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House Journal


Day 01 (01-08-2014)
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Day 27 (02-03-2014)
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Day 48 (02-24-2014)
Day 49 (02-25-2014)
Day 50 (02-26-2014)
Day 51 (02-27-2014)
Day 52 (02-28-2014)
Day 56 (03-04-2014)
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Day 60 (03-08-2014)
Day 61 (03-09-2014)
Day 62 (03-10-2014)
hdj2014-03-08-60


__________*__________

                                   


Saturday, March 8, 2014

SIXTIETH DAY

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

                              

     The House of Delegates met at 10:00 a.m., and was called to order by the Honorable Timothy R. Miley, Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Friday, March 7, 2014, being the first order of business, when the further reading thereof was dispensed with and the same approved.
     At the request of Delegate White, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests for presentations by the House.
     At the request of Delegate White, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced

     Delegates Manchin, Iaquinta, Fragale, Mr. Speaker, Mr. Miley, Hamrick, Caputo and Longstreth offered the following resolution, which was read by the Clerk as follows:
     H. C. R. 140 - "Requesting that the Division of Highways name bridge number 17-24/1-5.79 (17A321), which crosses Simpson Creek, at 0.01 miles west of County Route 24, between the Meadowbrook Mall and the Pete Dye Golf Course, at Bridgeport, Harrison County, West Virginia, the 'James D. LaRosa Memorial Bridge'."
     Whereas, James D. LaRosa was born December 22, 1926, to James and Emilia (Cava) LaRosa. Jim, one of three children, was preceded in death by his sister, Mary Catherine Rhoda and his brother, Virgil Benito LaRosa; and
     Whereas, James D. LaRosa married Catherine Louise Endres from Shinnston, West Virginia, who preceded him in death. He is survived by one son, James Joseph LaRosa and his wife, Leigh Ann of Bridgeport, West Virginia and three grandchildren, Lauren Louise of Bridgeport, West Virginia, Natalie Nicole of Pittsburgh, Pennsylvania and James Lee, of Bridgeport, West Virginia. Jim was also preceded in death by his second wife, Lois May LaRosa; and
     Whereas, James D. LaRosa graduated from Washington Irving High School in Clarksburg, West Virginia, in 1944. Jim graduated from West Virginia University in 1948 with a Degree in Business Administration. In 1949 he went to work with his father, who had started a small surface mining company, LaRosa Fuel Company, and spent his early entrepreneurial years in Upshur, Randolph, Barbour and Harrison Counties. Jim assumed the position of President of LaRosa Fuel Company at the age of thirty-five; and
     Whereas, During his years in the coal mining business he became committed to values taught to him by his mother and father and became vested in enhancing and improving quality of life for his family and his hometown. In the 1970s, vision and perseverance led him to be involved in various entrepreneurial and philanthropic endeavors; and
     Whereas, After successfully developing multiple coal properties throughout the area, he began a relationship with the West Virginia University Hospital by establishing the James and Emilia Surgical and Research Endowment Fund. He also built and donated the first Medivac Heliport Facility at the Medical Center; and
     Whereas, While maintaining his focus on his hometown, he opened a new office complex in Nutter Fort, West Virginia, which now houses the Harrison County 911 Center. At the same time he began development of the entire U. S. Rt. 50 - I-79 interchange known as Bridgeport Hill. Moving over 4.5 million yards of material enabled him to develop the Eastpointe Shopping Center complex, enabling an entire city to maintain its job and tax base that was so crucially critical to its vitality. At the same time the North East Quadrant of the interchange was developed, which currently supports multiple businesses including a hotel, office complex, multiple restaurant operations and other retail businesses. Located in the North West Quadrant of the interchange, Jim created acreage that now houses the Harrison County Business Park and the Summit Park Recreational Complex, which he donated after construction was complete; and
     Whereas, During this period, James D. Larosa also served on board of directors of various organizations such as the Clarksburg Chamber of Commerce, Lowndes Bank and The West Virginia Coal and Advisory Commission, and he served on the original board of the West Virginia Surface Mining and Reclamation Association, as well as the Directors 100 Club for WVU Athletics; and
     Whereas, Jim has received numerous honors in his career, such as having been named a "Distinguished West Virginian" by two Governors, and having received the degree of Honorary Doctorate of Humane Letters from Salem College in 1984. In 1985, Senator Robert C. Byrd recommended him to President Reagan, to be a member of the Christopher Columbus 500th Jubilee Commission (consisting of thirty-five Americans of Italian descent and the U.S. Secretary of the Interior) in celebration of the 500th year of the discovery of America; and
     Whereas, During this period of Jims career, he became focused on his passions, which was his heritage, food, the arts and animals. He chaired the original Board of Directors of the West Virginia Italian Heritage Festival and served on the board through its infancy and early developmental years. His interest in food resulted in owning over 500 cookbooks, as well as opening Nona Marias Restaurant at Eastpointe. Always striving to improve the quality of food in the area, those who knew him knew he always offered culinary advice to anyone that would listen. He pursued his interest in the arts by purchasing the Robinson Grand Theatre in downtown Clarksburg. After extensive research into the theatre, he began and completed renovations to the facility, which resulted in the reopening of the theatre under a new name, The Rose Garden Theatre. He was determined that the arts should be developed and maintained in his hometown, and was confident that the theatre could serve as the cornerstone of the redevelopment of downtown Clarksburg. His vision thirty years ago remains viable. His only request was that the theatre be renamed "The James LaRosa Theatre for the Performing Arts", in honor of his Father; and
     Whereas, His passion for animals was legendary. From his support of The Harrison County Humane Society to his unbridled compassion for stray animals, James D. LaRosa never encountered an animal in need that he didnt adopt. Whether it was taking his dogs and cats for a ride in his station wagon, or stopping his entire workforce to look for a lost animal, his dedication to his pets was unparalleled; and
     Whereas, In the 1980s, his vision for the area continued to grow when he began development of what is now known as the Pete Dye Golf Club. His confidence in the property, Pete Dye, and in the community has led to the exposure of his hometown to tens of thousands of people from throughout the world. The course has been and continues to be recognized as one of the Top 50 Golf Courses in the country and one of the Top 100 Courses in the World. West Virginia, the coal industry and his hometown were exposed to the world when the Club hosted a PGA Nationwide Tour Event, which was televised throughout the world. The event became the most viewed television event in the history of the Nationwide Tour Series and positively exposed his state to the millions of viewers who watched; and
     Whereas, Jim was a giver by nature, and as he provided assistance for others, he never expected much in return. He was truly committed to providing opportunities for people to enhance their quality of life and to being the steward for enriching the community that provided him and his family with the many opportunities that it did. He will always be remembered as a true West Virginian who used all of his resources and energy to improve his state and community; and
     Whereas, It is fitting that an enduring memorial be established in the name of James D. LaRosa in an area where he focused much of his attention on developing an award-winning facility for his community; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 17-24/1-5.79 (17A321), which crosses Simpson Creek, at 0.01 miles west of County Route 24, from the Meadowbrook Mall to the Pete Dye Golf Course, at Bridgeport, Harrison County, West Virginia, the "James D. LaRosa Memorial Bridge"; and, be it
     Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the "James D. LaRosa Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways.
     At the respective requests of Delegate White, and by unanimous consent, reference of the resolution (H. C. R. 40) to a committee was dispensed with, and it was taken up for immediate consideration.
     The question now being on the adoption of the resolution, Delegate Swartzmiller demanded the yeas and nays, which demand was sustained.
     The yeas and nays having been ordered, they were taken (Roll No. 349), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:
     Absent and Not Voting: Andes, Caputo, Fragale, Hamrick, Iaquinta, Longstreth, J. Nelson, Paxton and Raines.
    So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 140) adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Delegates Miller, Sobonya, Williams, Fleischauer, Shott, Manypenny, Ambler, Sumner, Storch, Ferns and Manchin offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 141 - "Requesting the Joint Committee on Government and Finance to undertake a study of genetically modified foods, laws in other states concerning regulating genetically modified organisms, the appropriate labeling of genetically modified foods to enable consumers to make informed choices in the marketplace, and the threat to native plants and organic food growers posed by the spread of genetically modified plants."
     Whereas, There is increasing scientific evidence that indicates possible harmful effects suffered by humans and other animals that consume genetically modified foods; and
     Whereas, There is growing interest among consumers in obtaining organically grown, pesticide-free foods that have not been genetically modified; and
     Whereas, It is conservatively estimated that more than half the food on supermarket shelves contain ingredients derived from genetically modified corn, soy, canola or cottonseed, but not so labeled; and
     Whereas, The full impact on public health of widespread use of systemic pesticides, which are chemicals absorbed by a plant when applied to seeds, leaves or soil, and which cannot be washed off the fruit or vegetable into which they are absorbed, is not currently known; and
     Whereas, Without required stringent labeling protocols, it is virtually impossible for a consumer to be able to tell which foods available in the market are genetically modified or contain systemic pesticides; and
     Whereas, Many other states have studied and passed or attempted to pass labeling laws to identify foods that are not genetically modified; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is requested to study genetically modified foods, the status of laws in other states related to identifying foods genetically modified or containing systemic pesticides, and the appropriate labeling of foods to enable consumers to make informed choices at the marketplace; and, be it
     Further Resolved, That the Joint Committee include in its study, scientific data concerning the threat to native plants and organic food growers posed by the spread of genetically modified plants; and, be it
     Further Resolved, That the Joint Committee on Government and Finance shall report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Delegates D. Poling, Morgan, Guthrie, Caputo, Walker White and Marcum offered the following resolution, which was read by the Clerk as follows:
     H. C. R. 142 - "Requesting the Joint Committee on Government and Finance to authorize a study of the state personal income tax."
     Whereas, The personal income tax was created to be progressive, with tax rates increasing as taxable income increases; and
     Whereas, The personal income brackets and rates have endured for twenty-six years without revision; and
     Whereas, Inflation has changed the way that West Virginians share the burden of financing state programs and services; and
     Whereas, A taxable income of $1,000 in 1987 is equal to $2,059 in 2014 when accounting for inflation, but dollar increments defining the tax brackets remain unchanged; and
     Whereas, The income demographics have changed considerably within this same time period; and
     Whereas, It is primarily the responsibility of the Legislature and no other person or agency, to keep its tax systems up-to-date; therefore, be it
     Resolved by the Legislature of West Virginia:

     That the Joint Committee on Government and Finance is hereby requested to study the state personal income tax; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study and to prepare and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     At the respective requests of Delegate White, and by unanimous consent, reference of the resolution (H. C. R. 142) to a committee was dispensed with, and it was taken up for immediate consideration.
     The question now being on the adoption of the resolution, Delegate Caputo demanded the yeas and nays, which demand was sustained.
     The question now being on the adoption of the resolution, Delegate Swartzmiller demanded the yeas and nays, which demand was sustained.
     The yeas and nays having been ordered, they were taken (Roll No. 350), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
     Absent and Not Voting: Longstreth, J. Nelson, Paxton, Raines and Skaff.
    So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 142) adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Delegates Fleischauer, Barill, Hamilton, Hunt, Jones, Marshall and Moore offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 143 - "Requesting the Joint Committee on the Judiciary to study the feasibility and potential effectiveness of juvenile justice reform as a mechanism to better direct expenditures in juvenile justice to prevent youth recidivism and not merely punish the youth in our state."
     Whereas, The United States incarcerates more youth than any other country in the world; and
     Whereas, Rising youth incarceration budgets and skyrocketing recidivism rates in West Virginia are of significant concern; and
     Whereas, The percent change in commitment rates for youth between 1997-2011 fell an average of 49% in the United States; and
     Whereas, While most states observed falling commitment rates, West Virginia experienced a 93% increase in commitment rates, more than any other state in the country and one of only four states to see an increase; and
     Whereas, Most of the youth incarcerated in West Virginia have been convicted of low-level, nonviolent offenses; and
     Whereas, Many states have turned to community-based intervention programs as a cheaper and more effective alternative to incarceration; and
     Whereas, It is estimated that close to $75,000 per year, per youth can be saved when a youth is enrolled in community-based alternatives versus incarceration; and
     Whereas, Community-based intervention programs address underlying issues that lead to young peoples involvement in the juvenile justice system and provide youth with the skills and support they need to become law-abiding adults, making West Virginia communities safer, stronger and healthier; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on the Judiciary is hereby requested to study the feasibility and potential effectiveness of juvenile justice reform as a mechanism to better direct expenditures in juvenile justice to prevent youth recidivism and not merely punish the youth in our state; and, be it
     Further Resolved, That the Joint Committee on the Judiciary report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Delegates Manypenny, Walker, Wells, Ambler, Cooper, Canterbury, Hamilton, A. Evans, Frich, Pasdon, Barrett, Fleischauer, Moye, L. Phillips, Campbell, Fragale, Staggers, Hartman, Ellem, Guthrie and P. Smith offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. R. 14 - "Requesting that the West Virginia National Guard locate and secure fill for construction from some other source than Blair Mountain, the birthplace of the labor movement in West Virginia, the United States and the world."
     Whereas, The Battle of Blair Mountain was fought from August 25 to September 2, 1921, on the Blair Mountain Battlefield; and
     Whereas, For days, some ten thousand miners marched, struck, fought and made peace to secure living wages and safe working conditions to support their families; and
     Whereas, In so doing, these miners left this world a better place than it was when they entered it; and
     Whereas, The miners who fought and died at the Battle of Blair Mountain made it a sacred ground; and
     Whereas, Due to the declaration of martial law and suppression of the news, the participants in the Battle of Blair Mountain left little record of the details of their struggle, except their bones, bullets and buttons; and
     Whereas, To hide any advantage the opposition might have won, the miners buried their dead hurriedly in shallow graves; and
     Whereas, For fear of prosecution, conviction and execution as traitors, the miners who survived fled the state and changed their identities and maintained a code of silence; and
     Whereas, On information and belief, the bones, bullets and buttons on Blair Mountain Battlefield are being disturbed, destroyed or buried, desecrating the graves of those buried there and eliminating the historical evidence of the Battle of Blair Mountain; and
     Whereas, On information and belief, fill from Blair Mountain is being removed for use as construction material to build nearby landing facilities for the West Virginia National Guard base in Charleston; and
     Whereas, There are many other possible sources of fill than Blair Mountain in the vicinity; therefore, be it
     Resolved by the House of Delegates:
     That the West Virginia National Guard is hereby requested to locate and secure fill for construction from some other source than Blair Mountain, the birthplace of the labor movement in West Virginia, the United States and the world; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Adjunct General of the West Virginia National Guard.
     Delegates Morgan, Craig, Miller, Reynolds, Sobonya and Stephens offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. R. 15 - "Recognizing the importance of keeping strong vocational agricultural programs in West Virginia schools."
     Whereas, The West Virginia Commissioner of Agriculture has established a goal to increase agricultural production statewide; and
     Whereas, Because the average age of farmers and ranchers in America is fifty-eight years, vocational agricultural programs in our schools are vital to the future of agriculture in West Virginia and in the United States of America; and
     Whereas, Vocational agricultural programs give students opportunities to utilize theory, apply mathematics and science, and develop life skills and work experience; and
     Whereas, West Virginians produce less than $1 billion of agricultural products in West Virginia annually but consume over $7 billion of agricultural food products annually; and
     Whereas, Agricultural activity creates economic development opportunities across this state, from farms to farmers markets, and promotes healthy lifestyles through access to locally produced agricultural products; and
     Whereas, Counties with rich and fertile bottomland soil, such as Cabell, Mason and Putnam Counties, hold tremendous opportunities for the expansion of agricultural production and innovation in various types of agriculture; and
      Whereas, Increasing opportunities through vocational agricultural programs in our schools builds upon the success of our existing vocational agricultural programs, and should be applauded, encouraged and expanded upon; therefore, be it
     Resolved by the West Virginia House of Delegates:

     That the House of Delegates recognizes the importance of keeping strong vocational agricultural programs in West Virginia schools; and, be it
     Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the Governor, the Commissioner of Agriculture, the State Superintendent of Schools, the Superintendent of Cabell County Schools and the Cabell County Farm Bureau.
Miscellaneous Business 

     Delegate Manchin addressed the House regarding H. C. R. 140, and at the conclusion thereof, and at the conclusion of his remarks, they were ordered printed in the Appendix to the Journal.
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 7th day of March, 2014, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (S. B. 460), Permitting School of Osteopathic Medicine invest certain moneys in its foundation
     And,
     (Com. Sub. for S. B. 499), Making Prudent Investor Act primary standard of care for Investment Management Board.
     On motion for leave, resolutions were introduced (Originating in the Committee on Education and reported with the recommendation that they each be adopted), which was read by their titles, as follows:
By Delegates M. Poling, Perry, Moye, Pasdon, Pethtel, Barill, Walker, Fragale, Cooper, Tomblin, Ambler, Lawrence, Rowan, Young, Butler, D. Evans, Williams, Sumner, Campbell, Hamrick and Espinosa:
     
H. C. R. 134 - "Requesting the Joint Committee on Government and Finance to conduct a study on Regional Education Service Agencies."
     Whereas, The Education Efficiency Audit of West Virginias Primary and Secondary Education System addressed the importance of RESAs as an intermediate education agency for service delivery in a number of areas and for increasing efficiency among the school districts and took an in-depth look into the operations of RESA 7; and
     Whereas, The West Virginia School Board Association conducted regional meetings and issued a report of the findings and recommendations of those meetings on regional services and inter- county cooperation on service delivery; and
     Whereas, Issues have been raised about the role and responsibility of RESAs in a number of areas including, but not limited to:
     (1) The appropriate role of the RESAs in the employment of personnel to assist in service delivery in its member school systems;
     (2) The appropriate role of RESAs as an extension of the Department of Education for delivering state-level services and as a service agency responsible to the member school systems for the services requested by them;
     (3) The method and adequacy of funding for RESAs to support basic operations, service delivery and shared services;
     (4) The appropriate process for determining RESA responsibility for service delivery and the service areas appropriate for RESA-level service delivery; and
     (5) The status of RESA employees for the purposes of health insurance under the Affordable Care Act; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to conduct a study on Regional Education Service Agencies that at a minimum includes the studies and issues raised with respect to RESAs as identified in this resolution; and be it
     Further Resolved, That the Joint Committee on Government and Finance is requested to report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and draft necessary legislation are requested to be paid from legislative appropriations to the Joint Committee on Government and Finance.
By Delegates M. Poling, Perry, Moye, Pasdon, Pethtel, Barill, Walker, Fragale, Cooper, Tomblin, Ambler, Lawrence, Rowan, Young, Butler, D. Evans, Williams, Sumner, Campbell, Hamrick and Espinosa:
     
H. C. R. 135 - "Requesting the Joint Committee on Government and Finance to conduct a study on requiring instruction in cardiopulmonary resuscitation, including a psycho-motor skills component and the care for conscious choking, to be taught in the public schools of this state in each of the grade levels nine through twelve for at least thirty minutes each year as a requirement for graduation."
     Whereas, This curriculum enhancement would modify and expand upon the current required courses of instruction in health education as provided in §18-2-9 in any of the grades six through twelve that must include education concerning CPR and First Aid; and
     Whereas, Community members are encouraged to provide necessary training and instructional resources such as cardiopulmonary resuscitation kits and other materials to the schools at no cost; and
     Whereas, When ordinary people are given the proper tools to administer CPR, it creates the next generation of life savers in that bystander intervention doubles or triples a cardiac victims chance of survival; and
     Whereas, Due to the predominately rural, sparsely populated nature of the state, it may take emergency responders up to thirty minutes or more to reach victims and the rate of survival of cardiac arrest reduces by ten percent for every minute without CPR intervention making bystander intervention even more important; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to conduct a study on requiring instruction in cardiopulmonary resuscitation, including a psycho-motor skills component and the care for conscious choking, to be taught in the public schools of this state in each of the grade levels nine through twelve for at least thirty minutes each year as a requirement for graduation; and be it
     Further Resolved, That the Joint Committee on Government and Finance is requested to report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and draft necessary legislation are requested to be paid from legislative appropriations to the Joint Committee on Government and Finance.
By Delegates M. Poling, Perry, Moye, Pasdon, Pethtel, Barill, Walker, Fragale, Cooper, Tomblin, Ambler, Lawrence, Rowan, Young, Butler, D. Evans, Williams, Sumner, Campbell, Hamrick and Espinosa:    
     
H. C. R. 136 - "Requesting the Joint Committee on Government and Finance study the feasibility of implementing an electronic job applicant database as a part of the statewide job bank."
     Whereas, Placing highly qualified teachers in available positions is critical to student achievement; and
     Whereas, There currently is a statewide job bank maintained on the West Virginia Department of Education web page upon which county boards may post job openings and under current statute is to include an application data base for teachers who have been released due to reductions in force; and
     Whereas, Particularly for positions in areas of critical need and priority recruitment, the statewide job bank can be a critical job market tool for county boards seeking employees and fully qualified applicants seeking employment to exchange information; and
     Whereas, Information on the statewide job bank also provides a single point of data for the State Board to monitor the vacancies and positions filled by less than fully qualified teachers, paraprofessionals or long term substitutes who are retired, in relation to applicants, and consider options for improving the recruitment and the supply of fully qualified teachers and paraprofessionals; and
     Whereas, Further improving the statewide job bank to include a database in which fully qualified teachers and paraprofessionals who are seeking employment can input their resumes, qualifications and credentials would be a valuable resource for assisting county boards seeking to hire the most well-suited and highly qualified candidate; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the feasibility of implementing an electronic job applicant database as a part of the statewide job bank; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2015, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
By Delegates Young, M. Poling, Perry, Moye, Pasdon, Pethtel, Barill, Walker, Fragale, Cooper, Tomblin, Ambler, Lawrence, Rowan, Butler, D. Evans, Williams, Sumner, Campbell, Hamrick and Espinosa:
     
H. C. R. 137 - "Requesting the Joint Committee on Government and Finance study methods for improving overall student health in West Virginia."
     Whereas, Students learn best when they are in good physical health; and
     Whereas, Physically active children are more likely to thrive academically and socially; and
     Whereas, Schools have a duty to teach students about proper nutrition and the value of physical activity to providing a high quality of life; and
     Whereas, Lessons on proper nutrition necessarily must include an understanding of moderation when selecting low-nutrition or non-nutritious foods; and
     Whereas, Periodic opportunities for students to enjoy non-instructional or recreational activities are valuable means for increasing their interest and engagement in school, as well as increasing their desire to succeed in school; and
     Whereas, Providing a time of relief from schoolwork when students can relax or exert physical energy serves to reinvigorate students minds for continued focus on academics; and
     Whereas, Students spend a significant period of time daily in the school environment, and most students consume at least one meal per day while at school; and
     Whereas, Individuals who eat balanced, nutritious meals, and integrate physical fitness into their lifestyle routine are more likely to enjoy significantly better overall health and improved quality of life; and
     Whereas, There are many ways individuals can incorporate physical activities into otherwise sedentary activities; and
     Whereas, The Legislature desires to study the feasibility of incorporating physical movement and activities into the delivery of curriculum and instruction; and
     Whereas, West Virginia Board of Education policies have established nutrition standards for meals served in public schools; and
     Whereas, The Legislature desires to evaluate the results of those policies and their impact on obesity rates and overall student health; and
     Whereas, According to studies reported in Pediatric Exercise Science and the West Virginia Medical Journal, students in the elementary grades through high school receive less than required levels of moderate to vigorous physical activity in physical education courses, and children in the state generally are not receiving the necessary intensity of activity; and
     Whereas, Schools face challenges in providing needed physical education and physical activity to students, including lack of staff and equipment, increased pressure to raise test scores, and greater demands to meet content standards and objectives; and
     Whereas, Schools must provide physical education and physical activity regardless of the challenges in order to assure student health and well-being and halt the childhood obesity epidemic; and
     Whereas, The Legislature desires to evaluate the impact of the 2005 Healthy Lifestyles Act on improving student health; and
     Whereas, The Legislature desires to evaluate the findings and recommendations regarding the impact of physical activity on student health as reported in the 2013 report by the Trust for Americas Health and the Robert Wood Johnson Foundation; and therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study methods for improving overall student health in West Virginia; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2015, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     And,
By Delegates Campbell, M. Poling, Perry, Moye, Pasdon, Pethtel, Barill, Walker, Fragale, Cooper, Tomblin, Ambler, Lawrence, Rowan, Young, Butler, D. Evans, Williams, Sumner, Hamrick and Espinosa:
     
H. C. R. 138 - "Requesting the Joint Committee on Government and Finance study the effectiveness of current state statutes and State Board of Education and county board policies regarding mandatory reporting by school personnel of student harassment, intimidation or bullying."
     Whereas, Currently school personnel are required to report bullying, harassment and intimidation of students; and
     Whereas, Each county board establishes policies prohibiting harassment, intimidation or bullying in schools; and
     Whereas, A safe and civil environment in school is necessary for students to learn and achieve high academic standards; and
     Whereas, Harassment, intimidation and bullying, like other disruptive or violent behavior, disrupt both a students ability to learn and a schools ability to educate its students in a safe, nonthreatening environment; and
     Whereas, Students learn by example when school employees and volunteers demonstrate appropriate behavior, treat others with civility and respect, and refuse to tolerate harassment, intimidation or bullying; and
     Whereas, School personnel and officials have a duty and an obligation to report incidents of harassment, intimidation and bullying in order to maintain a safe haven for students; and
     Whereas, The Legislature desires to evaluate the data regarding incidents reported by school personnel regarding student harassment, intimidation and bullying, as well as the criteria for required reporting; and therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the effectiveness of current state statutes and State Board of Education and county board policies regarding mandatory reporting by school personnel of student harassment, intimidation or bullying; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2015, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     On motion for leave, a resolution was introduced (Originating in the Committee on Health and Human Resources and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Perdue, Fleischauer, Lawrence, Barker, Moore, Staggers, Campbell, Guthrie, Marshall, Poore, Kinsey, Ellington, Householder, Sobonya, Rowan, Arvon and Border:
     H. C. R. 139 - "Requesting that the Joint Committee on Government and Finance to study the benefits of recognizing Certified Professional Midwives in the State of West Virginia."
     Whereas, The Certified Professional Midwife Credential is approved by the National Commission for Certifying Agencies (NCCA), an accrediting body that accredits many healthcare credentials, including the Certified Nurse-Midwife and is currently recognized in 28 states; and
     Whereas, Home births have increased 29% from 2004-2009 (CDC) and quality studies have found that birth can safely take place with Certified Professional Midwives at home and in birthing centers (See Homebirth, An Annotated Guide to the Literature http://midwifery.ubc.ca/files/2013/11/HomeBirth_AnnotatedGuideToTheLiterature.pdf and the recent study, "Outcomes of care for 16,924 Planned Home Births in the United States: The Midwives Alliance of North America Statistics Project from 2004-2009" http://onlinelibrary.wiley.com/doi/10.1111/jmwh.12172/abstract); and
     Whereas, West Virginia is a state where most of the maternal and infant health indicators, including obesity, smoking and substance abuse, are preventable through appropriate counseling made more effective by building strong relationships. Such counseling and the relationship building are cornerstones of midwifery care; and
     Whereas, Births attended by Certified Professional Midwives need fewer interventions and thus result in great cost savings to the state; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Joint Committee on Government and Finance be authorized to authorize a study the benefit of recognizing Certified Professional Midwives in West Virginia; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the 2015 Regular Session of the Legislature on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare all reports and draft legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.
     Mr. Speaker, Mr. Miley, from the Committee on Rules, submitted the following report, which was received:
     Your Committee on Rules has had under consideration:
     H. C. R. 78, Army PFC Cornelious Wiley Memorial Bridge,
     And reports back a committee substitute therefore, with a new title, as follows:
     Com. Sub. for H. C. R. 78 - "Requesting the Division of Highways to name bridge number 22-37/2-3.40 (22A125) crossing Fourteen Mile Creek in Lincoln County, as the U.S. Army PFC Cornelious Wiley Memorial Bridge,"
     With the recommendation that the committee substitute be adopted.
     Mr. Speaker, Mr. Miley, from the Committee on Rules, submitted the following report, which was received:
     Your Committee on Rules has had under consideration:
     Com. Sub. for S. C. R. 50, Requesting DOH name portion of State Rt. 20, Hinton, Summers County, "USMC Sgt. Mecot E. Camara Memorial Highway",
     And reports the same back with the recommendation that it be adopted.
     At the request of Delegate White, the resolution was taken up for immediate consideration.
     The question now being on the adoption of the resolution, Delegate Caputo demanded the yeas and nays, which demand was sustained.
     The yeas and nays having been ordered, they were taken (Roll No. 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: Longstreth, J. Nelson, Paxton and Raines.
    So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (Com. Sub. for S. C. R. 50) adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     Mr. Speaker, Mr. Miley, from the Committee on Rules, submitted the following report, which was received:
     Your Committee on Rules has had under consideration:
     H. C. R. 22, Studying the needs, challenges, and issues facing West Virginia military veterans,
     H. C. R. 51, Requesting the Joint Committee on Government Organization and Finance study the need for interconnectivity and other improvements in West Virginias water distribution systems,
     H. C. R. 88, Requesting the Congress of the United States to restore the presumption of a service connection for Agent Orange exposure,
     H. C. R. 97, Requesting the Joint Committee on Government and Finance to conduct a study regarding strategies for increasing the number of college graduates in the state,
     H. C. R. 123, U. M. W. A. Memorial Road,
     H. C. R. 130, Requesting the Joint Committee on Government and Finance study the issue of implementing the recommendations laid out in the Minerss Safety Report,
     Com. Sub. for S. C. R. 52, Requesting DOH place signage along highways entering WV honoring fallen veterans and Gold Star Families,
     And,
     S. C. R. 60
, Requesting DOH name section of Rt. 1 in Marion County "USAF Sergeant Jerome E. Kiger Memorial Road",
     And reports the same back with the recommendation that they each be adopted.
     At the request of Delegate White, and by unanimous consent, the resolutions (H. C. R. 22, H. C. R. 51, H. C. R. 88, H. C. R. 97, H. C. R. 12, H. C. R. 130, Com. Sub. for S. C. R 52 and S. C. R. 60) were taken up for immediate consideration and adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein on those requiring the same.
Messages from the Executive

     Mr. Speaker, Mr. Miley, presented a communication from His Excellency, the Governor, advising that on March 7, 2014, he approved Com. Sub. for H. B. 4350, H. B. 4359, H. B. 4372, H. B. 4504, S. B. 402, S. B. 443, S. B. 444, S. B. 452 and S. B. 460.
Messages from the Senate

     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
     Com. Sub. for H. B. 2803, Requiring electric utilities to implement integrated resource plans.
     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. 3108, Relating to criminal background checks on applicants for employment by nursing homes.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 5C. NURSING HOMES.
§16-5C-21 Employment restrictions.

     (a)Notwithstanding a legislative rule or provider manual issued by the department, a person cannot be employed by a nursing home unless granted a variance by the secretary, or his or her designee, if convicted of:
     (1) Abduction or kidnapping;
     (2) Any violent felony crime including, but not limited to, rape, sexual assault, homicide, felonious physical assault or felonious battery;
     (3) Child or adult abuse or neglect;
     (4) Crimes which involve the exploitation of a child or an incapacitated adult;
     (5) Felony domestic battery or domestic assault;
     (6) Felony arson;
     (7) Felony or misdemeanor crime against a child or incapacitated adult which causes harm;
     (8) Felony drug-related offenses;
     (9) Felony driving under the influence of drugs or alcohol;
     (10) Hate crimes;
     (11) Murder or manslaughter;
     (12) Neglect or abuse by a caregiver;
     (13) Pornography crimes involving children or incapacitated adults including, but not limited to, use of minors or incapacitated adults in filming sexual explicit conduct, distribution and exhibition of material depicting minors or incapacitated adults in sexually explicit conduct or sending, distributing, exhibiting, possessing, displaying or transporting material by a parent, guardian or custodian, depicting a minor or incapacitated adult engaged in sexually explicit conduct;
     (14) Purchase or sale of a child;
     (15) Sexual offenses including, but not limited to, incest, sexual abuse or indecent exposure;
     (16) Felony or misdemeanor involving financial exploitation of a minor or elderly person; or
     (17) Felony offense related to fraud, theft, embezzlement, breach of fiduciary responsibility or other financial misconduct in connection with the delivery of a health care item or service, or with respect to any act or omission in a health care program operated or financed, in whole or in part, by any federal, state or local government agency; or
     (18) Any criminal offense related to the delivery of an item or service under Medicare or a state health care program.
     (b) The secretary shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code, to allow persons to appeal decisions, demonstrate rehabilitation, request a review of their initial negative determinations and to implement any variance procedure as may be required by state or federal law."
     And,
     By amending the title of the bill to read as follows:
     Com. Sub. for H. B. 3108 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5C-21, relating to prohibiting employment by a nursing home of a person convicted of certain crimes unless a variance has been granted by the secretary; and authorizing the Secretary of the Department of Health and Human Resources to propose legislative rules."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 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: Longstreth, J. Nelson and Raines.
    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. 3108) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
     H. B. 4135, Designating the first Thursday in May the West Virginia Day of Prayer.
     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. 4147, Relating to emergency preparedness.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"CHAPTER 15. PUBLIC SAFETY.

ARTICLE 5. DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT.
§15-5-1. Policy and purpose.
     In view of the existing and increasing possibility of the occurrence of disasters of unprecedented size and destructiveness and large-scale threats, resulting from terrorism, enemy attack, sabotage or other hostile action, or from fire, flood, earthquakes or other natural or man-made causes and in order to insure that preparations of this state will be adequate to deal with such the disasters and large-scale threats, and generally to provide for the common defense and to protect the public peace, health and safety and to preserve the lives and property of the people of the state, it is hereby found and declared to be necessary: (1) To create the Division of Homeland Security and Emergency Management and to authorize the creation of local and regional organizations for emergency services in the political subdivisions of the state; (2) to confer upon the Governor and upon the executive heads of governing bodies of the political subdivisions of the state the emergency powers provided herein; (3) to provide for the rendering of mutual aid among the political subdivisions of the state and with other states and to cooperate with the federal government with respect to the carrying out of emergency services and homeland security functions; (4) and (4) to establish and implement comprehensive homeland security and emergency management plans to deal with such disasters and large-scale threats. It is further declared to be the purpose of this article and the policy of the state that all homeland security and emergency management funds and functions of this state be coordinated to the maximum extent with the Secretary of the Department of Military Affairs and Public Safety and with the comparable functions of the federal government including its various departments and agencies, of other states and localities and of private agencies of every type, so that the most effective preparation and use may be made of the nations and this states manpower, resources and facilities for dealing with any disaster or large-scale threat that may occur.
§15-5-6. Emergency powers of Governor.
     
(a) The provisions of this section shall be are operative only during the existence of a state of emergency or state of preparedness. The existence of a state of emergency or state of preparedness may be proclaimed by the Governor or by concurrent resolution of the Legislature if the Governor in such the proclamation, or the Legislature in such the resolution, finds that an attack upon the United States has occurred or is anticipated in the immediate future, or that a natural or man-made disaster of major proportions has actually occurred or is imminent within the state, or that an emergency exists or may be imminent due to a large-scale threat beyond local control, and that the safety and welfare of the inhabitants of this state require an invocation of the provisions of this section.
     (b) Any such state of emergency or state of preparedness, whether proclaimed by the Governor or by the Legislature, shall terminate terminates upon the proclamation of the termination thereof by the Governor, or the passage by the Legislature of a concurrent resolution terminating such the state of emergency or state of preparedness: Provided, That in no case shall a state of preparedness last longer than thirty days.
_____
(c) So long as such a state of emergency or state of preparedness exists, the Governor shall have has and may exercise the following additional emergency powers:
     (a) (1) To enforce all laws and rules relating to the provision of emergency services and to assume direct operational control of any or all emergency service forces and helpers in the state;
     (b) (2) To sell, lend, lease, give, transfer or deliver materials or perform functions relating to emergency services on such terms and conditions as he or she shall prescribe prescribes and without regard to the limitations of any existing law and to account to the State Treasurer for any funds received for such the property;
     (c) (3) To procure materials and facilities for emergency services by purchase, condemnation under the provisions of chapter fifty-four of this code or seizure pending institution of condemnation proceedings within thirty days from the seizing thereof and to construct, lease, transport, store, maintain, renovate or distribute such the materials and facilities. Compensation for property so procured shall be made in the manner provided in chapter fifty-four of this code;
     (d) (4) To obtain the services of necessary personnel, required during the emergency, and to compensate them for their services from his or her contingent funds or such other funds as may be available to him or her;
     (e) (5) To provide and compel the evacuation of all or part of the population from any stricken or threatened area within the state and to take such steps as that are necessary for the receipt and care of such the evacuees;
     (f) (6) To control ingress and egress to and from a disaster area or an area where large-scale threat exists, the movement of persons within the area and the occupancy of premises therein;
     (g) (7) To suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders, rules or regulations of any state agency, if strict compliance therewith would in any way prevent, hinder or delay necessary action in coping with the emergency;
     (h) (8) To utilize such use available resources of the state and of its political subdivisions as that are reasonably necessary to cope with the emergency;
     (I) (9) To suspend or limit the sale, dispensing or transportation of alcoholic beverages, explosives and combustibles;
     (j) (10) To make provision for the availability and use of temporary emergency housing; and
     (k) (11) To perform and exercise such other functions, powers and duties as that are necessary to promote and secure the safety and protection of the civilian population.
     (d) The declaration of a state of preparedness has the same effect as a declaration of a state of emergency for the purposes of the Emergency Management Assistance Compact established in section twenty-two of this article and the Statewide Mutual Aid Systems set forth in section twenty-eight of this article.
_____(e)
No The powers granted under this section may be interpreted to do not authorize any action that would violate the prohibitions of section nineteen-a of this article.
CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT

AND PROTECTION ACT.

ARTICLE 6J. PROTECTION OF CONSUMERS FROM PRICE GOUGING AND UNFAIR PRICING PRACTICES DURING AND SHORTLY AFTER A STATE OF EMERGENCY OR STATE OF PREPAREDNESS.
§46A-6J-1. Emergencies and natural disasters - Taking unfair advantage of consumers.
     The Legislature hereby finds that during emergencies and major disasters, including, but not limited to, tornadoes, earthquakes, fires, floods, storms or civil disturbances or where a large-scale threat exists, some merchants have taken unfair advantage of consumers by greatly increasing prices for essential consumer goods or services. While the pricing of consumer goods and services is generally best left to the marketplace under ordinary conditions, when a declared state of emergency or state of preparedness results in abnormal disruptions of the market, the public interest requires that excessive and unjustified increases in the prices of essential consumer goods and services be prohibited. It is the intent of the Legislature in enacting this article to protect citizens from excessive and unjustified increases in the prices charged during or shortly after a declared state of emergency or state of preparedness for goods and services that are vital and necessary for the health, safety and welfare of consumers. Further, it is the intent of the Legislature that this article be liberally construed so that its beneficial purposes may be served.
§46A-6J-2. Definitions.
     (a) Building materials means lumber, construction tools, windows and any other item used in the building or rebuilding of property.
     (b) Consumer food item means any article that is used or intended for use for food or drink by a person or animal.
     (c) Disaster means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including fire, flood, earthquake, wind, snow, storm, chemical or oil spill or other water or soil contamination, epidemic, air contamination, blight, drought, infestation or other public calamity requiring emergency action.
     (d) Emergency supplies includes, but is not limited to, water, flashlights, radios, batteries, candles, blankets, generators, heaters and temporary shelters.
     (e) Essential consumer item means any article that is necessary to the health, safety and welfare of consumers, including, but not limited to, clothing, diapers, soap, cleaning supplies and toiletries.
     (f) Gasoline means any fuel used to power any motor vehicle or power tool.
     (g) Housing means any rental housing leased on a month-to-month term or the sale of manufactured homes, as that term is defined in section two, article nine, chapter twenty-one of this code.
     (h) Large-scale threat means circumstances which present a reasonable probability that necessary services or public order would be disrupted and effect a significant number of people from either natural or man-made causes.
_____
(h) (I) Medical supplies includes, but is not limited to, prescription and nonprescription medications, bandages, gauze, isopropyl alcohol and antibacterial products.
     (I) (j) Repair or reconstruction services means any services performed by any person for repairs to residential, commercial or public property of any type that is damaged as a result of a disaster.
     (j) (k) State of emergency means the situation existing during or after the occurrence of a disaster or large-scale threat in which a state of emergency has been declared by the Governor or by the Legislature pursuant to the provisions of section six, article five, chapter fifteen of this code or in which a major disaster declaration or emergency declaration has been issued by the president of the United States pursuant to the provisions of 42 U. S. C. § 5122.
     (l) State of preparedness means the situation existing before a disaster or large-scale threat in which a state of preparedness has been declared by the Governor or by the Legislature pursuant to the provisions of section six, article five, chapter fifteen of this code.
_____
(k) (m) Transportation, freight and storage services means any service that is performed by any company that contracts to move, store or transport personal or business property or rents equipment or storage space for those purposes.
§46A-6J-3. Prohibited unfair pricing practices.

     (a) Upon the declaration of a state of emergency or state of preparedness, and continuing for the existence of the state of emergency or state of preparedness or for thirty days following the declaration, whichever period is longer, it is unlawful for any person, contractor, business, or other entity to sell or offer to sell to any person in the area subject to the declaration any consumer food items, essential consumer items, goods used for emergency cleanup, emergency supplies, medical supplies, home heating oil, building materials, housing, transportation, freight and storage services, or gasoline or other motor fuels for a price greater than ten percent above the price charged by that person for those goods or services on the tenth day immediately preceding the declaration of emergency state of preparedness, unless the increase in price is directly attributable to additional costs imposed on the seller by the supplier of the goods or directly attributable to additional costs for labor or materials used to provide the services: Provided, That in those situations where the increase in price is attributable to additional costs imposed by the sellers supplier or additional costs of providing the good or service during the state of emergency or state of preparedness, the price is no greater than ten percent above the total of the cost to the seller plus the markup customarily applied by the seller for that good or service in the usual course of business on the tenth day immediately preceding the declaration: Provided, however, That where a supplier of gasoline or other motor fuels cannot determine their daily costs, the supplier may sell gasoline or other motor fuels to distributers on any day at a rate not to exceed the average of the Oil Price Information Services average wholesale rack price for that product at the Montvale/Roanoke, Virginia, Fairfax, Virginia and Pittsburgh, Pennsylvania wholesale racks for the previous day.
     (b) Upon the declaration of a state of emergency or state of preparedness, and for a period of one hundred eighty days following that declaration, it is unlawful for any contractor to sell or offer to sell any repair or reconstruction services or any services used in emergency cleanup in the area subject to the declaration for a price greater than ten percent above the price charged by that person for those services on the tenth day immediately preceding the declaration, unless the increase in price was directly attributable to additional costs imposed on it by the supplier of the goods or directly attributable to additional costs for labor or materials used to provide the services: Provided, That in those situations where the increase in price is attributable to the additional costs imposed by the contractors supplier or additional costs of providing the service, the price is no greater than ten percent above the total of the cost to the contractor plus the markup customarily applied by the contractor for that good or service in the usual course of business on the tenth day immediately preceding to the declaration of the state of emergency state of preparedness.
     (c) Any business offering an item for sale at a reduced price ten days immediately prior to the declaration of the state of emergency or state of preparedness may use the price at which it usually sells the item to calculate the price pursuant to subsection (a) or (b) of this section.
     (d) Whenever the Governor declares a state of preparedness, the provisions of this article shall only apply to those items or services specifically set forth in the proclamation.
_____
(d) (e) The price restrictions imposed by this article may be limited or terminated by proclamation of the Governor.
§46A-6J-4. Notification by the Secretary of State; registry.

     The Secretary of State shall promulgate rules to establish a system by which any person, corporation, trade association or partnership may register to receive notification that a state of emergency or state of preparedness has been declared and that the provisions of this article are in effect. The rules promulgated pursuant to the authority conferred by this section may include a requirement of the payment of fees for registration."
     And,
     By amending the title of the bill to read as follows:
     Com. Sub. for H. B. 4147 - "A Bill to amend and reenact §15-5-1 and §15-5-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §46A-6J-1, §46A-6J-2, §46A-6J-3 and §46A-6J-4 of said code, all relating to emergency preparedness; revising the policy statement for the Division of Homeland Security and Emergency Management; authorizing the Governor or the Legislature to declare a state of preparedness; limiting a state of preparedness to thirty days; identifying conditions that permit a declaration of a state of preparedness; adding the term state of preparedness to where state of emergency is referred throughout the code; providing that a state of preparedness has the same effect as a state of emergency for the purposes of the Emergency Management Assistance Compact and the Statewide Mutual Aid System; revising the definition of state of emergency in the West Virginia Consumer Protection Act; defining state of preparedness and large-scale threat in the West Virginia Consumer Protection Act; requiring the Governor to specifically list items or services subject to unfair pricing provisions in a proclamation declaring a state of preparedness; requiring notification of a state of preparedness by the Secretary of State; and making other technical and stylistic revisions."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 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: Longstreth, J. Nelson and Raines.
    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. 4147) passed.
     Delegate White moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 354), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
     Absent and Not Voting: Longstreth, J. Nelson and Raines.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4147) takes effect from its passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
     Com. Sub. for H. B. 4149, Allowing members of the Board of Public Works to be represented by designees and to vote by proxy.
     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. 4156, Electronic Toll Collection Act.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page six, section three, line four, after the word "collection", by striking out the remainder of the section and inserting in lieu thereof "and enforcement of tolls for the use of roads, highways and bridges may be accomplished by electronic toll collection as provided in this article and in rules promulgated by authority of this article: Provided, That the application of this article should not apply to:
     (1) Future highway construction provided for in the Division of Highways Statewide Transportation Improvement Plan at the time of the enactment of this article; and
     (2) Existing toll roads: Provided, That this section may not be construed to prohibit the collection and enforcement of tolls pursuant to article sixteen-a, chapter seventeen of this code."
     On page eleven, section five, line ninety-three, by striking out the words "Authority of" and inserting in lieu thereof the words "the Parkways Authority pursuant to".
     On page fourteen, section six, line thirteen, by striking out the word "rebutable" and inserting in lieu thereof the word "rebuttable".
     On page fifteen, section seven, lines five through nine, by striking out the words "a copy of the rental agreement, lease or other contract document covering that vehicle on the date of the violation, with the name and address of the lessee clearly legible to the Authority and to the court having jurisdiction over the violation" and a period and inserting in lieu thereof "the name and address of the lessee who leased the vehicle on the day of the violation: Provided, That a lessor shall provide a copy of the rental agreement, lease or other contract document covering that vehicle on the date of the violation to the Parkways Authority upon written request for a violation that is in litigation" and a period.
     And,
     On page twenty, section nine, following line fifty-nine, by adding two new subsections, designated subsections (f) and(g), to read as follows:
     "(f) All videotapes, photographs, microphotographs, other recorded images, written records, reports or facsimiles prepared pursuant to this article shall be destroyed within sixty days following the conclusion of the action or proceeding.
     (g) Nothing in this article authorizes any law-enforcement agency to enter any information in a national database that is contained in videotapes, photographs, microphotographs, other recorded images, written records, reports or facsimiles prepared pursuant to this article."                  On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 355), and there were--yeas 68, nays 29, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Ambler, Andes, Armstead, Border, Butler, Cadle, Canterbury, Cooper, Cowles, Ellem, Ellington, Espinosa, Faircloth, Folk, Frich, Gearheart, Hamrick, Householder, Howell, Kump, Lane, Miller, Overington, Shott, R. Smith, Sobonya, Sumner, Walker and Walters.
     Absent and Not Voting: Longstreth, J. Nelson and Raines.
    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. 4156) 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:
     Com. Sub. for H. B. 4183, Supplementing, amending, decreasing, and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways.
     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
     Com. Sub. for H. B. 4196, Requiring the Workforce Investment Council to provide information and guidance to local workforce investment boards that would enable them to better educate both women and men about higher paying jobs.
     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. 4217, Relating to Medicaid reports to the Legislature.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 5. MISCELLANEOUS PROVISIONS.
§9-5-22. Medicaid managed care reporting.

     (a) Beginning January 1, 2016, and annually thereafter, the Bureau for Medical Services shall submit an annual report by May of that year to the Joint Committee on Government and Finance and the Legislative Oversight Commission on Health and Human Resources Accountability that includes, but is not limited to, the following information for all managed care organizations:
     (1) The name and geographic service area of each managed care organization that has contracted with the bureau.
     (2) The total number of health care providers in each managed care organization broken down by provider type and specialty and by each geographic service area.
     (3) The monthly average and total of the number of members enrolled in each organization broken down by eligibility group.
     (4) The percentage of clean claims paid each provider type within thirty calendar days and the average number of days to pay all claims for each managed care organization
     (5) The number of claims denied or pended by each managed care organization.
     (6) The number and dollar value of all claims paid to non-network providers by claim type for each managed care organization.
     (7) The number of members choosing the managed care organization and the number of members auto-enrolled into each managed care organization, broken down by managed care organization.
     (8) The amount of the average per member per month payment and total payments paid to each managed care organization.
     (9) A comparison of nationally recognized health outcomes measures as required by the contracts the managed care organizations have with the bureau.
     (10) A copy of the member and provider satisfaction survey report for each managed care organization.
     (11) A copy of the annual audited financial statements for each managed care organization.
     (12) A brief factual narrative of any sanctions levied by the department against a managed care network.
     (13) The number of members, broken down by each managed care organization, filing a grievance or appeal and the total number and percentage of grievances or appeals that reversed or otherwise resolved a decision in favor of the member.
     (14) The number of members receiving unduplicated outpatient emergency services and urgent care services, broken down by managed care organization.
     (15) The number of total inpatient Medicaid days broken down by managed care organization and aggregated by facility type.
     (16) The following information concerning pharmacy benefits broken down by each managed care organization and by month:
     (A) Total number of prescription claims;
     (B) Total number of prescription claims denied;
     (C) Average adjudication time for prescription claims;
     (D) Total number of prescription claims adjudicated within thirty days;
     (E) Total number of prescription claims adjudicated within ninety days;
     (F) Total number of prescription claims adjudicated after thirty days; and
     (G) Total number of prescription claims adjudicated after ninety days.
     (17) The total number of authorizations by service.
     (18) Any other metric or measure which the Bureau of Medical Services deems appropriate for inclusion in the report.
     (19) For those managed care plans that are accredited by a national accreditation organization they shall report their most recent annual quality ranking for their Medicaid plans offered in West Virginia.
     (20) The medical loss ratio and the administrative cost of each managed care organization and the amount of money refunded to the state if the contract contains a medical loss ratio.
     (b) The report required in subsection (a) of this section shall also include information regarding fee-for-service providers that is comparable to that required in subsection (a) of this section for managed care organizations: Provided, That any report regarding Medicaid fee for service should be designed to determine the medical and pharmacy costs for those benefits similar to ones provided by the managed care organizations and the data shall be reflective of the population served.
     (c) The report required in subsection (a) of this section shall also include for each of the five most recent fiscal years, annual cost information for both managed care organizations and fee-for- service providers of the Medicaid program expressed in terms of:
     (1) Aggregate dollars expended by both managed care organizations and fee-for-service providers of the Medicaid programs per fiscal years; and
     (2) Annual rate of cost inflation from prior fiscal year for both managed care organizations and fee-for-service providers of the Medicaid program.
§9-5-23. Bureau of Medical Services information.
     (a) The Bureau of Medical Services shall publish all informational bulletins, health plan advisories, and guidance published by the department concerning the Medicaid program on the departments website.
     (b) The bureau shall publish all Medicaid state plan amendments and any related correspondence within twenty-four hours of receipt of the correspondence submission to the Centers for Medicare and Medicaid Services.
     (c) The bureau shall publish all formal responses by the Centers for Medicare and Medicaid Services regarding any state plan amendment on the departments website within twenty-four hours of receipt of the correspondence."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 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: Longstreth, J. Nelson and Raines.
    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. 4217) 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 refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
     Com. Sub. for H. B. 4236, Sexual assault nurse examination network.
     The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
     Senators Kirdendoll, Cookman and Carmichael.
     On motion of Delegate Boggs, the House of Delegates agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.
     Whereupon,
     The Speaker appointed as conferees on the part of the House of Delegates the following:
     Delegates Fleischauer, Skinner and Ellem.
     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:
     Com. Sub. for H. B. 4242, Increasing gross weight limitations on certain roads in Brooke County.
     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
     Com. Sub. for H. B. 4245, Relating to anticipated retirement dates of certain health care professionals.
     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:
     Com. Sub. for H. B. 4254, Providing that certain state employees may be granted a leave of absence with pay during a declared state of emergency.
     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates, as follows:
     Com. Sub. for H. B. 4268, Relating to the administration of veterans assistance.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"CHAPTER 9A. VETERANS ASSISTANCE.

ARTICLE 1. DEPARTMENT OF VETERANS ASSISTANCE.
§9A-1-2. Veterans Council; administration of department.
     
(a) There is continued the Veterans Council consisting of nine members who must be citizens and residents of this state and who have served in and been honorably discharged or separated under honorable conditions from the Armed Forces of the United States and whose service was within a time of war as defined by the laws of the United States. either Public Law No. 2 -- 73rd Congress, or Public Law No. 346 -- 78th Congress, and amendments thereto.
     
(b) Where feasible, two members of the council shall be veterans of either World War II or the Korean Conflict, at least two members of the council shall be veterans of the Vietnam era, at least one member shall be a veteran of the first Gulf War and at least one member shall be a veteran of the Afghanistan or Iraqi Conflicts. The members of the veterans council shall be selected with special reference to their ability and fitness to effectuate the purposes of this article. If an eligible veteran is not available or cannot be selected, a veteran who is a citizen and resident of this state, who served in and was honorably discharged or separated under honorable conditions from the Armed Forces of the United States and who served during any time of war or peace may be selected.
     (c) A The secretary and such veterans affairs officers, assistants and employees as the secretary considers advisable, shall administer the West Virginia Department of Veterans Assistance. §9A-1-4. Duties and functions of Veterans Council; appointment of secretary; honoring academic achievement at military academies.
     (a) It is the duty and function of The Veterans Council to advise the secretary on the general administrative policies of the department, to select, at their first meeting in each fiscal year commencing on July 1, a chairperson to serve one year, to advise the secretary on rules as may be necessary, to advise the Governor and the Legislature with respect to legislation affecting the interests of veterans, their widows, widowers, dependents and orphans and to make annual reports to the Governor respecting the service of the department. The secretary has the same eligibility and qualifications prescribed for members of the Veterans Council. The secretary ex officio shall maintain all records of the Veterans Council.
     (b) The Veterans Council may annually honor each West Virginian graduating from the U. S. Military Academy, the U. S. Naval Academy, the U. S. Air Force Academy and the U. S. Coast Guard Academy with the highest grade point average by bestowing upon him or her the West Augusta Award. The award shall be in a design and form established by the council and include the famous Revolutionary War phrase from which the awards name is derived: Once again our brethren from West Augusta have answered the call to duty. The council shall coordinate the manner of recognition of the recipient at graduation ceremonies with each academy.
§9A-1-5. Compensation to and expenses of Secretary and Veterans Council members; meetings of Veterans Council.
     
(a) The director secretary shall receive an annual salary as provided in section two-a, article seven, chapter six of this code and necessary traveling expenses incident to the performance of his or her duties. The salaries of the veterans affairs officers, assistants and employees shall be fixed by the Veterans Council.
     
(b) The members of the Veterans Council shall receive no salary, but each member shall receive the same compensation and 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. The requisition for such expenses and traveling expenses shall be accompanied by a sworn and itemized statement, which shall be filed with the Auditor and permanently preserved as a public record.
     (c) The Veterans Council shall hold its initial meeting on the call of the Governor, and thereafter shall meet on the call of its chairman, except as otherwise provided. With the exception of the first three meetings of the Veterans Council, none of which shall be of a duration longer than two weeks each, for organizational purposes,
     
(d) The Veterans Council shall meet not more than once every two months at such times as may be determined by and upon the call of the chairman for a period of not more than two days, unless there should be an emergency requiring a special meeting or for a longer period and so declared and called by the Governor or by the chairman with the approval of the Governor.
     (e) A majority of the members of the Veterans Council in office shall constitute a quorum for the conduct of official business.
§9A-1-6. Oaths.
     The members of the Veterans Council, the director secretary and the veterans affairs officers of the department shall take and subscribe to the oath prescribed by article four, section five of the state Constitution before entering on their duties. Their oaths shall be filed with the Secretary of State.
§9A-1-8. Offices.
     
(a) The offices of the director secretary shall be located at the state capitol or other place provided in the capital city. The director secretary shall keep his or her offices open at all reasonable times for the transaction of business.
     (b) The offices and meeting place of the Veterans Council shall be in the offices of the director secretary: Provided, That the Veterans Council with the approval of the Governor may hold meetings at other places but not outside of this state, except in the District of Columbia.
§9A-1-9. Duties of department.
     The division department of veterans affairs assistance of West Virginia shall:
     (1) Assist veterans, their widows, widowers, dependents and orphans within the state, in properly presenting their claims before the United States Veterans Administration, its administrator, or any federal agency, the State of West Virginia, or any of the several states of the United States, when the claims arise out of service with the armed forces of the United States as defined in section one of this article;
     (2) Contact all veterans organizations in this state through their duly elected or appointive officers to effectuate the purposes of this article and aid in the efficiency of the operations of the division department;
     (3) Render all possible and proper advice, assistance and counsel to veterans, their families, and their widows, dependents and orphans, within the state, and furnish them information on compensation, allowances, pensions, insurance, rehabilitation, hospitalization, education, vocational training, or refresher or retraining courses in education or training, employment, loans or aid for the purchase, acquisition or construction of homes, farms, farm equipment and business property, preference in the purchase of property and preference in employment, as provided or may be provided by any federal act, any federal agency, this state or other states;
     (4) Make careful inquiry into all claims presented for payment out of the State Treasury from any appropriation made for the benefit of veterans, their widows, widowers, dependents and orphans.
§9A-1-10. Powers and duties of secretary.
     The director secretary is the executive and administrative head of the division department and has the power and duty, subject to the provisions of section four of this article, to:
     (a) Supervise and put into effect the purposes and provisions of this article and the rules for the government of the division department;
     (b) Prescribe methods pertaining to investigations and reinvestigations of all claims and to the rights and interests of all veterans, their widows, widowers, dependents and orphans;
     (c) Prescribe uniform methods of keeping all records and case records of the veterans, their widows, widowers, dependents and orphans;
     (d) Sign and execute, in the name of the state by West Virginia Division Department of Veterans Affairs Assistance, and by and with the consent of the Veterans Council, any contract or agreement with the federal government or its agencies, other states, subdivisions of this state, corporations, associations, partnerships or individuals;
     (e) Supervise the fiscal affairs and responsibilities of the division department;
     (f) Organize the division department to comply with the requirements of this article and with the standards required by any federal act or any federal agency;
     (g) Establish any regional or area offices throughout the state that are necessary to promote efficiency and economy in administration;
     (h) Make reports that comply with the requirements of any federal act or federal agency and the provisions of this article;
     (i) Cooperate with the federal and state governments for the more effective attainment of the purposes of this article;
     (j) Keep a complete and accurate record of all proceedings; record and file all contracts and agreements and assume responsibility for the custody and preservation of all papers and documents pertaining to his or her office and the division department;
     (k) Prepare for the Veterans Council the annual reports to the Governor of the condition, operation and functioning of the division department;
     (l) Exercise any other powers necessary and proper to standardize the work; to expedite the service and business; to assure fair consideration of the rights and interests and claims of veterans, their widows, widowers, dependents and orphans; to provide resources for a program which will promote a greater outreach to veterans and which will advise them of the benefits and services that are available; and to promote the efficiency of the division department;
     (m) Invoke any legal, equitable or special remedies for the enforcement of his or her orders or the provisions of this article;
     (n) Appoint the veterans affairs officers and heads of divisions of the division department, and of regional or area offices, and employ assistants and employees, including case managers and counselors, that are necessary for the efficient operation of the division department;
     (o) Provide resources and assistance in the development of an Internet website which is to be used to inform veterans of programs and services available to them through the division department and the state and federal governments;
     (p) Delegate to all or any of his or her appointees, assistants or employees all powers and duties vested in the director secretary, except the power to sign and execute contracts and agreements: but the director Provided, That the secretary shall be responsible for the acts of his or her appointees, assistants and employees; and
     (q) Provide volunteers who will drive or transport Award grants, in his or her discretion, subject to available appropriations, to provide for the transportation of veterans to veterans hospitals from the veterans home or local Veterans affairs Assistance offices; and and who shall be paid an expense per diem of seventy-five dollar.
     
(r) Enter into an agreement with the Commissioner of the Department of Agriculture to transfer without consideration all or part of the approximately seventeen acres of the Department of Agriculture property in Beckley, West Virginia, located adjacent to the Jackie Withrow Hospital which was formerly known as Pinecrest Hospital, for construction of a veterans skilled nursing facility.
§9A-1-11. Establishment of veterans facilities support fund; authorized expenditures.
     
(a) There is hereby created continued in the State Treasury a special revenue fund to be designated and known as the Veterans Facilities Support Fund which shall be administered by the secretary.
     (b) All interest or other returns earned on the investment of the moneys in the fund shall be credited to the fund.
     (c) Funds paid into the account shall be derived from the following sources: (1) Any gift, grant, bequest, endowed fund or donation which may be received by any veterans facility created by statute from any governmental entity or unit or any person, firm, foundation or corporation; and (2) All interest or other return on investment accruing to the fund.
     (d) Moneys in the fund are to be used for the operational costs of any veterans facility created by statute, the acquisition, design, construction, equipping, furnishing, including, without limitation, the payment of debt service on bonds issued to finance the foregoing and/or as otherwise designated or specified by the donor.
     (e) Any balance, including accrued interest or other earnings, in this special fund at the end of any fiscal year shall not revert to the General Revenue Fund but shall remain in the fund.
     (f) Funds from the Veterans Facility Support Fund for operational costs of any veterans facility as defined in this section will be distributed by appropriation of the Legislature.
     (g) Funds from the Veterans Facility Support Fund for the acquisition, design, construction, equipping, furnishing, including, without limitation, the payment of debt service on bonds issued to finance the veterans nursing home shall be transferred to the Veterans Nursing Home Building Fund upon written request of the director secretary. of the division of Veterans Affairs to the Investment Management Board and the state Treasurer in accordance with the provisions of this section.
§9A-1-12. Legal assistance.
     The Attorney General of the state and his or her assistants, and the prosecuting attorneys of the various counties, shall render to the Veterans Council or director secretary, without additional compensation, such legal services as may be required in the discharge of the provisions of this article."
     And,
     By amending the title of the bill to read as follows:
     Com. Sub. for H. B. 4268 - "A Bill to repeal §9A-1-13, §9A-1-14 and §9A-1-15 of the Code of West Virginia, 1931, as amended; and to amend and reenact §9A-1-2, §9A-1-4, §9A-1-5, §9A-1-6, §9A-1-8, §9A-1-9, §9A-1-10, §9A-1-11 and §9A-1-12 of said code, all relating to the Department of Veterans Assistance; removing outdated language; providing additional powers to the Secretary of Department of Veterans Assistance; modifying the duties of the Veterans Council; authorizing the Secretary to award grants to provide transportation for veterans; and authorizing the Secretary of the Department of Veterans Assistance to enter into agreement with the Commissioner of the Department of Agriculture to transfer certain property for construction of a veterans skilled nursing facility."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 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: Longstreth, J. Nelson and Raines.
    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. 4268) 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. 4278, Rewriting the procedure by which corporations may obtain authorization from the West Virginia Board of Medicine to practice medicine and surgery.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§30-3-15. Certificate of authorization requirements for medical
and podiatry corporations.
     (a) Unlawful acts. - It is unlawful for any corporation to practice or offer to practice medicine and surgery or podiatry in this state without a certificate of authorization issued by the board designating the corporation as an authorized medical or podiatry corporation.
     (b) Certificate of authorization for in-state medical or podiatry corporation. - One or more physicians licensed to practice medicine and surgery in this state under this article, or one or more physicians licensed under this article and one or more physicians licensed under article fourteen of this chapter, or one or more podiatrists licensed to practice podiatry in this state may receive a certificate of authorization from the board to be designated a medical or podiatry corporation by:
     (1) Filing a written application with the board on a form prescribed by the board;
     (2) Furnishing satisfactory proof to the board that each shareholder of the proposed medical or podiatry corporation is a licensed physician or podiatrist pursuant to this article or article fourteen of this chapter; and
     (3) Submitting applicable fees which are not refundable.
     (c) Certificate of authorization for out-of-state medical or podiatry corporation. - A medical or podiatry corporation formed outside of this state for the purpose of engaging in the practice of medicine and surgery or the practice of podiatry may receive a certificate of authorization from the board to be designated a foreign medical or podiatry corporation by:
     (1) Filing a written application with the board on a form prescribed by the board;
     (2) Furnishing satisfactory proof to the board that the medical or podiatry corporation has received a certificate of authorization or similar authorization from the appropriate authorities as a medical or podiatry corporation, or professional corporation in its state of incorporation and is currently in good standing with that authority;
     (3) Furnishing satisfactory proof to the board that at least one shareholder of the proposed medical or podiatry corporation is a licensed physician or podiatrist pursuant to this article and is designated as the corporate representative for all communications with the board regarding the designation and continuing authorization of the corporation as a foreign medical or podiatry corporation;
     (4) Furnishing satisfactory proof to the board that all of the medical or podiatry corporations shareholders are licensed physicians or podiatrists in one or more states and submitting a complete list of the shareholders, including each shareholders name, their state or states of licensure and their license number(s); and
     (5) Submitting applicable fees which are not refundable.
     (d) Notice of certificate of authorization to Secretary of State - When the board issues a certificate of authorization to a medical or podiatry corporation, then the board shall notify the Secretary of State that a certificate of authorization has been issued. When the Secretary of State receives a notification from the board, he or she shall attach that certificate of authorization to the corporation application and, upon compliance by the corporation with the pertinent provisions of this code, shall notify the incorporators that the medical or podiatry corporation, through licensed physicians or licensed podiatrists, may engage in the practice of medicine and surgery or the practice of podiatry in West Virginia.
     (e) Authorized practice of medical or podiatry corporation - An authorized medical corporation may only practice medicine and surgery through individual physicians licensed to practice medicine and surgery in this state. An authorized podiatry corporation may only practice podiatry through individual podiatrists licensed to practice podiatry in this state. Physicians or podiatrists may be employees rather than shareholders of a medical or podiatry corporation, and nothing herein requires a license for or other legal authorization of, any individual employed by a medical or podiatry corporation to perform services for which no license or other legal authorization is otherwise required.
     (f) Renewal of certificate of authorization - A medical or podiatry corporation holding a certificate of authorization shall register biennially, on or before the expiration date on its certificate of authorization, on a form prescribed by the board, and pay a biennial fee. If a medical or podiatry corporation does not timely renew its certificate of authorization, then its certificate of authorization automatically expires.
     (g) Renewal for expired certificate of authorization - A medical or podiatry corporation whose certificate of authorization has expired may reapply for a certificate of authorization by submitting a new application and application fee in conformity with subsection (b) or (c) of this section.
     (h) Ceasing operation -- In-state medical or podiatry corporation. - A medical or podiatry corporation formed in this state and holding a certificate of authorization shall cease to engage in the practice of medicine, surgery or podiatry when notified by the board that:
     (1) One of its shareholders is no longer a duly licensed physician or podiatrist in this state; or
     (2) The shares of the medical or podiatry corporation have been sold or transferred to a person who is not a licensed physician or podiatrist in this state. The personal representative of a deceased shareholder shall have a period, not to exceed twelve months from the date of the shareholders death, to transfer the shares. Nothing herein affects the existence of the medical or podiatry corporation or its right to continue to operate for all lawful purposes other than the practice of medicine and surgery or the practice of podiatry.
     (I) Ceasing operation -- Out-of-state medical or podiatry corporation. - A medical or podiatry corporation formed outside of this state and holding a certificate of authorization shall immediately cease to engage in the practice of medicine, surgery or podiatry in this state if:
     (1) The corporate shareholders no longer include at least one shareholder who is licensed to practice as a physician or podiatrist in this state;
     (2) The corporation is notified that one of its shareholders is no longer a licensed physician or podiatrist; or
     (3) The shares of the medical or podiatry corporation have been sold or transferred to a person who is not a licensed physician or podiatrist. The personal representative of a deceased shareholder shall have a period, not to exceed twelve months from the date of the shareholders death, to transfer the shares. In order to maintain its certificate of authorization to practice medicine, surgery or podiatry during the twelve month period, the medical or podiatry corporation shall, at all times, have at least one shareholder who is a licensed physician or podiatrist in this state. Nothing herein affects the existence of the medical or podiatry corporation or its right to continue to operate for all lawful purposes other than the practice of medicine, surgery or podiatry.
     (j) Notice to Secretary of State - Within thirty days of the expiration, revocation or suspension of a certificate of authorization by the board, the board shall submit written notice to the Secretary of State.
     (k) Unlawful acts. - It is unlawful for any corporation to practice or offer to practice medicine and surgery or podiatry after its certificate of authorization has expired or been revoked, or if suspended, during the term of the suspension.
     (l) Application of section - Nothing in this section is meant or intended to change in any way the rights, duties, privileges, responsibilities and liabilities incident to the physician-patient or podiatrist-patient relationship, nor is it meant or intended to change in any way the personal character of the physician-patient or podiatrist-patient relationship.
     (m) Court evidence - A certificate of authorization issued by the board to a corporation to practice medicine and surgery or podiatry in this state that has not expired, been revoked or suspended is admissible in evidence in all courts of this state and is prima facie evidence of the facts stated therein.
     (n) Penalties - Any officer, shareholder or employee of a medical or podiatry corporation who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 per violation."
     And,
     By amending the title of the bill to read as follows:
     Com. Sub. for H. B. 4278 - "A Bill to amend and reenact §30-3-15 of the Code of West Virginia, 1931, as amended, relating to medical and podiatry corporations; declaring certain unlawful acts; clarifying the certificate of authorization requirements for in-state and out-of-state medical and podiatry corporations; setting forth the shareholder requirements; setting notice certain requirements to the Secretary of State; clarifying renewal requirements for certificate of authorization; clarifying conditions under which the medical and podiatry corporations can practice; stating requirements for ceasing operation; ensuring the physician-patient and podiatrist-patient relationships are not changed; declaring certain evidence as admissible and prima facie evidence of the facts contained; creating a misdemeanor offense; and providing criminal penalties."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 358), 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: Longstreth, J. Nelson and Raines.
    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. 4278) 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. 4298, Changing the experience requirements of the composition of the members of the West Virginia Ethics Commission.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 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.
§6B-2-1. West Virginia Ethics Commission created; members; appointment, term of office and oath; compensation and reimbursement for expenses; meetings and quorum.
     (a) There is hereby created the The West Virginia Ethics Commission is continued. consisting of twelve members, no more than seven of whom shall be members of the same political party. The members of the commission shall be appointed by the Governor with the advice and consent of the Senate. Within thirty days of the effective date of this section, the Governor shall make the initial appointments to the commission.
     
(b) No person may be appointed to the commission or continue to serve as a member of the commission who:
     (1) Holds elected or appointed office under the government of the United States, the State of West Virginia or any of its political subdivisions; or who
     (2) Is a candidate for any of those offices political office; who is employed as a registered lobbyist, or who
     (3) Is otherwise subject to the provisions of this chapter other than by reason of his or her appointment to or service on the commission; or A member may contribute to a political campaign, but no member shall hold
     (4) Holds any political party office or participate participates in a campaign relating to a referendum or other ballot issue: Provided, That a member may contribute to a political campaign.
     (b) At least two members of the commission shall have served as a member of the West Virginia Legislature; at least two members of the commission shall have been employed in a full-time elected or appointed office in state government; at least one member shall have served as an elected official in a county or municipal government or on a county school board; at least one member shall have been employed full-time as a county or municipal officer or employee; and at least two members shall have served part time as a member or director of a state, county or municipal board, commission or public service district and at least four members shall be selected from the public at large. No more than four members of the commission shall reside in the same congressional district.
     
(c) Of the initial appointments made to the commission, two shall be for a term ending one year after the effective date of this section, two for a term ending two years after the effective date of this section, two for a term ending three years after the effective date of this section, three for a term ending four years after the effective date of this section and three shall be for terms ending five years after the effective date of this section. Thereafter, terms of office shall be for five years, each term ending on the same day of the same month of the year as did the term which it succeeds. Each member shall hold office from the date of his or her appointment until the end of the term for which he or she was appointed or until his or her successor qualifies for office. When a vacancy occurs as a result of death, resignation or removal in the membership of this commission, it shall be filled by appointment within thirty days of the vacancy for the unexpired portion of the term in the same manner as original appointments.
     
(c) Commencing July 1, 2014, the Ethics Commission shall consist of the following seven members, appointed with staggered terms:
_____(1) One member who served as a member of the West Virginia Legislature;
_____(2) One member who served as an elected or appointed county official;
_____(3) One member who served as an elected or appointed municipal official;
_____(4) One member who served as an elected county school board member;
_____(5) One member who was employed as a registered lobbyist;
_____(6) One member representing the agricultural community; and
_____(7) One citizen member.__
_____
(d) Any commission member in office on June 30, 2014, who meets one of the categories for membership set out in subsection (c) of this section, may be reappointed. No more than four members of the commission shall be of the same political party.
_____
(e) After the initial staggered terms, the term of office for a commission member is five years.         No member shall serve more than two consecutive full or partial terms. and No person may be reappointed to the commission until at least two years have elapsed after the completion of a the second successive consecutive term. A member may continue to serve until a successor has been appointed and qualified.
_____
(f) All appointments shall be made by the Governor in a timely manner so as not to create a vacancy for longer than sixty days.
_____
(g) Each member must be a resident of this state during the appointment term.
_____
(h) Four members of the commission constitutes a quorum.
     (d) (I) Each member of the commission shall take and subscribe to the oath or affirmation required pursuant to section five, article IV of the Constitution of West Virginia.
     (j) A member may be removed by the Governor for substantial neglect of duty, gross misconduct in office or a violation of this chapter, after written notice and opportunity for reply.
     (e) (k) The commission, as appointed on July 1, 2014, shall meet within thirty days of the initial appointments to the commission before August 1, 2014, at a time and place to be determined by the Governor, who shall designate a member to preside at that meeting until a chairman chairperson is elected. At its the first meeting, the commission shall elect a chairman chairperson and any other officers as are necessary. The commission shall within ninety days after its the first meeting adopt rules for its procedures. The commission may use the rules in place on July 1, 2014, until those rules are amended or revoked.
_____
(f) Seven members of the commission shall constitute a quorum, except that when the commission is sitting as a hearing board pursuant to section four of this article, then five members shall constitute a quorum. Except as may be otherwise provided in this article, a majority of the total membership shall be necessary to act at all times.
     
(g) (l) Members of the commission shall receive the same compensation and 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: Provided, That to be eligible for compensation and expense reimbursement, the member must participate in a meeting or adjudicatory session: Provided, however, That the member is not eligible for expense reimbursement if he or she does not attend a meeting or adjudicatory session in person.
     (h) (m) The commission shall appoint an executive director to assist the commission in carrying out its functions in accordance with commission rules and with applicable law. The executive director shall be paid a salary fixed by the commission or as otherwise provided by law. The commission shall appoint and discharge counsel and employees and shall fix the compensation of employees and prescribe their duties. Counsel to the commission shall advise the commission on all legal matters and on the instruction of the commission may commence appropriate civil actions: Provided, That no counsel shall both advise the commission and act in a representative capacity in any proceeding.
     (I) (n) The commission may delegate authority to the chairman chairperson or the executive director to act in the name of the commission between meetings of the commission, except that the commission shall not delegate the power to hold hearings and determine violations to the chairman chairperson or the executive director.
     (j) (o) The principal office of the commission shall be in the seat of government, but it or its designated subcommittees may meet and exercise its power at any other place in the state. Meetings of the commission shall be public unless:
     (1) They are required to be private by the provisions of this chapter relating to confidentiality; or
     (2) They involve discussions of commission personnel, planned or ongoing litigation, and planned or ongoing investigations.
     (k) (p) Meetings of the commission shall be upon the call of the chair chairperson and may be conducted by telephonic or other electronic conferencing means: Provided, That telephone or other electronic conferencing, and voting are not permitted when the commission is acting as a hearing board under section four of this article, or when the Probable Cause Review Board meets to receive an oral response as authorized under subsection (d), section four of this article. Members shall be given notice of meetings held by telephone or other electronic conferencing in the same manner as meetings at which the members are required to attend in person. Telephone or other electronic conferences shall be electronically recorded and the recordings shall be retained by the commission in accordance with its record retention policy."
     And,
     By amending the title of the bill to read as follows:
     Com. Sub. for H. B. 4298 - "A Bill to amend and reenact §6B-2-1 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Ethics Commission; continuing the Ethics Commission; changing the requirements of who can be a member of the Ethics Commission; reducing the number of members on the Commission to seven; and changing the composition of the membership."
     On motion of Delegate White, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Delegate Frich noted to the Clerk that she be recorded in the Journal as voting "Nay" on the motion to concur with the Senate amendments to H. B. 4298, Changing the experience requirements of the composition of the members of the West Virginia Ethics Commission.
     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. 4312, Creating a certification for emergency medical technician-industrial.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
     "That the Code of West Virginia, 1931, be amended by adding thereto a new section, designated §16-4C-6c; and that §22A-10-1 of said code be amended and reenacted, all to read as follows:
CHAPTER 16. PUBLIC HEALTH.

ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.
§16-4C-6c. Certification requirements for emergency medical     technician-industrial.
     (a) Commencing July 1, 2014, an applicant for certification as an emergency medical technician-industrial shall:
     (1) Be at least eighteen years old;
     (2) Apply on a form prescribed by the Commissioner;
     (3) Pay the application fee;
     (4) Possess a valid cardiopulmonary resuscitation (CPR) certification;
     (5) Successfully complete an emergency medical technician-industrial education program authorized by the Commissioner in consultation with the Board of Miner Training, Education and Certification; and
     (6) Successfully complete emergency medical technician-industrial cognitive and skills examinations authorized by the Commissioner in consultation with the Board of Miner Training, Education and Certification.
     (b) The emergency medical technician-industrial certification is valid for three years.
     (c) A certified emergency medical technician-industrial is only authorized to practice during his or her regular employment on industrial property. For the purposes of this section, industrial property means property being used for production, extraction or manufacturing activities.
     (d) To be recertified as an emergency medical technician-industrial, a certificate holder shall:
     (1) Apply on a form prescribed by the commissioner;
     (2) Pay the application fee;
     (3) Possess a valid cardiopulmonary resuscitation (CPR) certification;
     (4) Successfully complete one of the following:
     (A) A one-time thirty-two hour emergency medical technician-industrial recertification course authorized by the commissioner in consultation with the Board of Miner Training, Education and Certification; or
     (B) Three annual eight-hour retraining and testing programs authorized by the commissioner in consultation with the Board of Miner Training, Education and Certification; and
     (5) Successfully complete emergency medical technician-industrial cognitive and skills recertification examinations authorized by the commissioner in consultation with the Board of Miner Training, Education and Certification.
     (e) Commencing July 1, 2014, the certification for emergency medical technician-miner, also known as emergency medical technician-mining, shall be known as the certification for emergency medical technician-industrial, and the certification is valid until the original expiration date, at which time the person may recertify as an emergency medical technician-industrial pursuant to this section.
     (f) The education program, training, courses, and cognitive and skills examinations required for certification and recertification as an emergency medical technician-miner, also known as emergency medical technician-mining, in existence on January 1, 2014, shall remain in effect for the certification and recertification of emergency medical technician-industrial until they are changed by legislative rule by the commissioner in consultation with the Board of Miner Training, Education and Certification.
     (g) The administration of the emergency medical technician-industrial certification and recertification program by the commissioner shall be done in consultation with the Board of Miner Training, Education and Certification.
     (h) The commissioner shall propose rules for legislative approval, pursuant to the provisions of article three, chapter twenty-nine-a of this code, in consultation with the Board of Miner Training, Education and Certification, and may propose emergency rules, to:
     (1) Establish emergency medical technician-industrial certification and recertification courses and examinations;
     (2) Authorize providers to administer the certification and recertification courses and examinations, including mine training personnel, independent trainers, community and technical colleges, and Regional Educational Service Agencies (RESA): Provided, That the mine training personnel and independent trainers must have a valid cardiopulmonary resuscitation (CPR) certification and must be an approved MSHA or OSHA certified instructor;
     (3) Establish a fee schedule: Provided, That the application fee may not exceed ten dollars and there shall be no fee for a certificate; and
     (4) Implement the provisions of this section.
CHAPTER 22A. MINERS HEALTH, SAFETY AND TRAINING.

ARTICLE 10. EMERGENCY MEDICAL PERSONNEL.
§22A-10-1. Emergency personnel in coal mines.
     (a) Emergency medical services personnel must be employed on each shift at every mine that:
     (1) Employs more than ten employees; and
     (2) Has more than eight persons present on the shift.
     (b) The emergency medical services personnel must be employed at their regular duties at a central location or, when more than one person is required pursuant to the provisions of subsection (b) (d) of this section, at a location which provides for convenient, quick response to an emergency. The emergency medical services personnel must have available to them at all times such equipment prescribed by the Director of the Office of Miners Health, Safety and Training, in consultation with the Commissioner of the Bureau of for Public Health.
     (b) After July 1, 2000, (c) Emergency medical services personnel means any person certified by the Commissioner of the Bureau of for Public Health, or authorities recognized and approved by the commissioner, to provide emergency medical services as authorized in article four-c, chapter sixteen of this code, and including emergency medical technician-mining -industrial.
     (d) At least one emergency medical services personnel shall be employed at a mine for every fifty employees or any part thereof who are engaged at any time, in the extraction, production or preparation of coal.
     (c) A training course designed specifically for certification of emergency medical technician- mining, shall be developed at the earliest practicable time by the commissioner of the bureau of public health in consultation with the board of miner training, education and certification. The training course for initial certification as an emergency medical technician-mining shall not be less than sixty hours, which shall include, but is not limited to, basic life support skills and emergency room observation or other equivalent practical exposure to emergencies as prescribed by the commissioner of the bureau of public health.
     
(d) The maintenance of a valid emergency medical technician-mining certificate may be accomplished without taking a three-year recertification examination: Provided, That the emergency medical technician-mining personnel completes an eight-hour annual retraining and testing program prescribed by the commissioner of the bureau of public health in consultation with the board of miner training, education and certification.
     
(e) Commencing July 1, 2014, the certification for emergency medical technician-miner, also known as emergency medical technician-mining, shall be known as the certification for emergency medical technician-industrial, and the certification is valid until the original expiration date, at which time the person may recertify as an emergency medical technician-industrial pursuant to section six-c, article four-c, chapter sixteen of this code.
_____(f) A person wanting to be certified or recertified as an emergency medical technician- industrial must comply with the provisions of section six-c, article four-c, chapter sixteen of this code."
     And,
     By amending the title of the bill to read as follows:
     Com. Sub. for H. B. 4312 - "A Bill to amend the Code of West Virginia, 1931, by adding thereto a new section, designated §16-4C-6c; and to amend and reenact §22A-10-1 of said code, all relating to creating a certification for emergency medical technician-industrial; establishing the certification and recertification requirements; specifying the term of the certification; restricting the practice of emergency medical technician-industrial; clarifying that emergency medical technician- industrial certification replaces emergency medical technician-miner certification; allowing the emergency medical technician-miner certification courses and examinations to be used for emergency medical technician-industrial certification; and authorizing rulemaking authority for Commissioner of Bureau for Public Health in consultation with the Board of Miner Training, Education and Certification."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 359), 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: Longstreth, J. Nelson and Raines.
    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. 4312) 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, to take effect from passage, a bill of the House of Delegates, as follows:
     Com. Sub. for H. B. 4318, Continuing education of veterans mental health.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.
§30-1-7a. Continuing education.

     (a) Each board referred to in this chapter shall establish continuing education requirements as a prerequisite to license renewal. Each board shall develop continuing education criteria appropriate to its discipline, which shall include, but not be limited to, course content, course approval, hours required and reporting periods.
     (b) Notwithstanding any other provision of this code or the provision of any rule to the contrary, each person issued a license to practice medicine and surgery or a license to practice podiatry or licensed as a physician assistant by the West Virginia Board of Medicine, each person issued a license to practice dentistry by the West Virginia Board of Dental Examiners, each person issued a license to practice optometry by the West Virginia Board of Optometry, each person licensed as a pharmacist by the West Virginia Board of Pharmacy, each person licensed to practice registered professional nursing or licensed as an advanced nurse practitioner by the West Virginia Board of Examiners for Registered Professional Nurses, each person licensed as a licensed practical nurse by the West Virginia State Board of Examiners for Licensed Practical Nurses and each person licensed to practice medicine and surgery as an osteopathic physician and surgeon or licensed or certified as an osteopathic physician assistant by the West Virginia Board of Osteopathy shall complete drug diversion training and best practice prescribing of controlled substances training, as the trainings are established by his or her respective licensing board, if that person prescribes, administers, or dispenses a controlled substance, as that term is defined in section one hundred one, article one, chapter sixty-a of this code.
     (1) Notwithstanding any other provision of this code or the provision of any rule to the contrary, the West Virginia Board of Medicine, the West Virginia Board of Dental Examiners, the West Virginia Board of Optometry, the West Virginia Board of Pharmacy, the West Virginia Board of Examiners for Registered Professional Nurses, the West Virginia State Board of Examiners for Licensed Practical Nurses and the West Virginia Board of Osteopathy shall establish continuing education requirements and criteria appropriate to their respective discipline on the subject of drug diversion training and best practice prescribing of controlled substances training for each person issued a license or certificate by their respective board who prescribes, administers or dispenses a controlled substance, as that term is defined in section one hundred one, article one, chapter sixty-a of this code, and shall develop a certification form pursuant to subdivision (b)(2) of this section.
     (2) Each person who receives his or her initial license or certificate from any of the boards set forth in subsection (b) shall complete the continuing education requirements set forth in subsection (b) within one year of receiving his or her initial license from that board and each person licensed or certified by any of the boards set forth in subsection (b) who has held his or her license or certificate for longer than one year shall complete the continuing education requirements set forth in subsection (b) as a prerequisite to each license renewal: Provided, That a person subject to subsection (b) may waive the continuing education requirements for license renewal set forth in subsection (b) if he or she completes and submits to his or her licensing board a certification form developed by his or her licensing board attesting that he or she has not prescribed, administered, or dispensed a controlled substance, as that term is defined in section one hundred one, article one, chapter sixty-a of this code, during the entire applicable reporting period.
     (c) Notwithstanding any other provision of this code or the provision of any rule to the contrary, each person licensed to practice registered professional nursing or licensed as an advanced nurse practitioner by the West Virginia Board of Examiners for Registered Professional Nurses, each person licensed as a licensed practical nurse by the West Virginia State Board of Examiners for Licensed Practical Nurses, each person issued a license to practice midwifery as a nurse-midwife by the West Virginia Board of Examiners for Registered Professional Nurses, each person issued a license to practice chiropractic by the West Virginia Board of Chiropractic, each person licensed to practice psychology by the Board of Examiners of Psychologists, each person licensed to practice social work by the West Virginia Board of Social Work, and each person licensed to practice professional counseling by the West Virginia Board of Examiners in Counseling, shall complete two hours of continuing education for each reporting period on mental health conditions common to veterans and family members of veterans, as the continuing education is established or approved by his or her respective licensing board. The two hours shall be part of the total hours of continuing education required by each board and not two additional hours.
_____(1) Notwithstanding any other provision of this code or the provision of any rule to the contrary, on or before July 1, 2015, the boards referred to in this subsection shall establish continuing education requirements and criteria and approve continuing education coursework appropriate to their respective discipline on the subject of mental health conditions common to veterans and family members of veterans, in cooperation with the Secretary of the Department of Veterans Assistance. The continuing education shall include training on inquiring about whether the patients are veterans or family members of veterans, and screening for conditions such as post-traumatic stress disorder, risk of suicide, depression and grief, and prevention of suicide.
_____(2) On or after July 1, 2017, each person licensed by any of the boards set forth in this subsection shall complete the continuing education described herein as a prerequisite to his or her next license renewal.
"
     By amending the title of the bill to read as follows:
     Com. Sub. for H. B. 4318 - "A Bill to amend and reenact §30-1-7a of the Code of West Virginia, 1931, as amended, relating to continuing education relevant to mental health issues of veterans and their families; providing certain boards adopt continuing education courses relevant to mental health issues of veterans and their families as part of their continuing education requirements for licensure or renewal; requiring a minimum of two hours of continuing education relevant to mental health issues of veterans and their families for licensure renewal for certain professions; providing for topics to be included in the continuing education requirements; and providing when the requirements are to be completed."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 360), 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: Longstreth, J. Nelson and Raines.
    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. 4318) passed.
     Delegate White moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 361), 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: Cowles, Longstreth, J. Nelson and Raines.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4318) takes effect from its passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:
     H. B. 4332, Extending the time that certain nonprofit community groups are exempt from the moratorium on creating new nursing home beds.
     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
     Com. Sub. for H. B. 4373, Relating to driver education programs.
     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. 4410, Redefining auctioneer exceptions.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
     "That §19-2C-1, §19-2C-3, §19-2C-5, §19-2C-5a, §19-2C-6, §19-2C-6b, §19-2C-8 and §19-2C-9 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 §19-2C-3a, §19-2C-3b and §19-2C-9a, all to read as follows:
ARTICLE 2C. AUCTIONEERS.
§19-2C-1. Definitions.
     For the purposes of this article:
     (a) The term Auctioneer means and includes a person who sells goods or real estate at public auction for another on commission or for other compensation. The term auctioneer does not include:
     (1) Persons conducting sales at auctions conducted by or under the direction of any public authority or pursuant to any judicial order or direction or to any sale required by law to be at auction;
     (2) The owner of any real or personal property when personally sold at auction by such the owner and such the owner has not personally conducted an auction within the previous twelve-month period;
     (3) Persons conducting sales pursuant to a deed of trust; or other security agreement;
     (4) Fiduciaries of estates when selling real or personal property of such the estate;
     (5) Persons conducting sales on behalf of charitable, religious, fraternal or other nonprofit organizations; and
     (6) Persons properly licensed pursuant to the provisions of article twelve forty, chapter forty-seven thirty of this code when conducting an auction, any portion of which contains any leasehold or any estate in land whether corporeal or incorporeal, freehold or nonfreehold, when such the person is retained to conduct an auction by a receiver or trustee in bankruptcy, a fiduciary acting under the authority of a deed of trust or will, or a fiduciary of a decedents estate: Provided, That nothing contained in this article exempts persons conducting sales at public markets from the provisions of article two-a of this chapter, where the sale is confined solely to livestock, poultry and other agriculture and horticulture products.
     (b) The term public auction means any public sale of real or personal property when offers or bids are made by prospective purchasers and the property sold to the highest bidder.
     
(c) The term (b) Commissioner means the Commissioner of Agriculture of West Virginia.
     (d) The term (c) Department means the West Virginia Department of Agriculture.
     (d) Escrow account means a separate custodial or trust fund account maintained by the auctioneer.____
_____
(e) Public auction means any public sale of real or personal property when offers or bids are made by prospective purchasers and the property sold to the highest bidder.
§19-2C-3. Procedure for license; Department of Agriculture as           statutory agent for licensees.
     
Any person who wishes to conduct an auction as
     (a) An applicant for an auctioneer may apply for a license shall:
     (1) Apply on forms prescribed by the commissioner; and containing such information as the commissioner may require by a legislative rule promulgated in accordance with article three, chapter twenty-nine-a of this code.
     
(2) Pay a nonreturnable application fee of $50 shall accompany each application as well as and a license fee; and of $50. All fees collected under this article shall be paid into a special revenue fund in the State Treasury to be used by the Department of Agriculture for the expressed purpose of administering and enforcing this article and for providing continuing education for auctioneers: Provided, That for the fiscal year ending June 30, 1997, fees collected under this article shall be paid into the state fund, general revenue.
     In addition to the payment of fees, an applicant shall
     (3) File with his or her application a bond as required in section four of by this article.
     (b) The commissioner shall, within thirty days after the receipt of an application, notify the applicant of his or her eligibility to be examined at the next regularly scheduled examination, as well as the date of the examination.
     In the event (c) If the license is denied, the commissioner shall refund the license fee submitted with the application to the applicant.
     (d) All licenses issued expire on December 31 of each year. but are renewable A license may be renewed upon the payment of the annual license renewal fee within sixty days of the expiration date. Renewals received more than sixty days after the expiration date are subject to a late renewal fee of $25 in addition to the annual renewal fee. The commissioner shall may not renew licenses which have
     (e) A license that has been expired for more than two years and cannot be renewed until the auctioneer or apprentice auctioneer shall take takes the written and oral examination, and pay pays the examination fee in order to renew his or her license. The commissioner shall may not renew a license unless the applicant and complies with the other requirements of this article.
     (f) Where an auctioneer or apprentice auctioneer requires a duplicate or replacement license or a license reflecting a change in information, the auctioneer or apprentice auctioneer shall submit a the fee of $5 with the request.
     (g) The state Department of Agriculture is the agent for the purpose of service of process on any a licensed auctioneer for any action occasioned by the performance of the duties of the auctioneer. Every licensed auctioneer, by virtue of his or her application for a license, shall be considered to have consented to the statutory agency.
§19-2C-3a. Rulemaking.
     (a) The commissioner shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to:
     (1) Establish the license requirements for auctioneers and apprentice auctioneers, including the bond requirements;
     (2) Set a fee schedule;
     (3) Establish the renewal and expiration requirements for licenses;
     (4) Establish the continuing education requirements for licensees;
     (5) Establish waiver of examination requirements for apprentice auctioneers;
     (6) Permit consent agreements or negotiated settlements for the civil penalties; and
     (7) Implement the provisions of this article.
     (b) The fees in effect on January 1, 2014, shall remain in effect until modified by legislative rule.
§19-2C-3b. Special revenue fund.
     All fees collected under this article shall be paid into a special revenue fund in the State Treasury to be used by the Department of Agriculture for the purpose of administering and enforcing this article, and providing continuing education for auctioneers.
§19-2C-5. Requirements for auctioneer license; duties of licensee.
     
(1) Each (a) A person seeking a an auctioneer license hereunder after the effective date of this section shall submit satisfactory evidence to the commissioner showing that he or she:
     (a) That he or she (1) Has successfully completed the written and oral examinations provided for in required by this article;
     (b) That He or she (2) Has a good reputation;
     (c) That He or she (3) Is of trustworthy character;
     (d) That He or she (4) Has met the apprenticeship requirements set forth in this article, if applicable;
     (e) That He or she (5) Is a citizen of the United States; and
     (f) That he or she (6) Has a general knowledge of the auctioneering profession and the principles involved in conducting an auction.
     (2) The commissioner shall promulgate propose such reasonable rules and regulations as he or she considers necessary to carry out the intent and the administration and enforcement of this article, which said rules and regulations shall be promulgated proposed for legislative approval in accordance with the applicable provisions of chapter twenty-nine-a of this code.
     
(3) Each (b) A licensee shall:
     (1) Promptly produce for inspection such his or her license at all sales conducted by or participated in by such the licensee when requested to do so by any person; and shall
     (2) Keep complete and accurate records of all transactions engaged in for a period of six months, which three years.
_____(c) For the purposes of this section, the term record includes, but is not limited to:
_____(1) Copies of signed contracts, including the names of buyers and their addresses;
_____(2) Clerk sheets showing items sold, including buyers numbers or names, and the selling prices; and
_____(3) Final settlement papers.
_____(d) The records of the auctioneer shall be open to inspection by the commissioner or his or her authorized representative.
§19-2C-5a. Examinations of applicants; excuse for illness.
     
(a) Examinations shall be held in April and October of each year, at a time and place to be designated by the commissioner or his or her authorized representative.
     Any (b) An individual auctioneer applicant may take the examination for auctioneer or apprentice auctioneer at the regularly scheduled time and place.
     (c) The apprentice auctioneers examination shall consist of a written examination.
     (d) The auctioneers examination will shall consist of both a written and oral examination. The passing grade for any written or oral examination shall be seventy percent out of one hundred percent. The oral portion will be scored by the commissioner or his or her authorized representative.
     (e) If the applicant fails either the written or oral portion of the examination, no license will be issued and he or she shall may not be administered the examination again until the next regularly scheduled examination date.
     (f) A person who is qualified for a auctioneers has an auctioneer license as provided for in this article is considered to be a professional in his or her trade.
     (g) Only one notice only of the examination shall will be mailed or emailed to the applicant at the address given on the application. If the applicant fails to appear for such an examination, except as provided herein in this subsection, a new application and a new fee shall be required. No fee shall will be returned, except when the applicant fails to take the examination because of illness evidenced by a doctors certificate sent to the commissioner. If excused because of illness, the applicant shall be admitted to the next scheduled examination without paying an additional fee. No applicant shall may be excused from taking the scheduled examination for any reason other than illness, unless in the judgment of the commissioner the applicant would suffer undue hardship by not being excused.
     (h) An examination fee of $50, in addition to and any other fees required by this article, shall be collected from each person taking such an examination. If the applicant has previously paid the examination fee and successfully completed the apprentice auctioneers examination, no additional examination fee will be required to take the auctioneers examination. as provided for in this article
     
(I) If the commissioner determines that an applicant does not qualify for a license, he or she shall so notify the applicant by certified mail. The notice shall state:
     (1) The reason for the refusal to grant a license; and
     (2) The applicants right to appeal the commissioners decision within twenty days of receipt of the notice.
     (j) An examination shall is not be required for the renewal of any a license, unless such the license has been revoked or suspended, or has expired. in which case the applicant may be required, by If the license was revoked or suspended, then the commissioner may require a person to take and pass any a written or oral examination. required by the department In cases where If a license has been expired for more than two years and was not been revoked or suspended, then the applicant is required to take and pass any written and oral examinations required by the department commissioner. The commissioner is hereby authorized to promulgate as he or she considers necessary for the renewal of auctioneer licenses, including, but not limited to, requirements for continuing education of auctioneers.
§19-2C-6. Requirements for apprentice auctioneer license.
     
The Department of Agriculture may grant apprentice auctioneers licenses to those persons considered qualified by the commissioner. Every applicant for
     (a) A person seeking an apprentice auctioneers auctioneer license must take and pass a written examination relating to the skills and knowledge and statutes and regulations governing auctioneers. Every applicant shall furnish to the commissioner, on forms provided by the department commissioner, satisfactory proof of the following that he or she:
_____
(a) That he or she (1) Has a good reputation;
     (b) That he or she (2) Is a trustworthy character; and
     
(c) That he or she (3) Is a citizen of the United States; and
_____(4) Has taken and passed a written examination relating to the skills and knowledge of the statutes and rules governing auctioneers.

     Any (b) An apprentice auctioneer may take the examination to become an auctioneer after completing one of the following:
     (1) Serving a two-year apprenticeship under a licensed auctioneer; or Provided, That if the apprentice auctioneer has attended
     (2) Attending a nationally accredited graduate school of auctioneering, approved by the commissioner, he or she shall serve and serving an apprenticeship of only six months.
     (c) Before an apprentice auctioneer may take the auctioneers examination, the apprentice auctioneer shall conduct at least six auction sales under the direct supervision of the sponsoring auctioneer. The commissioner may waive the requirements of this section, on an individual basis, upon the presentation of written evidence that the applicant has educational training or exceptional experience in the auctioneering profession and that the applicant has been unable to obtain sponsorship by a licensed auctioneer: Provided, however, That the commissioner shall promulgate rules and regulations setting forth educational and experience qualifications which would entitle an individual to a waiver of the provisions of this section: Provided further, That the commissioner shall may not waive apprenticeship requirements for any an applicant without the concurrence of the board of review.
     (d) When any an apprentice auctioneer is discharged or terminates his or her employment with an auctioneer for any reason, the auctioneer shall immediately provide written notification to the commissioner. No discharged or terminated apprentice auctioneer shall may thereafter perform any acts under the authority of his or her license until such the apprentice auctioneer receives a new license bearing the name and address of his or her new employer. No more than one license shall may be issued to any an apprentice auctioneer for the same period of time. The fee for the transfer of the license of an apprentice auctioneer to a new employer auctioneer is $15.
     
The fee for the annual renewal of the apprentice auctioneers license is $50. Bond requirements for an apprentice auctioneer shall be established by reasonable rules and regulations promulgated by the commissioner, and both the annual renewal fee and the bond must be filed with the Department of Agriculture: Provided, That the bond required by this section shall may not be less than $5,000.
     
(e) The department shall commissioner may not issue an apprentice auctioneers auctioneer license until bond has been filed. in accordance with this article All apprentice auctioneer licenses expire on December 31 of each year, but are renewable upon the payment of the annual fee.
     (f) A person cannot be licensed as an apprentice auctioneer for more than three years without applying for an auctioneer license. Should an apprentice auctioneer allow the three year limit to lapse, then the apprentice auctioneer shall be required to take the apprentice examination and meet all the requirements of this article.
§19-2C-6b. Duties and responsibilities of an apprentice auctioneer and a sponsoring auctioneer.
     
An (a) A licensed apprentice auctioneer shall only conduct or assist in auctions under the direct supervision of his or her sponsoring auctioneer. A licensed apprentice auctioneer may not enter into a contract to conduct an auction, unless the contract is cosigned by his or her sponsoring auctioneer.
     (b) The sponsoring auctioneer is responsible for:
     (1) The actions of an apprentice auctioneer It is his responsibility to ensure adherence to this and all applicable sections of state law; Provided, That and
_____(2) Training the apprentice auctioneer in all aspects of practical business functions and duties related to the auctioneering profession.
_____(c) Should an apprentice auctioneer fail to pass both the written and oral examinations to become a fully licensed auctioneer in two consecutive testing sessions, the sponsorship will be terminated. The apprentice auctioneer will be permitted one additional opportunity to pass the oral and written auctioneer examinations only after serving another six month apprenticeship under a different sponsoring auctioneer.
_____(d) A sponsoring auctioneer relieved of his or her sponsorship will not be considered for another sponsorship unless he or she provides a written affidavit to the commissioner that he or she fully understands the responsibilities of a sponsoring auctioneer and gives the details as to what additional training will be provided to a new apprentice auctioneer. If the commissioner or his or her representative approves the presented plan, then an auctioneer may be permitted to sponsor a new apprentice auctioneer.

     (e) If the an apprentice auctioneer conducts auctions an auction without the consent of his sponsor or her sponsoring auctioneer, then only the apprentice auctioneer is subject to the penalties set forth in section eight of this article.
§19-2C-8. Penalties.
     (a) Criminal penalties. -- Any person, firm, association or corporation violating any of the provisions a provision of this article or of the rules, and regulations adopted pursuant to the provisions thereof shall be is guilty of a misdemeanor, and upon conviction, thereof shall be fined not less than $50 $250 nor more than $200 $500 for the first offense, and not less than $400 $500 nor more than $1,000 for the second and subsequent offenses. Magistrates have concurrent jurisdiction with circuit courts to enforce the provisions of this article.
     (b) Civil penalties. -- (1) Any person violating a provision of this article or any rule or regulation adopted hereunder the rules, may be assessed a civil penalty by the commissioner. In determining the amount of any the civil penalty, the commissioner shall give due consideration to the history of previous violations of by the person, the seriousness of the violation, and the demonstrated good faith of the person charged in attempting to achieve compliance with this article before and after written notification of the violation. (2) The commissioner may assess a penalty of not more than $200 for each first offense, and not more than $1,000 for a second and subsequent offense. and (3) The civil penalty is payable to the State of West Virginia and is collectible in any manner now or hereafter provided for collection of debt. If any person liable to pay the civil penalty neglects or refuses to pay the same penalty, the amount of the civil penalty, together with interest at ten percent, is a lien in favor of the State of West Virginia upon the property, both real and personal, of such a the person after the same has been entered and docketed to record in the county where such the property is situated. The clerk of the county, upon receipt of the certified copy of such the lien, shall enter same it to record without requiring the payment of costs as a condition precedent to recording.
     (c) Notwithstanding any other provision of law to the contrary, the commissioner may promulgate and adopt rules which permit consent agreements or negotiated settlements for the civil penalties assessed as a result of violation of the provisions of this article.
     
(d) (c) No state court may allow for the recovery of damages for any administrative action taken if the court finds that there was probable cause for such action.
§19-2C-9. Written contracts.
     
(a) No person shall may act as an auctioneer on the sale at public auction of any goods, wares, merchandise or of any other property, real or personal, until he or she has entered into a written contract in duplicate with the owner or consignor of the property to be sold. containing the terms and conditions upon which the licensee receives or accepts the property for sale at auction. No apprentice auctioneer shall may be authorized to enter into a contract without the written consent of his or her sponsoring auctioneer. All contracts shall be in the name of and on behalf of the sponsoring auctioneer.
     The commissioner may require by rule the following (a) That written contracts
     
(b) The written contract shall:
     (1) State the terms and conditions upon which the auctioneer receives or accepts the property for sale at auction;
     (2) Be between the auctioneer and the seller;
     (3) Be made in duplicate;
     (b) That the original contract is to
     (4) Be retained by the auctioneer for a period of six months three years from the date of final settlement;
_____
(c) That one copy of the contract is to
     (5) Be furnished to each person that entered into the contract;
     (d) (6) State that an apprentice auctioneer may not contract directly with a client but only through his or her sponsoring auctioneer;
     (e) (7) State that an apprentice auctioneer may not engage in a sale with an auctioneer by whom he or she is not sponsored without first obtaining the written consent of his or her sponsoring auctioneer; and
     
(f) That on all contracts between an auctioneer and a seller there shall be
     (8) Have a prominent statement indicating that the auctioneer is licensed by the Department of Agriculture and is bonded in favor of the State of West Virginia; and
_____
(9) Include the following information:
     (A) The name, address and phone number of the owner of the property to be sold or the consignor;
_____(B) The date of the auction or a termination date of the contract;
_____(C) The terms and conditions of the auction;
_____(D) The location of the auction;
_____(E) The date the owner or consignor is to be paid;
_____(F) A statement establishing the responsibility for bad checks, debts and unpaid auction items;
_____(G) A detailed list of all fees to be charged by the auctioneer, including commissions, rentals, advertising and labor;
_____(H) A statement of the auctioneers policy regarding absentee bidding;
_____(I) A statement above the owners signature line: I have read and accept the terms of the contract; and
_____(J) A statement indicating that an explanation of settlement of the auction, or settlement sheet, will be provided to the owner
or consignor at the end of the auction.
§19-2C-9a. Escrow accounts.
     Each auctioneer shall maintain an escrow account and deposit all moneys from each sale from an auction in the escrow account within twenty-four hours of the completion of the sale or on the first business day following the sale, unless the owner or consignor was paid in cash directly at the end of the sale."
     And,
     By amending the title of the bill to read as follows:
     Com. Sub. for H. B. 4410 - "A Bill to amend and reenact §19-2C-1, §19-2C-3, §19-2C-5, §19-2C-5a, §19-2C-6, §19-2C-6b, §19-2C-8 and §19-2C-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §19-2C-3a, §19-2C-3b and §19-2C-9a, all relating to auctioneers and apprentice auctioneers; clarifying definitions; updating license requirements; updating duties of licensees; updating requirements for license renewals and expired licenses; authorizing rulemaking for the Commissioner of the Department of Agriculture; allowing fees to be set by legislative rule; clarifying the special fund; increasing length of record retention; clarifying examination requirements and excuses; clarifying qualifying test scores; restricting length of apprenticeship; updating duties of sponsoring auctioneer; increasing criminal penalties; requiring contracts to have certain provisions; and requiring escrow accounts."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken(Roll No. 362), and there were--yeas 92, nays 5, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Faircloth, Hamilton, Kump, Lane and Sobonya.
     Absent and Not Voting: Longstreth, J. Nelson and Raines.
    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. 4410) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
     H. B. 4431, Clarifying that persons who possess firearms, hunting dogs or other indicia of hunting do not necessarily need to have a hunting license.
     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
     H. B. 4460, Relating to violating provisions of the civil service law for paid fire departments.
     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. 4473, Relating to establishing voting precincts and changing the composition of standard receiving boards.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-5. Voting precincts and places established; number of voters in precincts; precinct map; municipal map.
     (a) The precinct shall be is the basic territorial election unit. The county commission shall divide each magisterial district of the county into election precincts, shall number the precincts, shall determine and establish the boundaries thereof and shall designate one voting place in each precinct, which place shall be established as nearly as possible at the point most convenient for the voters of the precinct. Each magisterial district shall contain at least one voting precinct and each precinct shall have but one voting place therein.
     Each precinct within any urban center shall contain not less than three hundred nor more than one thousand five hundred registered voters. Each precinct in a rural or less thickly settled area shall contain not less than two hundred nor more than seven hundred registered voters, unless upon a written finding by the county commission that establishment of or retention of a precinct of less than two hundred voters would prevent undue hardship to the voters, the Secretary of State determines that such precinct be exempt from the two hundred voter minimum limit. A county commission may permit the establishment or retention of a precinct less than the minimum numbers allowed in this subsection upon making a written finding that to do otherwise would cause undue hardship to the voters. If, at any time the number of registered voters exceeds the maximum number specified, the county commission shall rearrange the precincts within the political division so that the new precincts each contain a number of registered voters within the designated limits: Provided, That any precincts with polling places that are within a one mile radius of each other on or after July 1, 2014, may be consolidated, at the discretion of the county clerk and county commission into one or more new precincts that contain not more than three thousand registered voters in any urban center, nor more than one thousand five hundred registered voters in a rural or less thickly settled area: Provided, however, That no precincts may be consolidated pursuant to this section if the consolidation would create a geographical barrier or path of travel between voters in a precinct and their proposed new polling place that would create an undue hardship to voters of any current precinct.
     If a county commission fails to rearrange the precincts as required, any qualified voter of the county may apply for a writ of mandamus to compel the performance of this duty: Provided, That when in the discretion of the county commission, there is only one place convenient to vote within the precinct and when there are more than seven hundred registered voters within the existing precinct, the county commission may designate two or more precincts with the same geographic boundaries and which have voting places located within the same building. The county commission shall designate alphabetically the voters who will be are eligible to vote in each precinct so created. Each such precinct shall be operated separately and independently with separate voting booths, ballot boxes, election commissioners and clerks, and whenever possible, in separate rooms. No two of such the precincts may use the same counting board.
     (b) In order to facilitate the conduct of local and special elections and the use of election registration records therein, precinct boundaries shall be established to coincide with the boundaries of any municipality of the county and with the wards or other geographical districts of the municipality except in instances where found by the county commission to be wholly impracticable so to do. Governing bodies of all municipalities shall provide accurate and current maps of their boundaries to the clerk of any county commission of a county in which any portion of the municipality is located.
     (c) To facilitate the federal and state redistricting process, precinct boundaries must shall be comprised of intersecting geographic physical features or municipal boundaries recognized by the U. S. Census Bureau. For purposes of this subsection, geographic physical features include streets, roads, streams, creeks, rivers, railroad tracks and mountain ridge lines. The county commission of every county must shall modify precinct boundaries to follow geographic physical features or municipal boundaries and submit changes to the West Virginia office of Legislative Services Joint Committee on Government and Finance by June 30, 2007, and by June 30, every ten calendar years thereafter. The county commission must shall also submit precinct boundary details to the U.S. Census Bureau upon request.
     The West Virginia office of Legislative Services shall be available for consultation with the county commission regarding the precinct modification process: Provided, That nothing in this subsection removes or limits the ultimate responsibility of the county commission to modify precinct boundaries to follow geographic physical features.
     
(d) The provisions of this section are subject to the provisions of section twenty-eight, article four of this chapter relating to the number of voters in precincts in which voting machines are used.
     
(e) (d) The county commission shall keep available at all times during business hours in the courthouse at a place convenient for public inspection a map or maps of the county and municipalities with the current boundaries of all precincts.
§3-1-29. Boards of election officials; definitions, composition of boards, determination of number and type.
     (a) For the purpose of this article:
     (1) The term standard receiving board means those election officials charged with conducting the process of voting within a precinct and consists of no less than five persons, to be comprised as follows: including one team of poll clerks, one team of election commissioners for the ballot box and one additional election commissioner: Provided, That if a municipal election is held at a time when there is no county or state election, the standard receiving board is to consist of four persons, including one team of poll clerks and one team of election commissioners for the ballot box;
     
(2) The term expanded receiving board means a standard receiving board as defined in subdivision (1) of this subsection and one additional team of poll clerks;
     
(A) Each precinct shall have at least one team of poll clerks, one team of election commissioners for the ballot box and one additional election commissioner.
_____(B) At the discretion of the county clerk and county commission, any county may add additional teams of poll clerks and commissioners to any precinct, as necessary to fairly and efficiently conduct an election;
_____
(3) (2) The term counting board means those election officials charged with counting the ballots at the precinct in counties using paper ballots and includes one team of poll clerks, one team of election commissioners and one additional commissioner;
     (4) (3) The term team of poll clerks or team of election commissioners means two persons appointed by opposite political parties to perform the specific functions of the office: Provided, That no team of poll clerks or team of election commissioners may consist of two persons with the same registered political party affiliation or two persons registered with no political party affiliation; and
     (5) (4) The term election official trainee means an individual who is sixteen or seventeen years of age who meets the requirements of subdivisions (2), (3), (4), (5) and (6), subsection (a), section twenty-eight of this article.
     (b) The composition of boards of election officials shall be Has follows:
     
(1) In any primary, general or special election other than a presidential primary or presidential general election, each election precinct is to have one standard receiving board;
     
(2) In presidential primary and presidential general elections, each election precinct is to have one receiving board as follows:
     
(A) For precincts of less than five hundred registered voters, one standard receiving board; and
     
(B) For precincts of more than five hundred registered voters, one standard receiving board or, at the discretion of the county commission, one expanded receiving board.
     
(3) In any election conducted using paper ballots, counting boards may be allowed or required as follows:
     
(A) For any state, county or municipal special election, a counting board may be allowed at the discretion of the county commission;
     
(B) In a statewide primary or general election, one counting board is required for any precinct of more than four hundred registered voters and one counting board may be allowed, at the discretion of the county commission, for any precinct of at least two hundred but no more than four hundred registered voters; and
     
(C) In a municipal primary or general election, one counting board may be allowed, at the discretion of the municipal governing body, for any precinct of more than two hundred registered voters.
     
(c) (b) For each primary and general election in the county, the county commission shall designate the number and type of election boards for the various precincts according to the provisions of this section. At least eighty-four days before each primary and general election the county commission shall notify the county executive committees of the two major political parties in writing of the number of nominations which may be made for poll clerks and election commissioners.
     (d) (c) For each municipal election held at a time when there is no county or state election:
     (1) The governing body of the municipality shall perform the duties of the county commission as provided in this section; and
_____(2) The standard receiving board may, at the discretion of the official charged with the administration of election, consist of as few as four persons, including one team of poll clerks and one team of election commissioners for the ballot box.
"
     And,
     By amending the title of the bill to read as follows:
     Com. Sub. for H. B. 4473 - "A Bill to amend and reenact §3-1-5 and §3-1-29 of the Code of West Virginia, 1931, as amended, all relating to establishing voting precincts and changing the composition of standard receiving boards; authorizing the consolidation of certain precincts in certain circumstances; increasing the limit on the size of certain voting precincts to three thousand registered voters in urban areas and one thousand five hundred in rural areas; permitting precincts in urban or rural areas to have fewer than the minimum numbers of registered voters allowed; removing language requiring the West Virginia Office of Legislative Services to consult with county commissions regarding precinct modification; permitting an increase in the size of standard receiving boards; providing an option to have more poll workers and commissioners; and permitting fewer poll workers in precincts during a municipal election where there is no simultaneous state or county election."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 363), and there were--yeas 90, nays 7, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Frich, Householder, Howell, Kump, Manypenny, Miller and Sobonya.
     Absent and Not Voting: Longstreth, J. Nelson and Raines.
    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. 4473) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
     H. B. 4529, Relating to the sale of wine.
     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
     Com. Sub. for H. B. 4538, Relating to the Board of Dentistry.
     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. 4552, Relating to the court of claims.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page fifteen, section twenty-eight, lines ten and eleven, by striking out the words "any other court of this state" and inserting in lieu thereof the words "are not subject to judicial review".      On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 364), 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: Longstreth, J. Nelson and Raines.
    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. 4552) 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 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. 4619, Authorizing innovation school districts.
     The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
     Senators Wells, Beach and Jenkins.
     On motion of Delegate White, 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 Lawrence, Young and Cooper.
     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. 4621, Expiring funds to the Board of Risk and Insurance Management, Patient Injury Compensation Fund from the Board of Risk and Insurance Management Medical Liability Fund.
     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:
     H. C. R. 17, The "Captain Isaac Alt West Virginia Militia Memorial Bridge".
     On motion of Delegate White, the resolution was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page two, in the Resolved clause, by striking out the words "Captain Isaac Alt West Virginia Militia" and inserting in lieu thereof "West Virginia Militia Captain Isaac Alt".
     On page two, in the first Further Resolved clause, by striking out the words "Captain Isaac Alt West Virginia Militia" and inserting in lieu thereof "West Virginia Militia Captain Isaac Alt".
     And,
     By amending the title of the resolution to read as follows:
     Com. Sub. for H. C. R. 17 - "Requesting the Division of Highways to name the bridge locally known as the North Mill Creek Bridge on Route 220, Pendleton County, bridge number 36-220-32.32 (36A166), as the West Virginia Militia Captain Isaac Alt Memorial Bridge."
     On motion of Delegate White, the House concurred in the Senate amendments.
     The resolution, as amended by the Senate, was then adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:
     Com. Sub. for H. C. R. 28, William S. (Bill) Croaff Memorial Bridge.
     On motion of Delegate White, the resolution was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page two, in the Resolved clause, before the word "William", by inserting the words "U. S. Army PFC".
     On page two, in the first Further Resolved clause, before the word "William", by inserting the words "U. S. Army PFC".
     And,
     By amending the title of the resolution to read as follows:
     Com. Sub. for H. C. R. 28 - "Requesting the Division of Highways to name bridge number 30-49-0.01 (30A056) on Route 49 in Mingo County, the U. S. Army PFC William S. (Bill) Croaff Memorial Bridge."
     On motion of Delegate White, the House concurred in the Senate amendments.
     The resolution, as amended by the Senate, was then adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:
     Com. Sub. for H. C. R. 34, Marine Private Rudy Varney Bridge - Purple Heart Recipient.
     On motion of Delegate White, the resolution was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the title and inserting in lieu thereof the following:
     "Whereas, USMC Private Varney served as a Marine in the Vietnam War, receiving a Purple Heart for wounds sustained on April 14, 1968, in the Battle of Khe Sahn; and
     Whereas, USMC Private Varney returned to America after the Vietnam War and dedicated his life to serving veterans from Southern West Virginia, establishing and assuming roles of leadership in numerous programs to include the Commander of the local chapter of the Vietnam Veterans of America for over twenty years and has served in leadership positions on numerous other veterans organizations as well; and
     Whereas, USMC Private Varney was assigned to the Governors Council for Veterans Issues across West Virginia; and
     Whereas, USMC Private Varney served as a Veterans driver for years transporting countless veterans to and from appointments at the Veterans Administration Hospitals across the state to ensure all veteran issues were addressed; and
     Whereas, USMC Private Varney is solely responsible for the survival and success of the Henlawson Veterans Center, working to establish programs and opportunities that have assisted countless veterans over the past three decades; and
     Whereas, USMC Private Varney has served on numerous veteran boards, committees and panels established by past governors, elected officials and key veteran leaders to address veterans issues such as homelessness and the creation of veteran graveyards across Southern West Virginia; and
     Whereas, USMC Private Varney has worked closely with the Logan Empowerment, Action and Development Community Organization on events such as Operation Santa and Operation Clean Sweep and the Homeless Count to assist those in need, set an example for others to follow and made Logan a better place to live; and
     Whereas, It is fitting that an enduring testament be established to recognize this native son who has so ably served his state and his country; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 23-10-22.06 (23A040) on Route 10 in Logan County, West Virginia, the 'USMC Private Rudy Varney Bridge'; and, be it
     Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the 'USMC Private Rudy Varney Bridge'; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and Rudy Varney."
     And,
     By amending the title of the resolution to read as follows:
     Com. Sub. for H. C. R. 34 - "Requesting that bridge number 23-10-22.06 (23A040) on Route 10 in Logan County, West Virginia, be named the USMC Private Rudy Varney Bridge."
     On motion of Delegate White, the House concurred in the Senate amendments.
     The resolution, as amended by the Senate, was then adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
     H. C. R. 40, Designating "Take Me Home Country Roads" an official state song.
     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:
     H. C. R. 49, Army PFC Lilborn Dillon Memorial Road.
     On motion of Delegate White, the resolution was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page two, in the Resolved clause, before the word "Army", by inserting "U. S.".
     On page two, in the first Further Resolved clause, before the word "Army", by inserting "U. S.".
     And,
     By amending the title of the resolution to read as follows:
     H. C. R. 49 - "Requesting that the 0.2 mile of roadway beginning at the Crawley Creek exit off Route 119/27 at Chapmanville in Logan County, West Virginia, and ending at Route 3 be named the U. S. Army PFC Lilborn Dillon Memorial Road."
     On motion of Delegate White, the House concurred in the Senate amendments.
     The resolution, as amended by the Senate, was then adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:
     Com. Sub. for H. C. R. 52, Kenneth A. Chapman Sr. Memorial Bridge.
     On motion of Delegate White, the resolution was taken up for immediate consideration.
     The following Senate amendment was reported by the Clerk:
     On page one, by striking out everything after the title and inserting in lieu thereof the following:
     "Whereas, Kenneth A. Chapman was born September 17, 1956, a son of the late Clarence and Pearl Chapman; and
     Whereas, Kenneth A. Chapman was raised on Maple Fork Road in Raleigh County along with his ten brothers and two sisters; and
     Whereas, Kenneth A. Chapman was a third generation coal miner who followed his father and grandfather into the mines; and
     Whereas, Kenneth A. Chapman was tragically killed on April 5, 2010, along with 28 other miners in the Upper Big Branch mine explosion; and
     Whereas, Kenneth A. Chapman was a devoted family man who always had a smile on his face, and who enjoyed hunting, fishing and working in his garden; and
     Whereas, Kenneth A. Chapman was preceded in death by three brothers, Billy, Robert, and Clarence Chapman, and two sisters-in-law, Carol Chapman and Joyce Chapman; and those left to cherish his loving memory include his wife, Laura Chapman; children by his first marriage, Donna Griffith and husband, Matthew, Vicky Williams and husband, Richard, Kenny Chapman, Jr. and wife, Deniese; a son by his second marriage, Michael Austin Chapman; his other children, Jason McMillion, Carol Massey, and Jubal McMillion and wife, Sarah; brothers and sisters, Charles Chapman and wife, Grace, Glen Chapman and wife, Judy, Dennis Chapman and wife, Gaye, Henry Chapman and wife, Theresia, Larry Chapman and wife, Betty, Linda Frye and husband, Ronnie, Breanda Bailey and husband, Glenn, Jimmy Chapman and wife, Brenda, Ronnie Chapman and wife, Lisa; and numerous grandchildren, nieces, nephews and extended family; and
     Whereas, Kenneth A. Chapman not only loved his family, he loved his job because it was in his blood and he felt like he was making a contribution to 'help keep the lights on' for all of us; and
     Whereas, It is only fitting that we name this bridge on Maple Fork Road to honor Kenneth A. Chapman, where he lived all his life and is now buried; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 41-1-24.51 (41A009) on Maple Fork Road where it connects with Cirtsville Road in Raleigh County, the 'Kenneth A. Chapman Memorial Bridge'; and, be it
     Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the 'Kenneth A. Chapman Memorial Bridge'; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to Kenneth A. Chapmans sister, Breanda Chapman Bailey, and family."
     And,
     By amending the title of the resolution to read as follows:
     Com. Sub. for H. C. R. 52 - "Requesting the Division of Highways to name bridge number 41-1-24.51 (41A009) on Maple Fork Road where it connects with Cirtsville Road in Raleigh County, the 'Kenneth A. Chapman Memorial Bridge'."
     On motion of Delegate White, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:
     Com. Sub. for H. C. R. 59, Urging the Governor to direct the Bureau of Senior Services to issue a report on the needs for in-home care.
     On motion of Delegate White, the resolution was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the title and inserting in lieu thereof the following:
     "Whereas, The rate of disability in West Virginia is the highest in the country; and
     Whereas, Almost all older adults and people with disabilities who need assistance with activities of daily living want to remain in their homes and communities; and
     Whereas, Providing services and supports to both people with disabilities and people who are aging in their homes and communities is generally much less expensive than nursing home care; and
     Whereas, The population of older adults and people with disabilities in West Virginia is over 800,000 and is expected to continue to increase and is projected to increase; and
     Whereas, The increasing population of older adults and people with disabilities will demand the availability of more services and supports to enable people to remain in their own homes and communities; and
     Whereas, To successfully address the surging population of older adults and people with disabilities who have significant needs for long-term services and supports, the state must develop methods to encourage and support families to assist their disabled relatives and develop ways to recruit and retain a qualified, responsive in-home care workforce; and
     Whereas, A comprehensive approach to policy in this area is an urgent need, and must be built on effective partnerships and coordinated to achieve the greatest impact from available resources; and
     Whereas, The existing system is over forty years old and cannot be sustained without creative new approaches and solutions to the expanding needs with consideration of limited resources and existing programs; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to conduct a study of the future needs of people with disabilities; and, be it
     Further Resolved, That the Joint Committee on Government and Finance shall report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations together with drafts of any proposed legislation necessary to effectuate such recommendations; and, be it
    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance."
     And,
     By amending the title of the resolution to read as follows:
     H. C. R. 59 - "Requesting the Joint Committee on Government and Finance study eldercare and disability care to better meet the needs of West Virginians of all backgrounds."
     On motion of Delegate White, the House concurred in the Senate amendments.
     The resolution, as amended by the Senate, was then adopted.
     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:
     Com. Sub. for H. C. R. 60, Lester W. "Cappy" Burnside, Jr. Bridge.
     On motion of Delegate White, the resolution was taken up for immediate consideration.
     The following Senate amendment was reported by the Clerk:
     On page one, by striking out everything after the title and inserting in lieu thereof the following:
      "Whereas, Lester W. 'Cappy' Burnside, Jr. was born in Clarksburg in January 1934; his parents were the late Lester W. Burnside and Louise Nowery Burnside. He graduated from Greenbrier Military School, Lewisburg, and West Virginia University; and
      Whereas, Lester W. 'Cappy' Burnside, Jr. served in the U. S. Army and retired as a Captain in the U. S. Army Reserve; and
      Whereas, In January 1990, Senator Robert C. Byrd announced that the FBI Identification Division would relocate to West Virginia, in order to implement the Automated Fingerprint Identification System (AFIS), a new computer system to identify fingerprints in a matter of minutes. Just as Cappy Burnside was taking office as President of Harrison 2000, a new economic development initiative, the organization learned that FBI teams would be looking in several counties for a possible site for the facility; and
      Whereas, Cappy Burnside then promptly organized an FBI property committee, began discussions with property owners, evaluated utility extensions to each potential site in Harrison County and established personal relationships with FBI officials. Each of these efforts contributed to the final chemistry for a successful project. By late June, FBI officials asked Harrison 2000 to option 1000 acres adjacent to I-79 by August 1 of that year; and
      Whereas, For a year and a half, Cappy Burnside put aside many of his duties with his business and most of his time for leisure with his family to concentrate on securing the FBI project for Harrison County. He worked arduously and meticulously during this time to accomplish numerous FBI requirements; and
      Whereas, Twenty years after these events, Route 279 (Jerry Dove Exit 124), has opened an entire area for development resulting in Charles Pointe, White Oaks, and United Hospital Center and further economic development and well-being of Harrison County; and
      Whereas, Cappy Burnside has participated in many community groups including: Association of Industrial Development: Board of Directors; Clarksburg Industrial Development Corporation: President, 1989-1990; Boy Scouts of America, Central West Virginia Council: Board of Directors; North Bend Rails to Trails Foundation: Advisory Board; American Society of Highway Engineers, Central West Virginia Chapter: President, 1989; Mon Valley Tri-State Network; Clarksburg Planning and Zoning Commission: Member; Salvation Army Advisory Board; Clarksburg Kiwanis Club: President 1969-1970. Until 2006, he was a board member of the Friends of West Virginia Public Radio, having also served as chair in 1995 and then as treasurer; and
      Whereas, He was president and treasurer of Consolidated Supply Company until he closed the business in 1992 and, in recent years, he was a consultant to building supply firms specializing in materials for highways and bridges; and
      Whereas, Naming a bridge on Route 279 for Cappy Burnside is an appropriate recognition of his contributions to the economic development and well-being of Harrison County; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name the bridge on Route 279 between the FBI CJIS Division and Route 50 crossing Interstate 79, bridge number 17-279-1.66 (17A314), in Harrison County (Jerry Dove Exit 124), the 'Lester W. "Cappy" Burnside, Jr. Bridge'; and, be it
     Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the 'Lester W. Cappy Burnside, Jr. Bridge'; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and Lester W. 'Cappy' Burnside, Jr. and his family."
     On motion of Delegate White, the House concurred in the Senate amendments.
     The resolution, as amended by the Senate, was then adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:
     Com. Sub. for H. C. R. 64, SSG Earl F. (Fred) Brown Memorial Bridge.
     On motion of Delegate White, the resolution was taken up for immediate consideration.
     The following Senate amendment was reported by the Clerk:
     On page two, in the Resolved clause, line eleven, by striking out the words "SSG Earl F. (Fred) Brown" and inserting in lieu thereof the words "U. S. Army SSG Earl F. Fred Brown".
     On page two, in the first Further Resolved clause, line fifteen, by striking out the words "SSG Earl F. (Fred) Brown" and inserting in lieu thereof the words "U. S. Army SSG Earl F. 'Fred' Brown".
     And,
     By amending the title of the resolution to read as follows:
     Com. Sub. for H. C. R. 64 - "Requesting that bridge number 21-33-22.22 near the Weston exit off I-79, and 0.09 miles west of the junction of county 119/21, locally known as Sauls Run W-Beam Bridge, crossing over Stonecoal Creek, Bars numbers 21A094 and 21A153, in Lewis County, West Virginia, be named the U. S. Army SSG Earl F. 'Fred' Brown Memorial Bridge."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
     The resolution, as amended by the Senate, was then adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:
     H. C. R. 65, Army SP4 Harold "Skip" Grouser Memorial Bridge.
     On motion of Delegate White, the resolution was taken up for immediate consideration.
     The following Senate amendment was reported by the Clerk:
     On page one, in the fifth Whereas clause, by striking out the word "unknowingly".
     On page two, in the Resolved clause, before the word "Army", by inserting "U. S. A.".
     On page two, in the first Further Resolved clause, before the word "Army", by inserting "U. S.".
     And,
     By amending the title of the bill to read as follows:
     Com. Sub. for H. C. R. 65 - "Requesting that bridge number 40-25/2-0.13 (40A153) on 40th Street and near 2nd Avenue in Nitro, Putnam County, West Virginia, the U. S. Army SP4 Harold 'Skip' Grouser Memorial Bridge."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
     The resolution, as amended by the Senate, was then adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:
     Com. Sub. for H. C. R. 66, Quentin H. Wickline Memorial Bridge.
     On motion of Delegate White, the resolution was taken up for immediate consideration.
     The following Senate amendment was reported by the Clerk:
     On page one, in the fifth Whereas, by striking out "Pt." and inserting in lieu thereof the word "Point".
     On page two, in the sixth Whereas, by striking out "Pt." and inserting in lieu thereof the word "Point".
     On page two, in the Resolved clause, by striking out "Pt." and inserting in lieu thereof the word "Point".
     And,
     By amending the title of the resolution to read as follows:
     Com. Sub. for H. C. R. 66  "Requesting that the Division of Highways name bridge number 27-15-6.53 (27A024), currently known as Old Town Bridge on County Route 15 (Sandhill Rd.) near Point Pleasant, Mason County, West Virginia the Quentin H. Wickline Memorial Bridge."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
     The resolution, as amended by the Senate, was then adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:
     Com. Sub. for H. C. R. 71, Army Private William C. Bias Memorial Bridge.
     On motion of Delegate White, the resolution was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page two, in the second Further Resolved clause, by striking out the words "1880 Tuscarona Road, Niagara Fall, NY 14304" and inserting in lieu thereof the words "Niagara Falls, NY".
     And,
     On page two, in the second Further Resolved clause, by striking out the words "701 Garvin Avenue, Apartment 305" and a comma.
     On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
     The resolution, as amended by the Senate, was then adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:
     H. C. R. 105, Urging Congress to pass the Safe Freight Act.
     On motion of Delegate White, the resolution was taken up for immediate consideration.
     The following Senate amendment was reported by the Clerk:
     On page two, in the fifth Whereas clause, by striking out the word "individual" and inserting in lieu thereof the word "individuals".
     On page two, in the Resolved clause, after the word "have", by inserting the words "a crew of".
     And,
     By amending the title of the resolution to read as follows:
     Com. Sub. for H. C. R. 105 - "Urging Congress to pass the Safe Freight Act as contained in H. R. 3040 providing that a freight train or light engine used in connection with the movement of freight have a crew of at least two individuals, one of whom is certified as a locomotive engineer and the other who is certified as a conductor."
     The resolution, as amended by the Senate, was then adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     Delegate Andes noted to the Clerk that he be recorded in the Journal as having voted "Nay" on the adoption of H. C. R. 105, Urging Congress to pass the Safe Freight Act.
     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. 477, Providing teachers determine use of time during planning period.
     On motion of Delegate White, 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 Pethtel, Williams and Sumner.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     Delegate White asked and obtained unanimous consent that, for the remainder of the session, members of Conference Committees 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.
Petitions

     Delegate Ashley presented a petition on behalf of his constituents, supporting the passage of a multi-year salary increase for all school employees; which was referred to the Committee on Finance.
     Delegate Boggs presented a petition on behalf of his constituents, supporting the passage of a multi-year salary increase for all school employees; which was referred to the Committee on Finance.
     Delegate A. Evans presented a petition on behalf of his constituents, supporting the passage of a multi-year salary increase for all school employees; which was referred to the Committee on Finance.
     Delegates Marshall, Fleischauer and Barill presented a petition on behalf of their constituents, supporting the passage of a multi-year salary increase for all school employees; which was referred to the Committee on Finance.
     Delegate M. Poling presented a petition on behalf of her constituents, supporting the passage of a multi-year salary increase for all school employees; which was referred to the Committee on Finance.
     Delegate Caputo presented a petition on behalf of his constituents, supporting the passage of a multi-year salary increase for all school employees; which was referred to the Committee on Finance.
Dailey Calendar

Third Reading

     
Com. Sub. for S. J. R. 12, Requesting Joint Committee on Government and Finance study funding sources for law-enforcement training and certification programs; on third reading, coming up in regular order, was, at the request of Delegate White, and by unanimous consent, placed at the foot of the bills.
     Com. Sub. for S. J. R. 14, Requesting DOH name bridge crossing Madison Creek, Logan County, "U. S. Army Sergeant Bernard C. Maynard Memorial Bridge"; on third reading, coming up in regular order, was, at the request of Delegate White, and by unanimous consent, placed at the foot of the bills.
     Com. Sub. for S. B. 6, Regulating sale of drug products used in manufacture of methamphetamine; on third reading, coming up in regular order, was reported by the Clerk.
     On motion of Delegate Shott, the House of Delegates then reconsidered the vote on the adoption of the Judiciary Committee amendment.
     On motion of Delegate Shott the House of Delegates reconsidered the amendment he had offered.
     Delegate Shott then asked and obtained unanimous consent to reform the amendment.
     The Clerk then reported the amendment offered by Delegates Shott and Ellington on page five, section four, after line twenty, by inserting a new subsection to read as follows:
     "(f) (1) Notwithstanding any provision of this code to the contrary, a county commission may adopt an ordinance to provide that a pharmacy, wholesaler or other entity operating a retail establishment in the county may not sell, transfer or dispense ephedrine, pseudoephedrine or phenylpropanolamine without a prescription, unless the product has been determined by the Board of Pharmacy to be in an extraction- or conversion-resistant form: Provided, That the ordinance shall not take effect until 30 days after it has been approved by a referendum on the ordinance pursuant to subdivision three of this subsection. __
_____(2) The ordinance:
_____(A)
Shall provide that the provisions of subdivision (3), subsection (a), section seven, article seven, chapter sixty-one of this code are inapplicable to persons possessing ephedrine, pseudoephedrine or phenylpropanolamine which has been lawfully purchased in the jurisdiction of sale and which is possessed with the intent that it be used in the manner and form intended by the manufacturer;
_____(B) Shall provide that the ordinance does not apply to drug products containing ephedrine, pseudoephedrine or phenylpropanolamine which are for pediatric use primarily intended for administration to children under the age of twelve; and
_____(C) May provide that any person in violation of the ordinance is guilty of a misdemeanor and, upon conviction, may be fined not more than $1,000 for the first offense, or more than $10,000 for each subsequent offense.
_____(3) A county commission that adopts an ordinance pursuant to this subsection shall conduct a referendum on the question of the adoption of any ordinance pursuant to this section by entry of an order providing that the ordinance not become effective until it is ratified by a majority of the legal votes cast on the referendum by the qualified voters of the county at any primary, general or special election as the county commission directs.
_____(4) Nothing in this subsection requires a county commission to adopt an ordinance authorized by this subsection.
"
     Delegate Sobonya requested to be excused from voting on the adoption of the amendment under the provisions of House Rule 49.
     The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the adoption of the amendment and passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.
     On the adoption of the amendment to the amendment, Delegate Shott demanded the yeas and nays, which demand was sustained.
     The yeas and nays having been ordered, they were taken (Roll No. 365), and there were--yeas 78, nays 19, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Ferro, Fragale, Hamilton, Hamrick, Howell, Hunt, Jones, Kump, Marcum, E. Nelson, Perry, Pethtel, Pino, Skinner, Sponaugle, Swartzmiller, Walker, Walters and White.
     Absent and Not Voting: Longstreth, J. Nelson and Raines.
   So, a majority of the members present and voting having voted in the affirmative, the amendment to the amendment was adopted.
     The Judiciary Committee amendment, as amended, was then adopted.
     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. 366), and there were--yeas 63, nays 34, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Andes, Barker, Barrett, Butler, Cadle, Cowles, Espinosa, Faircloth, Ferns, Ferro, Folk, Fragale, Frich, Gearheart, Hamrick, Householder, Howell, Jones, Kump, Marcum, Overington, Pasdon, Perry, Pethtel, R. Phillips, Pino, R. Smith, Sponaugle, Staggers, Storch, Swartzmiller, Tomblin, White and Williams.
     Absent and Not Voting: Longstreth, J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 6) passed.
     An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
     Com. Sub. for S. B. 6 - "A Bill to amend and reenact §60A-10-4, §60A-10-6 and §60A-10-7 of the Code of West Virginia, 1931, as amended, all relating to the Methamphetamine Lab Eradication Act; reducing the amount of ephedrine, pseudoephedrine or phenylpropanolamine that may be sold, transferred or dispensed without a prescription; creating criminal offenses related to methamphetamine precursors and establishing penalties therefor; requiring persons convicted of criminal offenses involving the use, possession or distribution of illegal drugs to have a valid prescription before ephedrine, pseudoephedrine or phenylpropanolamine may be sold, transferred or dispensed; requiring the reporting of information related to convictions to the Multi-State Real Time Tracking System; creating a new criminal offense for the compensation, hiring or providing of incentives to another person to obtain ephedrine, pseudoephedrine or phenylpropanolamine with the intent to manufacture methamphetamine; removing record-keeping requirements related sales and transaction by pharmacies, wholesalers and manufacturers; amending provisions of Board of Pharmacys rule-making authority; exempting wholesale drug distributors regulated by the United States Drug Enforcement Administration from storage, reporting, record-keeping and security requirements promulgated by the Board of Pharmacy; and requiring the Board of Pharmacy to implement a process to notifying pharmacies of drug products containing less than eleven percent of ephedrine, pseudoephedrine or phenylpropanolamine that may be sold over the counter."
     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 White, and by unanimous consent, Com. Sub. for S. B. 409 was taken up for immediate consideration.
     Com. Sub. for S. B. 409, Relating to education reform; 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 88, nays 9, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Andes, Cowles, Faircloth, Folk, Householder, Howell, Kump, Lane and Overington.
     Absent and Not Voting: Longstreth, J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 409) passed.
     An amendment to the title of the bill, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the title to read as follows:
     Com. Sub. for S. B. 409 - "A Bill to amend and reenact §18-2-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-2E-5 of said code; to amend and reenact §18-9A-7 of said code; to amend and reenact §18A-2-3 and §18A-2-7a of said code; to amend and reenact §18A-3-1, §18A-3-1a, §18A-3-1b and §18A-3-2a of said code; to amend and reenact §18A-4- 7a of said code; to amend and reenact §18B-1D-4 of said code; and to amend and reenact §18B-3C-4 of said code, all relating to education reform; authorizing state board to approve alternative measures to optimize student learning that meet spirit and intent of affected statutes; limitations; making findings on optimizing student learning; providing for approval of certain alternatives when county submits comprehensive plan for optimizing learning meets certain conditions; providing for state board rule for implementation; requiring state board establish method for applying students summative assessment score to final grade; requiring progress reports for implementation by certain date; limitation on use of statewide summative assessment scores in certain years; modifying time frame for county and school strategic plans; modifying provisions pertaining to school system accreditation to more align with provisions pertaining to school accreditation; providing for termination of certain will and pleasure employees, subject to re-employment, when intervention occurs; adding provisions for increasing capacity of county board during intervention; providing minimum capacity building activities with certain conditions; providing for public hearing for continuation of intervention after certain time period, or re-assumption of intervention; providing for post-termination support; adding propane as an alternative fuel that will increase the foundation allowance for transportation cost; clarifying definition of critical need and shortage for substitute teachers; creating deadline for retirement before employment as substitute; providing for submission of affidavit to state board for verification of compliance and eligibility before submission to retirement board; requiring posting on statewide job bank and requiring monitoring, enforcement and reporting on job bank position postings; extending expiration date; expanding purposes and use of statewide job bank; requiring application information for positions posted on job bank; requiring information on loan forgiveness on job bank; defining critical need; requiring continuous posting on job bank of positions in areas of critical need and priority recruitment; requiring certain other positions to be posted as critical need or priority recruitment and defining terms; correcting references to outdated provisions; requiring issuance of additional content area certifications upon submission of certain test scores; specifying certain provisions in teacher-in-residence program agreement; revising alternative programs for education of teachers; defining priority recruitment area and conditions for determining; requiring separate standards and procedures for approval of alternative programs; stating primary purpose of alternative programs; authorizing other charges for restricted purpose; modifying minimum requirements for instruction, program phases and supervision for alternative programs; requiring passage of tests by alternative program licensure candidates; modifying degree requirements for professional certificate candidates; requiring principals and teachers to consider certain qualifications in making recommendation for employment of classroom teacher and document consideration; allowing transfers prior to posting in limited circumstance; limiting resignation and employment in another county in professional positions after twentieth prior to instructional term subject to certain exception; requiring posting of critical need and priority recruitment vacancies on statewide job bank with information on loan forgiveness programs applicable to position; making technical improvements; requiring state-wide course credit transfer agreement; assigning responsibilities to certain state agencies and entities; providing for agreement requirements, content, criteria, collaboration and implementation; requiring seamless course transfer, and program alignment, pathways and articulation; establishing implementation strategy, schedule, deadline and compliance mandate; requiring data collection and certain reports; and requiring legislative rules."
     Delegate White moved that the bill take effect July 1, 2014.
     On this question, the yeas and nays were taken (Roll No. 368), and there were--yeas 92, nays 5, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Faircloth, Folk, Householder, Howell and Kump.
     Absent and Not Voting: Longstreth, J. Nelson and Raines.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 409) takes effect July 1, 2014.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     At 1:14 p.m., on motion of Delegate White, the House of Delegates recessed for thirty minutes, and reconvened at that time.
     Delegate O'Neal addressed the House regarding Com. Sub. for S. C. R. 50, Requesting DOH name portion of State Rt. 20, Hinton, Summers County, "USMC Sgt. Mecot E. Camara Memorial Highway", and at the conclusion thereof, Delegate Cooper asked and obtained unanimous consent that said remarks be printed in the Appendix to the Journal.
     Delegate Armstead asked and obtained unanimous consent that he be removed as a cosponsor of H. B. 4188, Updating the authority and responsibility of the Center for Nursing.
     Delegate Caputo asked and obtained unanimous consent that the remarks of Delegate Perry regarding the retirement of Delegate M. Poling be printed in the Appendix to the Journal and that the remarks of Delegate M. Poling regarding her retirement also be printed in the Appendix.
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:
     H. B. 4006, Relating to the possession and distribution of child pornography.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 8C. FILMING OF SEXUALLY EXPLICIT CONDUCT OF MINORS.
§61-8C-3. Distribution and exhibiting of material depicting minors engaged in sexually explicit conduct prohibited; penalty.
     
(a) Any person who, with knowledge knowingly and willfully, sends or causes to be sent or distributes, exhibits, possesses, electronically accesses with intent to view or displays or transports any material visually portraying a minor engaged in any sexually explicit conduct is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary, not more than two years, and fined not more than $2,000.
     (b) Any person who violates the provisions of subsection (a) of this section when the conduct involves fifty or fewer images shall, upon conviction, be imprisoned in a state correctional facility for not more than two years or fined not more than $2,000 or both.
_____
(c) Any person who violates the provisions of subsection (a) of this section when the conduct involves more than fifty but fewer than six hundred images shall, upon conviction, be imprisoned in a state correctional facility for not less than two nor more than ten years or fined not more than $5,000, or both.
_____
(d) Notwithstanding the provisions of subsections (b) and (c) of this section any person who violates the provisions of subsection (a) of this section when the conduct involves six hundred or more images or depicts violence against a child or a child engaging in bestiality shall, upon conviction, be imprisoned in a state correctional facility for not less than five nor more than fifteen years or fined not more than $25,000, or both.
_____(e) For purposes of this section each video clip, movie or similar recording of five minutes or less shall constitute seventy-five images. A video clip, movie or similar recording of a duration longer than five minutes shall be deemed to constitute seventy-five images for every two minutes in length it exceeds five minutes.
"
     And by amending the title of the bill to read as follows:
     H. B. 4006 - "A Bill to amend and reenact §61-8C-3 of the Code of West Virginia, 1931, as amended, relating to crimes pertaining to the possession, transmission, transportation, distribution and exhibiting of material depicting minors in sexually explicit conduct; adding the accessing of such materials with intent to view as a defined offense; creating an enhanced penalties for possessing, accessing with intent to view, transporting, receiving or distributing files or materials based on the number of images in a digital, photographic or video format which depict minors engaging in sexually explicit conduct or depict acts of bestiality involving a child; and setting a number of images based on length for video film or similar media."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 369), 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: Longstreth, J. Nelson and Raines.
    So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4006) 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. 4256, Amending the annual salary schedule for members of the state police.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-5. Career progression system; salaries; exclusion from wages and hour law, with supplemental payment; bond; leave time for members called to duty in guard or reserves.
     (a) The superintendent shall establish within the West Virginia State Police a system to provide for: The promotion of members to the supervisory ranks of sergeant, first sergeant, second lieutenant and first lieutenant; the classification of nonsupervisory members within the field operations force to the ranks of trooper, senior trooper, trooper first class or corporal; the classification of members assigned to the forensic laboratory as criminalist I-VIII; and the temporary reclassification of members assigned to administrative duties as administrative support specialist I-VIII.
     (b) The superintendent may propose legislative rules for promulgation in accordance with article three, chapter twenty-nine-a of this code for the purpose of ensuring consistency, predictability and independent review of any system developed under the provisions of this section.
     (c) The superintendent shall provide to each member a written manual governing any system established under the provisions of this section and specific procedures shall be identified for the evaluation and testing of members for promotion or reclassification and the subsequent placement of any members on a promotional eligibility or reclassification recommendation list.
     (d) Beginning on July 1, 2008, through June 30, 2011, members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training                             $ 2,752.00 Mo. $ 33,024
Cadet Trooper After Training                       3,357.33 Mo.  40,288
Trooper Second Year                                       41,296
Trooper Third Year                                        41,679
Senior Trooper                                            42,078
Trooper First Class                                       42,684
Corporal                                          43,290
Sergeant                                          47,591
First Sergeant                                            49,742
Second Lieutenant                                         51,892
First Lieutenant                                          54,043
Captain                                           56,194
Major                                             58,344
Lieutenant Colonel                                        60,495
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT SPECIALIST CLASSIFICATION

I $ 41,679
II   42,078
III  42,684
IV   43,290
V 47,591
VI   49,742
VII  51,892
VIII      54,043
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I $ 41,679
II   42,078
III  42,684
IV   43,290
V 47,591
VI   49,742
VII  51,892
VIII      54,043
     
(d) Beginning on July 1, 2011, members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training                             $ 2,833 Mo. $ 33,994
Cadet Trooper After Training                      $ 3,438 Mo. $ 41,258
Trooper Second Year        42,266
Trooper Third Year        42,649
Senior Trooper        43,048
Trooper First Class        43,654
Corporal  44,260
Sergeant  48,561
First Sergeant        50,712
Second Lieutenant        52,862
First Lieutenant        55,013
Captain   57,164
Major     59,314
Lieutenant Colonel        61,465
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT SPECIALIST CLASSIFICATION
I 42,266
II   43,048
III  43,654
IV   44,260
V 48,561
VI   50,712
VII  52,862
VIII 55,013
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I 42,266
II   43,048
III  43,654
IV   44,260
V 48,561
VI   50,712
VII  52,862
VIII 55,013
     Each member of the West Virginia State Police whose salary is fixed and specified in this annual salary schedule is entitled to the length of service increases set forth in subsection (e) of this section and supplemental pay as provided in subsection (g) of this section.
     (e) Each member of the West Virginia State Police whose salary is fixed and specified pursuant to this section shall receive, and is entitled to, an increase in salary over that set forth in subsection (d) of this section for grade in rank, based on length of service, including that service served before and after the effective date of this section with the West Virginia State Police as follows: Beginning on January 1, 2015 and continuing thereafter, At at the end of two years of service with the West Virginia State Police, the member shall receive a salary increase of $400 $500 to be effective during his or her next year of service and a like increase at yearly intervals thereafter, with the increases to be cumulative.
     (f) In applying the salary schedules set forth in this section where salary increases are provided for length of service, members of the West Virginia State Police in service at the time the schedules become effective shall be given credit for prior service and shall be paid the salaries the same length of service entitles them to receive under the provisions of this section.
     (g) The Legislature finds and declares that because of the unique duties of members of the West Virginia State Police, it is not appropriate to apply the provisions of state wage and hour laws to them. Accordingly, members of the West Virginia State Police are excluded from the provisions of state wage and hour law. This express exclusion shall not be construed as any indication that the members were or were not covered by the wage and hour law prior to this exclusion.
     In lieu of any overtime pay they might otherwise have received under the wage and hour law, and in addition to their salaries and increases for length of service, members who have completed basic training and who are exempt from federal Fair Labor Standards Act guidelines may receive supplemental pay as provided in this section.
     The authority of the superintendent to propose a legislative rule or amendment thereto for promulgation in accordance with article three, chapter twenty-nine-a of this code to establish the number of hours per month which constitute the standard work month for the members of the West Virginia State Police is hereby continued. The rule shall further establish, on a graduated hourly basis, the criteria for receipt of a portion or all of supplemental payment when hours are worked in excess of the standard work month. The superintendent shall certify monthly to the West Virginia State Polices payroll officer the names of those members who have worked in excess of the standard work month and the amount of their entitlement to supplemental payment. The supplemental payment may not exceed $400 monthly. The superintendent and civilian employees of the West Virginia State Police are not eligible for any supplemental payments.
     (h) Each member of the West Virginia State Police, except the superintendent and civilian employees, shall execute, before entering upon the discharge of his or her duties, a bond with security in the sum of $5,000 payable to the State of West Virginia, conditioned upon the faithful performance of his or her duties, and the bond shall be approved as to form by the Attorney General and as to sufficiency by the Governor.
      (i) In consideration for compensation paid by the West Virginia State Police to its members during those members participation in the West Virginia State Police Cadet Training Program pursuant to section eight, article twenty-nine, chapter thirty of this code, the West Virginia State Police may require of its members by written agreement entered into with each of them in advance of such participation in the program that, if a member should voluntarily discontinue employment any time within one year immediately following completion of the training program, he or she shall be obligated to pay to the West Virginia State Police a pro rata portion of such compensation equal to that part of such year which the member has chosen not to remain in the employ of the West Virginia State Police.
     (j) Any member of the West Virginia State Police who is called to perform active duty training or inactive duty training in the National Guard or any reserve component of the Armed Forces of the United States annually shall be granted, upon request, leave time not to exceed thirty calendar days for the purpose of performing the active duty training or inactive duty training and the time granted may not be deducted from any leave accumulated as a member of the West Virginia State Police."
     And,
     By amending the title of the bill to read as follows:
     H. B. 4256 - "A Bill to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended, relating to increasing the longevity pay for members of the State Police."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 370), 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: Longstreth, J. Nelson and Raines.
    So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4256) 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. 4283, Raising the minimum wage.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 5C. MINIMUM WAGE AND MAXIMUM HOURS STANDARDS FOR EMPLOYEES.
§21-5C-1. Definitions.

     As used in this article:
     (a) Commissioner means the commissioner of labor or his or her duly authorized representatives.
     (b) Wage and hour director means the wage and hour director appointed by the commissioner of labor as chief of the wage and hour division.
     (c) Wage means compensation due an employee by reason of his or her employment.
     (d) Employ means to hire or permit to work.
     (e) Employer includes the State of West Virginia, its agencies, departments and all its political subdivisions, any individual, partnership, association, public or private corporation, or any person or group of persons acting directly or indirectly in the interest of any employer in relation to an employee; and who employs during any calendar week six or more employees as herein defined in any one separate, distinct and permanent location or business establishment: Provided, That the term employer shall not include any individual, partnership, association, corporation, person or group of persons or similar unit if eighty percent of the persons employed by him are subject to any federal act relating to minimum wage, maximum hours and overtime compensation.
     (f) Employee includes any individual employed by an employer but shall not include: (1) Any individual employed by the United States; (2) any individual engaged in the activities of an educational, charitable, religious, fraternal or nonprofit organization where the employer-employee relationship does not in fact exist, or where the services rendered to such organizations are on a voluntary basis; (3) newsboys, shoeshine boys, golf caddies, pinboys and pin chasers in bowling lanes; (4) traveling salesmen and outside salesmen; (5) services performed by an individual in the employ of his or her parent, son, daughter or spouse; (6) any individual employed in a bona fide professional, executive or administrative capacity; (7) any person whose employment is for the purpose of on-the-job training; (8) any person having a physical or mental handicap so severe as to prevent his or her employment or employment training in any training or employment facility other than a nonprofit sheltered workshop; (9) any individual employed in a boys or girls summer camp; (10) any person sixty-two years of age or over who receives old-age or survivors benefits from the social security administration; (11) any individual employed in agriculture as the word agriculture is defined in the Fair Labor Standards Act of 1938, as amended; (12) any individual employed as a fire fighter by the state or agency thereof; (13) ushers in theaters; (14) any individual employed on a part- time basis who is a student in any recognized school or college; (15) any individual employed by a local or interurban motorbus carrier; (16) so far as the maximum hours and overtime compensation provisions of this article are concerned, any salesman, parts man or mechanic primarily engaged in selling or servicing automobiles, trailers, trucks, farm implements, aircraft if employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles to ultimate purchasers; (17) any employee with respect to whom the United States Department of Transportation has statutory authority to establish qualifications and maximum hours of service; (18) any person employed on a per diem basis by the Senate, the House of Delegates, or the Joint Committee on Government and Finance of the Legislature of West Virginia, other employees of the Senate or House of Delegates designated by the presiding officer thereof and additional employees of the Joint Committee on Government and Finance designated by such joint committee; or (19) any person employed as a seasonal employee of a commercial whitewater outfitter where the seasonal employee works less than seven months in any one calendar year and, in such case, only for the limited purpose of exempting the seasonal employee from the maximum wage provisions of section three of this article.
     (g) Workweek means a regularly recurring period of one hundred sixty-eight hours in the form of seven consecutive twenty-four hour periods, need not coincide with the calendar week and may begin any day of the calendar week and any hour of the day.
     (h) Hours worked, in determining for the purposes of sections two and three of this article, the hours for which an employee is employed, there shall be excluded any time spent in changing clothes or washing at the beginning or end of each workday, time spent in walking, riding or traveling to and from the actual place of performance of the principal activity or activities which such employee is employed to perform and activities which are preliminary to or postliminary to said principal activity or activities, subject to such exceptions as the commissioner may by rules and regulations define.
§21-5C-2. Minimum wages.
     (a) Minimum wage:
     (1) After June 30, 2006, every employer shall pay to each of his or her employees wages at a rate not less than $5.85 per hour.
     (2) After June 30, 2007, every employer shall pay to each of his or her employees wages at a rate not less than $6.55 per hour.
     (3) After June 30, 2008, every employer shall pay to each of his or her employees wages at a rate not less than $7.25 per hour.
     (4) After January 1, 2015, every employer shall pay to each of his or her employees wages at a rate not less than $7.50 per hour.
_____(5) After January 1, 2016, every employer shall pay to each of his or her employees wages at a rate not less than $8.00 per hour.
_____(6) After January 1, 2017, every employer shall pay to each of his or her employees wages at a rate not less than $8.75 per hour.
_____
(4) At such time as (7) When the federal minimum hourly wage as prescribed by 29 U. S. C. §206(a)(1) is equal to or greater than the wage rate prescribed in the applicable provision of subdivision (3) of this subsection, every employer shall pay to each of his or her employees wages at a rate of not less than the federal minimum hourly wage as prescribed by 29 U. S. C. §206(a)(1). The minimum wage rates required under this subparagraph shall be thereafter adjusted in accordance with adjustments made in the federal minimum hourly rate. The adoption of the federal minimum wage provided by this subdivision includes only the federal minimum hourly rate prescribed in 29 U. S. C. §206(a)(1) and does not include other wage rates, or conditions, exclusions or exceptions to the federal minimum hourly wage rate. In addition, adoption of the federal minimum hourly wage rate does not extend or modify the scope or coverage of the minimum wage rate required under this subdivision.
     (b) Training wage:
     (1) Notwithstanding the provisions set forth in subsection (a) of this section to the contrary, an employer may pay an employee first hired after June 30, 2006 January 1, 2015, a subminimum training wage not less than $5.15 $6.40 per hour.
     (2) An employer may not pay the subminimum training wage set forth in subdivision (1) of this subsection to any individual:
     (I) Who has attained or attains while an employee of the employer, the age of twenty years; or
     (ii) For a cumulative period of not more than ninety days per employee: Provided, That if any business has not been in operation for more than ninety days at the time the employer hired the employee, the employer may pay the employee the subminimum training wage set forth in subdivision (1) of this subsection for an additional period not to exceed ninety days.
     (3) At such time as When the federal subminimum training wage as prescribed by 29 U. S. C. §206(g)(1) is equal to or greater than the wage rate prescribed in subdivision (1) of this subsection, every employer shall pay to each of his or her employees wages at a rate of not less than the federal minimum hourly wage as prescribed by 29 U. S. C. §206(g)(1). The minimum wage rates required under this subparagraph shall be thereafter adjusted in accordance with adjustments made in the federal minimum hourly rate. The adoption of the federal minimum wage provided by this subdivision includes only the federal minimum hourly rate prescribed in 29 U. S. C. §206(g)(1) and does not include other wage rates, or conditions, exclusions, or exceptions to the federal minimum hourly wage rate. In addition, adoption of the federal minimum hourly wage rate does not extend or modify the scope or coverage of the minimum wage rate required under this subdivision.
     (c) Notwithstanding any provision or definition to the contrary, the wages established pursuant to this section shall be are applicable to all individuals employed by the State of West Virginia, its agencies and departments, regardless if such the employee or employer are subject to any federal act relating to minimum wage: Provided, That at no time shall may the minimum wage established pursuant to this section fall below the federal minimum hourly wage as prescribed by 29 U. S. C. §206(a)(1).
§21-5C-4. Credits.
     In determining whether an employer is paying an employee wages and overtime compensation as provided in sections two and three of this article, there shall be provided in accordance with the regulations which shall be promulgated by the commissioner a credit to the employer of twenty seventy percent of the hourly rate of the amount paid an employee customarily receiving gratuities and a reasonable credit for board and lodging furnished to an employee. The commissioner shall promulgate regulations relating to maximum allowances to employers for room and board furnished to employees: Provided, That the employer shall be required to furnish to the commissioner upon request, documentary evidence that the employee is receiving at least twenty seventy percent of the minimum wage in gratuities or is receiving room and lodging in accordance with the rules and regulations promulgated by the commissioner."
     On motion of Delegate White, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
     H. B. 4549, Clarifying the regulation of nonintoxicating beer brewers and distributors, agreements, networks, products, brands and extensions of a line of brands.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 16. NONINTOXICATING BEER.
§11-16-3. Definitions.

     For the purpose of this article, except where the context clearly requires differently:
     (1) Brand means a nonintoxicating beer product manufactured, brewed, mixed, concocted, blended, bottled or otherwise produced, or imported or transhipped by a brewer or manufacturer, the labels of which have been registered and approved by the commissioner that is being offered for sale or sold in West Virginia by a distributor who has been appointed in a valid franchise agreement or a valid amendment thereto.
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(1) (2) Brewer or manufacturer means any person firm, association, partnership or corporation manufacturing, brewing, mixing, concocting, blending, bottling or otherwise producing or importing or transshipping from a foreign country nonintoxicating beer or nonintoxicating craft beer for sale at wholesale to any licensed distributor. Brewer or manufacturer may be used interchangeably throughout this article. A brewer may obtain only one brewers license for its nonintoxicating beer or nonintoxicating craft beer.
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(2) (3)___Brewpub means a place of manufacture of nonintoxicating beer owned by a resident brewer, subject to federal and state regulations and guidelines, a portion of which premises are designated for retail sales of nonintoxicating beer or nonintoxicating craft beer by the resident brewer owning the brewpub.
     (3) (4) Class A retail license means a retail license permitting the retail sale of liquor at a freestanding liquor retail outlet licensed pursuant to chapter sixty of this code.
     (4) (5) Commissioner means the West Virginia Alcohol Beverage Control Commissioner.
     (5) (6) Distributor means and includes any person jobbing or distributing nonintoxicating beer or nonintoxicating craft beer to retailers at wholesale and whose warehouse and chief place of business shall be within this state. For purposes of a distributor only, the term person means and includes an individual, firm, trust, partnership, limited partnership, limited liability company, association or corporation. Any trust licensed as a distributor or any trust that is an owner of a distributor licensee, and the trustee or other persons in active control of the activities of the trust relating to the distributor license, is liable for acts of the trust or its beneficiaries relating to the distributor license that are unlawful acts or violations of article eleven of this chapter notwithstanding the liability of trustees in article ten, chapter forty-four-d of this code.
     (7) Franchise agreement means the written agreement between a brewer and a distributor that is identical as to terms and conditions between the brewer and all its distributors, which agreement has been approved by the commissioner. The franchise agreement binds the parties so that a distributor, appointed by a brewer, may distribute all of the brewers nonintoxicating beer products, brands or family of brands imported and offered for sale in West Virginia, including, but not limited to, existing brands, line extensions and new brands all in the brewers assigned territory for the distributor. All brands and line extensions being imported or offered for sale in West Virginia must be listed by the brewer in the franchise agreement or a written amendment to the franchise agreement. A franchise agreement may be amended by mutual written agreement of the parties as approved by the commissioner with identical terms and conditions for a brewer and all of its distributors. Any approved amendment to the franchise agreement becomes a part of the franchise agreement. A brewer and a distributor may mutually agree in writing to cancel a franchise agreement. A distributor terminated by a brewer as provided in this article and the promulgated rules no longer has a valid franchise agreement. If a brewer has reached an agreement to cancel a distributor or has terminated a distributor, then a brewer may appoint a successor distributor who accedes to all the rights of the cancelled or terminated distributor.
_____(8) Franchise distributor network means the distributors who have entered into a binding written franchise agreement, identical as to terms and conditions, to distribute nonintoxicating beer products, brands and line extensions in an assigned territory for a brewer. A brewer may only have one franchise distributor network:
Provided, That a brewer that has acquired the manufacturing, bottling or other production rights for the sale of nonintoxicating beer at wholesale from a selling brewer as specified in subdivision (2), subsection (a), section twenty-one of this article shall continue to maintain and be bound by the selling brewers separate franchise distributors network for any of its existing brands, line extensions and new brands.
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(6) (9) Freestanding liquor retail outlet means a retail outlet that sells only liquor, beer, nonintoxicating beer and other alcohol-related products, as defined pursuant to section four, article three-a, chapter sixty of this code.
     (7) (10) Growler means a glass ceramic or metal container or jug, capable of being securely sealed, utilized by a brewpub for purposes of off-premise sales of nonintoxicating beer or nonintoxicating craft beer for personal consumption not on a licensed premise and not for resale.
     (11) Line extension means any nonintoxicating beer product that is an extension of brand or family of brands that is labeled, branded, advertised, marketed, promoted or offered for sale with the intent or purpose of being manufactured, imported, associated, contracted, affiliated or otherwise related to a brewers existing brand through the use of a brewer, its subsidiaries, parent entities, contracted entities, affiliated entities or other related entities. In determining whether a nonintoxicating beer product is a line extension, the commissioner may consider, but is not limited to, the following factors: name or partial name; trade name or partial trade name; logos; copyrights; trademarks or trade design; product codes; advertising promotion or pricing.
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(8) (12) Nonintoxicating beer means all natural cereal malt beverages or products of the brewing industry commonly referred to as beer, lager beer, ale and all other mixtures and preparations produced by the brewing industry, including malt coolers and nonintoxicating craft beers with no caffeine infusion or any additives masking or altering the alcohol effect containing at least one half of one percent alcohol by volume, but not more than nine and six-tenths of alcohol by weight, or twelve percent by volume, whichever is greater. The word liquor as used in chapter sixty of this code does not include or embrace nonintoxicating beer nor any of the beverages, products, mixtures or preparations included within this definition.
     (9) (13) Nonintoxicating beer sampling event means an event approved by the commissioner for a Class A retail Licensee to hold a nonintoxicating beer sampling authorized pursuant to section eleven-a of this article.
     (10) (14) Nonintoxicating beer sampling day means any days and hours of the week where Class A retail licensees may sell nonintoxicating beer pursuant to sub-section (a)(1) subdivision (1), subsection (a), section eighteen of this article, and is approved, in writing, by the commissioner to conduct a nonintoxicating beer sampling event.
     (11) (15) Nonintoxicating craft beer means any beverage obtained by the natural fermentation of barley, malt, hops or any other similar product or substitute and containing not less than one half of one percent by volume and not more than twelve percent alcohol by volume or nine and six-tenths percent alcohol by weight with no caffeine infusion or any additives masking or altering the alcohol effect.
     (12) (16) Original container means the container used by the brewer at the place of manufacturing, bottling or otherwise producing nonintoxicating beer for sale at wholesale.
     (13) (17) Person means and includes an individual, firm, partnership, limited partnership, limited liability company, association or corporation.
     (14) (18) Resident brewer means any brewer or manufacturer of nonintoxicating beer or nonintoxicating craft beer whose principal place of business and manufacture is located in the State of West Virginia and which does not brew or manufacture more than twenty-five thousand barrels of nonintoxicating beer or nonintoxicating craft beer annually, and does not self-distribute more than ten thousand barrels thereof in the State of West Virginia annually.
     (15) (19) Retailer means any person selling, serving, or otherwise dispensing nonintoxicating beer and all products regulated by this article, including, but not limited to, malt coolers at his or her established and licensed place of business.
     (16) (20) Tax Commissioner means the Tax Commissioner of the State of West Virginia or the commissioners designee.
§11-16-17a. Commissioner to investigate, review and approve or deny franchise agreements, labels, brands and line extensions.
     (a) The commissioner shall investigate and review:
     (1) All franchise agreements and any amendments to a franchise agreement to verify compliance with this article and the promulgated rules.
     (2) The registration of all container labels for brands manufactured, imported or sold in West Virginia.
     (3) The registration of all brands and line extensions with the commissioner that are the subject of a franchise agreement or an amendment to a franchise agreement.
     (4) The appointment of all brands or line extensions to a distributor in a brewers established franchise distributor network and to that distributors assigned territory from the brewer.
     (5) The appointment of all brands or line extensions acquired by a brewer as either an acquiring brewer, successor brewer and also any successor entities of a brewer, as specified in subdivision (3), subsection (a), section twenty-one of this article, to the distributor in the selling brewers established franchise distributor network and to that distributors assigned territory.
     (b) The commissioners investigation and review under subsection (a) of this section may include, but is not limited to: the brewer, its subsidiaries, parent entities, contracted entities, affiliated entities, associated entities or any other related entities, the brewers corporate structure, the nature of the relatedness of various entities, ownership, trade names or partial trade names, logos, copyrights, trademarks or trade design, product codes, marketing and advertising, promotion or pricing.
     (c) The commissioner may approve or deny any item listed in subsection (a) of this section as determined by the commissioner in accordance with this article, the promulgated rules as the facts and circumstances dictate.
     (d) Any brewer adversely affected by a denial as specified in subdivision (3) or (4), subsection (a) of this section, may request, in writing, a final written determination from the commissioner.
     (e) Upon receipt of final determination as provided in subsection (d), a brewer may request an administrative hearing by filing a written petition and as otherwise required per section twenty-four of this article and the rules promulgated by the commissioner. Upon filing a written petition, the brewer shall file a $1,000 hearing deposit, via certified check or money order, to cover the costs of the hearing. Such certified check or money order shall be made payable to the commissioner. In any such hearing held by the request of a brewer, the burden of proof is on the brewer and the standard of review for the administrative hearing is by a preponderance of the evidence.
§11-16-20. Unlawful acts of brewers or manufacturers; criminal penalties.
     (a) It shall be is unlawful:
     (1) For any brewer or manufacturer, or any other person, firm or corporation engaging in the business of selling nonintoxicating beer, ale or other malt beverage or cooler to a distributor or wholesaler, to discriminate in price, allowance, rebate, refund, commission, discount or service between distributors or wholesalers licensed in West Virginia. Discriminate, as used in this section, shall mean granting of more favorable prices, allowances, rebates, refunds, commissions, discounts or services to one West Virginia distributor or wholesaler than to another.
     (2) For any brewer or manufacturer, or any other person, firm or corporation engaged in the business of selling nonintoxicating beer, ale or other malt beverage or malt cooler to a distributor or wholesaler, to sell or deliver nonintoxicating beer, ale or other malt beverage or malt cooler to any licensed distributor or wholesaler unless and until such brewer, manufacturer, person, firm or corporation, as the case may be, shall have filed the brewery or dock price of such beer, ale or other malt beverage or malt cooler, by brands and container sizes, with the commissioner. The pricing submitted to the commissioner shall also be submitted contemporaneously to the licensed distributor or wholesaler. No price schedule shall be put into effect until fourteen ninety days after receipt of same by the commissioner and shall be submitted on or before the following quarterly dates of January 1, April 1, July 1 and October 1 of the calendar year to be effective: Provided, That any price reductions shall remain in effect not less than thirty ninety days.
     (3) For any brewer or manufacturer, resident brewer or any other person, firm or corporation engaged in the business of selling nonintoxicating beer, ale or other malt beverage or malt cooler to a distributor or wholesaler to sell, offer for sale or transport to West Virginia any nonintoxicating beer, ale or other malt beverage or malt cooler unless it has first registered its labels and assigned to the appropriate distributor per an equitable franchise agreement, all as approved by the commissioner.
_____(4) For any brewer or manufacturer, or any other person, firm or corporation engaged in the business of selling nonintoxicating beer, ale or other malt beverage or malt cooler to provide, furnish, transport or sell its nonintoxicating beer products, brands and line extensions to any person or distributor other than the appointed distributor per the franchise agreement and established in the franchise distributor network in the territory assigned to that appointed distributor.
_____(5) For any brewer or manufacturer, or any other person, firm or corporation engaged in the business of selling nonintoxicating beer, ale or other malt beverage or malt cooler to provide, furnish, transport or sell its nonintoxicating beer products, brands and line extensions that have been denied by the commissioner.
_____(6) For any resident brewer that chooses to utilize a franchise agreement and a franchise distributor network, either in addition to or in conjunction with its limited quantity of nonintoxicating beer for self-distribution, to violate this section and the resident brewer is subject to the sanctions in subsections (b) and (c) of this section.

     (b) The violation of any provision of this section by any brewer or manufacturer shall constitute grounds for the forfeiture of the bond furnished by such brewer or manufacturer in accordance with the provisions of section twelve of this article.
     (c) The violation of this section by any brewer or manufacturer is grounds for sanctions as determined by the commissioner in accordance with sections twenty-three and twenty-four of this article and the rules promulgated by the commissioner.
_____(d) Any resident brewer that chooses to utilize a franchise agreement and a franchise distributor network, either in addition to or in conjunction with its limited quantity of nonintoxicating beer for self-distribution, shall be treated as a brewer under this article and the applicable promulgated rules.
§11-16-21. Requirements as to franchise agreements between brewers and distributors; transfer of franchise by distributor; franchise distributor network; notice thereof to brewer; arbitration of disputes as to such transfer; violations and penalties; limitation of section.
     (a) On and after July 1, 1971, it shall be unlawful for any brewer to transfer or deliver to a distributor any nonintoxicating beer, ale or other malt beverage or malt cooler without first having entered into an equitable franchise agreement with such distributor, which franchise agreement and any amendments to that agreement shall be in writing, shall be identical as to terms and conditions with all other franchise agreements and any amendments between such brewer and its other distributors in this state in its approved franchise distributor network, all as approved by the commissioner and which shall contain a provision in substance or effect as follows:
     (1) The brewer recognizes that the distributor is free to manage his or her business in the manner the distributor deems best and that this prerogative vests in the distributor, subject to the provisions of this article, the exclusive right: to (A) To establish his or her selling prices; (B) to select have the distribution rights to the brands and line extensions of nonintoxicating beer products that are bound by franchise agreements specifying a distributors assigned territory and that are assigned to a franchise distributor network, and, further, that the distributor may determine which brands and line extensions of nonintoxicating beer products he or she wishes to handle; and (C) to determine the efforts and resources which the distributor will exert to develop and promote the sale of the brewers nonintoxicating beer products handled by the distributor. However, since the brewer does not expect that its products brewers nonintoxicating beer products, brands and line extensions shall only be handled by the distributor with a franchise agreement for a certain territory in West Virginia as a part of the brewers overall franchise distributor network in West Virginia and will not be sold by others other distributors in the territory, assigned to the distributor, the brewer is dependent upon the appointed distributor alone for the sale of such products in said the assigned territory. Consequently, the brewer expects that the distributor will price competitively the nonintoxicating beer products handled by the distributor, devote reasonable effort and resources to the sale of such products and maintain a satisfactory sales level.
     (2) The franchise agreement binds the parties so that a distributor, appointed by a brewer, may distribute all of the brewers nonintoxicating beer products, brands or family of brands imported and offered for sale in West Virginia, including, but not limited to: existing brands, line extensions and new brands in the brewers assigned territory for the distributor. All brands and line extensions being imported or offered for sale in West Virginia must be listed by the brewer in the franchise agreement or a written amendment to the franchise agreement. A franchise agreement may be amended by mutual written agreement of the parties as approved by the commissioner with identical terms and conditions for a brewer and all of its distributors. Any approved amendment to the franchise agreement becomes a part of the franchise agreement.
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(2) (3) Whenever the manufacturing, bottling or other production rights for the sale of nonintoxicating beer at wholesale of any brewer is acquired by another brewer, the franchised distributor and franchise distributor network of the selling brewer shall be entitled to continue distributing the selling brewers nonintoxicating beer products as authorized in the franchised distributors existing franchise agreement and the acquiring brewer shall market all the selling brewers nonintoxicating beer products through said franchised distributor and franchise distributor network as though the acquiring brewer had made the franchise agreement and the acquiring brewer may terminate said franchise agreement only in accordance with subdivision (2), subsection (b) of this section: Provided, That the acquiring brewer may distribute any of its other nonintoxicating beer products through its duly authorized franchises and franchise distributor network in accordance with all other provisions of this section. Further, this subdivision shall apply to the brewer, successor brewers and also any successor entities of a brewer who shall be bound by the existing franchise agreement and the franchise distributor network, unless all the parties mutually agree, in writing, to change or cancel the existing franchise agreement and franchise distributor network or unless the brewer terminates a distributor as provided in this article and the promulgated rules.
     (b) It shall also be unlawful:
     (1) For any brewer, or brewpub resident brewer or distributor, or any officer, agent or representative of any brewer, or brewpub resident brewer or distributor, to coerce or persuade or attempt to coerce or persuade any person licensed to sell, distribute or job nonintoxicating beer, ale or other malt beverage or malt cooler at wholesale or retail, to enter into any contracts or agreements, whether written or oral, or to take any other action which will violate or tend to violate any provision of this article or any of the rules, regulations, standards, requirements or orders of the commissioner promulgated as provided in this section;
     (2) For any brewer, or brewpub resident brewer or distributor, or any officer, agent or representative of any brewer, or brewpub resident brewer or distributor, to cancel, terminate or rescind without due regard for the equities of such brewer, or brewpub resident brewer or distributor and without just cause, any franchise agreement, whether oral or written, and in the case of an oral franchise agreement, whether the same was entered into on or before June 11, 1971, and in the case of a franchise agreement in writing, whether the same was entered into on, before or subsequent to July 1, 1971. The cancellation, termination or rescission of any such franchise agreement shall not become effective for at least ninety days after written notice of such cancellation, termination or rescission has been served on the affected party and the Commissioner by certified mail, return receipt requested: Provided, That said ninety-day period and said notice of cancellation, termination or rescission shall not apply if such cancellation, termination or rescission is agreed to in writing by both the brewer and the distributor involved. or
     (c) In the event a distributor desires to sell or transfer his or her franchise and assigned territory in the brewer or resident brewers franchise distributor network, such distributor shall give to the brewer, or brewpub resident brewer at least sixty days notice in writing of such impending sale or transfer and the identity of the person, firm or corporation to whom such sale or transfer is to be made and such other information as the brewer or resident brewer may reasonably request. Such notice shall be made upon forms and contain such additional information as the Commissioner by rule or regulation shall prescribe. A copy of such notice shall be forwarded to the commissioner. The brewer or brewpub resident brewer shall be given sixty days to approve or disapprove of such sale or transfer. If the brewer or brewpub resident brewer neither approves nor disapproves thereof within sixty days of the date of receipt of such notice, the sale or transfer of such franchise shall be deemed to be approved by such brewer or resident brewer. In the event the brewer or brewpub resident brewer shall disapprove of the sale or transfer to the prospective franchisee, transferee or purchaser, such brewer or brewpub resident brewer shall give notice to the distributor of that fact in writing, setting forth the reason or reasons for such disapproval. The approval shall not be unreasonably withheld by the brewer or brewpub resident brewer. The fact that the prospective franchisee, transferee or purchaser has not had prior experience in the nonintoxicating beer business or beer business shall not be deemed sufficient reason in and of itself for a valid disapproval of the proposed sale or transfer, but may be considered in conjunction with other adverse factors in supporting the position of the brewer or brewpub resident brewer. Nor may the brewer or brewpub resident brewer impose requirements upon the prospective franchisee, transferee or purchaser which are more stringent or restrictive than those currently demanded of or imposed upon the brewers brewer or brewpubs resident brewers or other distributors in the State of West Virginia. A copy of such notice of disapproval shall likewise be forwarded to the commissioner and to the prospective franchisee, transferee or purchaser. In the event the issue be not resolved within twenty days from the date of such disapproval, either the brewer, brewpub resident brewer, distributor or prospective franchisee, transferee or purchaser shall notify the other parties of his or her demand for arbitration and shall likewise notify the commissioner thereof. A dispute or disagreement shall thereupon be submitted to arbitration in the county in which the distributors principal place of business is located by a board of three arbitrators, which request for arbitration shall name one arbitrator. The party receiving such notice shall within ten days thereafter by notice to the party demanding arbitration name the second arbitrator or, failing to do so, the second arbitrator shall be appointed by the chief judge of the circuit court of the county in which the distributors principal place of business is located on request of the party requesting arbitration in the first instance. The two arbitrators so appointed shall name the third or, failing to do so within ten days after appointment of the second arbitrator, the third arbitrator may be appointed by said chief judge upon request of either party. The arbitrators so appointed shall promptly hear and determine and the questions submitted pursuant to the procedures established by the American Arbitration Association and shall render their decision with all reasonable speed and dispatch but in no event later than twenty days after the conclusion of evidence. Said decision shall include findings of fact and conclusions of law and shall be based upon the justice and equity of the matter. Each party shall be given notice of such decision. If the decision of the arbitrators be in favor of or in approval of the proposed sale or transfer, the brewer or brewpub resident brewer shall forthwith agree to the same and shall immediately transfer the franchise to the proposed franchisee, transferee or purchaser unless notice of intent to appeal such decision is given the arbitrators and all other parties within ten days of notification of such decision. If any such party deems himself or herself aggrieved thereby, such party shall have a right to bring an appropriate action in circuit court. Any and all notices given pursuant to this subsection shall be given to all parties by certified or registered mail, return receipt requested.
     (d) The violation of any provision of this section by any brewer or brewpub resident brewer shall constitute grounds for the forfeiture of the bond furnished by such brewer or brewpub resident brewer in accordance with the provisions of section twelve of this article and shall also constitute grounds for sanctions in accordance with sections twenty-three and twenty-four of this article. Moreover, any circuit court of the county in which a distributors principal place of business is located shall have the jurisdiction and power to enjoin the cancellation, termination or rescission of any franchise agreement between a brewer or brewpub resident brewer and such distributor and, in granting an injunction to a distributor, the court shall provide that the brewer or brewpub resident brewer so enjoined shall not supply the customers or territory of the distributor while the injunction is in effect."
     On page one, by striking out the enacting section to read as follows:
     "That §11-16-3 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 §11-16-17a; and that §11-16- 20 and §11-16-21 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. 4549 - "A Bill to amend and reenact §11-16-3 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11-16-17a; and to amend and reenact §11-16-20 and §11-16-21 of said code, all relating to the regulation of nonintoxicating beer brewers and distributors, agreements, networks, products, brands and extensions of a line of brands; permitting the commissioner to investigate, review and approve or deny franchise agreements, labels, brands and line extensions; providing hearings; extending certain dates; establishing nonintoxicating beer, resident brewers, distributors, franchise distributor networks and line extensions standards; defining terms; providing sanctions; and authorizing rule-making."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 371), and there were--yeas 93, nays 4, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: A. Evans, Howell, Kump and Sobonya.
     Absent and Not Voting: Longstreth, J. Nelson and Raines.
    So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4549) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a joint resolution of the House of Delegates as follows:
     H. J. R. 108, Nonprofit Youth Organization Tax Exemption Support Amendment.
     On motion of Delegate White, the resolution 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 X. TAXATION AND FINANCE.
§12. Nonprofit youth organization revenue exemption.
     Notwithstanding any provision of this Constitution to the contrary, real property in this state which is owned by a non-profit organization that has as its primary purpose the development of youth through adventure, educational or recreational activities for young people and others, which property contains facilities built at a cost of not less than $100,000,000 and which property is capable of supporting additional activities within the region and the State of West Virginia is exempt from ad valorem property taxation whether or not such property is used for the nonprofit organizations primary purpose or to generate revenue for the benefit of the non-profit organization subject to any requirements, limitations and conditions as may be prescribed by general law: Provided, That the tax exemption authorized by the provisions of this section shall not become effective until the Legislature adopts enabling legislation authorizing the exemptions implementation and concurrently prescribing requirements, limitations and conditions for the use of the tax exempt facility that protect local and regionally located businesses from use of the tax exempt facility in a manner that causes unfair competition and unreasonable loss of revenue to those businesses.
     Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered Amendment No. 1 and designated as the Nonprofit Youth Organization Tax Exemption Support Amendment and the purpose of the proposed amendment is summarized as follows: To amend the State Constitution to exempt certain nonprofit youth organizations from ad valorem property taxation on property owned by the organization which is used to support the organization. This tax exemption does not take effect until the Legislature enacts laws that protect local and regional businesses from unfair competition and unreasonable loss of revenue from business competition by the facility utilizing this tax exemption."
     And,
     By amending the title of the resolution to read as follows:
     H. J. R. 108 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof, by adding thereto a new section, designated section twelve, relating to exempting certain nonprofit youth organizations which have facilities within this state which cost in excess of $100,000,000 from ad valorem property taxation on property owned by the organization whether or not said property is leased or used to support the organization; conditioning tax exemption on enactment of legislation to which shall include protecting interests of entities in the region where the facility is located; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment."
     On the adoption of the resolution, the yeas and nays were taken (Roll No. 372), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Fleischauer.
     Absent and Not Voting: Longstreth, J. Nelson and Raines.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the resolution (H. J. R. 108) adopted, as follows:
     H. J. R. 108 - Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof, by adding thereto a new section, designated section twelve, relating to exempting certain nonprofit youth organizations which have facilities within this state which cost in excess of $100,000,000 from ad valorem property taxation on property owned by the organization whether or not said property is leased or used to support the organization; conditioning tax exemption on enactment of legislation to which shall include protecting interests of entities in the region where the facility is located; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
     Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:
     That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2014, which proposed amendment is that article X thereof be amended by adding thereto a new section, designated section twelve, to read as follows:
ARTICLE X. TAXATION AND FINANCE.
§12. Nonprofit youth organization revenue exemption.
     Notwithstanding any provision of this Constitution to the contrary, real property in this state which is owned by a non-profit organization that has as its primary purpose the development of youth through adventure, educational or recreational activities for young people and others, which property contains facilities built at a cost of not less than $100,000,000 and which property is capable of supporting additional activities within the region and the State of West Virginia is exempt from ad valorem property taxation whether or not such property is used for the nonprofit organization's nonprofit purpose to generate revenue for the benefit of the non-profit organization subject to any requirements, limitations and conditions as may be prescribed by general law: Provided, That the tax exemption authorized by the provisions of this section shall not become effective until the Legislature adopts enabling legislation authorizing the exemption's implementation and concurrently prescribing requirements, limitations and conditions for the use of the tax exempt facility that protect local and regionally located businesses from use of the tax exempt facility in a manner that causes unfair competition and unreasonable loss of revenue to those businesses.
     Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered "Amendment No. 1" and designated as the "Nonprofit Youth Organization Tax Exemption Support Amendment" and the purpose of the proposed amendment is summarized as follows: "To amend the State Constitution to exempt from property tax certain properties in this state owned by nonprofit youth organizations and built at cost of at least $100 million whether or not the property is used for the nonprofit youth organization's charitable or nonprofit purpose to help raise funds for the benefit of the nonprofit youth organization. If approved, the Legislature would be required businesses from unfair competition and unreasonable loss of revenue caused by the nonprofit organization use of the tax exemption."
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Calendar

Third Reading

     
S. B. 88, Relating to claims for total loss and debris removal proceeds under farmers mutual fire insurance companies; 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 97, nays none, absent and not voting 3, with the nays and absent and not voting being as follows:
     Absent and Not Voting: Longstreth, J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 88) passed.
     On motion of Delegate Manchin, the title of the bill was amended to read as follows:
     S. B. 88 - "A Bill to amend and reenact §33-22-2 of the Code of West Virginia, 1931, as amended, and to amend and reenact §38-10E-1 of said code, all relating to farmers mutual fire insurance companies; removing outdated language; clarifying obligations and liability of farmers mutual fire insurance companies; imposing limited lien on proceeds under policies issued by farmers mutual fire insurance companies; providing for notice of a total loss determination; and providing for perfection of statutory lien and release under certain conditions."
     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. 140, Authorizing Department of Commerce promulgate legislative rules; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 374), and there were--yeas 90, nays 7, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Andes, Cowles, Faircloth, Gearheart, Howell, Lane and Sobonya.
     Absent and Not Voting: Longstreth, J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 140) passed.
     Delegate White 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 92, nays 5, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Ellington, Faircloth, Folk, Howell and Shott.
     Absent and Not Voting: Longstreth, J. Nelson and Raines.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 140) 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. 204, Relating to crime victims compensation awards; on third reading, coming up in regular order, with amendments pending and further right to amend, was, at the request of Delegate White, and by unanimous consent, placed at the foot of bills on third reading.
     Com. Sub. for S. B. 253, Clarifying code for Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth; 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 97, nays none, absent and not voting 3, with and absent and not voting being as follows:
     Absent and Not Voting: Longstreth, J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 253) 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. 267, Ensuring state courts jurisdiction of fraudulent or unauthorized purchasing card use; 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 97, nays none, absent and not voting 3, with and absent and not voting being as follows:
     Absent and Not Voting: Longstreth, J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 267) 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. 306, Budget Bill; 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. 378), and there were--yeas 81, nays 16, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Andes, Armstead, Cowles, Ellington, Espinosa, Faircloth, Ferns, Folk, Gearheart, Householder, Howell, Kump, Lane, Overington, R. Smith and Walters.
     Absent and Not Voting: Longstreth, J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 306) passed.
     Delegate White moved that the bill take effect July 1, 2014.
     On this question, the yeas and nays were taken (Roll No. 379), and there were--yeas 85, nays 11, absent and not voting 4, with the nays and absent and not voting being as follows:
     Nays: Armstead, Espinosa, Faircloth, Ferns, Folk, Gearheart, Householder, Howell, Kump, Moore and R. Smith.
     Absent and Not Voting: Longstreth, J. Nelson, Pino and Raines.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 306) takes effect July 1, 2014.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Com. Sub. for S. B. 307, Authorizing community corrections programs to operate pretrial release program; on third reading, coming up in regular order, was read a third time.
     Delegate Marcum requested to be excused from voting on the passage of Com. Sub. for S.B. 307 under the provisions of House Rule 49.
     The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Gentleman from voting.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 380), and there were--yeas 89, nays 8, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Andes, Armstead, Butler, Cowles, Frich, Howell, Ireland and Walters.
     Absent and Not Voting: Longstreth, J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 307) passed.
     An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
     Com. Sub. for S. B. 307 - "A Bill to amend and reenact §51-10-1, §51-10-2, §51-10-3, §51-10-4, §51-10-5, §51-10-6, §51-10-7, §51-10-8, §51-10-9 and §51-10-10; to amend said code by adding thereto a new section, designated §51-10-5a, to amend and reenact §62-11C-5 and §62-11C-7 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §62-11F-1, §62-11F-2, §62-11F-3, §62-11F-4 and §62-11F-5, all relating to the disposition of persons charged with committing a crime; regulating bail bondsmen in criminal cases; prohibiting certain conduct by bail bondsmen; regulating fees charged by bail bondsmen; requiring the posting of the names of licensed bail bondsmen; authorizing the Commissioner of the West Virginia Insurance Commission to regulate bail bondsmen; authorizing the Insurance Commissioner to proposed legislative rules; updating penalties for violations; requiring judges and magistrates to enforce the provisions of law related to the regulation of bail bondsmen; authorizing pretrial release programs; permitting certain fees to be assessed to county commissions; permitting certain fees to be assessed to persons on pretrial release upon subsequent conviction; stating applicability of pretrial release programs; establishing guidelines for pretrial release programs; providing for potential funding sources; requiring community pretrial committees to recommend release of certain persons facing criminal charges who are in regional jails prior to adjudication; setting forth the duties of pretrial release programs; clarifying that a circuit judge or a magistrate may impose a secured bond on participants in pretrial release programs; and removing 'day fine programs' from the list of authorized community corrections programs."
     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. 315, Clarifying use of certain funds under Military Authority 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. 381), and there were--yeas 97, nays none, absent and not voting 3, with the nays and absent and not voting being as follows:
     Absent and Not Voting: Longstreth, J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 315) passed.
     Delegate White moved that the bill take effect from its passage.
     On this question, 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: Longstreth, J. Nelson and Raines.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 315) 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. 317, Relating to municipal firearm laws; 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 92, nays 5, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Guthrie, M. Poling, Poore, Skinner and Wells.
     Absent and Not Voting: Longstreth, J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 317) passed.
     Delegate White moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 384), and there were--yeas 92, nays 5, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Guthrie, M. Poling, Poore, Skinner and Wells.
     Absent and Not Voting: Longstreth, J. Nelson and Raines.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 317) takes effect from its passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     Com. Sub. for S. B. 344, Expiring funds from State Fund, General Revenue, and making supplemental appropriations to various agencies; on third reading, coming up in regular order, was read a third time.
     Delegates Ashley, Ellem and Poore requested to be excused from voting on the passage of Com. Sub. for S. B. 344 under the provisions of House Rule 49.
     The Speaker replied that the Delegates were members 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 Members from voting.
     On the passage of the bill, the yeas and nays were taken (Roll No. 385), and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Espinosa and Householder.
     Absent and Not Voting: Longstreth, J. Nelson and Raines.
     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 S. B. 344) passed.
     On motion of Delegate Boggs, the title of the bill was amended to read as follows:
     Com. Sub. for S. B. 344 - "A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2014, in the amount of $7,000,000 from the Joint Expenses, fund 0175, fiscal year 2008, organization 2300, activity 642, in the amount of $409,167.60 from the Department of Commerce, Division of Tourism, fund 0246, fiscal year 2005, organization 0304, activity 859, and in the amount of $261,246.01 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 075, and in the amount of $5,999.39 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2000, organization 0307, activity 131, and in the amount of $58,527.20 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2001, organization 0307, activity 131, and in the amount of $154,061.74 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 131, and in the amount of $257,617.06 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 131, and in the amount of $209,609.04 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 131, and in the amount of $145,560.18 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 131, and in the amount of $131,792.70 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 131, and in the amount of $198,809.53 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 266, and in the amount of $65,804.47 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 266, and in the amount of $26,183.53 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 266, and in the amount of $250,000 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 266, and in the amount of $11,758.05 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2001, organization 0307, activity 480, and in the amount of $62,039.15 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 480, and in the amount of $25,265 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 480, and in the amount of $124,338.34 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 480, and in the amount of $123,100 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 480, and in the amount of $140,830.80 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 480, and in the amount of $47,113.16 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2001, organization 0307, activity 819, and in the amount of $223,665.85 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 819, and in the amount of $44,007.60 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 819, and in the amount of $123,230.47 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 819, and in the amount of $742,930.92 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 819, and in the amount of $539,290.37 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 819, and $334,180.67 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 900, and in the amount of $650,000 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2011, organization 0307, activity 941, and in the amount of $461.83 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2002, organization 0506, activity 803, and in the amount of $10,489.51 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2003, organization 0506, activity 803, and in the amount of $8,056.23 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2004, organization 0506, activity 803, and in the amount of $13,718.82 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2005, organization 0506, activity 803, and in the amount of $0.70 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2006, organization 0506, activity 803, and in the amount of $24,307.51 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2007, organization 0506, activity 803, and in the amount of $6,600.22 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2008, organization 0506, activity 803, and in the amount of $76,423.45 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2009, organization 0506, activity 803, and in the amount of $211,730.74 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2010, organization 0506, activity 803, and in the amount of $150,334.97 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2011, organization 0506, activity 803, and in the amount of $136,909.29 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2012, organization 0506, activity 803, and in the amount of $1,974.51 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2013, organization 0506, activity 803, and in the amount of $15,640.96 from the Department of Military Affairs and Public Safety, Office of the Secretary, fund 0430, fiscal year 2009, organization 0601, activity 953, and in the amount of $240,051.69 from the Department of Military Affairs and Public Safety, Office of the Secretary, fund 0430, fiscal year 2010, organization 0601, activity 953, and in the amount of $215,075.18 from the Department of Military Affairs and Public Safety, Office of the Secretary, fund 0430, fiscal year 2011, organization 0601, activity 953, and in the amount of $871,905.27 from the Department of Military Affairs and Public Safety, Division of Juvenile Services, fund 0570, fiscal year 2012, organization 0621, activity 818, and in the amount of $870,992.77 from the Department of Military Affairs and Public Safety, Division of Juvenile Services, fund 0570, fiscal year 2013, organization 0621, activity 818, and in the amount of $2,250,000 from the Auditors Office, Purchasing Card Administration Fund, fund 1234, fiscal year 2014, organization 1200, and in the amount of $3,000,000 from the Secretary of State, General Administrative Fees Account, fund 1617, fiscal year 2014, organization 1600, and in the amount of $200,000 from the Department of Administration, Office of the Secretary, State Employee Sick Leave Fund, fund 2045, fiscal year 2014, organization 0201, and in the amount of $200,000 from the Department of Administration, Division of General Services, Capitol Complex Parking Garage Fund, fund 2461, fiscal year 2014, organization 0211, and in the amount of $4,737,257 from the Department of Administration, Board of Risk Insurance and Management, Premium Tax Savings Fund, fund 2367, fiscal year 2014, organization 0218, and in the amount of $500,000 from the Department of Administration, Surplus Property, Sale of State Surplus Property Fund, fund 2281, fiscal year 2014, organization 0214, and in the amount of $500,000 from the Department of Administration, Division of Purchasing, Purchasing Improvement Fund, fund 2264, fiscal year 2014, organization 0213, and in the amount of $2,000,000 from the Department of Administration, Division of Personnel, Division of Personnel Fund, fund 2440, fiscal year 2014, organization 0222, and in the amount of $45,607.91 from the Department of Military Affairs and Public Safety, Office of the Secretary, Secretary of Military Affairs and Public Safety Lottery Fund, fund 6005, fiscal year 2014, organization 0601, and in the amount of $200,000 from the Department of Revenue, Division of Financial Institutions, Assessment and Examination Fund, fund 3041, fiscal year 2014, organization 0303, and in the amount of $724,487.42 from the Department of Revenue, Lottery Commission, Revenue Center Construction Fund, fund 7209, fiscal year 2014, organization 0705, and in the amount of $7,500,000 from the Department of Revenue, Lottery Commission, Operating and Expense Fund, fund 7200, fiscal year 2014, organization 0705, and in the amount of $2,008,911.50 from the Department of Revenue, Racing Commission, Administration, Promotion, Education, Capital Improvement and Greyhound Adoption Programs to include Spaying and Neutering Account, fund 7307, fiscal year 2014, organization 0707, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Administration, Public Defender Services, fund 0226, fiscal year 2014, organization 0221, to the Department of Commerce, Division of Natural Resources, fund 0265, fiscal year 2014, organization 0310, to the Department of Health and Human Resources, Division of Health, Central Office, fund 0407, fiscal year 2014, organization 0506, to the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2014, organization 0506, to the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2014, organization 0511, to the Department of Military Affairs and Public Safety, West Virginia Parole Board, fund 0440, fiscal year 2014, organization 0605, to the Department of Military Affairs and Public Safety, Division of Corrections - Correctional Units, fund 0450, fiscal year 2014, organization 0608, to the Bureau of Senior Services, fund 0420, fiscal year 2014, organization 0508, and to the Higher Education Policy Commission, Administration - Control Account, fund 0589, fiscal year 2014, organization 0441, by supplementing and amending the appropriations for the fiscal year ending June 30, 2014."
     Delegate White moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 386), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Householder.
     Absent and Not Voting: Longstreth, J. Nelson and Raines.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 344) 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. 345, Expiring funds from State Fund, General Revenue, and making supplementary appropriations to MAPS; on third reading, coming up in regular order, was read a third time.
     On the passage of the bill, the yeas and nays were taken (Roll No. 387), and there were--yeas 73, nays 24, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Anderson, Armstead, Ashley, Border, Butler, Cadle, Cooper, Cowles, Ellington, Espinosa, Faircloth, Folk, Gearheart, Hamrick, Householder, Howell, Ireland, Kump, O'Neal, Overington, Pasdon, Shott, R. Smith and Walters.
     Absent and Not Voting: Longstreth, J. Nelson and Raines.
     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 S. B. 345) 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. 345 - "A Bill expiring funds to the unappropriated balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2014, in the amount of $10,000,000 from the Joint Expenses, fund 0175, fiscal year 2006, organization 2300, activity 642, in the amount of $10,000,000 from the Joint Expenses, fund 0175, fiscal year 2007, organization 2300, activity 642, in the amount of $2,293,000 from the Joint Expenses, fund 0175, fiscal year 2008, activity 642, in the amount of $20,000,000 from Joint Expenses, Joint Expense Lottery Fund, fund 1736, fiscal year 2014, organization 2300, in the amount of $5,707,000 from Joint Expenses, Tax Reduction and Federal Funding Increased Compliance, fund 1732, fiscal year 2014, organization 2300, in the amount of $12,000,000 from the Attorney General, Consumer Protection Fund, fund 1509, fiscal year 2014, organization 1500, and in the amount of $10,000,000 from the Department of Revenue, Insurance Commissioner, Insurance Commission Fund, fund 7152, fiscal year 2014, organization 0704, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the Department of Military Affairs and Public Safety, Division of Corrections - Correctional Units, and to the Department of Military Affairs and Public Safety, Division of Juvenile Services, by supplementing and amending the appropriations for the fiscal year ending June 30, 2014."
     Delegate White moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 388), and there were--yeas 78, nays 19, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Anderson, Ashley, Border, Butler, Cadle, Cooper, Cowles, Ellington, Espinosa, Faircloth, Folk, Gearheart, Hamrick, Householder, Howell, Kump, R. Smith, Walters and Westfall.
     Absent and Not Voting: Longstreth, J. Nelson and Raines.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 345) 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. 350, Requiring Agriculture Commissioner propose legislative rules for Rural Rehabilitation Loan Program; on third reading, coming up in regular order, was read a third time.      The question being on the passage of the bill, the yeas and nays were taken (Roll No. 389), 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: Longstreth, J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 350) passed.
     Delegate White moved that the bill take effect from its passage.
     On this question, 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: Longstreth, J. Nelson and Raines.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 350) 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. 353, Relating to timber theft in state forests; 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. 391), 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: Longstreth, J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 353) passed.
     On motion of Delegate Manchin, the title of the bill was amended to read as follows:
     Com. Sub. for S. B. 353 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1A-3b, relating to creating the offense of timber theft from state forests; providing the Division of Forestry authority to investigate and enforce timber theft violations in state forests for research and investigative purposes; directing the Division of Forestry to create and maintain a central registry of information relating to timber theft from state forests; and setting forth criminal and civil penalties."
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     S. B. 359, Removing hand canvassing requirements of electronic voting machines; 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. 392), and there were--yeas 89, nays 7, absent and not voting 4, with the nays and absent and not voting being as follows:
     Nays: Cowles, Ellem, Frich, Gearheart, Howell, Manypenny and Walters.
     Absent and Not Voting: Barill, Longstreth, J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 359) passed.
     On motion of Delegate Manchin, the title of the bill was amended to read as follows:
     S. B. 359 - "A Bill to amend and reenact §3-4A-28 of the Code of West Virginia, 1931, as amended, relating to the post-election canvassing of votes involving electronic voting systems; reducing the number of precincts to be chosen at random for a manual count."
     Delegate White moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 393), and there were--yeas 94, nays 3, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Frich, Gearheart and Manypenny.
     Absent and Not Voting: Longstreth, J. Nelson and Raines.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 359) 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. 365, Excepting certain Ethics Act provisions for elected conservation district supervisors; 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. 394), 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: Barill, Longstreth, J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 365) passed.
     On motion of Delegate Manchin, the title of the bill was amended to read as follows:
     Com. Sub. for S. B. 365 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-21A-4a, relating to administration of West Virginia Conservation Agency programs; providing that elected conservation district supervisors have their applications to participate in West Virginia Conservation Agency programs evaluated and considered by other conservation districts; and requiring the State Conservation Committee to propose rules for legislative approval."
     Delegate White moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 395), and there were--yeas 97, nays none, absent and not voting 3, with the nays and absent and not voting being as follows:
     Absent and Not Voting: Longstreth, J. Nelson and Raines.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 365) 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. 379, Reclassifying counties.
     Delegate P. Smith requested to be excused from voting on the passage of Com. Sub. for S. B. 379 under the provisions of House Rule 49.
     The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 396), and there were--yeas 73, nays 25, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Andes, Armstead, Barrett, Cowles, Ellington, Espinosa, Faircloth, Ferns, Folk, Frich, Gearheart, Hamrick, Householder, Howell, Kump, Lane, Lawrence, Manypenny, Miller, Overington, Shott, P. Smith, R. Smith, Sobonya and Storch.
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 379) passed.
     Delegate White 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 79, nays 19, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Armstead, Barrett, Cowles, Ellington, Espinosa, Faircloth, Folk, Frich, Gearheart, Hamrick, Householder, Howell, Kump, Lane, Lawrence, Overington, Shott, P. Smith and R. Smith.
     Absent and Not Voting: J. Nelson and Raines.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 379) 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.
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. 4208, Banning synthetic hallucinogens.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
     "That §60A-1-101 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §60A-2-204, §60A-2-206, §60A-2-208, §60A-2-210 and §60A-2-212 of said code be amended and reenacted; and that §60A-3-308 of said code be amended and reenacted, all to read as follows:
ARTICLE 1. DEFINITIONS.
§60A-1-101. Definitions.
     As used in this act:
     (a) Administer means the direct application of a controlled substance whether by injection, inhalation, ingestion or any other means to the body of a patient or research subject by:
     (1) A practitioner (or, in his or her presence, by his or her authorized agent); or
     (2) The patient or research subject at the direction and in the presence of the practitioner.
     (b) Agent means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor or dispenser. It does not include a common or contract carrier, public warehouseman or employee of the carrier or warehouseman.
     (c) Analogue means a substance that, in relation to a controlled substance, has a substantially similar chemical structure.
     (d) Bureau means the Bureau of Narcotics and Dangerous Drugs, United States Department of Justice or its successor agency.
     (e) Controlled substance means a drug, substance or immediate precursor in Schedules I through V of article two of this chapter.
     (f) Counterfeit substance means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed the substance.
     (g) Imitation controlled substance means: (1) A controlled substance which is falsely represented to be a different controlled substance; (2) a drug or substance which is not a controlled substance but which is falsely represented to be a controlled substance; or (3) a controlled substance or other drug or substance or a combination thereof which is shaped, sized, colored, marked, imprinted, numbered, labeled, packaged, distributed or priced so as to cause a reasonable person to believe that it is a controlled substance.
     (h) Deliver or delivery means the actual, constructive or attempted transfer from one person to another of: (1) A controlled substance, whether or not there is an agency relationship; (2) a counterfeit substance; or (3) an imitation controlled substance.
     (i) Dispense means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for that delivery.
     (j) Dispenser means a practitioner who dispenses.
     (k) Distribute means to deliver, other than by administering or dispensing, a controlled substance, a counterfeit substance or an imitation controlled substance.
     (l) Distributor means a person who distributes.
     (m) Drug means: (1) Substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary, or any supplement to any of them; (2) substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals; (3) substances (other than food) intended to affect the structure or any function of the body of man or animals; and (4) substances intended for use as a component of any article specified in clause subdivision (1), (2) or (3) of this subdivision subdivision. It does not include devices or their components, parts or accessories.
     (n) Immediate derivative means a substance which the West Virginia Board of Pharmacy has found to be and by rule designates as being is the principal compound or any analogue of the parent compound manufactured from a known controlled substance primarily for use and which has equal or similar pharmacologic activity as the parent compound which is necessary to prevent, curtail or limit manufacture.
     (o) Immediate precursor means a substance which the West Virginia Board of Pharmacy (hereinafter in this act referred to as the State Board of Pharmacy) has found to be and by rule designates as being is the principal compound commonly used or produced primarily for use and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture.
     (p) Manufacture means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation, compounding, packaging or labeling of a controlled substance:
     (1) By a practitioner as an incident to his or her administering or dispensing of a controlled substance in the course of his or her professional practice; or
     (2) By a practitioner, or by his or her authorized agent under his or her supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale.
     (q) Marijuana means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, immediate derivative, mixture or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, immediate derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
     (r) Narcotic drug means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
     (1) Opium and opiate and any salt, compound, immediate derivative or preparation of opium or opiate.
     (2) Any salt, compound, isomer, immediate derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (1) of this subdivision, but not including the isoquinoline alkaloids of opium.
     (3) Opium poppy and poppy straw.
     (4) Coca leaves and any salt, compound, immediate derivative or preparation of coca leaves and any salt, compound, isomer, immediate derivative or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.
     (s) Opiate means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under section two hundred one, article two of this chapter, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does not include its racemic and levorotatory forms.
     (t) Opium poppy means the plant of the species Papaver somniferum L., except its seeds.
     (u) Person means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.
     (v) Placebo means an inert medicament or preparation administered or dispensed for its psychological effect, to satisfy a patient or research subject or to act as a control in experimental series.
     (w) Poppy straw means all parts, except the seeds, of the opium poppy after mowing.
     (x) Practitioner means:
     (1) A physician, dentist, veterinarian, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state.
     (2) A pharmacy, hospital or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state.
     (y) Production includes the manufacture, planting, cultivation, growing or harvesting of a controlled substance.
     (z) State, when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof and any area subject to the legal authority of the United States of America.
     (aa) Ultimate user means a person who lawfully possesses a controlled substance for his or her own use or for the use of a member of his or her household or for administering to an animal owned by him or her or by a member of his or her household.
ARTICLE 2. STANDARDS AND SCHEDULES.
§60A-2-204. Schedule I.
     (a) Schedule I shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
     (b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts and salts of isomers, esters and ethers, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation (for purposes of subdivision (34) of this subsection only, the term isomer includes the optical and geometric isomers):
     (1)Acetyl-alpha-methylfentanyl (?[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylaceta-
mide);
     (2) Acetylmethadol;
     (3) Allylprodine;
     (4)Alphacetylmethadol (except levoalphacetylmethadol also known as levo-alpha-acetyl- methadol, levomethadyl acetate, or LAAM);
     (5) Alphameprodine;
     (6) Alphamethadol;
     (7)Alpha-methylfentanyl (?[1-(alpha-methyl-beta-phenyl) ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4-(- propanilido) piperidine);
     (8) Alpha-methylthiofentanyl (?[1-methyl-2-(2-thienyl) ethyl- 4-piperidinyl]-N-phenyl- propanamide);
     (9) Benzethidine;
     (10) Betacetylmethadol;
     (11) Beta-hydroxyfentanyl (?[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenyl- propanamide);
     (12) Beta-hydroxy-3-methylfentanyl (other name: ?[1-(2- hydroxy-2-phenethyl)-3-methyl-4-
piperidinyl]-N-phenylpropanamide);
     (13) Betameprodine;
     (14) Betamethadol;
     (15) Betaprodine;
     (16) Clonitazene;
     (17) Dextromoramide;
     (18) Diampromide;
     (19) Diethylthiambutene;
     (20) Difenoxin;
     (21) Dimenoxadol;
     (22) Dimepheptanol;
     (23) Dimethylthiambutene;
     (24) Dioxaphetyl butyrate;
     (25) Dipipanone;
     (26) Ethylmethylthiambutene;
     (27) Etonitazene;
     (28) Etoxeridine;
     (29) Furethidine;
     (30) Hydroxypethidine;
     (31) Ketobemidone;
     (32) Levomoramide;
     (33) Levophenacylmorphan;
     (34) 3-Methylfentanyl (?[3-methyl-1-(2-phenylethyl)-4- piperidyl]-N-phenylpropanamide);
     (35) 3-methylthiofentanyl (?[3-methyl-1-(2-thienyl) ethyl-4- piperidinyl]-N-phenyl- propanamide);
     (36) Morpheridine;
     (37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
     (38) Noracymethadol;
     (39) Norlevorphanol;
     (40) Normethadone;
     (41) Norpipanone;
     (42) Para-fluorofentanyl (?(4-fluorophenyl)-?[1-(2-phenethyl)-4-piperidinyl] propanamide);
     (43) PEPAP(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
     (44) Phenadoxone;
     (45) Phenampromide;
     (46) Phenomorphan;
     (47) Phenoperidine;
     (48) Piritramide;
     (49) Proheptazine;
     (50) Properidine;
     (51) Propiram;
     (52) Racemoramide;
     (53) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4- piperidinyl]-propanamide);
     (54) Tilidine;
     (55) Trimeperidine.
     (c) Opium derivatives. -- Unless specifically excepted or unless listed in another schedule, any of the following opium immediate derivatives, its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
     (1) Acetorphine;
     (2) Acetyldihydrocodeine;
     (3) Benzylmorphine;
     (4) Codeine methylbromide;
     (5) Codeine-N-Oxide;
     (6) Cyprenorphine;
     (7) Desomorphine;
     (8) Dihydromorphine;
     (9) Drotebanol;
     (10) Etorphine (except HCl Salt);
     (11) Heroin;
     (12) Hydromorphinol;
     (13) Methyldesorphine;
     (14) Methyldihydromorphine;
     (15) Morphine methylbromide;
     (16) Morphine methylsulfonate;
     (17) Morphine-N-Oxide;
     (18) Myrophine;
     (19) Nicocodeine;
     (20) Nicomorphine;
     (21) Normorphine;
     (22) Pholcodine;
     (23) Thebacon.
     (d) Hallucinogenic substances. -- Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of its salts, isomers and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this subsection only, the term isomer includes the optical, position and geometric isomers):
     (1) Alpha-ethyltryptamine; some trade or other names: etryptamine; Monase; alpha-ethyl-1H-indole-3-ethanamine; 3-(2- aminobutyl) indole; alpha-ET; and AET;
     (2) 4-bromo-2, 5-dimethoxy-amphetamine; some trade or other names: 4-bromo-2,5-dimethoxy-alpha-methylphenethylamine; 4-bromo- 2,5-DMA;
     (3) 4-Bromo-2,5-dimethoxyphenethylamine; some trade or other names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha- desmethyl DOB; 2C-B, Nexus;
     (4) 2,5-dimethoxyamphetamine; some trade or other names: 2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA;
     (5) 2,5-dimethoxy-4-ethylamphet-amine; some trade or other names: DOET;
     (6) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (other name: 2C-T-7);
_____
(6) (7) 4-methoxyamphetamine; some trade or other names: 4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA;
     (7) (8) 5-methyloxy-3 5-methoxy-3, 4-methylenedioxy-amphetamine;
     (8) (9) 4-methyl-2,5-dimethoxy-amphetamine; some trade and other names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; DOM; and STP;
     (9) (10) 3,4-methylenedioxy amphetamine;
     (10) (11) 3,4-methylenedioxymethamphetamine (MDMA);
     (11) (12) 3,4-methylenedioxy-N-ethylamphetamine (also known as - ethyl-alpha-methyl-3,4 (methylenedioxy) phenethylamine, N-ethyl MDA, MDE, MDEA);
     (12) (13) N-hydroxy-3,4-methylenedioxyamphetamine (also known as - hydroxy-alpha-methyl-3,4 (methylenedioxy) phenethylamine, and - hydroxy MDA);
     (13) (14) 3,4,5-trimethoxy amphetamine;
     (15) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
_____
(16) Alpha-methyltryptamine (other name: AMT);
_____
(14) (17) Bufotenine; some trade and other names: 3-(beta-Dimethy- laminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin; 5-hydroxy-N,N- dimethyltryptamine; mappine;
     (15) (18) Diethyltryptamine; sometrade and other names: N, N-Diethyltryptamine; DET;
     (16) (19) Dimethyltryptamine; some trade or other names: DMT;
     (20) 5-Methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT);
_____
(17) (21) Ibogaine; some trade and other names: 7-Ethyl-6, 6 Beta, 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H- pyrido [1, 2: 1, 2] azepino [5,4-b] indole; Tabernanthe iboga;
     (18) (22) Lysergic acid diethylamide;
     (19) (23) Marihuana;
     (20) (24) Mescaline;
     (21) (25) Parahexyl-7374; some trade or other names: 3-Hexyl -1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b,d] pyran; Synhexyl;
     (22) (26) Peyote; meaning all parts of the plant presently classified botanically as Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, immediate derivative, mixture or preparation of such plant, its seeds or extracts;
     (23) (27) N-ethyl-3-piperidyl benzilate;
     (24) (28) N-methyl-3-piperidyl benzilate;
     (25) (29) Psilocybin;
     (26) (30) Psilocyn;
     (27) (31) Tetrahydrocannabinols; synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, immediate derivatives and their isomers with similar chemical structure and pharmacological activity such as the following:
     delta-1 Cis or trans tetrahydrocannabinol, and their optical isomers;
     delta-6 Cis or trans tetrahydrocannabinol, and their optical isomers;
     delta-3,4 Cis or trans tetrahydrocannabinol, and its optical isomers;
     (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.)
     (28) (32) Ethylamine analog of phencyclidine; some trade or other names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl) ethylamine, ?(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE;
     (29) (33) Pyrrolidine analog of phencyclidine; some trade or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP;
     (30) (34) Thiophene analog of phencyclidine; some trade or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienylanalog of phencyclidine; TPCP, TCP;
     (31) (35) 1[1-(2-thienyl)cyclohexyl]pyrroldine; some other names: TCPy.
_____(36) 4-methylmethcathinone (Mephedrone);
_____
(37) 3,4-methylenedioxypyrovalerone (MDPV);
_____
(38) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
_____(39) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D)
_____(40) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C)
_____(41) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I)
_____(42) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2) ________ (43)2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4)
_____(44) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H)
_____(45) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N)
_____(46) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P)
_____(47) 3,4-Methylenedioxy-N-methylcathinone (Methylone)
_____(48) (2,5-dimethoxy-4-(n)-propyltghiophenethylamine (2C-T-7, itsoptical isomers, salts and salts of isomers
_____
(49) 5-methoxy-N,N-dimethyltryptamine some trade or other names: 5-meth- oxy-3-[2-(dimethylamino)ethyl]indole; 5-MeO-DMT(5-MeO-DMT)
_____
(50) Alpha-methyltryptamine (other name: AMT)
_____
(51) 5-methoxy-N,N-diisopropyltryptamine (other name: 5-MeO-DIPT)
_____
(52) Synthetic Cannabinoids as follows:
_____
(A) 2-[(1R,3S)-3-hydroxycyclohexyl]-5- (2-methyloctan-2-yl)phenol) {also known as CP 47,497 and homologues};
     (B) rel-2-[(1S,3R)-3-hydroxycyclohexyl] -5-(2-methylnonan-2-yl)phenol {also known as CP 47,497-C8 homolog};
     (C) [(6aR)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7,10,10a-tetrahydrobenzo[c]chromen-1-ol)] {also known as HU-210};
     (D) (dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,
10,10a-tetrahydrobenzol[c]chromen-1-ol) {also known as HU-211};
     (E) 1-Pentyl-3-(1-naphthoyl)indole {also known as JWH-018};
     (F) 1-Butyl-3-(1-naphthoyl)indole {also known as JWH-073};
     (G) (2-methyl-1-propyl-1H-indol-3-yl)-1-napthalenyl-methanone {also known as JWH-015};
     (H) (1-hexyl-1H-indol-3-yl)-1-naphthalenyl-methanone {also known as JWH-019};
     (I) [1-[2-(4-morpholinyl) ethyl] -1H-indol-3-yl]-1-naphthalenyl-methanone {also known as JWH-200};
     (J) 1-(1-pentyl-1H-indol-3-yl)-2-(3-hydroxyphenyl)-ethanone {also known as JWH-250};
     (K) 2-((1S,2S,5S)-5-hydroxy-2- (3-hydroxtpropyl)cyclohexyl) -5-(2-methyloctan-2-yl)phenol {also known as CP 55,940};
     (L) (4-methyl-1-naphthalenyl) (1-pentyl-1H-indol-3-yl) -methanone {also known as JWH-122};
     (M) (4-methyl-1-naphthalenyl) (1-pentyl-1H-indol-3-yl) -methanone {also known as JWH-398;
     (N) (4-methoxyphenyl)(1-pentyl-1H-indol-3-yl)methanone {also known as RCS-4};
     (O) 1-(1-(2-cyclohexylethyl) -1H-indol-3-yl) -2-(2-methoxyphenyl) ethanone {also known as RCS-8}; and
     
(P) 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081);
_____
(Q) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201); and
_____(R) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM694).
_____
(Since nomenclature of these substances is not internationally standardized, any immediate precursor or immediate derivative of these substances shall be covered).
     
(53)Synthetic cannabinoids or any material, compound, mixture or preparation which contains any quantity of the following substances, including their analogues, congeners, homologues, isomers, salts and salts of analogues, congeners, homologues and isomers, as follows:
_____(A) CP 47,497 AND homologues, 2-[(1R,3S)-3- Hydroxycyclohexyl]-5-(2-methyloctan-2-YL)
phenol);
_____(B) HU-210, [(6AR,10AR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-Methyloctan-2-YL)-6A,7,
10, 10A-tetrahydrobenzo[C] chromen-1-OL)];
_____(C) HU-211, (dexanabinol, (6AS,10AS)-9-(hydroxymethyl)-6,6-Dimethyl-3-(2-methyloctan
-2-YL)-6A,7,10,10atetrahydrobenzo[ C]chromen-1-OL);
_____(D) JWH-018, 1-pentyl-3-(1-naphthoyl)indole;
_____(E) JWH-019, 1-hexyl-3-(1-naphthoyl)indole;
_____(F) JWH-073, 1-butyl-3-(1-naphthoyl)indole;
_____(G) JWH-200, (1-(2-morpholin-4-ylethyl)indol-3-yl)- Naphthalen-1-ylmethanone;
_____(H) JWH-250, 1-pentyl-3-(2-methoxyphenylacetyl)indole.]
     (54) Synthetic cannabinoids including any material, compound, mixture or preparation that is not listed as a controlled substance in Schedule I through V, is not a federal Food and Drug Administration approved drug or used within legitimate and approved medical research and which contains any quantity of the following substances, their salts, isomers, whether optical positional or geometric, analogues, homologues and salts of isomers, analogues and homologues, unless specifically exempted, whenever the existence of these salts, isomers, analogues, homologues and salts of isomers, analogues and homologues if possible within the specific chemical designation:
     (A) Tetrahydrocannabinols meaning tetrahydrocannabinols which are naturally contained in a plant of the genus cannabis as well as synthetic equivalents of the substances contained in the plant or in the resinous extractives of cannabis or synthetic substances, derivatives and their isomers with analogous chemical structure and or pharmacological activity such as the following:
     (i) DELTA-1 CIS OR trans tetrahydrocannabinol and their Optical isomers.
     (ii) DELTA-6 CIS OR trans tetrahydrocannabinol and their optical isomers.
     (iii) DELTA-3,4 CIS or their trans tetrahydrocannabinol and their optical isomers.
     (B) Naphthoylindoles or any compound containing a 3-(-1- Napthoyl) indole structure with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. This shall include the following:
     (i) JWH 015;
     (ii) JWH 018;
     (iii) JWH 019;
     (iv) JWH 073;
     (v) JWH 081;
     (vi) JWH 122;
     (vii) JWH 200;
     (viii) JWH 210;
     (ix) JWH 398;
     (x) AM 2201;
     (xi) WIN 55,212.
     (55) Naphylmethylindoles or any compound containing a 1hindol-3-yl-(1-naphthyl) methane structure with a substition at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. This shall include, but not be limited to, JWH 175 and JWH 184.
     (56) Naphthoylpyrroles or any compound containing a 3-(1- Naphthoyl) pyrrole structure with substitution at the nitrogen atom of the pyrrole ring whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent. This shall include, but not be limited to, JWH 147 and JWH 307.
     (57) Naphthylmethylindenes or any compound containing a Naphthylideneindene structure with substitution at the 3- Position of the indene ring whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent. This shall include, but not be limited to, JWH 176.
     (58) Phenylacetylindoles or any compound containing a 3- Phenylacetylindole structure with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. This shall include the following:
     (A) RCS-8, SR-18 OR BTM-8;
     (B) JWH 250;
     (C) JWH 203;
     (D) JWH 251;
     (E) JWH 302.
     (59) Cyclohexylphenols or any compound containing a 2-(3- hydroxycyclohexyl) phenol structure with a substitution at the 5-position of the phenolic ring whether or not substituted in the cyclohexyl ring to any extent. This shall include the following:
     (A) CP 47,497 and its homologues and analogs;
     (B) Cannabicyclohexanol;
     (C) CP 55,940.
     (60) Benzoylindoles or any compound containing a 3-(benzoyl) indole structure with substitution at the nitrogren atom of the indole ring whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. This shall include the following:
     (A) AM 694;
     (B) Pravadoline WIN 48,098;
     (C) RCS 4;
     (D) AM 679.
     (61) [2,3-dihydro-5 methyl-3-(4-morpholinylmethyl)pyrrolo [1,2,3-DE]-1, 4-benzoxazin-6-YL]-1-napthalenymethanone. This shall include WIN 55,212-2.
     (62) Dibenzopyrans or any compound containing a 11-hydroxydelta 8-tetrahydrocannabinol structure with substitution on the 3-pentyl group. This shall include HU-210, HU-211, JWH 051 and JWH 133.
     (63) Adamantoylindoles or any compound containing a 3-(-1- Adamantoyl) indole structure with substitution at the nitrogen atom of the indole ring whether or not further substituted in the adamantoyl ring system to any extent. This shall include AM1248.
     (64) Tetramethylcyclopropylindoles or any compound containing A 3-tetramethylcyclopropylindole structure with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent and whether or not substituted in the tetramethylcyclopropyl ring to any extent. This shall include UR-144 and XLR-11.
     (65) ?(1-Adamantyl)-1-pentyl-1h-indazole-3-carboxamide. This shall include AKB48.
     (66) Any other synthetic chemical compound that is a Cannabinoid receptor type 1 agonist as demonstrated by binding studies and functional assays that is not listed in Schedules II, III, IV and V, not federal Food and Drug Administration approved drug or used within legitimate, approved medical research. Since nomenclature of these substances is not internationally standardized, any immediate precursor or immediate derivative of these substances shall be covered.
     (e) Depressants. -- Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
     (1) Mecloqualone;
     (2) Methaqualone.
     (f) Stimulants. -- Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers and salts of isomers:
     (1) Aminorex; some other names: aminoxaphen; 2-amino-5- phenyl-2-oxazoline; or 4,5-dihydro-5-phenyl-2-oxazolamine;
     (2) Cathinone; some trade or other names: 2-amino-1-phenyl-1- propanone, alpha-aminopropiophenone, 2-aminopropiophenone and norephedrone;
     (3) Fenethylline;
     (4) Methcathinone, its immediate precursors and immediate derivatives, its salts, optical isomers and salts of optical isomers; some other names: (2-(methylamino)-propiophenone; alpha-(methylamino)propiophenone; 2-(methylamino)-1-phenylpropan-1- one; alpha-N-methylaminopropiophenone; monomethylpropion; 3,4-methylenedioxypyrovalerone and/or mephedrone; 3,4-methylenedioxypyrovalerone (MPVD); ephedrone; N-methylcathinone; methylcathinone; AL-464; AL-422; AL- 463 and UR1432;
     (5) (+-) cis-4-methylaminorex; ((+-)cis-4,5-dihydro-4-methyl- 5-phenyl-2-oxazolamine);
     (6) N-ethylamphetamine;
     (7) N,N-dimethylamphetemine; also known as N,N-alpha- trimethyl-benzeneethanamine; N,N-alpha-trimethylphenethylamine.
     (8) Alpha-pyrrolidinopentiophenone, also known as alpha-PVP, optical isomers, salts and salts of isomers.
     (g) Temporary listing of substances subject to emergency scheduling. Any material, compound, mixture or preparation which contains any quantity of the following substances:
     (1) ?[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl), its optical isomers, salts, and salts of isomers.
     (2)?[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl), its optical isomers, salts and salts of isomers.
     (8) (3) N-benzylpiperazine, also known as BZP.
     (h) The following controlled substances are included in Schedule I:
_____
(1) Synthetic Cathinones or any compound, except bupropion or compounds listed under a different schedule, or compounds used within legitimate and approved medical research, structurally derived from 2- Aminopropan-1-one by substitution at the 1-position with Monocyclic or fused polycyclic ring systems, whether or not the compound is further modified in any of the following ways:
_____(A) By substitution in the ring system to any extent with Alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl or halide Substituents whether or not further substituted in the ring system by one or more other univalent substituents.
_____(B) By substitution at the 3-position with an acyclic alkyl substituent.
_____(C) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl or methoxybenzyl groups.
_____(D) By inclusion of the 2-amino nitrogen atom in a cyclic structure.
_____
(2) Any other synthetic chemical compound that is a Cannabinoid receptor type 1 agonist as demonstrated by binding studies and functional assays that is not listed in Schedules II, III, IV and V, not federal Food and Drug Administration approved drug or used within legitimate, approved medical research.
§60A-2-206. Schedule II.

     (a) Schedule II consists of the drugs and other substances, by whatever official name, common or usual name, chemical name or brand name designated, listed in this section.
     (b) Substances, vegetable origin or chemical synthesis. -- Unless specifically excepted or unless listed in another schedule, any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
     (1) Opium and opiate, and any salt, compound, derivative or preparation of opium or opiate excluding apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene, naloxone and naltrexone, and their respective salts, but including the following:
     (A) Raw opium;
     (B) Opium extracts;
     (C) Opium fluid;
     (D) Powdered opium;
     (E) Granulated opium;
     (F) Tincture of opium;
     (G) Codeine;
     ((H) Dihydroetorphine;
_____
(H) (I) Ethylmorphine;
     (I) (J) Etorphine hydrochloride;
     (J) (K) Hydrocodone;
     (K) (L) Hydromorphone;
     (L) (M) Metopon;
     (M) (N) Morphine;
     (O) Oripavine;
_____
(N) (P) Oxycodone;
     (O) (Q) Oxymorphone; and
_____
(P) (R) Thebaine;
     (2) Any salt, compound, derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subdivision (1) of this subsection, except that these substances shall not include the isoquinoline alkaloids of opium;
     (3) Opium poppy and poppy straw;
     (4) Coca leaves and any salt, compound, derivative or preparation of coca leaves (including cocaine and ecgonine and their salts, isomers, derivatives and salts of isomers and derivatives), and any salt, compound, derivative or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extractions of coca leaves, which extractions do not contain cocaine or ecgonine;
     (5) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid or powder form which contains the phenanthrene alkaloids of the opium poppy).
     (c) Opiates. -- Unless specifically excepted or unless in another schedule, any of the following opiates, including its isomers, esters, ethers, salts and salts of isomers, esters and ethers whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation, dextrorphan and levopropoxyphene excepted:
     (1) Alfentanil;
     (2) Alphaprodine;
     (3) Anileridine;
     (4) Bezitramide;
     (5) Bulk dextropropoxyphene (nondosage forms);
     (6) Carfentanil;
     (7) Dihydrocodeine;
     (8) Diphenoxylate;
     (9) Fentanyl;
     (10) Isomethadone;
     (11) Levo-alphacetylmethadol; some other names: levo-alpha-acetylmethadol, levomethadyl acetate, LAAM;
     (12) Levomethorphan;
     (13) Levorphanol;
     (14) Metazocine;
     (15) Methadone;
     (16) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
     (17) Moramide-Intermediate, 2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid;
     (18) Pethidine; (meperidine);
     (19) Pethidine-Intermediate-A, 4-cyano-1-methyl-4- phenylpiperidine;
     (20) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
     (21) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
     (22) Phenazocine;
     (23) Piminodine;
     (24) Racemethorphan;
     (25) Racemorphan;
     (26) Remifentanil;
     (27) Sufentanil; and
_____(28) Tapentadol.
     (d) Stimulants. -- Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system:
     (1) Amphetamine, its salts, optical isomers and salts of its optical isomers;
     (2) Methamphetamine, its salts, isomers and salts of its isomers;
     (3) Methylphenidate;
     (4) Phenmetrazine and its salts.; and
_____
(5) Lisdexamfetamine.
     (e) Depressants. -- Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
     (1) Amobarbital;
     (2) Glutethimide;
     (3) Pentobarbital;
     (4) Phencyclidine;
     (5) Secobarbital.
     (f) Hallucinogenic substances:
     Nabilone: [Another name for nabilone: (+-)-trans-3-(1, 1-dimethylheptyl)-6, 6a, 7, 8, 10, 10a-hexahydro-1-hydroxy-6, 6-dimethyl-9H-dibenzo [b,d] pyran-9-one].
     (g) Immediate precursors. -- Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances:
     (1) Immediate precursor to amphetamine and methamphetamine:
     (A) Phenylacetone;
     (B) Some trade or other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl ketone;
     (2) Immediate precursors to phencyclidine (PCP):
     (A) 1-phenylcyclohexylamine; and
     (B) 1-piperidinocyclohexanecarbonitrile (PCC).
_____(3) Immediate precursor to fentanyl:
_____
4-anilino-N-phenethyl-4-piperidine (ANPP).
§60A-2-208. Schedule III.
     (a) Schedule III consists of the drugs and other substances, by whatever official name, common or usual name, chemical name or brand name designated, listed in this section.
     (b) Stimulants. -- Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position or geometric) and salts of such isomers whenever the existence of the salts, isomers and salts of isomers is possible within the specific chemical designation:
     (1) Those compounds, mixtures or preparations in dosage unit form containing any stimulant substances listed in Schedule II which compounds, mixtures or preparations were listed on August 25, 1971, as excepted compounds under 21 C.F.R. §1308.32, and any other drug of the quantitative composition shown in that list for those drugs or which is the same except that it contains a lesser quantity of controlled substances;
     (2) Benzphetamine;
     (3) Chlorphentermine;
     (4) Clortermine;
     (5) Phendimetrazine.
     (6) Hydrocodone.
     (c) Depressants. -- Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system:
     (1) Any compound, mixture or preparation containing:
     (A) Amobarbital;
     (B) Secobarbital;
     (C) Pentobarbital; or any salt of pentobarbital and one or more other active medicinal ingredients which are not listed in any schedule;
     (2) Any suppository dosage form containing:
     (A) Amobarbital;
     (B) Secobarbital;
     (C) Pentobarbital; or any salt of any of these drugs and approved by the food and drug administration for marketing only as a suppository;
     (3) Any substance which contains any quantity of a derivative of barbituric acid or any salt of barbituric acid;
     (4) Aprobarbital;
_____(5) Butabarbital (secbutabarbital);
_____
(6) Butalbital (including, but not limited to, Fioricet);
_____
(7) Butobarbital (butethal);
_____
(4) (8) Chlorhexadol;
     (9) Embutramide;
_____
(10) Gamma Hydroxybutryic Acid preparations;
_____
(11) Ketamine, its salts, isomers and salts of isomers [Some other names for ketamine: (+-)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone];
_____
(5) (12) Lysergic acid;
     (6) (13) Lysergic acid amide;
     (7) (14) Methyprylon;
     (8) (15) Sulfondiethylmethane;
     (9) (16) Sulfonethylmethane;
     (10) (17) Sulfonmethane;
     (18) Thiamylal;
_____(19) Thiopental;
_____
(11) (20) Tiletamine and zolazepam or any salt of tiletamine and zolazepam; some trade or other names for a tiletamine-zolazepam combination product: Telazol; some trade or other names for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone; some trade or other names for zolazepam: 4-(2-flurophenyl)-6, 8-dihydro-1, 3, 8-trimethylpyrazolo-[3,4-e] [1,4]-diazepin-7(1H)-one, flupyrazapon; and
_____
(12) Human growth hormones or anabolic steroids.
     
Ketamine, its salts, isomers and salts of isomers, including ketamine hydrochloride.
     
(21) Vinbarbital.
     (d) Nalorphine.
     (e) Narcotic drugs. -- Unless specifically excepted or unless listed in another schedule:
     (1) Any material, compound, mixture or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:
     (1) (A) Not more than 1.8 grams of codeine per 100 milliliters and not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
     (2) (B) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
     (3) Not more than 300 milligrams of dihydrocodeinone (hydrocodone) per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;
     
(4) Not more than 300 milligrams of dihydrocodeinone (hydrocodone) per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
     
(5) (C) Not more than 1.8 grams of dihydrocodeine per 100 milliliters and not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
     (6) (D) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
     (7) (E) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
     (8) (F) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
     (2) Any material, compound, mixture or preparation containing buprenorphine or its salts (including, but not limited to, Suboxone).
     (f) Anabolic steroids. -- Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of anabolic steroids, including its salts, isomers and salts of isomers whenever the existence of the salts of isomers is possible within the specific chemical designation.
     (g) Human growth hormones.
_____
(g) (h) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States food and drug administration approved drug product. (Some other names for dronabinol: (6aR-trans)-6a, 7, 8, 10a- tetrahydro-6, 6, 9-trimethyl-3-pentyl-6H-dibenzo [b,d] pyran-1- ol or (-)-delta-9-(trans)-tetrahydrocannabinol).
§60A-2-210. Schedule IV.
     (a) Schedule IV shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
     (b) Narcotic drugs. -- Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:
     (1) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit;
     (2) Dextropropoxyphene(alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxy-
butane).
     (c) Depressants. -- Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
     (1) Alprazolam;
     (2) Barbital;
     (3) Bromazepam;
     (4) Camazepam;
     (5) Carisoprodol;
     (6) Chloral betaine;
     (7) Chloral hydrate;
     (8) Chlordiazepoxide;
     (9) Clobazam;
     (10) Clonazepam;
     (11) Clorazepate;
     (12) Clotiazepam;
     (13) Cloxazolam;
     (14) Delorazepam;
     (15) Diazepam;
     (16) Dichloralphenazone;
_____
(16) (17) Estazolam;
     (17) (18) Ethchlorvynol;
     (18) (19) Ethinamate;
     (19) (20) Ethyl loflazepate;
     (20) (21) Fludiazepam;
     (21) (22) Flunitrazepam;
     (22) (23) Flurazepam;
     (24) Fospropofol;
_____
(23) (25) Halazepam;
     (24) (26) Haloxazolam;
     (25) (27) Ketazolam;
     (26) (28) Loprazolam;
     (27) (29) Lorazepam;
     (28) (30) Lormetazepam;
     (29) (31) Mebutamate;
     (30) (32) Medazepam;
     (31) (33) Meprobamate;
     (32) (34) Methohexital;
     (33) (35) Methylphenobarbital (mephobarbital);
     (34) (36) Midazolam;
     (35) (37) Nimetazepam;
     (36) (38) Nitrazepam;
     (37) (39) Nordiazepam;
     (38) (40) Oxazepam;
     (39) (41) Oxazolam;
     (40) (42) Paraldehyde;
     (41) (43) Petrichloral;
     (42) (44) Phenobarbital;
     (43) (45) Pinazepam;
     (44) (46) Prazepam;
     (45) (47) Quazepam;
     (46) (48) Temazepam;
     (47) (49) Tetrazepam;
     (48) (50) Triazolam;
     (51) Zaleplon;
_____
(49) (52) Zolpidem;
     (53) Zopiclone.
     (d) Fenfluramine. Any material, compound, mixture or preparation which contains any quantity of the following substance, including its salts, isomers (whether optical, position or geometric) and salts of such isomers whenever the existence of such salts, isomers and salts of isomers is possible: Fenfluramine and Dexfenfluramine.
     (e) Stimulants. -- Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers and salts of isomers:
     (1) Cathine ((+)-norpseudoephedrine);
     (2) Diethylpropion;
     (3) Fencamfamin;
     (4) Fenproporex;
     (5) Mazindol;
     (6) Mefenorex;
     (7) Modafinil;
_____
(7) (8) Pemoline (including organometallic complexes and chelates thereof);
     (8) (9) Phentermine;
     (9) (10) Pipradrol;
     (11) Sibutramine;
_____
(10) (12) SPA ((-)-1-dimethylamino-1,2-diphenylethane).
     (f) Other substances. -- Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, including its salts:
     (1) Pentazocine;
     (2) Butorphanol;
     (3) tramadol hydrochloride.
     Amyl nitrite, butyl nitrite, isobutyl nitrite and the other organic nitrites are controlled substances and no product containing these compounds as a significant component shall be possessed, bought or sold other than pursuant to a bona fide prescription or for industrial or manufacturing purposes.
§60A-2-212. Schedule V.

     (a) Schedule V shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
     (b) Narcotic drugs. -- Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation containing any of the following narcotic drugs and their salts, as set forth below:
     
(1) Buprenorphine. (c) (b) Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture or preparation containing any of the following narcotic drugs or their salts calculated as the free anhydrous base or alkaloid in limited quantities as set forth below, which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:
     (1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
     (2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
     (3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
     (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;
     (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams;
     (6) Not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
     (d) (c) Stimulants. -- Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers and salts of isomers:
     (1) Pyrovalerone.
     (e) (d) Any compound, mixture or preparation containing as its single active ingredient ephedrine, pseudoephedrine or phenylpropanolamine, their salts or optical isomers, or salts of optical isomers except products which are for pediatric use primarily intended for administration to children under the age of twelve: Provided, That neither the offenses set forth in section four hundred one, article four of this chapter, nor the penalties therein, shall be applicable to ephedrine, pseudoephedrine or phenylpropanolamine which shall be subject to the provisions of article ten of this chapter.
     (e) Depressants. -- Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts:
_____(1) Ezogabine [N-[2-amino-4-94-fluorobenzylamino)-phenyl]-carbamic acid ethyl ester];
_____(2)Lacosamide [(R)-2-acetoamido-
N -benzyl-3-methoxy-propionamide];
_____(3) Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid].
§60A-3-308. Prescriptions.
     (a) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance in Schedule II may be dispensed without the lawful prescription of a practitioner.
     (b) In emergency situations, as defined by rule of the said appropriate department, board or agency, Schedule II drugs may be dispensed upon oral prescription of a practitioner, reduced promptly to writing and filed by the pharmacy. Prescription shall be retained in conformity with the requirements of section three hundred six of this article. No prescription for a Schedule II substance may be refilled.
     (c) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in Schedule III or IV, which is a prescription drug as determined under appropriate state or federal statute, shall not be dispensed without a lawful prescription of a practitioner. The prescription shall not be filled or refilled more than six months after the date thereof or be refilled more than five times unless renewed by the practitioner.
     (d) (1) A controlled substance included in Schedule V shall not be distributed or dispensed other than for a medicinal purpose: Provided, That buprenorphine shall be dispensed only by prescription pursuant to subsections (a), (b) and (c) of this section: Provided, however, That the controlled substances included in subsection (e), section two hundred twelve, article two of this chapter shall be dispensed, sold or distributed only by a physician, in a pharmacy by a pharmacist or pharmacy technician, or health care professional.
     (2) If the substance described in subsection (e), section two hundred twelve, article two of this chapter is dispensed, sold or distributed in a pharmacy:
     (A) The substance shall be dispensed, sold or distributed only by a pharmacist or a pharmacy technician; and
     (B) Any person purchasing, receiving or otherwise acquiring any such substance shall produce a photographic identification issued by a state or federal governmental entity reflecting his or her date of birth.
     (e) Notwithstanding any provision of this code to the contrary, on or after September 1, 2012, any practitioner or entity prescribing or dispensing a combination of buprenorphine and naloxone to treat opioid addiction shall only prescribe or dispense said product in the form of sublingual film unless the sublingual film is clinically contraindicated. If the prescriber or dispenser determines that sublingual film is contraindicated he or she shall document the reasons for not dispensing sublingual film in the patients file or chart."
     And,
     By amending the title of the bill to read as follows:
     Com. Sub. for H. B. 4208 - "A Bill to amend and reenact §60A-1-101 of the Code of West Virginia, 1931, as amended; to amend and reenact §60A-2-204; §60A-2-206, §60A-2-208, §60A-2-210 and §60A-2-212 of said code; and to amend and reenact §60A-3-308 of said code, all relating generally to controlled substances; modifying the lists of scheduled controlled drugs; making all substances containing dihydrocodeinone schedule II controlled substances; making tramadol hydrochloride a schedule IV controlled substance; adding certain synthetic drugs to the list of scheduled controlled substances; modifying and including definitions; and modifying manner in which buprenorphine and naloxone may be prescribed."
     On motion of Delegate White, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Delegate Householder noted to the Clerk that he was absent when the vote was taken on Roll No. 478, and had he been present, he would have noted "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. 4411, Allowing the disposal of drill cuttings and associated drilling waste generated from well sites in commercial solid waste facilities.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:

     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 15. SOLID WASTE MANAGEMENT ACT.
§22-15-8. Limit on the size of solid waste facilities; rulemaking.

     (a) On and after October 1, 1991, it is unlawful to operate any commercial solid waste facility that handles between ten thousand and thirty thousand tons of solid waste per month, except as provided in section nine of this article and sections twenty-six, twenty-seven and twenty-eight, articles four and four-a, chapter twenty-two-c of this code.
     (b) Except as provided in section nine of this article, the maximum quantity of solid waste which may lawfully be received or disposed of at any commercial solid waste facility is thirty thousand tons per month.
     (c) The director secretary shall, within the limits contained in this article, place a limit on the amount of solid waste received or disposed of per month in commercial solid waste facilities. The director secretary shall consider at a minimum the following criteria in determining a commercial solid waste facilitys monthly tonnage limit:
     (1) The proximity and potential impact of the solid waste facility upon groundwater, surface water and potable water;
     (2) The projected life and design capacity of the solid waste facility;
     (3) The available air space, lined acreage, equipment type and size, adequate personnel and wastewater treatment capabilities; and
     (4) Other factors related to the environmentally safe and efficient disposal of solid waste.
     (d) Within the limits established in this article, the director secretary shall determine the amount of sewage sludge which may be safely treated, stored, processed, composted, dumped or placed in a solid waste facility.
     (e) The director secretary shall promulgate emergency rules and propose for legislative promulgation, legislative rules pursuant to the provisions of article three, chapter twenty-nine-a of this code, to effectuate the requirements of this section. When developing the rules, the director secretary shall consider at a minimum the potential impact of the treatment, storage, processing, composting, dumping or placing sewage sludge at a solid waste facility:
     (1) On the groundwater, surface waters and potable waters in the area;
     (2) On the air quality in the area;
     (3) On the projected life and design capacity of the solid waste facility;
     (4) On the available air space, lined acreage, equipment type and size, personnel and wastewater treatment capabilities;
     (5) The facilitys ability to adequately develop markets and market the product which results from the proper treatment of sewage sludge; and
     (6) Other factors related to the environmentally safe and efficient treatment, storage, processing, composting, dumping or placing of sewage sludge at a solid waste facility.
     (f) Sewage sludge disposed of at a landfill must contain at least twenty percent solid by weight. This requirement may be met by adding or blending sand, sawdust, lime, leaves, soil or other materials that have been approved by the director secretary prior to disposal. Alternative sewage sludge disposal methods can be utilized upon obtaining written approval from the director secretary. No facility may accept for land filling in any month sewage sludge in excess of twenty-five percent of the total tons of solid waste accepted at the facility for land filling in the preceding month.
     (g) Notwithstanding any other provision of this code to the contrary, a commercial solid waste facility that is not located in a karst region as determined by the West Virginia Geologic and Economic Survey may lawfully receive drill cuttings and drilling waste generated from horizontal well sites above the monthly tonnage limits of the commercial solid waste facility under the following conditions and limitations:
_____(1)(A) The drill cuttings and associated drilling waste are placed in a separate cell dedicated solely to the disposal of drill cuttings and drilling waste; and
_____(B) The separate cell dedicated to drill cuttings and associated drilling waste is constructed pursuant to the standards set out in this article and Legislative rules promulgated thereunder; and
_____(C) The facility has obtained any certificate of need, or amended certificate of need, authorizing such separate cell as may be required by the public service commission in accordance with section one-c, article two, chapter twenty-four of this code.
_____(2) The secretary may only allow those solid waste facilities that applied by December 31, 2013 for a permit modification to construct a separate cell for drill cuttings and associated drilling waste, to accept drill cuttings and associated drilling waste at its commercial solid waste facility without counting the deposited drill cuttings and associated drilling waste towards the landfills permitted monthly tonnage limits, until September 30, 2014.
_____(3) No solid waste facility may exclude or refuse to take municipal solid waste in the quantity up to and including its permitted tonnage limit while the facility is allowed to lawfully receive drill cuttings or drilling waste above its permitted tonnage limits.
_____(h) Any solid waste facility taking drill cuttings and drilling waste must install radiation monitors by January 1, 2015. The secretary shall promulgate emergency and legislative rules to establish limits for unique toxins associated with drill cuttings and drilling waste including, but not limited to heavy metals, petroleum-related chemicals, (benezene, tluene, xylene, barium, chlorides, radium and radon and establish the procedures the facility must follow if that limit is exceeded:
Provided, That said rules shall establish and set forth a procedure to provide that any detected radiation readings above any established radiation limits will require that the solid waste landfill immediately cease accepting all affected drill cuttings and drilling waste until the secretary has inspected said landfill and certified pursuant to established rules and regulations that radiation levels have returned to below the established radiation limits. Any truck load of drill cuttings or drilling waste which exceeds the radiation reading limits shall not be allowed to enter the landfill until inspected and approved by the Department of Environmental Protection.
_____(i) The total amount of waste received at a commercial solid waste landfill with one or more operating cells on its property may not exceed the total volume of its permitted capacity for that facility in any month, and the quantities of drill cuttings and drilling waste received at that facility shall be counted and applied toward the facilitys established tonnage cap.
_____(j) On or before January 1, 2015, the secretary shall submit an investigation and report to the Joint Legislative Oversight Commission on Water Resources and the Legislatures Joint Committee on Government and Finance which examines: (1) The hazardous characteristics of leachate collected from solid waste facilities receiving drill cuttings and drilling waste, including but not limite to the presence of heavy metals, petroleum related chemicals (benzene, toluene, xylene, etc.) barium, chlorides, radium and radon; (2) the potential negative impacts on the surface water or groundwater resources of this state associated with the collection, treatment and disposal of leachate from such landfills; and (3) the technical and economic feasibility and benefits of establishing additional and/or separate disposal locations which are funded, constructed, owned and/or operated by the oil and gas industry.
§22-15-11. Solid waste assessment fee; penalties.
     (a) Imposition. -- A solid waste assessment fee is hereby imposed upon the disposal of solid waste at any solid waste disposal facility in this state in the amount of one dollar and seventy-five cents per ton or part thereof of solid waste. The fee imposed by this section is in addition to all other fees and taxes levied by law and shall be added to and constitute part of any other fee charged by the operator or owner of the solid waste disposal facility.
     (b) Collection, return, payment and records. -- The person disposing of solid waste at the solid waste disposal facility shall pay the fee imposed by this section, whether or not such person owns the solid waste, and the fee shall be collected by the operator of the solid waste facility who shall remit it to the tax commissioner.
     (1) The fee imposed by this section accrues at the time the solid waste is delivered to the solid waste disposal facility.
     (2) The operator shall remit the fee imposed by this section to the tax commissioner on or before the fifteenth day of the month next succeeding the month in which the fee accrued. Upon remittance of the fee, the operator is required to file returns on forms and in the manner as prescribed by the tax commissioner.
     (3) The operator shall account to the state for all fees collected under this section and shall hold them in trust for the state until remitted to the tax commissioner.
     (4) If any operator fails to collect the fee imposed by this section, he or she is personally liable for such amount as he or she failed to collect, plus applicable additions to tax, penalties and interest imposed by article ten, chapter eleven of this code.
     (5) Whenever any operator fails to collect, truthfully account for, remit the fee or file returns with the fee as required in this section, the tax commissioner may serve written notice requiring such operator to collect the fees which become collectible after service of such notice, to deposit such fees in a bank approved by the tax commissioner, in a separate account, in trust for and payable to the tax commissioner and to keep the amount of such fees in such account until remitted to the tax commissioner. Such notice remains in effect until a notice of cancellation is served on the operator or owner by the tax commissioner.
     (6) Whenever the owner of a solid waste disposal facility leases the solid waste facility to an operator, the operator is primarily liable for collection and remittance of the fee imposed by this section and the owner is secondarily liable for remittance of the fee imposed by this section. However, if the operator fails, in whole or in part, to discharge his or her obligations under this section, the owner and the operator of the solid waste facility are jointly and severally responsible and liable for compliance with the provisions of this section.
     (7) If the operator or owner responsible for collecting the fee imposed by this section is an association or corporation, the officers thereof are liable, jointly and severally, for any default on the part of the association or corporation, and payment of the fee and any additions to tax, penalties and interest imposed by article ten, chapter eleven of this code may be enforced against them as against the association or corporation which they represent.
     (8) Each person disposing of solid waste at a solid waste disposal facility and each person required to collect the fee imposed by this section shall keep complete and accurate records in such form as the tax commissioner may require in accordance with the rules of the tax commissioner.
     (c) Regulated motor carriers. -- The fee imposed by this section and section twenty-two, article five, chapter seven of this code is considered a necessary and reasonable cost for motor carriers of solid waste subject to the jurisdiction of the public service commission under chapter twenty-four-a of this code. Notwithstanding any provision of law to the contrary, upon the filing of a petition by an affected motor carrier, the public service commission shall, within fourteen days, reflect the cost of said fee in said motor carriers rates for solid waste removal service. In calculating the amount of said fee to said motor carrier, the commission shall use the national average of pounds of waste generated per person per day as determined by the United States Environmental Protection Agency.
     (d) Definition of solid waste disposal facility. -- For purposes of this section, the term solid waste disposal facility means any approved solid waste facility or open dump in this state, and includes a transfer station when the solid waste collected at the transfer station is not finally disposed of at a solid waste disposal facility within this state that collects the fee imposed by this section. Nothing herein authorizes in any way the creation or operation of or contribution to an open dump.
     (e) Exemptions. -- The following transactions are exempt from the fee imposed by this section:
     (1) Disposal of solid waste at a solid waste disposal facility by the person who owns, operates or leases the solid waste disposal facility if the facility is used exclusively to dispose of waste originally produced by such person in such persons regular business or personal activities or by persons utilizing the facility on a cost-sharing or nonprofit basis;
     (2) Reuse or recycling of any solid waste;
     (3) Disposal of residential solid waste by an individual not in the business of hauling or disposing of solid waste on such days and times as designated by the director secretary is exempt from the solid waste assessment fee; and
     (4) Disposal of solid waste at a solid waste disposal facility by a commercial recycler which disposes of thirty percent or less of the total waste it processes for recycling. In order to qualify for this exemption each commercial recycler must keep accurate records of incoming and outgoing waste by weight. Such records must be made available to the appropriate inspectors from the division, upon request.
     (f) Procedure and administration. -- Notwithstanding section three, article ten, chapter eleven of this code, each and every provision of the West Virginia Tax Procedure and Administration Act set forth in article ten, chapter eleven of this code shall apply to the fee imposed by this section with like effect as if said act were applicable only to the fee imposed by this section and were set forth in extenso herein.
     (g) Criminal penalties. -- Notwithstanding section two, article nine, chapter eleven of this code, sections three through seventeen, article nine, chapter eleven of this code shall apply to the fee imposed by this section with like effect as if said sections were applicable only to the fee imposed by this section and were set forth in extenso herein.
     (h) Dedication of proceeds. -- The net proceeds of the fee collected by the tax commissioner pursuant to this section shall be deposited at least monthly in an account designated by the director secretary. The director secretary shall allocate twenty-five cents for each ton of solid waste disposed of in this state upon which the fee imposed by this section is collected and shall deposit the total amount so allocated into the Solid Waste Reclamation and Environmental Response Fund to be expended for the purposes hereinafter specified. The first one million dollars of the net proceeds of the fee imposed by this section collected in each fiscal year shall be deposited in the Solid Waste Enforcement Fund and expended for the purposes hereinafter specified. The next two hundred fifty thousand dollars of the net proceeds of the fee imposed by this section collected in each fiscal year shall be deposited in the Solid Waste Management Board Reserve Fund, and expended for the purposes hereinafter specified: Provided, That in any year in which the water development authority determines that the solid waste management board reserve fund is adequate to defer any contingent liability of the fund, the water development authority shall so certify to the director secretary and the director secretary shall then cause no less than fifty thousand dollars nor more than two hundred fifty thousand dollars to be deposited to the fund: Provided, however, That in any year in which the water development authority determines that the solid waste management board reserve fund is inadequate to defer any contingent liability of the fund, the water development authority shall so certify to the director secretary and the director secretary shall then cause not less than two hundred fifty thousand dollars nor more than five hundred thousand dollars to be deposited in the fund: Provided further, That if a facility owned or operated by the state of West Virginia is denied site approval by a county or regional solid waste authority, and if such denial contributes, in whole or in part, to a default, or drawing upon a reserve fund, on any indebtedness issued or approved by the solid waste management board, then in that event the solid waste management board or its fiscal agent may withhold all or any part of any funds which would otherwise be directed to such county or regional authority and shall deposit such withheld funds in the appropriate reserve fund. The director secretary shall allocate the remainder, if any, of said net proceeds among the following three special revenue accounts for the purpose of maintaining a reasonable balance in each special revenue account, which are hereby continued in the State Treasury:
     (1) The Solid Waste Enforcement Fund which shall be expended by the director secretary for administration, inspection, enforcement and permitting activities established pursuant to this article;
     (2) The Solid Waste Management Board Reserve Fund which shall be exclusively dedicated to providing a reserve fund for the issuance and security of solid waste disposal revenue bonds issued by the solid waste management board pursuant to article three, chapter twenty-two-c of this code;
     (3) The Solid Waste Reclamation and Environmental Response Fund which may be expended by the director secretary for the purposes of reclamation, cleanup and remedial actions intended to minimize or mitigate damage to the environment, natural resources, public water supplies, water resources and the public health, safety and welfare which may result from open dumps or solid waste not disposed of in a proper or lawful manner.
     (i) Findings. -- In addition to the purposes and legislative findings set forth in section one of this article, the Legislature finds as follows:
     (1) In-state and out-of-state locations producing solid waste should bear the responsibility of disposing of said solid waste or compensate other localities for costs associated with accepting such solid waste;
     (2) The costs of maintaining and policing the streets and highways of the state and its communities are increased by long distance transportation of large volumes of solid waste; and
     (3) Local approved solid waste facilities are being prematurely depleted by solid waste originating from other locations.
     (j) The Gas Field Highway Repair and Horizontal Drilling Waste Study Fund is hereby created as a special revenue fund in the State Treasury to be administered by West Virginia division of highways and to be expended only on the improvement, maintenance, and repair of public roads of three lanes or less located in the wasteshed from which the revenue was received that are identified by the commissioner of highways as having been damaged by trucks and other traffic associated with horizontal well drilling sites or the disposal of waste generated by such sites, and that experience congestion caused, in whole or in part, by such trucks and traffic that interferes with the use of said roads by residents in the vicinity of such roads: Provided, That up to $750,000 from such fund shall be made available to the Department of Environmental Protection from the same fund to offset contracted costs incurred by that Division of Environmental Protection while undertaking the horizontal drilling waste disposal studies mandated by the provisions of subsection (j), section eight of this article. Any balance remaining in the special revenue account at the end of any fiscal year shall not revert to the General Revenue Fund but shall remain in the special revenue account and shall be used solely in a manner consistent with this section. The fund shall consist of the fee provided for in subsection (k) of this section.
_____
(k) Horizontal drilling waste assessment fee--An additional solid waste assessment fee is hereby imposed upon the disposal of drill cuttings and drilling waste generated by horizontal well sites in the amount of one dollar per ton, which fee is in addition to all other fees and taxes levied by this section or otherwise and shall be added to and constitute part of any other fee charged by the operator or owner of the solid waste disposal facility: Provided, That the horizontal drilling waste assessment fee shall be collected and administered in the same manner as the solid waste assessment fee imposed by this section, but shall be imposed only upon the disposal of drill cuttings and drilling waste generated by horizontal well sites."
     And,
     By amending the title of the bill to read as follows:
     Com. Sub. for H. B. 4411 - "A Bill to amend and reenact §22-15-8 and §22-15-11 of the Code of West Virginia, 1931, as amended, all relating to the disposal of drill cuttings and associated drilling waste generated from well sites at commercial solid waste facilities; allowing for the receipt of additional drilling waste at certain commercial solid waste facilities above the facilitys existing tonnage limit if certain conditions are met; recognizing the facilitys continuing obligation to receive municipal solid waste while exceeding its permitted tonnage caps; requiring radiation and leachate monitoring at all facilities receiving drill cuttings and drilling waste; establishing minimum requirements for the monitoring program; requiring the investigation and report by the department of environmental protection to the legislature on specified issues associated with the disposal of drill cuttings and drilling wastes at landfills; required scope of study; establishing deadlines, effective dates; creating a special revenue fund in the state treasury; establishing an additional solid waste fee; and requiring the promulgation of emergency and legislative rules."
     On motion of Delegate White, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Daily Calendar

Third Reading

     
S. B. 380, Redefining "all-terrain and utility terrain vehicles"; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 398), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 380) passed.
     On motion of Delegate Manchin, the title of the bill was amended to read as follows:
     S. B. 380 - "A Bill to amend and reenact §17A-1-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17A-6-1 of said code, all relating to off-road vehicles; and updating statutory definitions to reflect new categories of vehicles and standard accessories."
     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. 391, Providing salary increase for teachers and school service personnel; on third reading, coming up in regular order, was read a third time.
     Delegates Ambler, P. Smith, Lawrence, Wells and Young requested to be excused from voting on the passage of Com. Sub. for H. B. 4104 under the provisions of House Rule 49.
     The Speaker stated that the aforementioned Members were members 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 them from voting thereon.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 399), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 391) 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. 391 - "A Bill to amend to amend and reenact §18A-4-2 and §18A-4-8a of the Code of West Virginia, 1931, as amended, all relating to generally to increasing compensation for teachers and school service personnel; and expressing legislative goal."
     Delegate White moved that the bill take effect July 1, 2014.
     On this question, the yeas and nays were taken (Roll No. 400), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 391) takes effect July 1, 2014.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Com. Sub. for S. B. 395, Relating to operation and oversight of certain human services benefit 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. 401), 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: Ambler, J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 395) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     Delegate Ambler noted to the Clerk that he was absent when the vote was taken on Roll No. 401, and that had he been present, he would have voted "Yea" thereon.
     Com. Sub. for S. B. 419, Creating Overdose Prevention 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. 402), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Marcum.
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 419) passed.
     On motion of Delegate Manchin, the title of the bill was amended to read as follows:
     Com. Sub. for S. B. 419 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-46-1, §16-46-2 and §16-46-3, all relating to creating the Overdose Prevention Act; stating legislative findings; defining terms; providing amnesty for certain alcohol-related misdemeanor offenses; providing conditions giving rise to amnesty and the limitations thereon; and providing exceptions."
     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. 425, Relating to licensure, supervision and regulation of physician assistants; 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. 403), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 425) 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. 426, Relating to appointments to certain higher education commissions, councils and boards; 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. 404), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 426) passed.
     Delegate White moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 405), 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: Manchin, J. Nelson and Raines.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 426) 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. 430, Relating to receipting of state moneys; 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. 406), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Sobonya.
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 430) passed.
     Delegate White moved that the bill take effect July 1, 2014.
     On this question, the yeas and nays were taken (Roll No. 407), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 430) takes effect July 1, 2014.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Com. Sub. for S. B. 432, Relating to calculating local share; on third reading, coming up in regular order, at the request of Delegate White and by unanimous consent, placed at the foot of bills on third reading.
     Com. Sub. for S. B. 439, Permitting Ohio County Commission levy special district excise tax for Fort Henry; 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. 408), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 439) 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. 439 - "A Bill to amend and reenact §7-22-9 and §7-22-15 of the Code of West Virginia, 1931, as amended, all relating to county economic opportunity development district; increasing the Fort Henry economic opportunity development project district from three hundred to five hundred contiguous acres of land; providing when the Fort Henry Economic Opportunity Development District may be abolished or terminated; providing time period during which certain economic opportunity development districts may exist and when abolished by operation of law; providing definitions; providing for the authority of the Tax Commissioner; and providing effect of cessation and abolishment of a county economic opportunity development district."
     Delegate White moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 409), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 439) 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. 450, Relating to sale and consumption of alcoholic liquors in certain outdoor dining areas; 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. 410), 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, Arvon, Azinger, Border, Canterbury, A. Evans, D. Evans, Fragale, Frich, Hamilton, Ireland, Kump, Moye, Overington, L. Phillips, Romine, R. Smith, Sobonya, Sumner and Walker.
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 450) passed.
     On motion of Delegate Manchin, the title of the bill was amended to read as follows:
     Com. Sub. for S. B. 450 - "A Bill to amend and reenact §60-1-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-8-3 of said code, all relating to the licensed sale and consumption of alcoholic beverages in outdoor settings adjacent to public places; relating to the sale of liquors in liquors in outdoor dining areas adjoining an ABCA-licensed facility; permitting the sale of wine at certain college and university sports stadiums; establishing the conditions under which wine may be sold; setting a licensing fee; establishing who may hold a license; stating where wine may be served; granting the authority to grant waivers and exceptions and to revoke licenses; defining a term; authorizing rulemaking; and clarifying the definition of public place as it relates to such special licenses."
     Delegate White moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 411), 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, Arvon, Azinger, Border, A. Evans, D. Evans, Fragale, Frich, Gearheart, Hamilton, Howell, Ireland, Kump, Moye, Overington, L. Phillips, Romine, Sobonya, Sumner and Walker.
     Absent and Not Voting: J. Nelson and Raines.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 450) 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. 458, Dedicating certain circuit court fees to fund low-income persons civil legal services; 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. 412), and there were--yeas 90, nays 8, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Andes, Armstead, Arvon, Ellington, Gearheart, Howell, Kump and R. Smith.
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 458) 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. 458 - "A Bill to amend and reenact §59-1-11 of the Code of West Virginia, 1931, as amended, relating to certain fees in the circuit courts of the state to be dedicated to the support of civil legal services for low-income persons by depositing certain fees in the pre- existing Fund for Civil Legal Services for Low Income Persons; requiring the civil action filing fee apply to removal of cases from magistrate court; increasing the civil action filing fee; creating a new fee associated with certain civil court filings; creating exceptions; and providing for the collection of certain fees by magistrate court."
     Delegate White moved that the bill take effect July 1, 2014.
     On this question, the yeas and nays were taken (Roll No. 413), and there were--yeas 91, nays 7, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Armstead, Folk, Gearheart, Householder, Howell, Kump and R. Smith.
     Absent and Not Voting: J. Nelson and Raines.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 458) takes effect July 1, 2014.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Com. Sub. for S. B. 461, Creating Future Fund; on third reading, coming up in regular order, with amendments pending and further right to amend, was, at the request of Delegate White and by unanimous consent, placed at the foot of bills.
     Com. Sub. for S. B. 469, Creating Veterans and Warriors to Agriculture Program; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 414), 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: Marcum, J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 469) 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. 480, Expanding period during which certain motor vehicle liens are valid; on third reading, coming up in regular order, was read a third time.
     Delegate Miller requested to be excused from voting on the passage of Com. Sub. for S. B. 480 under the provisions of House Rule 49.
     The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 415), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Manypenny and Marcum.
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 480) passed.
     On motion of Delegate Manchin, the title of the bill was amended to read as follows:
     Com. Sub. for S. B. 480 - "A Bill to amend and reenact §17A-4A-15 of the Code of West Virginia, 1931, as amended, relating to liens on vehicles; expanding the period during which a recorded lien on a vehicle is valid; and expanding the period during which a refiled lien on a vehicle is valid."
     Delegate White moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 416), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 480) 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. 485, Exempting DOH from certain permitting requirements of Natural Stream Preservation 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. 417), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Skinner.
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 485) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     Com. Sub. for S. B. 486, Establishing salaries and providing raises for State Police forensic lab employees; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 418), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 486) 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. 486 - "A Bill to amend and reenact §15-2-7 of the Code of West Virginia, 1931, as amended, relating to establishing annual longevity salary increases for West Virginia State police civilian employees; providing salary increase for current employees within the West Virginia State Police Forensic Laboratory; and requiring the Director of the West Virginia State Police Forensic Laboratory to submit a report before January 1, 2018, to the Joint Committee on Government and Finance detailing the West Virginia State Police Forensic Laboratorys ability to retain employees."
     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. 495, Increasing collections into Land Division special revenue account; on third reading, coming up in regular order, was, at the request of Delegate White and by unanimous consent, placed at the foot of bills on third reading.
     Com. Sub. for S. B. 504, Authorizing Auditor establish Debt Resolution Services Division; 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. 419), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Sobonya.
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 504) 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. 533, Updating commercial feed laws; setting fees by rule; 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. 420), and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Cowles, Faircloth and Gearheart.
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 533) passed.
     Delegate White moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 421), and there were--yeas 93, nays 4, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Folk, Gearheart, Householder and Howell.
     Absent and Not Voting: Craig, J. Nelson and Raines.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 533) takes effect from its passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Com. Sub. for S. B. 535, Clarifying definition of "ginseng"; 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. 422), 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: Craig, J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 535) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     S. B. 547, Clarifying municipalities can increase and decrease voting wards and/or council 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. 423), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 547) passed.
     Delegate White moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 424), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 547) takes effect from its passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     Com. Sub. for S. B. 553, Relating to deadlines for independent candidates to file for municipal elections; 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. 425), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 553) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     S. B. 572, Relating to financing statements covering as-extracted collateral or timber to be cut; 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. 426), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 572) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     S. B. 583, Permitting emergency rule-making authority to implement Spay Neuter Assistance Program; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 427), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Walters.
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 583) passed.
     Delegate White moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 428), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 583) 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. 584, Relating to expiration and renewal of Board of Registration for Professional Engineers certificates; 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. 429), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 584) 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. 585, Removing unconstitutional language regarding access to rail lines; 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. 430), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 585) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     S. B. 586, Removing unconstitutional language regarding jurors and verdicts permitted in certain civil litigation; 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. 431), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 586) 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. 601, Removing unconstitutional language regarding relief in circuit court against erroneous assessments; 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. 432), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 601) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     Com. Sub. for S. B. 619, Exempting certain critical access hospitals from certificate of need requirement; 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. 433), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 619) 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. 631, Extending time for Fayetteville City Council to meet as levying body; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 434), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Howell.
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 631) passed.
     Delegate White moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 435), and there were--yeas 98, nays none absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 631) takes effect from its passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     Com. Sub. for H. B. 4015, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution; on third reading, coming up in regular order, was, on motion of Delegate White, laid upon the table.
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
     Com. Sub. for H. B. 4298, Changing the experience requirements of the composition of the members of the West Virginia Ethics Commission.
     The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
     Senators Williams, Miller and Sypolt.
     On motion of Delegate White, 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 Hunt, Pino and Ellem.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

     At 5:31 p.m., on motion of Delegate White, the House of Delegates recessed until 6:00 p.m., and reconvened at that time.
     Delegate Arvon asked and obtained unanimous consent that the remarks of Delegate Sumner regarding the Com. Sub. for S. B. 306, Budget Bill, be printed in the Appendix to the Journal.
     Delegate Espinosa asked and obtained unanimous consent that all remarks of Members regarding Com. Sub. for S. B. 379 be printed in the Appendix to the Journal.
     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. 4286, Captive Cervid Farming Act.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
     "That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6, §19-2H-7, §19- 2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H-14 and §19-2H-15; and that §20-1-2 of said code be amended and reenacted, all to read as follows:
CHAPTER 19. AGRICULTURE.

ARTICLE 2H. CAPTIVE CERVID FARMING
ACT.
§19-2H-1. Short title; joint regulation.

     (a) This article shall be known and may be cited as the Captive Cervid Farming Act.
     (b) Captive cervid farming shall be jointly regulated by the Department of Agriculture and the Division of Natural Resources.
     (c) The department and division shall cooperate to implement the provisions of this article, promulgate rules, draft any Memorandums of Understanding or take other action as may be necessary for the proper and effective enforcement of these provisions.
§19-2H-2. Purpose and legislative findings.
     (a) The purpose of this article is to promote this states agricultural economy, to preserve family farming opportunities, to encourage agricultural uses of the natural topography of the states rural lands and to foster job retention and job creation in the states rural areas by providing for comprehensive regulation of captive cervid farming as a viable agricultural business, while also preserving the importance of wildlife management and deer hunting in this state.
     (b) The Legislature finds and declares that captive cervid farming is primarily an agricultural pursuit, and that captive cervids may be raised in a manner similar to other livestock. The Commissioner of Agriculture possesses the knowledge, training and experience required to properly regulate captive cervid farms and to adequately protect the health and safety of animals and the general public. The Legislature also finds and declares that matters related to promoting the cervid farming industry, the sale and regulation of cervid meat excluding white-tailed deer and elk meat, animal health, animal identification, record keeping and animal husbandry methods and equipment are best managed and regulated by the department.
     (c) The Legislature further finds that the Division of Natural Resources is empowered to regulate and protect the native wildlife of this state, currently issues licenses for captive cervid facilities, and has natural resources police officers to enforce its regulations and permitting requirements. The division has a vested interest in maintaining the health and safety of wildlife as part of its wildlife management objectives, as well as encouraging the long tradition of deer hunting in this state. Fencing, pen size, entrapment of wildlife, interstate movement of captive cervids, escaping captive cervids, and chronic wasting disease management are best managed and regulated by the division.
§19-2H-3. Definitions.
     As used in this article:
     (1) Bio-security means measures, actions or precautions taken to prevent the transmission of disease in, among or between wild and captive cervids.
     (2) Captive cervid or captive cervids means members of the Cervidae family of animals including, but not limited to, fallow deer, red deer, white-tailed deer, axis deer, elk, moose, reindeer and caribou that are raised in captivity and under the control of the owner of the animal.
     (3) Captive cervid farm means the captive cervids, the fenced area and all equipment and components regulated by the department and the division for use as a captive cervid farming operation as provided for in this article.
     (4) Commissioner means the Commissioner of the West Virginia Department of Agriculture.
     (5) Department means the West Virginia Department of Agriculture.
     (6) Division means the Division of Natural Resources.
     (7) Identification system means a process or procedure that allows an individual cervid to be continuously recognized and monitored as a unique animal throughout its lifetime.
     (8) License means a Class One or Class Two Captive Cervid Farm License issued by the department for the operation of a captive cervid farm.
     (9) Owner means the person who owns or operates a licensed captive cervid farm, or his or her agent or operator.
     (10) Permit means a Captive Cervid Fencing Permit issued by the division for the operation of a captive cervid farm.
     (11) Person means an individual, corporation, limited liability company, partnership, association, joint venture or other legal entity.
     (11) Release means to allow a cervid from a licensed captive cervid farm to be outside the perimeter fence of the farm without being under the direct control of the owner.
§19-2H-4. Authority of the Department of Agriculture; rules.
     (a) The department is granted the authority to regulate and control captive cervid farm licenses, applications, requirements, record keeping, animal husbandry, identification and tagging, disease prevention, inoculation and testing, fee schedule for services, species commingling, intrastate movement of captive cervids, captive cervid meat inspection and sales excluding white-tailed deer and elk, and inspections of captive cervid farms in this state in accordance with this article. Subject to the transition provisions contained in section twelve of this article, no person may operate a captive cervid farm in this state unless that person holds a license issued by the commissioner pursuant to this article.
     (b) The commissioner shall promulgate emergency or legislative rules in accordance with article three, chapter twenty-nine-a of this code to provide for implementation and enforcement of this article.
     (c) The rules, insofar as practicable, shall provide for the protection of animal and human health and promotion of bio-security that are consistent with the rules promulgated by the United States Department of Agriculture, Division of Animal and Plant Health Inspection Service.
     (d) The rules shall include, but not be limited to, requirements that:
     (1) Implement an identification system that allows individual captive cervid to be recognized, tracked and identified throughout the animals life;
     (2) Specify the record-keeping standards required of licensees, including standards for documentation of purchases, propagation, sales, slaughtering and any other documentation required to maintain accurate and complete records of captive cervid farming operations;
     (3) Establish animal health testing criteria to discover and prevent the spread of disease in captive cervids, to conduct testing and inoculations, and to impose quarantines; and
     (4) Establish a schedule of fees and charges for services provided by the department to licensed captive cervid farms.
§19-2H-5. Authority of the Division of Natural Resources; rules.
          (a) The division is granted the authority to regulate, control and inspect the fencing, pen size, entrapment of wildlife, escape of captive cervids, interstate movement of captive cervids, and management of chronic wasting disease and other diseases affecting cervids in this state in accordance with this article and chapter twenty of this code. Subject to the transition provisions contained in section twelve of this article, no person may operate a captive cervid farm in this state unless that person holds a permit issued by the director pursuant to this article.
               (b) The director shall promulgate emergency or legislative rules in accordance with article three, chapter twenty-nine-a of this code as are necessary to provide for implementation and enforcement of this article.
               (c) The rules promulgated under this section shall include, but not be limited to, requirements that:
               (1) Establish the specifications for fencing necessary to prevent the escape of captive cervids and the infiltration of wildlife into a licensed captive cervid farm. The fencing regulations shall be reasonable and comport with accepted industry and regulatory standards for captive cervids;
               (2) Regulate the interstate movement of captive cervids and provide for maintenance of documentation of the origin and destination of all shipments and any other requisite documentation; and
               (3) Maintain chronic wasting disease and other disease statistics, and develop any requisite management criteria for chronic wasting disease and other disease containment zones and intrastate movement of cervids therein to prevent the spread of the disease.
§19-2H-6. Duties of the commissioner and director.
               Pursuant to the scope of his or her authority under this article, the commissioner or the director may:
               (1) Establish a section and designate staff to implement this article;
               (2) Contract with veterinarians, biologists or other animal health professionals to provide scientific expertise, services and testing to implement the provisions of this article;
               (3) Enter into interstate contracts with other states to enhance the bio-security of captive cervid farms in this and other states;
               (4) Lease, rent, acquire, purchase, own, hold, construct, equip, maintain, operate, sell, encumber and assign rights of any property, real or personal, consistent with the objectives set forth in this article;
               (5) Hold hearings, subpoena witnesses, administer oaths, take testimony, require the production of evidence and documentary evidence and designate hearing examiners; and
               (6) Take any other action necessary or incidental to the performance of their respective duties and powers under this article.
§19-2H-7. Application for license or permit.
               (a) A person applying to operate a captive cervid farm in this state is required to have: 1) A Class One or Class Two Captive Cervid Farm License from the department; and 2) a Captive Cervid Fencing Permit from the division. The department and the division shall provide the forms and instructions for the license and permit applications.
               (b) The following information shall be submitted by the person to the department for a license, and the division for a permit:
               (1) The mailing address of the proposed captive cervid farm and the size, location and an adequate legal description of the farm;
               (2) The number of each species of cervid proposed to be included in the proposed farm;
               (3) The bio-security measures to be utilized, including, but not limited to, a description of the fencing and the animal identification system to be used;
               (4) The proposed method of flushing wild white-tailed deer from the enclosure, if applicable;
               (5) The record-keeping system;
               (6) The method of verification that all wild white-tailed deer have been removed;
               (7) The current zoning, if any, of the property proposed for the farm;
               (8) Any other information considered necessary by the department or division; and
               (9) A closure plan for the safe disposition of captive cervids.
               (c) The application shall be accompanied by the biennial license and permit fees set forth below. The license and permit fees and classes may be amended by rule, and are as follows:
               (1) Class One Captive Cervid Farm License. -- Issued by the department for a farm to be used only to breed and propagate cervids and create byproducts for sale: $500;
               (2) Class Two Captive Cervid Farm License. -- Issued by the department for a farm to breed and propagate cervids and create byproducts for sale, and to slaughter and sell captive cervid meat, excluding the sale of white-tailed deer and elk meat: $1,250; and
               (3) Captive Cervid Fencing Permit. -- Issued by the division for all captive cervid farms: $500.
§19-2H-8. Department and Division action on applications.
               (a) The department shall act on an application for a license, and the division shall act on an application for a permit, within sixty days of receipt. The department may issue a provisional license, and the division a provisional permit, for a proposed farm that has not yet been constructed, but operations shall not begin until the completed farm has been inspected by the department and division, and each has issued a license or permit, respectively.
     (b) The department and division may not issue a license or permit until it is determined that the captive cervid farm meets all of the following criteria:
     (1) The captive cervid farm has been inspected by the department and division and meets the standards and requirements of this article and the rules promulgated thereunder;
     (2) The applicant has all requisite federal, state and local governmental permits; and
     (3) The owner has paid all applicable license and permit fees and all charges for services provided to the captive cervid farm.
     (c) If the department or division finds a deficiency in the license or permit applications, the owner shall be given at least thirty days to remedy the deficiency before the license or permit application is denied.
     (d) If the commissioner determines that the proposed captive cervid farm does not comply with the requirements of this article after the opportunity to remedy deficiencies, the commissioner shall deny the license application and notify the applicant in writing of the reasons for the denial.
     (e) If the director determines that the proposed captive cervid farm does not comply with the permit requirements of this article after the opportunity to remedy deficiencies, the director shall deny the permit application and notify the applicant in writing of the reasons for the denial.
     (f) The applicant may request a hearing from the commissioner for a license denial, or the director for a permit denial, pursuant to article five, chapter twenty-nine-a of this code to contest the denial of a license or permit, or any limitations placed upon the issuance of a license or permit.
     (g) The department and division shall retain the license and permit fees regardless of approval.
§19-2H-9. License and permit certificates; renewal; nontransferable.
     (a) Once approved, the department shall issue a license certificate, and the division shall issue a permit certificate, to the owner of the captive cervid farm containing information such as:
     (1) The class of license, the license number, the permit number, and expiration dates;
     (2) The cervid herd size and species approved for the farm;
     (3) The name, business address, physical address and directions, and telephone number of the owner of the farm; and
     (4) Emergency response and contact information for the captive cervid farm.
     (b) An application for renewal of a license or permit shall be submitted on forms provided by the department or division not later than sixty days before expiration of the current license or permit. Each license or permit issued shall be for a period of two years from the date of issuance.
     (c) The sale or transfer of ownership of a captive cervid farm will not operate to transfer the license or permit. The department or division may issue a new license or permit to the transferee if all requirements and fees are satisfied.
§19-2H-10. License and permit modification.
     (a) An owner must apply to the department for a license modification if there is any proposed change in the class of license or the species approved for the captive cervid farm.
     (b) An owner must apply to the division for a permit modification if there is any proposed change to the captive cervid farm permit.
§19-2H-11. Inspection of farm by the department and division.
     The department and division shall have access at all reasonable hours to any licensed or provisional captive cervid farm for the purpose of conducting inspections, securing samples or specimens of any cervid species and determining whether the owner is in compliance with the requirements of this article. Any inspection and sampling shall be conducted in a manner that will foster the bio-security of captive cervid farms, and will not unnecessarily jeopardize the health of the captive cervids.
§19-2H-12. Transition to captive cervid farm license and permit process.

     A captive cervid farm in existence on the effective date of this article may continue operation under its existing authorization until the department and division act on its application for a license and permit under this article if the owner of that farm applies for a license and permit within sixty days after application forms are made available to current licensees.
§19-2H-13. Noncompliance with article, standards, orders or rules; suspension, revocation or
  limitation of license or permit.

  (a) The department may suspend, revoke or limit a license if the licensee fails to comply with this article, standards adopted under this article, orders issued by the commissioner as a result of an administrative action or departmental review conducted under this article or rules promulgated under this article.
  (b) The division may suspend, revoke or limit a permit if the permittee fails to comply with this article, standards adopted under this article, orders issued by the director as a result of an administrative action or review conducted under this article or rules promulgated pursuant to this article.
§19-2H-14. Prohibited conduct; violation; penalty.

  (a) A person may not recklessly release or permit the release of a captive cervid from a captive cervid farm. A person may not intentionally or recklessly allow the entry or introduction of wild white-tailed deer into a captive cervid farm. Any person who violates this subsection is guilty of a misdemeanor and, upon conviction thereof, shall, for a first offense, be confined in jail for not more than ninety days, or fined not less than $50 nor more than $300 or both fined and confined. Any person who violates this subsection for a second or subsequent offense is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than one year, or fined not less than $500 nor more than $1,000, or both fined and confined.
  (b) Any person who intentionally releases captive cervids into the wild, or releases or abandons captive cervids by failing to properly close or wind down a captive cervid farm, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one nor more than three years, or fined not less than $2,000 nor more than $5,000, or both fined and imprisoned.
§19-2H-15. Findings of violations; remedies.
  (a) The commissioner or director, upon finding that a person has violated a provision this article or the rules promulgated thereunder, may:
  (1) Issue a warning; or
  (2) Impose a civil penalty of not more than $1,000 per violation, plus the costs of investigation, for each violation, after notice and an opportunity for a hearing. A person aggrieved by an administrative action under this section may request a hearing pursuant to article five, chapter twenty-nine-a of this code.
  (b) Notwithstanding any other provisions of this article, the commissioner or director may bring an action to:
  (1) Obtain a declaratory judgment that a particular method, activity or practice is a violation of this article; or
  (2) Obtain an injunction against a person who is engaging in a method, activity or practice that violates this article.
  (c) The remedies under this article are cumulative and use of one remedy does not bar the use of any other remedy.
CHAPTER 20. NATURAL RESOURCES.

ARTICLE 1. ORGANIZATION AND ADMINISTRATION.
§20-1-2. Definitions.

  As used in this chapter, unless the context clearly requires a different meaning:
  (1) Agency means any branch, department or unit of the state government, however designated or constituted.
(2) Alien means any person not a citizen of the United States.
  (3) Bag limit or creel limit means the maximum number of wildlife which may be taken, caught, killed or possessed by any person.
  (4) Big game means elk, white-tailed deer, black bears, wild boars and wild turkeys.
  (5) Bona fide resident, tenant or lessee means a person who permanently resides on the land.
  (6) Citizen means any native-born citizen of the United States and foreign-born persons who have procured their final naturalization papers.
  (7) Closed season means the time or period during which it shall be unlawful to take any wildlife as specified and limited by the provisions of this chapter regulation.
  (8) Commission means the Natural Resources Commission.
  (9) Commissioner means a member of the advisory commission of the Natural Resources Commission.
  (10) Director means the Director of the Division of Natural Resources.
  (11) Fishing or to fish means the taking, by any means, of fish, minnows, frogs or other amphibians, aquatic turtles and other forms of aquatic life used as fish bait, whether dead or alive.
  (12) Fur-bearing animals include:(a) The mink; (b) the weasel; (c) the muskrat; (d) the beaver; (e) the opossum; (f) the skunk and civet cat, commonly called polecat; (g) the otter; (h) the red fox; (i) the gray fox; (j) the wildcat, bobcat or bay lynx; (k) the raccoon; and (l) the fisher.
  (13) Game means big game, game animals, game birds, and game fish and small game as herein defined.
  (14) Game animals include:(a) The elk; (b) the white-tailed deer; (c) the cottontail rabbits and hares; (d) the fox squirrels, commonly called red squirrels, and gray squirrels and all their color phases - red, gray, black or albino; (e) the raccoon; (f) the black bear; and (g) the wild boar.
  (15) Game birds include:(a) The anatidae, commonly known as swan, geese, brants and river and sea ducks; (b) the rallidae, commonly known as rails, sora, coots, mudhens and gallinule; (c) the limicolae, commonly known as shorebirds, plover, snipe, woodcock, sandpipers, yellow legs and curlews; (d) the galliformes, commonly known as wild turkey, grouse, pheasants, quails and partridges (both native and foreign species); (e) the columbidae, commonly known as doves; (f) the icteridae, commonly known as blackbirds, redwings and grackle; and (g) the corvidae, commonly known as crows.
  (16) Game fish include:(a) Brook trout; (b) brown trout; (c) rainbow trout; (d) golden rainbow trout; (e) largemouth bass; (f) smallmouth bass; (g) spotted bass; (h) striped bass; (i) chain pickerel; (j) muskellunge; (k) walleye; (l) northern pike; (m) rock bass; (n) white bass; (o) white crappie; (p) black crappie; (q) all sunfish species; (r) channel catfish; (s) flathead catfish; (t) blue catfish, (u) sauger; and (v) all game fish hybrids.
  (17) Hunt means to pursue, chase, catch or take any wild birds or wild animals. Provided, That wildlife. However, the definition of hunt does not include an officially sanctioned and properly licensed field trial, water race or wild hunt as long as that field trial is not a shoot-to-retrieve field trial.
  (18) Lands means land, waters and all other appurtenances connected therewith.
  (19) Migratory birds means any migratory game or nongame birds included in the terms of conventions between the United States and Great Britain and between the United States and United Mexican States, known as the Migratory Bird Treaty Act, for the protection of migratory birds and game mammals concluded, respectively, August 16, 1916, and February 7, 1936.
  (20) Nonresident means any person who is a citizen of the United States and who has not been a domiciled resident of the State of West Virginia for a period of thirty consecutive days immediately prior to the date of his or her application for a license or permit except any full-time student of any college or university of this state, even though he or she is paying a nonresident tuition.
  (21) Open season means the time during which the various species of wildlife may be legally caught, taken, killed or chased in a specified manner and shall include both the first and the last day of the season or period designated by the director.
  (22) Person, except as otherwise defined elsewhere in this chapter, means the plural persons and shall include or persons mean individuals, partnerships, corporations or other legal entities.
  (23) Preserve means all duly licensed private game farmlands farms, or private plants, ponds or areas, where hunting or fishing is permitted under special licenses or seasons other than the regular public hunting or fishing seasons. The term preserve does not mean a captive cervid farm pursuant to article two-h, chapter nineteen of this code, though a captive cervid farm may also be licensed as a preserve.
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(24) Protected birds means all wild birds not included within the definition of game birds and unprotected birds.
  (25) Resident means any person who is a citizen of the United States and who has been a domiciled resident of the State of West Virginia for a period of thirty consecutive days or more immediately prior to the date of his or her application for a license or permit. Provided, That However, a member of the armed forces of the United States who is stationed beyond the territorial limits of this state, but and who was a resident of this state at the time of his or her entry into such the service, and any full-time student of any college or university of this state even though he or she is paying a nonresident tuition, shall be considered a resident under the provisions of this chapter.
  (26) Roadside menagerie means any place of business, other than a commercial game farm, commercial fish preserve, place or pond, where any wild bird, game bird, unprotected bird, game animal or fur-bearing animal is kept in confinement for the attraction and amusement of the people for commercial purposes.
  (27) Small game includes all game animals, furbearing animals and game birds except elk, white-tailed deer, black bears, wild boars and wild turkeys.
  (28) Take means to hunt, shoot, pursue, lure, kill, destroy, catch, capture, keep in captivity, gig, spear, trap, ensnare, wound or injure any wildlife, or attempt to do so. Provided, That However, the definition of take does not include an officially sanctioned and properly licensed field trial, water race or wild hunt as long as that field trial is not a shoot-to-retrieve field trial.
  (29) Unprotected birds shall include:(a) The English sparrow; (b) the European starling; and (c) the cowbird.
  (30) Wild animals means all mammals native to the State of West Virginia occurring either in a natural state or in captivity, except house mice or rats.
  (31) Wild birds shall include all birds other than:(a) Domestic poultry - chickens, ducks, geese, guinea fowl, peafowls and turkeys; (b) Psittacidae, commonly called parrots and parakeets; and (c) other foreign cage birds such as the common canary, exotic finches and ring dove. All wild birds, either: (i) Those occurring in a natural state in West Virginia; or (ii) those imported foreign game birds, such as waterfowl, pheasants, partridges, quail and grouse, regardless of how long raised or held in captivity, shall remain wild birds under the meaning of this chapter.
  (32) Wildlife means wild birds, wild animals, game, and fur-bearing animals, fish (including minnows), reptiles, amphibians, mollusks, crustaceans and all forms of aquatic life used as fish bait, whether dead or alive. native to the State of West Virginia unless the context indicates otherwise.
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(33) Wildlife refuge means any land set aside by action of the director as an inviolate refuge or sanctuary for the protection of designated forms of wildlife."
  And,
  By amending the title of the bill to read as follows:
  H. B. 4286 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6, §19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H-14 and §19- 2H-15; and to amend and reenact §20-1-2 of said code, all relating to regulating captive cervids as an agricultural enterprise; creating the Captive Cervid Farming Act; creating joint regulatory authority between the Department of Agriculture and the Division of Natural Resources; stating legislative purpose and findings; defining terms; authorizing rule-making; stating duties of commissioner and director; requiring a class one or class two license from the department; requiring a fencing permit from the division; establishing application requirements and fees for biennial license and permit; issuing, renewing, and modifying license and permit certificates; providing that sale of farm does not transfer license or permit; inspecting farms; permitting the transition of current farms; providing for noncompliance with article; establishing criminal penalties and civil remedies; and clarifying natural resources definitions."
  On motion of Delegate White, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.
  Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Reordering of the Calendar

  Delegate White announced that the Committee on Rules had transferred Com. Sub. for S. B. 12, Com. Sub. for S. B. 278, S. B. 325, S. B. 375, Com. Sub. for S. B. 393 and S. B. 593, on Third Reading, House Calendar, to the Daily Calendar.
Conference Committee Report Availability

  At 6:37 p.m., the Clerk announced availability in his office of the report of the Committees of Conference on Com. Sub. for H. B. 4236, Sexual assault nurse examination network and Com. Sub. for H. B. 4619, Authorizing innovation school districts.
Daily Calendar

Third Reading

  
Com. Sub. for S. B. 12, Relating to expedited partner therapy treatment; on third reading, coming up in regular order, was read a third time.
  The question being on the passage of the bill, the yeas and nays were taken (Roll No. 436), 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:
Cadle, Marcum, J. Nelson, Paxton and Raines.
  So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 12) 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. 278, Redefining "scrap metal"; 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. 437), and there were--yeas 92, nays 4, absent and not voting 4, with the nays and absent and not voting being as follows:
  Nays: Canterbury, Howell, Sobonya and Walters.
  Absent and Not Voting: Cadle, J. Nelson, Paxton and Raines.
  So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 278) passed.
  On motion of Delegate Manchin, the bill title of the bill was amended to read as follows:
  Com. Sub. for S. B. 278 - "A Bill to amend and reenact §61-3-49 of the Code of West Virginia, 1931, as amended, relating to the purchase of scrap metal by scrap metal dealers; excluding gold, silver, palladium and platinum in the form of jewelry, bullion, ingots or coins from the definition of 'scrap metal'; and prohibiting the purchase and sale of such precious metals in form of jewelry, bullion, ingots or coins under a scrap metal dealer license."
  Delegate White moved that the bill take effect from its passage.
  On this question, the yeas and nays were taken (Roll No. 438), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:
  Nays: Howell.
  Absent and Not Voting: Cadle, J. Nelson, Paxton and Raines.
  So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 278) takes effect from its passage.
  Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
  Delegate Cadle noted to the Clerk that he was absent when the votes were taken on Roll Nos. 436 and 437, and had he been present he would have voted "Yea" thereon.
  S. B. 325, Providing State Fire Marshal serve at will and pleasure of Fire Commission; 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. 439), and there were--yeas 92, nays 5, absent and not voting 3, with the nays and absent and not voting being as follows:
  Nays: Faircloth, Folk, Frich, Hamilton and Kump.
  Absent and Not Voting: J. Nelson, Paxton and Raines.
  So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 325) passed.
  On motion of Delegate Manchin, the title of the bill was amended to read as follows:
  S. B. 325 - "A Bill to amend and reenact §29-3-11 of the Code of West Virginia, 1931, as amended, relating to the State Fire Marshal; providing that the State Fire Marshal be appointed by and serve at the will and pleasure of the Fire Commission; exempting the State Fire Marshal from the classified civil service system; and providing requirements to serve as the State Fire Marshal."        
  Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
  S. B. 375, Excluding certain personal property from TIF assessment; 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. 440), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
  Nays: Howell.
  Absent and Not Voting: J. Nelson, Paxton and Raines.
  So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 375) 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. 393, Amending funding levels and date Governor may borrow from Revenue Shortfall Reserve Fund; on third reading, coming up in regular order, was read a third time.
  The question being on the passage of the bill, the yeas and nays were taken (Roll No. 441), 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, Cowles, Espinosa, Faircloth, Folk, Frich, Howell, Kump and Shott.
Absent and Not Voting: J. Nelson, Paxton and Raines.
  So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 393) 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. 393 - "A Bill to amend and reenact §11B-2-20 of the Code of West Virginia, 1931, as amended, relating to the revenue shortfall reserve fund; and allowing the governor to borrow money from the fund prior to the first day of April, 2014, if revenues are inadequate to make timely payments of the states obligations."
  Delegate White moved that the bill take effect from its passage.
  On this question, the yeas and nays were taken (Roll No. 442), and there were--yeas 85, nays 12, absent and not voting 3, with the nays and absent and not voting being as follows:
  Nays: Armstead, Cowles, Espinosa, Faircloth, Folk, Frich, Gearheart, Householder, Howell, Kump, Lane and Shott.
  Absent and Not Voting: J. Nelson, Paxton and Raines.
  So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 393) 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. 593, Authorizing issuance of limited lines travel insurance producer license; 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. 443), 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: J. Nelson, Paxton and Raines.
  So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 593) passed.
  On motion of Delegate Manchin, the title of the bill was amended to read as follows:
  S.B. 593 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-12-32b, relating to travel insurance limited lines producers; defining terms; authorizing the Commissioner of Insurance to issue a travel insurance entity producer license; establishing fees; requiring licensee to maintain a register of travel retailers offering insurance on its behalf and designate a responsible individual producer; authorizing a travel retailer to offer travel insurance and receive compensation under certain conditions; requiring training of travel retailer employees offering travel insurance; exempting travel insurance entity producers and travel retailers and employees from examination and continuing education requirements; requiring travel retailer employees offering travel insurance to provide certain information; and providing for enforcement."
  Delegate White moved that the bill take effect from its passage.
  On this question, the yeas and nays were taken (Roll No. 444), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
  Absent and Not Voting: Hunt, Morgan, J. Nelson, Paxton, Pino and Raines.
  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. J. R. 12, Proposing constitutional amendment designated Protecting and Conserving West Virginias Water Resources for the Use and Benefit of its Citizens Amendment; on third reading, coming up in regular order, was read a third time.
  On the adoption of the resolution, the yeas and nays were taken (Roll No. 445), and there were--yeas 43, nays 54, absent and not voting 3, with the yeas, nays and absent and not voting being as follows:
  Yeas: Miley, Barill, Barrett, Boggs, Caputo, Diserio, Ellem, Ferro, Fleischauer, Fragale, Guthrie, Hamilton, Hunt, Iaquinta, Jones, Kinsey, Lawrence, Longstreth, Lynch, Manchin, Manypenny, Marshall, McCuskey, Moore, Morgan, Perdue, Perry, Pethtel, L. Phillips, Pino, M. Poling, Poore, Reynolds, Skaff, Skinner, P. Smith, Sponaugle, Staggers, Stephens, Swartzmiller, Walker, Wells and Young.
  Nays: Ambler, Anderson, Andes, Armstead, Arvon, Ashley, Azinger, Barker, Border, Butler, Cadle, Campbell, Canterbury, Cooper, Cowles, Craig, Eldridge, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Ferns, Folk, Frich, Gearheart, Hamrick, Hartman, Householder, Howell, Ireland, Kump, Lane, Marcum, Miller, Moye, E. Nelson, O'Neal, Overington, Pasdon, R. Phillips, D. Poling, Romine, Rowan, Shott, R. Smith, Sobonya, Storch, Sumner, Tomblin, Walters, Westfall, White and Williams.
  Absent and Not Voting: J. Nelson, Paxton and Raines.
  So, two thirds of the members elected to the House of Delegates not having voted in the affirmative, the Speaker declared the resolution (Com. Sub. for S. J. R. 12) rejected.        Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
  Com. Sub. for S. J. R. 14, Proposing constitutional amendment designated Future Fund Amendment; on third reading, coming up in regular order, with amendments pending and 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 section, by striking out the reminder of the resolution and inserting in lieu thereof the following:
"ARTICLE X. Taxation and Finance.
§12. FUTURE FUND.
  The principal of the West Virginia Future Fund, as created by general law, may not be spent, appropriated or encumbered unless by vote of two-thirds of the members elected to each house of the Legislature. Investment income of the West Virginia Future Fund may be spent, appropriated or encumbered after a term of six years following the statutory creation of the West Virginia Future Fund. Investment income of the West Virginia Future Fund may be spent, appropriated or encumbered solely for enhancing education and workforce development; economic development and diversification; infrastructure improvements; and tax relief measures for the benefit of the citizens and businesses of the State of West Virginia in a manner and subject to conditions, definitions, qualifications and requirements as prescribed by general law. For purposes of this amendment, investment income means income of any nature whatsoever that is generated by or from an investment, including, but not limited to, distributions, dividends, interest payments, realized gains and earnings, but shall not include unrealized gains.
  The Legislature shall provide, by general law, for the implementation of the provisions of this amendment.
  Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered Amendment No. 1 and designated as the Future Fund Amendment and the purpose of the proposed amendment is summarized as follows: The purpose of this amendment is to protect the principal of the West Virginia Future Fund and to specify how the investment income from the fund may be spent. The principal of the West Virginia Future Fund, as created by general law, may not be spent, appropriated or encumbered unless by vote of two-thirds of the members elected to each house of the Legislature. Investment income of the West Virginia Future Fund may be spent, appropriated or encumbered after a term of six years following the statutory creation of the West Virginia Future Fund. Investment income of the West Virginia Future Fund may be spent, appropriated, or encumbered solely for enhancing education and workforce development; economic development and diversification; infrastructure improvements, including post-mining land development; and tax relief measures for the benefit of the citizens and businesses of the State of West Virginia in a manner and subject to conditions, definitions, qualifications and requirements as prescribed by general law."
  The resolution was then read a third time.
  On the adoption of the resolution, the yeas and nays were taken (Roll No. 446), and there were--yeas 48, nays 45, absent and not voting 7, with the yeas,nays and absent and not voting being as follows:
  Nays: Ambler, Anderson, Andes, Armstead, Arvon, Ashley, Azinger, Border, Butler, Cadle, Canterbury, Cooper, Cowles, Eldridge, Ellem, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Ferns, Folk, Frich, Gearheart, Hamrick, Householder, Howell, Ireland, Kinsey, Kump, Lane, Marcum, McCuskey, Miller, ONeal, Overington, Pasdon, R. Phillips, Romine, Rowan, Shott, Sumner, Tomblin, Walters and Westfall.
  Yeas: Miley, Barill, Barker, Barrett, Boggs, Campbell, Caputo, Craig, Ferro, Fleischauer, Fragale, Guthrie, Hamilton, Hunt, Jones, Lawrence, Longstreth, Lynch, Manchin, Manypenny, Marshall, Moore, Morgan, Moye, Perdue, Perry, Pethtel, L. Phillips, Pino, D. Poling, M. Poling, Poore, Reynolds, Skaff, Skinner, P. Smith, Sponaugle, Staggers, Stephens, Storch, Swartzmiller, Walker, Wells, White and Williams.
  Absent and Not Voting: Diserio, Iaquinta, J. Nelson, Paxton, Raines, R. Smith and Sobonya.
  So, two thirds of the members elected to the House of Delegates not having voted in the affirmative, the Speaker declared the resolution (S. J. R. 14) rejected.
  Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
  Delegate Iaquinta noted to the Clerk that he was absent when the vote was taken on Com. Sub. for S. J. R. 14, and that had he been present, he would have voted "Yea" thereon.
Conference Committee Report Availability

  At 7:42 p.m., the Clerk announced availability in his office of the report of the Committee of Conference on Com. Sub. for S. B. 477, Providing teachers determine use of time during planning period.
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
  Com. Sub. for H. B. 4208, Banning synthetic hallucinogens.
  The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
  Senators Stollings, Cookman and Nohe.
  On motion of Delegate White, 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 Perdue, Poore and Ellington.
  Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
  A message from the Senate, by
  The Clerk of the Senate, announced that the Senate had refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
  Com. Sub. for H. B. 4411, Allowing the disposal of drill cuttings and associated drilling waste generated from well sites in commercial solid waste facilities.
  The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
  Senators Snyder, Kirkendoll and Blair.
  On motion of Delegate White, 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 Fleischauer, Ferro and Ireland.
  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 concur in the amendment of the House of Delegates and requested the House to recede from its amendment to
  Com. Sub. for S. B. 6, Regulating sale of drug products used in manufacture of methamphetamine.
  On motion of Delegate White, 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 Manchin, Perdue and Shott.
  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. 6, Regulating sale of drug products used in manufacture of methamphetamine.
  On motion of Delegate White, 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 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 Boggs, Reynolds, Williams, Perdue, Anderson, A. Evans and Canturbury.
  Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Daily Calendar

Third Reading

  
Com. Sub. for S. B. 461, Creating Future Fund; on third reading, coming up in regular order, with amendments pending and further right to amend, was reported by the Clerk.
  An amendment, recommended by the Committee on Finance, was reported by the Clerk on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 13A. SEVERANCE AND BUSINESS PRIVILEGE TAX ACT.
§11-13A-5b. Creation of West Virginia Future Fund; legislative intent; calculation of deposits from excess severance tax revenues; permissible uses of investment income and limitations on expenditures; definitions.

     (a) There is hereby created in the State Treasury a special revenue account, designated the West Virginia Future Fund, which is an interest-bearing account and may be invested by the West Virginia Investment Management Board in the manner permitted by the provisions of article six, chapter twelve of this code, with the investment income to be credited to the fund and deposited in the special revenue account.
     (b) The Legislature declares its intention to use the fund as a means of conserving a portion of the states revenue derived from the increased revenue proceeds received by the state as a result of any mineral production as well as other funding sources as the Legislature may designate in order to meet future needs. The principal of the fund shall remain inviolate and no portion of the principal may be appropriated, expended or encumbered by the Legislature or any official of the state. Only the investment income of this fund may be appropriated and expended: Provided, That no more than the average net investment return for the immediately preceding five fiscal years may be appropriated or expended in any one fiscal year.
     (c) Notwithstanding any provision of this code to the contrary, for the fiscal year beginning July 1, 2014, and each year thereafter, the secretary of revenue shall cause to be deposited in this fund three percent of the annual severance tax revenue which would otherwise be deposited into the General Revenue Fund which is attributable to the severance of coal, limestone, sandstone, natural gas and oil and collected and received pursuant to the provisions of sections three and three-a, article thirteen-a, chapter eleven of this code: Provided, That these deposits shall only be made during fiscal years within which the balance of the Revenue Shortfall Reserve Fund equals or exceeds thirteen percent of the States General Revenue Fund budget for the fiscal year just ended as determined within sixty days of the end of that prior fiscal year as provided by subsection (b), section twenty, article two, chapter eleven-b: Provided, however, That these deposits shall not be made in any fiscal year in which the Governors General Revenue Fund estimate relies on transfers from the Revenue Shortfall Reserve Fund: Provided further, That these deposits shall not be made in any fiscal year for which mid-year spending reductions, hiring freezes, mid-year decreases in appropriations or transfers from the Revenue Shortfall Reserve Fund are necessitated due to revenue shortfalls or would be necessitated if the deposits were to be made: And provided further, That amounts that may be deposited into the fund in error or found later to be subject to these limitations, shall be redeposited into the General Revenue Fund. The Legislature may, by general appropriation or by designation of other funding sources, deposit into the fund additional moneys as it considers appropriate.
     (d) In order to maximize the value of the fund, no money from the fund may be expended or appropriated until fiscal year 2020 and thereafter the Legislature may appropriate, subject to the limitations provided in this section, from the fund solely for enhancing education and workforce development; economic development and diversification; infrastructure improvements; and tax relief measures for the benefit of the citizens and businesses of the State of West Virginia.
     (e) For purposes of this section:
     (1) Economic development and diversification means fostering economic growth and development in the state, including commercial, industrial, community, cultural or historical improvements; or preservation or other proper purposes.
     (2) Infrastructure improvements means fostering infrastructure improvements including, but not limited to, post-mining land use, water or wastewater facilities or a part thereof, storm water systems, steam, gas, telephone and telecommunications, broadband development, electric lines and installations, roads, bridges, railroad spurs, drainage and flood control facilities, industrial park development or buildings that promote job creation and retention."
     Delegates Nelson, Walters, Armstead, Hamilton and Frich moved to amend the amendment on page one, line twenty-five, following the word "legislature", by striking out "or any official of the state. Only", and inserting in lieu thereof the following "unless by vote of two-thirds of the members elected to each house of the Legislature, and no more than fifteen percent of the principal may be so appropriated at any one time. Except as thus, restricted, only".
     On the adoption of the amendment, the yeas and nays were demanded, which demand was sustained.
     The yeas and nays having been ordered, they were taken (Roll No. 447), and there were--yeas 48, nays 49, absent and not voting 3, with the yeas and absent and not voting being as follows:
     Yeas: Ambler, Anderson, Andes, Armstead, Arvon, Ashley, Azinger, Border, Butler, Cadle, Canterbury, Cooper, Cowles, Ellem, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Ferns, Folk, Frich, Gearheart, Hamilton, Hamrick, Householder, Howell, Ireland, Kinsey, Kump, Lane, McCuskey, Miller, E. Nelson, ONeal, Overington, Pasdon, Poore, Romine, Rowan, Shott, R. Smith, Sobonya, Stephens, Storch, Sumner, Walters and Westfall.
     Absent and Not Voting: J. Nelson, Paxton and Raines.
    So, a majority of the members present and voting not having voted in the affirmative, the amendment did not prevail.
     The Clerk then reported an amendment offered by Delegate Folk.
     Whereupon,
     Delegate Folk asked unanimous consent that the amendment be reformed, which consent was not given, objection being heard.
     The Clerk then reported an amendment on page three, line three, following the word "fund", by inserting the following:
     ": And, provided further, that these deposits shall not be made in any fiscal year in which any of the following retirement systems:
     (1) The West Virginia Public Employees Retirement System as delineated in article ten of chapter five;
     (2) The Deputy Sheriff Retirement System as delineated in article fourteen-d of chapter seven of this code;
     (3) The West Virginia State Police Death, Disability and Retirement Fund as delineated in article two, chapter fifteen of this code;
     (4) The West Virginia State Police Retirement System as delineated in article two-a, chapter fifteen of this code;
     (5) The State Teachers Retirement System as delineated in article seven-a, chapter eighteen of this code;
     (6) The West Virginia higher education retirement plan and supplemental retirement plan as delineated in article seven-a and article twenty-three of chapter eighteen of this code;        
     (7) The West Virginia Emergency Medical Services Retirement System as delineated in article five-v, chapter sixteen of this code;
     (8) The Teachers Defined Contribution Retirement System as delineated in article seven-b, chapter eighteen of this code;
     (9) The Judges Retirement System as delineated in article nine, chapter fifty-one of this code;
is not funded to eighty percent or more of the actuarial accrued liabilities."
     On the adoption of the amendment to the amendment, Delegate Folk demanded the yeas and nays, which demand was sustained.
     The yeas and nays having been ordered, they were taken (Roll No. 448), and there were--yeas 19, nays 78, absent and not voting 3, with the yeas and absent and not voting being as follows:
     Yeas: Arvon, Cadle, Ellington, Faircloth, Folk, Frich, Hamilton, Householder, Kump, Lane, McCuskey, Miller, ONeal, Overington, Reynolds, Shott, R. Smith, Sobonya and Staggers.
Absent and Not Voting: J. Nelson, Paxton and Raines.
    So, a majority of the members present and voting not having voted in the affirmative, the amendment did not prevail.
Conference Committee Report Availability

     At 8:10 p.m., the Clerk announced availability in his office of the report of the Committee of Conference on Com. Sub. for H. B. 4208, Banning synthetic hallucinogens.
Daily Calendar

Third Reading

-Continued-

     
Com. Sub. for S. B. 461, Creating Future Fund; was taken up further consideration.
     On the adoption of the amendment to the amendment, Delegate Lane demanded the yeas and nays, which demand was sustained.
     Delegates Armstead, Lane, Nelson and Shott moved to amend the amendment on page four, following line one, by inserting the following new section:
"§11-13A-5c. Tax Reduction Fund
     
(a) Notwithstanding any other provision of this code to the contrary, beginning July 1, 2015, and in each succeeding fiscal year, the revenue received during the fiscal year, attributable to the tax imposed on the severance of natural gas in section three-a of this article in excess of $68 million and which is not dedicated for the specific purposes as provided in sections five-a and five-b of this article, shall be deposited into a special fund known as the Tax Reduction Fund which is hereby established in the State Treasury. Other funds may be deposited in the fund from any other source, including funds appropriated by the Legislature.
_____(b) Funds in the Tax Reduction Fund are hereby dedicated to be appropriated or distributed as follows:
_____(1) Beginning with the fiscal year after June 30, 2016, and for each succeeding fiscal year until the fiscal year, if any, in which an amendment to the Constitution of the State of West Virginia is ratified which permits elimination or reduction of the ad valorem personal property tax on inventory and equipment held for commercial or industrial use, the distributions from the fund shall be made as appropriated by the Legislature for the purpose of tax reduction for the benefit of the citizens of the State of West Virginia as it considers appropriate
: Provided, That no more than fifty percent of each fiscal year's revenue deposited in the Tax Reduction Fund may be so appropriated.
_____(2) Within sixty days of the beginning of the first fiscal year following the ratification of an amendment to the Constitution of the State of West Virginia which permits the elimination or reduction of the ad valorem personal property tax on inventory and equipment held for commercial or industrial use, and in each fiscal year thereafter, the Treasurer shall annually distribute from the balance of the Tax Reduction Fund on a proportionate basis to each county and county school board of the state an amount of moneys which shall be apportioned among the levying units of the state in proportion to the levy laid upon the Class III and Class IV personal property held for ongoing commercial use within each levying unit as reported on the certificate of valuation filed by each county with the Department of Tax and Revenue for the preceding year."
     The yeas and nays were taken (Roll No. 449), and there were--yeas 45, nays 51, absent and not voting 4, with the yeas and absent and not voting being as follows:
     Yeas: Ambler, Anderson, Andes, Armstead, Arvon, Ashley, Azinger, Border, Butler, Cadle, Canterbury, Cooper, Cowles, Ellem, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Ferns, Folk, Frich, Gearheart, Hamilton, Hamrick, Householder, Howell, Ireland, Kump, Lane, McCuskey, Miller, E. Nelson, ONeal, Overington, Pasdon, Romine, Rowan, Shott, R. Smith, Sobonya, Storch, Sumner, Walters and Westfall.
     Absent and Not Voting: Fleischauer, J. Nelson, Paxton and Raines.
   So, a majority of the members present and voting having voted in the affirmative, the amendment to the amendment did not prevail.
     Delegate Armstead moved to amend the amendment on page four, line one, by inserting the following subsection:
     "(3) Tax relief means reducing the tax responsibility of citizens and businesses located in the state of West Virginia, including but not limited to, increasing the Homestead Exemption, and reducing or eliminating the ad valorem property tax on inventory and equipment held for commercial or industrial use."
     The Finance Committee amendment, as amended, was then adopted.
     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. 450), and there were--yeas 91, nays 5, absent and not voting 4, with the nays and absent and not voting being as follows:
     Nays: Butler, Folk, Gearheart, Howell and Kump.
     Absent and Not Voting: Ireland, J. Nelson, Paxton and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 461) 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. 461 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13A-5b, relating to creation of a Future Fund for conserving a portion of proceeds from certain severance tax revenues for future expenditures; creating an interest-bearing special revenue account; authorizing the West Virginia Investment Management Board to invest moneys of the fund; providing that the principal of the fund be inviolate and that only the investment income may be expended; providing for contributions to the fund from a portion of revenues collected from certain severance taxes; prohibiting appropriation and expenditure from the fund until fiscal year 2020; limiting of amount of appropriation from the fund in certain circumstances; requiring moneys to be expended solely for enhancing education and workforce development; economic development and diversification; infrastructure improvements; and tax relief measures for the benefit of the citizens and businesses of the State of West Virginia; and defining certain terms."
     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. 495, Increasing collections into Land Division special revenue account; 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. 451), 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: Fleischauer, J. Nelson, Paxton and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 495) 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. 204, Relating to crime victims compensation awards; on third reading, coming up in regular order, was reported by the Clerk.
     Delegate White asked and obtained unanimous consent to amend the bill on third reading.
     On motion of Boggs, the bill was amended on page twenty-five, section eighteen, line seven, following the word "compensation", by striking out the remainder of the sentence and inserting a semicolon and the following:
     "Provided, That, no criminal charges need be filed if: (1) the claimant is an adult at the time the conduct giving rise to the claim occurred and no criminal charges were filed for reasons other than the desire of the claimant and a law enforcement agency confirms that the available evidence supports a finding that a crime occurred, or (2) the claimant was a juvenile at the time the conduct giving rise to the claim occurred."
     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. 452), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Ferro, Fleischauer, Ireland, J. Nelson, Paxton and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 204) passed.
     Delegate White moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 453), 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: Ferro, Fleischauer, Ireland, J. Nelson, Paxton, Raines and P. Smith.
     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. 204) takes effect from its passage.
     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. 204 - "A Bill to amend and reenact §14-2A-3, §14-2A-9, §14-2A-12, §14-2A-14 and §14-2A-18 of the Code of West Virginia, 1931, as amended, all relating to compensation awards to victims of crimes generally; redefining terms; increasing the amount of victim relocation costs; allowing student loans obtained by a victim to be treated as a lost scholarship in certain instances; modifying required time period in which a claimant should report offense to law enforcement; requiring that a criminal complaint being filed or a forensic exam being performed is a prerequisite to filing a claim in certain circumstances; allowing victims of sexual offenses to undergo a forensic examination rather than reporting to law enforcement; permitting the Court of Claims to hire two additional claim investigators; and permitting claim investigators to acquire autopsy reports from the State Medical Examiner."
     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. 432, Relating to calculating local share; on third reading, coming up in regular order, was, on motion of Delegate White, laid upon the table.
First Reading

     
H. B. 4623, Expiring funds into the unappropriated surplus balance in the state fund General Revenue, and making a supplementary appropriation to the Department of Commerce, Division of Natural Resources; on first reading, coming up in regular order, was, on motion of Delegate White, laid upon the table.
     At 8:28 p.m., on motion of Delegate White, the House of Delegates recessed for ten minutes, and reconvened at that time.
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:
     H. B. 2477, Permitting certain auxiliary lighting on motorcycles.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:

     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 15. EQUIPMENT.
§17C-15-23. Lighting equipment on motorcycles, motor-driven cycles and mopeds.
     The head lamp or head lamps upon every motorcycle, motor- driven cycle and moped may be of the single-beam or multiple-beam type but in either event shall comply with the requirements and limitations as follows:
     (1) Every said head lamp or head lamps shall be of sufficient intensity to reveal a person or a vehicle at a distance of not less than one hundred feet when the motorcycle, motor-driven cycle or moped is operated at any speed less than twenty-five miles per hour and at a distance of not less than two hundred feet when it is operated at a speed of twenty-five or more miles per hour.
     (2) In the event If the motorcycle, motor-driven cycle or moped is equipped with a multiple-beam type head lamp or head lamps the upper beam shall meet the minimum requirements set forth above and shall not exceed the limitations set forth in section twenty (a) of this article and the lowermost beam shall meet the requirements applicable to a lowermost distribution of light as set forth in section twenty (b) of this article.
     (3) In the event If the motorcycle, motor-driven cycle or moped is equipped with a single-beam lamp or lamps, said the lamp or lamps shall be so aimed that when the vehicle is loaded none of the high-intensity portion of light, at a distance of twenty-five feet ahead, shall project higher than the level of the center of the lamp from which it comes.
     (4) (A) Subject to paragraph (B) of this subdivision, a motorcycle may be equipped with, and an operator of a motorcycle may use, the following auxiliary lighting:
_____(i) Amber and white illumination;
_____(ii) Standard bulb running lights; or
_____(iii) Light-emitting diode pods and strips.
_____(B) Lighting under this subdivision shall be:
_____(i) Nonblinking;
_____(ii) Nonflashing;
_____(iii) Nonoscillating; and
_____(iv) Directed toward the engine and the drive train of the motorcycle to prevent interference with the drivers operation of the vehicle.
"
     On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 454), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Skaff.
     Absent and Not Voting: J. Nelson and Raines.
    So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2477) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     A message from the Senate, by
     The Clerk of the Senate, announced concurrence in the House of Delegates amendment, with amendment, and the passage, as amended, of
     S. B. 454, Defining dam "owner".
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendment to the House of Delegates amendment was reported by the Clerk:
     On page six, section three, subsection (k), subdivision (3), after "§ 3451", by changing the period to a colon and inserting the following proviso: "Provided, That an owner is not responsible for or liable for repairs, maintenance or damage arising from the regular operation, maintenance, deficiencies or ownership of the dam, nor shall the owner be cited as a noncompliant dam owner for any deficiencies of the dam, so long as the owner does not intentionally cause, damage or interfere with the regular operation and maintenance of the dam."
     And,
     On page six, section three, subsection (k), by striking out all of subdivision (4).
     On motion of Delegate White, the House of Delegates concurred in the Senate amendment to the House amendment.
     The bill, as amended by the House and further amended by the Senate, was then put upon its passage.

     On passage of the bill, the yeas and nays were taken (Roll No. 455), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 454) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates, as follows:
     Com. Sub. for H. B. 2606, Permitting the State Rail Authority to set the salary of the executive director.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     Delegate White moved that the bill take effect from its passage.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 456), and there were--yeas 98, nays none, absent and not voting 2, with the nays and absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2606) 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. 2757, Private cause of action for the humane destruction of a dog.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 20D. PRIVATE CAUSE OF ACTION FOR THE HUMANE DESTRUCTION OF A DOG.
§19-20D-1. Purpose.
  
The purpose of this article is to protect the public by providing a private cause of action seeking euthanasia of a dog in magistrate court to a person who has been attacked by a dog resulting in personal injuries requiring medical treatment which cost $2,000 or more, or who has been attacked by the dog and the dog had attacked a person causing personal injury which required medical treatment within the previous twelve months.
§19-20D-2. Procedure; petition to magistrate court; elements of action; burden of proof; attorney fees; limitation of action.
     (a) A person seeking relief under this article may apply to the magistrate court in the county where the dog owner resides, or the county where the injury occurred, by verified petition setting forth and affirming the following:
     (1) That the owner of the dog resides in the county where the petition is filed or the attack giving rise to the action occurred in the county where the petition is filed;
     (2) That the petitioner was:
     (A) Attacked by the dog and the attack resulted in personal injuries requiring medical treatment in the amount of $2,000 or more; or
     (B) Attacked by the dog and the dog had engaged in a separate attack on a person causing personal injury requiring medical treatment within the previous twelve months; and
     (3) That the petitioner did nothing to provoke the dog.
     (b) The petition and summons shall be served on the respondent in the manner set forth in Rule 4 of the West Virginia Rules of Civil Procedure.
     (c) The petitioner must prove the allegations in the petition by clear and convincing evidence.
     (d) The prevailing party is entitled to an award of reasonable attorney fees and costs.
     (e) The limitations of the cause of action in this article are as follows:
     (1) Relief, other than attorney fees and costs in subsection (d) of this section, is limited to an order directing that the owner of the dog have the dog euthanized; and
     (2) The cause of action provided by this article does not establish statutory liability nor does it supplant a common law negligence cause of action.
§19-20D-3. Order of the magistrate court.
     (a) If the trier of fact finds by clear and convincing evidence that the dog which is the subject of the action under this article has attacked the petitioner and caused personal injuries requiring medical treatment in the amount of $2,000 or more or that the dog attacked the petitioner and within the twelve month period prior to the attack had engaged in a separate attack causing personal injury requiring medical treatment, then the court shall order the owner of the dog to have the dog euthanized.
     (b) The magistrate court shall issue and file a written order that sets forth the following:
     (1) Findings of fact and conclusions of law; and
     (2) If the court orders euthanasia, a specific date upon which the owner of the dog must have the euthanasia performed and a direction that documentation be mailed to the petitioner and filed with the court by a specific date showing that the procedure was performed.
     (c) If the court does not order euthanasia, the court shall order that the petition be dismissed with prejudice.
     (d) The court may award reasonable attorney fees and costs to the prevailing party."
     And,
     By amending the title of the bill to read as follows:
     Com. Sub. for H. B. 2757 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-20D-1, §19-20D-2 and §19-20D-3, all relating to the creation of a private cause of action in magistrate court for the purpose of seeking humane destruction of a dog which has attacked a person; providing the elements of the cause of action and contents of the verified petition; allowing attorney fees; providing for limitations of the cause of action; and requiring the court to issue a written order; providing for contents of order; requiring proof of euthansia; and requiring dismissal of petition if euthanasia not ordered."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
     The bill, as amended by the Senate, was then put upon its passage.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 457), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Manypenny.
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub for H. B. 2757) 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:
     Com. Sub. for H. B. 4254, Providing that certain state employees may be granted a leave of absence with pay during a declared state of emergency,
     And,
     Com. Sub. for H. B. 2954, Requiring that members of the Mine Safety Technology Task Force are paid the same compensation as members of the Legislature.
     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had receded from its amendments and again passed, a bill of the House of Delegates, as follows:
     Com. Sub. for H. B. 4283, Raising the minimum wage.
     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. 3011, Removing the provision that requires an applicant to meet federal requirements concerning the production, distribution and sale of industrial hemp prior to being licensed.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page three, section five, after line twenty-nine, by adding a new subsection, designated subsection (e), to read as follows:
     "(e) Notwithstanding any provision of this article or the provisions of chapter sixty-a of this code to the contrary, only the Department of Agriculture and state institutions of higher learning licensed and authorized by the commissioner to do so may lawfully grow or cultivate industrial hemp in this state."
     And,
     By amending the title of the bill to read as follows:
     Com. Sub. for H. B. 3011 - "A Bill to amend and reenact §19-12E-5 and §19-12E-9 of the Code of West Virginia, 1931, as amended, all relating to removing the provision that requires an applicant to meet federal requirements concerning the production, distribution and sale of industrial hemp prior to being licensed to grow hemp for industrial purposes in the state or as part of a complete defense to a prosecution for the possession or cultivation of marijuana; and limiting the cultivation of industrial hemp to research conducted by the Commissioner of Agriculture and institutions of higher learning authorized by the Commissioner to do so."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 458), and there were--yeas 90, nays 7, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Armstead, Cooper, D. Evans, Gearheart, Howell, Kinsey and Lane.
     Absent and Not Voting: Iaquinta, J. Nelson and Raines.
    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. 3011) 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, to take effect from passage, a bill of the House of Delegates, as follows:
     Com. Sub. for H. B. 4002, Relating to the computation of local share for public school support purposes.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
     "That §11-1C-5b of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §18-9A-2, §18-9A-2a and §18-9A-11 of said code be amended and reenacted, all to read as follows:
CHAPTER 11. TAXATION.

ARTICLE 1C. FAIR AND EQUITABLE PROPERTY VALUATION.
§11-1C-5b. Assessment for purpose of calculating local share.

     (a) This section is effective July 1, 2013, and distribution of state aid pursuant to the local share calculations made pursuant to this section shall occur during the 2014-2015 fiscal year and all fiscal years thereafter.
     (b) The Tax Commissioner shall calculate the total assessed values for the purpose of calculating local share for each county each year pursuant to this section and report the total assessed values to the State Board of Education on or before December 1 March 3 of each year.
     (c) To provide for assessors to assess at sixty percent of market value, it is the intent of the Legislature that local share, as set forth in section eleven, article nine-a, chapter eighteen of this code, be calculated assuming that the types of property included in the assessment ratio study in each county are assessed at a level in which the assessment ratio study indicates would be sixty percent of market value.
     (d) For each of lasses II, III and IV as set forth in section five, article eight of this chapter, all real property of the type that is or would be included in the assessment ratio study if sold is assumed for the purpose of calculating local share to be assessed at the amount the property would be assessed at if all the property in the class were adjusted under the assumption that, using a ratio of sixty percent, all the property were under or over assessed under assessed or over assessed to the same extent as that property included in the assessment ratio study so that using the assessment ratio study as an indicator all the property in the class would be assessed at the ratio of sixty percent of market value, subject to the following:
_____
(1) Provided, That If the sales ratio analysis indicates that assessments are within ten percent of sixty percent of market value, assessments are considered to be sixty percent of market value for the purposes of this section;
     (2) For tax years beginning on and after the July 1, 2013, assessment date, for the first tax year when a countys assessments are below sixty percent of market value, including the ten-percent variance:
_____
(A) The actual assessed values of the properties to which this subsection applies shall be used for the purposes of calculating local share; and
_____
(B) In addition to any other sanctions and notices the Property Valuation Training and Procedures Commission may elect to adopt or apply, the commission shall, at a minimum, notify the county assessor that the sales ratio study indicates that assessments are below sixty percent of market value including the ten-percent variance;
_____
(3) For the second consecutive year that assessments are below sixty percent of market value including the ten-percent variance, the use of the assumed assessed values shall be used for the purposes of calculating local share in the next succeeding tax year after the first tax year when a countys assessments are below sixty percent of market value, including the ten-percent variance, and for succeeding consecutive years thereafter until such time as assessments are not below sixty percent of market value, including the ten-percent variance. For the purposes of this subsection, only tax years beginning on or after the July 1, 2013, assessment date may count as the first year;
_____(4) In any county for which a valid sales ratio analysis cannot be obtained, owing to a lack of arms-length sales of property in the county, it shall be assumed, for purposes of this section, that all property in that county is assessed at sixty percent of the appraised value, as determined by the Tax Commissioner; and
_____(5) Should a county fail in any year to meet the minimum sales ratio required by this section, the county may, upon express written waiver of the Tax Commissioner, be relieved of the penalties imposed by this section upon a showing by the assessor of that county that the preliminary sales ratio for the next succeeding year would meet the minimum ratio.

     (e) The amount of the assumed assessed values determined pursuant to subsection (d) of this section shall be added to the actual assessed values of personal property, farmland, managed timberland, public utility property or any other centrally assessed appraised property provided in paragraphs (A), (B), (C) and (D), subdivision (2), subsection (a), section five of this article and the sum of these values is the total assessed value for the purpose of calculating local share.
CHAPTER 18. EDUCATION.

ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-2. Definitions.

     For the purpose of this article:
     (a) State board means the West Virginia Board of Education.
     (b) County board or board means a county board of education.
     (c) Professional salaries means the state legally mandated salaries of the professional educators as provided in article four, chapter eighteen-a of this code.
     (d) Professional educator shall be synonymous with and shall have the same meaning as teacher as defined in section one, article one of this chapter, and includes technology integration specialists.
     (e) Professional instructional personnel means a professional educator whose regular duty is as that of a classroom teacher, librarian, attendance director or school psychologist. A professional educator having both instructional and administrative or other duties shall be included as professional instructional personnel for that ratio of the school day for which he or she is assigned and serves on a regular full-time basis in appropriate instruction, library, attendance or psychologist duties.
     (f) Professional student support personnel means a teacher as defined in section one, article one of this chapter who is assigned and serves on a regular full-time basis as a counselor or as a school nurse with a bachelors degree and who is licensed by the West Virginia Board of Examiners for Registered Professional Nurses. For all purposes except for the determination of the allowance for professional educators pursuant to section four of this article, professional student support personnel are professional educators.
     (g) Service personnel salaries means the state legally mandated salaries for service personnel as provided in section eight-a, article four, chapter eighteen-a of this code.
     (h) Service personnel means all personnel as provided in section eight, article four, chapter eighteen-a of this code. For the purpose of computations under this article of ratios of service personnel to net enrollment, a service employee shall be counted as that number found by dividing his or her number of employment days in a fiscal year by two hundred: Provided, That the computation for any service person employed for three and one-half hours or less per day as provided in section eight-a, article four, chapter eighteen-a of this code shall be calculated as one half an employment day.
     (i) Net enrollment means the number of pupils enrolled in special education programs, kindergarten programs and grades one to twelve, inclusive, of the public schools of the county. Net enrollment further shall include:
     (1) Adults enrolled in regular secondary vocational programs existing as of the effective date of this section, subject to the following:
     (A) Net enrollment includes no more than one thousand of those adults counted on the basis of full-time equivalency and apportioned annually to each county in proportion to the adults participating in regular secondary vocational programs in the prior year counted on the basis of full-time equivalency; and
     (B) Net enrollment does not include any adult charged tuition or special fees beyond that required of the regular secondary vocational student;
     (2) Students enrolled in early childhood education programs as provided in section forty-four, article five of this chapter, counted on the basis of full-time equivalency;
     (3) No pupil shall be counted more than once by reason of transfer within the county or from another county within the state, and no pupil shall be counted who attends school in this state from another state;
     (4) The enrollment shall be modified to the equivalent of the instructional term and in accordance with the eligibility requirements and rules established by the state board; and
     (5) For the purposes of determining the countys basic foundation program only, for any county whose net enrollment as determined under all other provisions of this definition is less than one thousand four hundred, the net enrollment of the county shall be increased by an amount to be determined in accordance with the following:
     (A) Divide the states lowest county student population density by the countys actual student population density;
     (B) Multiply the amount derived from the calculation in paragraph (A) of this subdivision by the difference between one thousand four hundred and the countys actual net enrollment;
     (C) If the increase in net enrollment as determined under this subdivision plus the countys net enrollment as determined under all other provisions of this subsection is greater than one thousand four hundred, the increase in net enrollment shall be reduced so that the total does not exceed one thousand four hundred; and
     (D) During the 2008-2009 interim period and every three interim periods thereafter, the Legislative Oversight Commission on Education Accountability shall review the provisions of this subdivision to determine whether or not they properly address the needs of counties with low enrollment and a sparse population density.
     (j) Sparse-density county means a county whose ratio of net enrollment, excluding any increase in the net enrollment of counties pursuant to subdivision (5) of the definition of net enrollment, to the square miles of the county is less than five.
     (k) Low-density county means a county whose ratio of net enrollment, excluding any increase in the net enrollment of counties pursuant to subdivision (5) of the definition of net enrollment, to the square miles of the county is equal to or greater than five but less than ten.
     (l) Medium-density county means a county whose ratio of net enrollment, excluding any increase in the net enrollment of counties pursuant to subdivision (5) of the definition of net enrollment, to the square miles of the county is equal to or greater than ten but less than twenty.
     (m) High-density county means a county whose ratio of net enrollment, excluding any increase in the net enrollment of counties pursuant to subdivision (5) of the definition of net enrollment, to the square miles of the county is equal to or greater than twenty.
     (n) Levies for general current expense purposes means ninety-four percent of the levy rate for county boards of education calculated or set by the Legislature pursuant to the provisions of section six-f, article eight, chapter eleven of this code: Provided, That beginning July 1, 2008, levies for general current expense purposes means ninety percent of the levy rate for county boards of education calculated or set by the Legislature pursuant to the provisions of section six-f, article eight, chapter eleven of this code: Provided, however, That effective July 1, 2010, the definitions definition set forth in this subsection are is subject to the provisions of section two-a of this article.
     (o) Technology integration specialist means a professional educator who has expertise in the technology field and is assigned as a resource teacher to provide information and guidance to classroom teachers on the integration of technology into the curriculum.
     (p) State-aid eligible personnel means all professional educators and service personnel employed by a county board in positions that are eligible to be funded under this article and whose salaries are not funded by a specific funding source such as a federal or state grant, donation, contribution or other specific funding source not listed.
§18-9A-2a. Definition of levies for general current expense purposes.
     (a) For the purposes of this section only, property means only Class II, III and IV properties exclusive of natural resources property as defined in section ten, article one-c, chapter eleven of this code, personal property, farmland, managed timberland, public utility property or any other centrally assessed property provided in paragraphs (A), (B), (C) and (D), subdivision (2), subsection (a), section five, article one-c, chapter eleven of this code: Provided, That nothing in this subsection may be construed to require that levies for general current expense purposes be applied only to those properties that are included in this definition.
     (b) For the purposes of this section only, the median ratio of the assessed values to actual selling prices in the assessment ratio study applicable to the immediately preceding fiscal year shall be used as the indicator to determine the percentage market value that properties are being assessed at.
     (c) For tax years beginning on and after the July 1, 2013, assessment date, for the first tax year when a countys assessments are below sixty percent of market value, including the ten-percent variance, the requirements of subdivision (2), subsection (d), section five-b, article one-c, chapter eleven of this code shall apply.
_____
(c) (d) Notwithstanding any other provision of this section or section two of this article, effective July 1, 2013 for any county that is not assessing property at least at fifty-four percent of market value for the second consecutive year that a countys assessments are below sixty percent of market value including the ten-percent variance and for any next succeeding consecutive years thereafter that assessments remain below that level, levies for general current expense purposes means ninety-eight percent of the levy rate for county boards of education set by the Legislature pursuant to section six-f, article eight, chapter eleven of this code. For the purposes of this subsection, only tax years beginning on or after the July 1, 2013, assessment date may count as the first year.
_____
(d) (e) Any county that receives additional state aid due to its using a percentage less than ninety-eight percent in the calculation of levies for general current expense purposes, shall report to the state board how the additional state aid was used. The state board shall compile the reports from all the county boards into a single report, and shall report to the Legislative Oversight Commission on Education Accountability how the county boards used this additional state aid. The report shall be made annually as soon as practical after the end of each fiscal year.
§18-9A-11. Computation of local share; appraisal and assessment of property; public library support.
          (a) On the basis of each countys certificates of valuation as to all classes of property as determined and published by the assessors pursuant to section six, article three, chapter eleven of this code for the next ensuing fiscal year in reliance upon the assessed values annually developed by each county assessor pursuant to the provisions of articles one-c and three of said chapter, the state board shall for each county compute by application of the levies for general current expense purposes, as defined in section two of this article, the amount of revenue which the levies would produce if levied upon one hundred percent of the assessed value of each of the several classes of property contained in the report or revised report of the value, made to it by the Tax Commissioner as follows:
          (1) The state board shall first take ninety-five percent of the amount ascertained by applying these rates to the total assessed public utility valuation in each classification of property in the county; and
          (2) The state board shall then apply these rates to the assessed taxable value of other property in each classification in the county as determined by the Tax Commissioner and shall deduct therefrom five percent as an allowance for the usual losses in collections due to discounts, exonerations, delinquencies and the like. All of the amount so determined shall be added to the ninety-five percent of public utility taxes computed as provided in subdivision (1) of this subsection and this total shall be further reduced by the amount due each county assessors office pursuant to the provisions of section eight, article one-c, chapter eleven of this code and this amount shall be the local share of the particular county.
          As to any estimations or preliminary computations of local share required prior to the report to the Legislature by the Tax Commissioner, the state shall use the most recent projections or estimations that may be available from the Tax Department for that purpose.
          (b) Effective July 1, 2013, subsection (a) of this section is void and local share shall be calculated in accordance with the following:
          (1) The state board shall for each county compute by application of the levies for general current expense purposes, as defined in sections two and two-a of this article, the amount of revenue which the levies would produce if levied upon one hundred percent of the assessed value calculated pursuant to section five-b, article one-c, chapter eleven of this code;
          (2) Five percent shall be deducted from the revenue calculated pursuant to subdivision (1) of this subsection as an allowance for the usual losses in collections due to discounts, exonerations, delinquencies and the like; and
          (3) The amount calculated in subdivision (2) of this subsection shall further be reduced by the sum of money due each assessors office pursuant to the provisions of section eight, article one-c, chapter eleven of this code and this reduced amount shall be the local share of the particular county.
          As to any estimations or preliminary computations of local share required prior to the report to the state board by the Tax Commissioner pursuant to section five-b, article one-c, chapter eleven of this code, including computations necessary for the Governors proposed budget, the state shall use the most recent projections or estimations that may be available from the Tax Department for that purpose.
          (c) Whenever in any year a county assessor or a county commission fails or refuses to comply with the provisions of this section in setting the valuations of property for assessment purposes in any class or classes of property in the county, the State Tax Commissioner shall review the valuations for assessment purposes made by the county assessor and the county commission and shall direct the county assessor and the county commission to make corrections in the valuations as necessary so that they comply with the requirements of chapter eleven of this code and this section and the Tax Commissioner shall enter the county and fix the assessments at the required ratios. Refusal of the assessor or the county commission to make the corrections constitutes grounds for removal from office.
          (d) For the purposes of any computation made in accordance with the provisions of this section, in any taxing unit in which tax increment financing is in effect pursuant to the provisions of article eleven-b, chapter seven of this code, the assessed value of a related private project shall be the base-assessed value as defined in section two of said article.
          (e) For purposes of any computation made in accordance with the provisions of this section, in any county where the county board of education has adopted a resolution choosing to use the provisions of the Growth County School Facilities Act set forth in section six-f, article eight, chapter eleven of this code, estimated school board revenues generated from application of the regular school board levy rate to new property values, as that term is designated in said section, may not be considered local share funds and shall be subtracted before the computations in subdivisions (1) and (2), subsection (a) of this section or in subdivisions (2) and (3), subsection (b) of this section, as applicable, are made.
          (f) The Legislature finds that public school systems throughout the state provide support in varying degrees to public libraries through a variety of means including budgeted allocations, excess levy funds and portions of their regular school board levies as may be provided by special act. A number of public libraries are situated on the campuses of public schools and several are within public school buildings serving both the students and public patrons. To the extent that public schools recognize and choose to avail the resources of public libraries toward developing within their students such legally recognized elements of a thorough and efficient education as literacy, interests in literature, knowledge of government and the world around them and preparation for advanced academic training, work and citizenship, public libraries serve a legitimate school purpose and may do so economically. For the purposes of any computation made in accordance with the provisions of this section, the library funding obligation on the regular school board levies which is created by a special act and is due and payable from the levy revenues to a library shall be paid from the county school boards discretionary retainage, which is hereby defined as the amount by which the regular school board levies exceeds the local share as determined hereunder. If the library funding obligation which is created by a special act and is due and payable to a library is greater than the county school boards discretionary retainage, the library funding obligation created by the special act is amended and is reduced to the amount of the discretionary retainage, notwithstanding any provisions of the special act to the contrary. Any excess of the discretionary retainage over the library funding obligation shall be available for expenditure by the county board in its discretion for its properly budgeted purposes.
          (g) It is the intent of the Legislature that whenever a provision of subsection (f) of this section is contrary to any special act of the Legislature which has been or may in the future be enacted by the Legislature that creates a library funding obligation on the regular school board levy of a county, subsection (f) of this section controls over the special act. Specifically, the special acts which are subject to said subsection upon the enactment of this section during the 2007 regular session of the Legislature include:
          (1) Enrolled Senate Bill No. 11, passed on February 12, 1970, applicable to the Berkeley County Board of Education;
          (2) Enrolled House Bill No. 1352, passed on April 7, 1981, applicable to the Hardy County Board of Education;
          (3) Enrolled Committee Substitute for House Bill No. 2833, passed on March 14, 1987, applicable to the Harrison County Board of Education;
          (4) Enrolled House Bill No. 161, passed on March 6, 1957, applicable to the Kanawha County Board of Education;
          (5) Enrolled Senate Bill No. 313, passed on March 12, 1937, as amended by Enrolled House Bill No. 1074, passed on March 8, 1967, and as amended by Enrolled House Bill No. 1195, passed on January 18, 1982, applicable to the Ohio County Board of Education;
          (6) Enrolled House Bill No. 938, passed on February 28, 1969, applicable to the Raleigh County Board of Education;
          (7) Enrolled House Bill No. 398, passed on March 1, 1935, applicable to the Tyler County Board of Education;
          (8) Enrolled Committee Substitute for Senate Bill No. 450, passed on March 11, 1994, applicable to the Upshur County Board of Education; and
          (9) Enrolled House Bill No. 2994, passed on March 13, 1987, applicable to the Wood County Board of Education.
          (h) Notwithstanding any provision of any special act set forth in subsection (g) of this section to the contrary, the county board of any county with a special act creating a library obligation out of the countys regular school levy revenues may transfer that library obligation so that it becomes a continuing obligation of its excess levy revenues instead of an obligation of its regular school levy revenues, subject to the following:
          (1) If a county board chooses to transfer the library obligation pursuant to this subsection, the library funding obligation shall remain an obligation of the regular school levy revenues until the fiscal year in which the excess levy is effective or would have been effective if it had been passed by the voters;
          (2) If a county board chooses to transfer the library obligation pursuant to this subsection, the county board shall include the funding of the public library obligation in the same amount as its library funding obligation which exists or had existed on its regular levy revenues as one of the purposes for the excess levy to be voted on as a specifically described line item of the excess levy: Provided, That if the county board has transferred the library obligation to the excess levy and the excess levy fails to be passed by the voters or the excess levy passes and thereafter expires upon the time limit for continuation as set forth in section sixteen, article eight, chapter eleven of this code, then in any subsequent excess levy which the county board thereafter submits to the voters the library funding obligation again shall be included as one of the purposes of the subsequent excess levy as a specifically described line item of the excess levy;
          (3) If a county board chooses to transfer the library obligation pursuant to this subsection, regardless of whether or not the excess levy passes, effective the fiscal year in which the excess levy is effective or would have been effective if it had been passed by the voters, a countys library obligation on its regular levy revenues is void notwithstanding any provision of the special acts set forth in subsection (g) of this section to the contrary; and
          (4) Nothing in subdivision (3) of this subsection prohibits a county board from funding its public library obligation voluntarily."
          And,
          By amending the title of the bill to read as follows:
          Com. Sub. for H. B. 4002 - "A Bill to amend and reenact §11-1C-5b of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-9A-2, §18-9A-2a and §18-9A-11 of said code, all relating to calculating local share; changing the deadline for Tax Commissioner to report the total assessed values to the State Board of Education; delaying use of assessment ratio study for calculating local share until the second consecutive year, and consecutive years thereafter, that assessments are below sixty percent of market value including the ten-percent variance; creating assumption that all property in a county is assessed at sixty percent for the purpose of determining whether to use the sales ratio analysis in the calculation of local share when a valid sales ratio analysis cannot be obtained due to a lack of arms-length sales of property in a county; allowing Tax Commissioner to waive the use of the sales ratio analysis for calculating local share upon a showing by the assessor of that county that the preliminary sales ratio for the next succeeding year would meet the minimum ratio; delaying the increase in the percent of local levy rate for county boards of education used for calculating local share until the second consecutive year, and consecutive years thereafter, that assessments are below sixty percent of market value including the ten-percent variance; clarifying language pertaining to the amount that assumed assessed values is to be added to for the purpose of calculating local share; and requiring the state to use the most recent projections or estimations that may be available from the Tax Department for any estimation or preliminary computations of local share required prior to the report to the state board by the Tax Commissioner."
          On motion of Delegate White, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.
          Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
          A message from the Senate, by
          The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
          Com. Sub. for H. B. 4005, Relating to criminal offenses for child abuse and child neglect.           On motion of Delegate White, the bill was taken up for immediate consideration.
          The following Senate amendments were reported by the Clerk:
          On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
          "That §61-8D-1, §61-8D-3, §61-8D-4 and §61-8D-9 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 8D. CHILD ABUSE.
§61-8D-1. Definitions.
          
In this article, unless a different meaning is plainly is required:
          (1) Abuse means the infliction upon a minor of physical injury by other than accidental means.
          (2) Child means any person under eighteen years of age not otherwise emancipated by law.
          (3) Controlled substance means controlled substance as that term is defined in subsection (d), section one hundred one, article one, chapter sixty-a of this code.
          (4) Custodian means a person over the age of fourteen years who has or shares actual physical possession or care and custody of a child on a full-time or temporary basis, regardless of whether such person has been granted custody of the child by any contract, agreement or legal proceeding. Custodian shall also include, but not be limited to, the spouse of a parent, guardian or custodian, or a person cohabiting with a parent, guardian or custodian in the relationship of husband and wife, where such spouse or other person shares actual physical possession or care and custody of a child with the parent, guardian or custodian.
          (5) Guardian means a person who has care and custody of a child as the result of any contract, agreement or legal proceeding.
          (6) Gross neglect means reckless or intentional conduct, behavior or inaction by a parent, guardian or custodian that evidences a clear disregard for a minor childs health, safety or welfare.
__________
(6) (7) Neglect means the unreasonable failure by a parent, guardian or any person voluntarily accepting a supervisory role towards custodian of a minor child to exercise a minimum degree of care to assure said the minor childs physical safety or health. For purposes of this article, the following do not constitute neglect by a parent, guardian or custodian:
__________(A) Permitting a minor child to participate in athletic activities or other similar activities that if done properly are not inherently dangerous, regardless of whether that participation creates a risk of bodily injury;
__________(B) Exercising discretion in choosing a lawful method of educating a minor child; or
__________(C) Exercising discretion in making decisions regarding the nutrition and medical care provided to a minor child based upon religious conviction or reasonable personal belief.
__________
(7) (8) Parent means the biological father or mother of a child, or the adoptive mother or father of a child.
          (8) (9) Sexual contact means sexual contact as that term is defined in section one, article eight- b, chapter sixty-one of this code.
          (9) (10) Sexual exploitation means an act whereby:
          (A) A parent, custodian, guardian or other person in a position of trust to a child, whether for financial gain or not, persuades, induces, entices or coerces the child to engage in sexually explicit conduct as that term is defined in section one, article eight-c, chapter sixty-one of this code; or
          (B) A parent, guardian, custodian or other person in a position of trust in relation to a child persuades, induces, entices or coerces the child to display his or her sex organs for the sexual gratification of the parent, guardian, custodian, person in a position of trust or a third person, or to display his or her sex organs under circumstances in which the parent, guardian, custodian or other person in a position of trust knows such display is likely to be observed by others who would be affronted or alarmed.
          (10) (11) Sexual intercourse means sexual intercourse as that term is defined in section one, article eight-b, chapter sixty-one of this code.
          (11) (12) Sexual intrusion means sexual intrusion as that term is defined in section one, article eight-b, chapter sixty-one of this code.
          (12) (13) A person in a position of trust in relation to a child refers to any person who is acting in the place of a parent and charged with any of a parents rights, duties or responsibilities concerning a child or someone responsible for the general supervision of a childs welfare, or any person who by virtue of their occupation or position is charged with any duty or responsibility for the health, education, welfare, or supervision of the child.
§61-8D-3. Child abuse resulting in injury; child abuse creating risk of injury; criminal penalties.
  (a) If any parent, guardian or custodian shall abuse a child and by such abuse cause such child bodily injury as such term is defined in section one, article eight-b of this chapter, then such parent, guardian or custodian shall be guilty of a felony and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000 and committed to the custody of the Division of Corrections imprisoned in a state correctional facility for not less than one nor more than five years, or in the discretion of the court, be confined in the county or regional jail for not more than one year.
  (b) If any parent, guardian or custodian shall abuse a child and by such abuse cause said child serious bodily injury as such term is defined in section one, article eight-b of this chapter, then such parent, guardian or custodian shall be guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000 and committed to the custody of the Division of Corrections not less than two nor more than ten years.
  (c) Any person parent, guardian or custodian who abuses a child and by the abuse creates a substantial risk of death or serious bodily injury, or of death as serious bodily injury is defined in section one, article eight-b of this chapter, to the child is guilty of a felony and, upon conviction thereof, shall be fined not more than $3,000 and confined to the custody of the Division of Corrections or imprisoned in a state correctional facility for not less than one nor more than five years, or both.
  (d)(1) If a parent, guardian or custodian who has not previously been convicted under this section, section four of this article or a law of another state or the federal government with the same essential elements abuses a child and by the abuse creates a substantial risk of bodily injury, as bodily injury is defined in section one, article eight-b of this chapter, to the child is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000 or confined in jail not more than six months, or both.
__(2) For a second offense under this subsection or for a person with one prior conviction under this section, section four of this article or a law of another state or the federal government with the same essential elements, the parent, guardian or custodian is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,500 and confined in jail not less than thirty days nor more than one year, or both.
__(3) For a third or subsequent offense under this subsection or for a person with two or more prior convictions under this section, section four of this article or a law of another state or the federal government with the same essential elements, the parent, guardian or custodian is guilty of a felony and, upon conviction thereof, shall be fined not more than $3,000 and imprisoned in a state correctional facility not less than one year nor more than three years, or both.
__(e) Any person convicted of a misdemeanor offense under this section:
__(1) May be required to complete parenting classes, substance abuse counseling, anger management counseling, or other appropriate services, or any combination thereof, as determined by Department of Health and Human Resources, Bureau for Children and Families through its services assessment evaluation, which shall be submitted to the court of conviction upon written request;
__(2) Shall not be required to register pursuant to article thirteen, chapter fifteen of this code; and
__(3) Shall not, solely by virtue of the conviction, have their custody, visitation or parental rights automatically restricted.
__(f) Nothing in this section shall preclude a parent, guardian or custodian from providing reasonable discipline to a child.
§61-8D-4. Child neglect resulting in injury; child neglect creating risk of injury; criminal penalties.
  (a) If any a parent, guardian or custodian shall neglect neglects a child and by such neglect cause said causes the child bodily injury, as such term is bodily injury is defined in section one, article eight-b of this chapter, then such the parent, guardian or custodian shall be is guilty of a felony and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000 dollars or committed to the custody of the Division of Corrections imprisoned in a state correctional facility for not less than one nor more than three years, or in the discretion of the court, be confined in the county jail for not more than one year, or both. such fine and confinement or imprisonment
  (b) If any a parent, guardian or custodian shall neglect neglects a child and by such neglect cause said the child serious bodily injury, as such term is serious bodily injury is defined in section one, article eight-b of this chapter, then such the parent, guardian or custodian shall be is guilty of a felony and, upon conviction thereof, shall be fined not less than $300 nor more than $3,000 dollars or committed to the custody of the Division of Corrections imprisoned in a state correctional facility for not less than one nor more than ten years, or both. such fine and imprisonment
  
(c) If a parent, guardian or custodian grossly neglects a child and by that gross neglect creates a substantial risk of death or serious bodily injury, as serious bodily injury is defined in section one, article eight-b of this chapter, of the child then the parent, guardian or custodian is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $3,000 dollars or imprisoned in a state correctional facility for not less than one nor more than five years, or both.
__
(d)(1) If a parent, guardian or custodian who has not been previously convicted under this section, section three of this article or a law of another state or the federal government with the same essential elements neglects a child and by that neglect creates a substantial risk of bodily injury, as defined in section one, article eight-b of this chapter, to the child, then the parent, guardian or custodian, is guilty of a misdemeanor and, upon conviction thereof, for a first offense, shall be fined not less than $100 nor more than $1,000 or confined in jail not more than six months, or both fined and confined.
__(2) For a second offense under this subsection or for a person with one prior conviction under this section, section three of this article or a law of another state or the federal government with the same essential elements, the parent, guardian or custodian is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 and confined in jail not less than thirty days nor more than one year, or both.
__(3) For a third or subsequent offense under this subsection or for a person with two or more prior convictions under this section, section three of this article or a law of another state or the federal government with the same essential elements, the parent, guardian or custodian is guilty of a felony and, upon conviction thereof, shall be fined not more than $2,000 and imprisoned in a state correctional facility not less than one year nor more than three years, or both fined and imprisoned.
__
(c) (e) The provisions of this section shall not apply if the neglect by the parent, guardian or custodian is due primarily to a lack of financial means on the part of such parent, guardian or custodian.
  (f) Any person convicted of a misdemeanor offense under this section:
__(1) May be required to complete parenting classes, substance abuse counseling, anger management counseling, or other appropriate services, or any combination thereof, as determined by Department of Health and Human Resources, Bureau for Children and Families through its services assessment evaluation, which shall be submitted to the court of conviction upon written request;
__(2) Shall not be required to register pursuant to the requirements of article thirteen, chapter fifteen of this code; and
__(3) Shall not, solely by virtue of the conviction, have their custody, visitation or parental rights automatically restricted.
__
(d) The provisions of this section shall not apply to any parent, guardian or custodian who fails or refuses, or allows another person to fail or refuse, to supply a child under the care, custody or control of such parent, guardian or custodian with necessary medical care, when such medical care conflicts with the tenets and practices of a recognized religious denomination or order of which such parent, guardian or custodian is an adherent or member.
  
(e) Any person who grossly neglects a child and by the gross neglect creates a substantial risk of serious bodily injury or of death to the child is guilty of a felony and, upon conviction thereof, shall be fined not more than three thousand dollars and confined to the custody of the Division of Corrections for not less than one nor more than five years.
§61-8D-9. Convictions for offenses against children.
  In any case where a person is convicted of an a felony offense described in this article against a child as set forth in this article and the person has custodial, visitation or other parental rights to the child who is the victim of the offense or any child who resides in the same household as the victim, the court shall, at the time of sentencing, find that the person is an abusing parent within the meaning of article six, chapter forty-nine of this code as to the child victim, and may find that the person is an abusing parent as to any child who resides in the same household as the victim, and shall take such further action in accord with the provisions of said article."
  And,
  By amending the title of the bill to read as follows:
  Com. Sub. for H. B. 4005 - "A Bill to amend and reenact §61-8D-1, §61-8D-3, §61-8D-4 and §61-8D-9 of the Code of West Virginia, 1931, as amended, relating to offenses of child abuse and neglect by a parent, guardian or custodian; defining terms and creating exceptions to terms; creating a criminal offense for child abuse by a parent, guardian or custodian which creates a substantial risk of bodily injury; establishing misdemeanor penalties for a first and second offense; providing that those convicted of a first or second offense may be required to undergo certain counseling; making a conviction of a third or subsequent offense a felony and establishing criminal penalties; stating that reasonable discipline of a child is not precluded by the child abuse crimes; making it a felony for a parent, guardian or custodian to grossly neglect a child which creates substantial risk of serious bodily injury or death; creating a criminal offense of child neglect by a parent, guardian or custodian which creates a substantial risk of bodily injury with misdemeanor penalties for first and second offenses and felony penalties for third and subsequent offenses; providing that a parent, guardian or custodian convicted of a misdemeanor is not required to register as a person convicted of child abuse or neglect or suffer other potential collateral consequences; permitting a person convicted of a misdemeanor to also be required to complete certain counseling; providing that a parent, guardian or custodian convicted of a misdemeanor is not required to register as a person convicted of child abuse or neglect and may not, solely because of the conviction, have their custody, visitation or parental rights automatically restricted; and requiring the court to declare a person an abusing parent under article six, chapter forty-nine of this code if they are convicted of a felony offense under this article."
  On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
  The bill, as amended by the Senate, was then put upon its passage.
  On the passage of the bill, the yeas and nays were taken (Roll No. 459), and there were--yeas 94, nays 3, absent and not voting 3, with the nays and absent and not voting being as follows:
  Nays: Cowles, Ellem and Lane.
  Absent and Not Voting: J. Nelson, ONeal and Raines.
 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. 4005) 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, to take effect from passage, a bill of the House of Delegates, as follows:
  Com. Sub. for H. B. 4039, Authorizing miscellaneous boards and agencies to promulgate legislative rules.
  On motion of Delegate White, the bill was taken up for immediate consideration.
  The following Senate amendment was reported by the Clerk:
  On page nine, section four, after line six, by inserting the following:
  On page thirty-two, by striking out the words "10.2.p. One roster: thirty-five dollars ($35); Roster subscription fee:" and inserting in lieu thereof the following:
  10.2.q. One roster: thirty-five dollars ($35); 10.2.r. Roster subscription fee: fifty dollars ($50);
  And,
  By relettering the remaining subdivisions.
  On page sixteen, section seven, line five, after the word "authorized", by striking out the period and adding the following: with the following amendment:
  On page three, section 7, by striking out all of subsection 7.3.;
  And,
  On page seventeen, section eight, line twenty, after the word "authorized", by striking out the period and inserting the following:
§16-16-9. Poultry Exemptions.
  9.1. A poultry producer who otherwise meets the requirements of the exemption for poultry producers that slaughter or process 20,000 or fewer birds per calendar year under the federal Poultry Products Inspection Act, 21 U. S. C. 464(c)(3), may not keep a poultry flock of more than 3,000 birds at any one time.         
  On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
  The bill, as amended by the Senate, was then put upon its passage.
  On the passage of the bill, the yeas and nays were taken (Roll No. 460), and there were--yeas 71, nays 27, absent and not voting 2, with the nays and absent and not voting being as follows:
  Nays: Anderson, Andes, Armstead, Ashley, Border, Cadle, Canterbury, Cooper, Cowles, Espinosa, Faircloth, Folk, Gearheart, Hamrick, Householder, Howell, Kump, Lane, E. Nelson, ONeal, Overington, Shott, R. Smith, Sobonya, Sumner, Walters and Westfall.
  Absent and Not Voting: J. Nelson and Raines.
 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. 4039) passed.
  Delegate White moved that the bill take effect from its passage.
  On this question, the yeas and nays were taken (Roll No. 461), and there were--yeas 76, nays 22, absent and not voting 2, with the nays and absent and not voting being as follows:
  Nays: Andes, Armstead, Ashley, Border, Cadle, Cooper, Cowles, Ellington, Espinosa, Faircloth, Folk, Gearheart, Hamrick, Householder, Howell, Kump, Lane, E. Nelson, Shott, R. Smith, Walters and Westfall.
  Absent and Not Voting: J. Nelson and Raines.
  So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4039) 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. 4184, Relating to the West Virginia Tourism Development Act.
  On motion of Delegate White, the bill was taken up for immediate consideration.
  The following Senate amendments were reported by the Clerk:
  On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
  "That §5B-2E-3, §5B-2E-4, §5B-2E-5, §5B-2E-7, §5B-2E-7a, §5B-2E-8 and §5B-2E-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted, and that said code be amended by adding thereto a new section, designated §5B-2E-7b, all to read as follows:
ARTICLE 2E. WEST VIRGINIA TOURISM DEVELOPMENT ACT.
§5B-2E-3. Definitions.

  As used in this article, unless the context clearly indicates otherwise:
  (1) Agreement means a tourism development agreement entered into, pursuant to section six of this article, between the development office and an approved company with respect to a project.
  (2) Approved company means any eligible company approved by the development office pursuant to section five of this article seeking to undertake a project.
  (3) Approved costs means:
  (a) Included costs:
  (i) Obligations incurred for labor and to vendors, contractors, subcontractors, builders, suppliers, delivery persons and material persons in connection with the acquisition, construction, equipping or installation of a project;
  (ii) The costs of acquiring real property or rights in real property and any costs incidental thereto;
  (iii) The cost of contract bonds and of insurance of all kinds that may be required or necessary during the course of the acquisition, construction, equipping, or installation of a project which is not paid by the vendor, supplier, delivery person, contractor or otherwise provided;
  (iv) All costs of architectural and engineering services, including, but not limited to: Estimates, plans and specifications, preliminary investigations and supervision of construction, installation, as well as for the performance of all the duties required by or consequent to the acquisition, construction, equipping or installation of a project;
  (v) All costs required to be paid under the terms of any contract for the acquisition, construction, equipping or installation of a project;
  (vi) All costs required for the installation of utilities, including, but not limited to: Water, sewer, sewer treatment, gas, electricity, communications and off-site construction of utility extensions to the boundaries of the real estate on which the facilities are located, all of which are to be used to improve the economic situation of the approved company in a manner that allows the approved company to attract persons; and
  (vii) All other costs comparable with those described in this subdivision;
  (b) Excluded costs. -- The term approved costs does not include any portion of the cost required to be paid for the acquisition, construction, equipping or installation of a project that is financed with governmental incentives, grants or bonds or for which the eligible taxpayer elects to qualify for other tax credits, including, but not limited to, those provided by article thirteen-q, chapter eleven of this code. The exclusion of certain costs of a project under this paragraph (b) does not automatically disqualify the remainder of the costs of the project.
  (4) Base tax revenue amount means the average monthly amount of consumer sales and service tax collected by an approved company, based on the twelve-month period ending immediately prior to the opening of a new tourism development project for business or a tourism development expansion project, as certified by the State Tax Commissioner.
  (5) Development office means the West Virginia Development Office as provided in article two of this chapter.
  (6) Crafts and products center means a facility primarily devoted to the display, promotion and sale of West Virginia products and at which a minimum of eighty percent of the sales occurring at the facility are of West Virginia arts, crafts or agricultural products.
  (7) Eligible company means any corporation, limited liability company, partnership, limited liability partnership, sole proprietorship, business trust, joint venture or any other entity operating or intending to operate a project, whether owned or leased, within the state that meets the standards required by the development office. An eligible company may operate or intend to operate directly or indirectly through a lessee.
  (8) Ineligible company means any West Virginia pari-mutuel racing facility licensed to operate multiple video lottery machines as authorized by article twenty-two-a, chapter twenty-nine of this code or any limited lottery retailer holding a valid license issued under article seven, chapter sixty of this code.
  (9) Entertainment destination center means a facility containing a minimum of two hundred thousand square feet of building space adjacent or complementary to an existing tourism attraction, an approved project, or a major convention facility and which provides a variety of entertainment and leisure options that contain at least one major theme restaurant and at least three additional entertainment venues, including, but not limited to, live entertainment, multiplex theaters, large-format theaters, motion simulators, family entertainment centers, concert halls, virtual reality or other interactive games, museums, exhibitions or other cultural and leisure time activities. Entertainment and food and drink options shall occupy a minimum of sixty percent of total gross area, as defined in the application, available for lease and other retail stores shall occupy no more than forty percent of the total gross area available for lease.
  (10) Final approval means the action taken by the executive director of the development office qualifying the eligible company to receive the tax credits provided in this article.
  (11) Preliminary approval means the action taken by the executive director of the development office conditioning final approval.
  
(12) Project means a tourism development project and/or a tourism development expansion project administered in accordance with the provisions of this article.
  (12) Qualified professional services destination facility means a facility with a minimum qualified investment, as defined in this article, of not less than $80 million physically located in this state and adjacent or complementary to a historic resort hotel, which primarily furnishes and provides personal or professional services, or both types of services, to individuals who primarily are residents of another state or foreign county.
  (13) State agency means any state administrative body, agency, department, division, board, commission or institution exercising any function of the state that is not a municipal corporation or political subdivision.
  (14) Tourism attraction means a cultural or historical site, a recreation or entertainment facility, an area of natural phenomenon or scenic beauty, a West Virginia crafts and products center, or an entertainment destination center or a qualified professional services destination facility. A project or tourism attraction does not include any of the following:
  (A) Lodging facility, unless:
  (i) The facility constitutes a portion of a project and represents less than fifty percent of the total approved cost of the project, or the facility is to be located on recreational property owned or leased by the state or federal government and the facility has received prior approval from the appropriate state or federal agency;
  (ii) The facility involves the restoration or rehabilitation of a structure that is listed individually in the national register of historic places or is located in a national register historic district and certified by the state historic preservation officer as contributing to the historic significance of the district and the rehabilitation or restoration project has been approved in advance by the state historic preservation officer; or
  (iii) The facility involves the construction, reconstruction, restoration, rehabilitation or upgrade of a full-service lodging facility or the reconstruction, restoration, rehabilitation or upgrade of an existing structure into a full-service lodging facility having not less than five hundred guest rooms, with construction, reconstruction, restoration, rehabilitation or upgrade costs exceeding ten million dollars;
  (B) A facility that is primarily devoted to the retail sale of goods, other than an entertainment destination center, a West Virginia crafts and products center or a project where the sale of goods is a secondary and subordinate component of the project; and
  (C) A recreational facility that does not serve as a likely destination where individuals who are not residents of the state would remain overnight in commercial lodging at or near the project or existing attraction.
  (15) Tourism development project means the acquisition, including the acquisition of real estate by a leasehold interest with a minimum term of ten years, construction and equipping of a tourism attraction; the construction and installation of improvements to facilities necessary or desirable for the acquisition, construction, installation of a tourism attraction, including, but not limited to, surveys, installation of utilities, which may include water, sewer, sewage treatment, gas, electricity, communications and similar facilities; and off-site construction of utility extensions to the boundaries of the real estate on which the facilities are located, all of which are to be used to improve the economic situation of the approved company in a manner that allows the approved company to attract persons, but does not include a project that will be substantially owned, managed or controlled by an eligible company with an existing project located within a ten mile radius, or by a person or persons related by a family relationship, including spouses, parents, children or siblings, to an owner of an eligible company with an existing project located within a ten mile radius.
  (16) Tourism development expansion project means the acquisition, including the acquisition of real estate by a leasehold interest with a minimum term of ten years; the construction and installation of improvements to facilities necessary or desirable for the expansion of an existing tourism attraction including, but not limited to, surveys, installation of utilities, which may include water, sewer, sewage treatment, gas, electricity, communications and similar facilities; and off-site construction of utility extension to the boundaries of real estate on which the facilities are located, all of which are to be used to improve the economic situation of the approved company in a manner that allows the approved company to attract persons.
  (17) Tourism development project tax credit means the tourism development project tax credit allowed by section seven of this article.
  (18) Tourism development expansion project tax credit means the tourism development expansion project tax credit allowed by section seven-a of this article.
§5B-2E-4. Additional powers and duties of the development office.
  The development office has the following powers and duties, in addition to those set forth in this case, necessary to carry out the purposes of this article including, but not limited to:
  (1) Make preliminary and final approvals of all applications for projects and enter into agreements pertaining to projects with approved companies;
  (2) Employ fiscal consultants, attorneys, appraisers and other agents as the executive director of the development office finds necessary or convenient for the preparation and administration of agreements and documents necessary or incidental to any project; and
  (3) Impose and collect fees and charges in connection with any transaction.
  (4) Impose and collect from the applicant a non-refundable application fee in the amount of $10,000 to be paid to the Development Office when the application is filed.
§5B-2E-5. Project application; evaluation standards; consulting services; preliminary and final approval of projects.
  (a) Each eligible company that seeks to qualify a project for the tourism development project tax credit provided by section seven of this article, or for the tourism development expansion project tax credit provided by section seven-a of this article, as applicable, must file a written application for approval of the project with the Development Office.
  (b) With respect to each eligible company making an application to the Development Office for a tourism development project tax credit or a tourism development expansion project tax credit, the Development Office shall make inquiries and request documentation, including a completed application, from the applicant that shall include: A description and location of the project; capital and other anticipated expenditures for the project and the sources of funding therefor; the anticipated employment and wages to be paid at the project; business plans that indicate the average number of days in a year in which the project will be in operation and open to the public; and the anticipated revenues and expenses generated by the project. The executive director of the Development Office shall act to grant or not to grant any preliminary approval of an application within forty-five days following its receipt or receipt of additional information requested by the Development Office, whichever is later.
  
(c) Based upon a review of the application and additional documentation provided by the eligible company, if the executive director of the Development Office determines that the applicant and the project may reasonably satisfy the criteria for final approval set forth in subsection (d) of this section, then the executive director of the Development Office may grant a preliminary approval of the applicant and the project.
  
(d) After preliminary approval by the executive director of the Development Office, the Development Office shall engage the services of a competent consulting firm or firms to analyze the data made available by the applicant and to collect and analyze additional information necessary to determine that, in the independent judgment of the consultant, the project:
  
(1) Likely will attract at least twenty-five percent of its visitors from outside of this state;
  
(2) Will have approved costs in excess of one million dollars;
  
(3) Will have a significant and positive economic impact on the state considering, among other factors, the extent to which the project will compete directly with or complement existing tourism attractions in the state and the amount by which increased tax revenues from the project will exceed the credit given to the approved company;
  
(4) Will produce sufficient revenues and public demand to be operating and open to the public for a minimum of one hundred days per year; and
  
(5) Will provide additional employment opportunities in the state.
  
(e) The applicant shall pay to the Development Office, prior to the engagement of the services of a competent consulting firm or firms pursuant to the provisions of subsection (d) of this section, for the cost of the consulting report or reports and shall cooperate with the consulting firm or firms to provide all of the data that the consultant considers necessary or convenient to make its determination under subsection (d) of this section.
  
(f) The executive director of the Development Office, within sixty days following receipt of the consultants final, written report or reports, shall review, in light of the consultants report or reports, the reasonableness of the projects budget and timetable for completion and, in addition to the criteria for final approval set forth in subsection (d) of this section, the following criteria:
  
(c) On and after the effective date of this section as amended in 2014, the executive director of the Development Office, within sixty days following receipt of an application or receipt of any additional information requested by the Development Office respecting the application, whichever is later, shall act to grant or not to grant approval of the application, based on the following criteria:
__(1) The project will attract at least twenty-five percent of its visitors from outside of this state;
__(2) The project will have approved costs in excess of $1,000,000;
__(3) The project will have a significant and positive economic impact on the state considering, among other factors, the extent to which the project will compete directly with or complement existing tourism attractions in the state and the amount by which increased tax revenues from the project will exceed the credit given to the approved company;
__(4) The project will produce sufficient revenues and public demand to be operating and open to the public for a minimum of one hundred days per year;
__(5) The project will provide additional employment opportunities in the state;
__
(1) (6) The quality of the proposed project and how it addresses economic problems in the area in which the project will be located;
  (2) (7) Whether there is substantial and credible evidence that the project is likely to be started and completed in a timely fashion;
  (3) (8) Whether the project will, directly or indirectly, improve the opportunities in the area where the project will be located for the successful establishment or expansion of other industrial or commercial businesses;
  (4) (9) Whether the project will, directly or indirectly, assist in the creation of additional employment opportunities in the area where the project will be located;
  (5) (10) Whether the project helps to diversify the local economy;
  (6) (11) Whether the project is consistent with the goals of this article;
  (7) (12) Whether the project is economically and fiscally sound using recognized business standards of finance and accounting; and
  (8) (13) The ability of the eligible company to carry out the project.
  (g) (d) The Development Office may establish other criteria for consideration when approving the applications.
  (h) (e) The executive director of the Development Office may give its final approval to the applicants application for a project and may grant to the applicant the status of an approved company. The executive director of the Development Office shall act to approve or not approve any application within sixty days following the receipt of the consultants final, written report or reports or the receipt of any additional information requested by the Development Office, whichever is later. The decision by the executive director of the Development Office is final.
  (f)This section as amended and reenacted in 2014 shall apply to applications under review by the director of the development office prior to the effective date of this section as well as to applications filed on and after the effective date of this section as amended and reenacted in 2014.
§5B-2E-7. Amount of credit allowed for tourism development project; approved projects.
  (a) Approved companies are allowed a credit against the West Virginia consumers sales and service tax imposed by article fifteen, chapter eleven of this code and collected by the approved company on sales generated by or arising from the operations of the tourism development project: Provided, That if the consumers sales and service tax collected by the approved company is not solely attributable to sales resulting from the operation of the new tourism development project, the credit shall only be applied against that portion of the consumers sales and service tax collected in excess of the base tax revenue amount. The amount of this credit is determined and applied as provided in this article.
  (b) The maximum amount of credit allowable in this article is equal to twenty-five percent of the approved companys approved costs as provided in the agreement: Provided, That, if the tourism development project site is located within the permit area or an adjacent area of a surface mining operation, as these terms are defined in section three, article three, chapter twenty-two of this code, from which all coal has been or will be extracted prior to the commencement of the tourism development project, or the tourism development project site is located on or adjacent to recreational property owned or leased by the state or federal government and when the project is located on property owned or leased by the state or federal government, the project has received prior approval from the appropriate state or federal agency, the maximum amount of credit allowable is equal to thirty-five percent of the approved companys approved costs as provided in the agreement.
  (c) The amount of credit allowable must be taken over a ten-year period, at the rate of one tenth of the amount thereof per taxable year, beginning with the taxable year in which the project is opened to the public, unless the approved company elects to delay the beginning of the ten-year period until the next succeeding taxable year. This election shall be made in the first consumers sales and service tax return filed by the approved company following the date the project is opened to the public. Once made, the election cannot be revoked.
  (d) The amount determined under subsection (b) of this section is allowed as a credit against the consumers sales and service tax collected by the approved company on sales from the operation of the tourism development project. The amount determined under said subsection may be used as a credit against taxes required to be remitted on the approved companys monthly consumers sales and service tax returns that are filed pursuant to section sixteen, article fifteen, chapter eleven of this code. The approved company shall claim the credit by reducing the amount of consumers sales and service tax required to be remitted with its monthly consumers sales and service tax returns by the amount of its aggregate annual credit allowance until such time as the full current year annual credit allowance has been claimed. Once the total credit claimed for the tax year equals the approved companys aggregate annual credit allowance no further reductions to its monthly consumers sales and service tax returns will be permitted.
  (e) If any credit remains after application of subsection (d) of this section, the amount of credit is carried forward to each ensuing tax year until used or until the expiration of the third taxable year subsequent to the end of the initial ten-year credit application period. If any unused credit remains after the thirteenth year, that amount is forfeited. No carryback to a prior taxable year is allowed for the amount of any unused portion of any annual credit allowance.
§5B-2E-7a. Amount of credit allowed for tourism development expansion project; approved projects.
  (a) Approved companies are allowed a credit against the West Virginia consumers sales and service tax imposed by article fifteen, chapter eleven of this code and collected by the approved company on sales generated by or arising from the operations of the tourism development expansion project: Provided, That the tourism development expansion project tax credit allowed under this section is separate and distinct from any credit allowed for a tourism development project in accordance with the provisions of section seven of this article: Provided, however, That if the consumers sales and service tax collected by the approved company is not solely attributable to sales resulting from the operation of the tourism development expansion project, the credit shall only be applied against that portion of the consumers sales and service tax collected in excess of the base tax revenue amount. The amount of this credit is determined and applied as provided in this article.
  (b) The maximum amount of credit allowable in this article is equal to twenty-five percent of the approved companys approved costs as provided in the agreement: Provided, That, if the tourism development expansion project site is located within the permit area or an adjacent area of a surface mining operation, as these terms are defined in section three, article three, chapter twenty-two of this code, from which all coal has been or will be extracted prior to the commencement of the tourism development project, or the tourism development project site is located on or adjacent to recreational property owned or leased by the state or federal government and when the project is located on property owned or leased by the state or federal government, the project has received prior approval from the appropriate state or federal agency, the maximum amount of credit allowable is equal to thirty-five percent of the approved companys approved costs as provided in the agreement.
  (c) The amount of credit allowable must be taken over a ten-year period, at the rate of one tenth of the amount thereof per taxable year, beginning with the taxable year in which the project is opened to the public, unless the approved company elects to delay the beginning of the ten-year period until the next succeeding taxable year. This election shall be made in the first consumers sales and service tax return filed by the approved company following the date the project is opened to the public. Once made, the election cannot be revoked.
  (d) The amount determined under subsection (b) of this section is allowed as a credit against the consumers sales and service tax collected by the approved company on sales from the operation of the tourism development expansion project. The amount determined under said subsection may be used as a credit against taxes required to be remitted on the approved companys monthly consumers sales and service tax returns that are filed pursuant to section sixteen, article fifteen, chapter eleven of this code. The approved company shall claim the credit by reducing the amount of consumers sales and service tax required to be remitted with its monthly consumers sales and service tax returns by the amount of its aggregate annual credit allowance until such time as the full current year annual credit allowance has been claimed. Once the total credit claimed for the tax year equals the approved companys aggregate annual credit allowance no further reductions to its monthly consumers sales and service tax returns will be permitted.
  (e) If any credit remains after application of subsection (d) of this section, the amount of credit is carried forward to each ensuing tax year until used or until the expiration of the third taxable year subsequent to the end of the initial ten-year credit application period. If any unused credit remains after the thirteenth year, that amount is forfeited. No carryback to a prior taxable year is allowed for the amount of any unused portion of any annual credit allowance.
  (f) The total amount of tourism development expansion project tax credits for all approved companies pursuant to this section may not exceed one million five hundred thousand dollars each calendar year.          
§5B-2E-7b. Credit against taxes.
  (a) General. - When a qualified professional services destination facility is located at or adjacent to an existing historic resort hotel with at least five hundred rooms and the qualified professional services destination facility eligible for credit under this section is primarily engaged in furnishing services that are not subject to the tax imposed by article fifteen, chapter eleven of this code, then in lieu of the credits that otherwise would be allowable under section seven or seven-a of this article, the eligible company that complies with the requirements of this section may claim the credit provided in this section: Provided, That the maximum amount of credit allowable under this section is equal to twenty-five percent of the eligible companys qualified investment, as defined in this section.
  (b) Definitions. - The following words and phrases when used in this section have the meanings given to them in this subsection unless the context in which used clearly indicates that a different meaning was intended by the Legislature.
  (1) Agreement means an agreement entered into under subsection (g) of this section.
  (2) Compensation means wages, salaries, commissions and any other form of remuneration paid to employees for personal services.
  (3) Cost-of-living adjustment for any calendar year is the percentage, if any, by which the consumer price index for the preceding calendar year exceeds the consumer price index for the calendar year 2015.
  (4) Consumer price index for any calendar year means the average of the federal consumer price index as of the close of the twelve-month period ending on August 31 of that calendar year.
  (5) Eligible company for purposes of this section means any corporation, limited liability company, partnership, limited liability partnership, sole proprietorship, business trust, joint venture or any other entity operating a qualified professional services destination facility, whether owned or leased, within the state that: (A) creates at least one hundred twenty-five new jobs in this state within thirty-six months after the date the qualified investment is placed into service or use, and maintains those jobs for the entire ten year life of the tax credit specified in this section, (B) makes available to its full-time employees health insurance coverage and pays at least fifty percent of the premium for the health insurance, (C) generates, within thirty-six months after the date the qualified investment is placed into service or use, not less than $10 million of gross receipts upon which the taxes imposed under article twenty-seven, chapter eleven of this code are paid, and (D) meets the standards, limitations and requirements of this section and of the development office. An eligible company may operate or intend to operate directly or indirectly through a lessee or a contract operator.
  (6) Federal consumer price index means the most recent consumer price index as of August 31 each year for all urban consumers published by the United States Department of Labor.
  (7) Health insurance benefits means employer-provided coverage for medical expenses of the employee or the employee and his or her family under a group accident or health plan, or employer contributions to an Archer medical savings account, as defined in Section 220 of the Internal Revenue Code of 1986, as amended, or to a health savings account, as defined in Section 223 of the Internal Revenue Code, of the employee when the employers contribution to any such account is not less than fifty percent of the maximum amount permitted for the year as employer-provided coverage under Section 220 or 223 of the Internal Revenue Code, whichever section is applicable.
  (8) Historic resort hotel means a resort hotel registered with the United States Department of the Interior on the effective date of this amendment as a national historic landmark in its National Registry of Historic Places having not fewer than five hundred guest rooms.
  (9) New employee means a person residing and domiciled in this state hired by the taxpayer to fill a position or a job in this state which previously did not exist in the taxpayers business enterprise in this state prior to the date the application was filed under subsection (c) of this section. In no event may the number of new employees exceed the total net increase in the employers employment in this state: Provided, That the Tax Commissioner may require that the net increase in the taxpayers employment in this state be determined and certified for the taxpayers controlled group as defined in article twenty-four of this chapter. In addition, a person is a new employee only if the persons duties are on a regular, full-time and permanent basis:
  (A) Full-time employment means employment for at least eighty hours per month at a wage not less than the amount specified in subdivision (1), subsection (d) of this section; and
  (B) Permanent employment does not include employment that is temporary or seasonal and therefore the wages, salaries and other compensation paid to the temporary or seasonal employees will not be considered for purposes of this section even if the compensation paid to the temporary or seasonal employee equals or exceeds the amount specified in paragraph (A) of this subdivision.
  (10) New job means a job which did not exist in the business of the taxpayer in this state prior to filing the application for benefits under this section, and which is filled by a new employee.
  (11) Professional services means only those services provided directly by: a physician licensed to practice in this state, a surgeon licensed to practice in this State, a dentist licensed to practice in this State, a podiatrist licensed to practice in this State, an osteopathic physician licensed to practice in this State, a psychologist licensed to practice in this State, an optometrist licensed to practice in this State, a registered nurse licensed to practice in this State, a physician assistant licensed to practice in this State, a licensed practical nurse licensed to practice in this State, a dental hygienist licensed to practice in this State, a social worker licensed to practice in this State, or any other health care professional licensed to practice in this State;
  (12) Qualified investment means one-hundred percent of the cost of property purchased or leased for the construction and equipping of a qualified professional services destination facility which is placed in service or use in this State by an eligible company.
  (A) The cost of property purchased for a qualified professional services destination facility is determined under the following rules:
  (i) Cost does not include the value of property given in trade or exchange for the property purchased for business expansion.
  (ii) If property is damaged or destroyed by fire, flood, storm or other casualty, or is stolen, then the cost of replacement property does not include any insurance proceeds received in compensation for the loss.
  (iii) The cost of real property acquired by written lease for a primary term of ten years or longer is one hundred percent of the rent reserved for the primary term of the lease, not to exceed ten years.
  (iv) The cost of tangible personal property acquired by written lease for a primary term of not less than four years.
  (v) In the case of self-constructed property, the cost thereof is the amount properly charged to the capital account for depreciation in accordance with federal income tax law.
  (vi) The cost of property used by the taxpayer out-of-state and then brought into this state, is determined based on the remaining useful life of the property at the time it is placed in service or use in this state, and the cost is the original cost of the property to the taxpayer less straight line depreciation allowable for the tax years or portions thereof the taxpayer used the property outside this State. In the case of leased tangible personal property, cost is based on the period remaining in the primary term of the lease after the property is brought into this State for use in a new or expanded business facility of the taxpayer, and is the rent reserved for the remaining period of the primary term of the lease, not to exceed ten years, or the remaining useful life of the property, determined as aforesaid, whichever is less.
  (c) Credit against taxes. - The credit allowed by this section shall be equal to twenty-five percent of the eligible companys qualified investment in the qualified professional services destination facility and shall be taken and applied as provided in this subsection (c). Notwithstanding any other provision of this article to the contrary, no taxpayer or group of taxpayers may gain entitlement to more than $37.5 million total aggregate tax credit under this section and no taxpayer, or group of taxpayers, in the aggregate may apply more than $2.5 million of annual credit in any tax year under this section, either in the form of a refund or directly against a tax liability or in any combination thereof. This limitation applies to initial tax credit attributable to qualified investment in a qualified professional services destination facility, and to qualified investment in a follow-up project expansion, so that credit attributable additively and in the aggregate to both may not be applied to exceed $2.5 million annual credit in any tax year.
  (1) Application of credit. - The amount of credit allowable under this subsection shall be taken over a ten-year period, at the rate of one tenth of the amount thereof per taxable year, beginning with the taxable year in which the eligible company places the qualified professional services destination facility, or part thereof, in service or use in this state, unless the eligible company elected to delay the beginning of the ten-year period until the next succeeding taxable year. This election shall be made in the annual income tax return filed under chapter eleven of this code for the taxable year in which the qualified professional services destination facility is first placed into service or use by the taxpayer. Once made, the election may not be revoked. The annual credit allowance is taken in the manner prescribed in subdivision (3) of this subsection (c): Provided, That if any credit remains after the initial ten year credit application period, the amount of remaining credit is carried forward to each ensuing tax year until used or until the expiration of the fifth taxable year subsequent to the end of the initial ten year credit application period. If any unused credit remains after expiration of the fifth taxable year subsequent to the end of the initial ten year credit application period, the amount thereof is forfeited. No carryback to a prior taxable year is allowed for the amount of any unused portion of any annual credit allowance.
          (2) Placed in service or use. - For purposes of the credit allowed by this subsection (c), qualified investment or qualified investment property is considered placed in service or use in the earlier of the following taxable years:
          (A) The taxable year in which, under the eligible companys depreciation practice, the period for depreciation with respect to the property begins; or
          (B) The taxable year in which the property is placed in a condition or state of readiness and availability for a specifically assigned function.
          (3) Application of annual credit allowance.
          (A) In general. - The aggregate annual credit allowance for the current taxable year is an amount equal to the one-tenth part allowed under subdivision (1) of this subsection for qualified investment placed into service or use.
          (B) Application of current year annual credit allowance. - The amount determined under this subsection (c) is allowed as a credit against one hundred percent of the eligible companys state tax liabilities applied as provided in paragraphs (C) and (D) of this subdivision (3), and in that order:
          (C) Corporation net income taxes. - The amount of allowable tax credit for the year determined under paragraph (A) of this subdivision (3) shall first be applied to reduce the taxes imposed by article twenty-four, chapter eleven of this code, for the taxable year determined before application of allowable credits against tax.
          (D) Personal income taxes. -
          (i) If the eligible company is an electing small business corporation, as defined in section 1361 of the United States Internal Revenue Code of 1986, as amended, a partnership, a limited liability company that is treated as a partnership for federal income tax purposes or a sole proprietorship, then any unused credit after application of paragraph (C) of this subdivision (3) is allowed as a credit against the taxes imposed by article twenty-one, chapter eleven of this code on the members, owners, partners or interest holders in the eligible company.
          (ii) Electing small business corporations, limited liability companies, partnerships and other unincorporated organizations shall allocate the credit allowed by this article among their members in the same manner as profits and losses are allocated for the taxable year.
          (E) No credit is allowed under this subdivision (3) against any employer withholding taxes imposed by article twenty-one, chapter eleven of this code.
          (F) The tax credits allowed under articles thirteen-j, thirteen-q, thirteen-s, thirteen-r, thirteen- w, and thirteen-aa of this code may not be applied to offset any tax against which the tax credit allowed under this article is allowed or authorized. No person, entity, company, or eligible company authorized or entitled to any tax credit allowed under this section or any member of the unitary group or any member of the controlled group of which the taxpayer is a member, may gain entitlement to any other economic development tax credit or economic development tax incentive which relates to the investment or activity upon which the credit authorized under this section is based.
          (G) (i) In order to effectuate the purposes of this subdivision (3), the Tax Commissioner may propose for promulgation rules, including emergency rules, in accordance with article three, chapter twenty-nine-a of this code.
          (ii) The Tax Commissioner may apply any amount of the tax credit otherwise available to a Taxpayer under this article, to pay any delinquent West Virginia state tax liability of the taxpayer, and interest and penalties as applicable.
          (iii) Any amount of the tax credit otherwise available to a taxpayer under this article may be applied by the applicable administering agency to pay any outstanding obligation to a Workers Compensation Fund, as defined in article two-c of chapter twenty-three of this code, or any outstanding obligation under the West Virginia Unemployment Compensation Act.
          (iv) Any amount of the tax credit otherwise available to a taxpayer under this article, may be applied by the applicable administering agency to pay any delinquent or unpaid assessment, fee, fine, civil penalty or monetary imposition imposed by the West Virginia Division of Environmental Protection or the United States Environmental Protection Agency, or any agency charged with enforcing federal, state or local environmental or hazardous waste regulations.
          (H) Unused credit, refundable credit. - If any annual credit remains after application of preceding paragraphs of this subdivision (3), the amount thereof shall be refunded annually to the eligible company, and distributed in accordance with the credit distribution specified in this subdivision (3): Provided, That the amount thereof may not exceed the limitation on annual tax credit or the limitation on total aggregate tax credit specified in this section.
          (I) Forfeiture of credit. - If any credit remains after expiration of the fifth taxable year subsequent to the end of the initial ten year credit application period, such credit is forfeited, and may not be used to offset any West Virginia tax liability.
          (d) Compensation of employees filling new jobs.
          (1) The new jobs and new employee criteria which count toward qualification of a taxpayer as an eligible company for purposes of the tax credit allowed by this section shall be subject to the following limitations and requirements. A job counts toward qualification of a taxpayer as an eligible company if the job is a new job, as defined in this section, held by a new employee, as defined in this section, and the new job:
          (A) Pays a median wage of at least $37,000 annually. Beginning January 1, 2015, and on January 1 of each year thereafter, the Tax Commissioner shall prescribe an amount that shall apply in lieu of the $37,000 amount for new jobs filled during that calendar year. This amount is prescribed by increasing the $37,000 figure by the cost-of-living adjustment for that calendar year. If any increase under this subdivision is not a multiple of $50, the increase shall be rounded to the next lowest multiple of $50;
          (B) Provides health insurance. The employer may, in addition, offer benefits including child care, retirement and other benefits; and
          (C) Is a full-time, permanent position, as those terms are defined in this section.
          (D) Jobs that pay less than the statewide average nonfarm payroll wage, as determined annually by the West Virginia Bureau of Employment Programs, or that pay that salary, but do not also provide health benefits in addition to the salary, do not count toward qualification of a taxpayer as an eligible company under this section. Jobs that are less than full-time, permanent positions do not count toward qualification of a taxpayer as an eligible company under this section.
          (E) The employer having obtained qualification as an eligible company under this section for the year in which the new job is filled is not required to raise wages of the employees currently employed in the new jobs upon which the initial qualification as an eligible company under this section was based by reason of the cost-of-living adjustment for new jobs filled in subsequent years provided the employer continues to provide healthcare.
          (e) Application and review.
          (1) Application. - An eligible company that meets the requirements of this section may apply to the Development Office for entitlement to the tax credit authorized under this section. The application shall be on a form prescribed by the Development Office and shall include all of the following:
          (A) The name and address of the applicant;
          (B) Documentation that the applicant is as eligible company;
          (C) Documentation that the applicant meets the requirements of this section;
          (D) Documentation that the applicant does not owe any delinquent taxes or any other amounts to the federal government, this state or any political subdivision of this state;
          (E) An affidavit that the applicant has not filed for or publicly announced its intention to file for bankruptcy protection and that the company will not seek bankruptcy protection within the next six calendar months following the date of the application;
          (F) A waiver of confidentiality under section five-d, article ten, chapter eleven of this code for information provided in the application; and
          (G) Any other information required by the Development Office.
          (f) Credit allowable.
          (1) Certified multiple year projects.
          (A) In general. - A multiple year qualified professional services destination facility project certified by the West Virginia Development Office is eligible for the credit allowable by this article. A project eligible for certification under this section is one where the qualified investment under this article creates at least the required minimum number of new jobs but the qualified investment is placed in service or use over a period of up to three successive tax years: Provided, That the qualified investment is made pursuant to a written business facility development plan of the taxpayer providing for an integrated project for investment at one or more new or expanded business facilities, a copy of which must be attached to the taxpayers application for project certification and approved by the West Virginia Development Office, and the qualified investment placed in service or use during the first tax year would not have been made without the expectation of making the qualified investment placed in service or use during the next two succeeding tax years.
          (B) Application for certification. - The application for certification of a project under this section shall be filed with and approved by the West Virginia Development Office prior to any credit being claimed or allowed for the projects qualified investment and new jobs created as a direct result of the qualified investment. This application shall be approved in writing and contain the information as the West Virginia Development Office may require to determine whether the project should be certified as eligible for credit under this article.
          (C) Review. - Within thirty days of receipt of a complete application, the Development Office, in conjunction with the Tax Division of the Department of Revenue, shall review the application and determine if the applicant is an eligible company and that the requirements of this section have been met. Applications not approved within the thirty days specified in this subdivision are hereby deemed denied.
          (D) Approval. - The Development Office may approve or deny the application. Upon approval of an application, the Development Office shall notify the applicant in writing and enter into an agreement with the eligible company for benefits under this section.
          (2) Certified follow-up project expansions.
          (A) An eligible company that intends to undertake a follow-up project expansion, may apply to the West Virginia Development Office for certification of a single, one-time, follow-up project expansion, and entitlement to an additional tax credit under this section in an amount which is the lesser of twenty-five percent of qualified investment in the follow-up project expansion or $12.5 million. No taxpayer, or group of taxpayers, in the aggregate may apply more than $2.5 million of annual credit in any tax year under this section, either in the form of a refund or directly against a tax liability or in any combination thereof. This limitation applies to initial tax credit attributable to qualified investment in a qualified professional services destination facility, and to qualified investment in a follow-up project expansion, so that credit attributable additively and in the aggregate to both may not be applied to exceed $2.5 million annual credit in any tax year.
          (B) The requirements, limitations and qualifications applicable to qualified professional services destination facility projects under this section apply to follow-up project expansions, except for those requirements, limitations and qualifications expressly specified in this subdivision (2).
          (C) Requirements for certification of a follow-up project expansion are as follows:
          (i) The eligible company, pursuant to certification and authorization for entitlement to tax credit under subsection (1) of this section (f), has placed qualified investment of not less than $80 million into service in a qualified professional services destination facility within an initial period of not more than three tax years;
          (ii) The eligible company intends to place additional qualified investment in service or use in the previously certified qualified professional services destination facility project, or an expansion or extension thereof. In no case shall a follow-up project expansion be certified if the follow-up project expansion property is not contiguous to, or within not more than one mile of, the initial qualified professional services destination facility;
          (iii) The eligible company proposes to place the qualified investment in the follow-up project expansion in service or use in the fourth tax year subsequent to the tax year in which qualified investment was first placed into service or use in the initial qualified professional services destination facility project, or under a multiple year project certification, in the fourth, fifth and sixth tax year subsequent to the tax year in which qualified investment was first placed into service or use in the initial qualified professional services destination facility project;
          (iv) The follow-up project expansion must create and maintain at least twenty-five net new jobs held by new employees, in addition to the new jobs created by the initial qualified professional services destination facility project. The loss of any West Virginia job at the eligible company will be subtracted from the count of new jobs attributable to the follow-up project expansion;
          (v) The West Virginia Development Office shall not issue more than one certification for any follow-up project expansion; and
          (vi) The West Virginia Development Office shall not issue certification of a follow-up project expansion unless the applicant provides convincing evidence to show that the follow-up project expansion will result in jobs creation specified in this subdivision, that such jobs will remain and be maintained in West Virginia for at least ten years subsequent to the placement of qualified investment into service or use in the follow-up project expansion, that the follow-up project expansion will not operate to the detriment of other West Virginia businesses or to the detriment of the economy, public welfare or moral character of West Virginia or its people.
          (g) Agreement.
          (1) The agreement between the eligible company and the Development Office shall be entered into before any benefits may be provided under this section.
          (2) The agreement shall do all of the following:
          (A) Specify the terms and conditions the eligible company must comply with in order to receive benefits under this section, other than those terms, limitations and conditions specified and mandated by statute or regulation; and
          (B) Require the Development Office to certify all of the following to the Tax Division of the Department of Revenue each taxable year an agreement under this section is in effect:
          (i) That the eligible company is eligible to receive benefits under this section;
          (ii) The number of new jobs created by the company during each taxable year;
          (iii) The amount of gross wages, as determined for purposes of Form W2, as filed with the Internal Revenue Service, being paid to each individual employed in a new job;
          (iv) The amount of an eligible companys qualified investment;
          (v) The maximum amount of credit allowable to the eligible company under this section; and
          (vi) Any other information deemed necessary by the Development Office.
          (h) Filing and contents.
          (1) Filing. - On or before the due date of the income tax return for each tax year in which the agreement is in effect, an eligible company shall file with the Tax Division of the Department of Revenue a form prescribed by the Tax Commissioner.
          (2) Contents. - The form specified under subdivision (1) of this subsection (h) shall request the following information:
          (A) The name and Employer Identification Number of the eligible company;
          (B) The effective date of the agreement;
          (C) The reporting period end date;
          (D) Information relating to each individual employed in a new job as required by the Tax Commissioner;
          (E) Aggregate gross receipts for the tax period and gross receipts on which tax has been paid under article twenty-seven, chapter eleven of this code for the tax period; and
          (F) Any other information required by the Tax Commissioner.
          (3) Taking of credit. - The taxpayer, participant or participants claiming the credit for qualified investments in a certified project shall annually file with their income tax returns filed under chapter eleven of this code:
          (A) Certification that the taxpayers or participants qualified investment property continues to be used in the project and if disposed of during the tax year, was not disposed of prior to expiration of its useful life;
          (B) Certification that the new jobs created by the projects qualified investment continue to exist and are filled by persons who are residents of this state; and
          (C) Any other information the tax commissioner requires to determine continuing eligibility to claim the annual credit allowance for the projects qualified investment.
          (4) Confidentiality. - The contents of the completed form shall be subject to the confidentiality rules set forth in section five-d, article ten, chapter eleven of this code: Provided, That notwithstanding the provisions of section five-d, article ten, chapter eleven of this code, or any other provision of this code, tax returns, tax return information and such other information as may be necessary to administer the tax credits and programs authorized and specified by this article and in this section may be exchanged between the Tax Commissioner and the West Virginia Development Office without restriction.
§5B-2E-8. Forfeiture of unused tax credits; credit recapture; recapture tax imposed; information required to be submitted annually to development office; transfer of tax credits to successors.
          (a) The approved company or eligible company shall forfeit the tourism development project tax credit allowed by section seven of this article, or the tourism development expansion tax credit allowed by section seven-a of this article, or the tax credit allowed by section seven-b of this article, as applicable, with respect to any calendar year and shall pay the recapture tax imposed by subsection (b) of this section, if:
          (1) In any year following the first calendar year the project is open to the public, the project fails to attract at least twenty-five percent of its visitors from among persons who are not residents of the state;
          (2) In any year following the first year the project is open to the public, the project is not operating and open to the public for at least one hundred days; or
          (3) The approved company or eligible company, as of the beginning of each calendar year, has an outstanding obligation to a Workers Compensation Fund, as defined in article two-c of chapter twenty-three of this code, an outstanding obligation under the West Virginia Unemployment Compensation Act, or an outstanding obligation under the West Virginia state tax and revenue laws; or
__________
(4) Any company, approved company or eligible company, to which entitlement to the tax credit authorized under section seven-b of this article has been previously established, fails to meet the requirements specified in section seven-b for an eligible company and for a qualified professional services destination facility, including, but not limited to, jobs maintenance, employee wage and employee health benefits, aggregate gross receipts, and gross receipts subject to the tax imposed under article twenty-seven, chapter eleven of this code.
__________(5) Any company, approved company or eligible company, to which entitlement to the tax credit authorized under section seven-b of this article has been previously established:
__________(A) Is delinquent in payment of any assessment, fee, fine, civil penalty or monetary imposition imposed by the West Virginia Division of Environmental Protection or the United States Environmental Protection Agency, or any agency charged with enforcing federal, state or local environmental or hazardous waste regulations,
__________(B) Is delinquent in compliance with any order, injunction, compliance agreement, agreed order, court order, mandamus or other enforcement or compliance instrumentality of the West Virginia Division of Environmental Protection or United States Environmental Protection Agency or any agency charged with enforcing federal, state or local environmental or hazardous waste regulations.
__________(C) Is out of compliance or not compliant with any citation or order issued by the
West Virginia Division of Environmental Protection or the United States Environmental Protection Agency , or any agency charged with enforcing federal, state or local environmental or hazardous waste regulations, requiring that a condition be abated or corrected.
          (b) In addition to the loss of credit allowed under this article for the calendar year, a credit recapture tax is hereby imposed on any approved company or successor eligible company that forfeits the tourism development project tax credit or the tourism development expansion project credit or the credit authorized under section seven-b of this article, under the provisions of subsection (a) of this section. The credit recapture tax shall apply and the approved company, and successor eligible companies, shall return to the state and any other person or entity that has received the tax credit allowed under this article shall be liable for an amount of recapture tax equal to all previously claimed tourism development project tax credit or tourism development expansion project credit, or the tax credits authorized under section seven-b of this article, and allowed by this article. An amended return shall be filed with the State Tax Commissioner, as applicable, plus interest and penalties applicable in accordance with the Tax Procedure and Administration Act. The recapture tax shall be calculated and paid pursuant to the filing, with the tax commissioner of an amended return, and such other forms, schedules and documents as the Tax Commissioner may require, for the prior calendar year, or calendar years, for which credit recapture is required, along with interest, as provided in section seventeen, article ten, chapter eleven of this code: Provided, That the approved company and successor eligible companies, eligible company, person or entity who previously claimed the tourism development project tax credit, or the tourism development expansion project credit, or the tax credits allowed by section seven-b of this article, as applicable, under this article and successor eligible companies, persons or entities are jointly and severally liable for payment of any recapture tax subsequently imposed under this section. For purposes of this recapture tax, the statute of limitations otherwise applicable under the Tax Procedure and Administration Act shall not begin to run until the eighteenth year subsequent to the earlier of: the year when qualified investment is first placed into service or use, or the year when the application for the tax credit authorized under this article was filed with the West Virginia Development Office.
          (c) Within forty-five days after the end of each calendar year during the term of the agreement, the approved company shall supply the development office with all reports and certifications the development office requires demonstrating to the satisfaction of the development office that the approved company is in compliance with applicable provisions of law. Based upon a review of these materials and other documents that are available, the development office shall then certify to the Tax Commissioner that the approved company is in compliance with this section.
          (d) The tax credit allowed in this article is transferable, subject to the written consent of the development office, to an eligible successor company that continues to operate the approved project.
§5B-2E-11. Termination.
          The Development Office may not accept any new project application after December 31, 2013 2019, and all applications submitted prior to January 1, 2013 2020, that have not been previously approved or not approved, shall be deemed not approved and shall be null and void as of January 1,2013 2020."
          And,
          By amending the title of the bill to read as follows:
          Com. Sub. for H. B. 4184 - "A Bill to amend and reenact §5B-2E-3, §5B-2E-4, §5B-2E-5, §5B-2E-7, §5B-2E-7a, §5B-2E-8 and §5B-2E-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5B-2E-7b, all relating generally to the West Virginia Tourism Development Act; providing, modifying or eliminating certain definitions; removing requirement for engagement of a consulting firm to review proposed projects; imposing application filing fee; providing additional criteria for evaluation of applications; eliminating limitation on total amount of tourism development expansion project tax credits for all approved companies each calendar year; providing increased tax credit amounts for projects located on or adjacent to state and federal recreational property; establishing tax credit for qualified professional services destination facilities under certain circumstances; specifying benefits upon application and review; providing certain limitations on benefits; authorizing rulemaking by the Tax Commissioner; providing for recapture; extending the deadline for project applications; and making technical corrections."
          On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
          The bill, as amended by the Senate, was then put upon its passage.
          On the passage of the bill, the yeas and nays were taken (Roll No. 462), and there were--yeas 85, nays 13, absent and not voting 2, with the nays and absent and not voting being as follows:
          Nays: Armstead, Border, Cadle, Cowles, Faircloth, Folk, Gearheart, Householder, Howell, Kump, Overington, R. Smith and Sobonya.
          Absent and Not Voting: J. Nelson and Raines.
         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. 4184) 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. 4204, Relating to the nonrenewal or cancellation of property insurance coverage policies in force for at least four years.
          On motion of Delegate White, the bill was taken up for immediate consideration.
          The following Senate amendment was reported by the Clerk:
          On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 17A. PROPERTY INSURANCE DECLINATION, TERMINATION AND DISCLOSURE.
§33-17A-4. Notification and reasons for a transfer, declination or termination.
                                            (a) Upon declining to insure any real or personal property, subject to this article, the insurer making a declination shall provide the insurance applicant with a written explanation of the specific reason or reasons for the declination at the time of the declination. The provision of such insurance application form by an insurer shall create no right to coverage on the behalf of the insured to which the insured is not otherwise entitled.
                                            (b) A notice of cancellation of property insurance coverage by an insurer shall be in writing, shall be delivered to the named insured or sent by first class mail to the named insured at the last known address of the named insured, shall state the effective date of the cancellation and shall be accompanied by a written explanation of the specific reason or reasons for the cancellation.
                                            (c) At least thirty days before the end of a policy period, as described in subsection (c), section three of this article, an insurer shall deliver or send by first class mail to the named insured at the last known address of the named insured, notice of its intention regarding the renewal of the property insurance policy. Notice of an intention not to renew a property insurance policy shall be accompanied by an explanation of the specific reasons for the nonrenewal: Provided, That no insurer shall fail to renew an outstanding property insurance policy which has been in existence for four years or longer except for the reasons as set forth in section five of this article; or for other valid underwriting reasons which involve a substantial increase in the risk. Provided further, That notwithstanding any other provision of this article, no property insurance coverage policy in force for at least four years, may be denied renewal or canceled solely as a result of:
____________________________________________(1) A single first party property damage claim within the previous thirty-six months and that arose from wind, hail, lightning, wildfire, snow or ice, unless the insurer has evidence that the insured unreasonably failed to maintain the property and that failure to maintain the property contributed to the loss, or
____________________________________________(2) Two first party property damage claims within the previous twelve months, both of which arose from claims solely due to an event for which a state of emergency is declared for the county in which the insured property is located, unless the insurer has evidence that the insured unreasonably failed to maintain the property and that failure to maintain the property contributed to the loss. State of emergency means the situation existing after the occurrence of a disaster in which a state of emergency has been declared by the Governor or by the Legislature pursuant to the provisions of section six, article five, chapter fifteen of this code or in which a major disaster declaration or emergency declaration has been issued by the President of the United States pursuant to the provisions of 42 U. S. C. §5122.
"
                                            On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
                                            The bill, as amended by the Senate, was then put upon its passage.
                                            On the passage of the bill, the yeas and nays were taken (Roll No. 463), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
                                            Absent and Not Voting: J. Nelson and Raines.
                                           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. 4204) 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. 4210, Juvenile sentencing reform.
                                            On motion of Delegate White, the bill was taken up for immediate consideration.
                                            The following Senate amendment was reported by the Clerk:
                                            On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-23 Punishment for juvenile convicted as an adult; eligibility for parole; factors to be considered prior to sentencing.

    (a) Notwithstanding any other provision of law to the contrary, a sentence of life imprisonment without the possibility of parole may not be imposed on a person who:
    (1) Is convicted of an offense punishable by life imprisonment; and
    (2) Was less than eighteen years of age at the time the offense was committed.
    (b) Unless otherwise provided by this code, the provisions of article twelve, chapter sixty-two of this code shall govern the eligibility for parole of a person who is convicted of an offense and sentenced to confinement if he or she was less than eighteen years of age at the time the offense was committed, except that a person who is convicted of one or more offenses for which the sentence or any combination of sentences imposed is for a period that renders the person ineligible for parole until he or she has served more than fifteen years shall be eligible for parole after he or she has served fifteen years if the person was less than eighteen years of age at the time each offense was committed.
    (c) In addition to other factors required by law to be considered prior to the imposition of a sentence, in determining the appropriate sentence to be imposed on a person who has been transferred to the criminal jurisdiction of the court pursuant to section ten, article five, chapter forty-nine of this code and who has been subsequently tried and convicted of a felony offense as an adult, the court shall consider the following mitigating circumstances:
    (1) Age at the time of the offense;
    (2) Impetuosity;
    (3) Family and community environment;
    (4) Ability to appreciate the risks and consequences of the conduct;
    (5) Intellectual capacity;
    (6) The outcomes of a comprehensive mental health evaluation conducted by a mental health professional licensed to treat adolescents in the State of West Virginia: Provided, That no provision of this section may be construed to require that a comprehensive mental health evaluation be conducted;
    (7) Peer or familial pressure;
    (8) Level of participation in the offense;
    (9) Ability to participate meaningfully in his or her defense;
    (10) Capacity for rehabilitation;
    (11) School records and special education evaluations;
    (12) Trauma history;
    (13) Faith and community involvement;
    (14) Involvement in the child welfare system; and
    (15) Any other mitigating factor or circumstances.
    (d)(1) Prior to the imposition of a sentence on a person who has been transferred to the criminal jurisdiction of the court pursuant to section ten, article five, chapter forty-nine of this code and who has been subsequently tried and convicted of a felony offense as an adult, the court shall consider the outcomes of any comprehensive mental health evaluation conducted by a mental health professional licensed to treat adolescents in the State of West Virginia. The comprehensive mental health evaluation must include the following:
    (A) Family interviews;
    (B) Prenatal history;
    (C) Developmental history;
    (D) Medical history;
    (E) History of treatment for substance use;
    (F) Social history; and
    (G) A psychological evaluation.
    (2) The provisions of this subsection are only applicable to sentencing proceedings for convictions rendered after the effective date of this section and shall not constitute sufficient grounds for the reconsideration of sentences imposed as the result of convictions rendered after the effective date of this section.
CHAPTER 62. CRIMINAL PROCEDURE.

ARTICLE 12. PROBATION AND PAROLE.
§62-12-13b. Special parole considerations for persons convicted as juveniles.

    (a) When a person who is serving a sentence imposed as the result of an offense or offenses committed when he or she was less than eighteen years of age becomes eligible for parole pursuant to applicable provisions of this code, including, but not limited to, section twenty-three, article eleven, chapter sixty-one thereof, the parole board shall ensure that the procedures governing its consideration of the persons application for parole ensure that he or she is provided a meaningful opportunity to obtain release and shall adopt rules and guidelines to do so that are consistent with existing case law.
    (b) During a parole hearing involving a person described in subsection (a) of this section, in addition to other factors required by law to be considered by the parole board, the parole board shall take into consideration the diminished culpability of juveniles as compared to that of adults, the hallmark features of youth, and any subsequent growth and increased maturity of the prisoner during incarceration. The board shall also consider the following:
    (1) A review of educational and court documents;
    (2) Participation in available rehabilitative and educational programs while in prison;
    (3) Age at the time of the offense;
    (4) Immaturity at the time of the offense;
    (5) Home and community environment at the time of the offense;
    (6) Efforts made toward rehabilitation;
    (7) Evidence of remorse; and
    (8) Any other factors or circumstances the board considers relevant."
    On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
    The bill, as amended by the Senate, was then put upon its passage.
    On the passage of the bill, the yeas and nays were taken (Roll No. 464), and there were--yeas 89, nays 9, absent and not voting 2, with the nays and absent and not voting being as follows:
    Nays: Armstead, Arvon, Frich, Howell, Kump, ONeal, Sobonya, Walker and Walters.
    Absent and Not Voting: J. Nelson and Raines.
   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. 4210) 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. 4220, Relating to waiver of jury trial in claims arising from consumer transactions.
    On motion of Delegate White, the bill was taken up for immediate consideration.
    The following Senate amendments were reported by the Clerk:
    On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
    "That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §16-5C-21, to read as follows:
ARTICLE 5C. NURSING HOMES.
§16-5C-21. Jury trial waiver to be a separate document.
____(a) Every written agreement containing a waiver of a right to a trial by jury that is entered into between a nursing home and a person for the nursing care of a resident, must have as a separate and stand alone document any waiver of a right to a trial by jury.
____(b) Nothing in this section may be construed to require a court of competent jurisdiction to determine that the entire agreement or any portion thereof is enforceable, unenforceable, conscionable or unconscionable.
____(c) This section applies to all agreements entered into on or after January 1, 2015.
"
    And,
    By amending the title of the bill to read as follows:
    Com. Sub. for H. B. 4220 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5C-21, relating to requirements for agreements with nursing homes wherein a person waives their rights to trials by jury on claims arising from the nursing care of a nursing home resident; ensuring the court is not bound to find all or part of the contract enforceable, unenforceable, conscionable or unconscionable; and applying this section to all agreements entered into on or after January 1, 2015."
    On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
    The bill, as amended by the Senate, was then put upon its passage.
    On the passage of the bill, the yeas and nays were taken (Roll No. 465), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
    Absent and Not Voting: J. Nelson and Raines.
   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. 4220) 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. 4228, Repealing or removing certain portions of education-related statutes that have expired.
    On motion of Delegate White, the bill was taken up for immediate consideration.
    The following Senate amendments were reported by the Clerk:
    On page ten, section seven, line forty-two, after the word "by", by inserting the word "a".
    And,
    By amending the title of the bill to read as follows:
    Com. Sub. for H. B. 4228 - "A Bill to repeal §11-8-16a of the Code of West Virginia, 1931, as amended; to repeal §18-2-17 of said code; to repeal §18-2E-5b and §18-2E-8b of said code; to repeal §18-2G-1, §18-2G-2 and §18-2G-3 of said code; to repeal §18-5-15e and §18-5-38 of said code; to repeal §18-7-1, §18-7-2 and §18-7-3 of said code; to repeal §18-9A-6b, §18-9A-14a and §18- 9A-19 of said code; to repeal §18-9C-1, §18-9C-2, §18-9C-3, §18-9C-4, §18-9C-5, §18-9C-6, §18- 9C-7 and §18-9C-8 of said code; to repeal §18A-3-1c and §18A-3-1d of said code; to repeal §18A-4- 10b and §18A-4-14a of said code; to amend and reenact §18-2-5a and §18-2-13 of said code; to amend and reenact §18-2E-7 of said code; to amend and reenact §18-8-1a of said code; and to amend and reenact §18A-2-12 of said code, all relating to repealing or removing certain portions of education-related statutes that are no longer applicable or are expired; repealing the authorization for county boards of education with an excess levy in effect prior to Better Schools Amendment to propose an additional excess levy not exceeding one hundred percent and a period of five years; repealing an expired pilot program for the delivery of leftover foods from schools and penal institutions; repealing expired provisions for review of system of education performance audits; repealing an expired requirement for audit of state board policies; repealing the library media improvement grant program; repealing an expired requirement for study on school equity; repealing an expired provision governing county board meetings; repealing an adult literacy education program financed, in part, by a voluntary state income tax return check-off; repealing the appropriation and allocation, up to $7 million, due to the increase in local share to Teachers Retirement System; repealing the incentive for administrative efficiency in public schools and its associated funding to the county boards of education; repealing a requirement for county boards of education to request funds to which they may be entitled; repealing the Better School Buildings Amendment and associated funding to county boards of education; repealing an expired study on training, certification, licensure and retraining of teachers; repealing a study of alternative certification programs that was required to be submitted to the Legislative Oversight Commission on Education Accountability by December 31, 2013; repealing the requirement to record and distribute exemplary teaching techniques and its associated bonuses to certain teachers; repealing an expired study on daily planning periods; providing that the State Board of Education need only file a single copy of a proposed rule with the Legislative Oversight Commission; removing the requirement that the State Board of Education contract with an independent agency to evaluate the results of character education and biannual reporting; changing the requirement from a school-by-school to a countywide plan for provision of technology and services to students as part of the twenty-first century strategic learning plan; removing the requirement for semiannual reporting on the effect of the increased compulsory attendance age of students and the progress the state and county boards have made in implementing its associated requirements; and clarifying that the written evaluation system for employment performance of personnel must be conducted at least annually on professional personnel and removing related transitional language."
    On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
    The bill, as amended by the Senate, was then put upon its passage.
    On the passage of the bill, the yeas and nays were taken (Roll No. 466), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
    Absent and Not Voting: J. Nelson and Raines.
   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. 4228) 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. 4286, Captive Cervid Farming Act.
    On motion of Delegate White, the bill was taken up for immediate consideration.
    The following Senate amendments were reported by the Clerk:
    On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
    "That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6, §19-2H-7, §19- 2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H-14 and §19-2H-15; and that §20-1-2 of said code be amended and reenacted, all to read as follows:
CHAPTER 19. AGRICULTURE.

ARTICLE 2H. CAPTIVE CERVID FARMING
ACT.
§19-2H-1. Short title; joint regulation.

    (a) This article shall be known and may be cited as the Captive Cervid Farming Act.
    (b) Captive cervid farming shall be jointly regulated by the Department of Agriculture and the Division of Natural Resources.
    (c) The department and division shall cooperate to implement the provisions of this article, promulgate rules, draft any Memorandums of Understanding or take other action as may be necessary for the proper and effective enforcement of these provisions.
§19-2H-2. Purpose and legislative findings.
    (a) The purpose of this article is to promote this states agricultural economy, to preserve family farming opportunities, to encourage agricultural uses of the natural topography of the states rural lands and to foster job retention and job creation in the states rural areas by providing for comprehensive regulation of captive cervid farming as a viable agricultural business, while also preserving the importance of wildlife management and deer hunting in this state.
    (b) The Legislature finds and declares that captive cervid farming is primarily an agricultural pursuit, and that captive cervids may be raised in a manner similar to other livestock. The Commissioner of Agriculture possesses the knowledge, training and experience required to properly regulate captive cervid farms and to adequately protect the health and safety of animals and the general public. The Legislature also finds and declares that matters related to promoting the cervid farming industry, the sale and regulation of cervid meat excluding white-tailed deer and elk meat, animal health, animal identification, record keeping and animal husbandry methods and equipment are best managed and regulated by the department.
    (c) The Legislature further finds that the Division of Natural Resources is empowered to regulate and protect the native wildlife of this state, currently issues licenses for captive cervid facilities, and has natural resources police officers to enforce its regulations and permitting requirements. The division has a vested interest in maintaining the health and safety of wildlife as part of its wildlife management objectives, as well as encouraging the long tradition of deer hunting in this state. Fencing, pen size, entrapment of wildlife, interstate movement of captive cervids, escaping captive cervids, and chronic wasting disease management are best managed and regulated by the division.
§19-2H-3. Definitions.
    As used in this article:
    (1) Bio-security means measures, actions or precautions taken to prevent the transmission of disease in, among or between wild and captive cervids.
    (2) Captive cervid or captive cervids means members of the Cervidae family of animals including, but not limited to, fallow deer, red deer, white-tailed deer, axis deer, elk, moose, reindeer and caribou that are raised in captivity and under the control of the owner of the animal.
    (3) Captive cervid farm means the captive cervids, the fenced area and all equipment and components regulated by the department and the division for use as a captive cervid farming operation as provided for in this article.
    (4) Commissioner means the Commissioner of the West Virginia Department of Agriculture.
    (5) Department means the West Virginia Department of Agriculture.
    (6) Division means the Division of Natural Resources.
    (7) Identification system means a process or procedure that allows an individual cervid to be continuously recognized and monitored as a unique animal throughout its lifetime.
    (8) License means a Class One or Class Two Captive Cervid Farm License issued by the department for the operation of a captive cervid farm.
    (9) Owner means the person who owns or operates a licensed captive cervid farm, or his or her agent or operator.
    (10) Permit means a Captive Cervid Fencing Permit issued by the division for the operation of a captive cervid farm.
    (11) Person means an individual, corporation, limited liability company, partnership, association, joint venture or other legal entity.
    (11) Release means to allow a cervid from a licensed captive cervid farm to be outside the perimeter fence of the farm without being under the direct control of the owner.
§19-2H-4. Authority of the Department of Agriculture; rules.
    (a) The department is granted the authority to regulate and control captive cervid farm licenses, applications, requirements, record keeping, animal husbandry, identification and tagging, disease prevention, inoculation and testing, fee schedule for services, species commingling, intrastate movement of captive cervids, captive cervid meat inspection and sales excluding white-tailed deer and elk, and inspections of captive cervid farms in this state in accordance with this article. Subject to the transition provisions contained in section twelve of this article, no person may operate a captive cervid farm in this state unless that person holds a license issued by the commissioner pursuant to this article.
    (b) The commissioner shall promulgate emergency or legislative rules in accordance with article three, chapter twenty-nine-a of this code to provide for implementation and enforcement of this article.
    (c) The rules, insofar as practicable, shall provide for the protection of animal and human health and promotion of bio-security that are consistent with the rules promulgated by the United States Department of Agriculture, Division of Animal and Plant Health Inspection Service.
    (d) The rules shall include, but not be limited to, requirements that:
    (1) Implement an identification system that allows individual captive cervid to be recognized, tracked and identified throughout the animals life;
    (2) Specify the record-keeping standards required of licensees, including standards for documentation of purchases, propagation, sales, slaughtering and any other documentation required to maintain accurate and complete records of captive cervid farming operations;
    (3) Establish animal health testing criteria to discover and prevent the spread of disease in captive cervids, to conduct testing and inoculations, and to impose quarantines; and
    (4) Establish a schedule of fees and charges for services provided by the department to licensed captive cervid farms.
§19-2H-5. Authority of the Division of Natural Resources; rules.
    (a) The division is granted the authority to regulate, control and inspect the fencing, pen size, entrapment of wildlife, escape of captive cervids, interstate movement of captive cervids, and management of chronic wasting disease and other diseases affecting cervids in this state in accordance with this article and chapter twenty of this code. Subject to the transition provisions contained in section twelve of this article, no person may operate a captive cervid farm in this state unless that person holds a permit issued by the director pursuant to this article.
              (b) The director shall promulgate emergency or legislative rules in accordance with article three, chapter twenty-nine-a of this code as are necessary to provide for implementation and enforcement of this article.
              (c) The rules promulgated under this section shall include, but not be limited to, requirements that:
              (1) Establish the specifications for fencing necessary to prevent the escape of captive cervids and the infiltration of wildlife into a licensed captive cervid farm. The fencing regulations shall be reasonable and comport with accepted industry and regulatory standards for captive cervids;
              (2) Regulate the interstate movement of captive cervids and provide for maintenance of documentation of the origin and destination of all shipments and any other requisite documentation; and
              (3) Maintain chronic wasting disease and other disease statistics, and develop any requisite management criteria for chronic wasting disease and other disease containment zones and intrastate movement of cervids therein to prevent the spread of the disease.
§19-2H-6. Duties of the commissioner and director.
              Pursuant to the scope of his or her authority under this article, the commissioner or the director may:
              (1) Establish a section and designate staff to implement this article;
              (2) Contract with veterinarians, biologists or other animal health professionals to provide scientific expertise, services and testing to implement the provisions of this article;
              (3) Enter into interstate contracts with other states to enhance the bio-security of captive cervid farms in this and other states;
              (4) Lease, rent, acquire, purchase, own, hold, construct, equip, maintain, operate, sell, encumber and assign rights of any property, real or personal, consistent with the objectives set forth in this article;
              (5) Hold hearings, subpoena witnesses, administer oaths, take testimony, require the production of evidence and documentary evidence and designate hearing examiners; and
              (6) Take any other action necessary or incidental to the performance of their respective duties and powers under this article.
§19-2H-7. Application for license or permit.
              (a) A person applying to operate a captive cervid farm in this state is required to have: 1) A Class One or Class Two Captive Cervid Farm License from the department; and 2) a Captive Cervid Fencing Permit from the division. The department and the division shall provide the forms and instructions for the license and permit applications.
              (b) The following information shall be submitted by the person to the department for a license, and the division for a permit:
              (1) The mailing address of the proposed captive cervid farm and the size, location and an adequate legal description of the farm;
              (2) The number of each species of cervid proposed to be included in the proposed farm;
              (3) The bio-security measures to be utilized, including, but not limited to, a description of the fencing and the animal identification system to be used;
              (4) The proposed method of flushing wild white-tailed deer from the enclosure, if applicable;
              (5) The record-keeping system;
              (6) The method of verification that all wild white-tailed deer have been removed;
              (7) The current zoning, if any, of the property proposed for the farm;
              (8) Any other information considered necessary by the department or division; and
              (9) A closure plan for the safe disposition of captive cervids.
              (c) The application shall be accompanied by the biennial license and permit fees set forth below. The license and permit fees and classes may be amended by rule, and are as follows:
              (1) Class One Captive Cervid Farm License. -- Issued by the department for a farm to be used only to breed and propagate cervids and create byproducts for sale: $500;
              (2) Class Two Captive Cervid Farm License. -- Issued by the department for a farm to breed and propagate cervids and create byproducts for sale, and to slaughter and sell captive cervid meat, excluding the sale of white-tailed deer and elk meat: $1,250; and
              (3) Captive Cervid Fencing Permit. -- Issued by the division for all captive cervid farms: $500.
§19-2H-8. Department and Division action on applications.
              (a) The department shall act on an application for a license, and the division shall act on an application for a permit, within sixty days of receipt. The department may issue a provisional license, and the division a provisional permit, for a proposed farm that has not yet been constructed, but operations shall not begin until the completed farm has been inspected by the department and division, and each has issued a license or permit, respectively.
              (b) The department and division may not issue a license or permit until it is determined that the captive cervid farm meets all of the following criteria:
              (1) The captive cervid farm has been inspected by the department and division and meets the standards and requirements of this article and the rules promulgated thereunder;
              (2) The applicant has all requisite federal, state and local governmental permits; and
              (3) The owner has paid all applicable license and permit fees and all charges for services provided to the captive cervid farm.
              (c) If the department or division finds a deficiency in the license or permit applications, the owner shall be given at least thirty days to remedy the deficiency before the license or permit application is denied.
              (d) If the commissioner determines that the proposed captive cervid farm does not comply with the requirements of this article after the opportunity to remedy deficiencies, the commissioner shall deny the license application and notify the applicant in writing of the reasons for the denial.
              (e) If the director determines that the proposed captive cervid farm does not comply with the permit requirements of this article after the opportunity to remedy deficiencies, the director shall deny the permit application and notify the applicant in writing of the reasons for the denial.
              (f) The applicant may request a hearing from the commissioner for a license denial, or the director for a permit denial, pursuant to article five, chapter twenty-nine-a of this code to contest the denial of a license or permit, or any limitations placed upon the issuance of a license or permit.
              (g) The department and division shall retain the license and permit fees regardless of approval.
§19-2H-9. License and permit certificates; renewal; nontransferable.
              (a) Once approved, the department shall issue a license certificate, and the division shall issue a permit certificate, to the owner of the captive cervid farm containing information such as:
              (1) The class of license, the license number, the permit number, and expiration dates;
              (2) The cervid herd size and species approved for the farm;
              (3) The name, business address, physical address and directions, and telephone number of the owner of the farm; and
              (4) Emergency response and contact information for the captive cervid farm.
              (b) An application for renewal of a license or permit shall be submitted on forms provided by the department or division not later than sixty days before expiration of the current license or permit. Each license or permit issued shall be for a period of two years from the date of issuance.
              (c) The sale or transfer of ownership of a captive cervid farm will not operate to transfer the license or permit. The department or division may issue a new license or permit to the transferee if all requirements and fees are satisfied.
§19-2H-10. License and permit modification.
              (a) An owner must apply to the department for a license modification if there is any proposed change in the class of license or the species approved for the captive cervid farm.
              (b) An owner must apply to the division for a permit modification if there is any proposed change to the captive cervid farm permit.
§19-2H-11. Inspection of farm by the department and division.
              The department and division shall have access at all reasonable hours to any licensed or provisional captive cervid farm for the purpose of conducting inspections, securing samples or specimens of any cervid species and determining whether the owner is in compliance with the requirements of this article. Any inspection and sampling shall be conducted in a manner that will foster the bio-security of captive cervid farms, and will not unnecessarily jeopardize the health of the captive cervids.
§19-2H-12. Transition to captive cervid farm license and permit process.

     A captive cervid farm in existence on the effective date of this article may continue operation under its existing authorization until the department and division act on its application for a license and permit under this article if the owner of that farm applies for a license and permit within sixty days after application forms are made available to current licensees.
§19-2H-13. Noncompliance with article, standards, orders or rules; suspension, revocation or limitation of license or permit.
     (a) The department may suspend, revoke or limit a license if the licensee fails to comply with this article, standards adopted under this article, orders issued by the commissioner as a result of an administrative action or departmental review conducted under this article or rules promulgated under this article.
               (b) The division may suspend, revoke or limit a permit if the permittee fails to comply with this article, standards adopted under this article, orders issued by the director as a result of an administrative action or review conducted under this article or rules promulgated pursuant to this article.
§19-2H-14. Prohibited conduct; violation; penalty.

               (a) A person may not recklessly release or permit the release of a captive cervid from a captive cervid farm. A person may not intentionally or recklessly allow the entry or introduction of wild white-tailed deer into a captive cervid farm. Any person who violates this subsection is guilty of a misdemeanor and, upon conviction thereof, shall, for a first offense, be confined in jail for not more than ninety days, or fined not less than $50 nor more than $300 or both fined and confined. Any person who violates this subsection for a second or subsequent offense is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than one year, or fined not less than $500 nor more than $1,000, or both fined and confined.
               (b) Any person who intentionally releases captive cervids into the wild, or releases or abandons captive cervids by failing to properly close or wind down a captive cervid farm, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one nor more than three years, or fined not less than $2,000 nor more than $5,000, or both fined and imprisoned.
§19-2H-15. Findings of violations; remedies.
               (a) The commissioner or director, upon finding that a person has violated a provision this article or the rules promulgated thereunder, may:
               (1) Issue a warning; or
               (2) Impose a civil penalty of not more than $1,000 per violation, plus the costs of investigation, for each violation, after notice and an opportunity for a hearing. A person aggrieved by an administrative action under this section may request a hearing pursuant to article five, chapter twenty-nine-a of this code.
               (b) Notwithstanding any other provisions of this article, the commissioner or director may bring an action to:
               (1) Obtain a declaratory judgment that a particular method, activity or practice is a violation of this article; or
               (2) Obtain an injunction against a person who is engaging in a method, activity or practice that violates this article.
               (c) The remedies under this article are cumulative and use of one remedy does not bar the use of any other remedy.
CHAPTER 20. NATURAL RESOURCES.

ARTICLE 1. ORGANIZATION AND ADMINISTRATION.
§20-1-2. Definitions.

               As used in this chapter, unless the context clearly requires a different meaning:
               (1) Agency means any branch, department or unit of the state government, however designated or constituted.
(2) Alien means any person not a citizen of the United States.
               (3) Bag limit or creel limit means the maximum number of wildlife which may be taken, caught, killed or possessed by any person.
               (4) Big game means elk, white-tailed deer, black bears, wild boars and wild turkeys.
               (5) Bona fide resident, tenant or lessee means a person who permanently resides on the land.
               (6) Citizen means any native-born citizen of the United States and foreign-born persons who have procured their final naturalization papers.
               (7) Closed season means the time or period during which it shall be unlawful to take any wildlife as specified and limited by the provisions of this chapter regulation.
               (8) Commission means the Natural Resources Commission.
               (9) Commissioner means a member of the advisory commission of the Natural Resources Commission.
               (10) Director means the Director of the Division of Natural Resources.
               (11) Fishing or to fish means the taking, by any means, of fish, minnows, frogs or other amphibians, aquatic turtles and other forms of aquatic life used as fish bait, whether dead or alive.
               (12) Fur-bearing animals include:(a) The mink; (b) the weasel; (c) the muskrat; (d) the beaver; (e) the opossum; (f) the skunk and civet cat, commonly called polecat; (g) the otter; (h) the red fox; (i) the gray fox; (j) the wildcat, bobcat or bay lynx; (k) the raccoon; and (l) the fisher.
               (13) Game means big game, game animals, game birds, and game fish and small game as herein defined.
               (14) Game animals include:(a) The elk; (b) the white-tailed deer; (c) the cottontail rabbits and hares; (d) the fox squirrels, commonly called red squirrels, and gray squirrels and all their color phases - red, gray, black or albino; (e) the raccoon; (f) the black bear; and (g) the wild boar.
               (15) Game birds include:(a) The Anatidae, commonly known as swan, geese, brants and river and sea ducks; (b) the Rallidae, commonly known as rails, sora, coots, mudhens and gallinule; (c) the Limicolae, commonly known as shorebirds, plover, snipe, woodcock, sandpipers, yellow legs and curlews; (d) the Galliformes, commonly known as wild turkey, grouse, pheasants, quails and partridges (both native and foreign species); (e) the Columbidae, commonly known as doves; (f) the Icteridae, commonly known as blackbirds, redwings and grackle; and (g) the Corvidae, commonly known as crows.
               (16) Game fish include:(a) Brook trout; (b) brown trout; (c) rainbow trout; (d) golden rainbow trout; (e) largemouth bass; (f) smallmouth bass; (g) spotted bass; (h) striped bass; (i) chain pickerel; (j) muskellunge; (k) walleye; (l) northern pike; (m) rock bass; (n) white bass; (o) white crappie; (p) black crappie; (q) all sunfish species; (r) channel catfish; (s) flathead catfish; (t) blue catfish, (u) sauger; and (v) all game fish hybrids.
               (17) Hunt means to pursue, chase, catch or take any wild birds or wild animals. Provided, That wildlife. However, the definition of hunt does not include an officially sanctioned and properly licensed field trial, water race or wild hunt as long as that field trial is not a shoot-to-retrieve field trial.
     (18) Lands means land, waters and all other appurtenances connected therewith.
     (19) Migratory birds means any migratory game or nongame birds included in the terms of conventions between the United States and Great Britain and between the United States and United Mexican States, known as the Migratory Bird Treaty Act, for the protection of migratory birds and game mammals concluded, respectively, August 16, 1916, and February 7, 1936.
     (20) Nonresident means any person who is a citizen of the United States and who has not been a domiciled resident of the State of West Virginia for a period of thirty consecutive days immediately prior to the date of his or her application for a license or permit except any full-time student of any college or university of this state, even though he or she is paying a nonresident tuition.
     (21) Open season means the time during which the various species of wildlife may be legally caught, taken, killed or chased in a specified manner and shall include both the first and the last day of the season or period designated by the director.
     (22) Person, except as otherwise defined elsewhere in this chapter, means the plural persons and shall include or persons mean individuals, partnerships, corporations or other legal entities.
     (23) Preserve means all duly licensed private game farmlands farms, or private plants, ponds or areas, where hunting or fishing is permitted under special licenses or seasons other than the regular public hunting or fishing seasons. The term preserve does not mean a captive cervid farm pursuant to article two-h, chapter nineteen of this code, though a captive cervid farm may also be licensed as a preserve.
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(24) Protected birds means all wild birds not included within the definition of game birds and unprotected birds.
     (25) Resident means any person who is a citizen of the United States and who has been a domiciled resident of the State of West Virginia for a period of thirty consecutive days or more immediately prior to the date of his or her application for a license or permit. Provided, That However, a member of the armed forces of the United States who is stationed beyond the territorial limits of this state, but and who was a resident of this state at the time of his or her entry into such the service, and any full-time student of any college or university of this state even though he or she is paying a nonresident tuition, shall be considered a resident under the provisions of this chapter.
     (26) Roadside menagerie means any place of business, other than a commercial game farm, commercial fish preserve, place or pond, where any wild bird, game bird, unprotected bird, game animal or fur-bearing animal is kept in confinement for the attraction and amusement of the people for commercial purposes.
     (27) Small game includes all game animals, furbearing animals and game birds except elk, white-tailed deer, black bears, wild boars and wild turkeys.
     (28) Take means to hunt, shoot, pursue, lure, kill, destroy, catch, capture, keep in captivity, gig, spear, trap, ensnare, wound or injure any wildlife, or attempt to do so. Provided, That However, the definition of take does not include an officially sanctioned and properly licensed field trial, water race or wild hunt as long as that field trial is not a shoot-to-retrieve field trial.
     (29) Unprotected birds shall include:(a) The English sparrow; (b) the European starling; and (c) the cowbird.
     (30) Wild animals means all mammals native to the State of West Virginia occurring either in a natural state or in captivity, except house mice or rats.
     (31) Wild birds shall include all birds other than:(a) Domestic poultry - chickens, ducks, geese, guinea fowl, peafowls and turkeys; (b) Psittacidae, commonly called parrots and parakeets; and (c) other foreign cage birds such as the common canary, exotic finches and ring dove. All wild birds, either:(i) Those occurring in a natural state in West Virginia; or (ii) those imported foreign game birds, such as waterfowl, pheasants, partridges, quail and grouse, regardless of how long raised or held in captivity, shall remain wild birds under the meaning of this chapter.
     (32) Wildlife means wild birds, wild animals, game, and fur-bearing animals, fish (including minnows), reptiles, amphibians, mollusks, crustaceans and all forms of aquatic life used as fish bait, whether dead or alive. native to the state of West Virginia unless the context indicates otherwise.
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(33) Wildlife refuge means any land set aside by action of the director as an inviolate refuge or sanctuary for the protection of designated forms of wildlife."
     And,
     By amending the title of the bill to read as follows:
     H. B. 4286 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6, §19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H-14 and §19- 2H-15; and to amend and reenact §20-1-2 of said code, all relating to regulating captive cervids as an agricultural enterprise; creating the Captive Cervid Farming Act; creating joint regulatory authority between the Department of Agriculture and the Division of Natural Resources; stating legislative purpose and findings; defining terms; authorizing rule-making; stating duties of commissioner and director; requiring a class one or class two license from the department; requiring a fencing permit from the division; establishing application requirements and fees for biennial license and permit; issuing, renewing, and modifying license and permit certificates; providing that sale of farm does not transfer license or permit; inspecting farms; permitting the transition of current farms; providing for noncompliance with article; establishing criminal penalties and civil remedies; and clarifying natural resources definitions."
     On motion of Delegate White, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
     Com. Sub. for H. B. 4294, Establishing standards for court reporters and entities that provide court reporting services.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 27. COURT REPORTER SERVICES.
§47-27-1. Fair trade standards for use of court reporter services.
     (a) The purpose of this article is to ensure the integrity of the use of court reporter services by establishing standards for private court reporters and entities providing or arranging for court reporting services. It is declared the policy of the State of West Virginia that fair, ethical and impartial selection and use of court reporting services are integral to the equitable administration of justice.
     (b) For purposes of this article, court reporter means private court reporters providing court reporting services, as well as businesses, entities or firms that provide or arrange for court reporting services, and original transcript means the original transcription requested by a party along with a certified copy of same for purposes of filing with a court.
     (c) The provisions described in this article apply to court reporting services performed in this state that are:
     (1) Provided by a court reporter, wherever based, in connection with a legal proceeding commenced or maintained in this state; and
     (2) Provided by a court reporter based in this state, whether the parties appear in person or by remote means.
     (d) The provisions of this article do not apply to the conduct of official court reporters or their substitutes, appointed by judges pursuant to section one, article seven, chapter fifty-one of this code, when acting in their official capacities, reporters of government proceedings not relating to a legal proceeding, local or federal courts, providing real-time services for hard-of-hearing litigants, the provision of pro bono services to litigants who would qualify for the same through West Virginia Legal Aid or other similar organizations, workers compensation proceedings or legal proceedings recorded with sound-and-visual devices. A legal proceeding includes, but is not limited to, the following:
     (1) A court proceeding;
     (2) A deposition;
     (3) An arbitration hearing; and
     (4) An examination under oath.
     (e) Court reporters, businesses, entities, insurers or firms providing or arranging for court reporting services are subject to the provisions of this section even if the businesses, entities, insurers or firms are not subject to registration or other regulatory oversight in the state.
§47-27-2. Prohibited conduct.
     (a) A legal proceeding may not be reported by:
     (1) An individual who engages in a prohibited action as provided in this section;
     (2)  A party to the action;
     (3) A relative, employee or attorney of one of the parties;
     (4) Someone with a financial interest in the action or its outcome; or
     (5) A relative, employee or attorney of someone with a financial interest in the action or its outcome.
     (b) Court reporters may not:
     (1) Base the compensation for the court reporting services on the outcome of the proceeding or otherwise giving the court reporter or court reporting business, entity or firm a financial interest in the action. Court reporters or businesses, entities or firms providing or arranging for court reporting services may not offer or provide court reporting services where payment for those services will be made contingent on the outcome of the action.
     (2) Enter into an agreement, whether formal or informal, for court reporting services which restricts the noticing attorney or party to a legal proceeding from selecting and using the court reporter of his or her own choosing or otherwise requires the noticing attorney or party to a legal proceeding to select or use a court reporter not of his or her own choosing. Before accepting an assignment for court reporting services, the court reporter is obligated to make reasonable efforts to ascertain whether any arrangement exists which is prohibited under this article.
     (3) Allow the format, content or body of the transcript as certified by the court reporter to be manipulated in a manner that increases the cost of the transcript.
     (4) Charge a fee for the electronic copy or paper copy of a transcript that is more than fifty-five percent of the cost of the original transcript, except by agreement of all parties to a legal proceeding. This prohibition does not apply to real-time court reporting services or accelerated transcript delivery requests made by the party requesting a copy of the transcript when the party requesting the original has not requested accelerated delivery.
     (5) Require the attorney purchasing the original or a copy of the transcript to purchase extra services that were neither ordered nor desired from the court reporter as a condition for the sale of the transcript.
§47-27-3. Disclosure and limitations on practices.
     (a) Prior to the commencement of a legal proceeding, and at any time during or following the conclusion of a legal proceeding, an attorney or a party to that legal proceeding has the right to an itemized statement of all rates and charges for all services that have been or will be provided by the court reporter or business, entity or firm providing or arranging for court reporting services to any party to the legal proceeding.
     (b) A court reporter shall certify on the certification page of each transcript of a legal proceeding, the following: I certify that the attached transcript meets the requirements set forth within article twenty-seven, chapter forty-seven of the West Virginia Code.
     (c) Each transcript of a legal proceeding shall conform to the following minimum standards:
(1) No fewer than twenty-four typed lines on standard 8-1/2 by 11 inches pages.
(2) No fewer than nine characters to the typed inch.
     (3) A full line of text shall be no less than fifty-six characters and/or spaces unless timestamping is used, in which case no fewer than forty-eight characters and/or spaces shall be used on a full line of text.
     (4) Timestamping may only be printed on a transcript under any of the following circumstances: (A) when a deposition is videotaped; (B) when requested by counsel on the record; and (C) when a transcript will have not less than forty-eight characters per line.
     (5) The page numbers, headers and footers do not count as a line of text. Line numbers and the spaces preceding text do not count as a character.
(6) Each question and answer to begin on a separate line.
     (7) Each question and answer to begin no more than five spaces from the left-hand margin with no more than five spaces from the question and answer to the text.
(8) Carry-over question and answer lines to begin at the left-hand margin.
     (9) Colloquy material to begin no more than fifteen spaces from the left-hand margin, with carryover colloquy to the left-hand margin. In colloquy, text shall begin no more than two spaces after the colon following speaker identification.
     (10) Quoted material to begin no more than fifteen spaces from the left-hand margin, with carry-over lines to begin no more than ten spaces from the left-hand margin.
     (11) Parentheticals and exhibit markings to begin no more than fifteen spaces from the left- hand margin, with carry-over lines to begin no more than fifteen spaces from the left-hand margin.
     (d) The provisions of sections one, two or three of this article may not be waived or otherwise modified.
§47-27-4. Penalties for violations; civil actions; and damages.
     A court reporter or the entity that produces and bills for the transcript which violates the provisions of sections two or three of this article is subject to civil penalty in a court of competent jurisdiction as follows: Any party to a civil action, a court reporter, attorney or other person who has been subject to a violation of the provisions of sections two or three of this article may recover, payable to the prevailing party, a civil penalty for any willful violation of this section and the court shall assess a civil penalty of no less than $2,500 for each violation: Provided, That no more than one civil penalty under this section may be assessed in any one matter pending before the court; and if the court finds that the court reporter has engaged in a course of repeated and willful violations of this section, it may assess an additional civil penalty of up to $5,000 for each violation of this section. For any action filed pursuant to this section, the court, in its discretion, may award all or a portion of the costs of litigation, including reasonable attorney fees, court costs and fees, to the prevailing party."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 467), 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, Ferns, Ferro, Folk, Howell, Ireland, Kump, E. Nelson, Pethtel, Sobonya and Storch.
     Absent and Not Voting: J. Nelson and Raines.
    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. 4294) 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. 4335, Relating to a childs right to nurse.
    On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendment was reported by the Clerk:
     On page two, section nineteen, line five, by striking out the comma after the word "location".
     On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 468), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Gearheart.
     Absent and Not Voting: J. Nelson and Raines.
    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. 4335) 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, to take effect from passage, a bill of the House of Delegates, as follows:
     Com. Sub. for H. B. 4339, Ensuring that moneys from the Solid Waste Authority Closure Cost Assistance Fund are available to facilitate the closure of the Elkins-Randolph County Landfill and the Webster County Landfill.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page seven, section twelve, after line eighty-nine, by adding a new subsection, designated subsection (i), to read as follows:
     "(i) The Prichard Landfill in Wayne County is eligible for funds from the Closure Cost Assistance Fund necessary to complete post closure maintenance and monitoring upon the filing of an appropriate application. In the event of a permit transfer, neither the State nor the Wayne County economic development authority or entity may assume any liability from the private landfill other than post closure maintenance and monitoring costs."
     And,
     By amending the title of the bill to read as follows:
     Com. Sub. for H. B. 4339 - "A Bill to amend and reenact §22-16-11 and §22-16-12 of the Code of West Virginia, 1931, as amended, all relating to authorizing the expenditures of moneys from the Closure Cost Assistance Fund to facilitate the closure of the Elkins-Randolph County Landfill and the Webster County Landfill; authorizing expenditures of moneys from the Closure Cost Assistance Fund to complete post closure maintenance and monitoring; and limiting liability of state and Wayne County Economic Development Authority if permit is transferred."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 469), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Kump.
     Absent and Not Voting: J. Nelson and Raines.
    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. 4339) 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. 4343, West Virginia Project Launchpad Act.
    On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page thirty-seven, section four, line thirteen, by striking out the word "two" and inserting in lieu thereof the word "three".
     On page thirty-nine, section four, lines forty-six through fifty-one, by striking out all of subsection (g) and inserting in lieu thereof a new subsection, designated subsection (g), to read as follows:
     (g) Duration of launchpad designation. -- The designation of a geographic area as a West Virginia project launchpad for economic development is for a period not to exceed eight years, beginning January 1, 2015 and ending December 31, 2022, unless the launchpad is sooner decertified as provided in this article, or the ending date is extended by the Legislature.;
     On page forty, section five, line one, by striking out "January 1, 2015" and inserting in lieu thereof "December 30, 2014".
     On page fifty-six, section ten, line sixty-three, by striking out "2025" and inserting in lieu thereof "2019".
     On page sixty-five, section seventeen, lines five through seven, by striking out all of subdivision (1).
     On page sixty-six, section seventeen, line eight, by striking out "(2)" and inserting in lieu thereof "(1)".
     On page sixty-six, section seventeen, lines twenty-four through seventy, by striking out all of subdivision (3) and inserting in lieu thereof a new subdivision, designated subdivision (2), to read as follows:
     "(2) All of the following:
     (A) Net gains or income, less net losses, derived by a resident or nonresident of a West Virginia project launchpad for economic development from the sale, exchange or other disposition of real or tangible personal property located in a West Virginia project launchpad for economic development as determined in accordance with generally accepted accounting principles and practices. The exemption provided in this paragraph (A) shall not apply to the sale, exchange or other disposition of any stock of goods, merchandise or inventory, or any operational assets unless the transfer is in connection with the sale, exchange or other disposition of all of the assets in complete liquidation of a qualified business located in a West Virginia project launchpad for economic development. This paragraph (A) shall also apply to intangible personal property employed in a trade, profession or business that is a qualified business in a West Virginia project launchpad for economic development, but only when transferred in connection with a sale, exchange or other disposition of all of the assets in complete liquidation of the qualified business located in the West Virginia project launchpad for economic development.
     (B) The exemption from income for gain or loss provided in subparagraphs (i) and (ii) of this paragraph (B) shall be prorated based on the following:
     (i) In the case of gains, less net losses, in this subparagraph (I), the percentage of time, based on calendar days, the property located in a West Virginia project launchpad for economic development was held by a resident or nonresident of the West Virginia project launchpad for economic development during the time period the West Virginia project launchpad for economic development was in effect in relation to the total time the property was held; and
     (ii) In the case of gains, less net losses, in this subparagraph (ii), the percentage of time, based on calendar days, the property was held by the business while a resident of a West Virginia project launchpad for economic development in relation to the total time the property was held by the person or business."
     On page sixty-nine, section seventeen, line seventy-one, by striking out "(4)" and inserting in lieu thereof "(3)".
     On page seventy, section seventeen, lines ninety-one through ninety-six, by striking out all of subdivisions (5) and (6).
     And by renumbering the remaining subdivision.
     On page seventy-one, section seventeen, line one hundred sixteen, by striking out "(2), (3) and (4)" and inserting in lieu thereof "(1), (2) and (3)".
     On page eighty-nine, section twenty-four, by striking out the section caption and substituting therefor a new section caption, to read as follows:
"§5B-2I-24. Local business and occupation taxes and net profits taxes.
     On pages eighty-nine and ninety, section twenty-four, lines one through twenty-five, by striking out all of subsection (a) and inserting in lieu thereof a new subsection, designated subsection (a), to read as follows:
     (a) General exemption. - A municipal corporation or county commission or county council that has enacted any tax on the privilege of engaging in any business activity, profession or occupation, measured by gross receipts or net profits, may impose that tax on persons or qualified businesses located within the boundaries of an authorized West Virginia project launchpad for economic development. The municipal corporation or county commission or county council shall exempt from the imposition or operation of the local tax ordinances, statutes, regulations or otherwise:
     (1) The business gross receipts for operations conducted by a qualified business within an authorized West Virginia project launchpad for economic development; and
     (2) The net profits of a qualified business attributable to business activity conducted within an authorized West Virginia project launchpad for economic development when imposed by the qualified political subdivision where that qualified business is located.
     No exemption may be granted for operations conducted, for earned income received or for activities conducted prior to designation of the real property as part of an authorized West Virginia project launchpad for economic development."
     On page ninety-one, section twenty-four, line thirty-three, by striking out all of subdivision (2).
     And,
     By renumbering the remaining subdivision.
     On page ninety-eight, section thirty-one, line six, by striking out "2019, 2023, 2027 and 2031" and inserting in lieu thereof "2019 and 2023".
     On page one hundred, section thirty-six, line one, by striking out "(a)".
     On pages one hundred one and one hundred two, section thirty-six, lines twenty-two through twenty-eight, by striking out all of subsection (b).
     On page one hundred three, section forty-one, line two, by striking out "2030" and inserting in lieu thereof "2022".
     On page one hundred four, section three, lines two and three, by striking out the words "and improvements to real property".
     On page one hundred five, section four, lines two and three, by striking out the words "and improvements to real property".
     On page one hundred five, section four, line ten, by striking out the words "and improvements to real property".
     On page one hundred six, section four, lines twenty and twenty-one, by striking out the words "and improvements to real property".
     On page one hundred six, section four, line twenty-seven, by striking out the words "and improvements to real property".
     On page one hundred nine, section two, line four, by striking out the words "this state" and inserting in lieu thereof the words "a launchpad established in article two-i, chapter five-b of this code".
     On page one hundred twelve, section five, lines one through four, by striking out all of subsection (a) and inserting in lieu thereof a new subsection, designated subsection (a), to read as follows:
     "(a) Requirement. - A qualified company that enters into an agreement must create at least five new jobs in a launchpad established pursuant to article two-i, chapter five-b of this code, within two years of entering into the agreement under section eight of this article."
     On pages one hundred thirteen and one hundred fourteen, section five, lines twenty-two through twenty-six, by striking out all of subsection (c) and inserting in lieu thereof a new subsection, designated subsection (c), to read as follows:
     "(c) When the qualified company certifies that it has a student loan payment assistance program that provides student loan assistance benefits to its West Virginia employees, then the words 'ninety-five percent' shall be substituted for 'seventy-five percent' in subsection (b) of this section."
     And,
     On page one hundred fourteen, section five, line thirty-six, after the word "article", by inserting the words "and that the amount of taxes withheld will still be allowed as a credit when the employee files his or her West Virginia income tax return".
     And,
     By amending the title of the bill to read as follows:
     Com. Sub. for H. B. 4343 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I-5, §5B- 2I-6, §5B-2I-7, §5B-2I-8, §5B-2I-9, §5B-2I-10, §5B-2I-11, §5B-2I-12, §5B-2I-13, §5B-2I-14, §5B-2I- 15, §5B-2I-16, §5B-2I-17, §5B-2I-18, §5B-2I-19, §5B-2I-20, §5B-2I-21, §5B-2I-22, §5B-2I-23, §5B- 2I-24, §5B-2I-25, §5B-2I-26, §5B-2I-27, §5B-2I-28, §5B-2I-29, §5B-2I-30, §5B-2I-31, §5B-2I-32, §5B-2I-33, §5B-2I-34, §5B-2I-35, §5B-2I-36, §5B-2I-37, §5B-2I-38, §5B-2I-39, §5B-2I-40 and §5B- 2I-41; to amend said code by adding thereto a new article, designated §11-6L-1, §11-6L-2, §11-6L-3, §11-6L-4, §11-6L-5, §11-6L-6 and §11-6L-7; and to amend said code by adding thereto a new article, designated §11-21A-1, §11-21A-2, §11-21A-3, §11-21A-4, §11-21A-5, §11-21A-6, §11-21A-7, §11- 21A-8, §11-21A-9, §11-21A-10, §11-21A-11, §11-21A-12, §11-21A-13, §11-21A-14, §11-21A-15, §11-21A-16, §11-21A-17 and §11-21A-18, all relating generally to economic development and job creation; creating the West Virginia Project Launchpad Act; providing short title; providing legislative purpose and finding; defining certain terms; providing criteria for establishment of West Virginia project launchpads by Governor; allowing county commissions and county councils to apply for launchpad designations; providing for form and content of applications; specifying process for review of applications and criteria for designating geographic areas as launchpads and for expansion and decertification of launchpads; providing economic benefits for businesses locating or expanding in launchpads including state and local tax relief and other economic benefits; prohibiting qualified businesses in a launchpad from employing illegal aliens, engaging in illegal activity or being delinquent in payment of state and local taxes; permitting transfer of economic benefits to successor businesses; requiring qualified business to comply with applicable zoning laws and state and local building and other codes; providing for recapture of taxes and other economic benefits under specified circumstances; promulgation of rules; imposing civil penalties for noncompliance; providing rules of application and construction; requiring periodic reports to Governor and Legislature; providing for severability and expiration; providing a special method for appraising property in launchpad for economic development; providing short title; defining certain terms; providing method of valuation of launchpad property; providing for initial determination of value by assessor and for protest and appeals; requiring periodic reports to Governor and Legislature and specifying effective dates; creating the Promoting West Virginia Employment Act; providing short title and scope of article; defining certain terms; providing qualification for benefits; specifying benefits upon application and review; specifying annual cap on benefits; providing for recapture of benefits; providing for administration and enforcement of article including issuance of regulations; requiring periodic reports to Governor and Legislature; and specifying effective dates."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 470), and there were--yeas 90, nays 8, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Cowles, Faircloth, Folk, Gearheart, Householder, Howell, Kump and Overington.
     Absent and Not Voting: J. Nelson and Raines.
    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. 4343) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
     Com. Sub. for H. B. 4347, Relating to affirmative defenses against mechanics liens.
     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
     Com. Sub. for H. B. 4349,
Clarifying retirement dependent child scholarship and burial benefits under a Qualified Domestic Relations Order .
     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. 4360, Relating to consumer credit protection.
    On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 2. CONSUMER CREDIT PROTECTION.
§46A-2-128. Unfair or unconscionable means.
     No debt collector shall may use unfair or unconscionable means to collect or attempt to collect any claim. Without limiting the general application of the foregoing, the following conduct is deemed to violate this section:
     (a) The seeking or obtaining of any written statement or acknowledgment in any form that specifies that a consumers obligation is one incurred for necessaries of life where the original obligation was not in fact incurred for such necessaries;
     (b) The seeking or obtaining of any written statement or acknowledgment in any form containing an affirmation of any obligation by a consumer who has been declared bankrupt, without clearly disclosing the nature and consequences of such affirmation and the fact that the consumer is not legally obligated to make such affirmation;
     (c) The collection or the attempt to collect from the consumer all or any part of the debt collectors fee or charge for services rendered: Provided, That attorneys fees, court costs and other reasonable collection costs and charges necessary for the collection of any amount due upon delinquent educational loans made by any institution of higher education within this state may be recovered when the terms of the obligation so provide. Recovery of attorneys fees and collection costs may not exceed thirty-three and one-third percent of the amount due and owing to any such institution: Provided, however, That nothing contained in this subsection shall be construed to limit or prohibit any institution of higher education from paying additional attorney fees and collection costs as long as such additional attorney fees and collection costs do not exceed an amount equal to five percent of the amount of the debt actually recovered and such additional attorney fees and collection costs are deducted or paid from the amount of the debt recovered for the institution or paid from other funds available to the institution;
     (d) The collection of or the attempt to collect any interest or other charge, fee or expense incidental to the principal obligation unless such interest or incidental fee, charge or expense is expressly authorized by the agreement creating the obligation and by statute; and
     (e) Any communication with a consumer whenever it appears that the consumer is represented by an attorney and the attorneys name and address are known, or could be easily ascertained, unless the attorney fails to answer correspondence, return phone calls or discuss the obligation in question or unless the attorney consents to direct communication; and
_____
(f) When the debt is beyond the statute of limitations for filing a legal action for collection, failing to provide the following disclosure informing the consumer in its initial written communication with such consumer that:
_____(1) When collecting on a debt that is not past the date for obsolescence provided for in Section 605(a) of the Fair Credit Reporting Act, 15 U. S. C. 1681c: The law limits how long you can be sued on a debt. Because of the age of your debt, (INSERT OWNER NAME) cannot sue you for it. If you do not pay the debt, (INSERT OWNER NAME) may report or continue to report it to the credit reporting agencies as unpaid; and
_____(2) When collecting on debt that is past the date for obsolescence provided for in Section 605(a) of the Fair Credit Reporting Act, 15 U. S. C. 1681c: The law limits how long you can be sued on a debt. Because of the age of your debt, (INSERT OWNER NAME) cannot sue you for it and (INSERT OWNER NAME) cannot report it to any credit reporting agencies.
"
     And,
     By amending the title of the bill to read as follows:
     Com. Sub. for H. B. 4360 - "A Bill to amend and reenact §46A-2-128 of the Code of West Virginia, 1931, as amended, relating to consumer credit protection generally; and including additional conduct that constitutes unfair or unconscionable conduct when collecting or attempting to collect a debt."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 471), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
    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. 4360) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
     H. B. 4432, Adopting Principle Based Reserving as the method by which life insurance company reserves are calculated.
     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
     H. B. 4480, Relating to investment of the Acid Mine Drainage Fund.
     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. 4560, Relating to reimbursement for copies of medical records.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 29. HEALTH CARE RECORDS.
§16-29-1. Copies of health care records to be furnished to patients.
     
(a) Any licensed, certified or registered health care provider so licensed, certified or registered under the laws of this state shall, upon the written request of a patient, his or her authorized agent or authorized representative, within a reasonable time, furnish a copy, as requested in the form of a paper copy or, if requested and if the provider routinely stores records electronically and has the ability to so provide, a copy in an electronic format including, but not limited to, a copy saved upon a computer disc, an electronically mailed copy or a copy saved upon a portable memory device of all or a portion of the patients record to the patient, his or her authorized agent or authorized representative subject to the following exceptions:
     (a) (1) In the case of a patient receiving treatment for psychiatric or psychological problems, a summary of the record shall be made available to the patient, his or her authorized agent or authorized representative following termination of the treatment program.
     (2) The furnishing of a copy, as requested, of the reports of X-ray examinations, electrocardiograms and other diagnostic procedures shall be deemed to comply with the provisions of this article.
     (b) Nothing in this article shall be construed to require a health care provider responsible for diagnosis, treatment or administering health care services in the case of minors for birth control, prenatal care, drug rehabilitation or related services or venereal disease according to any provision of this code, to release patient records of such diagnosis, treatment or provision of health care as aforesaid to a parent or guardian, without prior written consent therefor from the patient, nor shall anything in this article be construed to apply to persons regulated under the provisions of chapter eighteen of this code or the rules and regulations established thereunder.
     (c) The furnishing of a copy, as requested, of the reports of X-ray examinations, electrocardiograms and other diagnostic procedures shall be deemed to comply with the provisions of this article: Provided, That original radiological study film from a radiological exam conducted pursuant to a request from a patient or patients representative shall be provided to the patient or patients representative upon written request and payment for the exam. The health care provider shall not be required to interpret or retain copies of the film and shall be immune from liability resulting from any action relating to the absence of the original radiological film from the patients record.
     
(d) (c) This article shall does not apply to records subpoenaed or otherwise requested through court process.
     (e) (d) The provisions of this article may be enforced by a patient, authorized agent or authorized representative, and any health care provider found to be in violation of this article shall pay any attorney fees and costs, including court costs incurred in the course of such enforcement.
     (f) (e) Nothing in this article shall be construed to apply to health care records maintained by health care providers governed by the AIDS-related Medical Testing and Records Confidentiality Act under the provisions of article three-c of this chapter.
§16-29-2. Reasonable expenses to be reimbursed.
     (a) The provider shall be reimbursed by the person requesting in writing a copy of the records at the time of delivery for all reasonable expenses incurred in complying with this article: Provided, That the cost may not exceed $0.75 per page for the copying of any record or records which have already been reduced to written form and a search fee may not exceed $10: A person requesting records from a provider shall place the request in writing and pay a reasonable, cost-based fee, at the time of delivery. Notwithstanding any other section of the code or rule, the fee shall be based on the providers cost of: (1) Labor for copying the requested records if in paper, or for placing the records in electronic media; (2)Supplies for creating the paper copy or electronic media; and
_____(3) Postage if the person requested that the records be mailed.
_____If a person requests or agrees to an explanation or summary of the records, the provider may charge a reasonable cost-based fee for the labor cost if preparing the explanation or the summary; for the supplies for creating the explanation or summary; and for the cost of postage, if the person requested that the records be mailed. If the records are stored with a third party or a third party responds to the request for records in paper or electronic media, the provider may charge additionally for the actual charges incurred from the third party.

_____(b) The labor for copying under this section shall be twenty two dollars and fifty cents per hour and shall be adjusted to reflect the consumer price index for medical care services such that the base amount and the per page charge shall be increased by the proportional consumer price index in effects as of October of the calendar year in which the request was made, rounded to the nearest dollar.
_____
(b) (c) Notwithstanding the provisions of subsection (a) of this section, a provider shall not impose a charge on an indigent person or his or her authorized representative if the medical records are necessary for the purpose of supporting a claim or appeal under any provisions of the Social Security Act, 42 U.S.C. §301 et seq. For purposes of this section, a person is considered indigent if he or she:
     (1) Is represented by an organization or affiliated pro bono program that provides legal assistance to indigents; or
     (2) Verifies on a medical records request and release form that the records are requested for purposes of supporting a Social Security claim or appeal and submits with the release form reasonable proof that the person is financially unable to pay full copying charges by reason of unemployment, disability, income below the federal poverty level, or receipt of state or federal income assistance.
     (d) (e) Any person requesting free copies of written medical records pursuant to the provisions of subsection (b) of this section is limited to one set of copies per provider. Any additional requests for the same records from the same provider shall be subject to the fee provisions of subsection (a)."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 472), and there were--yeas 88, nays 10, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Andes, Ashley, Folk, Hamilton, Howell, Iaquinta, E. Nelson, Pasdon, Storch and Sumner.
     Absent and Not Voting: J. Nelson and Raines.
    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. 4560) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
     Com. Sub. for H. B. 4608, Defining dyslexia and dyscalculia.

     A message from the Senate, by
     The Clerk of the Senate, announced concurrence in the House of Delegates amendment, with amendment, and the passage, as amended, of
     Com. Sub. for S. B. 373, Relating to water resources protection.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendment to the House of Delegates amendment was reported by the Clerk:
     On page forty, section three, subdivision (1), after the word "chapter" and the period, by inserting "Notwithstanding any other provision of this code to the contrary, swimming pools are not subject to any provision of this article or article thirty-one of this chapter."
     And,
     On page eighty-one, section four, subsection (f), after the word "code", by deleting the colon and inserting a period, and by striking out the remainder of the subsection.
     And,
     By amending the title of the bill to read as follows:
     Com. Sub. for S. B. 373 - "A Bill to amend and reenact §16-1-2 and §16-1-9a of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto three new sections, designated §16-1-9c, §16-1-9d and §16-1-9e; to amend and reenact §22-26-2, §22-26-3, §22-26-5, §22-26-6, §22-26-7 and §22-26-8 of said code; to amend said code by adding thereto a new article, designated §22-30-1, §22-30-2, §22-30-3, §22-30-4, §22-30-5, §22-30-6, §22-30-7, §22-30-8, §22-30-9, §22-30-10, §22-30-11, §22-30-12, §22-30-13, §22-30-14, §22-30-15, §22-30-16, §22-30-17, §22-30-18, §22-30-19, §22-30-20, §22-30-21, §22-30-22, §22-30-23, §22-30-24, and §22-30-25; and to amend said code by adding thereto a new article, designated §22-31-1, §22-31-2, §22-31-3, §22-31-4, §22-31-5, §22-31-6, §22-31-7, §22-31-8, §22-31-9, §22-31-10, §22-31-11 and §22-31-12; and to amend said code all by adding thereto a new article, designated §24-2G-1 and §24- 2G-2, all relating to the protection of water resources and public health generally; defining terms generally; providing for rulemaking generally; providing for civil and criminal penalties generally; providing for the regulation of the public water systems by the Commissioner of the Bureau for Public Health; providing for entry into and evaluations of water systems; authorizing commissioner to seek injunctive relief; requiring source water protection plans; specifying contents of plan; requiring assessment and monitoring of plans; requiring Bureau of Public Health to coordinate the conduct of a long-term medical study; continuing wellhead and source water protection grant program; continuing grant fund to provide water source protection; revising the Water Resources Protection and Management Act; modifying registration requirements; requiring reports to the Secretary of the Department of Environmental Protection; requiring reports by secretary to legislative entities; requiring continuation of matching funds for stream-gauging network; modifying duties of legislative commission; requiring water resources survey and registry; requiring information drilling contractors for water systems; adopting state water resources management plan; requiring reports from certain water users; establishing the Aboveground Storage Tank Act; requiring the secretary to compile inventory of aboveground storage tanks in the state; requiring registration; authorizing certain fees; requiring secretary to develop regulatory program for the tanks; providing minimum factors to be included in program; requiring annual inspection and certification of the tanks; requiring evidence of financial security; requiring corrective action and plans; requiring spill prevention response plans; requiring notice of inventory of tanks to local water systems and governments; requiring the posting of signs at the tanks; creating an administrative fund; creating the Protect Our Water Fund; authorizing public access to certain information; authorizing inspections, monitoring and testing by secretary; authorizing secretary to issue administrative orders and seek injunctive relief; allowing appeals to environmental quality board; prohibiting duplicative enforcement; requiring secretary to report to legislative entities; requiring interagency coordination; establishing duties of secretary upon imminent and substantial danger; providing additional duties and powers of secretary generally; providing certain exemptions; creating the public water supply protection act; requiring inventories of sources of certain contaminants in the zones of critical concern of certain public water systems; requiring registration and permits; authorizing inspections, monitoring and testing by secretary; requiring individual NPDES permits in certain circumstances; authorizing secretary to require NPDES permits in certain circumstances; creating public water system supply study commission; membership of study commission; scope of study; establishing reporting requirements; requiring the establishment of advance warning, testing and monitoring at certain water utilities; requiring certain information be filed with the Public Water Commission; and requiring utility to report back to Legislature if technology is infeasible."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendment to the House amendment.
     The bill, as amended by the House and further amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 473), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
    So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 373) 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 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. 507, Relating to Board of Barbers and Cosmetologists.
     On motion of Delegate White, the House of Delegates receded from its amendments.

     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 474), and there were--yeas 90, nays 5, absent and not voting 5, with the nays and absent and not voting being as follows:
     Nays: Cowles, Householder, Howell, Kump and Lane.
     Absent and Not Voting: Andes, Craig, J. Nelson, Raines and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 507) passed.
     Delegate White moved that the bill take effect July 1, 2014.
     On this question, the yeas and nays were taken (Roll No. 475), and there were--yeas 91, nays 4, absent and not voting 5, with the nays and absent and not voting being as follows:
     Nays: Gearheart, Householder, Howell and Kump.
     Absent and Not Voting: Andes, Craig, J. Nelson, Raines and Walters.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 507) 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 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. 133, Authorizing DEP promulgate legislative rules,
     Com. Sub. for S. B. 155, Authorizing DHHR promulgate legislative rules
,
     Com. Sub. for S. B. 167, Authorizing Department of Revenue promulgate legislative rules,
     Com. Sub. for S. B. 181, Authorizing Department of Administration promulgate legislative rules,
     And,
     Com. Sub. for S. B. 574, Clarifying mobile home permanently attached to real estate is not personal property under certain conditions.

     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. 397, Expanding scope of activities considered financial exploitation of elderly,
     Com. Sub. for S. B. 427, Relating to motor vehicle insurance,
     Com. Sub. for S. B. 434, Eliminating revocation period for certain DUI offenders,
     Com. Sub. for S. B. 523, Providing for additional state veterans skilled nursing facility in Beckley,
     And,
     Com. Sub. for S. B. 579, Creating Land Reuse Agency Authorization Act.
     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, 2014, of
     Com. Sub. for S. B. 376, Requiring certain construction workers complete OSHA safety program,
     Com. Sub. for S. B. 414, Redirecting nonprobate appraisement filings,
     And,
     Com. Sub. for S. B. 579, Creating Land Reuse Agency Authorization Act.
     A message from the Senate, by
     The Clerk of the Senate, announced concurrence in the House of Delegates amendment, with amendment, and the passage, as amended, of
     Com. Sub. for S. B. 623, Requiring notification of certain substance abuse screening of mine personnel.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendment to the House of Delegates amendment was reported by the Clerk:
     On page five, section one, subsection (c), subdivision (4), after the words "upheld in arbitration", by changing the period to a colon and inserting the following proviso: "Provided, however, That if the certified person terminates his or her employment or voluntarily removes himself or herself from the grievance or arbitration procedure, the certified person may be immediately temporarily decertified pursuant to this article."
*    On motion of Delegate White, the House of Delegates concurred in the Senate amendment to the House amendment.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 476), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 623) passed.
     Delegate White moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 477), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 623) takes effect from its passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Conference Committee Report

     Delegate Perdue, from the Committee of Conference on matters of disagreement between the two houses, as to
     Com. Sub. for H. B. 4208, Banning synthetic hallucinogens.
     Submitted the following report, which was received:
     Your Committee of Conference on the disagreeing votes of the two houses as to the amendments of the Senate to Engrossed Committee Substitute for House Bill No. 4208 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
     On page thirty-three, line eleven, by striking out subdivision (6) in its entirety.
     And,
     On page thirty-five, line twenty-four, by restoring subdivisions (3) and (4) and the following underscored language to read as follows:
     "(3) Not more than 300 milligrams of dihydrocodeinone (hydrocodone) per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium: Provided, That a prescription for this may not be filled for more than a one month supply or filled or refilled more than three moths after the date of the original prescription. Such prescription may not be refilled more than twice;
     (4) Not more than 300 milligrams of dihydrocodeinone (hydrocodone) per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts: Provided, That a prescription for this product may not be filled for more than a one month supply or filled or refilled more than three moths after the date of the original prescription. Such prescription may not be refilled more than twice"followed by a semi-colon.
     And,
     By amending the title to read as follows:
     Com. Sub. for H. B. 4208 - "A Bill to amend and reenact §60A-1-101 of the Code of West Virginia, 1931, as amended; to amend and reenact §60A-2-204; §60A-2-206, §60A-2-208, §60A-2-210 and §60A-2-212 of said code; and to amend and reenact §60A-3-308 of said code, all relating generally to controlled substances; modifying the lists of scheduled controlled drugs; limiting the refills of hydrocodone in schedule III; making tramadol hydrochloride a schedule IV controlled substance; adding certain synthetic drugs to the list of scheduled controlled substances; modifying and including definitions; and modifying manner in which buprenorphine and naloxone may be prescribed."
                                   Respectfully submitted,
          Don Perdue,         Ron Stollings,              
          Meshea Poore,  Don Cookman,
          Joe Ellington,David Nohe,
     Conferees on the partConferees on the part of
               of the House of Delegates.the Senate.

     On motion of Delegate Perdue, 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. 478), and there were--yeas 89, nays 5, absent and not voting 6, with the nays and absent and not voting being as follows:
     Nays: Kump, Lynch, R. Smith, Staggers and Walters.
     Absent and Not Voting: Cadle, Householder, Moore, J. Nelson, Raines and Swartzmiller.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4208) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Delegate Fleischauer, from the Committee of Conference on matters of disagreement between the two houses, as to
     Com. Sub. for H. B. 4236, Sexual assault nurse examination network.
     Submitted the following report, which was received:
     Your Committee of Conference on the disagreeing votes of the two houses as to the amendments of the Senate to Com. Sub. for H. B. 4236 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
"ARTICLE 9B. SEXUAL ASSAULT EXAMINATION NETWORK.
§15-9B-1. Sexual Assault Forensic Examination Commission.
     (a) There is created within The Governors Committee on Crime, Delinquency and Correction the Sexual Assault Forensic Examination Commission. The purpose of the commission is to establish, manage and monitor a statewide system to facilitate the timely and efficient collection of forensic evidence in sexual assault cases.
     (b) The commission shall be chaired by the director of the Division of Justice and Community Service. Membership on the commission shall consist of the following:
     (1) A representative chosen from the membership of the West Virginia Prosecuting Attorneys Association;
     (2) A representative chosen from the membership of the West Virginia Association of Counties;
     (3) The Commissioner of the Bureau of Public Health, or his or her designee;
     (4) A representative from the State Police Crime Laboratory;
     (5) A representative from the membership of the West Virginia Child Advocacy Network;
     (6) The President of the West Virginia Hospital Association, or his or her designee;
     (7) A representative from the membership of the West Virginia Foundation for Rape and Information Services;
     (8) A representative of the West Virginia University Forensic and Investigative Sciences Program; and
     (9) A representative of the Marshall University Forensic Science Center.
     If any of the representative organizations cease to exist, the director may select a person from a similar organization.
     The director may appoint the following additional members of the commission, as needed:
     (1) An emergency room physician;
     (2) A victim advocate from a rape crisis center;
     (3) A sexual assault nurse examiner;
     (4) A law-enforcement officer with experience in sexual assault investigations;
     (5) A health care provider with pediatric and child abuse expertise; and
     (6) A director of a child advocacy center.
     (c) The commission shall establish mandatory statewide protocols for conducting sexual assault forensic examinations, including designating locations and providers to perform forensic examinations, establishing minimum qualifications and procedures for performing forensic examinations and establishing protocols to assure the proper collection of evidence.
     (d) As used in this article, the word commission means the Sexual Assault Forensic Examination Commission.
§15-9B-2. Powers and duties of the commission.
     (a) The commission shall facilitate the recruitment and retention of qualified health care providers that are properly qualified to conduct forensic examinations. The commission shall work with county and regional officials to identify areas of greatest need and develop and implement recruitment and retention programs to help facilitate the effective collection of evidence.
     (b) The commission shall authorize minimum training requirements for providers conducting exams and establish a basic standard of care for victims of sexual assault. The commission may adopt necessary and reasonable requirements relating to establishment of a statewide training and forensic examination system, including, but not limited to, developing a data collection system to monitor adherence to established standards, assisting exam providers receive training and support services, advocating the fair and reasonable reimbursement to exam providers and to facilitate transportation services for victims to get to and from designated exam locations.
     (c) The commission shall approve local plans for each area of the state on a county or regional basis. If the commission deems necessary, it may add or remove a county or portion thereof from a region to assure that all areas of the state are included in an appropriate local plan. Upon the failure of any county or local region to propose a plan, the commission may implement a plan for that county or region.
     (d) Once a plan is approved by the commission, it can only be amended or otherwise altered as provided the rules authorized pursuant to subsection (e) of this section. Designated facilities and organizations providing services shall give the commission thirty days advance notice of their intent to withdraw from the plan. If there is a change of circumstances, that would require a change in a county or regional plan, the members of the local board and the state commission shall be notified.
     (e) The commission may propose rules for legislative approval, in accordance with article three, chapter twenty-nine-a of this code, necessary to implement this article.
§15-9B-3. Local Sexual Assault Forensic Examination Boards.
_____Each county prosecutor, or his or her designee, shall convene a Sexual Assault Forensic Examination Board, or may as an alternative, convene and chair the sexual assault response team in the county to act as the Sexual Assault Forensic Examination Board. If a regional board is authorized, all county prosecutors from the designated area shall be members of the board. The prosecutors shall assure that each board be proportionally representative of the designated region. Each board may vary in membership, but should include representatives from local health care facilities, local law enforcement, multidisciplinary investigative teams, county and municipal governments and victims advocates. Each county or regional board shall develop a local plan and protocols for the area, which will address, at a minimum, the following:
_____(1) Identify facilities that are appropriate for receipt and treatment of sexual assault victims;
_____(2) Evaluate the needs and available resources of the area, including the number of qualified physicians or nurses, or both, to facilitate and encourage twenty-four hour, seven day a week coverage;
_____(3) If availability of services are limited, or the remoteness of the region causes lack of adequate examination facilities or personnel, the local boards may designate local government or other resources to provide appropriate transport of victims to facilities where the victim can receive a timely and appropriate forensic examination; and
_____(4) Develop an alternative plan in case there is a change in circumstances to ensure continuity of service.

                                   Respectfully submitted,
          Barbara Evans Fleischauer,Art Kirkendoll,               
          Stephen Skinner,    Donald Cookman,
          John Ellem,Mitch Carmichael,
     Conferees on the partConferees on the part of
               of the House of Delegates.the Senate.

     On motion of Delegate Fleishchauer, 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. 479), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4236) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Delegate Lawrence from the Committee of Conference on matters of disagreement between the two houses as to
     H. B. 4619, Authorizing innovation school districts.
     Submitted the following report, which was received:
     Your Committee of Conference on the disagreeing votes of the two houses as to the Senate amendment to H. B. 4619, Authorizing innovation school districts, 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 and agree to the same as follows:
     On page four, section three, lines forty-eight through fifty- six, by striking out all of subsection (d) and inserting in lieu thereof a new subsection, designated subsection (d), to read as follows:
     (d) When designating innovation zones under these provisions following the amendment and reenactment of this section by the Legislature at its regular session 2014, and for each of the four succeeding school years, the state board shall establish a priority for applications that include the establishment of entrepreneurship education programs as a curricular offering for students. To qualify under this priority, the program strategy must include the active involvement of one or more partners from the business community in program delivery. Nothing in this subsection requires the state board to designate all applicants that include the establishment of entrepreneurship education programs as innovation zones, or to exclude other qualified applicants for innovations in other areas from designation.
     On page nine, section thirteen, lines eighty through eighty-eight, by striking out all of subsection (c) and inserting in lieu thereof a new subsection, designated subsection (c), to read as follows:
     (c) School System Eligibility:
     All county boards are eligible to apply for designation as an innovation school district: Provided, That a district that has expended funds or incurred obligations in violation of section twenty-six, article eight, chapter eleven of this code is not eligible to apply for designation as an innovation school district, unless otherwise determined by the state board. The applications shall be taken in four categories: Sparse Density County; Low Density County; Medium Density County; and High Density County, as those terms are defined in section two, article nine-a of this chapter. The state board is authorized to designate no more than one county from each category as an innovation school district beginning July 1, 2015: Provided, That the State Board, after July 1, 2016, may designate one additional county from each category as an innovation school district as long as the number of counties designated at any one time does not exceed two counties from each category as innovation school districts, subject to other considerations included herein. The designation of counties as innovation school districts shall be on a competitive basis.
     On page ten, section thirteen, line one hundred five, by striking out the word "two" and inserting in lieu thereof the words "number allowed by subsection (c) of this section".
     On page ten, section thirteen, line one hundred eight, by striking out the word "two" and inserting in lieu thereof the words "number allowed by subsection (c) of this section".
     On page sixteen, section thirteen, line two hundred nineteen, by striking out the word "hearings" and inserting in lieu thereof the words "town hall meetings".
     On page sixteen, section thirteen, line two hundred nineteen, by striking out "(2)" and inserting in lieu thereof "(4)".
     On page twenty, section thirteen, line three hundred thirteen, by striking out the word "thirty" and inserting in lieu thereof the word "sixty".
     On page twenty-three, section thirteen, line three hundred fifty-seven, by striking out "(l)" and inserting in lieu thereof "(i)".
     On page twenty-three, section thirteen, line three hundred seventy-six, by striking out "(m)" and inserting in lieu thereof "(j)".
     On page twenty-four, section thirteen, line three hundred eighty-two, by striking out "(o)" and inserting in lieu thereof "(k)".
     And,
     That both houses recede from their positions as to the title of the bill and agree to the same as follows:
     H. B. 4619 - "A Bill to amend and reenact §18-5B-3 of the Code of West Virginia, 1931, as amended; and to further amend said code by adding thereto a new section, designated §18-5B-13, all relating to School Innovation Zones Act; providing limited priority for limited years for certain entrepreneurship education innovation zones; authorizing innovation school districts; making legislative findings and providing intent and purpose of section; school system eligibility and application categories; providing for application process, review, content and periods; innovation school district plan purpose and content; plan development, approval and submission to state board; state board designation of innovation school districts; affect of designation and process for waiver of statutes, policies, rules and interpretations; limitation on waivers; revision and extension of plans; revocation of designation; affect of plan expiration on innovations; requiring state board rule; and annual review."
                                   Respectfully submitted,
          Tiffany Lawrence,Erik Wells,                 
          Adam Young,     Robert D. Beach,
          Roy Cooper,Evan H. Jenkins,
     Conferees on the partConferees on the part of
               of the House of Delegates.the Senate.

     On motion of Delegate Fleischauer, 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. 480), and there were--yeas 98, nays none absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4916) 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 from passage, a bill of the House of Delegates, as follows:
     Com. Sub. for H. B. 4455, Relating to the sale of wine and alcoholic liquors by licensed wineries, farm wineries, distilleries and mini-distilleries.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendment was reported by the Clerk:
     On page three, section three-a, line twenty-two, by striking out the word "eleven" and inserting in lieu thereof the word "ten".
     On motion of Delegate White, 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 passed, with amendment, a bill of the House of Delegates, as follows:
     H. B. 4588, Protecting unborn children who are capable of experiencing pain by prohibiting abortion after twenty weeks.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:

     On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
     "That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §16-2M-1, §16-2M-2, §16-2M-3, §16-2M-4, §16-2M-5 and §16-2M-6, all to read as follows:
ARTICLE 2M. THE PAIN-CAPABLE FETUS PROTECTION ACT.
§16-2M-1. Findings.
     The Legislature finds that there is substantial medical evidence that a fetus is capable of experiencing pain by twenty weeks after fertilization.
§16-2M-2. Definitions.
     For purposes of this article, the following words and phrases have the following meanings:
     (1) Attempt to perform or induce an abortion means an act or an omission of a statutorily required act that, under the circumstances as the person believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of the applicable provisions of this code.
     (2) Fertilization means the fusion of a human spermatozoon with a human ovum.
     (3) Fetus means the developing young in the uterus, specifically the unborn offspring in the postembryonic period from nine weeks after fertilization until birth.
     (4) Medical emergency means a condition that, on the basis of a reasonably prudent physicians reasonable medical judgment, so complicates the medical condition of a pregnant female that it necessitates the immediate abortion of her pregnancy without first determining post-fertilization age to avert her death or for which the delay necessary to determine post-fertilization age will create serious risk of substantial and irreversible physical impairment of a major bodily function.
     (5) Non-medically viable fetus means a fetus that contains sufficient fetal anomalies so as to render the fetus medically futile or incompatible with life outside the womb in the reasonable medical judgment of a reasonably prudent physician.
     (6) Physician means a person with an unlimited license to practice allopathic medicine pursuant to article three of chapter thirty of this code or osteopathic medicine pursuant fourteen of chapter thirty of this code.
     (7) Post-fertilization age means the age of the fetus as calculated from the fertilization of the human ovum.
     (8) Probable post-fertilization age of the fetus means, in reasonable medical judgment and with reasonable probability, the post-fertilization age of the fetus at the time an abortion is planned to be performed.
     (9) Reasonable medical judgment means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
§16-2M-3. Determination of post-fertilization age.
     Except in the case of a medical emergency or a non-medically viable fetus, no abortion may be performed or induced or be attempted to be performed or induced unless the physician performing or inducing it has first made a determination of the probable post-fertilization age of the fetus or relied upon such a determination made by another physician. In making this determination, the physician shall make such inquiries of the patient and perform or cause to be performed medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to perform in making an accurate diagnosis with respect to post- fertilization age.
§16-2M-4. Abortion of fetus of twenty or more weeks post-fertilization age prohibited.
     (a) No person may perform or induce, or attempt to perform or induce, an abortion upon a female when it has been determined, by the physician performing or inducing or attempting to perform or induce the abortion or by another physician upon whose determination that physician relies, that the probable post-fertilization age of the fetus is twenty or more weeks, unless in the reasonable medical judgment of a reasonably prudent physician there exists a non-medically viable fetus or the patient has a condition that, on the basis of a reasonably prudent physicians reasonable medical judgment, so complicates her medical condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function.
     (b) When an abortion upon a patient whose fetus has been determined to have a probable post- fertilization age of twenty or more weeks is not prohibited by subsection (a) of this section, the physician shall terminate the pregnancy in the manner which, in reasonable medical judgment, provides the best opportunity for the fetus to survive, unless, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the patient or of the substantial and irreversible physical impairment of a major bodily function of the patient than would other available methods.
§16-2M-5. Reporting.
     (a) Any physician who performs or induces an abortion shall report to the Bureau for Public Health. The reporting shall be on a schedule and on forms set forth by the Secretary of the Department of Health and Human Resources no later than December 31, 2014. The reports shall include the following information:
     (1) Post-fertilization age:
     (A) If a determination of probable post-fertilization age was made, whether ultrasound was employed in making the determination, and the week of probable post-fertilization age determined.
     (B) If a determination of probable post-fertilization age was not made, the basis of the determination that a medical emergency existed or that there existed a non-medically viable fetus.
     (2) Method of abortion;
     (3) If the probable post-fertilization age was determined to be twenty or more weeks, the basis of the determination that there existed a non-medically viable fetus or that the patient had a condition which so complicated the medical condition of the patient that it necessitated the abortion of her pregnancy in order to avert her death or avert a serious risk of substantial and irreversible physical impairment of a major bodily function; and
     (4) If the probable post-fertilization age was determined to be twenty or more weeks, whether the method of abortion used was one that, in reasonable medical judgment, provided the best opportunity for the fetus to survive and, if such a method was not used, the basis of the determination that termination of the pregnancy in that manner would pose a greater risk either of the death of the patient or of the substantial and irreversible physical impairment of a major bodily function of the patient than would other available methods.
     (b) Reports required by subsection (a) of this section may not contain the name or the address of the patient whose pregnancy was terminated nor may the report contain any information identifying the patient. These reports shall be maintained in strict confidence by the department, may not be available for public inspection, and may not be made available except pursuant to court order.
     (c) Beginning June 30, 2016, and annually thereafter, the Department of Health and Human Resources shall issue a public report providing statistics for the previous calendar year compiled from all of the reports covering that year submitted in accordance with this section for each of the items listed in subsection (a) of this section. Each report shall provide the statistics for all previous calendar years from the effective date of this section, adjusted to reflect any additional information from late or corrected reports. The Department of Health and Human Resources shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any patient upon whom an abortion was performed or induced.
§16-2M-6. Penalties.
     (a) Any person who intentionally or recklessly performs or induces an abortion in violation of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined up to $4,000.
     (b) No penalty may be assessed against any patient upon whom an abortion is performed or induced or attempted to be performed or induced."
     And by amending the title of the bill to read as follows:
     H. B. 4588 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2M-1, §16-2M-2, §16-2M-3, §16-2M-4, §16-2M-5 and §16-2M- 6, all relating to prohibiting certain abortions; stating legislative findings; defining terms; requiring a calculation of post-fertilization age before an abortion is performed or attempted, except in certain cases; prohibiting abortions when the post-fertilization age of the fetus is twenty weeks or more regardless of whether the fetus has reached the point of viability; creating certain exceptions to that prohibition; requiring a physician performing an abortion of a fetus that has a post-fertilization age of twenty weeks or more to use the process most likely to allow the fetus to survive, with certain exceptions; requiring reporting of all completed abortions and that the reports contain certain information regarding the abortion; requiring an annual public report that provides statistics of the abortions while keeping the identities of the persons involved confidential; creating a misdemeanor offense for a physician who intentionally and recklessly performs or induces an abortion in violation of this article; providing up to $4,000 fine upon conviction; and clarifying that no penalty may be assessed against a patient."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
     The bill, as amended by the Senate, was then put upon its passage.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 481), and there were--yeas 83, nays 15, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Barrett, Caputo, Guthrie, Hunt, Lawrence, Manypenny, Moore, Morgan, Perdue, Pethtel, M. Poling, Poore, Skinner, Sponaugle and Wells.
     Absent and Not Voting: J. Nelson and Raines.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4588) 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 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. 306, Budget Bill.
     On motion of Delegate White, 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 seven 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 Boggs, Reynolds, Williams, Perdue, Anderson, A. Evans and Canterbury.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     At 10:43 p.m., on motion of Delegate White, the House of Delegates recessed for twenty minutes, and reconvened at that time.
     Delegate Westfall asked and obtained unanimous consent that the remarks of Delegate McCuskey regarding Delegate Raines be printed in the Appendix to the Journal.
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. 4411, Allowing the disposal of drill cuttings and associated drilling waste generated from well sites in commercial solid waste facilities.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendment was reported by the Clerk:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 15. SOLID WASTE MANAGEMENT ACT.
§22-15-8. Limit on the size of solid waste facilities; rulemaking.

     (a) On and after October 1, 1991, it is unlawful to operate any commercial solid waste facility that handles between ten thousand and thirty thousand tons of solid waste per month, except as provided in section nine of this article and sections twenty-six, twenty-seven and twenty-eight, articles four and four-a, chapter twenty-two-c of this code.
     (b) Except as provided in section nine of this article, the maximum quantity of solid waste which may lawfully be received or disposed of at any commercial solid waste facility is thirty thousand tons per month.
     (c) The director secretary shall, within the limits contained in this article, place a limit on the amount of solid waste received or disposed of per month in commercial solid waste facilities. The director secretary shall consider at a minimum the following criteria in determining a commercial solid waste facility's monthly tonnage limit:
     (1) The proximity and potential impact of the solid waste facility upon groundwater, surface water and potable water;
     (2) The projected life and design capacity of the solid waste facility;
     (3) The available air space, lined acreage, equipment type and size, adequate personnel and wastewater treatment capabilities; and
     (4) Other factors related to the environmentally safe and efficient disposal of solid waste.
     (d) Within the limits established in this article, the director secretary shall determine the amount of sewage sludge which may be safely treated, stored, processed, composted, dumped or placed in a solid waste facility.
     (e) The director secretary shall promulgate emergency rules and propose for legislative promulgation, legislative rules pursuant to the provisions of article three, chapter twenty-nine-a of this code, to effectuate the requirements of this section. When developing the rules, the director secretary shall consider at a minimum the potential impact of the treatment, storage, processing, composting, dumping or placing sewage sludge at a solid waste facility:
     (1) On the groundwater, surface waters and potable waters in the area;
     (2) On the air quality in the area;
     (3) On the projected life and design capacity of the solid waste facility;
     (4) On the available air space, lined acreage, equipment type and size, personnel and wastewater treatment capabilities;
     (5) The facility's ability to adequately develop markets and market the product which results from the proper treatment of sewage sludge; and
     (6) Other factors related to the environmentally safe and efficient treatment, storage, processing, composting, dumping or placing of sewage sludge at a solid waste facility.
     (f) Sewage sludge disposed of at a landfill must contain at least twenty percent solid by weight. This requirement may be met by adding or blending sand, sawdust, lime, leaves, soil or other materials that have been approved by the director secretary prior to disposal. Alternative sewage sludge disposal methods can be utilized upon obtaining written approval from the director secretary. No facility may accept for land filling in any month sewage sludge in excess of twenty-five percent of the total tons of solid waste accepted at the facility for land filling in the preceding month.
     (g) Notwithstanding any other provision of this code to the contrary, a commercial solid waste facility that is not located in a county in a karst region as determined by the West Virginia Geologic and Economic Survey may lawfully receive drill cuttings and drilling waste generated from horizontal well sites above the monthly tonnage limits of the commercial solid waste facility under the following conditions and limitations:
_____(1)(A) The drill cuttings and associated drilling waste are placed in a separate cell dedicated solely to the disposal of drill cuttings and drilling waste; and
_____(B) The separate cell dedicated to drill cuttings and associated drilling waste is constructed pursuant to the standards set out in this article and Legislative rules promulgated thereunder; and
_____(C) The facility has obtained any certificate of need, or amended certificate of need, authorizing such separate cell as may be required by the public service commission in accordance with section one-c, article two, chapter twenty-four of this code.
_____(2) The secretary may only allow those solid waste facilities that applied by December 31, 2013 for a permit modification to construct a separate cell for drill cuttings and associated drilling waste, to accept drill cuttings and associated drilling waste at its commercial solid waste facility without counting the deposited drill cuttings and associated drilling waste towards the landfill's permitted monthly tonnage limits, until September 30, 2014.
_____(3) No solid waste facility may exclude or refuse to take municipal solid waste in the quantity up to and including its permitted tonnage limit while the facility is allowed to lawfully receive drill cuttings or drilling waste above its permitted tonnage limits.
_____
(h) Any solid waste facility taking drill cuttings and drilling waste must install radiation monitors by January 1, 2015. The secretary shall promulgate emergency and legislative rules to establish limits for unique toxins associated with drill cuttings and drilling waste including, but not limited to heavy metals, petroleum-related chemicals, (benezene, tluene, xylene, barium, chlorides, radium and radon and establish the procedures the facility must follow if that limit is exceeded: Provided, That said rules shall establish and set forth a procedure to provide that any detected radiation readings above any established radiation limits will require that the solid waste landfill immediately cease accepting all affected drill cuttings and drilling waste until the secretary has inspected said landfill and certified pursuant to established rules and regulations that radiation levels have returned to below the established radiation limits. Any truck load of drill cuttings or drilling waste which exceeds the radiation reading limits shall not be allowed to enter the landfill until inspected and approved by the Department of Environmental Protection.
_____(i) The total amount of waste received at a commercial solid waste landfill with one or more operating cells on its property may not exceed the total volume of its permitted capacity for that facility in any month, and the quantities of drill cuttings and drilling waste received at that facility shall be counted and applied toward the facility's established tonnage cap.
_____(j) On or before January 1, 2015, the secretary shall submit an investigation and report to the Joint Legislative Oversight Commission on Water Resources and the Legislature's Joint Committee on Government and Finance which examines: (1) The hazardous characteristics of leachate collected from solid waste facilities receiving drill cuttings and drilling waste, including but not limite to the presence of heavy metals, petroleum related chemicals (benzene, toluene, xylene, etc.) barium, chlorides, radium and radon; (2) the potential negative impacts on the surface water or groundwater resources of this state associated with the collection, treatment and disposal of leachate from such landfills; and (3) the technical and economic feasibility and benefits of establishing additional and/or separate disposal locations which are funded, constructed, owned and/or operated by the oil and gas industry.
§22-15-11. Solid waste assessment fee; penalties.
     (a) Imposition. -- A solid waste assessment fee is hereby imposed upon the disposal of solid waste at any solid waste disposal facility in this state in the amount of one dollar and seventy-five cents per ton or part thereof of solid waste. The fee imposed by this section is in addition to all other fees and taxes levied by law and shall be added to and constitute part of any other fee charged by the operator or owner of the solid waste disposal facility.
     (b) Collection, return, payment and records. -- The person disposing of solid waste at the solid waste disposal facility shall pay the fee imposed by this section, whether or not such person owns the solid waste, and the fee shall be collected by the operator of the solid waste facility who shall remit it to the tax commissioner.
     (1) The fee imposed by this section accrues at the time the solid waste is delivered to the solid waste disposal facility.
     (2) The operator shall remit the fee imposed by this section to the tax commissioner on or before the fifteenth day of the month next succeeding the month in which the fee accrued. Upon remittance of the fee, the operator is required to file returns on forms and in the manner as prescribed by the tax commissioner.
     (3) The operator shall account to the state for all fees collected under this section and shall hold them in trust for the state until remitted to the tax commissioner.
     (4) If any operator fails to collect the fee imposed by this section, he or she is personally liable for such amount as he or she failed to collect, plus applicable additions to tax, penalties and interest imposed by article ten, chapter eleven of this code.
     (5) Whenever any operator fails to collect, truthfully account for, remit the fee or file returns with the fee as required in this section, the tax commissioner may serve written notice requiring such operator to collect the fees which become collectible after service of such notice, to deposit such fees in a bank approved by the tax commissioner, in a separate account, in trust for and payable to the tax commissioner and to keep the amount of such fees in such account until remitted to the tax commissioner. Such notice remains in effect until a notice of cancellation is served on the operator or owner by the tax commissioner.
     (6) Whenever the owner of a solid waste disposal facility leases the solid waste facility to an operator, the operator is primarily liable for collection and remittance of the fee imposed by this section and the owner is secondarily liable for remittance of the fee imposed by this section. However, if the operator fails, in whole or in part, to discharge his or her obligations under this section, the owner and the operator of the solid waste facility are jointly and severally responsible and liable for compliance with the provisions of this section.
     (7) If the operator or owner responsible for collecting the fee imposed by this section is an association or corporation, the officers thereof are liable, jointly and severally, for any default on the part of the association or corporation, and payment of the fee and any additions to tax, penalties and interest imposed by article ten, chapter eleven of this code may be enforced against them as against the association or corporation which they represent.
     (8) Each person disposing of solid waste at a solid waste disposal facility and each person required to collect the fee imposed by this section shall keep complete and accurate records in such form as the tax commissioner may require in accordance with the rules of the tax commissioner.
     (c) Regulated motor carriers. -- The fee imposed by this section and section twenty-two, article five, chapter seven of this code is considered a necessary and reasonable cost for motor carriers of solid waste subject to the jurisdiction of the public service commission under chapter twenty-four-a of this code. Notwithstanding any provision of law to the contrary, upon the filing of a petition by an affected motor carrier, the public service commission shall, within fourteen days, reflect the cost of said fee in said motor carrier's rates for solid waste removal service. In calculating the amount of said fee to said motor carrier, the commission shall use the national average of pounds of waste generated per person per day as determined by the United States Environmental Protection Agency.
     (d) Definition of solid waste disposal facility. -- For purposes of this section, the term 'solid waste disposal facility' means any approved solid waste facility or open dump in this state, and includes a transfer station when the solid waste collected at the transfer station is not finally disposed of at a solid waste disposal facility within this state that collects the fee imposed by this section. Nothing herein authorizes in any way the creation or operation of or contribution to an open dump.
     (e) Exemptions. -- The following transactions are exempt from the fee imposed by this section:
     (1) Disposal of solid waste at a solid waste disposal facility by the person who owns, operates or leases the solid waste disposal facility if the facility is used exclusively to dispose of waste originally produced by such person in such person's regular business or personal activities or by persons utilizing the facility on a cost-sharing or nonprofit basis;
     (2) Reuse or recycling of any solid waste;
     (3) Disposal of residential solid waste by an individual not in the business of hauling or disposing of solid waste on such days and times as designated by the director secretary is exempt from the solid waste assessment fee; and
     (4) Disposal of solid waste at a solid waste disposal facility by a commercial recycler which disposes of thirty percent or less of the total waste it processes for recycling. In order to qualify for this exemption each commercial recycler must keep accurate records of incoming and outgoing waste by weight. Such records must be made available to the appropriate inspectors from the division, upon request.
     (f) Procedure and administration. -- Notwithstanding section three, article ten, chapter eleven of this code, each and every provision of the 'West Virginia Tax Procedure and Administration Act' set forth in article ten, chapter eleven of this code shall apply to the fee imposed by this section with like effect as if said act were applicable only to the fee imposed by this section and were set forth in extenso herein.
     (g) Criminal penalties. -- Notwithstanding section two, article nine, chapter eleven of this code, sections three through seventeen, article nine, chapter eleven of this code shall apply to the fee imposed by this section with like effect as if said sections were applicable only to the fee imposed by this section and were set forth in extenso herein.
     (h) Dedication of proceeds. -- The net proceeds of the fee collected by the tax commissioner pursuant to this section shall be deposited at least monthly in an account designated by the director secretary. The director secretary shall allocate twenty-five cents for each ton of solid waste disposed of in this state upon which the fee imposed by this section is collected and shall deposit the total amount so allocated into the 'Solid Waste Reclamation and Environmental Response Fund' to be expended for the purposes hereinafter specified. The first one million dollars of the net proceeds of the fee imposed by this section collected in each fiscal year shall be deposited in the 'Solid Waste Enforcement Fund' and expended for the purposes hereinafter specified. The next two hundred fifty thousand dollars of the net proceeds of the fee imposed by this section collected in each fiscal year shall be deposited in the 'Solid Waste Management Board Reserve Fund', and expended for the purposes hereinafter specified: Provided, That in any year in which the water development authority determines that the solid waste management board reserve fund is adequate to defer any contingent liability of the fund, the water development authority shall so certify to the director secretary and the director secretary shall then cause no less than fifty thousand dollars nor more than two hundred fifty thousand dollars to be deposited to the fund: Provided, however, That in any year in which the water development authority determines that the solid waste management board reserve fund is inadequate to defer any contingent liability of the fund, the water development authority shall so certify to the director secretary and the director secretary shall then cause not less than two hundred fifty thousand dollars nor more than five hundred thousand dollars to be deposited in the fund: Provided further, That if a facility owned or operated by the state of West Virginia is denied site approval by a county or regional solid waste authority, and if such denial contributes, in whole or in part, to a default, or drawing upon a reserve fund, on any indebtedness issued or approved by the solid waste management board, then in that event the solid waste management board or its fiscal agent may withhold all or any part of any funds which would otherwise be directed to such county or regional authority and shall deposit such withheld funds in the appropriate reserve fund. The director secretary shall allocate the remainder, if any, of said net proceeds among the following three special revenue accounts for the purpose of maintaining a reasonable balance in each special revenue account, which are hereby continued in the State Treasury:
     (1) The 'Solid Waste Enforcement Fund' which shall be expended by the director secretary for administration, inspection, enforcement and permitting activities established pursuant to this article;
     (2) The 'Solid Waste Management Board Reserve Fund' which shall be exclusively dedicated to providing a reserve fund for the issuance and security of solid waste disposal revenue bonds issued by the solid waste management board pursuant to article three, chapter twenty-two-c of this code;
     (3) The 'Solid Waste Reclamation and Environmental Response Fund' which may be expended by the director secretary for the purposes of reclamation, cleanup and remedial actions intended to minimize or mitigate damage to the environment, natural resources, public water supplies, water resources and the public health, safety and welfare which may result from open dumps or solid waste not disposed of in a proper or lawful manner.
     (i) Findings. -- In addition to the purposes and legislative findings set forth in section one of this article, the Legislature finds as follows:
     (1) In-state and out-of-state locations producing solid waste should bear the responsibility of disposing of said solid waste or compensate other localities for costs associated with accepting such solid waste;
     (2) The costs of maintaining and policing the streets and highways of the state and its communities are increased by long distance transportation of large volumes of solid waste; and
     (3) Local approved solid waste facilities are being prematurely depleted by solid waste originating from other locations.
     (j) The 'Gas Field Highway Repair and Horizontal Drilling Waste Study Fund' is hereby created as a special revenue fund in the State Treasury to be administered by West Virginia division of highways and to be expended only on the improvement, maintenance, and repair of public roads of three lanes or less located in the wasteshed from which the revenue was received that are identified by the commissioner of highways as having been damaged by trucks and other traffic associated with horizontal well drilling sites or the disposal of waste generated by such sites, and that experience congestion caused, in whole or in part, by such trucks and traffic that interferes with the use of said roads by residents in the vicinity of such roads: Provided, That up to $750,000 from such fund shall be made available to the Department of Environmental Protection from the same fund to offset contracted costs incurred by that Division of Environmental Protection while undertaking the horizontal drilling waste disposal studies mandated by the provisions of subsection (j), section eight of this article. Any balance remaining in the special revenue account at the end of any fiscal year shall not revert to the General Revenue Fund but shall remain in the special revenue account and shall be used solely in a manner consistent with this section. The fund shall consist of the fee provided for in subsection (k) of this section.
_____
(k) Horizontal drilling waste assessment fee--An additional solid waste assessment fee is hereby imposed upon the disposal of drill cuttings and drilling waste generated by horizontal well sites in the amount of one dollar per ton, which fee is in addition to all other fees and taxes levied by this section or otherwise and shall be added to and constitute part of any other fee charged by the operator or owner of the solid waste disposal facility: Provided, That the horizontal drilling waste assessment fee shall be collected and administered in the same manner as the solid waste assessment fee imposed by this section, but shall be imposed only upon the disposal of drill cuttings and drilling waste generated by horizontal well sites."
     And,
     By amending the title of the bill to read as follows:
     Com. Sub. for H. B. 4411 - "A Bill to amend and reenact §22-15-8 and §22-15-11 of the Code of West Virginia, 1931, as amended, all relating to the disposal of drill cuttings and associated drilling waste generated from well sites at commercial solid waste facilities; allowing for the receipt of additional drilling waste at certain commercial solid waste facilities above the facility's existing tonnage limit if certain conditions are met; recognizing the facility's continuing obligation to receive municipal solid waste while exceeding its permitted tonnage caps; requiring radiation and leachate monitoring at all facilities receiving drill cuttings and drilling waste; establishing minimum requirements for the monitoring program; requiring the investigation and report by the department of environmental protection to the legislature on specified issues associated with the disposal of drill cuttings and drilling wastes at landfills; required scope of study; establishing deadlines, effective dates; creating a special revenue fund in the state treasury; establishing an additional solid waste fee; and requiring the promulgation of emergency and legislative rules."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendment with further amendment, on page two, immediately following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 15. SOLID WASTE MANAGEMENT ACT.
§22-15-8. Limit on the size of solid waste facilities; rulemaking.

     (a) On and after October 1, 1991, it is unlawful to operate any commercial solid waste facility that handles between ten thousand and thirty thousand tons of solid waste per month, except as provided in section nine of this article and sections twenty-six, twenty-seven and twenty-eight, articles four and four-a, chapter twenty-two-c of this code.
     (b) Except as provided in section nine of this article, the maximum quantity of solid waste which may lawfully be received or disposed of at any commercial solid waste facility is thirty thousand tons per month.
     (c) The director secretary shall, within the limits contained in this article, place a limit on the amount of solid waste received or disposed of per month in commercial solid waste facilities. The director secretary shall consider at a minimum the following criteria in determining a commercial solid waste facilitys monthly tonnage limit:
     (1) The proximity and potential impact of the solid waste facility upon groundwater, surface water and potable water;
     (2) The projected life and design capacity of the solid waste facility;
     (3) The available air space, lined acreage, equipment type and size, adequate personnel and wastewater treatment capabilities; and
     (4) Other factors related to the environmentally safe and efficient disposal of solid waste.
     (d) Within the limits established in this article, the director secretary shall determine the amount of sewage sludge which may be safely treated, stored, processed, composted, dumped or placed in a solid waste facility.
     (e) The director secretary shall promulgate emergency rules and propose for legislative promulgation, legislative rules pursuant to the provisions of article three, chapter twenty-nine-a of this code, to effectuate the requirements of this section. When developing the rules, the director secretary shall consider at a minimum the potential impact of the treatment, storage, processing, composting, dumping or placing sewage sludge at a solid waste facility:
     (1) On the groundwater, surface waters and potable waters in the area;
     (2) On the air quality in the area;
     (3) On the projected life and design capacity of the solid waste facility;
     (4) On the available air space, lined acreage, equipment type and size, personnel and wastewater treatment capabilities;
     (5) The facilitys ability to adequately develop markets and market the product which results from the proper treatment of sewage sludge; and
     (6) Other factors related to the environmentally safe and efficient treatment, storage, processing, composting, dumping or placing of sewage sludge at a solid waste facility.
     (f) Sewage sludge disposed of at a landfill must contain at least twenty percent solid by weight. This requirement may be met by adding or blending sand, sawdust, lime, leaves, soil or other materials that have been approved by the director secretary prior to disposal. Alternative sewage sludge disposal methods can be utilized upon obtaining written approval from the director secretary. No facility may accept for land filling in any month sewage sludge in excess of twenty-five percent of the total tons of solid waste accepted at the facility for land filling in the preceding month.
     (g) Notwithstanding any other provision of this code to the contrary, a commercial solid waste facility that is not located in a county in a karst region as determined by the West Virginia Geologic and Economic Survey may lawfully receive drill cuttings and drilling waste generated from horizontal well sites above the monthly tonnage limits of the commercial solid waste facility under the following conditions and limitations:
_____(1)(A) The drill cuttings and associated drilling waste are placed in a separate cell dedicated solely to the disposal of drill cuttings and drilling waste; and
_____(B) The separate cell dedicated to drill cuttings and associated drilling waste is constructed pursuant to the standards set out in this article and Legislative rules promulgated thereunder; and
_____(C) On or before March 8, 2014, the facility has either obtained any certificate of need, or amended certificate of need, or has a pending application for a certificate or amended certificate of need, authorizing such separate cell as may be required by the public service commission in accordance with section one-c, article two, chapter twenty-four of this code.
_____(2) The secretary may only allow those solid waste facilities that applied by December 31, 2013 for a permit modification to construct a separate cell for drill cuttings and associated drilling waste, to accept drill cuttings and associated drilling waste at its commercial solid waste facility without counting the deposited drill cuttings and associated drilling waste towards the landfills permitted monthly tonnage limits, until September 30, 2014.
_____(3) No solid waste facility may exclude or refuse to take municipal solid waste in the quantity up to and including its permitted tonnage limit while the facility is allowed to lawfully receive drill cuttings or drilling waste above its permitted tonnage limits.
_____
(h) Any solid waste facility taking drill cuttings and drilling waste must install radiation monitors by January 1, 2015. The secretary shall promulgate emergency and legislative rules to establish limits for unique toxins associated with drill cuttings and drilling waste including, but not limited to heavy metals, petroleum-related chemicals, (benzene, toluene, xylene, barium, chlorides, radium and radon) and establish the procedures the facility must follow if that limit is exceeded: Provided, That said rules shall establish and set forth a procedure to provide that any detected radiation readings above any established radiation limits will require that the solid waste landfill immediately cease accepting all affected drill cuttings and drilling waste until the secretary has inspected said landfill and certified pursuant to established rules and regulations that radiation levels have returned to below the established radiation limits. Any truck load of drill cuttings or drilling waste which exceeds the radiation reading limits shall not be allowed to enter the landfill until inspected and approved by the Department of Environmental Protection.
_____(i) Except for facilities which meet the requirements of (g)(1) of this section, the total amount of waste received at a commercial solid waste landfill with one or more operating cells on its property may not exceed the total volume of its permitted capacity for that facility in any month, and the quantities of drill cuttings and drilling waste received at that facility shall be counted and applied toward the facilitys established tonnage cap.
_____(j) On or before January 1, 2015, the secretary shall submit an investigation and report to the Joint Legislative Oversight Commission on Water Resources and the Legislatures Joint Committee on Government and Finance which examines: (1) The hazardous characteristics of leachate collected from solid waste facilities receiving drill cuttings and drilling waste, including but not limited to the presence of heavy metals, petroleum related chemicals (benzene, toluene, xylene, etc.) barium, chlorides, radium and radon; (2) the potential negative impacts on the surface water or groundwater resources of this state associated with the collection, treatment and disposal of leachate from such landfills; and (3) the technical and economic feasibility and benefits of establishing additional and/or separate disposal locations which are funded, constructed, owned and/or operated by the oil and gas industry.
§22-15-11. Solid waste assessment fee; penalties.
     (a) Imposition. -- A solid waste assessment fee is hereby imposed upon the disposal of solid waste at any solid waste disposal facility in this state in the amount of one dollar and seventy-five cents per ton or part thereof of solid waste. The fee imposed by this section is in addition to all other fees and taxes levied by law and shall be added to and constitute part of any other fee charged by the operator or owner of the solid waste disposal facility.
     (b) Collection, return, payment and records. -- The person disposing of solid waste at the solid waste disposal facility shall pay the fee imposed by this section, whether or not such person owns the solid waste, and the fee shall be collected by the operator of the solid waste facility who shall remit it to the tax commissioner.
     (1) The fee imposed by this section accrues at the time the solid waste is delivered to the solid waste disposal facility.
     (2) The operator shall remit the fee imposed by this section to the tax commissioner on or before the fifteenth day of the month next succeeding the month in which the fee accrued. Upon remittance of the fee, the operator is required to file returns on forms and in the manner as prescribed by the tax commissioner.
     (3) The operator shall account to the state for all fees collected under this section and shall hold them in trust for the state until remitted to the tax commissioner.
     (4) If any operator fails to collect the fee imposed by this section, he or she is personally liable for such amount as he or she failed to collect, plus applicable additions to tax, penalties and interest imposed by article ten, chapter eleven of this code.
     (5) Whenever any operator fails to collect, truthfully account for, remit the fee or file returns with the fee as required in this section, the tax commissioner may serve written notice requiring such operator to collect the fees which become collectible after service of such notice, to deposit such fees in a bank approved by the tax commissioner, in a separate account, in trust for and payable to the tax commissioner and to keep the amount of such fees in such account until remitted to the tax commissioner. Such notice remains in effect until a notice of cancellation is served on the operator or owner by the tax commissioner.
     (6) Whenever the owner of a solid waste disposal facility leases the solid waste facility to an operator, the operator is primarily liable for collection and remittance of the fee imposed by this section and the owner is secondarily liable for remittance of the fee imposed by this section. However, if the operator fails, in whole or in part, to discharge his or her obligations under this section, the owner and the operator of the solid waste facility are jointly and severally responsible and liable for compliance with the provisions of this section.
     (7) If the operator or owner responsible for collecting the fee imposed by this section is an association or corporation, the officers thereof are liable, jointly and severally, for any default on the part of the association or corporation, and payment of the fee and any additions to tax, penalties and interest imposed by article ten, chapter eleven of this code may be enforced against them as against the association or corporation which they represent.
     (8) Each person disposing of solid waste at a solid waste disposal facility and each person required to collect the fee imposed by this section shall keep complete and accurate records in such form as the tax commissioner may require in accordance with the rules of the tax commissioner.
     (c) Regulated motor carriers. -- The fee imposed by this section and section twenty-two, article five, chapter seven of this code is considered a necessary and reasonable cost for motor carriers of solid waste subject to the jurisdiction of the public service commission under chapter twenty-four-a of this code. Notwithstanding any provision of law to the contrary, upon the filing of a petition by an affected motor carrier, the public service commission shall, within fourteen days, reflect the cost of said fee in said motor carriers rates for solid waste removal service. In calculating the amount of said fee to said motor carrier, the commission shall use the national average of pounds of waste generated per person per day as determined by the United States Environmental Protection Agency.
     (d) Definition of solid waste disposal facility. -- For purposes of this section, the term solid waste disposal facility means any approved solid waste facility or open dump in this state, and includes a transfer station when the solid waste collected at the transfer station is not finally disposed of at a solid waste disposal facility within this state that collects the fee imposed by this section. Nothing herein authorizes in any way the creation or operation of or contribution to an open dump.
     (e) Exemptions. -- The following transactions are exempt from the fee imposed by this section:
     (1) Disposal of solid waste at a solid waste disposal facility by the person who owns, operates or leases the solid waste disposal facility if the facility is used exclusively to dispose of waste originally produced by such person in such persons regular business or personal activities or by persons utilizing the facility on a cost-sharing or nonprofit basis;
     (2) Reuse or recycling of any solid waste;
     (3) Disposal of residential solid waste by an individual not in the business of hauling or disposing of solid waste on such days and times as designated by the director secretary is exempt from the solid waste assessment fee; and
     (4) Disposal of solid waste at a solid waste disposal facility by a commercial recycler which disposes of thirty percent or less of the total waste it processes for recycling. In order to qualify for this exemption each commercial recycler must keep accurate records of incoming and outgoing waste by weight. Such records must be made available to the appropriate inspectors from the division, upon request.
     (f) Procedure and administration. -- Notwithstanding section three, article ten, chapter eleven of this code, each and every provision of the 'West Virginia Tax Procedure and Administration Act' set forth in article ten, chapter eleven of this code shall apply to the fee imposed by this section with like effect as if said act were applicable only to the fee imposed by this section and were set forth in extenso herein.
     (g) Criminal penalties. -- Notwithstanding section two, article nine, chapter eleven of this code, sections three through seventeen, article nine, chapter eleven of this code shall apply to the fee imposed by this section with like effect as if said sections were applicable only to the fee imposed by this section and were set forth in extenso herein.
     (h) Dedication of proceeds. -- The net proceeds of the fee collected by the tax commissioner pursuant to this section shall be deposited at least monthly in an account designated by the director secretary. The director secretary shall allocate twenty-five cents for each ton of solid waste disposed of in this state upon which the fee imposed by this section is collected and shall deposit the total amount so allocated into the Solid Waste Reclamation and Environmental Response Fund to be expended for the purposes hereinafter specified. The first one million dollars of the net proceeds of the fee imposed by this section collected in each fiscal year shall be deposited in the 'Solid Waste Enforcement Fund' and expended for the purposes hereinafter specified. The next two hundred fifty thousand dollars of the net proceeds of the fee imposed by this section collected in each fiscal year shall be deposited in the 'Solid Waste Management Board Reserve Fund', and expended for the purposes hereinafter specified: Provided, That in any year in which the water development authority determines that the solid waste management board reserve fund is adequate to defer any contingent liability of the fund, the water development authority shall so certify to the director secretary and the director secretary shall then cause no less than fifty thousand dollars nor more than two hundred fifty thousand dollars to be deposited to the fund: Provided, however, That in any year in which the water development authority determines that the solid waste management board reserve fund is inadequate to defer any contingent liability of the fund, the water development authority shall so certify to the director secretary and the director secretary shall then cause not less than two hundred fifty thousand dollars nor more than five hundred thousand dollars to be deposited in the fund: Provided further, That if a facility owned or operated by the state of West Virginia is denied site approval by a county or regional solid waste authority, and if such denial contributes, in whole or in part, to a default, or drawing upon a reserve fund, on any indebtedness issued or approved by the solid waste management board, then in that event the solid waste management board or its fiscal agent may withhold all or any part of any funds which would otherwise be directed to such county or regional authority and shall deposit such withheld funds in the appropriate reserve fund. The director secretary shall allocate the remainder, if any, of said net proceeds among the following three special revenue accounts for the purpose of maintaining a reasonable balance in each special revenue account, which are hereby continued in the State Treasury:
     (1) The Solid Waste Enforcement Fund which shall be expended by the director secretary for administration, inspection, enforcement and permitting activities established pursuant to this article;
     (2) The 'Solid Waste Management Board Reserve Fund' which shall be exclusively dedicated to providing a reserve fund for the issuance and security of solid waste disposal revenue bonds issued by the solid waste management board pursuant to article three, chapter twenty-two-c of this code;
     (3) The Solid Waste Reclamation and Environmental Response Fund which may be expended by the director secretary for the purposes of reclamation, cleanup and remedial actions intended to minimize or mitigate damage to the environment, natural resources, public water supplies, water resources and the public health, safety and welfare which may result from open dumps or solid waste not disposed of in a proper or lawful manner.
     (i) Findings. -- In addition to the purposes and legislative findings set forth in section one of this article, the Legislature finds as follows:
     (1) In-state and out-of-state locations producing solid waste should bear the responsibility of disposing of said solid waste or compensate other localities for costs associated with accepting such solid waste;
     (2) The costs of maintaining and policing the streets and highways of the state and its communities are increased by long distance transportation of large volumes of solid waste; and
     (3) Local approved solid waste facilities are being prematurely depleted by solid waste originating from other locations.
     (j) The 'Gas Field Highway Repair and Horizontal Drilling Waste Study Fund' is hereby created as a special revenue fund in the State Treasury to be administered by West Virginia division of highways and to be expended only on the improvement, maintenance, and repair of public roads of three lanes or less located in the watershed from which the revenue was received that are identified by the commissioner of highways as having been damaged by trucks and other traffic associated with horizontal well drilling sites or the disposal of waste generated by such sites, and that experience congestion caused, in whole or in part, by such trucks and traffic that interferes with the use of said roads by residents in the vicinity of such roads: Provided, That up to $750,000 from such fund shall be made available to the Department of Environmental Protection from the same fund to offset contracted costs incurred by that Division of Environmental Protection while undertaking the horizontal drilling waste disposal studies mandated by the provisions of subsection (j), section eight of this article. Any balance remaining in the special revenue account at the end of any fiscal year shall not revert to the General Revenue Fund but shall remain in the special revenue account and shall be used solely in a manner consistent with this section. The fund shall consist of the fee provided for in subsection (k) of this section.
_____
(k) Horizontal drilling waste assessment fee--An additional solid waste assessment fee is hereby imposed upon the disposal of drill cuttings and drilling waste generated by horizontal well sites in the amount of one dollar per ton, which fee is in addition to all other fees and taxes levied by this section or otherwise and shall be added to and constitute part of any other fee charged by the operator or owner of the solid waste disposal facility: Provided, That the horizontal drilling waste assessment fee shall be collected and administered in the same manner as the solid waste assessment fee imposed by this section, but shall be imposed only upon the disposal of drill cuttings and drilling waste generated by horizontal well sites."
     And,
     By amending the title of the bill to read as follows:
     Com. Sub. for H. B. 4411 - "A Bill to amend and reenact §22-15-8 and §22-15-11 of the Code of West Virginia, 1931, as amended, all relating to the disposal of drill cuttings and associated drilling waste generated from well sites at commercial solid waste facilities; allowing for the receipt of additional drilling waste at certain commercial solid waste facilities above the facilitys existing tonnage limit if certain conditions are met; recognizing the facilitys continuing obligation to receive municipal solid waste while exceeding its permitted tonnage caps; requiring radiation and leachate monitoring at all facilities receiving drill cuttings and drilling waste; establishing minimum requirements for the monitoring program; requiring the investigation and report by the department of environmental protection to the legislature on specified issues associated with the disposal of drill cuttings and drilling wastes at landfills; required scope of study; establishing deadlines, effective dates; creating a special revenue fund in the state treasury; establishing an additional solid waste fee; and requiring the promulgation of emergency and legislative rules."
     The bill, as amended by the Senate and further amended by the House, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 482), and there were--yeas 70, nays 14, absent and not voting 16, with the nays and absent and not voting being as follows:
     Nays: Ambler, Cadle, Canterbury, Cowles, Espinosa, Faircloth, Folk, Howell, Kump, Lawrence, Manypenny, Overington, Skinner and Westfall.
     Absent and Not Voting: Barrett, Craig, Diserio, Eldridge, Ferro, Moore, Moye, J. Nelson, Perdue, R. Phillips, Raines, Skaff, Sponaugle, Stephens, Tomblin and Walters.
     So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4411) passed.
     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. 4139, Restricting parental rights of child custody and visitation when the child was conceived as a result of a sexual assault or sexual abuse.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
     "That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §48-9-209a, to read as follows:
ARTICLE 9. ALLOCATION OF CUSTODIAL RESPONSIBILITY AND DECISION-MAKING RESPONSIBILITY OF CHILDREN.
Part 2 - Parenting Plans

§48-9-209a. Child conceived as result of sexual assault or sexual abuse by a parent; rights of a biological parent convicted of sexual assault or abuse; post-conviction cohabitation; rebuttable presumption upon separation or divorce.
     
(a) Except as otherwise provided in this section, if a child c
ustodial responsibility or parenting time dispute involves a child who is conceived as a result of acts by which one of the childs biological parents has been convicted of sexual assault, pursuant to section three, four or five, article eight-b, chapter sixty-one of this code, or of sexual abuse by a parent, guardian or custodian, pursuant to section five, article eight-d, chapter sixty-one of this code, the court shall not allocate custodial responsibility to the biological parent convicted of the sexual assault, and the convicted parent has no right to parenting time with the child unless the court finds by clear and convincing evidence set forth in written findings that it is in the best interests of the child, adequately protects the child and the victim of the sexual offense and that the person or persons with custodial responsibility of the child consent thereto.
     (b) Subsection (a) does not apply if:
     (1) The biological parents are husband and wife at the time of the offense and, after the date of conviction, cohabit and establish a mutual custodial environment for the child; or
     (2) After the date of conviction, the unmarried biological parents cohabit and establish a mutual custodial environment for the child.
     (c) If persons described by subsection (b) of this section later separate or divorce, the conviction of sexual assault, pursuant to section three, four or five, article eight-b, chapter sixty-one of this code, or of sexual abuse by a parent, guardian or custodian, pursuant to section five, article eight-d, chapter sixty-one of this code creates a rebuttable presumption that exclusive or shared custodial responsibility of the child by the perpetrator of the offense is not in the best interests of the child. The convicted parent has no right to parenting time with the child unless the court finds by clear and convincing evidence set forth in written findings that, despite the rebuttable presumption required by this subsection, a custodial responsibility or parenting time arrangement with the convicted parent is in the best interests of the child, adequately protects the child and the victim of the sexual offense, and that the victim of the sexual offense consents thereto.
     (d) A denial of custodial responsibility or parenting time under this section does not by itself terminate the parental rights of the person denied custodial responsibility or parenting time, nor does it affect the obligation of the person to support the minor child."

     And,
     By amending the title of the bill to read as follows:
     Com. Sub. for H. B. 4139 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-9-209a, relating to restricted parental rights of child custodial responsibility and parenting time when a child was conceived as a result of a sexual assault or certain sexual abuse; denying custodial responsibility and parenting time rights to a natural parent convicted of sexual assault when a child is produced as a result of the offense; providing limited exceptions when the biological parents cohabit; creating a rebuttable presumption against the allocation of exclusive or shared custodial responsibility or parenting time to the perpetrator of the offense after cohabitation with the other parent under certain circumstances; requiring the court to find by clear and convincing evidence that custodial responsibility or parenting time by a person convicted of sexual assault or certain sexual abuse is in the best interest of the child, victim, that the victim consents and certain other facts in order to allocate such custodial responsibility or parenting time; and clarifying the natural parents continuing support obligations."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 483), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Craig, J. Nelson, Perdue, Raines, Stephens and Walters.
    So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4139) 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. 4237, Prohibiting the sale, distribution and use of electronic cigarettes, vapor products and other alternative nicotine products to persons under the age of eighteen.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.
§16-9A-2. Definitions; sale or gift of cigarette, cigarette paper, pipe, cigar, snuff, chewing tobacco, pipe tobacco, roll-your-own tobacco, tobacco products, tobacco- derived and alternative nicotine product or vapor products to persons under eighteen; penalties for first and subsequent offense; consideration of prohibited act as grounds for dismissal; impact on eligibility for unemployment benefits.
     
(a) For purposes of this article, the term:
_____(1) Tobacco product and tobacco-derived product means any product, containing, made or derived from tobacco, or containing nicotine derived from tobacco, that is intended for human consumption, whether smoked, breathed, chewed, absorbed, dissolved, inhaled, vaporized, snorted, sniffed or ingested by any other means, including but not limited to cigarettes, cigars, cigarillos, little cigars, pipe tobacco, snuff, snus, chewing tobacco or other common tobacco-containing products. A tobacco-derived product includes electronic cigarettes or similar devices, alternative nicotine products and vapor products. Tobacco product or tobacco-derived product does not include any product that is regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug and Cosmetic Act.
_____(2) Alternative nicotine product means any non-combustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved or ingested by any other means. Alternative nicotine product does not include any tobacco product, vapor product or product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Food, Drug and Cosmetic Act.
_____(3) Vapor product means any non-combustible product containing nicotine that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of shape and size, that can be used to produce vapor from nicotine in a solution or other form. Vapor product includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or similar product or device, and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or similar product or device. Vapor product does not include any product that is regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug and Cosmetic Act.
_____
(a) (b) No person, firm, corporation or business entity may sell, give or furnish, or cause to be sold, given or furnished, to any person under the age of eighteen years:
     (1) Any pipe, cigarette paper or any other paper prepared, manufactured or made for the purpose of smoking any tobacco or tobacco product; or
     (2) Any cigar, cigarette, snuff, chewing tobacco or tobacco product, in any form; or
_____
(3) Any tobacco-derived product, alternative nicotine product or vapor product.
_____
(b) (c) Any firm or corporation that violates any of the provisions of subdivision (1), or (2) subsection (a) (b) of this section and any individual who violates any of the provisions of subdivision (1) subsection (a) (b) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined $50 for the first offense. Upon any subsequent violation at the same location or operating unit, the firm, corporation or individual shall be fined as follows: At least $250 but not more than $500 for the second offense, if it occurs within two years of the first conviction; at least $500 but not more than $750 for the third offense, if it occurs within two years of the first conviction; and at least $1,000 but not more than $5,000 for any subsequent offenses, if the subsequent offense occurs within five years of the first conviction.
     (c) (d) Any individual who knowingly and intentionally sells, gives or furnishes or causes to be sold, given or furnished to any person under the age of eighteen years any cigar, cigarette, snuff, chewing tobacco, or tobacco product or tobacco-derived product, in any form, is guilty of a misdemeanor and, upon conviction thereof, for the first offense shall be fined not more than $100; upon conviction thereof for a second or subsequent offense, is guilty of a misdemeanor and shall be fined not less than $100 nor more than $500.
     (d) (e) Any employer who discovers that his or her employee has sold or furnished tobacco products or tobacco-derived products to minors may dismiss such employee for cause. Any such discharge shall be considered as gross misconduct for the purposes of determining the discharged employees eligibility for unemployment benefits in accordance with the provisions of section three, article six, chapter twenty-one-a of this code, if the employer has provided the employee with prior written notice in the workplace that such act or acts may result in their termination from employment.
§16-9A-3. Use or possession of tobacco or tobacco products, alternative nicotine products or vapor products by persons under the age of eighteen years; penalties.
     No person under the age of eighteen years shall have on or about his or her person or premises or use any cigarette, or cigarette paper or any other paper prepared, manufactured or made for the purpose of smoking any tobacco products, in any form; or, any pipe, snuff, chewing tobacco, or tobacco product or tobacco-derived product: Provided, That minors participating in the inspection of locations where tobacco products or tobacco-derived products, are sold or distributed pursuant to section seven of this article is not considered to violate the provisions of this section. Any person violating the provisions of this section shall for the first violation be fined $50 and be required to serve eight hours of community service; for a second violation, the person shall be fined $100 and be required to serve sixteen hours of community service; and for a third and each subsequent violation, the person shall be fined $200 and be required to serve twenty-four hours of community service. Notwithstanding the provisions of section two, article five, chapter forty-nine, the magistrate court has concurrent jurisdiction.
§16-9A-4. Use of tobacco, tobacco products, alternative nicotine products or vapor products in certain areas of certain public schools prohibited; penalty.
     Every person who shall smoke a cigarette or cigarettes, pipe, cigar or other implement, of any type or nature, designed, used or employed for smoking any tobacco or tobacco product; or who shall use any tobacco product or tobacco-derived product whether chewing tobacco, snuff or otherwise in any building or part thereof used for instructional purposes, in any school of this state, as defined in section one, article one, chapter eighteen of this code, or on any lot or grounds actually used for instructional purposes of any such school of this state while such school is used or occupied for school purposes, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished for each offense by a fine of not less than one nor more than five dollars: Provided, That this prohibition shall not be construed to prevent the use of any tobacco or tobacco product or tobacco- derived product, in any faculty lounge or staff lounge or faculty office or other area of said public school not used for instructional purposes: Provided, however, That students do not have access thereto: Provided further, That nothing herein contained shall be construed to prevent any county board of education from promulgating rules and regulations that further restrict the use of tobacco, or tobacco products or tobacco-derived products, in any form, from any other part or section of any public school building under its jurisdiction.
§16-9A-7. Enforcement of youth smoking laws and youth nicotine restrictions; inspection of retail outlets where tobacco, tobacco products, vapor products or alternative nicotine products are sold; use of minors in inspections; annual reports; penalties; defenses.
     (a) The commissioner of the West Virginia alcohol beverage control administration, the Superintendent of the West Virginia State Police, the sheriffs of the counties of this state and the chiefs of police of municipalities of this state, may periodically conduct unannounced inspections at locations where tobacco products or tobacco-derived products, are sold or distributed to ensure compliance with the provisions of sections two and three of this article and in such manner as to conform with applicable federal and state laws, rules and regulations. Persons under the age of eighteen years may be enlisted by such commissioner, superintendent, sheriffs or chiefs of police or employees or agents thereof to test compliance with these sections: Provided, That the minors may be used to test compliance only if the testing is conducted under the direct supervision of the commissioner, superintendent, sheriffs or chiefs of police or employees or agents thereof and written consent of the parent or guardian of such person is first obtained and such minors shall not be in violation of section three of this article and chapter when acting under the direct supervision of the commissioner, superintendent, sheriffs or chiefs of police or employees or agents thereof and with the written consent of the parent or guardian. It is unlawful for any person to use persons under the age of eighteen years to test compliance in any manner not set forth herein and the person so using a minor is guilty of a misdemeanor and, upon conviction thereof, shall be fined the same amounts as set forth in section two of this article.
     (b) A person charged with a violation of section two or three of this article as the result of an inspection under subsection (a) of this section has a complete defense if, at the time the cigarette, or other tobacco product or tobacco-derived product, or cigarette wrapper, was sold, delivered, bartered, furnished or given:
     (1) The buyer or recipient falsely evidenced that he or she was eighteen years of age or older;
     (2) The appearance of the buyer or recipient was such that a prudent person would believe the buyer or recipient to be eighteen years of age or older; and
     (3) Such person carefully checked a drivers license or an identification card issued by this state or another state of the United States, a passport or a United States armed services identification card presented by the buyer or recipient and acted in good faith and in reliance upon the representation and appearance of the buyer or recipient in the belief that the buyer or recipient was eighteen years of age or older.
     (c) Any fine collected after a conviction of violating section two of this article shall be paid to the clerk of the court in which the conviction was obtained: Provided, That the clerk of the court upon receiving the fine shall promptly notify the Commissioner of the West Virginia Alcohol Beverage Control Administration of the conviction and the collection of the fine: Provided, however, That any community service penalty imposed after a conviction of violating section three of this article shall be recorded by the clerk of the court in which the conviction was obtained: Provided further, That the clerk of the court upon being advised that community service obligations have been fulfilled shall promptly notify the Commissioner of the West Virginia Alcohol Beverage Control Administration of the conviction and the satisfaction of imposed community service penalty.
     (d) The Commissioner of the West Virginia Alcohol Beverage Control Administration or his or her designee shall prepare and submit to the Governor on the last day of September of each year a report of the enforcement and compliance activities undertaken pursuant to this section and the results of the same, with a copy to the Secretary of the West Virginia Department of Health and Human Resources. The report shall be in the form and substance that the Governor shall submit to the applicable state and federal programs.
§16-9A-8. Selling of tobacco products, tobacco-derived products, alternative nicotine products or vapor products in vending machines prohibited except in certain places.
     No person or business entity may offer for sale any cigarette, or other tobacco product or tobacco-derived product, in a vending machine. Any person or business entity which violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined $250: Provided, That an establishment is exempt from this prohibition if individuals under the age of eighteen years are not permitted to be in the establishment or if the establishment is licensed by the alcohol beverage control commissioner as a Class A licensee. The alcohol beverage control commissioner shall promulgate rules pursuant to article three, chapter twenty-nine-a of this code prior to the July 1, 2000, which rules shall to establish standards for the location and control of the vending machines in Class A licensed establishments for the purpose of restricting access by minors."
     And,
     By amending the title of the bill to read as follows:
     Com. Sub. for H. B. 4237 - "A Bill to amend and reenact §16-9A-2, §16-9A-3, §16-9A-4, §16-9A-7 and §16-9A-8 of the Code of West Virginia, 1931, as amended, all relating to restrictions placed on tobacco products and tobacco-derived products containing nicotine; defining terms; defining vapor products and alternative nicotine products as tobacco-derived products; creating exclusions; limiting the use of and sale of tobacco-derived products to persons under the age of eighteen in the same manner as tobacco; prohibiting the sale or furnishing of tobacco and tobacco- derived products to individuals under eighteen years of age; prohibiting the use and possession of tobacco or tobacco-derived products by an individual under eighteen years of age; allowing employers to dismiss an employee for cause for the knowing or intentional sale or furnishing of tobacco or tobacco-derived to someone under the age of eighteen; allowing for the conduct of unannounced inspections to ensure compliance with sales restrictions; restricting the use of tobacco and tobacco- derived products on school grounds; restricting the sale of tobacco and tobacco-derived products in vending machines; creating misdemeanor offenses and criminal penalties relating to tobacco-derived products that are consistent with tobacco products; creating a defense in certain circumstances; and authorizing continued rulemaking authority."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 484), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Craig, J. Nelson, Perdue, Raines, Stephens and Walters.
     So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4237) 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. 4346, Establishing separate standards of performance for carbon dioxide emissions.      On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 5. AIR POLLUTION CONTROL.
§22-5-20. Regulating carbon dioxide emissions from existing fossil fuel-fired electric generating units.

     (a) The Department of Environmental Protection, in consultation with the Department of Environmental Protection Advisory Council, shall establish separate standards of performance for carbon dioxide emissions from existing coal-fired electric generating units in accordance with subsection (b) and from existing natural gas-fired electric generating units in accordance with subsection (c). The standards of performance developed and proposed under any state plan to comply with Section 111 of the Clean Air Act should allow for greater flexibility and take into consideration the additional factors set forth in subsection (d) as a part of any state plan to achieve targeted reductions in greenhouse gas emissions which are equivalent or comparable to the goals and marks established by federal guidelines.
     (b) Standards of performance for existing coal-fired electric generating units. -- Except as provided under subsection (d), the standard of performance established for existing coal-fired electric generating units under subsection (a) shall be based upon:
     (1) The best system of emission reduction which, taking into account the cost of achieving the reduction and any nonair quality health and environmental impact and energy requirements, has been adequately demonstrated for coal-fired electric generating units that are subject to the standard of performance;
     (2) Reductions in emissions of carbon dioxide that can reasonably be achieved through measures undertaken at each coal-fired electric generating unit; and
     (3) Efficiency and other measures that can be undertaken at each coal-fired electric generating unit to reduce carbon dioxide emissions from the unit without switching from coal to other fuels, cofiring other fuels with coal or limiting the economic utilization of the unit; and
     (4) Additional regulatory mechanisms that provide flexibility in complying with the standards, including: (A) Emissions trading with credited reduction for any unit that was in operation January 1, 2011, or thereafter, and fleet wide averaging; (B) other alternative implementation measures that are determined to further the interests of West Virginia and its citizens including state programs such as clean energy programs that mandate reduced energy consumption resulting in avoided emissions, emission reductions, or a reduction in the states carbon dioxide intensity whereby the state shall credit equally based on the output to the generators located in the state that are subject to carbon dioxide performance standard rules under Section 111(d) of the Clean Air Act.
     (c) Standards of performance for existing natural gas-fired electric generating units. -- Except as provided in subsection (d), the standard of performance established for existing gas-fired electric generating units under subsection (a) shall be based upon:
     (1) The best system of emission reduction which, taking into account the cost of achieving the reduction and any nonair quality health and environmental impact and energy requirements, has been adequately demonstrated for natural gas-fired electric generating units that are subject to the standard of performance;
     (2) Reductions in emissions of carbon dioxide that can reasonably be achieved through measures at each natural gas-fired electric generating unit; and
     (3) Efficiency and other measures that can be undertaken at the unit to reduce carbon dioxide emissions from the unit without switching from natural gas to other lower-carbon fuels or limiting the economic utilization of the unit.
     (d) Flexibility in establishing standards of performance. -- In developing a flexible state plan to achieve targeted reductions in greenhouse gas emissions, the Department of Environmental Protection shall endeavor to establish an achievable standard of performance for any existing fossil fuel-fired electric generating unit, and examine whether less stringent performance standards or longer compliance schedules may be implemented or adopted for existing fossil fuel-fired electric generating units in comparison to the performance standards established for new, modified or reconstructed generating units, based on the following:
     (1) Consumer impacts, including any disproportionate impacts of energy price increases on lower income populations;
     (2) Nonair quality health and environmental impacts;
     (3) Projected energy requirements;
     (4) Market-based considerations in achieving performance standards;
     (5) The costs of achieving emission reductions due to factors such as plant age, location or basic process design;
     (6) Physical difficulties with or any apparent inability to feasiblely implement certain emission reduction measures;
     (7) The absolute cost of applying the performance standard to the unit;
     (8) The expected remaining useful life of the unit;
     (9) The impacts of closing the unit, including economic consequences such as expected job losses, if the unit is unable to comply with the performance standard;
     (10) Impacts on the reliability of the system; and
     (11) Any other factors specific to the unit that make application of a modified or less stringent standard or a longer compliance schedule more reasonable.
     (e) State plan requirement. - The Department of Environmental Protection shall propose or submit to the U. S. Environmental Protection Agency a state plan which includes achievable performance standards for existing sources, and a combination of additional measures designed to meet the U. S. Environmental Protection Agencys guidelines, consistent with the considerations,
goals and parameters set forth in this section."
     On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 485), 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: J. Nelson, Raines and Walters.
     So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4346) 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. 4601, Relating to fiscal management and regulation of publicly-owned utilities.
     On motion of Delegate White, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
     "That §16-13A-18a of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §24-2-4a and §24-2-4b of said code be amended and reenacted, all to read as follows:
CHAPTER 16. PUBLIC HEALTH

ARTICLE 13A. PUBLIC SERVICE DISTRICTS.
§16-13A-18a. Sale, lease or rental of water, sewer, stormwater or gas system by district; distribution of proceeds.
     In any case where a public service district owns a water, sewer, stormwater or gas system, and a majority of not less than sixty percent of the members of the public service board thereof deem it for the best interests of the district to sell, lease or rent such water, sewer, stormwater or gas system to any municipality or privately-owned water, sewer, stormwater or gas system, or to any water, sewer, stormwater or gas system owned by an adjacent public service district, the board may so sell, lease or rent such water, sewer, stormwater or gas system upon such terms and conditions as said board, in its discretion, considers in the best interests of the district: Provided, That such sale, leasing or rental may be made only upon: (1) The publication of notice of a hearing before the board of the public service district, as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, in a newspaper published and of general circulation in the county or counties wherein the district is located, such publication to be made not earlier than twenty days and not later than seven days prior to the hearing; (2) approval by the county commission or commissions of the county or counties in which the district operates; and (3) approval by the public service commission of West Virginia.
     In the event of any such sale, the proceeds thereof, if any, remaining after payment of all outstanding bonds and other obligations of the district, shall be ratably distributed to any persons who have made contributions in aid of construction of such water, sewer, stormwater or gas system, such distribution not to exceed the actual amount of any such contribution, without interest, and any balance of funds thereafter remaining shall be paid to the county commission of the county in which the major portion of such water, sewer, stormwater or gas system is located to be placed in the general funds of such county commission: Provided, That no such distribution shall be required in the case of a sale between political subdivisions of the state.
CHAPTER 24. PUBLIC SERVICE COMMISSION

ARTICLE 2. POWERS AND DUTIES OF PUBLIC SERVICE COMMISSION.
§24-2-4a. Procedure for changing rates after June 30, 1981.
     After June 30, 1981, no public utility subject to this chapter except those utilities subject to the provisions of section four-b and section four-d of this article, shall change, suspend or annul any rate, joint rate, charge, rental or classification except after thirty days notice to the commission and the public, which notice shall plainly state the changes proposed to be made in the schedule then in force and the time when the changed rates or charges shall go into effect; but the commission may enter an order suspending the proposed rate as hereinafter provided. The proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time, and kept open to public inspection: Provided, That the commission may, in its discretion, and for good cause shown, allow changes upon less time than the notice herein specified, or may modify the requirements of this section in respect to publishing, posting and filing of tariffs, either by particular instructions or by general order.
     Whenever there shall be filed with the commission any schedule stating a change in the rates or charges, or joint rates or charges, or stating a new individual or joint rate or charge or joint classification or any new individual or joint regulation or practice affecting any rate or charge, the commission may either upon complaint or upon its own initiative without complaint enter upon a hearing concerning the propriety of such rate, charge, classification, regulation or practice; and, if the commission so orde