability problem and of the need for combating it.
(d) Coordinate state and local activities relating to the various aspects of mental retardation intellectual disability and its prevention, treatment, or amelioration.
(e) Consult with and advise the Governor and Legislature on all aspects of mental retardation intellectual disability.
(f) Consult with and advise state agencies, boards or departments with mental retardation intellectual disability responsibilities relative to the effective discharge of such responsibilities.
§29-15-6. State agency for federal intellectual disability program.
The commission Department of Health and Human Resources is hereby designated and established as the sole state agency for receiving appropriations under and carrying out the purposes of section five of Public Law 88-156, eighty-eighth Congress approved October 24, 1963, and any law amending, revising, supplementing or superseding section five of said Public Law 88-156.
The commission shall constitute department constitutes the designated state agency for handling all programs of the federal government relating to mental retardation intellectual disability requiring action within the state which are not the specific responsibility of another state agency under the provisions of federal law, rules or regulations, or which have not been specifically entrusted to another state agency by the Legislature.
CHAPTER 44A. WEST VIRGINIA GUARDIANSHIP AND

CONSERVATORSHIP ACT.

ARTICLE 1. DEFINITIONS AND GENERAL PROVISIONS.

§44A-1-1. Short title and legislative findings.

This chapter shall be is known and may be cited as the 'West Virginia Guardianship and Conservatorship Act.'
The Legislature finds that section six, article eight of the Constitution of the State of West Virginia gives it the discretionary authority to pass legislation which '...provides that all matters of probate, the appointment and qualification of personal representatives, guardians, committees and curators, and the settlements of their accounts...' be under the exclusive jurisdiction of circuit courts. The Legislature further finds and declares that the use of the word 'all' does not require an interpretation that the Legislature must place every aspect of such matters with circuit courts, but, that because of the discretionary authority given, the Legislature may transfer, from time to time, only those matters which it believes would be better served under the jurisdiction of circuit courts.
The Legislature hereby further finds and declares that legal proceedings requiring a tribunal to determine whether persons should be appointed to manage the personal or financial affairs of individuals deemed mentally incompetent, mentally retarded intellectually disabled, mentally handicapped or missing involve considerations of constitutionally protected rights which can best be resolved within the circuit courts of this state.
§44A-1-2. Determinations and appointments under prior law.
(a) Any person determined to be 'mentally incompetent', 'mentally retarded' an 'intellectually disabled' or 'mentally handicapped' and for such reason deemed to be in need of a guardian or committee pursuant to any order entered and in effect prior to before the effective date of this chapter is deemed to be a 'protected person' within the meaning of this chapter, from and after its effective date, unless any such determination be revoked or otherwise modified.
(b) Any person heretofore appointed to serve as a committee for an incompetent person and any person appointed to serve as a guardian for a mentally retarded an individual with an intellectual disability or for a mentally handicapped person, is, as of the effective date of this chapter, deemed to be: (1) A guardian, within the meaning of this chapter, if the order appointing such person provides that the person so appointed has responsibility only for the personal affairs of a mentally incompetent mentally retarded, intellectually disabled or mentally handicapped person; (2) a conservator, within the meaning of this chapter, if the order appointing such person provides that the person so appointed had responsibility only for managing the estate and financial affairs of a mentally incompetent mentally retarded intellectually disabled or mentally handicapped person; or (3) a guardian and a conservator, within the meaning of this chapter, if the order appointing such person does not set forth limitations of responsibility for both the personal affairs and the financial affairs of a mentally incompetent mentally retarded intellectually disabled, or mentally handicapped person.
(c) From and After the effective date of this chapter, the circuit courts shall have exclusive jurisdiction of all matters involving determinations of mental incompetency, mental retardation intellectual disability or mental handicap, including the jurisdiction of any proceedings pending as of such that effective date. All orders entered prior to before the effective date of this chapter in such those cases shall remain in full force and effect until terminated, revoked or modified as provided herein.
(d) All persons heretofore appointed to serve as a committee or as a guardian shall retain their authority, powers and duties in such that capacity, except to the extent that their authority, powers and duties as such guardian or conservator under the provisions of this chapter are more specifically enumerated, in which event such the committee or guardian shall have has the authority, powers and duties so enumerated.
Wherever in the Constitution, the Code of West Virginia, acts of the Legislature or elsewhere in law a reference is made to a committee for an incompetent person, such reference shall be read, construed and understood to mean guardian and/or conservator as defined in this chapter.
(e) The provisions of this chapter providing for the presentation of reports by guardians and the presentation of accountings by conservators shall may not be retroactively applied, and applicable law in effect prior to before the effective date of this chapter shall control controls as to any reports or accountings to be made or filed for any period prior to before the effective date of this chapter.
(f) As used in this section, 'prior law' refers to article eleven, chapter twenty-seven of this code, relating to the appointment of committees for mentally incompetent persons, and to article ten-a, chapter forty-four, relating to the appointment of guardians for mentally retarded individuals with an intellectual disability and mentally handicapped persons, as such those articles were in effect prior to before the effective date of this chapter.
CHAPTER 49. CHILD WELFARE.

ARTICLE 4A. WEST VIRGINIA FAMILY SUPPORT PROGRAM.
§49-4A-6. Regional and state family support councils.
(a) Each regional family support agency shall establish a regional family support council comprised of at least seven members, of whom at least a majority shall be persons with developmental disabilities or their parents or primary caregivers. Each regional family support council shall meet at least quarterly to advise the regional family support agency on matters related to local implementation of the family support program and to communicate information and recommendations regarding the family support program to the state Family Support Council.
(b) The Secretary of the Department of Health and Human Resources shall appoint a state Family Support Council comprised of at least twenty-two members, of whom at least a majority shall be persons with developmental disabilities or their parents or primary caregivers. A representative elected by each regional council shall serve on the state council. The state council shall also include a representative from each of the following agencies: The state Developmental Disabilities Planning Council, the state Protection and Advocacy Agency, the University Affiliated Center for Developmental Disabilities, the Office of Special Education, the Association of Community Mental Health/mental retardation Intellectual Disability Programs and the Early Intervention Interagency Coordinating Council.
(c) The state council shall meet at least quarterly. The state council will participate in the development of program policies and procedures, annual contracts and perform such other duties as are necessary for statewide implementation of the family support program.
(d) Members of the state and regional councils who are a member of the family or the primary caregiver of a developmentally disabled person shall be reimbursed for travel and lodging expenses incurred in attending official meetings of their councils. Child care expenses related to the developmentally disabled person shall also be reimbursed. Members of regional councils who are eligible for expense reimbursement shall be reimbursed by their respective regional family support agencies."
And by amending the title of the bill to read as follows:
Com. Sub. for H. B. 4281 - "A Bill to repeal §27-1A-12 of the Code of West Virginia, 1931, as amended; to repeal §27-2-1a and §27-2-1b of said code; to amend and reenact §9-4C-1 and §9- 4C-5 of said code; to amend and reenact §9-5-11c of said code; to amend and reenact §11-27-10 and §11-27-11 of said code; to amend and reenact §16-1-4 of said code; to amend and reenact §16-2D-2 and §16-2D-5 of said code; to amend and reenact §16-5F-2 of said code; to amend and reenact §16-5O-2 of said code; to amend and reenact §16-22-1 and §16-22-2 of said code; to amend and reenact §16-29A-3 of said code; to amend and reenact §16-30-7 and §16-30-24 of said code; to amend and reenact §27-1-3, §27-1-6, §27-1-7 and §27-1-9; to amend and reenact §27-1A-1, §27-1A-4 and §27-1A-6 of said code; to amend and reenact §27-2-1 of said code; to amend and reenact §27-2A-1 of said code; to amend and reenact §27-5-9 of said code; to amend and reenact §27-9-1 of said code; to amend and reenact §27-12-1 of said code; to amend and reenact §29-15-1, §29-15-5 and §29-15-6 of said code; to amend and reenact §44A-1-1 and §44A-1-2 of said code; and to amend and reenact §49-4A-6 of said code, all relating to updating code references relating to intellectually disabled persons; replacing the term 'mentally retarded' with 'intellectually disabled' or 'individuals with an intellectual disability'; renaming an intermediate care facility for the mentally retarded (ICF-MR) to an intermediate care facility for individuals with an intellectual disability (ICF-ID); altering definitions of terms; providing that previous terminology will control in certain situations; clarifying the powers and duties of the Secretary of the Department of Health and Human Resources; and deleting obsolete references."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 403), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Boggs, Cann and Ross.
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. 4281) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4486, Relating to tax tickets and other required notifications concerning property taxes.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §11A-3-52 and 11A-3-55 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. SALE OF TAX LIENS AND NONENTERED, ESCHEATED AND WASTE AND UNAPPROPRIATED LANDS.

§11A-3-52. What purchaser must do before he can secure a deed.
(a) Within forty-five days following the approval of the sale by the auditor pursuant to section fifty-one of this article, the purchaser, his heirs or assigns, in order to secure a deed for the real estate purchased, shall:
(1) Prepare a list of those to be served with notice to redeem and request the deputy commissioner to prepare and serve the notice as provided in sections fifty-four and fifty-five of this article; and
(2) When the real property subject to the tax lien was classified as Class II property, provide the deputy commissioner with the actual mailing address of the property that is subject to the tax lien or liens purchased; and,
(2)(3) Deposit, or offer to deposit, with the deputy commissioner a sum sufficient to cover the costs of preparing and serving the notice.
(b) For failure to meet these requirements If the purchaser fails to fulfill the requirements set forth in paragraph (a) of this section, the purchaser shall lose all the benefits of his or her purchase.
(c) After the requirements of paragraph (a) of this section have been satisfied, the deputy commissioner may then sell the property in the same manner as he sells lands which have been offered for sale at public auction but which remain unsold after such auction, as provided in section forty-eight of this article.
(b)(d) If the person requesting preparation and service of the notice is an assignee of the purchaser, he shall, at the time of the request, file with the deputy commissioner a written assignment to him of the purchaser's rights, executed, acknowledged and certified in the manner required to make a valid deed.
§11A-3-55. Service of notice.
As soon as the deputy commissioner has prepared the notice provided for in section fifty-four of this article, he shall cause it to be served upon all persons named on the list generated by the purchaser pursuant to the provisions of section fifty-two of this article. Such notice shall be mailed and, if necessary, published at least thirty days prior to the first day a deed may be issued following the deputy commissioner's sale.
The notice shall be served upon all such persons residing or found in the state in the manner provided for serving process commencing a civil action or by certified mail, return receipt requested. The notice shall be served on or before the thirtieth day following the request for such notice.
If any person entitled to notice is a nonresident of this state, whose address is known to the purchaser, he shall be served at such address by certified mail, return receipt requested.
If the address of any person entitled to notice, whether a resident or nonresident of this state, is unknown to the purchaser and cannot be discovered by due diligence on the part of the purchaser, the notice shall be served by publication as a Class III-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county in which such real estate is located. If service by publication is necessary, publication shall be commenced when personal service is required as set forth above, and a copy of the notice shall at the same time be sent by certified mail, return receipt requested, to the last known address of the person to be served. The return of service of such notice, and the affidavit of publication, if any, shall be in the manner provided for process generally and shall be filed and preserved by the auditor in his office, together with any return receipts for notices sent by certified mail.
In addition to the other notice requirements set forth in this section, if the real property subject to the tax lien was classified as Class II property at the time of the assessment, at the same time the deputy commissioner issues the required notices by certified mail, the deputy commissioner shall forward a copy of the notice sent to the delinquent taxpayer by first class mail, addressed to 'Occupant', to the physical mailing address for the subject property. The physical mailing address for the subject property shall be supplied by the purchaser of the property, pursuant to the provisions of section fifty-two of this article."
And by amending the title of the bill to read as follows:
Com. Sub. for H. B. 4486 - "A Bill to amend and reenact §11A-3-52 and §11A-3-55 of the Code of West Virginia, 1931, as amended, all relating to the procedures, notice and redemption requirements which apply when Class II real property is auctioned or sold for failure to pay taxes; requiring the purchaser of real property at a tax lien sale or auction to provide the actual mailing address for the Class II property as a part of the post-sale or post-auction information provided to the deputy commissioner; and requiring that a copy of the notice of the right to redeem the property be sent to the actual mailing address of the Class II property, in the name of 'Occupant'."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 404), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Cann and Ross.
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. 4486) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
H. B. 4521, Creating a sales tax holiday for purchases of guns and ammunition.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate title amendment was reported by the Clerk:
H. B. 4521 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9n, relating to creating a sales tax holiday for purchases of guns during the first weekend in October."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 405), and there were--yeas 93, nays 4, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Brown, Doyle, Guthrie and Wells.
Absent And Not Voting: Argento, Cann and Ross.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4521) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4525, Changing the composition, powers and responsibilities of the board of Coal Mine Health and Safety.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 1. OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING; ADMINISTRATION; ENFORCEMENT.

§22A-1-21. Penalties.
(a)(1) Any operator of a coal mine in which a violation occurs of any health or safety rule or who violates any other provisions of this chapter shall be assessed a civil penalty by the director under subdivision (3) of this subsection, which shall be not more than $3,000, for each violation, unless the director determines that it is appropriate to impose a special assessment for said violation, pursuant to the provisions of subdivision (2), subsection (b) of this section. Each violation constitutes a separate offense. In determining the amount of the penalty, the director shall consider the operator's history of previous violations, whether the operator was negligent, the appropriateness of the penalty to the size of the business of the operator charged, the gravity of the violation and the demonstrated good faith of the operator charged in attempting to achieve rapid compliance after notification of a violation. Not later than June 1, 2002, the director shall promulgate as a rule the procedure for assessing such civil penalties. This rule will be in effect upon filing, without regard to the provisions of chapter twenty-nine-a of this code.
(2) Any Revisions to rules relating to the assessment of civil penalties shall be proposed for promulgation as legislative rules in accordance with the provisions of article three, chapter twenty- nine-a of this code.
(3) Any miner who knowingly violates any health or safety provision of this chapter or health or safety rule promulgated pursuant to this chapter is subject to a civil penalty assessed by the director under subdivision (4) of this subsection which shall not be more than $250 for each occurrence of the violation.
(4) A civil penalty under subdivision (1) or (2) of subsection (a) of this section or subdivision (1) or (2) of subsection (b) of this section shall be assessed by the director only after the person charged with a violation under this chapter or rule promulgated pursuant to this chapter has been given an opportunity for a public hearing and the director has determined, by a decision incorporating the director's findings of fact in the decision, that a violation did occur and the amount of the penalty which is warranted and incorporating, when appropriate, an order in the decision requiring that the penalty be paid. Any hearing under this section shall be of record.
(5) If the person against whom a civil penalty is assessed fails to pay the penalty within the time prescribed in the order, the director may file a petition for enforcement of the order in any appropriate circuit court. The petition shall designate the person against whom the order is sought to be enforced as the respondent. A copy of the petition shall immediately be sent by certified mail, return receipt requested, to the respondent and to the representative of the miners at the affected mine or the operator, as the case may be. The director shall certify and file in the court the record upon which the order sought to be enforced was issued. The court has jurisdiction to enter a judgment enforcing, modifying and enforcing as modified, or setting aside, in whole or in part, the order and decision of the director or it may remand the proceedings to the director for any further action it may direct. The court shall consider and determine de novo all relevant issues, except issues of fact which were or could have been litigated in review proceedings before a circuit court under section twenty of this article and, upon the request of the respondent, those issues of fact which are in dispute shall be submitted to a jury. On the basis of the jury's findings the court shall determine the amount of the penalty to be imposed. Subject to the direction and control of the Attorney General, attorneys appointed for the director may appear for and represent the director in any action to enforce an order assessing civil penalties under this subdivision.
(b) (1) Any operator who knowingly violates a health or safety provision of this chapter or health or safety rule promulgated pursuant to this chapter, or knowingly violates or fails or refuses to comply with any order issued under section fifteen of this article, or any order incorporated in a final decision issued under this article, except an order incorporated in a decision under subsection (a) of this section or subsection (b), section twenty-two of this article, shall be assessed a civil penalty by the director under subdivision (5), subsection (a) of this section of not more than $5,000 and for a second or subsequent violation assessed a civil penalty of not more than $10,000, unless the director determines that it is appropriate to impose a special assessment for said violation, pursuant to the provisions of subdivision (2) of this subsection.
(2) In lieu of imposing a civil penalty pursuant to the provisions of subsection (a) of this section or subdivision (1) of this subsection, the director may impose a special assessment if an operator violates a health or safety provision of this chapter or health or safety rule promulgated pursuant to this chapter and the violation is of serious nature and involves one or more of the following by the operator:
(A) Violations involving fatalities and serious injuries;
(B) Failure or refusal to comply with any order issued under section fifteen of this article;
(C) Operation of a mine in the face of a closure order;
(D) Violations involving an imminent danger;
(E) Violations involving an extraordinarily high degree of negligence or gravity or other unique aggravating circumstances; or
(F) A discrimination violation under section twenty-two of this article.
In situations in which the director determines that there are factors present which would make it appropriate to impose a special assessment, the director shall assess a civil penalty of at least $5,000 and of not more than $10,000.
(c) Whenever a corporate operator knowingly violates a health or safety provision of this chapter or health or safety rules promulgated pursuant to this chapter, or knowingly violates or fails or refuses to comply with any order issued under this law or any order incorporated in a final decision issued under this law, except an order incorporated in a decision issued under subsection (a) of this section or subsection (b), section twenty-two of this article, any director, officer or agent of the corporation who knowingly authorized, ordered or carried out the violation, failure or refusal is subject to the same civil penalties that may be imposed upon a person under subsections (a) and (b) of this section.
(d) Whoever knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this law or any order or decision issued under this law is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned in the county jail not more than six months, or both fined and imprisoned. The conviction of any person under this subsection shall result in the revocation of any certifications held by the person under this chapter which certified or authorized the person to direct other persons in coal mining by operation of law and bars that person from being issued any license under this chapter, except a miner's certification, for a period of not less than one year or for a longer period as may be determined by the director.
(e) Whoever willfully distributes, sells, offers for sale, introduces or delivers in commerce any equipment for use in a coal mine, including, but not limited to, components and accessories of the equipment, who willfully misrepresents the equipment as complying with the provisions of this law, or with any specification or rule of the director applicable to the equipment, and which does not comply with the law, specification or rule, is guilty of a misdemeanor and, upon conviction thereof, is subject to the same fine and imprisonment that may be imposed upon a person under subsection (d) of this section.
(f) There is created continued in the Treasury of the State of West Virginia a Special Health, Safety and Training Fund. All civil penalty assessments collected under this section shall be collected by the director and deposited with the Treasurer of the State of West Virginia to the credit of the Special Health, Safety and Training Fund. The fund shall be used by the director who is authorized to expend the moneys in the fund for the administration of this chapter.
ARTICLE 2A. USE OF DIESEL-POWERED EQUIPMENT IN UNDERGROUND COAL MINES.
PART 3. WEST VIRGINIA DIESEL EQUIPMENT COMMISSION.

§22A-2A-301. Creation of The West Virginia Diesel Equipment Commission.
The West Virginia Diesel Equipment Commission, consisting of six members, is hereby created in the Office of Miners' Health, Safety and Training of the bureau of commerce continued, and commencing July 1, 2010, is a separate independent commission within the Department of Commerce.
§22A-2A-304. Nomination and appointment of members.
(a) Prior to the appointment of a person to the commission, the Governor shall request the nomination of a candidate for the appointment. If the position is to be filled by a person who can reasonably be expected to represent the viewpoint or interests of underground coal operators in this state, the Governor shall request the nomination from the major trade association representing underground coal operators in this state. If the position is to be filled by a person who can reasonably be expected to represent the viewpoint or interests of working miners in this state, the Governor shall request the nomination from the highest ranking officer of the major employee organization representing coal miners in this state. The Director of the Office of Miner's Health, Safety and Training or his or her designee and the Health Safety Administrator shall serve as a nonvoting ex officio member.
(b) The Governor shall appoint a member to serve for the term for which the person was nominated, and until his or her successor has been nominated and appointed: Provided, That if a successor is not appointed within one hundred twenty days after the expiration of a member's term, a vacancy is deemed to exist. The Governor may reject a nomination and decline to appoint a nominee only if the person does not have the qualifications, integrity and responsibility necessary to enable the person to perform his or her duties as a member of the commission.
(c) Appointments to fill vacancies on the commission shall be for the unexpired term of the member to be replaced.
§22A-2A-310. Duties of commission following promulgation of initial rules.

(a) After the promulgation of the initial rules, the commission shall have as its primary duties the implementation of this article and the evaluation and adoption of state of the art technology and methods, reflected in engines and engine components, emission control equipment and procedures, that when applied to diesel-powered underground mining machinery shall reasonably reduce or eliminate diesel exhaust emissions and enhance protections of the health and safety of miners. The technology and methods adopted by the commission shall have been demonstrated to be reliable. In making a decision to adopt new technology and methods, the commission shall consider the highest achievable measures of protection for miners' health and safety through available technology, engineering controls and performance requirements and shall further consider the cost, availability, adaptability and suitability of any available technology, engineering controls and performance requirements as they relate to the use of diesel equipment in underground coal mines. Any state of the art technology or methods adopted by the commission shall not reduce or compromise the level of health and safety protection of miners.
(b) Upon application of a coal mine operator, the commission shall consider site-specific requests for the use of diesel equipment in underground coal mines and for the use of alternative diesel-related health and safety technologies and methods. The commission's action on applications submitted under this subsection shall be on a mine-by-mine basis. Upon receipt of a site-specific application, the commission shall conduct an investigation, which investigation shall include consultation with the mine operator and the authorized representatives of the miners at the mine. Authorized representatives of the miners shall include a Mine Health and Safety Committee elected by miners at the mine, a person or persons employed by an employee organization representing miners at the mine or a person or persons authorized as the representative or representatives of miners of the mine in accordance with MSHA regulations at 30 C.F.R. Pt. 40 (relating to representative of miners). Where there is no authorized representative of the miners, the commission shall consult with a reasonable number of miners at the mine. Upon completion of the investigation, the commission may approve the application for the site-specific request: Provided, That an application for a site-specific request under this subsection may be approved only upon a majority vote of all six members of the commission. All six members must be present when a vote is taken.
(1) Within one hundred eighty days of receipt of an application for use of alternative technologies or methods, the commission shall complete its investigation. The time period may be extended with the consent of the applicant.
(2) The commission shall have thirty days in which to render a final decision approving or rejecting the application.
(3) The commission members shall not approve an application made under this section if, at the conclusion of the investigation, the commission members have made a determination that the use of the alternative technology or method will reduce or compromise the level of health and safety protection of miners.
(4) The written approval of an application for the use of alternative technologies or methods shall include the results of the commission's investigation and describe the specific conditions of use for the alternative technology or method.
(5) The written decision to reject an application for the use of alternative technologies or methods shall include the results of the commission's investigation and shall outline in detail the basis for the rejection.
(c) The commission shall establish conditions for the use of diesel-powered equipment in shaft and slope construction operations at coal mines.
(d) In performing its functions, the commission shall have access to the services of the Board of Coal Mine Health and Safety. The board shall make clerical available provide administrative support and assistance pursuant to section six, article six of this chapter, to enable the commission to carry out its duties.
(e) Any action taken by the commission to either approve or reject the use of an alternative technology or method, or establish conditions under subsection (c) of this section, shall be final and binding and not subject to further review except where a decision by the commission may be deemed to be an abuse of discretion or contrary to law. If any party affected by a decision of the commission believes that the decision is an abuse of discretion or contrary to law, that party may file a petition for review with the circuit court of Kanawha County in accordance with the provisions of the administrative procedures act relating to judicial review of governmental determinations. The court, in finding that any decision made by the commission is an abuse of discretion or contrary to law, shall vacate and, if appropriate, remand the case.
(f) The powers and duties of the commission shall be limited to the matters regarding the use of diesel-powered equipment in underground coal mines.
(g) Appropriations for the funding of the commission and to effectuate the purposes of this article shall be made to a budget account hereby established for that purpose in the General Revenue Fund. Expenditures from this fund are provided for in section six, article six of this chapter.
(h) The commission may issue a clarifying resolution about the initial rules and other matters consistent with the powers and duties of the commission under this article. A unanimous vote is required for any clarifying resolution by the commission.
ARTICLE 6. Board of Coal Mine Health and Safety.

§22A-6-3. Board continued; membership; method of nomination and appointment; meetings; vacancies; quorum.

(a) The Board of Coal Mine Health and Safety heretofore established, is continued, as provided by this article. and commencing July 1, 2010, is a separate independent board within the Department of Commerce. The board consists of seven six voting members and one ex officio, nonvoting member who are residents of this state, and who are appointed as follows: hereinafter specified in this section:
(1) The Governor shall appoint, by and with the advice and consent of the Senate, three members to represent the viewpoint of those operators in this state. When such members are to be appointed, the Governor shall request from the major trade association representing operators in this state a list of three nominees for each such position on the board. All such nominees shall be persons with special experience and competence in health and safety. There shall be submitted with such list a summary of the qualifications of each nominee. If the full lists of nominees are submitted in accordance with the provisions of this subdivision, the Governor shall make the appointments from the persons so nominated. For purposes of this subdivision, the major trade association representing operators in this state is that association which represents operators accounting for over one half of the coal produced in mines in this state in the year prior to the year in which the appointment is to be made.
(2) The Governor shall appoint, by and with the advice and consent of the Senate, three members who can reasonably be expected to represent the viewpoint of the working miners of this state. When members are to be appointed, the Governor shall request from the major employee organization representing coal miners within this state a list of three nominees for each position on the board. The highest ranking official within the major employee organization representing coal miners within this state shall submit a list of three nominees for each such position on the board. The nominees shall have a background in health and safety. The Governor shall make the appointments from the requested list of nominees.
(3) All appointments made by the Governor under the provisions of subdivisions (1) and (2) of this subsection shall be with the advice and consent of the Senate; and,
(4) The seventh member of the board is the director of the office of miners' health, safety and training, or his or her designee, who serves as chair of the board as an ex officio nonvoting member, except that the director may vote if there is a tie vote when the board is acting pursuant to subsection (e), section four of this article or subdivision (3), subsection (f), section seven of this article. The Director shall furnish to the board such secretarial, clerical, technical, research and other services as are necessary to the conduct of the business of the board, not otherwise furnished by the board; and,
(5) (4) The Director of the Office of Miner's Health, Safety and Training or his or her designee shall serve as an ex officio, nonvoting member.
(b) Members serving on the board on the effective date of this article July 1, 2010, may continue to serve until the expiration of their terms. Thereafter, members shall be nominated and appointed in the manner provided for in this section and shall serve for a The term of is three years. Members are eligible for reappointment.
(c) On or after January 1, 2002, The Governor shall appoint, subject to the approval of a majority of the members of the board appointed under subdivisions (1) and (2), subsection (a) of this section, a Health and Safety Administrator in accordance with the provisions of section six of this article, who shall certify all official records of the board. The Health and Safety Administrator shall be a full-time officer of the Board of Coal Mine Health and Safety with the duties provided for in section six of this article. The Health and Safety Administrator shall have such education and experience as the Governor deems necessary to properly investigate areas of concern to the board in the development of rules governing mine health and safety. The Governor shall appoint as Health and Safety Administrator a person who has an independent and impartial viewpoint on issues involving mine safety. The Health and Safety Administrator shall be a person who has not been during the two years immediately preceding appointment, and is not during his or her term, an officer, trustee, director, substantial shareholder, contractor, consultant or employee of any coal operator, or an employee or officer of an employee organization or a spouse of any such person. The Health and Safety Administrator shall have the expertise to draft proposed rules and shall prepare such rules as are required by this code and on such other areas as will improve coal mine health and safety.
(d) The board shall meet at least once during each calendar month, or more often as may be necessary, and at other times upon the call of the chair, or upon the request of any three members of the board. Under the direction of the board, the Health and Safety Administrator shall prepare an agenda for each board meeting giving priority to the promulgation of rules as may be required from time to time by this code, and as may be required to improve coal mine health and safety. The Health and Safety Administrator shall provide each member of the board with notice of the meeting and the agenda as far in advance of the meeting as practical, but in any event, at least five days prior thereto. No meeting of the board shall be conducted unless said notice and agenda are given to the board members at least five days in advance, as provided herein, except in cases of emergency, as declared by the chair director, in which event members shall be notified of the board meeting and the agenda: in a manner to be determined by the chair: Provided, That upon agreement of a majority of the quorum present, any scheduled meeting may be ordered recessed to another day certain without further notice of additional agenda.
When proposed rules are to be finally adopted by the board, copies of such proposed rules shall be delivered to members not less than five days before the meeting at which such action is to be taken. If not so delivered, any final adoption or rejection of rules shall be considered on the second day of a meeting of the board held on two consecutive days, except that by the concurrence of at least four members of the board, the board may suspend this rule of procedure and proceed immediately to the consideration of final adoption or rejection of rules. When a member fails to appear at three consecutive meetings of the board or at one half of the meetings held during a one- year period, the Health and Safety Administrator shall notify the member and the Governor of such fact. Such member shall be removed by the Governor unless good cause for absences is shown.
(e) Whenever a vacancy on the board occurs, nominations and appointments shall be made in the manner prescribed in this section: Provided, That in the case of an appointment to fill a vacancy, nominations of three persons for each such vacancy shall be requested by and submitted to the Governor within thirty days after the vacancy occurs by the major trade association or major employee organization, if any, which nominated the person whose seat on the board is vacant. The vacancy shall be filled by the Governor within thirty days of his or her receipt of the list of nominations.
(f) A quorum of the board is five four members which shall include the director of the office of miners' health, safety and training, or his or her designee, at least two members representing the viewpoint of operators and at least two members representing the viewpoint of the working miners, and the board may act officially by a majority of those members who are present, except that no vote of the board may be taken unless all seven six voting members are present.
§22A-6-4. Board powers and duties.

(a) The board shall adopt as standard rules the 'coal mine health and safety provisions of this chapter'. Such standard rules and any other rules shall be adopted by the board without regard to the provisions of chapter twenty-nine-a of this code. The Board of Coal Mine Health and Safety shall devote its time toward promulgating rules in those areas specifically directed by this chapter and those necessary to prevent fatal accidents and injuries.
(b) The board shall review such standard rules and, when deemed appropriate to improve or enhance coal mine health and safety, revise the same or develop and promulgate new rules dealing with coal mine health and safety.
(c) The board shall develop, promulgate and revise, as may be appropriate, rules as are necessary and proper to effectuate the purposes of article two of this chapter and to prevent the circumvention and evasion thereof, all without regard to the provisions of chapter twenty-nine-a of this code:
(1) Upon consideration of the latest available scientific data in the field, the technical feasibility of standards, and experience gained under this and other safety statutes, such rules may expand protections afforded by this chapter notwithstanding specific language therein, and such rules may deal with subject areas not covered by this chapter to the end of affording the maximum possible protection to the health and safety of miners.
(2) No rules promulgated by the board shall reduce or compromise the level of safety or protection afforded miners below the level of safety or protection afforded by this chapter.
(3) Any miner or representative of any miner, or any coal operator has the power to petition the circuit court of Kanawha County for a determination as to whether any rule promulgated or revised reduces the protection afforded miners below that provided by this chapter, or is otherwise contrary to law: Provided, That any rule properly promulgated by the board pursuant to the terms and conditions of this chapter creates a rebuttable presumption that said rule does not reduce the protection afforded miners below that provided by this chapter.
(4) The director shall cause proposed rules and a notice thereof to be posted as provided in section eighteen, article one of this chapter. The director shall deliver a copy of such proposed rules and accompanying notice to each operator affected. A copy of such proposed rules shall be provided to any individual by the director's request. The notice of proposed rules shall contain a summary in plain language explaining the effect of the proposed rules.
(5) The board shall afford interested persons a period of not less than thirty days after releasing proposed rules to submit written data or comments. The board may, upon the expiration of such period and after consideration of all relevant matters presented, promulgate such rules with such modifications as it may deem appropriate.
(6) On or before the last day of any period fixed for the submission of written data or comments under subdivision (5) of this section, any interested person may file with the board written objections to a proposed rule, stating the grounds therefor and requesting a public hearing on such objections. As soon as practicable after the period for filing such objections has expired, the board shall release a notice specifying the proposed rules to which objections have been filed and a hearing requested.
(7) Promptly after any such notice is released by the board under subdivision (6) of this section, the board shall issue notice of, and hold a public hearing for the purpose of receiving relevant evidence. Within sixty days after completion of the hearings, the board shall make findings of fact which shall be public, and may promulgate such rules with such modifications as it deems appropriate. In the event the board determines that a proposed rule should not be promulgated or should be modified, it shall within a reasonable time publish the reasons for its determination.
(8) All rules promulgated by the board shall be published in the state register and continue in effect until modified or superseded in accordance with the provisions of this chapter.
(d) To carry out its duties and responsibilities, the board is authorized to employ such personnel, including legal counsel, experts and consultants, as it deems necessary. In addition, the board, within the appropriations provided for by the Legislature, may conduct or contract for research and studies and is entitled to the use of the services, facilities and personnel of any agency, institution, school, college or university of this state.
(e) The director shall within sixty days of a coal mining fatality or fatalities provide the board with all available reports regarding such fatality or fatalities.
The board shall review all such reports and any recommended rules submitted by the director, receive any additional information, and may, on its own initiative, ascertain the cause or causes of such coal mining fatality or fatalities. Within one hundred twenty ninety days of the receipt of the Federal Mine Safety and Health Administration's fatal accident report and the director's report and recommended rules, the board shall review and consider the presentation of said report and rules and, such review of each such fatality the board shall promulgate such of said report or rules as are necessary to prevent the recurrence of such fatality, if a majority of the quorum present of all voting board members determines that no additional rules can assist in the prevention of the specific type of fatality, the board shall either accept and promulgate the director's recommended rules, amend the director's recommended rules or draft new rules, as are necessary to prevent the recurrence of such fatality. If the board chooses to amend the director's recommended rules or draft its own rules, a vote is required within one hundred twenty days as to whether to promulgate the amended rule or the rule drafted by the board: Provided, That the board may, by majority vote, find that exceptional circumstances exist and the deadline cannot be met: Provided, however, That under no circumstances shall such deadline be extended by more than a total of ninety days. A majority vote of the board is required to promulgate any such rule.
Likewise, The board shall annually, not later than July 1, review the major causes of coal mining injuries during the previous calendar year, reviewing the causes in detail, and shall promulgate such rules as may be necessary to prevent the recurrence of such injuries.
Further, the board shall, on or before January 10, of each year, submit a report to the Governor, President of the Senate and Speaker of the House, which report shall include, but is not limited to:
(1) The number of fatalities during the previous calendar year, the apparent reason for each fatality as determined by the office of miners' health, safety and training and the action, if any, taken by the board to prevent such fatality;
(2) Any rules promulgated by the board during the last year;
(3) What rules the board intends to promulgate during the current calendar year;
(4) Any problem the board is having in its effort to promulgate rules to enhance health and safety in the mining industry;
(5) Recommendations, if any, for the enactment, repeal or amendment of any statute which would cause the enhancement of health and safety in the mining industry;
(6) Any other information the board deems appropriate;
(7) In addition to the report by the board, as herein contained, each individual member of said board has right to submit a separate report, setting forth any views contrary to the report of the board, and the separate report, if any, shall be appended to the report of the board and be considered a part thereof.
§22A-6-6. Health and Safety Administrator; qualifications; duties; employees; compensation.

(a) The Governor shall appoint the Health and Safety Administrator of the board for a term of employment of one year. The Health and Safety Administrator shall be entitled to have his or her contract of employment renewed on an annual basis except where such renewal is denied for cause: Provided, That the Governor has the power at any time to remove the Health and Safety Administrator for misfeasance, malfeasance or nonfeasance: Provided, however, That the board has the power to remove the Health and Safety Administrator without cause upon the concurrence of five members of the board.
(b) The Health and Safety Administrator shall work at the direction of the board, independently of the director of the office of miners' health, safety and training and has such authority and shall perform such duties as may be required or necessary to effectuate this article.
(c) In addition to the Health and Safety Administrator, there shall be such other research employees hired by the Health and Safety Administrator as the board determines to be necessary. The health and safety administrator shall provide supervision and direction to the other research employees of the board in the performance of their duties.
(d) The employees of the board shall be compensated at rates determined by the board. The salary of the Health and Safety Administrator shall be fixed by the Governor: Provided, That the salary of the Health and Safety Administrator shall not be reduced during his or her annual term of employment or upon the renewal of his or her contract for an additional term. Such salary shall be fixed for any renewed term at least ninety days before the commencement thereof.
(e) (1) Appropriations for the salaries of the Health and Safety Administrator and any other employees of the board and for necessary office and operating expenses shall be made to a budget account hereby established for those purposes in the General Revenue Fund. Such account shall be separate from any accounts or appropriations for the Office of Miners' Health, Safety and Training.
(2) Expenditures from the funds established in section three hundred ten, article two-A; section seven, article six; section four, article seven; section three, article eleven of this chapter shall be by the Health and Safety Administrator for administrative and operating expenses, such operating expenses include mine health and safety, research, education and training programs as determined by the entities.
(f) The Health and Safety Administrator shall review all coal mining fatalities and major causes of injuries as mandated by section four of this article. An analysis of such fatalities and major causes of injuries shall be prepared for consideration by the board within ninety days of the occurrence of the accident.
(g) At the direction of the board, the administrator shall also conduct an annual study of occupational health issues relating to employment in and around coal mines of this state and submit a report to the board with findings and proposals to address the issues raised in such study. The administrator is responsible for preparing the annual reports required by subsection (e), section four of this article and section nine of this article.
(h) The administrator shall provide administrative assistance to the West Virginia Diesel Commission, The State Coal Mine Safety and Technical Review Committee, Board of Coal Mine Health and Safety, Board of Miner Training, Education and Certification, and the Mine Safety Technology Task Force, and serve as the legislative liaison for budgetary issues. The Administrator shall serve as an ex officio, nonvoting member on the West Virginia Diesel Commission, The State Coal Mine Safety and Technical Review Committee, Board of Miner Training, Education and Certification, and the Mine Safety Technology Task Force.
(i) The administrator shall submit to each board or commission for its approval, the proposed budget of the board or commission before submitting it to the Secretary of Revenue.
§22A-6-7. Coal Mine Safety and Technical Review Committee; membership; method of nomination and appointment; meetings; quorum; powers and duties of the committee; powers and duties of the Board of Coal Mine Health and Safety.

(a) There is hereby continued The State Coal Mine Safety and Technical Review Committee is continued, and commencing July 1, 2010, is a separate independent committee within the Department of Commerce. The purposes of this committee are to:
(1) Assist the Board of Coal Mine Health and Safety in the development of technical data relating to mine safety issues, including related mining technology;
(2) Provide suggestions and technical data to the board and propose rules with general mining industry application;
(3) Accept and consider petitions submitted by individual mine operators or miners seeking site-specific rule making pertaining to individual mines and make recommendations to the board concerning such rule making; and
(4) Provide a forum for the resolution of technical issues encountered by the board, safety education and coal advocacy programs.
(b) The committee shall consist of two members who shall be residents of this state, and who shall be appointed as hereinafter specified in this section:
(1) The Governor shall appoint one member to represent the viewpoint of the coal operators in this state from a list containing one or more nominees submitted by the major trade association representing coal operators in this state within thirty days of submission of such nominee or nominees.
(2) The Governor shall appoint one member to represent the viewpoint of the working miners of this state from a list containing one or more nominees submitted by the highest ranking official within the major employee organization representing coal mines within this state within thirty days of submission of the nominee or the nominees.
(3) The members appointed in accordance with the provisions of subdivisions (1) and (2) of this subsection shall be initially appointed to serve a term of three years. The members serving on the effective date of this article may continue to serve until their terms expire.
(4) The members appointed in accordance with the provisions of subdivisions (1) and (2) of this subsection may be, but are not required to be, members of the Board of Coal Mine Health and Safety, and shall be compensated on a per diem basis in the same amount as provided in section ten of this article, plus all reasonable expenses.
(c)The committee shall meet at least once during each calendar month, or more often as may be necessary.
(d) A quorum of the committee shall require both members, and the committee may only act officially by a quorum.
(e) The committee may review any matter relative to mine safety and mining technology, and may pursue development and resolution of issues related thereto. The committee may make recommendations to the board for the promulgation of rules with general mining industry application. Upon receipt of a unanimous recommendation for rule making from the committee and only thereon, the board may adopt or reject such rule, without modification except as approved by the committee: Provided, That any adopted rule shall not reduce or compromise the level of safety or protection below the level of safety or protection afforded by applicable statutes and rules. When so promulgated, such rules shall be effective, notwithstanding the provisions of applicable statutes.
(f) (1) Upon application of a coal mine operator, or on its own motion, the committee has the authority to accept requests for site-specific rule making on a mine-by-mine basis, and make unanimous recommendations to the board for site-specific rules thereon. The committee has authority to approve a request if it concludes that the request does not reduce or compromise the level of safety or protection afforded miners below the level of safety or protection afforded by any applicable statutes or rules. Upon receipt of a request for site-specific rule making, the committee may conduct an investigation of the conditions in the specific mine in question, which investigation shall include consultation with the mine operator and authorized representatives of the miners. Such authorized representatives of the miners shall include any person designated by the employees at the mine, persons employed by an employee organization representing one or more miners at the mine, or a person designated as a representative by one or more persons at the mine.
(2) If the committee determines to recommend a request made pursuant to subdivision (1) of this subsection, the committee shall provide the results of its investigation to the Board of Coal Mine Health and Safety along with recommendations for the development of the site-specific rules applicable to the individual mine, which recommendations may include a written proposal containing draft rules.
(3) Within thirty days of receipt of the committee's recommendation, the board shall adopt or reject, without modification, except as approved by the committee, the committee's recommendation to promulgate site-specific rules applicable to an individual mine adopting such site-specific rules only if it determines that the application of the requested rule to such mine will not reduce or compromise the level of safety or protection afforded miners below that level of safety or protection afforded by any applicable statutes. When so promulgated, such rules shall be effective notwithstanding the provisions of applicable statutes.
(g) The board shall consider all rules proposed by the Coal Mine Safety and Technical Review Committee and adopt or reject, without modification, except as approved by the committee, such rules, dispensing with the preliminary procedures set forth in subdivisions (1) through (7), subsection (a), section five; and, in addition, with respect to site-specific rules also dispensing with the procedures set forth in subdivisions (4) through (8), subsection (c), section four of this article.
(h) In performing its functions, the committee has access to the services of the coal mine Health and Safety Administrator appointed under section six of this article. The director shall make clerical support and assistance available in order that the committee can carry out its duties. Upon the request of both members of the committee, the Health and Safety Administrator shall draft proposed rules and reports or make investigations.
(i) The powers and duties provided for in this section for the committee are not intended to replace or precondition the authority of the Board of Coal Mine Health and Safety to act in accordance with sections one through six and eight through ten of this article.
(j) Appropriations for the funding of the committee and to effectuate this section shall be made to a budget account hereby established for that purpose in the General Revenue Fund. Such account shall be separate from any accounts or appropriations for the office of miners' health, safety and training.
ARTICLE 7. BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION.

§22A-7-4. Board of Miner Training, Education and Certification continued; membership; method of appointment; terms.

(a) There is hereby continued a The Board of Miner Training, Education and Certification which is continued, and commencing July 1, 2010, is a separate independent board within the Department of Commerce. The board consists of seven six voting members and two ex officio, nonvoting members, who are selected in the following manner:
(1) One member shall be appointed by the Governor to represent the viewpoint of surface mine operators in this state. When such member is to be appointed, the Governor shall request from the major association representing surface coal operators in this state a list of three nominees to the board. The Governor shall select from said nominees one person to serve on the board. For purposes of this subsection, the major association representing the surface coal operators in this state is that association, if any, which represents surface mine operators accounting for over one half of the coal produced in surface mines in this state in the year prior to that year in which the appointment is made.
(2) Two members shall be appointed by the Governor to represent the interests of the underground operators of this state. When said members are to be appointed, the Governor shall request from the major association representing the underground coal operators in this state a list of six nominees to the board. The Governor shall select from said nominees two persons to serve on the board. For purposes of this subsection, the major association representing the underground operators in this state is that association, if any, which represents underground operators accounting for over one half of the coal produced in underground mines in this state in the year prior to that year in which the appointments are made.
(3) Three members shall be appointed by the Governor who can reasonably be expected to represent the interests of the working miners in this state. If the major employee organization representing coal miners in this state is divided into administrative districts, the employee organization of each district shall, upon request by the Governor, submit a list of three nominees for membership on the board. If such major employee organization is not so divided into administrative districts, such employee organization shall, upon request by the Governor, submit a list of twelve nominees for membership on the board. The Governor shall make such appointments from the persons so nominated: Provided, That in the event nominations are made by administrative districts, not more than one member shall be appointed from the nominees of any one district unless there are less than three such districts in this state.
(4) The seventh member of the board, who serves as chair, shall be the director of the office of miners' health, safety and training The Director of the Office of Miner's Health, Safety and Training or his or her designee, and the Health and Safety Administrator of the Board of Coal Mine Health and Safety shall serve as ex officio, nonvoting members.
(5) All appointments made by the Governor under this section shall be with the advice and consent of the Senate: Provided, That persons so appointed while the Senate of this state is not in session are permitted to serve up to one year in an acting capacity, or until the next session of the Legislature, whichever is less.
(b) The board shall be appointed by the Governor. Members serving on the effective date of this article may continue on the board until their terms expire. Appointed members serve for a term of three years. The board shall meet at the call of the chair, at the call of the director, or upon the request of any two members of the board: Provided, That no meeting of the board for any purpose shall be conducted unless the board members are notified at least five days in advance of a proposed meeting. In cases of an emergency, members may be notified of a board meeting by the most appropriate means of communication available.
(c) Whenever a vacancy on the board occurs, appointments shall be made in the manner prescribed in this section: Provided, That in the case of an appointment to fill a vacancy nominations shall be submitted to the Governor within thirty days after the vacancy occurs. The vacancy shall be filled by the Governor within thirty days of receipt of the list of nominations.
(d) Each appointed member of the board shall be paid the same compensation, and each member of the board shall be paid the expense reimbursement, as is paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law for each day or portion thereof engaged in the discharge of official duties. Any such amounts shall be paid out of the State Treasury upon a requisition upon the State Auditor, properly certified by such members of the board.
(e) A quorum of the board is four members, with two representing the viewpoint of the operators and two representing the viewpoint of the labor organization. The board may act officially by a majority of those members who are present. No vote of the board may be taken unless all six voting members are present.
(f) The chair of the board shall be a nonvoting member. In performing its functions, the board shall have access to the services of the Board of Coal Mine Health and Safety. The Board of Coal Mine Health and Safety shall provide administrative support and assistance, pursuant to section six, article six of this chapter, to enable the board to carry out its duties. Provided, That in cases of a tie, the chair shall cast the deciding vote on the issue or issues under consideration
(g) The director of the office of miners' health, safety and training shall select a member of the office's staff to serve as the secretary to the board and the secretary shall be present or send an authorized representative to all meetings of the board.
Appropriations to the board to effectuate the purposes of this article shall be made to a budget account established for that purpose.
§22A-7-6. Duties of the director and office.

The director shall be empowered to promulgate propose rules for legislative approval, pursuant to chapter twenty-nine-a of this code, such reasonable rules as that are necessary to establish a program to implement the provisions of this article. Such program shall include, but not be limited to, implementation of a program of instruction in each of the miner occupational specialties and the conduct of examinations to test each applicant's knowledge and understanding of the training and instruction which he or she is required to have prior to the receipt of a certificate.
The director is authorized and directed to utilize state mine inspectors, mine safety instructors, the state mine foreman examiner, private and public institutions of education and such other persons as may be available in implementing the program of instruction and examinations.
The director may, at any time, make such recommendations or supply such information to the board as he or she may deem appropriate.
The director shall supply any information upon request of the board as long as the information is not in violation of any other laws.
The director is authorized and directed to utilize such state and federal moneys and personnel as may be available to the office for educational and training purposes in the implementation of the provisions of this article.
ARTICLE 11. MINE SAFETY TECHNOLOGY.
§22A-11-2. Mine Safety Technology Task Force continued; membership; method of nomination and appointment.

(a) The Mine Safety Technology Task Force created and existing under the authority of the director pursuant to the provisions of section six, article one of this chapter is continued, as provided by this article and commencing July 1, 2010, is a separate independent task force within the Department of Commerce.
(b) The task force shall consist of nine seven voting members and two ex officio, nonvoting members who are appointed as specified in this section:
(1) The Governor shall appoint, by and with the advice and consent of the Senate, three members to represent the viewpoint of operators in this state. When these members are to be appointed, the Governor shall request from the major trade association representing operators in this state a list of three nominees for each position on the task force. All nominees shall be persons with special experience and competence in coal mine health and safety. There shall be submitted with the list, a summary of the qualifications of each nominee. For purposes of this subdivision, the major trade association representing operators in this state is that association which represents operators accounting for over one half of the coal produced in mines in this state in the year prior to the year in which the appointment is to be made.
(2) The Governor shall appoint, by and with the advice and consent of the Senate, three members who can reasonably be expected to represent the viewpoint of the working miners of this state. When members are to be appointed, the Governor shall request from the major employee organization representing coal miners within this state a list of three nominees for each position on the task force. The highest ranking official within the major employee organization representing coal miners within this state shall submit a list of three nominees for each position on the board. The nominees shall have a background in coal mine health and safety.
(3) The Governor shall appoint, by and with the advice and consent of the Senate, one certified mine safety professional from the College of Engineering and Mineral Resources at West Virginia University;
(4) The Governor shall appoint, by and with the advice and consent of the Senate, one attorney with experience in issues relating to coal mine health and safety; and The Health and Safety Administrator, pursuant to section six, article six of this chapter, shall serve as a member of the task force as an ex officio, nonvoting member; and
(5) The ninth member of the task force is the director, or his or her designee, who shall serve as chair of the task force. The director shall furnish to the task force any secretarial, clerical, technical, research and other services that are necessary to the conduct of the business of the task force. The Director of the Office of Miner's Health, Safety and Training or his or her designee, shall serve as a ex officio, nonvoting member.
(c) Each appointed member of the task force shall serve at the will and pleasure of the Governor.
(d) Whenever a vacancy on the task force occurs, nominations and appointments shall be made in the manner prescribed in this section: Provided, That in the case of an appointment to fill a vacancy, nominations of three persons for each vacancy shall be requested by and submitted to the Governor within thirty days after the vacancy occurs by the major trade association or major employee organization, if any, which nominated the person whose seat on the task force is vacant.
(e) Each member of the task force shall be paid the expense reimbursement, as is paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law for each day or portion thereof engaged in the discharge of official duties. In the event the expenses are paid by a third party, the member shall not be reimbursed by the state. The reimbursement shall be paid out of the State Treasury upon a requisition upon the State Auditor, properly certified by the Office of Miners' Health, Safety and Training. An employer shall not prohibit a member of the task force from exercising leave of absence from his or her place of employment in order to attend a meeting of the task force or a meeting of a subcommittee of the task force, or to prepare for a meeting of the task force, any contract of employment to the contrary notwithstanding.
§22A-11-3. Task force powers and duties.
(a) The task force shall provide technical and other assistance to the office related to the implementation of the new technological requirements set forth in the provisions of section fifty-five, article two, of this chapter, as amended and reenacted during the regular session of the Legislature in the year 2006, and requirements for other mine safety technologies.
(b) The task force, working in conjunction with the director, shall continue to study issues regarding the commercial availability, the functional and operational capability and the implementation, compliance and enforcement of the following protective equipment:
(1) Self-contained self-rescue devices, as provided in subsection (f), section fifty-five, article two of this chapter;
(2) Wireless emergency communication devices, as provided in subsection (g), section fifty- five, article two of this chapter;
(3) Wireless emergency tracking devices, as provided in subsection (h), section fifty-five, article two of this chapter; and
(4) Any other protective equipment required by this chapter or rules promulgated in accordance with the law that the director determines would benefit from the expertise of the task force.
(c) The task force shall on a continuous basis study, monitor and evaluate:
(1) The potential for enhancing coal mine health and safety through the application of existing technologies and techniques;
(2) Opportunities for improving the integration of technologies and procedures to increase the performance and survivability of coal mine health and safety systems;
(3) Emerging technological advances in coal mine health and saf