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Senate Journal


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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

FIFTY-EIGHTH DAY

____________

Charleston, W. Va., Thursday, April 11, 2013

    The Senate met at 11 a.m.

(Senator Kessler, Mr. President, in the Chair.)

    Prayer was offered by Pastor Thomas C. Shepherd, Bible Baptist Church, MacArthur, West Virginia.

    Pending the reading of the Journal of Wednesday, April 10, 2013,

    On motion of Senator Beach, the Journal was approved and the further reading thereof dispensed with.

    The Senate proceeded to the second order of business and the introduction of guests.

    The Senate then proceeded to the third order of business.

    A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to

    Eng. Com. Sub. for Senate Bill No. 60, Relating to name-change notice publication requirements.

    On motion of Senator Unger, the message on the bill was taken up for immediate consideration.

    The following House of Delegates amendments to the bill were reported by the Clerk:

    By striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 25. CHANGE OF NAME.

§48-25-101. Petition to circuit court or family court for change of name; contents thereof; notice of application.

    (a) Any A person desiring a change of his or her own name, or that of his or her child, may apply to the circuit court or family court of the county in which he or she resides by a verified petition setting forth and affirming the following:

    (1) That he or she has been a bona fide resident of the county for at least one year prior to the filing of the petition or that he or she is a nonresident of the county who was born in the county, was married in the county and was previously a resident of the county for a period of at least fifteen years;

    (2) The cause for which the change of name is sought;

    (3) The new name desired;

    (4) The name change is not for purposes of avoiding debt or creditors;

    (5) The petitioner seeking the name change is not a registered sex offender pursuant to any state or federal law;

    (6) The name change sought is not for purposes of avoiding any state or federal law regarding identity;

    (7) The name change sought is not for any improper or illegal purpose;

    (8) The petitioner is not a convicted felon in any jurisdiction; and

    (9) The name change sought is not for any purpose of evading detection, identification or arrest by any local, state or federal law-enforcement agency; and

    (10) Whether or not the petitioner desires to protect his or her identity for personal safety reasons.

    (b) Prior to After filing the petition and at least ten days before the hearing to consider the application, the person shall cause a notice of the time and place that the application will be made to be published as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. The petitioner shall in the notice set forth the name to which his or her name will be changed, unless as shown in the petition to the court, the name change is being requested because the petitioner desires to protect his or her identity for personal safety reasons: Provided, That upon good cause shown, there may be a closed hearing. The publication area for the publication is the county. Provided, That the The publication shall contain a provision that the hearing may be rescheduled without further notice or publication.;

    And,

    By striking out the title and substituting therefore a new title, to read as follows:

    Eng. Com. Sub. for Senate Bill No. 60--A Bill to amend and reenact §48-25-101 of the Code of West Virginia, 1931, as amended, relating to change of name; establishing certain time frames to publish the notice for name change; requiring the published notice to include the petitioner’s proposed new name; providing an exception to the inclusion of the proposed new name in the publication; and providing for a closed hearing in certain circumstances.

    On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.

    Engrossed Committee Substitute for Senate Bill No. 60, as amended by the House of Delegates, was then put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 60) passed with its House of Delegates amended title.

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

    A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to

    Eng. Com. Sub. for Senate Bill No. 71, Requiring descriptions of easements and rights-of-way include width in addition to centerline; exception.

    On motion of Senator Unger, the message on the bill was taken up for immediate consideration.

    The following House of Delegates amendment to the bill was reported by the Clerk:

    On page four, section five-a, line thirty-seven, by striking out the words “section twelve, article thirteen-a, chapter thirty” and inserting in lieu thereof the words “section two-a, article one, chapter thirty-nine”.

    On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.

    Engrossed Committee Substitute for Senate Bill No. 71, as amended by the House of Delegates, was then put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 71) passed with its title.

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

    A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to

    Eng. Senate Bill No. 108, Creating Unintentional Pharmaceutical Drug Overdose Fatality Review Team.

    On motion of Senator Unger, the message on the bill was taken up for immediate consideration.

    The following House of Delegates amendments to the bill were reported by the Clerk:

    By striking out everything after the enacting clause and inserting in lieu thereof the following:

    That §48-25A-1, §48-25A-2 and §48-25A-3 of the Code of West Virginia, 1931, as amended, be repealed; that §48-27A-1, §48-27A-2 and §48-27A-3 of said code be repealed; that §49-5D-5 of said code be repealed; that said code be amended by adding thereto a new article, designated §61-12A-1, §61-12A-2, §61-12A-3, §61-12A-4 and §61-12A-5, all to read as follows:

ARTICLE 12A. FATALITY REVIEW TEAM.

§61-12A-1. Fatality review team.

    (a) A fatality review team is created under the Office of the Chief Medical Examiner. The fatality review team combines the Maternal Mortality Review Team, the Domestic Violence Fatality Review Team and the Child Fatality Review Team. The fatality review team is a multidisciplinary team created to examine, review and analyze the deaths of all persons in West Virginia who die as a result of unintentional prescription or pharmaceutical drug overdoses; the deaths of children under the age of eighteen years; the deaths resulting from suspected domestic violence; and the deaths of all infants and of all women who die during pregnancy, at the time of birth or within one year of the birth of a child.

    (b) The fatality review team shall consist of the following:

    (1) The Chief Medical Examiner in the Bureau for Public Health or his or her designee, who is to serve as the chairperson and who is responsible for calling and coordinating all meetings;

    (2) The Commissioner of the Bureau for Public Health or his or her designee;

    (3) The Superintendent of the West Virginia State Police or his or her designee; and

    (4) A prosecuting attorney or his or her designee, as appointed by the Governor.

    (c) Each member serve for a term of three years, unless otherwise reappointed to a second or subsequent term. Members shall continue to serve until their respective terms expire or until their successors have been appointed.

    (d) Each member shall serve without additional compensation and may not be reimbursed for any expenses incurred in the discharge of his or her duties under the provisions of this article.

§61-12A-2. Responsibilities of the fatality review team.

    (a) The fatality review team shall:

    (1) Review and analyze all deaths as required by this article;

    (2) Ascertain and document the trends, patterns and risk factors;

    (3) Provide statistical information and analysis regarding the causes of certain fatalities.

    (b) During the review process, the team may include any additional persons with expertise or knowledge in a particular field that it determines is needed in the review and consideration of a particular case as a result of a death in subsection (a), section one of this article.

    (c) The fatality review team, in the exercise of its duties as defined in this section, may not:

    (1) Call witnesses or take testimony from individuals involved in the investigation of a fatality;

    (2) Contact a family member of the deceased;

    (3) Enforce any public health standard or criminal law or otherwise participate in any legal proceeding; or

    (4) Otherwise take any action which, in the determination of a prosecuting attorney or his or her assistants, impairs the ability of the prosecuting attorney, his or her assistants or any law-enforcement officer to perform his or her statutory duties.

    (d) The fatality review team shall submit an annual report to the Governor and to the Legislative Oversight Commission on Health and Human Resources Accountability concerning its activities within the state. The report is due annually on December 1. The report is to include statistical information concerning cases reviewed during the year, trends and patterns concerning these cases and the team’s recommendations to reduce the number of unintentional pharmaceutical drug overdose fatalities in the state.

§61-12A-3. Access to information; other agencies of government required to cooperate.

    (a) Notwithstanding any other provision of this code to the contrary, the fatality review team may request information and records as necessary to carry out its responsibilities. Records and information that may be requested under this section include:

    (1) Medical, dental and mental health records;

    (2) Substance abuse records to the extent allowed by federal law; and

    (3) Information and records maintained by any state, county and local government agency, except as provided in subsection (c), section two of this article.

    (b) State, county and local government agencies shall provide the fatality review team with any information requested in writing by the team.

§61-12A-4. Confidentiality.

    (a) Proceedings, records and opinions of the fatality review team are confidential and are not subject to discovery, subpoena or introduction into evidence in any civil or criminal proceeding. This section does not limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and entirely independent of the proceedings of the fatality review team.

    (b) Members of the fatality review team may not be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a meeting of the team. This subsection does not prevent a member of the fatality review team from testifying to information obtained independently of the team or which is public information.

    (c) Proceedings, records and opinions of the fatality review team are exempt from disclosure under the Freedom of Information Act, as provided in chapter twenty-nine-b of this code.

§61-12A-5. Rules.

    The Office of the Chief Medical Examiner, in consultation with the fatality review team, shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code. Those rules shall include, at a minimum:

    (1) The standard procedures for the conduct of the fatality review team;

    (2) The processes and protocols for the review and analysis of fatalities of those who were not suffering from mortal diseases shortly before death;

    (3) The processes and protocols to ensure confidentiality of records obtained by the fatality review team; and

    (4) Other rules as may be deemed necessary to effectuate the purposes of this article.;

    And,

    By striking out the title and substituting therefore a new title, to read as follows:

    Eng. Senate Bill No. 108--A Bill to repeal §48-25A-1, §48-25A-2 and §48-25A-3 of the Code of West Virginia, 1931, as amended; to repeal §48-27A-1, §48-27A-2 and §48-27A-3 of said code; to repeal §49-5D-5 of said code; and to amend said code by adding thereto a new article, designated §61-12A-1, §61-12A-2, §61-12A-3, §61-12A-4 and §61-12A-5, all relating to a fatality review team; combining other fatality review teams; setting forth membership of the team; setting forth terms of office; setting forth responsibilities of the team; providing for certain actions the team may not take in exercising its duties; requiring an annual report; providing confidentiality; setting forth record-keeping requirements; authorizing access to certain records; requiring certain agencies to cooperate with the team; and requiring the promulgation of legislative rules.

    On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.

    Engrossed Senate Bill No. 108, as amended by the House of Delegates, was then put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 108) passed with its House of Delegates amended title.

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

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of

    Eng. Com. Sub. for Senate Bill No. 158, Creating Complete Streets Act.

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amended title, passage as amended, of

    Eng. Com. Sub. for House Bill No. 2314, Authorizing a family court judge to order a child to be taken into custody in emergency situations.

    A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to

    Eng. Com. Sub. for House Bill No. 2471, Prohibiting the restriction or otherwise lawful possession, use, carrying, transfer, transportation, storage or display of a firearm or ammunition during a declared state of emergency.

    On motion of Senator Unger, the message on the bill was taken up for immediate consideration.

    On further motion of Senator Unger, the Senate acceded to the request of the House of Delegates and receded from its amendments to the bill.

    Engrossed Committee Substitute for House Bill No. 2471, as amended by deletion, was then put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2471) passed with its title.

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

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amended title, passage as amended, of

    Eng. Com. Sub. for House Bill No. 2521, Relating to the West Virginia Contraband Forfeiture Act.

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

    Eng. Com. Sub. for House Bill No. 2538--A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2013, in the amount of $3,500,000 from the Governor’s Office, Civil Contingent Fund, fund 0105, fiscal year 2009, organization 0100, activity 236, and in the amount of $1,500,000 from the State Election Commission, Supreme Court Public Campaign Financing Fund, fund 1690, fiscal year 2013, organization 1601, and in the amount of $2,500,000 from the Department of Administration, Office of the Secretary, State Employee Sick Leave Fund, fund 2045, fiscal year 2013, organization 0201, and in the amount of $18,317,356.29 from the Department of Administration, Education, Arts, Sciences and Tourism Debt Service Fund, fund 2252, fiscal year 2013, organization 0211, and in the amount of $3,800,000 from the Department of Administration, Division of General Services, 2004 Capitol Complex Parking Garage Fund, fund 2461, fiscal year 2013, organization 0211, and in the amount of $8,000,000 from the Department of Administration, Board of Risk and Insurance Management, Premium Tax Saving Fund, fund 2367, fiscal year 2013, organization 0218, and in the amount of $5,000,000 from the West Virginia Health Care Authority, Health Care Cost Review Authority Fund, fund 5375, fiscal year 2013, organization 0507, and in the amount of $2,000,000 from the Department of Health and Human Resources, Division of Human Services, Low Income Energy Assistance Program Fund, fund 5081, fiscal year 2013, organization 0511, and in the amount of $4,600,000 from the Department of Revenue, State Budget Office, Public Employees Insurance Reserve Fund, fund 7400, fiscal year 2013, organization 0703, and in the amount of $30,000,000 from the Department of Revenue, Insurance Commissioner, Insurance Commission Fund, fund 7152, fiscal year 2013, organization 0704, and in the amount of $14,736,022 from the Department of Revenue, Lottery Commission, Revenue Center Construction Fund, fund 7209, fiscal year 2013, organization 0705, 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, Division of Finance, fund 0203, fiscal year 2013, organization 0209, to the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2013, organization 0307, to the Department of Commerce, Division of Natural Resources, fund 0265, fiscal year 2013, organization 0310, to the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2013, organization 0506, to the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2013, organization 0511, to the Department of Military Affairs and Public Safety - Office of the Secretary, fund 0430, fiscal year 2013, organization 0601, to the Department of Military Affairs and Public Safety, Division of Corrections - Correctional Units, fund 0450, fiscal year 2013, organization 0608, to the West Virginia Council for Community and Technical College Education - Control Account, fund 0596, fiscal year 2013, organization 0420, and to the Higher Education Policy Commission - Administration - Control Account, fund 0589, fiscal year 2013, organization 0441, and to the Higher Education Policy Commission - Control Account, fund 0586, fiscal year 2013, organization 0442, by supplementing and amending the appropriations for the fiscal year ending June 30, 2013.

    Referred to the Committee on Finance.

    A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

    Eng. House Bill No. 2541--A Bill making a supplementary appropriation from the State Fund, State Excess Lottery Revenue Fund, to the Department of Health and Human Resources, Division of Human Services, fund 5365, fiscal year 2013, organization 0511, by supplementing and amending the appropriations for the fiscal year ending June 20, 2013.

    Whereas, The Governor submitted to the Legislature the Executive Budget document, dated February 13, 2013, containing a Statement of the State Excess Lottery Revenue Fund, setting forth therein the unappropriated balance as of July 1, 2012, and further included the estimate of revenue for the fiscal year 2013, less net regular appropriations for the fiscal year 2013; and

    Whereas, It appears from the Governor’s Statement of the State Excess Lottery Revenue Fund there now remains an unappropriated balance in the State Treasury which is available for appropriation during the fiscal year ending June 30, 2013; therefore

    Referred to the Committee on Finance.

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of

    Eng. Com. Sub. for House Bill No. 2553, Authorizing the Secretary of State to administratively dissolve certain business entities.

    A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to

    Eng. Com. Sub. for House Bill No. 2585, Increasing the time to file a petition in response to notice of an increased assessment.

    On motion of Senator Unger, the Senate refused to recede from its amendments to the bill and requested the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses.

    Whereupon, Senator Kessler (Mr. President) appointed the following conferees on the part of the Senate:

    Senators Tucker, Cookman and Carmichael.

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

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, to take effect from passage, of

    Eng. Com. Sub. for House Bill No. 2652, Authorizing the Department of Administration to promulgate legislative rules.

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, to take effect July 1, 2013, of

    Eng. Com. Sub. for House Bill No. 3086, Relating to juvenile services and criminal justice institutions.

    A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of

    Com. Sub. for House Concurrent Resolution No. 56--Requesting that bridge number 2-6-0.96 being constructed on County Route 6, Dry Run Road, crossing Back Creek near Hedgesville, Berkeley County, West Virginia, be named the “John Edgar Saville Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of

    House Concurrent Resolution No. 112--Requesting that bridge number 30-3/2-0.03, currently known as the Dingess Concrete Bridge, 0.13 mile east of Route 3/12, on County Route 3/2 over Moses Fork, Mingo County, West Virginia, be named the “Army Command Sergeant Major Wade Damron Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of

    Com. Sub. for House Concurrent Resolution No. 120--Requesting the Division of Highways to name bridge number 44-905-0.61 on Market Street near the junction with Front Street in the City of Spencer, Roane County, West Virginia, the “1st Sergeant Walter Criss Bridge, United States Army”.

    Referred to the Committee on Transportation and Infrastructure.

    A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of

    Com. Sub. for House Concurrent Resolution No. 121--Requesting that bridge number 54-68-23.53 on Routes 2 and 68, known as the I-77 overpass in Wood County, West Virginia, be named the “U.S. Navy LSC (SS) Andrew Scott Mollohan Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of

    House Concurrent Resolution No. 125--Requesting the Division of Highways name bridge number 54-14-7.55, currently known as the “Mineral Wells I-77 Overpass Bridge”, carrying both north and south bound lanes, in Wood County, the “Army Sergeant Richard Bowry Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of

    House Concurrent Resolution No. 126--Requesting the Division of Highways to rename a one mile stretch of Route 49, Schoolhouse Road, in Matewan, West Virginia, the middle point of which shall be the point in the road closest to the Matewan High School football field, the “John Jacob Fry II Memorial Highway”.

    Referred to the Committee on Transportation and Infrastructure.

    A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of

    House Concurrent Resolution No. 133--Requesting that bridge number 50-64-2.03, the I-64 bridge that spans Twelve Pole Creek in Ceredo, Wayne County, West Virginia, be named the “James T. and Paul T. Billups Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of

    House Concurrent Resolution No. 135--Proclaiming West Virginia as a Purple Heart State, honoring the service and sacrifices of our nation’s men and women in uniform wounded or killed by the enemy while serving to protect the freedoms enjoyed by all Americans.

    Referred to the Committee on Government Organization.

Executive Communications

    Senator Kessler (Mr. President) laid before the Senate the following proclamation from His Excellency, the Governor, extending this current legislative session until and including the nineteenth day of April, two thousand thirteen, which was received and read by the Clerk:

STATE OF WEST VIRGINIA

EXECUTIVE DEPARTMENT

Charleston

A P R O C L A M A T I O N

By the Governor

    WHEREAS, The Constitution of West Virginia delineates the respective powers, duties and responsibilities of the three separate branches of government; and

    WHEREAS, Article VI, Section 22 of the Constitution of West Virginia provides that the current regular session of the Legislature shall not exceed sixty calendar days computed from and including the second Wednesday of February; and

    WHEREAS, Pursuant to Article VI, Section 22 of the Constitution of West Virginia, the 2013 regular session of the Legislature concludes on the thirteenth day of April, two thousand thirteen; and

    WHEREAS, Article VI, Section 51 of the Constitution of West Virginia sets forth the legal authority of the Governor and the Legislature relating to the preparation and enactment of the Budget Bill; and

    WHEREAS, Subsection D, Article VI, Section 51 of the Constitution of West Virginia requires the Governor to issue a Proclamation to extend the regular session of the Legislature if the Budget Bill shall not have been fully acted upon by the Legislature three days before the expiration of its regular session.

    NOW, THEREFORE, I, EARL RAY TOMBLIN, Governor of the State of West Virginia, do hereby issue this Proclamation, in accordance with Article VI, Section 51, Subsection D(8) of the Constitution of West Virginia, to extend this regular session of the Legislature for consideration of the Budget Bill for an additional period not to exceed six days, through the nineteenth day of April, two thousand thirteen; but no matters other than the Budget Bill shall be considered during this extension of the session, except a provision for the cost thereof.

    IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of West Virginia to be affixed.

DONE at the Capitol in the City of Charleston, State of West Virginia, on this the tenth day of April, in the year of our Lord, Two Thousand Thirteen, and in the One Hundred Fiftieth year of the State.

  EARL RAY TOMBLIN,

    Governor.

By the Governor:

 NATALIE E. TENNANT,

    Secretary of State.

    The Senate proceeded to the fourth order of business.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 2352, Clarifying that the West Virginia Department of Environmental Protection does not assume a mine operator's obligations or liabilities under the Water Pollution Control Act.

    And has amended same.

    And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2352) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on the Judiciary pending.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Eng. House Bill No. 2434, Relating to compensation in the magistrate court system.

    With amendments from the Committee on the Judiciary pending;

    And reports the same back with the recommendation that it do pass as amended by the Committee on the Judiciary to which the bill was first referred.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    At the request of Senator Prezioso, unanimous consent being granted, the bill (Eng. H. B. No. 2434) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Eng. House Bill No. 2469, Increasing the cap on earnings during temporary reemployment after retirement.

    With an amendment from the Committee on Pensions pending;

    Now on second reading, having been read a first time and referred to the Committee on Finance on April 9, 2013;

    And reports the same back with the recommendation that it do pass as amended by the Committee on Pensions to which the bill was first referred.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 2571, Relating to who may serve as members of the environmental quality board.

    With amendments from the Committee on Government Organization pending;

    Now on second reading, having been read a first time and referred to the Committee on the Judiciary on April 9, 2013;

    And reports the same back with the recommendation that it do pass as amended by the Committee on Government Organization to which the bill was first referred.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Eng. Com. Sub. for House Bill No. 2577, Relating to the practice of pharmacist care.

    With amendments from the Committee on Health and Human Resources pending;

    And has also amended same.

    Now on second reading, having been read a first time and referred to the Committee on Government Organization on April 9, 2013;

    And reports the same back with the recommendation that it do pass as last amended by the Committee on Government Organization.

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 2689, Authorizing miscellaneous Boards and Agencies to promulgate legislative rules.

    And has amended same.

    And reports the same back with the recommendation that it do pass, as amended.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2689) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 2733, Relating to hearings before the Office of Administrative Hearings.

    And has amended same.

    And reports the same back with the recommendation that it do pass, as amended.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2733) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Eng. Com. Sub. for House Bill No. 2805, Making the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program a permanent program.

    And reports the same back with the recommendation that it do pass.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    At the request of Senator Prezioso, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2805) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Eng. Com. Sub. for House Bill No. 2825, Relating to certain appointive state officers salaries.

    And has amended same.

    And reports the same back with the recommendation that it do pass, as amended.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    At the request of Senator Prezioso, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2825) contained in the preceding report from the Committee on Finnace was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Eng. Com. Sub. for House Bill No. 2837, Amending various provisions of the Code affecting the Treasurer's Office.

    And has amended same.

    And reports the same back with the recommendation that it do pass, as amended.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    At the request of Senator Prezioso, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2837) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 3145, Removing the existing maximum quantities of beer that retailers can sell for off premises.

    And reports the same back with the recommendation that it do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3145) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Eng. House Bill No. 3161, Repealing section relating to additional fee to be collected for each marriage license issued.

    And reports the same back with the recommendation that it do pass.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    At the request of Senator Prezioso, unanimous consent being granted, the bill (Eng. H. B. No. 3161) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

    The Senate proceeded to the sixth order of business.

    Senators Kirkendoll, Kessler (Mr. President), Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams and Yost offered the following resolution:

    Senate Concurrent Resolution No. 63--Recognizing July 16 as “Atomic Veterans Day of Remembrance” in West Virginia.

    Whereas, On July 16, 1945, the world's first atomic bomb, code-named "Trinity" was detonated in Alamogordo, New Mexico, and from that date until June 12, 1963, there were 1,054 nuclear devices detonated in tests considered vital to our national security, and approximately 750,000 U. S. military and civilian personnel participated in these experimental endeavors; and

    Whereas, Many of the nation's veterans, including residents of West Virginia, were subjected to varying amounts of radiation because of this testing of atomic weapons; and

    Whereas, The potential harm to these veterans was unknown at the time of the testing, resulting in the exposure of many veterans to harmful doses of radiation and causing them to suffer debilitating, degenerative diseases that affect the veterans and their descendants; and

    Whereas, Veterans who were early test subjects were required to sign an oath of secrecy regarding their involvement in the atomic testing, preventing these veterans from informing the Veterans Health Administration of their medical problems that resulted from radiation until 1996, when these veterans were released from their oaths of secrecy; and

    Whereas, In 1979, the National Association of Atomic Veterans was created to locate these veterans, to honor the sacrifices they made and to help these veterans and their families in obtaining medical treatment and assistance; and

    Whereas, By engaging in a national research and education effort for atomic war veterans, the National Association of Atomic Veterans is promoting early detection of medical problems and research and documentation of the connection between radiation exposure and resultant cancer and other debilitating, degenerative diseases and genetic mutations; and

    Whereas, In the time since these detonations, roughly fifty percent of the men and women who participated in the testing have experienced the harmful effects of exposure to ionizing radiation, yet these veterans who were injured in the line of duty received no medals because they were not in combat; and

    Whereas, The number of members in this group is rapidly decreasing because of the age of these veterans, and thus it is important to recognize these individuals who sacrificed so much in serving our country and who are deserving of our immense gratitude; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby recognizes July 16 as “Atomic Veterans Day of Remembrance” in West Virginia; and, be it

    Further Resolved, That the Legislature encourages the Governor, the Department of Veterans’ Assistance and all West Virginians to take part in this significant observance; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to Haskell Watts, Jr., West Virginia State Commander of the National Association of Atomic Veterans, the Secretary of the West Virginia Department of Veterans’ Assistance and the Governor of West Virginia.

    Which, under the rules, lies over one day.

    Senators Chafin, Cole, Stollings, Unger and D. Hall offered the following resolution:

    Senate Concurrent Resolution No. 64--Requesting the Division of Highways to name County Route 15, Mercer County, between mileposts 0.00 and 5.1 from Bramwell, West Virginia, to Montcalm, West Virginia, the “River Road Music Heritage Trail”.

    Whereas, The Bluestone River, originating with a trickle out of a spring at East River Mountain, flows its course to the mighty Bluestone Dam in Summers County, West Virginia; and

    Whereas, Rock cliffs, small waterfalls, springs and gorges all make up the beauty of the Bluestone River’s seventy-seven miles; and

    Whereas, The Bluestone River grows wider and deeper as it collects these mountain streams and creeks; and

    Whereas, The Bluestone River collects Simmons Creek at Bramwell and Lorton Lick at Montcalm, the beginning of the River Road; and

    Whereas, River Road flows along the Bluestone River and the original Norfolk & Western Railroad line; and

    Whereas, The Bluestone River is a geographic divider of coal to its northwest. It was this rich seam of Pocahontas coal that created a coal boom in the 1880s. It was the new industry of coal-mining that brought families to southern West Virginia for jobs in mining, railroading and related industries; and

    Whereas, These pioneer families brought not only hard-working ethics but also their talents and gifts; and

    Whereas, From Simmons Creek to Lorton Lick six families gave the world the enduring gift of their musical heritage; and

    Whereas, Working hard for a living from sunrise, relaxation was spent on front porches at dusk, listening to the lonesome whistle of coal and passenger trains chugging up the river, and playing music and singing songs handed down to younger generations. Neighbors up and down the River Road were serenaded at twilight by these families; and

    Whereas, The Goins brothers, the Dillon family, the Kirby family, the Duncan family and West Virginia’s own Hazel Dickens are well known for their contributions to bluegrass, gospel, traditional mountain music and even rock and roll; and

    Whereas, These families made unquantifiable contributions to music during almost a century in the early days of coal; and

    Whereas, As Lorton Lick empties into the Bluestone River, the community of Montcalm sprang up, where Hazel Dickens grew up on a mountainside there, overlooking the river; and

    Whereas, Hazel Dickens spent a lifetime making others feel good with her songs; and

    Whereas, Hazel Dickens’ final resting place is in Mercer County; and

    Whereas, It is fitting and proper that in this, the 150th year of the State of West Virginia and the 125th year of Bramwell, West Virginia, that the Legislature of West Virginia recognizes the legendary families of bluegrass, gospel and traditional mountain music who were born and grew up along the Bluestone River with the gift of music in their hearts and a desire to share that gift with the world; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name County Route 15, Mercer County, between mileposts 0.00 and 5.1 from Bramwell, West Virginia ,to Montcalm, West Virginia, the “River Road Music Heritage Trail”; and, be it

    Further Resolved, That the Legislature is hereby requested to name each one-mile stretch of the “River Road Music Heritage Trail” “The Goins Brothers Mile of the River Road Music Heritage Trail”, “The Dillon Family Mile of the River Road Music Heritage Trail”, “The Kirby Family Mile of the River Road Music Heritage Trail”, “The Raines Family Mile of the River Road Music Heritage Trail” and “The Hazel Dickens Mile of the River Road Music Heritage Trail”, respectively, with “The Hazel Dickens Mile of the River Road Music Heritage Trail” concluding in Montcalm, West Virginia; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the “River Road Music Heritage Trail”, “The Goins Brothers Mile of the River Road Music Heritage Trail”, “The Dillon Family Mile of the River Road Music Heritage Trail”, “The Kirby Family Mile of the River Road Music Heritage Trail”, “The Raines Family Mile of the River Road Music Heritage Trail” and “The Hazel Dickens Mile of the River Road Music Heritage Trail”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the Mayor of Bramwell, West Virginia.

    Which, under the rules, lies over one day.

    Senators Stollings, Yost, Wells, Unger, Williams, Prezioso, Kessler (Mr. President), D. Hall, Jenkins, Tucker and Fitzsimmons offered the following resolution:

    Senate Concurrent Resolution No. 65--Designating the State of West Virginia as a Purple Heart State.

    Whereas, General George Washington, as the leader of the Continental Army, first introduced the Badge of Military Merit in 1782, instructing that it be awarded “not only [in] instances of unusual gallantry, but also of extraordinary fidelity and essential services in any way”. General Washington went on to describe the figure of a heart in purple cloth, and it eventually became known as the Purple Heart, and is the nation’s oldest military award; and

    Whereas, While the badge was not awarded for some years after the Revolutionary War, and only intermittently during the late 1920s, on February 22, 1932, the two hundredth anniversary of George Washington’s birth, General Douglas MacArthur announced the reestablishment of the Purple Heart Medal, in memory and honor of George Washington’s military achievements; and

    Whereas, Veterans of West Virginia have paid the high price of freedom by leaving their families and communities and placing themselves in harm’s way for the good of all; and

    Whereas, The contributions and sacrifices of the men and women from the State of West Virginia who have served and are serving in the armed forces have been vital in maintaining the freedoms and way of life enjoyed by its citizens; and

    Whereas, Many men and women in uniform have given their lives while serving in the armed forces; and

    Whereas, Many citizens of the State of West Virginia have earned the Purple Heart Medal as a result of being wounded while engaged in combat with an enemy force, recognized as a singularly meritorious act of essential service; and

    Whereas, The State of West Virginia has previously recognized and honored this service and sacrifice by providing for Purple Heart license plates, designating a Purple Heart Trail on West Virginia highways, designating each year by Governor’s proclamation that August 7 be designated as West Virginia Purple Heart Day and by West Virginia Code §18B-10-10, the Medal of Honor and Andrew J. Trail Purple Heart Recipient Tuition Waiver, that recognizes Purple Heart recipients with a tuition waiver for undergraduate studies at a state institution; and

    Whereas, The people of the State of West Virginia have a great admiration and the utmost gratitude for all of the men and women who have selflessly served their country and this state in the armed forces, and recognize that each made sacrifices to do so; and

    Whereas, It is a privilege to honor those whose service and sacrifice was recognized with the awarding of a Purple Heart Medal;

therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby designates the State of West Virginia as a Purple Heart State; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor of West Virginia and the Secretary of the Department of Veterans’ Assistance.

    Which, under the rules, lies over one day.

    Senators D. Hall, Cann, Chafin, Facemire, Green, Kirkendoll, Snyder, Tucker, Stollings, Unger, Williams, Kessler (Mr. President), Wells and Plymale offered the following resolution:

    Senate Concurrent Resolution No. 66--Requesting the Joint Committee on Government and Finance to study state insurance rates and audit of rate approval system, to include the process for all coverages and especially the process on rate filings.

    Whereas, The Legislature recognizes the importance of the processes required to arrive at fair and accurate insurance rates; and

    Whereas, Fair and accurate insurance rates are necessary for equitable treatment and for maintaining public confidence in available insurance; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study state insurance rates and audit of rate approval system, to include the process for all coverages and especially the process on rate filings; and, be it

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

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

    Which, under the rules, lies over one day.

    Senators D. Hall, Cann, Chafin, Facemire, Green, Kirkendoll, McCabe, Plymale, Snyder, Stollings, Tucker, Unger, Williams, Prezioso, Kessler (Mr. President), Wells, Cole, Carmichael and Jenkins offered the following resolution:

    Senate Concurrent Resolution No. 67--Urging the United States Congress to support funding and completion of the Coalfields Expressway and King Coal Highway.

    Whereas, The Coalfields Expressway, U. S. Route 121, was planned as a four-lane, partial-access highway approximately sixty-five miles in length, to serve an area from Interstate routes 77 and 64 near Beckley, West Virginia, to U. S. Route 23 in Virginia; and

    Whereas, The Coalfields Expressway was identified as National Highway System High Priority Corridor Number 29 in 1995; and

    Whereas, The Coalfields Expressway, when completed, will be an economic lifeline to this area of high unemployment, and will provide a modern highway, increasing the safety and efficiency of both domestic travel and commercial transport through the coalfields of southwestern Virginia and southern West Virginia; and

    Whereas, The King Coal Highway is planned as a four-lane modern artery between Bluefield and Williamson, West Virginia; and

    Whereas, In 1995, the King Coal Highway was planned as part of

High Priority Corridor Number 5 (the Great Lakes/Mid-Atlantic Corridor) pursuant to the Intermodal Surface Transportation Efficiency Act of 1991; and

    Whereas, King Coal Highway, upon completion, is expected to reduce travel time between West Virginia Route 65 and Corridor G (U. S. 119) near Belo, West Virginia, to Interstate 77 at its U. S. 52 interchange near Bluefield, from 120 minutes to eighty-seven minutes; and

    Whereas, Completion of King Coal Highway is vitally important to the economic development of this area of West Virginia coalfields; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the West Virginia Legislature hereby strongly urges the United States Congress to support funding and completion of the Coalfields Expressway and King Coal Highway; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the President of the United States, the Majority Leader of the United States Senate, the Speaker of the United States House of Representatives and each member of West Virginia's congressional delegation.

    Which, under the rules, lies over one day.

    At the request of Senator Unger, and by unanimous consent, the Senate returned to the fourth order of business.

    Senator Williams, from the Committee on Economic Development, submitted the following report, which was received:

    Your Committee on Economic Development has had under consideration

    Senate Concurrent Resolution No. 68 (originating in the Committee on Economic Development)--Requesting the Joint Committee on Government and Finance study small business development in West Virginia, and the role of business coaches in encouraging such small business development and growth.

    Whereas, West Virginia has a high number of small businesses, which are a key component to the local and state economy; and

    Whereas, Small businesses make up the majority of private employers in the United States and are at the forefront of job creation; and

    Whereas, Encouraging development of small businesses is a key in growing West Virginia’s economy and providing more good-paying jobs to its citizens; and

    Whereas, Business coaches play an important role in helping small businesses grow and operate in a manner that encourages better business decision making, especially in situations where the proprietor does not have a background in business or management; and

    Whereas, The West Virginia Small Business Development Center is a key resource in assisting West Virginia small businesses grow and leverage their resources in an orderly and intelligent manner through their programs, which include business coaches; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study small business development in West Virginia, and the role of business coaches in encouraging such small business development and growth; and, be it

    Further Resolved, That the West Virginia Department of Commerce and the West Virginia Small Business Development Center are requested to assist the Joint Committee on Government and Finance in its study of the small business development and business coaches; and, be it

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

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

    And,

    Senate Concurrent Resolution No. 69 (originating in the Committee on Economic Development)--Requesting the Joint Committee on Government and Finance study the West Virginia Project Launchpad Act; the feasibility of comprehensive tax credits to encourage development of advanced technologies; and the fiscal impact of enacting such comprehensive tax incentive legislation.

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

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

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

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

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

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

    Resolved by the Legislature of West Virginia:

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

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

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

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

    And reports the same back with the recommendation that they each be adopted; but with the further recommendation that they first be referred to the Committee on Rules.

                             Respectfully submitted,

                               Bob Williams,

                                 Chair.

    At the request of Senator Williams, unanimous consent being granted, the resolutions (S. C. R. Nos. 68 and 69) contained in the preceding report from the Committee on Economic Development were taken up for immediate consideration.

    On motion of Senator Williams, the resolutions were referred to the Committee on Rules.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 49, Requesting Joint Committee on Government and Finance study impact of Limited Video Lottery Act on children and poverty.

    On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Select Committee on Children and Poverty; and then to the Committee on Rules.

    The Senate proceeded to the eighth order of business.

    Eng. Com. Sub. for House Bill No. 2497, Requiring applicants for real estate licensure to undergo criminal history record checks.

    On third reading, coming up in regular order, was read a third time and put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2497) passed.

    The following amendment to the title of the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:

    Eng. Com. Sub. for House Bill No. 2497--A Bill to amend and reenact §30-40-11 of the Code of West Virginia, 1931, as amended, relating to application for a real estate license; requiring applicants for real estate licensure to undergo criminal history record checks; declaring the criminal history record check requirement is not against public policy; requiring applicants to submit fingerprints for the criminal history record check; requiring applicants to authorize the use of fingerprints to conduct the criminal history record check; prohibiting the release of criminal history records except in certain limited circumstances; declaring that criminal history records are not subject to the Freedom of Information Act; requiring the applicant to pay the actual costs of the criminal history record check; requiring the commission to promulgate a legislative rule to make the procedures and requirements consistent with federal standards before implementing the requirement for criminal history record checks; and requiring the commission to issue a license without requiring a criminal history record check to an attorney in good standing.

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

    Eng. House Bill No. 2542, Relating to publication of the State Register.

    On third reading, coming up in regular order, was read a third time and put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2542) passed.

    The following amendment to the title of the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:

    Eng. House Bill No. 2542--A Bill to amend and reenact §29A-2-7 of the Code of West Virginia, 1931, as amended, relating to publications of the Secretary of State; requiring the State Register, Code of State Rules and other documents of the Secretary of State be available only in electronic format; exceptions; rule-making authority; and providing that the fees collected for the sale of certain records will be deposited in equal amounts into the General Revenue Fund and the service fees and collections account.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2542) takes effect from passage.

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

    Eng. Com. Sub. for House Bill No. 2979, Relating to broadband deployment projects.

    On third reading, coming up in regular order, was read a third time and put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2979) passed.

    At the request of Senator Snyder, as chair of the Committee on Government Organization, and by unanimous consent, the unreported Government Organization committee amendment to the title of the bill was withdrawn.

    On motion of Senator Snyder, the following amendment to the title of the bill was reported by the Clerk and adopted:

    Eng. Com. Sub. for House Bill No. 2979--A Bill to amend and reenact §31-15C-2, §31-15C-4, §31-15C-8, §31-15C-9 and §31-15C-10 of the Code of West Virginia, 1931, as amended, all relating to the Broadband Deployment Council; modifying and adding definitions; clarifying that the data rate for broadband will be the same as specified by the Federal Communications Commission; requiring the Council to give priority for funding for broadband service to unserved areas; requiring annual reports to the Joint Committee on Government and Finance; extending the council’s public outreach and education efforts beyond unserved areas; rule-making and emergency rule-making authority; revising the council’s guidelines and criteria for funding assistance; modifying the application process for project assistance; and revising notice and publication requirements.

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

    The Senate proceeded to the ninth order of business.

    Senate Bill No. 665, Expiring funds from State Fund, General Revenue, and making supplementary appropriation to Attorney General and DHHR, Consolidated Medical Service Fund.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Eng. Com. Sub. for House Bill No. 2046, Requiring wireless telecommunications companies to release location information of a missing person's cell phone in a timely manner; the "Kelsey Smith Act".

    On second reading, coming up in regular order, was read a second time and ordered to third reading.

    Eng. Com. Sub. for House Bill No. 2351, Authorizing law enforcement to issue a charge by citation when making an arrest for driving with a suspended or revoked license.

    On second reading, coming up in regular order, was read a second time and ordered to third reading.

    Eng. Com. Sub. for House Bill No. 2357, Relating to sexting by minors.

    On second reading, coming up in regular order, was read a second time.

    The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:

    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 §49-5-13g; and that said code be amended by adding thereto a new section, designated §61-8C-3b, all to read as follows:

CHAPTER 49. CHILD WELFARE.

ARTICLE 5. JUVENILE PROCEEDINGS.

§49-5-13g. Sexting educational diversion program.

    (a) Before a juvenile petition is filed for activity proscribed by article eight-a or eight-c, chapter sixty-one of this code, or after probable cause has been found to believe a juvenile has committee a violation thereof, but before an adjudicatory hearing on the petition, the court or a prosecuting attorney may direct or allow a minor who engaged in such activity to participate in an educational diversion program which meets the requirements of subsection (b) of this section. The prosecutor or court may refer the minor to the educational diversion program, as part of a pre-petition diversion and informal resolution pursuant to the provisions of section two-a of this article; as part of counseling provided pursuant to the provisions of sections three or three-a of this article; or as part of the requirements of an improvement period to be satisfied in advance of an adjudicatory hearing pursuant to the provisions of section nine of this article.

    (b) The West Virginia Supreme Court of Appeals may develop an educational diversion program for minors who are accused of activity proscribed by the provisions of article eight-a or eight-c, chapter sixty-one of this code. As a part of any specialized educational diversion program so developed, the following issues and topics should be included:

    (1) The legal consequences of and penalties for sharing sexually suggestive or explicit materials, including applicable federal and state statutes;

    (2) The nonlegal consequences of sharing sexually suggestive or explicit materials including, but not limited to, the effect on relationships, loss of educational and employment opportunities, and being barred or removed from school programs and extracurricular activities;

    (3) How the unique characteristics of cyberspace and the Internet, including searchability, replicability and an infinite audience, can produce long-term and unforeseen consequences for sharing sexually suggestive or explicit materials; and

    (4) The connection between bullying and cyber-bullying and minors sharing sexually suggestive or explicit materials.

    (c) Once a specialized educational diversion program is established by the West Virginia Supreme Court of Appeals consistent with the provisions of this section, the minor’s successful completion of the educational diversion program shall be duly considered by the prosecutor or the court in their respective decisions to either abstain from filing the juvenile petition or to dismiss the juvenile petition, as follows:

    (1) If the minor has not previously been judicially determined to be delinquent, and the minor’s activities represent a first offense for a violation of section three-b, article eight-c, chapter sixty-one of this code, the minor shall not be subject to the requirements of said section, as long as he or she successfully completes the educational diversion program; and

    (2) If the minor commits a second or subsequent violation of article eight-a or eight-c, chapter sixty-one of this code, the minor’s successful completion of the educational diversion program may be considered as a factor to be considered by the prosecutor and court in deciding to not file a petition or to dismiss a petition, upon successful completion of an improvement plan established by the court.

CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

ARTICLE 8C. FILMING OF SEXUALLY EXPLICIT CONDUCT OF MINORS.

§61-8C-3b. Prohibiting juveniles from manufacturing, possessing and distributing nude or partially nude images of minors; creating exemptions; declaring a violation to be an act of juvenile delinquency; and providing for the punishment thereof.

    (a) Any minor who intentionally possesses, creates, produces, distributes, presents, transmits, posts, exchanges, or otherwise disseminates a visual portrayal of another minor posing in an inappropriate sexual manner or who distributes, presents, transmits, posts, exchanges or otherwise disseminates a visual portrayal of himself or herself posing in an inappropriate sexual manner shall be guilty of an act of delinquency and upon adjudication disposition may be made by the circuit court pursuant to the provisions of article five, chapter forty-nine of this code.

    (b) As used in this section:

    (1) “Posing in an inappropriate sexual manner” means exhibition of a bare female breast, female or male genitalia, pubic or rectal areas of a minor for purposes of sexual titillation.

    (2) “Visual portrayal” means:

    (A) A photograph;

    (B) A motion picture;

    (C) A digital image;

    (D) A digital video recording; or

    (E) Any other mechanical or electronic recording process or device that can preserve, for later viewing, a visual image of a person that includes, but is not limited to, computers, cellphones, personal digital assistance and other digital storage or transmitting devices;

    (c) It shall be an affirmative defense to an alleged violation of this section that a minor charged with possession of the prohibited visual depiction did neither solicit its receipt nor distribute, transmit or present it to another person by any means.

    (d) Notwithstanding the provisions of article twelve, chapter fifteen of this code, an adjudication of delinquency under the provisions of this section shall not subject the minor to the requirements of said article and chapter.

    The bill (Eng. Com. Sub. for H. B. No. 2357), as amended, was then ordered to third reading.

    Eng. Com. Sub. for House Bill No. 2399, Protecting livestock in dire or extreme condition.

    On second reading, coming up in regular order, was read a second time.

    The following amendment to the bill, from the Committee on Agriculture and Rural Development, was reported by the Clerk and adopted:

    By striking out everything after the enacting clause and inserting in lieu thereof the following:

    That §19-18-4, §19-18-5, §19-18-6, §19-18-7, §19-18-8, §19-18-9, §19-18-10, §19-18-11 and §19-18-12 of the Code of West Virginia, 1931, as amended, be repealed; that §19-1C-4 of said code be amended and reenacted; and that §19-18-1, §19-18-2 and §19-18-3 of said code be amended and reenacted, all to read as follows:

ARTICLE 1C. CARE OF LIVESTOCK.

§19-1C-4. Powers and duties of the board.

    (a) The board has the following powers and duties to:

    (1) Establish standards governing the care and well-being of livestock;

    (2) Maintain food safety;

    (3) Encourage locally grown and raised food; and

    (4) Protect West Virginia farms and families.

    (b) The board is also authorized to establish standards by legislative rule, pursuant to the provisions of article three, chapter twenty-nine-a of this code, governing the care and well-being of livestock in this state, including:

    (1) The agricultural best management practices for the care and well-being of livestock and poultry in this state;

    (2) Procedures for addressing complaints regarding the inhumane treatment of livestock and coordinating efforts with county humane officers;

    (2) (3) Biosecurity, disease prevention, animal morbidity and mortality data;

    (3) (4) Food safety practices; and

    (4) (5) The protection of local, affordable food supplies for consumers.

    (c) The Department of Agriculture shall administer and enforce the standards established by the board that are approved by the Legislature.

ARTICLE 18. GENERAL LIVESTOCK TRESPASS LAW.

§19-18-1. Livestock trespassing on property of another; damages for injuries to person or property; notice to livestock owner; containment of livestock; costs for containment.

    (a) If livestock enters the property of a landowner without that landowner’s consent, the owner of the livestock is liable for damages for personal injury or property damage in a civil action in magistrate or circuit court.

    (b) The landowner must attempt to contact the owner of the trespassing livestock within forty-eight hours of the trespass. If the owner cannot be contacted within forty-eight hours, the landowner shall notify the county sheriff.

    (c) The landowner may contain the trespassing livestock on his or her property, but is not required to do so. If the landowner is able to contact the owner of the trespassing livestock pursuant to subsection (a) of this section, he or she shall also inform the owner of the costs of containment.

    (d) The owner of the trespassing livestock and the landowner shall attempt to mutually agree upon a fair cost for any containment. A fair cost for containment is an amount which would be allowed for the sheriff for containing similar livestock. If the negotiation fails, or if the landowner is not otherwise reimbursed for the costs for containment, the landowner may seek monetary damages in a civil action for these costs.

§19-18-2. Unclaimed livestock; containment by sheriff; sheriff’s sale at public auction.

    (a) If the owner of trespassing livestock cannot be determined, or if the trespassing livestock has not been recovered within ten days of notifying the owner, the county sheriff shall take possession of the trespassing livestock.

    (b) The county sheriff may return the livestock to its owner and seek reimbursement for containment costs. If attempts to return the livestock to the owner fail, the sheriff may, after publishing notice as a Class I legal advertisement, sell the livestock to the highest bidder at a public livestock auction.

    (c) The proceeds of the livestock sale shall be distributed in the following order:

    (1) Costs incident to the sale;

    (2) Costs of containment incurred by the sheriff and the landowner;

    (3) Any remaining amount to the owner of the trespassing livestock; and

    (4) If the owner is unknown or does not claim the amount remaining within ninety days, that amount shall be deposited into the county treasury.

§19-18-3. Criminal penalties for trespassing livestock.

    (a) While livestock may escape enclosures due to accident or unforeseen circumstances, it is unlawful for the owner of livestock to negligently permit livestock to run at large and trespass on the property of other landowners.

    (b) If livestock injures a person or destroys the property of another person while negligently trespassing, the owner of the livestock shall be given an oral or written warning for the first offense. For a second offense within six months of the first, the owner is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $100. For a third or subsequent offense within six months of the second or subsequent offense, the owner is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000.

    The bill (Eng. Com. Sub. for H. B. No. 2399), as amended, was then ordered to third reading.

    Eng. Com. Sub. for House Bill No. 2431, Modifying the application process for obtaining a state license to carry a concealed deadly weapon.

    At the request of Senator Palumbo, unanimous consent being granted, the bill was advanced to third reading with the unreported Judiciary committee amendment pending and the right for further amendments to be considered on that reading.

    Eng. Com. Sub. for House Bill No. 2453, Expanding the Amber Alert Plan; "SKYLAR'S LAW".

    On second reading, coming up in regular order, was read a second time.

    The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:

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

    The bill (Eng. Com. Sub. for H. B. No. 2453), as amended, was then ordered to third reading.

    Eng. Com. Sub. for House Bill No. 2505, Increasing civil penalties imposed by the Public Service Commission for pipeline safety violations.

    On second reading, coming up in regular order, was read a second time and ordered to third reading.

    Eng. House Bill No. 2508, Changing the capital investment threshold amount.

    On second reading, coming up in regular order, was read a second time.

    On motion of Senator Sypolt, the following amendments to the bill were reported by the Clerk and considered simultaneously:

    On page seven, section seven, line one hundred thirteen, after the word “district” by inserting the following: in a Class I County or more than $25 million in a county in classes II through X,;

    On page eight, section seven, line one hundred twenty-five, after the word “district” by inserting the following: “in a Class I County or more than $25 million in a county in classes II through X”;

    On page eighteen, section seven, line one hundred eighteen, after the word “district” by inserting the following: in a Class I County or more than $25 million in a county in classes II through X,;

    And,

    On page eighteen, section seven, line one hundred thirty, after the word “district” by inserting the following: “in a Class I County or more than $25 million in a county in classes II through X”.

    Following discussion,

    The question being on the adoption of Senator Sypolt’s amendments to the bill, the same was put and did not prevail.

    The bill (Eng. H. B. No. 2508) was then ordered to third reading.

    Eng. Com. Sub. for House Bill No. 2512, Reforming the state Medicaid subrogation statute.

    On second reading, coming up in regular order, was read a second time.

    The following amendments to the bill, from the Committee on the Judiciary, were reported by the Clerk, considered simultaneously and adopted:

    On page five, section eleven, lines fifty-four through fifty-seven, by striking out all of subdivision (2) and inserting in lieu thereof a new subdivision, designated subdivision (2), to read as follows:

    (2) If the recipient has no legal representative and the third party knows or reasonably should know that a recipient has no representation then the third party shall provide notice to the department within sixty days of receipt of a claim or within thirty days of receipt of information or documentation reflecting the recipient is receiving medicaid benefits, whichever is later in time.;

    And,

    On page five, section eleven, lines sixty-two through sixty-six, by striking out all of subdivision (4) and inserting in lieu thereof a new subdivision, designated subdivision (4), to read as follows:

    (4) The department shall provide the recipient and the third party, if the recipient is without legal representation, notice of the amount of the purported subrogation lien within thirty days of receipt of notice of the claim. The department shall provide related supplements in a timely manner, but no later than fifteen days after receipt of a request for same.

    The bill (Eng. Com. Sub. for H. B. No. 2512), as amended, was then ordered to third reading.

    Eng. Com. Sub. for House Bill No. 2514, Lowering the total amount of tax credits available under the Film Industry Investment Act.

    On second reading, coming up in regular order, was read a second time.

    The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:

    By striking out everything after the enacting clause and inserting in lieu thereof the following:

    That §11-13X-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 13X. WEST VIRGINIA FILM INDUSTRY INVESTMENT ACT.

§11-13X-5. Amount of credit allowed; limitation of the credits.

    (a) Base allowance. --

    The amount of credit allowed to every eligible company, except as provided in subsection (b) of this section, shall be is twenty-seven percent.

    (b) Extra allowance for hiring of local workers. -- Any amount allowed in subsection (a) of this section shall be increased by an additional four percent if the eligible company, or its authorized payroll service company, employs ten or more West Virginia residents as part of its full-time employees working in the state or as apprentices working in the state.

    (c) Application of the credits. -- The tax credit allowed under this section shall be applied to the eligible company's state tax liability as provided in section seven of this article.

    (d) Limitation of the credits. -- No more than $10 $5 million of the tax credits shall may be allocated by the film office in any given West Virginia state fiscal year. The film office shall allocate the tax credits in the order the applications therefor are received.

    The bill (Eng. Com. Sub. for H. B. No. 2514), as amended, was then ordered to third reading.

    Eng. House Bill No. 2516, Updating the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act.

    On second reading, coming up in regular order, was read a second time and ordered to third reading.

    Eng. Com. Sub. for House Bill No. 2519, Relating to reallocation and repatriation of certain funds to the General Revenue Fund.

    On second reading, coming up in regular order, was read a second time and ordered to third reading.

    Eng. Com. Sub. for House Bill No. 2548, Increasing the criminal penalties for assaults and batteries against athletic officials.

    On second reading, coming up in regular order, was read a second time and ordered to third reading.

    Eng. Com. Sub. for House Bill No. 2554, Providing a procedure for the Secretary of State to reinstate certificates of authority for foreign corporations.

    On second reading, coming up in regular order, was read a second time and ordered to third reading.

    Eng. Com. Sub. for House Bill No. 2579, Revising state water quality standard for Selenium.

    On second reading, coming up in regular order, was read a second time.

    The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:

    By striking out everything after the enacting section and inserting in lieu thereof the following:

    ARTICLE 11. WATER POLLUTION CONTROL ACT.

§22-11-6. Requirement to comply with standards of water quality and effluent limitations.

    All persons affected by rules establishing water quality standards and effluent limitations shall promptly comply therewith: Provided, That:

    (1) Where necessary and proper, the secretary may specify a reasonable time for persons not complying with such standards and limitations to comply therewith, and upon the expiration of any such period of time, the secretary shall revoke or modify any permit previously issued which authorized the discharge of treated or untreated sewage, industrial wastes or other wastes into the waters of this state which result in reduction of the quality of such waters below the standards and limitations established therefor by rules of the board or secretary;

    (2) Notwithstanding any rule or permit condition to the contrary, and except for any standard imposed under section 307 of the federal Water Pollution Control Act for a toxic pollutant injurious to human health, compliance with a permit issued pursuant to this article shall be deemed compliance for purposes of both this article and sections 301, 302, 306, 307 and 403 of the federal Water Pollution Control Act. Nothing in this section, however, prevents the secretary from modifying, reissuing or revoking a permit during its term. The provisions of this section addressing compliance with a permit are intended to apply to all existing and future discharges and permits without the need for permit modifications. However, should any such modification be necessary under the terms of this article, then the secretary shall immediately commence the process to effect such modifications; and

    (3) The Legislature finds that there are concerns within West Virginia regarding the applicability of the research underlying the federal selenium criteria to a state such as West Virginia which has high precipitation rates and free-flowing streams and that the alleged environmental impacts that were documented in applicable federal research have not been observed in West Virginia and, further, that considerable research is required to determine if selenium is having an impact on West Virginia streams, to validate or determine the proper testing methods for selenium and to better understand the chemical reactions related to selenium mobilization in water. For existing NPDES permits, the department may extend the time period for achieving water quality-based effluent limits for selenium discharges into waters supporting aquatic life uses to July 1, 2012, upon compliance with all federally required public notice requirements for such modifications, upon a finding that the permittee cannot comply with its existing compliance schedule and that an extension is not in violation of any state or federal laws, rules or regulations. The West Virginia Department of Environmental Protection is hereby directed to undertake a comprehensive study relating to selenium and prepare a report detailing such findings and submitting the report to the Joint Committee on Government and Finance no later than January 1, 2010. In conducting such study, the West Virginia Department of Environmental Protection shall consult with, among others, West Virginia University and the West Virginia Water Research Institute.

    (4) The Legislature finds that EPA has been contemplating a revision to the federally recommended criteria for several years but has yet to issue a revised standard.

    (5) Because of the uncertainty regarding the applicability of the current selenium standard, the secretary is hereby directed to develop within six months of the effective date of this subdivision an implementation plan for the current selenium standard that will include, at minimum, the following:

    (A) Implementing the criteria as a threshold standard;

    (B) A monitoring plan that will include chemical speciation of any selenium discharge;

    (C) A fish population survey and monitoring plan that will be implemented at a representative location to assess any possible impacts from selenium discharges if the threshold criteria are exceeded; and

    (D) The results of the monitoring will be reported to the department for use in the development of state-specific selenium criteria.

    (6) Within twenty-four months of the effective date of this subdivision, the secretary shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine of this code which establish a state-specific selenium standard that protects aquatic life. Concurrent with proposing a legislative rule, the secretary shall also submit the proposed standard and supporting documentation to the Administrator of the Environmental Protection Agency. The secretary shall also consult with and consider research and data from the West Virginia Water Research Institute at West Virginia University, the regulated community, and other appropriate groups in developing the state-specific selenium standard.

    The bill (Eng. Com. Sub. for H. B. No. 2579), as amended, was then ordered to third reading.

    Eng. House Bill No. 2586, Relating to qualifications for a license to practice embalming.

    On second reading, coming up in regular order, was read a second time.

    The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:

    By striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 6. BOARD OF FUNERAL SERVICE EXAMINERS.

§30-6-8. Embalmer license requirements.

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

    (1) Is of good moral character;

    (2) Is eighteen years of age or over;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    The bill (Eng. H. B. No. 2586), as amended, was then ordered to third reading.

    Eng. Com. Sub. for House Bill No. 2603, Relating to the Family Protection Services Board.

    On second reading, coming up in regular order, was read a second time.

    At the request of Senator Snyder, as chair of the Committee on Government Organization, and by unanimous consent, the unreported Government Organization committee amendment to the bill was withdrawn.

    The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:

    By striking out everything after the enacting clause and inserting in lieu thereof the following:

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

ARTICLE 26. DOMESTIC VIOLENCE ACT.

Part II. Definitions.

§48-26-202. Advocacy defined.

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

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

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

§48-26-204. Board defined.

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

§48-26-205. Closure defined.

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

§48-26-206. Department defined.

    “Department” means the Department of Health and Human Resources.

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

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

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

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

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

§48-26-210. Intimate partner defined.

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

§48-26-211. Licenses defined.

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

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

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

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

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

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

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

§48-26-213. Outreach defined.

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

§48-26-214. Shelter defined.

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

Part III. Family Protection Services Board.

§48-26-301. Family Protection Services Board continued; terms.

    (a) The Family Protection Services Board, previously created, is continued.

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

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

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

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

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

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

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

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

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

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

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

Part IV. Duties of Family Protection Services Board.

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

    It is the duty of the board to:

    (a) The board shall:

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

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

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

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

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

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

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

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

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

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

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

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

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

    (14) Enforce standards; and

    (15) Review its rules biannually.

    (b) The board may:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§48-26-403. Legislative rules.

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

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

    (1) Operating procedures of the board;

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

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

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

    (C) Monitored parenting and exchange programs; and

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

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

§48-26-406. Closure of programs.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Part VI. Funding.

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

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

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

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

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

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

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

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

Part VII. Confidentiality.

§48-26-701. Confidentiality.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Part X. Monitored Parenting and Exchange Programs.

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

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

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

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

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

§48-26-1002. Exclusions.

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

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

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

    The bill (Eng. Com. Sub. for H. B. No. 2603), as amended, was then ordered to third reading.

    Eng. Com. Sub. for House Bill No. 2608, Requiring appraisal management companies to be registered.

    On second reading, coming up in regular order, was read a second time.

    The following amendment to the bill, from the Committee on Banking and Insurance, was reported by the Clerk and adopted:

    By striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 38. THE REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT.

§30-38-6. Board created; appointments, qualifications, terms, oath, removal of members; quorum; meetings; disqualification from participation; compensation; records; employing staff.

    (a) The West Virginia real estate appraiser licensing and certification board, which consists of nine members appointed by the governor with the advice and consent of the Senate, is continued.

    (1) Each member shall be a resident of the state of West Virginia, except the appraisal management company representative is not required to be a resident of West Virginia.

    (2) Four members shall be certified real estate appraisers having at least five years' experience in appraisal as a principal line of work immediately preceding their appointment, and shall remain certified real estate appraisers throughout their terms.

    (3) Two members shall have at least five years' experience in real estate lending as employees of financial institutions.

    (4) Three Two members may not be engaged in the practice of real estate appraisal, real estate brokerage or sales or have any financial interest in these practices.

    (5) One member shall be a representative from an appraisal management company registered under the provisions of article thirty-eight-a of this chapter.

    (6) No member of the board may concurrently be a member of the West Virginia real estate commission.

    (7) Not more than two appraiser members may be appointed from each congressional district.

    (b) Members will be appointed for three-year terms, which are staggered in accordance with the initial appointments under prior enactment of this act.

(1) No member may serve for more than three consecutive terms.

    (2) Before entering upon the performance of his or her duties, each member shall subscribe to the oath required by section five, article four of the constitution of this state.

    (3) The governor shall, within sixty days following the occurrence of a vacancy on the board, fill the vacancy by appointing a person who meets the requirements of this section for the unexpired term.

    (4) Any member may be removed by the governor in case of incompetency, neglect of duty, gross immorality or malfeasance in office.

    (c) The board shall elect a chairman.

    (d) A majority of the members of the board constitutes a quorum.

    (d) (e) The board shall meet at least once in each calendar quarter on a date fixed by the board.

    (1) The board may, upon its own motion, or shall upon the written request of three members of the board, call additional meetings of the board upon at least twenty-four hours' notice.

    (2) No member shall may participate in a proceeding before the board to which a corporation, partnership or unincorporated association is a party, and of which he or she is or was at any time in the preceding twelve months a director, officer, owner, partner, employee, member or stockholder.

    (3) A member may disqualify himself or herself from participation in a proceeding for any other cause the member considers sufficient.

    (e) (f) The appointed members will receive compensation and expense reimbursement in accordance with the provisions of section eleven, article one of this chapter.

    (f) (g) The board may employ staff as necessary to perform the functions of the board, to be paid out of the board fund created by the provisions of this article. Persons employed by any real estate agent, broker, appraiser or lender, or by any partnership, corporation, association or group engaged in any real estate business, may not be employed by the board.

§30-38-7. General powers and duties.

    The board shall:

    (a) Define by rule the type of educational experience, appraisal experience and equivalent experience that will meet the statutory requirements of this article;

    (b) Establish examination specifications as prescribed herein and provide for appropriate examinations;

    (c) Establish registration requirements and procedures for appraisal management companies under the provisions of article thirty-eight-a of this chapter;

    (c) (d) Approve or disapprove applications for certification and licensure;

    (e) Approve or disapprove applications for registration under the provisions of article thirty-eight-a of this chapter;

    (d) (f) Define by rule continuing education requirements for the renewal of certifications and licenses;

    (e) (g) Censure, suspend or revoke licenses and certification as provided in this article;

    (h) Suspend or revoke registrations under the provisions of article thirty-eight-a of this chapter;

    (f) (i) Hold meetings, hearings and examinations;

    (g) (j) Establish procedures for submitting, approving and disapproving applications;

    (h) (k) Maintain an accurate registry of the names, and addresses and contact information of all persons certified or issued a license to practice under this article;

    (l) Maintain an accurate registry of the names, addresses and contact information of all persons and firms registered under the provisions of article thirty-eight-a of this chapter;

    (i) (m) Maintain accurate records on applicants and licensed or certified real estate appraisers;

    (n) Maintain accurate records on applicants under the provisions of article thirty-eight-a of this chapter;

    (j) (o) Issue to each licensed or certified real estate appraiser a pocket card with the appraiser’s name and license or certification number. Pocket cards are the property of the State of West Virginia and, upon suspension or revocation of the license to practice pursuant to this article, will be returned immediately to the board;

    (p) Issue registration numbers to registrants under the provisions of article thirty-eight-a of this chapter;

    (k) (q) Deposit all fees collected by the board to the credit of the West Virginia appraiser licensing and certification board fund established in the office of the State Treasurer. The board shall disburse moneys from the account to pay the cost of board operation. Disbursements from the account may not exceed the moneys credited to it;

    (l) (r) Keep records and make reports as required by article one of this chapter; and

    (m) (s) Perform any other functions and duties necessary to carry out the provisions of this article and article thirty-eight-a of this chapter.

§30-38-9. Rulemaking.

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

    (1) Licensure and certification requirements, including requirements for applications, examinations, reciprocity, temporary permits, apprentice permits and reinstatement;

    (2) Registration requirements, including delinquent and expired registrations, for appraisal management companies under the provisions of article thirty-eight-a of this chapter;

    (2) (3) Fees for licenses, renewals of licenses and other services provided by the board;

    (4) A fee schedule for registrations of appraisal management companies under the provisions of article thirty-eight-a of this chapter;

    (5) Surety bond requirements for registrations of appraisal management companies under the provisions of article thirty-eight-a of this chapter;

    (6) Requirements and procedures for appraisal management companies to maintain records under the provisions of article thirty-eight-a of this chapter;

    (3) (7) Experience, education and continuing education requirements and approval of courses; and

    (4) (8) Any other purpose to carry out the requirements of this article and article thirty-eight-a of this chapter.

    (b) The rule governing appraiser qualifications must include requirements which meet or exceed the education, experience and examination requirements issued or endorsed by the appraisal qualifications board of the appraisal foundation.

    (c) Any rules in effect as of the passage of this article on the effective date of the reenactment of this section during the regular session of the Legislature in 2013 will remain in effect until amended, modified, repealed or replaced, except that references to provisions of former enactments of this act are interpreted to mean provisions of this article.

ARTICLE 38A. APPRAISAL MANAGEMENT COMPANIES REGISTRATION ACT.

§30-38A-1. Unlawful acts.

    (a) Commencing July 1, 2014, it is unlawful for any person or firm to perform or offer to perform appraisal management services, or act as an appraisal management company within this state without a registration issued by the West Virginia Real Estate Appraiser Licensing and Certification Board under the provisions of this article.

    (b) Commencing July 1, 2014, it is unlawful for any person or firm not registered under the provisions of this article to advertise or use a title or description conveying the impression that the person or firm is registered to perform appraisal management services or registered to act as an appraisal management company within this state.

§30-38A-2. Applicable law.

    Appraisal management companies and appraisal management services covered under the provisions of this article are subject to the requirements set forth in this article and the rules promulgated hereunder, and the provisions of article one and article thirty-eight of this chapter.

§30-38A-3. Definitions.

    As used in this article, the following words and terms have the following meanings, unless the context clearly indicates otherwise:

    (a) “Applicant” means a person or firm making an application for registration under the provisions of this article.

    (b) “Appraisal” means an analysis, opinion or conclusion prepared by a real estate appraiser relating to the nature, quality, value or utility of specified interests in, or aspects of, identified real estate or identified real property. An appraisal may be classified by the nature of the assignment as a valuation appraisal, an analysis assignment or a review assignment.

    (c) “Appraisal Management Company” means a person or firm that performs or provides appraisal management services, directly or indirectly, through the use of software products or online, or by any means of communication.

    (d) “Appraisal management services” means the business of managing the process of having an appraisal performed for compensation or pecuniary gain, including but not limited to any of the following actions:

    (1) Conducting business directly or indirectly by telephone, electronically, mail or in person;

    (2) Providing related administrative and clerical duties;

    (3) Recruiting, selecting or retaining appraisers;

    (4) Verifying qualifications of appraisers;

    (5) Establishing and administering an appraiser panel;

    (6) Receiving appraisal orders from clients;

    (7) Contracting and negotiating fees with appraisers to perform appraisal services;

    (8) Receiving appraisals from the appraiser and submitting completed appraisals to clients;

    (9) Tracking and determining the status of orders for appraisals;

    10) Reviewing, verifying and conducting quality control of a completed appraisal;

    (11) Collecting fees from the clients; and

    (12) Compensating appraisers for appraisal services rendered.    (e) “Appraisal review” means the act of developing and communicating an opinion about the quality of another appraiser’s work that was performed as part of an appraiser assignment. The review does not include:

    (1) An examination of an appraisal for grammatical, typographical or other similar errors that do not make a substantive valuation change; or

    (2) A general examination for compliance including regulatory and/or client requirements as specified in the agreement process that do not communicate an opinion as to the valuation conclusion.

    (f) “Appraisal services” means the practice of developing an opinion of the value of real estate in conformity with the minimum USPAP standards.

    (g) “Appraiser” means a person licensed or certified, under the provisions of article thirty-eight of this chapter, to perform an appraisal.

    (h) “Appraiser panel” means a group of appraisers that perform appraisals for an appraisal management company as independent contractors.

    (i) “Automated valuation model (AVM)” means a mathematically based computer software program that produces an estimate of market value based on market analysis of location, market conditions, and real estate characteristics from information that was previously and separately collected.

    (j) “Board” means the West Virginia Real Estate Appraiser Licensing and Certification Board established under the provisions of article thirty-eight of this chapter.

    (k) “Client” means a person or firm that contracts or enters into an agreement with an appraisal management company for the performance of an appraisal.

    (l) “Controlling person” means a person authorized by an appraisal management company to contract or enter into agreements with clients and independent appraisers for the performance of appraisal services and who has the power to manage the appraisal management company.

    (m) “Firm” means a corporation, limited liability company, partnership, sole proprietorship or any other business entity.

    (n) “Registrant” means a person or firm holding a registration issued by the board under the provisions of this article.

    (o) “Registration” means a registration issued by the board under the provisions of this article.

    (p) “State” means the State of West Virginia.

    (q) “USPAP” means the Uniform Standards of Professional Appraisal Practice.

§30-38A-4. Registration requirements.

    (a) A person or firm performing or offering to perform appraisal management services or acting as an appraisal management company within this state shall be registered with the board by July 1, 2014.

    (b) A firm applying for a registration may not be owned, directly or indirectly, by any employee or consultant who is:

    (1) A person who has had a license or certificate to act as an appraiser refused, denied, canceled or revoked in this state or any other jurisdiction, unless the license or certificate was subsequently granted or reinstated; or

    (2) A firm that employs a person who has had a license or certificate to act as an appraiser refused, denied, canceled, revoked or surrendered in this state or any other jurisdiction, unless the license or certificate was subsequently granted or reinstated.

    (c) The board may issue a registration to perform appraisal management services or act as an appraisal management company to a person or firm that:

    (1) Makes written application to the board as set out in section six of this article;

    (2) Submits certifications as set out in section seven of this article;

    (3) Submits national and state criminal background checks as set out in section eight of this article;

    (4) Posts a surety bond as set out in section nine of this article;

    (5) Pays the applicable fees as set out in section ten of this article;

    (6) Has a designated controlling person as set out in section eleven of this article; and

    (7) Meets any other requirement set by the board.

    (d) The registrations issued under the provisions of this article shall be renewed annually on July 1.

    (e) Registrations not renewed in a timely manner are delinquent. To reinstate a delinquent registration, the registrant must pay a monthly penalty, as set by the board.

    (f) A registration that has been delinquent for more than three months shall be considered expired and a new application for registration is required.

    (g) The board shall issue a registration number to each appraisal management company registered in this state.

    (h) The board shall keep a list of appraisal management company registered in this state and publish the list on its website.

§30-38A-5. Exemptions.

    This article does not apply to:

    (a) A financial institution, including a department or unit within an institution that is regulated by an agency of this state or the United States government; or

    (b) An appraisal management company that is a subsidiary wholly owned and controlled by a financial institution regulated by a federal financial institution regulatory agency.

§30-38A-6. Written application requirements.

    (a) The written application shall be submitted on a form prescribed by the board and shall include:

    (1) The name, the street and mailing address and the contact information, including telephone number and e-mail address, of the person or firm seeking registration;

    (2) The name, the street and mailing address and the contact information, including telephone number and e-mail address, of each owner of more than ten percent of the firm seeking registration;

    (3) The name, the street and mailing address and the contact information, including telephone number and e-mail address, of the controlling person of the firm seeking registration; and

    (4) (A) If the applicant is a domestic firm, the designation of an agent for service of process; or

    (B) If the applicant is a foreign firm, documentation that the foreign firm is authorized to do business in West Virginia and that an agent for service of process has been designated and the following has been submitted:

    (i) A copy of the filing with the Secretary of State’s Office appointing an agent for service of process; and

    (ii) A certificate of authority issued by the Secretary of State.

    (b) The board shall maintain a list of all applicants for registration that includes the information in the written application.

§30-38A-7. Certification requirements.

    (a) The certification for registration shall be in writing, on a form prescribed by the board and signed by the applicant or controlling person. The certification shall include statements that the applicant:

    (1) Has a process in place to verify that any person used as an appraiser or added to the appraiser panel of the applicant is a licensed or certified appraiser in good standing in West Virginia;

    (2) Has set requirements to verify that appraisers are geographically competent and can perform the appraisals assigned;

    (3) Has set procedures for an appraiser, licensed or certified in this state or in any state with a minimum of the same certification level for the property type as the appraiser who performed the appraisal, to review the work of the appraisers performing appraisals for the applicant to verify that the appraisals are being conducted in accordance with the minimum USPAP standards;

    (4) Will require appraisals to be conducted independently and free from inappropriate influence and coercion as required by the appraisal independence standards established under Section 129E of the Truth in Lending Act and the rules and regulations issued pursuant to the Act, including the requirement that appraisers be compensated at a customary and reasonable rate when the appraisal management company is providing services for a consumer credit transaction secured by the principal dwelling of a consumer;

    (5) Maintains a detailed record of each request for appraisal it receives from a client and the appraiser that performs the appraisal; and

    (6) Has submitted any other information required by the board.

    (b) The applicant, each owner who is an employee of or consultant for the applicant and any controlling person shall submit a written verification, on a form prescribed by the board, that includes statements that:

    (1) The written application and verification for registration contain no false or misleading statements;

    (2) The applicant has complied with the requirements of this article;

    (3) The applicant, each owner who is an employee of or consultant for the applicant, and the controlling person of the firm seeking registration has not pleaded guilty or nolo contendere to or been convicted of a felony;

    (4) Within the past ten years, the applicant, each owner who is an employee of or consultant for the applicant, and the controlling person of the firm seeking registration has not pleaded guilty or nolo contendere to or been convicted of:

    (A) A misdemeanor involving mortgage lending or real estate appraisals; or

    (B) An offense involving breach of trust or fraudulent or dishonest dealing;

    (5) The applicant, each owner who is an employee of or consultant for the applicant, and the controlling person of the firm seeking registration are of good character and reputation and that none of them has had a license or certificate to act as an appraiser refused, denied, canceled, revoked or surrendered in this state or any other jurisdiction, and the license or certification was not subsequently granted or reinstated;

    (6) The applicant, each owner who is an employee of or consultant for the applicant, and the controlling person of the firm seeking registration are not permanently or temporarily enjoined by a court of competent jurisdiction from engaging in or continuing any conduct or practice involving appraisals, appraisal management services or operating an appraisal management company;

    (7) The applicant, each owner who is an employee of or consultant for the applicant, and the controlling person of the firm seeking registration are not the subject of an order of the board or any other jurisdiction’s agency that regulates appraisal management companies that denied, suspended or revoked the applicant’s or firm’s privilege to operate as an appraisal management company;

    (8) The applicant, each owner who is an employee of or consultant for the applicant, and the controlling person of the firm seeking registration have not acted as an appraisal management company while not being properly registered by the board; and

    (9) Set forth any other requirements of the board.

§30-38A-8. Background check requirements.

    (a) Upon application, the applicant, each owner who is an employee of or consultant for the applicant, and the controlling person of the firm seeking registration shall submit to a state and national criminal history record check, as set forth in this section.

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

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

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

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

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

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

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

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

    (3) Pursuant to a court order.

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

    (d) The applicant shall ensure that the criminal history record check is completed as soon as possible after the date of the original application for registration.

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

§30-38A-9. Surety bond requirements and claims.

    (a) Each applicant shall post and maintain a surety bond with the board. The aggregate liability of the surety bond may not exceed the principal sum of the surety bond.

    (b) The surety bond shall:

    (1) Be established by the board through rules;

    (2) Not exceed $100,000;

    (3) Be in the form prescribed by the board;

    (4) Be issued by an surety company authorized to do business in West Virginia; and

    (5) Accrue to the state for the benefit of any claimant against the registrant to secure the faithful performance of the registrant’s obligations.

    (c) The board may bring suit on behalf of the party having a claim against the registrant.

    (d) Consumer claims shall be given priority in recovering from the surety bond.

    (e) Claimants may make claim under the bond for up to one year after the applicant ceases doing business in West Virginia.

    (f) An appropriate deposit of cash or security may be accepted by the board in lieu of the required bond, as determined by the board through legislative rule.

§30-38A-10. Fee requirements.

    The fees assessed by the board, as established by legislative rule, shall include the annual fee for appraisal management companies to be included in the national registry maintained by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council.

§30-38A-11. Controlling person requirements.

    (a) An appraisal management company shall have a designated controlling person who will ensure compliance with this article and will be the main contact for all communication between the board and the appraisal management company.

    (b) The controlling person shall:

    (1) Be of good character and reputation;

    (2) Submit to national and state criminal background checks as set out in section eight of this article;

    (3) Never have had a license or certificate to act as an appraiser refused, denied, canceled, revoked or surrendered in this state or any other jurisdiction and not subsequently granted or reinstated;

    (4) Never have been a part of a firm that was permanently or temporarily enjoined by a court of competent jurisdiction from engaging in or continuing any conduct or practice involving appraisals, appraisal management services or operating an appraisal management company; and

    (5) Never have been the subject of an order of the board or any other jurisdiction’s appraisal management company regulatory agency that denied or revoked the applicant’s or firm’s privilege to operate as an appraisal management company.

§30-38A-12. Requirements for removal from an appraiser panel.

    (a) Except within sixty days from the date an appraiser is first added to the appraiser panel of an appraisal management company, an appraisal management company may only remove an appraiser from an appraiser panel or refuse to assign appraisals to an appraiser after providing the appraiser twenty days prior written notice stating the reasons for the removal or refusal and providing an opportunity for the appraiser to be heard.

    (b) An appraiser who is removed from an appraiser panel or refused appraisal assignments for an alleged act or omission that would constitute grounds for disciplinary action under the provisions of section twelve, article thirty-eight of this chapter, a violation of the USPAP or a violation of state law or legislative rule may file a complaint with the board for a review of the appraisal management company’s decision.

    (c) The board’s review under this subsection is limited to determining whether:

    (1) The appraisal management company has complied with subsection (a) of this section; and

    (2) The appraiser has engaged in an act or omission that would constitute grounds for disciplinary action under the provisions of section twelve, article thirty-eight of this code, or has committed a violation of the USPAP or a violation of state law or legislative rule.

    (d) The board shall hold a hearing on the complaint within a reasonable time, not exceeding six months after the complaint was filed unless there are extenuating circumstances that are noted in the board’s minutes.

    (e) If the board determines after the hearing that an appraisal management company acted improperly then the board shall order the appraisal management company to restore the appraiser to the appraiser panel or assign appraisals to the appraiser.

    (f) After the board’s order, an appraisal management company may not:

    (1) Reduce the number of appraisals given to the appraiser; or

    (2) Penalize the appraiser in any other manner.

§30-38A-13. Duties of appraisal management companies.

    (a) Each appraisal management company shall:

    (1) Verify that an appraiser receiving work or being placed on an appraiser panel is:

    (A) Professionally and geographically competent;

    (B) Competent to perform the appraisal service being assigned to the appraiser;

    (C) Licensed or certified under the provisions of article thirty-eight of this chapter; and

    (D) In good standing in this state;

    (2) Designate a controlling person responsible for ensuring compliance with this article, including filing with the board the following:

    (A) The name of the controlling person;

    (B) The contact information for the controlling person;

    (C) A verified acceptance of responsibility from the controlling person; and

    (D) An updated registration form identifying the current controlling person submitted within ten business days, when there is a change of the controlling person;

    (3) Maintain complete detailed records of requests for appraisals from clients, including:

    (A) The type of appraisal requested;

    (B) The name and license or certification number of the appraiser to whom the appraisal was referred;

    (C) The fees received from the client; and

    (D) The fees paid to the appraiser or any third party for services performed;

    (4) Ensure that appraisal services are provided in an independent manner, free from inappropriate influence and coercion, as required by appraisal independence standards established under Section 129E of the Truth in Lending Act and the rules and regulations issued pursuant to the Act, including the requirement that fee appraisers be compensated at a customary and reasonable rate when the appraisal management company is providing services for a consumer credit transaction secured by the principal dwelling of a consumer;

    (5) Except in cases of breach of contract or substandard performance, pay an independent appraiser for the completion of an appraisal within forty-five days after the appraiser provides the completed appraisal to the appraisal management company, unless otherwise agreed to by the parties;

    (6) Disclose its registration number on all engagement documentation with appraisers;

    (7) Disclose to its clients the fees paid:

    (A) For appraisal management services; and

    (B) To the appraiser for the completion of an appraisal assignment;

    (8) Inform the board, when it has a reasonable basis to believe, that an appraiser has:

    (A) Failed to comply with USPAP and the failure to comply is likely to significantly affect the opinion of value;

    (B) Violated applicable laws or rules; or

    (C) Engaged in unethical or unprofessional conduct;

    (9) Keep all records, including, but not limited to, appraisals ordered by the appraisal management company, for a minimum of five years after an appraisal is completed or two years after final disposition of a judicial proceeding related to the assignment, whichever period expires later; and

    (10) Maintain a registered agent for service of process and provide the board with the same information for the agent that is provided to the Secretary of State.

    (b) The board may inspect the records of appraisal management companies at any time without prior notice.

    (c) A sole proprietor of an appraisal management company is considered the controlling person.

    (d) If information on a disclosure becomes inaccurate for any reason, then a revised or amended disclosure shall be provided within five business days after the change. The revised or amended disclosure shall be clearly marked as revised or amended and contain sufficient information for the client to identify the original disclosure referenced.

    (e) The provisions of this section do not exempt a registrant from any other reporting requirements contained in any federal or state law.

§30-38A-14. Unprofessional conduct.

    An appraisal management company commits unprofessional conduct if it:

    (1) Requires an appraiser to modify an aspect of an appraisal which modification is not related to substandard performance or noncompliance with the terms of a contract or agreement;

    (2) Requires an appraiser to prepare an appraisal when the appraiser believes, in his or her own professional judgment and notifies the appraisal management company in a timely manner, that the appraiser does not have the necessary expertise for the specific geographic area or is otherwise not competent to perform the appraisal;

    (3) Requires an appraiser to prepare an appraisal under a certain time frame that the appraiser believes, in his or her own professional judgment and notifies the appraisal management company in a timely manner, that the appraiser does not have the necessary time to meet all the necessary and relevant legal and professional obligations;

    (4) Prohibits or inhibits communication between an appraiser and any other person from whom the appraiser, in the appraiser’s own professional judgment, believes information would be relevant;

    (5) Requests an appraiser to do anything that does not comply with:

    (A) The USPAP; or

    (B) The requests of the client; or

    (6) Makes any portion of the appraiser’s fee or the appraisal management company’s fee contingent on a favorable outcome, including:

    (A) A loan closing; or

    (B) An appraisal for a specific dollar amount.

§30-38A-15. Prohibited acts.

    (a) An appraisal management company or any person acting for an appraisal management company as a controlling person, owner, director, officer, agent, employee or independent contractor may not:

    (1) Improperly influence or attempt to improperly influence the development, reporting, result or review of an appraisal through:

    (A) Intimidation, inducement, coercion, extortion, collusion, bribery, compensation, blackmail, threat of exclusion from future appraisal work or any other means that unduly influences or pressures the appraiser;

    (B) Withholding payment to an appraiser or compensating the appraiser at less than the customary and reasonable rate for appraisal services unless for breach of contract; or

    (C) Expressly or impliedly promise future business, promotions or increased compensation to an appraiser;

    (2) Knowingly employ a person to a position of responsibility who has had a license or certificate to act as an appraiser refused, denied, canceled, revoked or surrendered in this state or any other jurisdiction, and not subsequently granted or reinstated;

    (3) Knowingly enter into a contract with a person for the performance of appraisal services who has had a license or certificate to act as an appraiser refused, denied, canceled, revoked or surrendered in this state or any other jurisdiction, and not subsequently granted or reinstated;

    (4) Knowingly enter into a contract, agreement or other business relationship for the purpose of obtaining real estate appraisal services with a firm that employs or contracts with a person who has had a license or certificate to act as an appraiser refused, denied, canceled, revoked or surrendered in this state or any other jurisdiction, and not subsequently granted or reinstated;

    (5) Knowingly fail to separate and disclose any fees charged to a client by the appraisal management company for an appraisal by an appraiser from fees charged to a client by the appraisal management company for appraisal management services;

    (6) Prohibit an appraiser from stating, in a submitted appraisal, the fee paid by the appraisal management company to the appraiser for the appraisal;

    (7) Request, allow or require an appraiser to collect any portion of the fee, including the appraisal fee, charged by the appraisal management company to the client;

    (8) Require an appraiser to provide the registrant with the appraiser’s signature or seal in any form;

    (9) Alter, amend or change an appraisal submitted by an appraiser;

    (10) Remove an appraiser’s signature or seal from an appraisal;

    (11) Add information to or remove information from an appraisal with the intent to change the conclusion of the appraisal;

    (12) Remove an appraiser from an appraiser panel without twenty days prior written notice to the appraiser and an opportunity for the appraiser to be heard;

    (13) Enter into an agreement or contract for the performance of appraisal services with an appraiser who is not in good standing with the board;

    (14) Request or require an appraiser to provide an estimated, predetermined or desired valuation in an appraisal;

    (15) Request or require an appraiser to provide estimated values or comparable sales at any time prior to the appraiser completing an appraisal;

    (16) Condition a request for an appraisal or the payment of an appraisal fee on:

    (A) An opinion, conclusion or valuation reached; or

    (B) A preliminary estimate or opinion requested from an appraiser;

    (17) Provide to an appraiser an anticipated, estimated, encouraged or desired value for an appraisal or a proposed or targeted amount to be loaned or borrowed, except that a copy of the sales contract for the purchase transaction may be provided;

    (18) Require an appraiser to indemnify or hold harmless an appraisal management company for any liability, damage, losses or claims arising out of the services provided by the appraisal management company;

    (19) Have a direct or indirect interest, financial or otherwise, in the property or transaction involving the appraisal;

    (20) Provide to an appraiser or a person related to the appraiser stock or other financial or nonfinancial benefits;

    (21) Obtain, use or pay for a second or subsequent appraisal or order an automated valuation model, unless:

    (A) There is a reasonable basis to believe that the initial appraisal was flawed and the basis is clearly and appropriately noted in the file;

    (B) The second or subsequent appraisal, or automated valuation model is done under a bona fide prefunding or post-funding appraisal review or quality control process;

    (C) The second appraisal is required by law; or

    (D) The second or subsequent appraisal or automated valuation model is ordered by a client; or

    (22) Commit an act or practice that impairs or attempts to impair an appraiser’s independence, objectivity or impartiality.

    (b) This section does not prohibit an appraisal management company from requesting that an appraiser:

    (1) Provide additional information about the basis for a valuation;

    (2) Correct objective factual errors in an appraisal;

    (3) Provide further detail, substantiation or explanation for the appraiser’s conclusion; or

    (4) Consider additional appropriate property information, including the consideration of additional comparable properties to make or support an appraisal.

§30-38A-16. Disciplinary action.

    The board may deny, revoke or refuse to issue or renew the registration of an appraisal management company or may restrict or limit the activities of an appraisal management company or of a person or firm that owns an interest in or participates in the business of an appraisal management company for the following reasons:

    (1) A person or firm acted as an appraisal management company or performed appraisal management services without being properly registered with the board;

    (2) A person or firm did not perform the duties set out in this article;

    (3) A person or firm engaged in unprofessional conduct as set out in this article;

    (4) A person or firm engaged in a prohibited act set out in this article;

    (5) The application for registration contained false or misleading information;

    (6) A person or firm fraudulently or deceptively obtains or attempts to obtain a registration;

    (7) A person or firm fraudulently or deceptively used a registration;

    (8) A person or firm violated the provisions of this article, this code, or the board’s rules;

    (9) A person or firm was found guilty of a felony or pleaded guilty or nolo contendere to a felony;

    (10) Within the past ten years, a person or firm was found guilty of or pleaded guilty or nolo contendere to a misdemeanor involving:

    (A) Mortgage lending;

    (B) Appraisals;

    (C) Breach of trust; or

    (D) Fraudulent or dishonest dealing;

    (11) A person or firm is permanently or temporarily enjoined by a court of competent jurisdiction from engaging in or continuing any conduct or practice involving appraisal management services or operating an appraisal management company;

    (12) A person or firm is the subject of an order of the board or any other jurisdiction’s appraisal management company regulatory agency that denied, revoked or restricted a person’s or firm’s privilege to operate as an appraisal management company;

    (13) A person or firm failed to pay the applicable fees; or

    (14) For any other finding by the board.

§30-38A-17. Notice and hearing procedures.

    (a) The board, on its own motion or upon receipt of a written complaint, may investigate an appraisal management company, a person or firm associated with an appraisal management company, and a person or firm performing appraisal management services.

    (b) If the board determines after the investigation there are grounds for disciplinary action, the board may hold a hearing after giving thirty days’ prior notice.

    (c) The board has the same powers set out in article thirty-eight of this chapter.

    (d) After notice and a hearing, the board may:

    (1) Deny, revoke or refuse to issue or renew the registration of an appraisal management company or restrict or limit the activities of an appraisal management company or of a person or firm that owns an interest in or participates in the business of an appraisal management company;

    (2) Impose a fine not to exceed $25,000 for each violation; or

    (3) Take other disciplinary action as established by the board by rule.

    (e) The board may seek injunctive relief in the Kanawha County Circuit Court to prevent a person or firm from violating the provisions of this article or the rules promulgated hereunder. The circuit court may grant a temporary or permanent injunction.

    The bill (Eng. Com. Sub. for H. B. No. 2608), as amended, was then ordered to third reading.

    Eng. Com. Sub. for House Bill No. 2626, Authorizing the Department of Military Affairs and Public Safety to promulgate Legislative Rules.

    On second reading, coming up in regular order, was read a second time.

    The following amendments to the bill, from the Committee on the Judiciary, were reported by the Clerk, considered simultaneously, and adopted:

    On page four, section two, line eight, after the word “authorized” by striking out the period and inserting the following: with the following amendment:

    On page four, by striking out all of subsection 5.1 and inserting in lieu thereof the following:

    New One and Two Family Dwellings over one level in height, New One and Two Family Dwellings containing a basement, and New One and Two Family Dwellings containing a crawl space containing a fuel burning appliance below the first floor, shall provide one of the following methods for fire protection of floors: (1) A 1/2 inch (12.7 mm) gypsum wallboard membrane, 5/8 inch (16 mm) wood structural panel membrane, or equivalent on the underside of the floor framing member; (2) Wood floor assemblies using dimension lumber or structural composite lumber equal or greater than 2 inch by 10 inch (50.8 mm by 254 mm) nominal dimension, or other approved floor assemblies demonstrating equivalent fire performance; or (3) An Automatic Fire Sprinkler System as set forth in section R313.2 of the 2009 edition of the International Residential Code for One and Two Family Dwellings: Provided, That floor assemblies located directly over a space protected by an automatic sprinkler system as set forth in section R313.2 of the 2009 edition of the International Residential Code for One and Two Family Dwellings are exempt from this requirement.;

    And,

    On page fourteen, section three, line six, after the word “authorized” by striking out the period and inserting the following: with the following amendment:

    On page twenty-five, subsection 10.2., after the words “minimum period of” by striking out “four (4)” and inserting in lieu thereof “three (3)".

    At the request of Senator Barnes, and by unanimous consent, the bill (Eng. Com. Sub. for H. B. No. 2626), as amended, was advanced to third reading with the right for further amendments to be considered on that reading.

    Eng. Com. Sub. for House Bill No. 2762, Creating an exemption from licensure as an adjuster for certain individuals who conduct data entry into an automated claims adjudication system.

    On second reading, coming up in regular order, was read a second time.

    The following amendment to the bill, from the Committee on Banking and Insurance, was reported by the Clerk and adopted:

    On page five, section nine, lines fifteen and sixteen, by striking out the words “another country may not be licensed as a nonresident adjuster under this section unless” and inserting in lieu thereof the words “Canada may be licensed as a nonresident adjuster under this section if”.

    The bill (Eng. Com. Sub. for H. B. No. 2762), as amended, was then ordered to third reading.

    Eng. Com. Sub. for House Bill No. 2806, Relating to administrative remedies for prisoners generally.

    On second reading, coming up in regular order, was read a second time.

    The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:

    By striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 1A. WEST VIRGINIA PRISONER LITIGATION REFORM ACT.

§25-1A-2. Exhaustion of ordinary administrative remedies.

    (a) As used in this section, an “ordinary administrative remedy” is a formal administrative process by which an inmate submits a grievance seeking redress or presenting concerns regarding any general or particular aspect of prison life which does not involve violence, sexual assault or sexual abuse against an inmate. An ordinary administrative remedy includes, but is not limited to, complaints concerning food quality, health care, appeals of prison discipline, physical plant, classification, staff treatment or some other alleged wrong.

    (b) The Commissioner of the Division of Corrections and the Executive Director of the Regional Jail Authority are authorized to establish procedures for ordinary administrative remedies according to their respective authority for issuance of policies governing the conduct of inmates.

    (c) An inmate may not bring a civil action regarding an ordinary administrative remedy until the procedures promulgated by the agency have been exhausted.

    (d) An ordinary administrative remedy is considered exhausted when the inmate’s grievance complies with duly promulgated rules and regulations regarding inmate grievance procedures, has been accepted, fully appealed and has received a final decision from the Commissioner of Corrections or the Commissioner’s designee, or the Executive Director of the Regional Jail Authority, or the Director’s designee.

    (e) The agency shall issue a final decision regarding an ordinary administrative remedy no later than sixty days from the date the inmate filed his or her initial grievance. Computation of the sixty-day time period shall not include time consumed by inmates in preparing any administrative appeal. The agency may claim an extension of time to issue a final decision regarding an ordinary administrative remedy of up to thirty days if the sixty day final decision time frame is insufficient to make an appropriate decision, except in cases involving a threat to health, life or safety of the prisoner. The agency shall notify the inmate in writing of any such extension and provide a date by which the final decision regarding an ordinary administrative remedy will be made.

§25-1A-2a. Exhaustion of administrative remedies which address sexual assault and sexual abuse.

    (a) The agency shall not require an inmate to use any informal grievance process, or to otherwise attempt to resolve with staff, an alleged incident involving sexual assault or sexual abuse against an inmate. For purposes of this article, “sexual assault” or “sexual abuse” means any offense which would constitute a violation of article eight-b, chapter sixty-one of this code. The agency shall ensure that:

    (1) An inmate who alleges an incident involving sexual assault or sexual abuse may submit a grievance without submitting it to a staff member who is the subject of the complaint; and,

    (2) Such grievance may not be referred to a staff member who is the subject of the complaint.

    (b) The agency shall issue a final agency decision on the merits of any portion of a grievance within sixty days of the initial filing of the grievance. Computation of the sixty-day time period shall not include time consumed by inmates in preparing any administrative appeal. The agency may claim an extension of time to respond, of up to thirty days, if the normal time period for response is insufficient to make an appropriate decision, except in cases involving threat to health, life or safety of the prisoner. The agency shall notify the inmate in writing of any such extension and provide a date by which a decision will be made.

    (c) At any level of the administrative process, including the final level, if the inmate does not receive a response within the time allotted for reply, including any properly noticed extension, the inmate may consider the absence of a response to be a denial at that level.

    (d) Third parties, including fellow inmates, staff members, family members, attorneys and outside advocates, shall be permitted to assist inmates in filing requests for administrative remedies relating to incidents involving sexual assault or sexual abuse, and shall also be permitted to file such requests on behalf of inmates. If a third party files such a request on behalf of an inmate, the facility may require as a condition of processing the request that the alleged victim agree to have the request filed on his or her behalf, and may also require the alleged victim to personally pursue any subsequent steps in the administrative remedy process. If the inmate declines to have the request processed on his or her behalf, the agency shall document the inmate’s decision.

    (e) After receiving an emergency grievance alleging an inmate is subject to a substantial risk of sexual assault or sexual abuse, the agency shall immediately forward the grievance, or any portion thereof that alleges the substantial risk of sexual assault or sexual abuse, to a level of review at which immediate corrective action may be taken, shall provide an initial response within forty-eight hours, and shall issue a final agency decision within five calendar days. The initial response and final agency decision shall document the agency’s determination whether the inmate is in substantial risk of sexual assault or sexual abuse and the action taken in response to the emergency grievance.

    (f) The agency shall establish procedures for processing an inmate grievance which alleges imminent violence. The commissioner and the executive director shall, by December 31, 2013, propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to meet the requirements of this subsection.

    (g) An administrative remedy for an allegation of violence, sexual assault or sexual abuse against an inmate is considered exhausted when the inmate’s grievance has complied with duly promulgated rules and regulations regarding inmate grievance procedures for imminent violence, sexual assault or sexual abuse, has been accepted, fully appealed and has received a final decision from the Commissioner of Corrections or the Commissioner’s designee, or the Executive Director of the Regional Jail Authority, or the Director’s designee.

    (h) The agency may discipline an inmate for filing a grievance related to sexual assault or sexual abuse only where the agency demonstrates that the inmate filed the grievance in bad faith.

    (i) Notwithstanding any other provision of this code, no inmate shall be prevented from filing an appeal of his or her conviction or from bringing a civil or criminal action alleging violence, sexual assault or sexual abuse, after exhaustion of administrative remedies. If such a civil or criminal action is ultimately dismissed by a judge as frivolous, then the inmate shall pay the filing costs associated with the civil or criminal action as provided for in this article.

    The bill (Eng. Com. Sub. for H. B. No. 2806), as amended, was then ordered to third reading.

    Eng. Com. Sub. for House Bill No. 2819, Relating to the financial oversight of entities regulated by the Insurance Commissioner.

    On second reading, coming up in regular order, was read a second time and ordered to third reading.

    Eng. Com. Sub. for House Bill No. 2866, Providing an exception to allow a resident of a dwelling house to discharge a firearm in a lawful manner within five hundred feet.

    On second reading, coming up in regular order, was read a second time and ordered to third reading.

    Eng. Com. Sub. for House Bill No. 2913, Specifying procedures for adjusting payments to correct for an erroneous distribution of moneys dedicated, distributed or directed to a state or local governmental subdivision.

    On second reading, coming up in regular order, was read a second time.

    The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:

    By striking out everything after the enacting clause and inserting in lieu thereof the following:

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

ARTICLE 10. WEST VIRGINIA TAX PROCEDURE AND ADMINISTRATION ACT.

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

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

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

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

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

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

    The bill (Eng. Com. Sub. for H. B. No. 2913), as amended, was then ordered to third reading.

    Eng. Com. Sub. for House Bill No. 2960, Providing for internal and external review of adverse health coverage determinations.

    On second reading, coming up in regular order, was read a second time.

    The following amendment to the bill, from the Committee on Banking and Insurance, was reported by the Clerk:

    By striking out everything after the title and inserting in lieu thereof the following:

Be it enacted by the Legislature of West Virginia:

    That §33-25C-5, §33-25C-6, §33-25C-7, §33-25C-9 and §33-25C-11 of the Code of West Virginia, 1931, as amended, be repealed; and that said code be amended by adding thereto a new article, designated §33-16H-1, §33-16H-2, §33-16H-3 and §33-16H-4, all to read as follows:

ARTICLE 16H. REVIEW OF ADVERSE DETERMINATIONS.

§33-16H-1. Definitions. 

As used in this article:

    (1) “Adverse determination” means a determination by a health carrier or its designee utilization review organization that an admission, availability of care, continued stay or other healthcare service that is a covered benefit has been reviewed and, based upon the information provided, does not meet the health carrier’s requirements for medical necessity, appropriateness, health care setting, level of care or effectiveness, and the requested service or payment for the service is therefore denied, reduced or terminated.

    (2) “External review” means a review of a final adverse determination by an independent review organization.

    (3) “Final adverse determination” means an adverse determination that has been upheld by the issuer at the completion of the internal grievance procedures or an adverse determination with respect to which the internal grievance procedures have been deemed exhausted.

    (4) “Health benefit plan” means a policy, contract, certificate or agreement entered into, offered or issued by an issuer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including short-term and catastrophic health insurance policies and policies that pay on a cost-incurred basis, but excludes the excepted benefits defined in 42 U. S. C. §300gg-91 and policies, contracts, certificates or agreements excluded by rules promulgated pursuant to section four of this article.

    (5) “Health plan issuer” or “issuer” means an entity required to be licensed under this chapter that contracts, or offers to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services under a health benefit plan, including an accident and sickness insurance company, a health maintenance corporation, a health care corporation, a health or hospital service corporation, and a fraternal benefit society.

    (6) “Independent review organization” means an entity approved by the commissioner to conduct external reviews of final adverse determinations.

    (7) “Utilization review” means a system for the evaluation of the necessity, appropriateness and efficiency of the use of health care services, procedure and facilities.

§33-16H-2. Issuer requirements.

    An issuer shall, in accordance with rules promulgated pursuant to section four of this article, develop processes for utilization review and internal grievance procedures and shall make external review available with respect to all adverse determinations.§33-16H-3. Judicial review; enforcement.

    (a) An individual or issuer may seek judicial review of a final adverse determination by filing a petition in the circuit court within sixty days after receipt of notice of such decision.

(1) Venue for a petition filed pursuant to this section is the county in which the individual resides or, if the individual is a non-resident, the county in which he or she works or, if he or she does not work in this state, the county in which his or her employer is located, or if none of these counties are applicable, in Kanawha County.

(2) The issuer shall provide benefits pursuant to the final external review decision, including by making payment on a disputed claim, unless or until there is a judicial decision otherwise.

(3) If the issuer files a petition pursuant to this section and the individual substantially prevails, the issuer shall be responsible for the reasonable attorney’s fees of the individual.

    (b) A decision issued by an independent review organization pursuant to this article may be enforced in the same manner as an order of the commissioner.

    (c) This article does not create any new cause of action or eliminate any presently existing cause of action.§33-16H-4. Rule-making authority; applicability.

    (a) The commissioner shall propose legislative rules for approval by the Legislature in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article, including but not limited to rules to:

    (1) Define the scope of the applicability of this article;

    (2) Establish requirements for all issuers with regard to utilization review and for internal grievance procedures and external review of adverse determinations, which rules shall be based on the corresponding model acts adopted by the National Association of Insurance Commissioners and, with respect to external review, shall meet or exceed the minimum consumer protections established by the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152); and

    (3) Provide for judicial review pursuant to subsection (a), section three of this article, which rules shall be based on the provisions of this code and rules governing judicial review of contested cases under the State Administrative Procedures Act.

    (b) Notwithstanding the provisions of section one, article twenty-three of this chapter; section four, article twenty-four of this chapter; section six, article twenty-five of this chapter; and section twenty-four, article twenty-five-a of this chapter, this article and the rules promulgated under this article are applicable to all health benefits plans and supersede any provisions to the contrary in this chapter or in any rules promulgated under this chapter.

    On motion of Senator Tucker, the following amendment to the Banking and Insurance committee amendment to the bill (Eng. Com. Sub. for H. B. No. 2960) was next reported by the Clerk and adopted:

    On page three, section three, subsection (a), by striking out the words “adverse determination” and inserting in lieu thereof the words “decision rendered by an independent review organization”.

    The question now being on the adoption of the Banking and Insurance committee amendment to the bill, as amended, the same was put and prevailed.

    The bill (Eng. Com. Sub. for H. B. No. 2960), as amended, was then ordered to third reading.

    Eng. House Bill No. 2968, Authorizing the use of an additional medium for use in archiving the records.

    On second reading, coming up in regular order, was read a second time and ordered to third reading.

    Eng. Com. Sub. for House Bill No. 3135, Relating generally to voting system certification and procedures at the central counting center.

    On second reading, coming up in regular order, was read a second time.

    The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:

    By striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 4A. ELECTRONIC VOTING SYSTEMS.

§3-4A-2. Definitions.

    As used in this article, unless otherwise specified:

    (1) "Automatic tabulating equipment" means all apparatus necessary to electronically count votes recorded on ballots, and tabulate the results and produce necessary reports;

    (2) "Ballot" means an electronic image or paper on which votes may be recorded by means of perforating or marking with electronically sensible ink or pencil or a screen upon which votes may be recorded by means of a stylus or by means of touch a logical or physical device that presents races, candidates and contests, and facilitates the capture of the voter’s choices or intent;

    (3) "Central counting center" means a facility equipped with suitable and necessary automatic tabulating equipment, selected by the county commission, for the electronic counting of votes recorded on ballots;

    (4) “Electronic poll book” means an electronic device containing the same voter registration information maintained by the county clerk in a printed poll book for the purpose of facilitating voting at the precinct;

    (5) "Electronic voting system" is a means of conducting an election whereby votes are recorded on ballots by means of an electronically sensible marking ink, by perforating or are recorded on equipment that registers votes on a computer disk, or by touching a screen with a stylus or by means of touch, and votes are subsequently counted by automatic tabulating equipment at the central counting center one or more integrated devices that utilize an electronic component for the following functions: Ballot presentation, vote capture, vote recording and tabulation;

    (6) "Standard validation test deck" means a group of ballots wherein all voting possibilities which can occur in an election are represented; and

    (7) "Vote-recording device" means equipment in which ballots are placed to allow a voter to record his or her vote by electronically sensible ink, or pencil, or a screen upon which votes may be recorded by means of a stylus or by means of touch that captures and records voter intent by marking a screen to record selections or by using electronically sensible ink to mark selections; and

    (8) “Voter verified paper audit trail” means a physical printout on which the voter’s ballot choices, as registered by a direct recording device, are recorded. This shall be visible to the voter and shall be securely locked to avoid tampering.

§3-4A-8. Approval of electronic voting system by State Election Commission; expenses; compensation of persons examining system.

    (a) Any person or corporation owning or interested in any electronic voting system may apply to the State Election Commission so that the system may be examined and a report be made on its accuracy, efficiency, capacity and safety. Upon the written application of any vendor tendered to the Secretary of State or to any clerks in his or her office in charge of receiving filings for any purpose, the Secretary of State shall fix a date, time and place, not more than thirty days after the receipt of the application, for a meeting of the State Election Commission for mutual consideration of the application. The Secretary of State shall mail notice of the hearing by certified mail to each member of the commission.

    (b) The State Election Commission shall appoint two qualified computer experts who are not members of the same political party to examine the system and make full reports on the system to the commission within thirty ninety days from the date the State Election Commission approves the consideration of the application. They shall state in the report whether the examined system complies with the requirements of this article and the federal agency responsible for certifying voting systems and can be safely used by voters at elections under the conditions prescribed in this article. If the report is in the affirmative on that question, the commission may approve the system and adopt a system of its make and design for use at elections as provided in this article: Provided, That under no circumstances may a system be approved that is not capable of accurately tabulating returns based upon all possible combinations of voting patterns including, but not limited to, crossover voting and in accordance with section five, article six of this chapter. The vendor of the approved system shall provide the State Election Commission with a report, due on January 1, of each even-numbered year, that outlines any problem that has been experienced with the equipment by any jurisdiction in the state or in any jurisdiction outside the state that uses the same or a similar version of the equipment that has been certified for use in this state.

    (c) No electronic voting system may be used at any election unless it has been approved under this section or its former provisions and by the appropriate agency of the federal government whose purpose is to review and issue a certificate of approval. Each of the two qualified computer experts appointed by the commission are entitled to reasonable compensation and expenses in making the examination and report, to be paid in advance of the examination required by subsection (b) of this section by the person or corporation applying for the examination. This sum shall be the sole compensation to be received by any expert for any work performed pursuant to this section. The State Election Commission shall determine the compensation at the time of approving the application for certification.

§3-4A-23. Persons prohibited about voting booths; penalties.

    Excepting election officials acting under authority of sections nineteen, twenty twenty-one and twenty-two of this article in the conduct of the election, and qualified persons assisting voters pursuant to section twenty-two of this article, no person other than the voter may be in, about or within five feet of the voting booth during the time the voter is voting at any election. While the voter is voting, no person may communicate with the voter in any manner and the voter may not communicate with any other person or persons. No person may enter a voting booth with any recording or electronic device in order to record or interfere with the voting process. Any conduct or action of an election official about or around the voting booth while the voter is in the process of voting, except as expressly provided in this article, is a violation of this section. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or be sentenced to imprisonment confined in the county jail for a period not more than twelve months, or in the discretion of the court, shall be subject to both such fine and imprisonment both fined and confined.

§3-4A-27. Proceedings at the central counting center.

    (a) All proceedings at the central counting center are to be under the supervision of the clerk of the county commission and are to be conducted under circumstances which allow observation from a designated area by all persons entitled to be present. The proceedings shall take place in a room of sufficient size and satisfactory arrangement to permit observation. Those persons entitled to be present include all candidates whose names appear on the ballots being counted or if a candidate is absent, a representative of the candidate who presents a written authorization signed by the candidate for the purpose and two representatives of each political party on the ballot who are chosen by the county executive committee chairperson. A reasonable number of the general public is also freely admitted to the room. In the event all members of the general public desiring admission to the room cannot be admitted at one time, the county commission shall provide for a periodic and convenient rotation of admission to the room for observation, to the end that each member of the general public desiring admission, during the proceedings at the central counting center, is to be granted admission for reasonable periods of time for observation: Provided, That no person except those authorized for the purpose may touch any ballot or ballot card or other official records and papers utilized in the election during observation.

    (b) All persons who are engaged in processing and counting the ballots are to work in teams consisting of two persons of opposite political parties, and are to be deputized in writing and take an oath that they will faithfully perform their assigned duties. These deputies are to be issued an official badge or identification card which is assigned an identity control number and the deputies are to prominently wear on his or her outer garments the issued badge or identification card. Upon completion of the deputies' duties, the badges or identification cards are to be returned to the county clerk.

    (c) Ballots are to be handled and tabulated and the write-in votes tallied according to procedures established by the Secretary of State, subject to the following requirements:

    (1) In systems using ballots marked with electronically sensible ink, ballots are to be removed from the ballot boxes and stacked for the tabulator which separates ballots containing marks for a write-in position. Immediately after tabulation, the valid write-in votes are to be tallied. No write-in vote may be counted for an office unless the voter has entered the name of an official write-in candidate for that office on the line provided; either by writing, affixing a sticker or placing an ink-stamped impression thereon;

    (2) In systems using ballots in which votes are recorded upon screens with a stylus or by means of touch, the personalized electronic ballots are to be removed from the containers and stacked for the tabulator tabulated according to the processes of the system. Systems using ballots in which votes are recorded upon screens with a stylus or by means of touch are to tally write-in ballots simultaneously with the other ballots;

    (3) When more than one person is to be elected to an office and the voter desires to cast write-in votes for more than one official write-in candidate for that office, a single punch or mark, as the voter shall mark the location appropriate for the voting system, in the write-in location for that office. is sufficient for all write-in choices. When there are multiple write-in votes for the same office and the combination of choices for candidates on the ballot and write-in choices for the same office exceed the number of candidates to be elected, the ballot is to be duplicated or hand counted, with all votes for that office rejected;

    (4) Write-in votes for nomination for any office and write-in votes for any person other than an official write-in candidate are to be disregarded;

    (5) When a voter casts a straight ticket vote and also marks the location for a write-in vote for an office, the straight ticket vote for that office is to be rejected, whether or not a vote can be counted for a write-in candidate; and

    (6) Official write-in candidates are those who have filed a write-in candidate's certificate of announcement and have been certified according to the provisions of section four-a, article six of this chapter.

    (d) If any ballot card is damaged or defective so that it cannot properly be counted by the automatic tabulating equipment, a true duplicate copy is to be made of the damaged ballot card in the presence of representatives of each political party on the ballot and substituted for the damaged ballot card. All duplicate ballot cards ballots are to be clearly labeled "duplicate" and are to bear a serial number which is recorded on the damaged or defective ballot card and on the replacement ballot. card.

    (e) The returns printed by the automatic tabulating equipment at the central counting center, to which have been added write-in and other valid votes, are, when certified by the clerk of the county commission, to constitute the official unofficial preliminary returns of each precinct or election district the county. Further, all the returns are to be printed on a precinct basis. Periodically throughout and upon Upon completion of the count, the returns are to be open to the public by posting a summary of the returns as have been tabulated precinct by precinct at the central counting center. Upon completion of the canvass, the returns are to be posted in the same manner as tabulated precinct by precinct.

    (f) If for any reason it becomes impracticable to count all or a part of the ballots with tabulating equipment, the county commission may direct that they be counted manually, following as far as practicable the provisions governing the counting of paper ballots.

    (g) As soon as possible after the completion of the count, the clerk of the county commission shall have the vote recording devices properly boxed or securely covered and removed to a proper and secure place of storage.

    The bill (Eng. Com. Sub. for H. B. No. 3135), as amended, was then ordered to third reading.

    The Senate proceeded to the tenth order of business.

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

    Com. Sub. for Senate Bill No. 143, Budget Bill.

    Eng. House Bill No. 2158, Relating to the provision of financially-related services by banks and bank holding companies.

    Eng. Com. Sub. for House Bill No. 2498, Making it a crime for a person sitting on a grand jury to disclose the identity of an individual who will be indicted.

    Eng. Com. Sub. for House Bill No. 2567, Relating to limited partnerships.

    Eng. Com. Sub. for House Bill No. 2590, Creating a public nonprofit corporation and governmental instrumentality to collectively address several environmental and economic development programs.

    Eng. Com. Sub. for House Bill No. 2716, Relating to the West Virginia Fairness in Competitive Bidding Act.

    Eng. Com. Sub. for House Bill No. 2717, Requiring that deputy sheriffs be issued ballistic vests upon law-enforcement certification.

    Eng. Com. Sub. for House Bill No. 2730, Relating to the Real Estate Appraisal Board.

    Eng. Com. Sub. for House Bill No. 2754, Relating to further defining a retailer engaging in business in this state for purposes of sales and use taxes.

    Eng. House Bill No. 2770, Permitting dealers who sell fewer than eighteen new or used motor vehicles during a year to have their dealer licenses renewed.

    Eng. House Bill No. 2780, Relating generally to multidisciplinary team meetings for juveniles committed to the custody of the West Virginia Division of Juvenile Services.

    Eng. Com. Sub. for House Bill No. 2848, Providing the process for requesting a refund after forfeiture of rights to a tax deed.

    Eng. House Bill No. 2851, Establishing a one time audit cost amnesty program for local governments with delinquent audit costs.

    Eng. Com. Sub. for House Bill No. 2888, Allowing members of a policemen's civil service commission to serve on other local boards and commissions.

    Eng. Com. Sub. for House Bill No. 2897, Declaring certain claims against the state and its agencies to be moral obligations of the state.

    And,

    Eng. Com. Sub. for House Bill No. 3069, Relating to access to justice.

    Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,

    On motion of Senator Unger, the Senate recessed until 5 p.m. today.

    Upon expiration of the recess, the Senate reconvened and, at the request of Senator Unger, and by unanimous consent, returned to the fourth order of business.

    Senator Kessler (Mr. President), from the Committee on Rules, submitted the following report, which was received:

    Your Committee on Rules has had under consideration

    Senate Concurrent Resolution No. 35, Requesting Joint Committee on Government and Finance study aging watershed dams and channels.

    Senate Concurrent Resolution No. 38, Requesting Joint Committee on Government and Finance study Moving Ahead for Progress in 21st Century program.

    Senate Concurrent Resolution No. 41, Requesting Joint Committee on Government and Finance study critical access need for emergency electric generators.

    Senate Concurrent Resolution No. 48, Requesting Joint Committee on Government and Finance study availability of affordable housing.

    And,

    Senate Concurrent Resolution No. 51, Requesting Joint Committee on Government and Finance study needs, challenges and issues facing senior citizens in finding personal care services.

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

                             Respectfully submitted,

                               Jeffrey V. Kessler,

                                 Chairman ex officio.

    At the request of Senator Unger, unanimous consent being granted, the resolutions (S. C. R. Nos. 35, 38, 41, 48 and 51) contained in the preceding report from the Committee on Rules were taken up for immediate consideration and considered simultaneously.

    The question being on the adoption of the resolutions, the same was put and prevailed.

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

    Senator Plymale, from the Committee on Education, submitted the following report, which was received:

    Your Committee on Education has had under consideration

    Eng. Com. Sub. for House Bill No. 2265, Relating to the school access safety act.

    And has amended same.

    And,

    Eng. House Bill No. 2861, Relating to continued enrollment of at-risk student in public school.

    And has amended same.

    And reports the same back with the recommendation that they each do pass, as amended.

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

    At the request of Senator Plymale, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. No. 2265 and Eng. H. B. No. 2861) contained in the preceding report from the Committee on Education were each taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Eng. Com. Sub. for House Bill No. 2360, Relating to public school support computation of local share.

    With amendments from the Committee on Education pending;

    And reports the same back with the recommendation that it do pass as amended by the Committee on Education to which the bill was first referred.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    At the request of Senator Prezioso, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2360) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Eng. Com. Sub. for House Bill No. 2470, Relating to sign support specialist or an educational sign language interpreter in the education of exceptional children.

    Now on second reading, having been read a first time and referred to the Committee on Finance on April 9, 2013;

    And reports the same back with the recommendation that it do pass.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    Senator Plymale, from the Committee on Education, submitted the following report, which was received:

    Your Committee on Education has had under consideration

    Eng. Com. Sub. for House Bill No. 2490, Providing for the appointment of veterans advocates at state institutions of higher education.

    With an amendment from the Committee on Military pending;

    And reports the same back with the recommendation that it do pass as amended by the Committee on Military to which the bill was first referred.

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

    At the request of Senator Plymale, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2490) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Plymale, from the Committee on Education, submitted the following report, which was received:

    Your Committee on Education has had under consideration

    Eng. Com. Sub. for House Bill No. 2491, Establishing a uniform policy for students enrolled in institutions of higher education who are called up for duty in the military.

    With an amendment from the Committee on Military pending;

    And has also amended same.

    And reports the same back with the recommendation that it do pass as last amended by the Committee on Education.

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

    At the request of Senator Plymale, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2491) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 2513, Improving enforcement of drugged driving offenses.

    And has amended same.

    And reports the same back with the recommendation that it do pass, as amended.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2513) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 2531, Relating to the practice of speech-language pathology and audiology.

    With an amendment from the Committee on Government Organization pending;

    And has also amended same.

    Now on second reading, having been read a first time and referred to the Committee on the Judiciary on April 9, 2013;

    And reports the same back with the recommendation that it do pass as last amended by the Committee on the Judiciary.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 2534, Relating to the regulation of pawn brokers.

    With amendments from the Committee on Government Organization pending;

    And has also amended same.

    And reports the same back with the recommendation that it do pass as last amended by the Committee on the Judiciary.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2534) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Eng. Com. Sub. for House Bill No. 2538, Expiring, supplementing, amending, increasing, and adding items of appropriation in various accounts.

    And has amended same.

    And reports the same back with the recommendation that it do pass, as amended.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    At the request of Senator Prezioso, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2538) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Eng. House Bill No. 2541, Making a supplementary appropriation from the State Fund, State Excess Lottery Revenue Fund, to the Department of Health and Human Resources, Division of Human Services.

    And reports the same back with the recommendation that it do pass.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    At the request of Senator Prezioso, unanimous consent being granted, the bill (Eng. H. B. No. 2541) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Eng. Com. Sub. for House Bill No. 2727, Relating to the school aid formula.

    With amendments from the Committee on Education pending;

    And has also amended same.

    And reports the same back with the recommendation that it do pass as last amended by the Committee on Finance.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    At the request of Senator Prezioso, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2727) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Eng. Com. Sub. for House Bill No. 2731, Regulating the performance of health maintenance tasks by unlicensed personnel.

    With amendments from the Committee on Health and Human Resources pending;

    Now on second reading, having been read a first time and referred to the Committee on Government Organization on April 9, 2013;

    And reports the same back with the recommendation that it do pass as amended by the Committee on Health and Human Resources to which the bill was first referred.

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    Senator Plymale, from the Committee on Education, submitted the following report, which was received:

    Your Committee on Education has had under consideration

    Eng. Com. Sub. for House Bill No. 2738, Relating to the Center for Nursing.

    With amendments from the Committee on Health and Human Resoures pending;

    And has also amended same.

    And reports the same back with the recommendation that it do pass as last amended by the Committee on Education.

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

    At the request of Senator Plymale, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2738) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 2747, Relating to Open Governmental Proceedings.

    With an amendment from the Committee on Government Organization pending;

    And has also amended same.

    Now on second reading, having been read a first time and referred to the Committee on the Judiciary on April 9, 2013;

    And reports the same back with the recommendation that it do pass as last amended by the Committee on the Judiciary.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    Senator Plymale, from the Committee on Education, submitted the following report, which was received:

    Your Committee on Education has had under consideration

    Eng. Com. Sub. for House Bill No. 2764, Relating to compulsory school attendance.

    And reports the same back with the recommendation that it do pass.

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

    At the request of Senator Plymale, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2764) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Eng. House Bill No. 2814, Relating to human trafficking.

    And has amended same.

    And reports the same back with the recommendation that it do pass, as amended.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Eng. H. B. No. 2814) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 2836, Allowing certain Commission on Special Investigations personnel the right to carry firearms.

    And reports the same back with the recommendation that it do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2836) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Eng. House Bill No. 2842, Clarifying that time-sharing plans, accommodations and facilities are subject to regulation by the Division of Land Sales and Condominiums.

    Now on second reading, having been read a first time and referred to the Committee on the Judiciary on April 9, 2013;

    And reports the same back with the recommendation that it do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Eng. House Bill No. 2847, Relating to the collection of delinquent real property and personal property taxes.

    And has amended same.

    And reports the same back with the recommendation that it do pass, as amended.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Eng. H. B. No. 2847) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Eng. House Bill No. 2933, Providing notification to a prosecuting attorney of an offender's parole hearing and release.

    And has amended same.

    And reports the same back with the recommendation that it do pass, as amended.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Eng. H. B. No. 2933) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Eng. House Bill No. 2956, Relating to resident brewers and brewpubs.

    And has amended same.

    And reports the same back with the recommendation that it do pass, as amended.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Eng. H. B. No. 2956) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 2964, Authorizing the mayor to appoint chiefs of police and deputy chiefs of police.

    With amendments from the Committee on Government Organization pending;

    And has also amended same.

    Now on second reading, having been read a first time and referred to the Committee on the Judiciary on April 9, 2013;

    And reports the same back with the recommendation that it do pass as last amended by the Committee on the Judiciary.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 3020, Improving boat dock and marina safety.

    With amendments from the Committee on Natural Resources pending;

    And has also amended same.

    And reports the same back with the recommendation that it do pass as last amended by the Committee on the Judiciary.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3020) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 3139, Authorizing qualified investigators employed by the Secretary of State to carry a firearm and concealed weapon.

    And has amended same.

    And reports the same back with the recommendation that it do pass, as amended.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3139) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Eng. Com. Sub. for House Bill No. 3157, Restoring the authority, flexibility, and capacity of schools and school systems to improve student learning.

    With amendments from the Committee on Education pending;

    Now on second reading, having been read a first time and referred to the Committee on Finance on April 9, 2013;

    And reports the same back with the recommendation that it do pass as amended by the Committee on Education to which the bill was first referred.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    Senator Plymale, from the Committee on Education, submitted the following report, which was received:

    Your Committee on Education has had under consideration

    Eng. House Bill No. 3160, Providing for a pilot initiative on governance of schools jointly established by adjoining counties.

    And has amended same.

    And reports the same back with the recommendation that it do pass, as amended.

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

    At the request of Senator Plymale, unanimous consent being granted, the bill (Eng. H. B. No. 3160) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time and ordered to second reading.

    Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Friday, April 12, 2013, at 11 a.m.

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