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House Journal


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hdj2009-04-07-56


__________*__________






Tuesday, April 7, 2009

FIFTY -SIXTH DAY

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



     The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of April 6, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

     Chairman Morgan, from the Committee on Government Organization submitted the following report, which was received:  
     Your Committee on Government Organization has had under consideration:
     S. B. 767, Relating to certain Medicaid program contracts,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference to the Committee on Finance be dispensed with.
     In the absence of objection, reference of the bill (S. B. 767) to the Committee on Finance was abrogated.
     Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
     Your Committee on Rules has had under consideration:
     H. C. R. 37, Declaring Bituminous Coal to be the official state rock,
     H. C. R. 62, Requesting that the Joint Committee on Government and Finance authorize the study of the creation of art, entertainment and enterprise districts within political subdivisions,
     And,
     H. C. R. 75, The "Pearl Harbor: PFC Carey K. Stockwell Memorial Bridge".
     And reports the same back with the recommendation that they each be adopted.
     At the request of Delegate Boggs, and by unanimous consent, H. C. R. 37, Declaring Bituminous Coal to be the official state rock, was taken up for immediate consideration.
     The question now being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.
     The yeas and nays having been ordered, they were taken (Roll No. 264), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
     Absent And Not Voting: Doyle, Ennis, Givens and Tabb.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 37) adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     On motions for leave, resolutions were introduced (Originating in the Committee on Government Organization and reported with the recommendation that they each be adopted), which were read by their titles, as follows:
Delegates Morgan, Stephens, Argento, Butcher, Givens, Hall, Hartman, Hatfield, Martin, D. Poling, Ross, Skaff, Staggers, Swartzmiller, Talbot, Azinger, Cowles, McGeehan, C. Miller and Porter:

     
H. C. R. 80 - "Requesting the Joint Committee on Government and Finance study a 'Pay As You Throw' system for waste management fees."
     Whereas, A typical person produces about one thousand four hundred eighty pounds of waste a year, about sixty percent of which is at the residence while about forty percent comes from commercial establishments; and
     Whereas, Typical "Pay As You Throw" programs reduce the nonrecyclable residential trash to about five hundred pounds per year per person, which provides about forty-four percent reduction in residential trash taken to the landfill; and
     Whereas, The forty-four percent reduction goes mostly into recycling, and including organic waste recycling could reduce residential trash taken to the landfill to near seventy-five percent; and
     Whereas, An organic recycling facility, which would take yard waste and kitchen waste and turn the materials into either mulch or compost, would also reduce the amount of residential trash; and
      Whereas, Typical "Pay As You Throw" disposal costs for bags and curbside collection, along with enhanced recycling programs, could greatly reduce the amount that families are currently paying for waste disposal; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study "Pay As You Throw" system for waste management fees; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Morgan, Stephens, Argento, Butcher, Givens, Hall, Hartman, Hatfield, Martin, D. Poling, Ross, Skaff, Staggers, Swartzmiller, Talbot, Azinger, Cowles, McGeehan, C. Miller and Porter:

     H. C. R. 81 - "Requesting that the Joint Committee on Government and Finance authorize a study on the West Virginia Office of Emergency Medical Services."
     Whereas, The Board regulating West Virginia Office of Emergency Medical Services has over 10,000 actively licensed persons in 2009; and
     Whereas, The West Virginia Offices of Emergency Medical Service's purpose is to protect the public by setting standards of qualification, education, training and experience for those who seek licensure and to promote high standards of professional and ethical performance for those engaged in the profession; and
     Whereas, The Legislature is committed to protecting the public through the licensure and regulation of professions and occupations in this state; and
     Whereas, The West Virginia Office of Emergency Medical Services is tasked with the responsibility of clinical care coordination, WVPreMIS implementation, disaster operations, threat preparedness activities and EMS for Children (EMS-C); and
      Whereas, The Operations Section assists EMS agencies and other public health entities in planning for and responding to disasters, MCIs, and special events; and
     Whereas, The statute governing the Office of Emergency Medical Services should be reviewed to consider any appropriate and necessary revisions to the laws and rules governing these professions; therefore be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to authorize a study on the Emergency Medical Service Act; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the Legislative expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Morgan, Stephens, Argento, Butcher, Givens, Hall, Hartman, Hatfield, Martin, D. Poling, Ross, Skaff, Staggers, Swartzmiller, Talbot, Azinger, Cowles, McGeehan, C. Miller and Porter:

     H. C. R. 82 - "Requesting that the Joint Committee on Government and Finance authorize a study of the Board of Optometry."
     Whereas, The Board of Optometry had 295 licensees in 2008; and
     Whereas, Changes have occurred in the practice of optometry that have not been incorporated into the regulatory framework governing the board; and
     Whereas, The Legislature is committed to protecting the public through the licensure and regulation of professions and occupations in this state; and
     Whereas, The statute governing the Board of Optometry and the practice of optometry should be reviewed to consider any appropriate and necessary revisions to the laws and rules governing these professions; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to authorize a study of the law governing the Board of optometry and the scope of practice of optometrists; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the Legislative expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Morgan, Stephens, Argento, Butcher, Givens, Hall, Hartman, Hatfield, Martin, D. Poling, Ross, Skaff, Staggers, Swartzmiller, Talbot, Azinger, Cowles, McGeehan, C. Miller and Porter:

     
H. C. R. 83 - "Requesting that the Joint Committee on Government and Finance authorize a study of the law governing the West Virginia Board of Physical Therapy."
     Whereas, The Board regulating the profession of physical therapists had over 1,000 actively licensed physical therapists and over 700 actively licensed physical therapist assistants in 2009; and
     Whereas, Changes have occurred in the practice of these professions that have not been incorporated into the regulatory framework governing the board; and
     Whereas, The Legislature is committed to protecting the public through the licensure and regulation of professions and occupations in this state; and
     Whereas, The statute governing the West Virginia Board of Physical Therapy should be reviewed to consider any appropriate and necessary revisions to the laws and rules governing these professions; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to authorize a study of the law governing the West Virginia Board of Physical Therapy; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the Legislative 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,
Delegates Morgan, Stephens, Argento, Butcher, Givens, Hall, Hartman, Martin, D. Poling, Ross, Skaff, Staggers, Swartzmiller, Talbott, Cowles, McGeehan, C. Miller and Porter:

     
H. C. R. 84 - "Requesting that the Joint Committee on Government and Finance authorize a study on the Athletic Commission and the regulation of Mixed Martial Arts."
     Whereas, The Athletic Commission regulated the sport of boxing; and
     Whereas, The Athletic Commission is the proper agency to regulate Mixed Martial Arts; and
     Whereas, The Mixed Martial Art field has developed stringent rules, The Unified Rules of Mixed Martial Arts Combat, to protect the safety of its competitors; and
     Whereas, Mixed Martial Arts is the fastest growing spectator sport and it has the ability to bring spectators from all over; and
     Whereas, Mixed Martial Arts events generate considerable amounts of revenue in both taxes and tourism; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to authorize a study on including in the duties of the Athletic Commission, the regulation of Mix Martial Arts; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the Legislative 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.
     In the absence of objection, the Speaker referred the resolutions (H. C. R. 80, H. C. R. 81, H. C. R. 82, H. C. R. 83 and H. C. R. 84) to the Committee on Rules.
     Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     Com. Sub. for S. B. 246, Relating to unemployment compensation generally,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 246) was referred to the Committee on Finance.
     Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     Com. Sub. for S. B. 278, Creating felony offense of willful failure to provide certain drug benefits,
     Com. Sub. for S. B. 282, Relating to retail liquor licenses' classification,
     Com. Sub. for S. B. 470, Regulating all-terrain vehicles on Hatfield-McCoy Trail,
     And,
     Com. Sub. for S. B. 613, Clarifying coalbed methane notice requirements,
     And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
     Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     S. B. 425, Disclosing certain refinanced loan's higher annual percentage rate,
     Com. Sub. for S. B. 468, Requiring redemption property purchaser pay in certified funds,
     And,
     S. B. 495, Authorizing Insurance Commissioner permit certain groups life insurance policies,
     And reports the same back with the recommendation that they each do pass.
     Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     Com. Sub. for S. B. 227, Authorizing Department of Revenue promulgate legislative rules,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended.
     Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration:
     Com. Sub. for S. B. 414, Relating to Pharmaceutical Cost Management Council and health care delivery systems,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 414) was referred to the Committee on Finance.
     Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration:
     Com. Sub. for S. B. 724, Relating to health care provider tax,
     And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 724) was referred to the Committee on Finance.
     Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration:
     S. B. 322, Exempting certain life insurance policies from Medicaid assignment,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
     In the absence of objection, reference of the bill (S. B. 322) to the Committee on Finance was abrogated.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     Com. Sub. for S. B. 575, Relating to gaming operations at historic resort hotel,
     And reports the same back, with amendment and accompanying Minority Report, with the recommendation that it do pass, as amended.
     The accompanying Minority Report, heretofore filed with the bill, was as follows:

April 3, 2009


The Honorable Gregory M. Gray
Clerk of the House of Delegates
1900 Kanawha Boulevard, East
Room 212 M, Building 1
Charleston, West Virginia 25305
Dear Mr. Clerk,
     Pursuant to House Rule 88, the Minority members of the Committee on the Judiciary offer the following Minority Report. The Minority believes that the original intent of Committee Substitute for SB 575 is to provide parity between gaming operations conducted at the pari-mutual tracks and the Greenbrier. The version of the bill that is reported from the Judiciary Committee goes beyond this intent by granting pari-mutuals increased authority. The Minority Report seeks to return the bill to its original intent.
     [Clerk's Note: The following text of the Minority Report seeks to amend the bill.]
     That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §29-22-29, and that §29-25-1, §29-25-2, §29-25-3, §29-25-5, §29-25-6, §29-25-8, §29-25-9, §29-25-11, §29-25-12, §29-25-13, §29-25-16, §29-25-17, §29-25-18, §29-25-20, §29-25-21, §29-25-22, §29-25-23, §29-25-24, §29-25-25 of said code be amended and reenacted; and that said code be amended by adding thereto twelve new sections, designated §29-25-22a, §29-25-28, §29-25- 29, §29-25-30, §29-25-31, §29-25-32, §29-25-33, §29-25-34, §29-25-35, §29-25-36, §29-25-37 and §29-25-38, all to read as follows:
ARTICLE 22. STATE LOTTERY ACT.
§29-22-29. Moneys transferred or allocated to non-governmental entities by the department or _____any of its agencies, boards, commissions, divisions and offices; moneys are state _____moneys and have been so in the past; right to audit state moneys transferred to _____nongovernmental entities.
_____(a) Moneys transferred by the Commission under provisions of this article and articles 22A, 22B, 22C and 25 of this chapter to non-governmental recipients, are state moneys and have been state moneys in prior fiscal periods.
_____(b) All nongovernmental entities that have received state moneys as described in subsection (a) of this section are subject to audit by the Commission. An audit provided for by this section may be conducted by employees or agents of the Commission. An audit provided for by this section may also be conducted by the legislative auditor or by the committee on special investigations.

ARTICLE 25. AUTHORIZED GAMING FACILITY.
§29-25-1. Authorization of limited gaming facility; findings; intent.
     (a) Operation of authorized games of chance West Virginia Lottery table games. -- Notwithstanding any provision of law to the contrary, the operation of West Virginia lottery games permitted by this article and the related operation of a gaming facility and ancillary activities is not unlawful when conducted under the terms specified in this article and article twenty-two-c of this chapter.
     (b) Legislative findings. -- The Legislature finds and declares that the tourism industry plays a critical role in the economy of this state and that a substantial state interest exists in protecting that industry. It further finds and declares that the authorization of the operation of a gaming facility at no more than one well-established historic resort hotel in this state as provided in this article will serve to protect and enhance the tourism industry, and indirectly other segments of the economy of this state, by providing a resort hotel amenity which is becoming increasingly important to many actual and potential resort hotel patrons.
     The Legislature finds and declares that video lottery operations pursuant to subsection (c), section three twenty-eight of this article and the operation of the other authorized West Virginia Lottery table games permitted by this article constitute the operation of lotteries within the purview of section thirty-six, article VI of the Constitution of West Virginia.
     (c) Legislative intent. -- It is the intent of the Legislature in the enactment of this article to promote tourism and year-round employment in this state. It is expressly not the intent of the Legislature to promote gaming. As a consequence, it is the intent of the Legislature to allow limited gaming as authorized by this article and article twenty-two-c of this chapter with all moneys gained from the operation of the gaming facility, other than those necessary to reimburse reasonable costs of operation, to inure to the benefit of the state. Further, it is the intent of the Legislature that amendments made to this article during the 2009 regular session will establish appropriate conformity between the operations of video lottery and West Virginia Lottery table games at the licensed gaming facility under this article and the operations of video lottery and table games at the pari-mutuel racetracks licensed under articles twenty-two-a and twenty-two-c of this chapter.
§29-25-2. Definitions.
     
As used in this article, unless the context otherwise requires, the following words and phrases have meanings indicated:
     (a) "Applicant" means any person or entity applying for a license.
     (b) "Adjusted gross receipts" means the gross receipts of a gaming facility from authorized games of chance West Virginia Lottery table games less winnings paid to wagerers in the such games.
     (c) "Annual average gross receipts of the pari-mutuel racetracks with table games licenses" means the amount obtained by adding the adjusted gross receipts of all West Virginia pari-mutuel racetracks with table games licenses and then dividing that calculation by the number of West Virginia pari-mutuel racetracks with table games licenses.
_____
(c) "Authorized game of chance" includes means baccarat, twenty-one or blackjack, poker, craps, roulette, wheel of fortune, video lottery games and any other Monte Carlo style table game expressly authorized by rule of the commission, but expressly excludes punchboard, faro, keno, numbers ticket, push card, jar ticket, pull tab or similar games.
     
(d) "Background investigation" means a security, criminal and credit investigation of an applicant who has applied for the issuance or renewal or a license pursuant to this article or a licensee who holds a current license.
_____
(d) (e) "Controlling interest" means:
     (1) For a partnership, an interest as a general or limited partner holding more than fifty five percent interest in the entity;
     (2) For a corporation, an interest of more than fifty five percent of the stock in the corporation; and
     (3) For any other entity, an ownership interest of more than fifty five percent in the entity.
     (e) (f) "Controlling person" means, with respect to another person, any person directly or indirectly owning or holding a controlling interest in that other person.
     (f) (g) "Commission" means the State Lottery Commission created in section four, article twenty-two of this chapter.
     (h) "Designated gaming area" means one or more specific floor areas of a licensed gaming facility within which the commission has authorized operation of video lottery terminals or West Virginia Lottery table games, or the operation of both video lottery terminals and West Virginia Lottery table games.
_____
(g) (i) "Director" means the Director of the State Lottery Commission.
     (j) "Erasable programmable read-only memory chips" or "EPROM" means the electronic storage medium on which the operation software for all games playable on a video lottery terminal resides and can also be in the form of CD ROM, flash ROM or other new technology medium that the commission may from time to time approve for use in video lottery terminals. All electronic storage media are considered to be property of the State of West Virginia.
_____(k) "Fringe benefits" means sickness and accident benefits and benefits relating to medical and pension coverage.
_____
(h) (l) "Gaming devices and supplies" mean gaming tables for all authorized games of chance West Virginia Lottery table games, roulette wheels, wheels of fortune, video lottery terminals, cards, dice, chips, tokens, markers or any other mechanical, electronic or other device, mechanism or equipment or related supplies utilized in the operation of an authorized game of chance West Virginia Lottery table game.
     (i) (m) "Gaming facility" means a designated area on the premises of an existing historic resort hotel in which authorized games of chance West Virginia Lottery table games are conducted by a gaming licensee.
     (j) (n) "Gaming licensee" means the licensed operator of a gaming facility.
     (k) (o) "Gross receipts" means the total amount of money exchanged for the purchase of chips, tokens or electronic cards by patrons of a gaming facility reduced by gross terminal income to the extend extent gross terminal income is included in the amount of money exchanged.
     (l) (p) "Gross terminal income," has the same meaning ascribed to the term as set forth in article twenty-two-a of this chapter as used in this article and as used in article twenty-two-a of this chapter, means the total amount of cash or tokens inserted into the video lottery terminals operated by a licensee, and minus the total value of coins and tokens won by a player and game credits which are cleared from the video lottery terminals in exchange for winning redemption tickets.
_____
(m) (q) "Historic resort hotel" means a resort hotel registered with the United States Department of the Interior as a national historic landmark in its National Registry of Historic Places having not fewer than five hundred guest rooms under common ownership and having substantial recreational guest amenities in addition to the gaming facility.
     (s) "State gaming (r) "Historic Resort Hotel Fund" means the special fund in the State Treasury created in section twenty-two of this article.
     (s) "Human Resource Benefit Fund" means the special fund in the State Treasury created in section twenty-two-a of this article.
_____(t) "Human Resource Benefit Advisory Board" or "board" means the advisory board created in section twenty-two-a of this article.
_____
(n) (u) "License" means a license issued by the commission, including:
     (1) A license to operate a gaming facility;
     (2) A license to supply gaming devices and supplies to a gaming facility; or
     (3) A license to be employed in connection with the operation of a gaming facility; or
_____
(4) A license to provide management services under a contract to a gaming facility under this article.
_____
(o) (v) "Licensed gaming facility employee" means any individual licensed to be employed by a gaming licensee in connection with the operation of a gaming facility.
     (p) (w) "Licensed gaming facility supplier" means a person who is licensed by the commission to engage in the business of supplying gaming devices and gaming supplies to a gaming facility.
     (q) (x) "Licensee" means a gaming licensee, a licensed gaming facility supplier or a licensed gaming facility employee.
     (y) "Manufacturer" means any person holding a license granted by the commission to engage in the business of designing, building, constructing, assembling or manufacturing video lottery terminals, the electronic computer components of the video lottery terminals, the random number generator of the video lottery terminals, or the cabinet in which it is housed, and whose product is intended for sale, lease or other assignment to a licensed gaming facility in West Virginia and who contracts directly with the licensee for the sale, lease or other assignment to a licensed gaming facility in West Virginia.
_____(z) "Net terminal income" means gross terminal income minus an amount deducted by the commission to reimburse the commission for its actual cost of administering video lottery at the licensed gaming facility. No deduction for any or all costs and expenses of a licensee related to the operation of video lottery games shall be deducted from gross terminal income.
_____
(r) (aa) "Person" means any natural person, corporation, association, partnership, limited partnership, limited liability company or other entity, regardless of its form, structure or nature.
     (bb)"Premises of an existing historic resort hotel" means the historic resort hotel, attachments of the historic resort hotel, and the traditional, immediate grounds of the historic resort hotel.
_____
(t) (cc) "Video lottery games game," and video lottery terminals" shall have the same meaning ascribed the terms in article twenty-two-a of this chapter as used in this article and as used in article twenty-two-a of this chapter, means a commission-approved, -owned and -controlled electronically simulated game of chance which is displayed on a video lottery terminal and which:
_____(1) Is connected to the commission's central control computer by an online or dial-up communication system;
_____(2) Is initiated by a player's insertion of cash or tokens into a video lottery terminal, which causes game play credits to be displayed on the video lottery terminal and, with respect to which, each game play credits entitles a player to choose one or more symbols or numbers or to cause the video lottery terminal to randomly select symbols or numbers;
_____(3) Allows the player to win additional game play credits, coins or tokens based upon game rules which establish the random selection of winning combinations of symbols or numbers or both and the number of free play credits, coins or tokens to be awarded for each winning combination of symbols or numbers or both;
_____(4) Is based upon a computer-generated random selection of winning combinations based totally or predominantly on chance;
_____(5) In the case of a video lottery game which allows the player an option to select replacement symbols or numbers or additional symbols or numbers after the game is initiated and in the course of play, either:
_____(A) Signals the player, prior to any optional selection by the player of randomly generated replacement symbols or numbers, as to which symbols or numbers should be retained by the player to present the best chance, based upon probabilities, that the player may select a winning combination;
_____(B) Signals the player, prior to any optional selection by the player of randomly generated additional symbols or numbers, as to whether such additional selection presents the best chance, based upon probabilities, that the player may select a winning combination; or
_____(C) Randomly generates additional or replacement symbols and numbers for the player after automatically selecting the symbols and numbers which should be retained to present the best chance, based upon probabilities, for a winning combination, so that in any event, the player is not permitted to benefit from any personal skill, based upon a knowledge of probabilities, before deciding which optional numbers or symbols to choose in the course of video lottery game play;
_____(6) Allows a player at any time to simultaneously clear all game play credits and print a redemption ticket entitling the player to receive the cash value of the free plays cleared from the video lottery terminal; and
_____(7) Does not use the following game themes commonly associated with casino gambling: Roulette, dice or baccarat card games:
Provided, That games having a display with symbols which appear to roll on drums to simulate a classic casino slot machine, game themes of other card games and keno may be used.
_____(dd) "Wager" means a sum of money or thing of value risked on an uncertain occurrence.
_____(ee) "West Virginia Lottery table game" means any game played with cards, dice or any mechanical, electromechanical or electronic device or machine for money or any representative of value, including, but not limited to, baccarat, blackjack, poker, craps, roulette, wheel of fortune or any variation of these games similar in design or operation and expressly authorized by rule of the commission, including multiplayer electronic table games, machines and devices, but excluding video lottery, punchboards, faro, numbers tickets, push cards, jar tickets, pull tabs or similar games.
§29-25-3. Commission duties and powers.
     (a) Duties. -- In addition to the duties set forth elsewhere in this article, the commission shall:
     (1) Establish minimum standards for gaming devices and supplies, including electronic or mechanical gaming devices;
     (2) Approve, modify or reject game rules of play for all authorized games of chance West Virginia Lottery table games proposed to be operated by a gaming licensee;
     (3) Establish standards governing gaming facilities generally, Approve, modify or reject minimum internal control standards proposed by the licensee gaming facility for West Virginia Lottery table game, including the maintenance of financial books and records;
     (4) Provide staff to supervise, inspect and monitor the operation of any gaming facility, including inspection of gaming devices and supplies used in the operation to assure continuous compliance with all legislative rules of the promulgated by the commission and provisions of this article;
     (5) Establish minimum levels of insurance to be maintained with respect to a gaming facility;
     (6) Investigate applicants to determine eligibility for any license and, where appropriate, select among competing applicants;
     (7) Designate appropriate classifications of personnel to be employed in the operation of a gaming facility and establish appropriate licensing standards within the classifications;
     (8) Issue all licenses;
     (9) Charge and collect the taxes and fees authorized, required or specified in this article: and receive, accept and pay taxes and fees collected under this article into the state gaming fund
_____(i) Receive, accept and pay the specified percentage of taxes collected under sections twenty and twenty-one of this article into the Historic Resort Hotel Fund; and
_____(ii) Receive, accept and pay the specified percentage of taxes collected under sections twenty and twenty-one of this article into the Human Resource Benefit Fund;

     (10) Maintain a record of all licenses issued;
     (11) Keep a public record of all commission actions and proceedings; and
     (12) File a written annual report to the Governor, the President of the Senate and the Speaker of the House of Delegates on or before January 30 of each year and any additional reports as the Governor or Legislature may request.
     (b) Powers. -- In addition to the powers set forth elsewhere in this article, the commission has the following powers:
     (1) To sue to enforce any provision of this article by injunction;
     (2) To hold hearings, administer oaths and issue subpoenas for the attendance of a witness to testify and to produce evidence;
     (3) To enter a gaming facility at any time and without notice to ensure strict compliance with the rules of the commission;
     (4) To bar, for cause, any person from entering or participating in any capacity in the operation of a gaming facility; and
     (5) To exercise such other powers as may be necessary to effectuate the provisions of this article.
     (c)  Video lottery games. -- The commission is authorized to implement and operate video lottery games at the gaming facility licensed pursuant to this article consistent with the gaming licensee's operation of the gaming facility. With respect to video lottery games the provisions of article twenty-two-a of this chapter apply to this article, except in the event of a conflict or inconsistency between any of the provisions of this article and the provisions of article twenty-two-a of this chapter. In that event, the provisions of this article shall supersede any conflicting or inconsistent provisions contained in article twenty-two-a of this chapter. In carrying out its authority hereunder, the commission may: (1) Specify by rule additional licensure and fee requirements consistent with the provisions of article twenty-two-a respecting video lottery manufacturers, service technicians and validation managers; and (2) adopt and specify any reasonable procedure, protocol or requirement to enable video lottery terminals to effectively and efficiently communicates with the commission's central computer system used in administering article twenty-two-a of this chapter.
§29-25-5. Rules.
     The commission shall propose for promulgation legislative rules in accordance with the provisions of article three, chapter twenty-nine-a of this code as are necessary to provide for implementation and enforcement of the provisions of this article. Any legislative rules proposed by the commission before September 1, thousand nine hundred ninety-nine, may be by emergency rule.
§29-25-6. Law enforcement.
     (a) Generally. -- Notwithstanding any provision of this code to the contrary, the director may commission shall, by contract or cooperative agreements, with state, county or municipal law enforcement agencies operating in the county in which the gaming facility is located arrange for such law enforcement services as agreement with the West Virginia State Police, arrange for those law- enforcement services uniquely related to gaming as such occurs at the gaming facility that are necessary to enforce the provisions of this article.
     (b) Costs. -- The actual cost of services provided by the State Police or municipal law enforcement agencies in connection with enforcement of the provisions of this article West Virginia State Police pursuant to a contract or cooperative agreement entered into pursuant to the provisions of subsection (a) of this section, including, but not limited to, necessary training costs, shall be paid from the state gaming fund, which cost shall include all costs of required training and equipment as well as salary, benefits and other direct costs of additional required personnel by the commission as an administrative expense.
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The costs of services related to a gaming facility provided by law-enforcement officers of the county in which such gaming facility is located shall be paid from that portion of the state gaming fund allocated to such county. The costs shall include all costs of required training and equipment as well as salary, benefits and other direct costs of additional personnel.
     
(c) Notwithstanding any provision of this code to the contrary, the West Virginia State Police shall have exclusive jurisdiction over felony offenses committed on the grounds of the gaming facility.
§29-25-8. Licenses required.
     (a) No person may engage in any activity in connection with a gaming facility in this state for which a license is required by subsection (b) of this section unless that person has been licensed by the commission in accordance with this article.
     (b) Licenses are required for the following purposes:
     (1) For any person engaging in the business of operating a gaming facility in the state;
     (2) For any person engaging in the business of supplying a gaming facility with gaming devices, gaming supplies or gaming services; if the gaming facility expends more than fifty thousand dollars annually with such person; and
     (3) For any individual employed by a gaming licensee in connection with the operation of a gaming facility in the state; and
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(4) For any person providing management services under a contract to a gaming facility.
     (c) Any license required under this article is in addition to all other licenses or permits otherwise required by law.
§29-25-9. License to operate a gaming facility.
     (a) Single license. -- The commission may issue only one license to operate a gaming facility. If the one license limitation in the preceding sentence is found to be unconstitutional in a final, nonappealable order by a court of competent jurisdiction, the commission shall have no authority to issue any license under this article and, in such event, the provisions of this article shall not be severable and any license issued under the provisions of this article prior thereto shall be void. The Legislature intends that no more than one license to operate one gaming facility in this state shall be authorized in any event.
     (b) Applicant qualifications. -- An The applicant must be the owner or be wholly owned by the owner of an existing actual operator of the gaming facility to be located on the premises of an existing historic resort hotel in which the gaming facility is to be located and the The applicant may be the owner of the existing historic resort hotel or a person that leases well-defined spaces on the premises of the historic resort hotel in order to operate a gaming facility as defined by this article. The resort hotel must be located within the jurisdiction of a county approving the operation of a gaming facility in accordance with section seven of this article. An The applicant shall meet the qualifications and requirements set forth in this article and legislative rules adopted by the commission. In determining whether to grant a license to operate a gaming facility to an applicant, the commission shall consider:
     (1) The character, reputation, experience and financial integrity of the applicant and any controlling person of the applicant;
     (2) Whether the applicant has adequate capital to construct and maintain the proposed gaming facility for the duration of a license;
     (3) The extent to which the applicant meets standards contained in legislative rules adopted by the commission relating to public safety or other standards; and
     (4) The plan submitted by the applicant regarding employment levels and the extent to which the submitted plan demonstrates an ability on the part of the applicant to create at least one hundred full-time equivalent jobs with a salary and benefit package commensurate with existing employees at the historic resort hotel.
     (c) Conditions attached to license. -- A license to operate a gaming facility may only be granted to an applicant upon the express condition that: Floor plan submission requirement. -- Prior to commencing the operation of any West Virginia Lottery table game in a designated gaming area, the gaming facility licensee shall submit to the commission for its approval a detailed floor plan depicting the location of the designated gaming area in which West Virginia Lottery table game gaming equipment will be located and its proposed arrangement of the West Virginia Lottery table game gaming equipment. If the floor plans for the designated gaming area preserve the historic integrity of the historic resort hotel where the licensed gaming facility is located, then any floor plan submission that satisfies the requirements of the legislative rules promulgated by the commission shall be considered approved by the commission unless a gaming facility is notified in writing to the contrary within one month of filing a detailed floor plan.
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(1) The licensee may not enter into any management service contract, understanding or arrangement of any kind which would act to permit any person other than the licensee to operate a licensed gaming facility unless the management service contract, understanding or arrangement is in writing and has been approved by the commission, which approval shall be conditioned upon successful completion of a thorough background investigation at the expense of the licensee;
     
(2) The licensee may not in any manner permit a person other than the licensee to have a share, percentage or proportion of any profits generated from the operation of a gaming facility;
     
(3) The licensee may not in any manner permit a person other than the licensee to have a share, percentage or proportion of any profits generated from the operation of the gaming facility without the prior written approval of the director of the Lottery Commission; and,
     
(4) The licensee shall permit authorized games of chance to be played only during those hours established and approved by the commission.
_____(d) Management service contracts. --
_____(1)
Approval. -- A gaming facility may not enter into any management service contract that would permit any person other than the licensee to act as the commission's agent in operating West Virginia Lottery table game unless the management service contract: (A) Is with a person licensed under this article to provide management services; (B) is in writing; and (C) the contract has been approved by the commission.
_____(2)
Material change. -- A licensed gaming facility shall submit any material change in a management service contract previously approved by the commission to the commission for its approval or rejection before the material change may take effect.
_____(3)
Prohibition on assignment or transfer. -- A management services contract may not be assigned or transferred to a third party.
_____(4)
Other commission approvals and licenses. -- The duties and responsibility of a management services provider under a management services contract may not be assigned, delegated, subcontracted or transferred to a third party to perform without the prior approval of the commission. Third parties must be licensed under this article before providing service. The commission shall license and require the display of West Virginia Lottery game logos on appropriate game surfaces and other gaming items and locations as the commission considers appropriate.
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(d) (e) License application requirements. -- An applicant for a license to operate a gaming facility shall:
     (1) Submit an application to the commission on a form prescribed by the commission, which form shall include:
     (A) Information concerning the applicant and of any controlling person of the applicant sufficient to serve as a basis for a thorough background check;
     (B) Subject to the provisions of subsection (e) (g) of this section with respect to publicly- traded corporations, the identity of all stockholders or other persons having a financial interest in either the applicant or any controlling person of the applicant and the identity of each director or executive officer of the applicant and of any controlling person of the applicant;
     (C) The identity of the historic resort hotel at which the gaming facility is to be located, including identification of the county in which the historic resort hotel is located; and
     (D) Any other information designated by the commission as appropriate to assist it in determining whether a license should be issued;
     (2) Pay to the commission a nonrefundable application fee for deposit into the state gaming Community-Based Service Fund created in section twenty-seven, article twenty-two-c of this chapter in the amount of $25,000 $65,000.
     (3) Pay to the commission an investigative fee for deposit in the state gaming fund in the amount of twenty thousand dollars.
     
(f) Privately held corporations. -- In the event that an applicant or any controlling person of an applicant is a privately held corporation, then the commission may not grant a license until the commission determines that each person who has control of the applicant also meets all of the qualifications the applicant must meet to hold the license for which application is made. The following persons are considered to have control of an applicant:
_____(1) Each person associated with a corporate applicant, including any corporate holding company, parent company or subsidiary company of the applicant, but not including a bank or other licensed lending institution which holds a mortgage or other lien acquired in the ordinary course of business, who has the ability to control the activities of the corporate applicant or elect a majority of the board of directors of that corporation;
_____(2) Each person associated with a noncorporate applicant who directly or indirectly holds any beneficial or proprietary interest in the applicant or who the commission determines to have the ability to control the applicant; and
_____(3) Key personnel of an applicant, including any executive, employee or agent, having the power to exercise significant influence over decisions concerning any part of the applicant's business operation.
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(e) (g) Publicly-traded corporations. -- In the event that an applicant or any controlling person of an applicant is a publicly traded corporation, then information otherwise required to be furnished by an applicant with respect to stockholders, directors and executive officers of the publicly-traded corporation shall be limited to information concerning only those executive officers of the publicly- traced traded corporation whose ongoing and regular responsibilities relate or are expected to relate directly to the operation or oversight of the gaming facility. "Publicly traded corporation" as used herein means any corporation or other legal entity, except a natural person, which has one or more classes of securities registered pursuant to section twelve of the Securities Exchange Act of 1934, as amended (15 U. S. C. §78), or is an issuer subject to section fifteen-d of that said act.
     (f) (h) Gaming facility qualifications. -- An applicant for a license to operate a gaming facility shall demonstrate that the gaming facility will: (1) Be accessible to disabled individuals; (2) not be located at the main entrance to the historic resort hotel; (3) be licensed in accordance with all other applicable federal, state and local laws; and (4) meet any other qualifications specified by legislative rules adopted by the commission.
     (g)  Investigative fee. -- The investigative fee paid by an applicant at the time of submitting an application shall be applied to the cost of any investigation relating to the applicant required under this article.
     (1) If the cost of the investigation is greater than twenty thousand dollars, the investigative agency shall show cause for the additional cost. The applicant shall pay the additional costs to the extent approved by the commission, but not to exceed a total investigative fee of forty thousand dollars;
     
(2) If the cost of the investigation is less than the aggregate investigative fee paid by an applicant, the commission shall refund the difference.
     
(h) (i) Surety bond requirement. -- The licensed operator of a gaming facility shall execute a surety bond to be given to the state to guarantee the licensee faithfully makes the all payments keeps books and records, makes reports and conducts gaming in the licensee's gaming facility in accordance with the provisions of this article and legislative rules promulgated by the commission. The surety bond shall be:
     (1) In the an amount of five million dollars determined by the commission to be adequate to protect the state against nonpayment by the licensee of amounts due the state under this article;
     (2) In a form approved by the commission; and
     (3) With a surety approved by the commission who is licensed to write surety insurance in this state. The bond shall remain in effect during the term of the license and may not be canceled by a surety on less than thirty days' notice in writing to the commission. The total and aggregate liability of the surety on the bond is limited to the amount specified in the bond. The bond must remain in effect during the term of the license, and may not be canceled by a surety on less than thirty days notice in writing to the commission. The total and aggregate liability of the surety on the bond is limited to the amount specified in the bond.
     
(i) (j) Authorization of license. -- A license to operate a gaming facility authorizes the licensee to engage in the business of operating a gaming facility while the license is effective. A license to operate a gaming facility is not transferable or assignable and cannot be sold or pledged as collateral.
     (j) (k) Audits. -- A licensed gaming facility operator shall submit to the commission an annual audit, by a certified public accountant who is, or whose firm is, licensed in the State of West Virginia, or by a nationally recognized accounting firm, of the financial transactions and condition of the licensee's total operations. The audit shall be in accordance with generally accepted auditing principles.
     (k) (l) Annual license maintenance renewal fee. -- For the second year that it is licensed, the licensed gaming facility operator must pay to the commission an annual a license maintenance renewal fee of five thousand dollars $250,000. For the third year that it is licensed, the licensed gaming facility must pay to the commission a license renewal fee of $500,000. For every year after the third year that it is licensed, the licensed gaming facility must pay to the commission a license renewal fee that is calculated by determining the annual average gross receipts of the West Virginia pari-mutuel racetracks with table games licenses for the last full fiscal year of adjusted gross receipts available, and dividing that number into the licensed gaming facility operator's adjusted gross receipts for the same full fiscal year of adjusted gross receipts to obtain a percentage, and by multiplying the resulting percentage by $2,500,000: Provided, That the amount required to be paid by the licensed gaming facility shall be not less than $500,000, nor more than $2,500,000.
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(l) (m) The licensed gaming facility operator shall provide to the commission, at no cost to the commission, suitable office space at the gaming facility to perform the duties required of it by the provisions of this article.
§29-25-11. License to supply gaming facility.
     (a) Licenses. -- The commission may issue a license to each applicant for a license to supply a gaming facility with gaming devices, gaming supplies or services who meets the requirements of this section.
     (b) License qualifications. -- To qualify for a license, an applicant shall meet the requirements of this section. Each applicant who is an individual who is a controlling person of an applicant that is not an individual must be of good moral character and reputation and shall have the necessary experience and financial ability to successfully carry out the functions of a gaming facility supplier. The commission may adopt legislative rules establishing additional requirements for a gaming facility supplier.
     (c) Supplier specification. -- An applicant for a license to supply gaming devices, equipment and supplies to a gaming facility shall demonstrate that the gaming devices, equipment and supplies that the applicant plans to sell or lease to the licensed operator of the gaming facility, conform or will conform to standards established by legislative rules of the commission and applicable state law.
     (d) License application requirements. -- An applicant for a license shall:
     (1) Submit an application to the commission on the form that the commission requires including adequate information to serve as a basis for a thorough background check;
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(2) Submit fingerprints for a national criminal records check by the Criminal Identification Bureau of the West Virginia State Police and the Federal Bureau of Investigation. The fingerprints shall be furnished by all persons required to be named in the application and shall be accompanied by a signed authorization for the release of information by the Criminal Investigation Bureau and the Federal Bureau of Investigation. The commission may require any applicant seeking the renewal of a license or permit to furnish fingerprints for a national criminal records check by the Criminal Identification Bureau of the West Virginia State Police and the Federal Bureau of Investigation; and
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(2) (3) Pay to the commission a nonrefundable application fee for deposit into the state gaming fund in the amount of $5,000 $100 to be retained by the commission as reimbursement for the licensing process.
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(3) Pay to the commission an investigative fee for deposit into the state gaming fund in the amount of ten thousand dollars, or a lesser amount as the commission upon application may conditionally approve in a particular case.
     
(e) Investigative fee. -- the investigative fee paid by an applicant for a license to supply a gaming facility must be applied to the cost of any investigation of the applicant required under this article.
     
(1) If the costs of the investigation of an applicant are greater than ten thousand dollars, or the lesser investigative fee as may have been conditionally approved by the commission, the investigative agency must show cause for the additional cost. If the commission approves, the applicant shall pay the additional costs as required by the commission, but not to exceed a total investigative fee of fifty thousand dollars.
     
(2) If the costs of the investigation of an application are less than the aggregate investigative fee paid to the commission, the commission shall refund the difference.
     
(f) (e) Authorization of licensee. -- A license to supply a gaming facility authorizes the licensee to engage in the business of selling gaming devices and supplies to a gaming facility while the license is effective.
     (g) (f) Inventory. -- A licensed gaming facility supplier shall submit to the commission a list of all equipment, gaming devices and supplies sold or delivered to a gaming facility in this state when required by the commission.
     (h) (g) Annual license maintenance renewal fee.-- A licensed gaming facility supplier shall pay to the commission an annual license maintenance renewal fee of $5,000 $100.
§29-25-12. License to be employed by operator of gaming facility.
     (a) Licenses. -- The commission shall issue a license to each applicant for a license to be employed in the operation of a gaming facility who meets the requirements of this section.
     (b) License qualifications. -- To qualify for a license to be employed in a gaming facility, the applicant shall be an individual of good moral character and reputation and have been offered employment by the gaming facility contingent upon licensure pursuant to the provisions of this section. The commission, by rule, may specify additional requirements to be met by applicants based on the specific job classification in which the applicant is to be employed.
     (c) License application requirements. -- An applicant for a license to be employed in the operation of a gaming facility shall:
     (1) Submit an application to the commission on the form that the commission requires, including adequate information to serve as a basis for a thorough background check;
     (2) Submit fingerprints for a national criminal records check by the Criminal Identification Bureau of the West Virginia State Police and the Federal Bureau of Investigation. The fingerprints shall be furnished by all persons required to be named in the application and shall be accompanied by a signed authorization for the release of information by the Criminal Investigation Bureau and the Federal Bureau of Investigation. The commission may require any applicant seeking the renewal of a license or permit to furnish fingerprints for a national criminal records check by the Criminal Identification Bureau of the West Virginia State Police and the Federal Bureau of Investigation; and
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(2) (3) Pay to the commission a nonrefundable investigative application fee for deposit into the state gaming fund in the amount of three hundred dollars $100 to be retained by the commission as reimbursement for the licensing process. This which fee may be paid on behalf of the applicant by the employer.
     (3) Pay to the commission a nonrefundable investigative fee for deposit into the state gaming fund in an amount to be fixed by the commission by rule, which fee may be paid on behalf of the applicant by the employer.
     (d) Authorization of licensee. -- A license to be employed by a gaming facility authorizes the licensee to be so employed in the capacity designated by the commission with respect to the license while the license is effective.
     (e) Annual license maintenance renewal fee. -- Each licensed employee shall pay to the commission an annual license maintenance renewal fee set by the commission, which the maintenance renewal fee may vary based on the capacity designated with respect to the licensee but in no event to exceed three hundred dollars $100. The fee may be paid on behalf of the licensed employee by the employer.
§29-25-13. False statements on applications; other license requirements and prohibitions.

     (a) Any person who knowingly makes a false statement on an application is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred nor more than $500 $1,000 or confined in the county or regional jail and committed to a state correctional facility for not less more than six months, or both fined and confined except that in the case of a person other than a natural person, the amount of the fine imposed may not be more than $25,000.
     (b) The commission may not grant a license pursuant to the provisions of this article if there is substantial evidence that the applicant:
     (1) Has knowingly made a false statement of a material fact to the commission;
     (2) Has been suspended from operating a gambling game, gaming device or gambling operation in another jurisdiction by a board or other governmental authority of that jurisdiction having responsibility for the regulation of gambling or gaming activities;
     (3) Has been convicted of a felony, an offense of moral turpitude, a gambling offense, a theft or fraud offense or has otherwise demonstrated, either by a police record or other satisfactory evidence, a lack of respect for law and order;
     (4) Has failed to meet any monetary obligation in connection with a gaming facility or any other form of gaming; or
     (5) In the case of an applicant for a license to operate a gaming facility or to supply a gaming facility:
     (A) Has not demonstrated financial responsibility sufficient to meet adequately the requirements of the enterprise proposed;
     (B) Is not the true owner of the enterprise or is not the sole owner and has not disclosed the existence or identity of other persons who have an ownership interest in such enterprise; or
     (C) Is a corporation and five percent or more of the stock of the corporation is subject to a contract or option to purchase at any time during the period for which the license is issued unless the contract or option was disclosed to and approved by the commission.
     (c) In addition to any other grounds specified in this article, and subject to the hearing provisions of section seventeen of this article, in the case of a license to operate a gaming facility the commission may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee or any controlling person of the applicant or licensee knowingly employs an individual in a senior management position who has been convicted of a felony under the laws of this state, another state, a territory of the United States, or the United States or employs any individual in a senior management position who has had a license relating to the operation of a gaming facility revoked by this state or any other state.
     (d) Character references may be required of persons licensed, but the character reference may not be obtained from persons in the same or similar occupations or professions in other states.
§29-25-16. License denial, revocation and reprimand.
     (a) The commission may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee, or any controlling person of the applicant or license:
     (1) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;
     (2) Fraudulently or deceptively uses a license; or
     (3) Is convicted of a felony under the laws of this state, another state, a territory of the United States or the United States;
     (4) Is convicted of a misdemeanor under the laws of this state, another state, the United States or a territory of the United States for gambling or a gambling related activity; or
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(5) Is not complying with this act, the legislative rules or the minimum internal control standards promulgated by the commission or the gaming facility.
     (b) Instead of or in addition to reprimanding a licensee or suspending or revoking a license, the commission may impose a civil penalty under section twenty-seven of this article.
§29-25-17. Hearing procedures.
     
(a) Right to a hearing. -- Except as otherwise provided by law, before the commission takes any action involving a licensee under the provisions of this article, it shall give the persons against whom the action is contemplated an opportunity for a hearing before the commission.
     (b) Notice of hearing and right to counsel. -- The commission shall give notice and hold the hearing in accordance with state law, article five, chapter twenty-nine-a of this code. The notice must be given to the person by certified mail to the last known address of the person at least thirty days before the hearing. The person may be represented at the hearing by counsel.
     (c) Failure to comply with subpoena. -- If a person fails to comply with a subpoena issued under this section, on petition of the commission, the circuit court may compel obedience to the subpoena. If after due notice the person against whom the action is contemplated fails or refuses to appear, the commission may hear and determine the matter.
     (d) Appeal. -- Any person aggrieved by a final decision of the commission in a contested case may file a petition for appeal in the circuit court of Kanawha County within thirty days after the person received notice of the final order or decision, as provided in section four, article five, as defined in chapter twenty-nine-a of this code. may appeal as provided for in that chapter
§29-25-18. Inspection and seizure.
     As a condition of licensure, to inspect or investigate for criminal violations of this and notwithstanding the separate licensure of the facility as a private club pursuant to article or violations of the rule promulgated by the commission, the commission seven, chapter sixty of this code, any licensee must consent to any search without a warrant by agents of the commission or of the State Police designated by the commission of the licensee's person, personal property and effects, and premises which are located in the gaming facility or adjacent facilities under the control of the licensee, to inspect or investigate for criminal violations of this article or violations of rules adopted by the commission. and the West Virginia State Police may each, without notice and without warrant:
_____(1) Inspect and examine all premises of the gaming facility with West Virginia Lottery table games, gaming devices, the premises where gaming equipment is manufactured, sold, distributed or serviced or any premises in which any records of the activities are prepared or maintained;
_____(2) Inspect any gaming equipment in, about, upon or around the premises of a gaming facility with West Virginia Lottery table games;
_____(3) Seize summarily and remove from the premises and impound any gaming equipment for the purposes of examination, inspection or testing;
_____(4) Inspect, examine and audit all books, records and documents pertaining to a gaming facility licensee's operation;
_____(5) Summarily seize, impound or assume physical control of any book, record, ledger, West Virginia Lottery table game, gaming equipment or device, cash box and its contents, counting room or its equipment or West Virginia Lottery table game operations; and
_____(6) Inspect the person, and the person's personal effects present on the grounds of a licensed gaming facility with West Virginia Lottery table games, of any holder of a license issued pursuant to this article while that person is present on the grounds of a licensed gaming facility having West Virginia Lottery table games.
§29-25-20. Accounting and reporting of gross terminal income; distribution of net terminal income.

                    The licensed gaming facility shall submit fifty-three thirty-six percent of the gross terminal income from video lottery games at the licensed gaming facility to the commission through electronic funds transfer to be deposited into the Historic Resort Hotel Fund created in section twenty-two of this article. The licensed gaming facility shall also submit seventeen percent of the gross terminal income from video lottery games at the licensed gaming facility to the commission through electronic funds transfer to be deposited into the Human Resource Benefit Fund created in section twenty-two-a of this article. Each of these submissions shall be made to the commission weekly. The gaming licensee shall furnish to the commission all information and bank authorizations required to facilitate the timely transfer of moneys to the commission. The gaming licensee shall provide the commission thirty days' advance notice of any proposed account changes in order to assure the uninterrupted electronic transfer of funds.
§29-25-21. Taxes on games other than video lottery games.
                    (a) Imposition and rate of limited gaming profits tax. -- There is hereby levied and shall be collected a privilege tax against a gaming licensee license in an amount to be determined by the application of the rate against adjusted gross receipts of the licensed gaming facility. The rate of tax is thirty-seven thirty-five percent. Of that thirty-five percent, thirty percent shall be directly deposited by the commission into the Historic Resort Hotel Fund created in section twenty-two of this article and the remaining five percent shall be directly deposited by the commission into the Human Resource Benefit Fund created in section twenty-two-a of this article. For purposes of calculating the amount of tax due under this section, the licensee shall use the accrual method of accounting. This tax is in addition to all other taxes and fees imposed: Provided, That the consumers sales and service tax imposed pursuant to article fifteen, chapter eleven of this code may not apply to the proceeds from any wagering with respect to an authorized game of chance West Virginia Lottery table game pursuant to this article.
                    (b) Computation and payment of tax. - The taxes levied under the provisions of this section are due and payable to the commission in monthly weekly installments on or before the twenty-first day Wednesday of the month each week. following the month in which the tax is accrued The taxpayer shall, on or before the twenty-first day Wednesday of each month week, make out and mail submit by electronic communication to the commission a return for the preceding month week, in the form prescribed by the commission, showing: (1) The total gross receipts from the gaming facility for that month and the adjusted gross receipts; (2) the amount of tax for which the taxpayer is liable; and (3) any further information necessary in the computation and collection of the tax which the Tax Commissioner or the commission may require. Payment of the amount of tax due shall accompany the return. All payments made pursuant to this section shall be deposited in the state gaming fund accordance with sections twenty-two and twenty-two-a of this article. Payments due to the commission under this section and payments due to the commission under section twenty of this article shall be sent simultaneously.
                    (c) Negative adjusted gross receipts. -- When adjusted gross receipts for a week is a negative number because the winnings paid to patrons wagering on the gaming facility's West Virginia Lottery table games exceeds the gaming facility's gross receipts from the purchase of table game tokens, chips or electronic media by patrons, the commission shall allow the licensee to, pursuant to legislative rules promulgated by the commission, carry over the negative amount of adjusted gross receipts to returns filed for subsequent weeks. The negative amount of adjusted gross receipts may not be carried back to an earlier week and the commission is not required to refund any tax received by the commission, except when the licensee surrenders its license to act as agent of the commission in operating West Virginia Lottery table game under this article and the licensee's last return filed under this section shows negative adjusted gross receipts. In that case, the commission shall multiply the amount of negative adjusted gross receipts by the applicable rate of tax and pay the amount to the licensee, in accordance with legislative rules promulgated by the commission.
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(c) (d) Prohibition on credits. -- Notwithstanding any other provision of this code to the contrary, no credits may be allowed against any tax imposed on any taxpayer by this code for an investment in gaming devices and supplies, for an investment in real property which would be directly utilized for the operation of a gaming facility or for any jobs created at a gaming facility. Notwithstanding any other provision of this code to the contrary, the tax imposed by this section may not be added to federal taxable income in determining West Virginia taxable income of a taxpayer for purposes of article twenty-four, chapter eleven of this code.
____________________(e) Tax imposed by this section is in lieu of other taxes. --
____________________(1) With the exception of the ad valorem property tax collected under chapter eleven-a of this code, the tax imposed by this section is in lieu of all other state taxes and fees imposed on the operation of, or the proceeds from operation of West Virginia Lottery table games, except as otherwise provided in this section. The consumers sales and service tax imposed pursuant to article fifteen, chapter eleven of this code shall not apply to the licensee's gross receipts from any wagering on a West Virginia Lottery table game pursuant to this article or to the licensee's purchasing of gaming equipment, supplies or services directly used in operation of a West Virginia Lottery table games authorized by this article. These purchases are also exempt from the use tax imposed by article fifteen-a, chapter eleven of this code.
____________________(2) With the exception of the ad valorem property tax collected under chapter eleven-a of this code, the tax imposed by this section is in lieu of all local taxes and fees levied on or imposed with respect to the privilege of offering a West Virginia Lottery table game to the public, including, but not limited to, the municipal business and occupation taxes and amusement taxes authorized by article thirteen, chapter eight of this code and the municipal sales and service tax and use tax authorized by article thirteen-c of said chapter.
§29-25-22. Historic Resort Hotel Fund; allocation of adjusted gross receipts.
                    (a) There is hereby created a special fund in the State Treasury which shall be designated and known as the state gaming Historic Resort Hotel Fund. All revenues received from licenses and applicants under this article, all Thirty-six percent of the gross terminal income received by the commission under section twenty of this article and all tax revenues from the tax imposed thirty percent of the adjusted gross receipts received by the commission under section twenty-one of this article shall be deposited with the State Treasurer and placed in the state gaming Historic Resort Hotel Fund. The fund shall be an interest bearing account with interest to be credited to and deposited in the state gaming Historic Resort Hotel Fund.
                    (b) All expenses of the commission shall be paid from the state gaming Historic Resort Hotel Fund, including reimbursement of the State Police for activities performed at the request of the commission in connection with background investigations or enforcement activities pursuant to this article. At no time may the commission's expenses under this article exceed fifteen percent of the total of the annual revenue received from the licensee under this article, including all license fees, taxes or other amounts required to be deposited in the state gaming Historic Resort Hotel Fund.
                    (c) The balance of the state gaming Historic Resort Hotel Fund shall become net income and shall be divided as follows:
                    (1) Eighty-nine Sixty-four percent of the state gaming Historic Resort Hotel Fund net income shall be paid into the General Revenue Fund to be appropriated by the Legislature;
____________________(2) Nineteen percent of the Historic Resort Hotel Fund net income shall be paid into the State Debt Reduction Fund established in section twenty-seven, article twenty-two-c of this chapter to be appropriated by the Legislature;
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(2) (3) The Tourism Promotion Fund established in section nine twelve, article one two, chapter five-b of this code shall receive three percent of the state gaming Historic Resort Hotel Fund net income;
                    (3) (4) The county where the gaming facility is located shall receive four percent of the state gaming Historic Resort Hotel Fund net income;
                    (4) (5) The municipality where the gaming facility is located or the municipality closest to the gaming facility by paved road access as of the effective date of the reenactment of this section by the 2009 regular session of the Legislature shall receive two and one-half percent of the state gaming Historic Resort Hotel Fund net income; and
                    
(5) (6) The municipalities within the county where the gaming facility is located, except for the municipality receiving funds under subdivision (4) (5) of this subsection, shall receive equal shares of two and one-half percent of the state gaming Historic Resort Hotel Fund net income;
                    (7) Each county commission in the state that is not eligible to receive a distribution under subdivision (4) of this subsection shall receive equal shares of two and one-half percent of the Historic Resort Hotel Fund net income: Provided, That funds transferred to the county commission under this subdivision shall be used only to pay regional jail expenses and the costs of infrastructure improvements and other capital improvements; and
____________________(8) The governing body of each municipality in the state that is not eligible to receive a distribution under subdivisions (5) and (6) of this subsection shall receive equal shares of two and one- half percent of the Historic Resort Hotel Fund net income:
Provided, That funds transferred to municipalities under this subdivision shall be used only to pay for debt reduction in municipal police and fire pension funds and the costs of infrastructure improvements and other capital improvements.
____________________(d) Notwithstanding any provision of this article to the contrary, all limited gaming facility license fees and license renewal fees received by the commission pursuant to section nine of this article shall be deposited into the Community-Based Service Fund created in section twenty-seven, article twenty-two-c of this chapter.
____________________(e) With the exception of the license fees and license renewal fees received by the commission pursuant to section nine of this article, all revenues received from licensees and license applicants under this article shall be retained by the commission as reimbursement for the licensing process.
§29-25-22a. Human Resource Benefit Fund.
                    (a) There is hereby created a special fund in the State Treasury which shall be designated and known as the Human Resource Benefit Fund. Seventeen percent of the gross terminal income received by the commission under section twenty of this article and five percent of the adjusted gross receipts received by the commission under section twenty-one of this article shall be deposited with the State Treasurer and placed in the Human Resource Benefit Fund. The fund shall be an interest-bearing account with interest to be credited to and deposited in the Human Resource Benefit Fund.
                    (b) For each dollar expended by the historic resort hotel for fringe benefits for the employees of the historic resort hotel, the historic resort hotel shall receive one dollar in recoupment from the Human Resource Benefit Fund: Provided, That the historic resort hotel is not entitled to recoupment for money spent on fringe benefits beyond the amount of money available to be expended from the Human Resource Benefit Fund at the time the request for recoupment is made by the historic resort hotel.
                    (c) The commission shall have full rights and powers to audit the spending of money from the Human Resource Benefit Fund to ensure that the money is being used in the manner prescribed under this section. The commission shall have the power and authority to audit as frequently as it sees fit, so long as it conducts at least two audits each fiscal year.
                    (d) There is hereby created the Human Resource Benefit Advisory Board, which shall meet every six months to verify the commission's audit.
                    (1) The board shall consist of five members, all residents and citizens of the State of West Virginia:
                    (A) One member shall be an employee representative elected by the majority of the employees of the historic resort hotel;
                    (B) One member shall be a representative of the historic resort hotel; and
                    (C) Three members shall be employees of the commission.
                    (2) The members shall be appointed or elected by the entity or persons that they represent. Establishment of terms for members shall be determined by the entity or persons that they represent, if the entity or persons choose to set terms.
                    (3) A majority of members constitutes a quorum for the transaction of business.
                    (4) The board shall meet every six months at the headquarters of the commission. Upon its own motion or upon the request of the commission, it may hold meetings in addition to the required meetings. The commission shall pay the travel expenses of members of the board who are not employed by the commission.
                    (5) All meetings of the board shall be open to the public.
                    (6) The board shall operate in an advisory capacity. Its functions shall include, but are not limited to, reviewing and verifying financial audits of the Human Resource Benefit Fund conducted by the commission and its employees and reviewing source documents associated with disbursements from the Human Resource Benefit Fund.
                    (7) Within thirty days of any board meeting, the board shall report to the commission its findings and any recommendations it may have. The report to the commission shall be made at a commission meeting that is open to the public.
                    (e) In the event that an audit conducted by the commission, or suggested changes to the audit submitted by the board and adopted by the commission, reveals that the historic resort hotel has acted improperly or negligently in its claim for money from the Human Resource Benefit Fund, the commission may impose a civil penalty against the historic resort hotel of up to one hundred percent of the improperly claimed amount. Any civil penalty imposed on the historic resort hotel by the commission under this subsection shall be deposited by the commission into the Historic Resort Hotel Fund.
§29-25-23. Prohibition on unauthorized wagering; complimentary service, gift, cash or other item.

                     (a) A gaming licensee may not permit any form of wagering except as authorized under this article or article twenty-two, twenty-two-a or twenty-two-c of this chapter.
                     (b) A gaming licensee may receive wagers only from an individual present in a licensed gaming facility.
                     (c) All gaming facility operations must utilize a cashless wagering system whereby all players' money is converted to tokens, electronic cards or chips at the request of the wagerer which can only be used for wagering in a licensed gaming facility and wagering may not be conducted with money or other negotiable currency:
                     (1) Wagering on West Virginia Lottery table games may not be conducted with money or other negotiable currency or with tokens, electronic cards or other electronic media or chips not issued by the gaming facility where the West Virginia Lottery table game will be played.
_____________________(2) At the request of the player, the licensee shall convert a player's tokens, electronic cards or other electronic media or chips back to money.
_____________________(3) The licensee may not charge a fee for converting a player's money to an acceptable media for playing a West Virginia Lottery table game or charge a fee for converting the acceptable media for wagering a West Virginia Lottery table game back to money.

                     (d) The gaming licensee is prohibited from offering any complimentary service, gift, cash or other item of value to any person unless: property or service, other than incidental food and beverages, to any person as an inducement to participate in a game of chance. This prohibition includes the offering of complimentary or discounted rooms in exchange for a guest participating in any game of chance at the gaming facility.
                     
(1) The complimentary consists of room, food, beverage or entertainment expenses provided directly to the patron and his or her guests by the gaming facility licensee or indirectly to the patron and his or her guests on behalf of the licensee by a third party;
_____________________(2) The complimentary consists of documented transportation expenses provided directly to the patron and his or her guests on behalf of a gaming facility licensee by a third party:
Provided, That the licensee complies with the legislative rules promulgated by the commission to ensure that a patron's and his or her guests' documented transportation expenses are paid for or reimbursed only once.
_____________________(e) Notwithstanding any provision of subsection (d) of this section to the contrary, a gaming facility licensee may offer and provide complimentary noncash gifts that are not otherwise included in that subsection to any person:
Provided, That any complimentary noncash gifts in excess of an amount per trip to be set by legislative rules promulgated by the commission are supported by documentation regarding the reason the gift was provided to the patron and his or her guests, including, where applicable, a patron's player rating. The documentation shall be maintained by a gaming facility licensee in accordance with legislative rules promulgated by the commission. For purposes of this subsection, all gifts presented to a patron and a patron's guests directly by the gaming facility licensee or indirectly on behalf of the licensee by a third party within any five-day period shall be considered to have been made during a single trip.
§29-25-24. Individual gaming restrictions.
                     (a) An individual may not enter a designated gaming facility area or remain in a designated gaming facility to participate in authorized games of chance area if the individual:
                     (1) Is not a;
                     (A) A registered overnight guest at the historic resort hotel on whose premises the gaming facility is located;
_____________________(B) Is a person who is a registered participant at a convention or event but is not a registered overnight guest:
Provided, That this subdivision only applies on any calendar day when at least four hundred guest rooms are occupied by paying guests of the historic resort hotel; or
_____________________(C) Member of a home-owner or facility association that entitles members to substantial privileges at the historic resort hotel on whose premises the gaming facility is located or an overnight guest of such a member:
Provided, That the association was in existence as of April 1, 2009;
                     (2) Is under the age of twenty-one years;
                     (3) Is visibly intoxicated;
                     (4) Is determined by the gaming facility operator or the commission to be unruly, disruptive or otherwise interfering with operation of the gaming facility; or to be likely to commit, or to attempt to commit, a violation of this article; or
                     (5) Has been barred by the commission from entering a gaming facility.
                     (b) Notwithstanding any provisions of this code to the contrary, no employee of the commission or employee of the historic resort hotel or any member of his or her immediate household may wager at the gaming facility.
§29-25-25. Offenses and penalties.
                     (a) A gaming licensee is guilty of unlawful operation of a game of chance West Virginia Lottery table game when:
                     (1) The licensee operates a game of chance West Virginia Lottery table game or places a video lottery game or video lottery terminal in any location other than a gaming facility that is not a designated gaming area approved by the commission;
                     (2) The licensee acts or employs another person to act as if he or she is not an agent or employee of the licensee in order a shill or decoy to encourage participation in a game of chance West Virginia Lottery table game in a gaming facility;
                     (3) The licensee knowingly permits an individual under the age of twenty-one years of age to enter or remain in a gaming facility for the purpose of making a wager designated gaming area or to play video lottery terminals or West Virginia Lottery table game at a licensed gaming facility; or
                     (4) The licensee exchanges tokens, chips or other forms of credit to be used for wagering in a gaming facility for anything of value except in exchange for money;
_____________________(5) The licensee operates a West Virginia Lottery table game or places a video lottery game or video lottery terminal into play without authority of the commission to do so;
_____________________(6) The licensee knowingly conducts, carries on, operates or exposes for play or allows to be conducted, carried on, operated or exposed for play any West Virginia Lottery table game, video lottery game, video lottery terminal or other device, equipment or material that has in any manner been tampered with or placed in a condition or operated in a manner, the result of which is designed to deceive the public; or
_____________________(7) The licensee employs an individual in a position or to perform duties, for which a license is required by this article or legislative rules promulgated by the commission and the employee does not have a license issued under the provisions of this article or the licensee continues to employ the individual in a position or to perform duties, for which a license is required by this article or legislative rules promulgated by the commission, after the employee's license expired, was revoked by the commission or not renewed by the commission.
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(b) A person is guilty of a misdemeanor when:
_____________________(1) The person operates, carries on or exposes for play an West Virginia Lottery table game prior to obtaining a license or after the person's license has expired and prior to actual renewal of the license or before the West Virginia Lottery table game and the licensee's rules for play for the game are approved or modified and approved by the commission;
_____________________(2) The person works or is employed in a position requiring a license under the provisions of this article without having the license required by this article;
_____________________(3) A licensee who possesses any video lottery terminal or other device, equipment or material which the person knows has been manufactured, distributed, sold, tampered with or serviced in violation of the provisions of this article;
_____________________(4) A licensee who knowingly conducts, carries on, operates or exposes for play, or allows to be conducted, carried on, operated or exposed for play any video lottery game, video lottery terminal, or other device, equipment or material which has in any manner been tampered with, or placed in a condition, or operated in a manner, the result of which tends to deceive the public or tends to alter the normal random selection of characteristics or the normal random selection of characteristics or the normal chance of the video lottery game.
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(b) (c) A person is guilty of felonious wager a felony when:
                     (1) The person offers, promises or gives anything of value or benefit to a person who is connected has an ownership or financial interest in, is employed by or has a service contract with a gaming facility or to that person's spouse or any dependent child or dependent parent, pursuant to an agreement or arrangement, in fact or implied from the circumstances, or with intent that the promise or thing of value or benefit will influence the actions of the person to whom the offer, promise, or gift was made in order to affect or attempt to affect the outcome of an authorized game of chance West Virginia Lottery table game or to influence official action of the commission. For the purposes of this subdivision and subdivision (2) of this subsection, the term "person who is connected with a gaming facility" includes, but is not limited to, a person licensed under this article as well as an officer or employee of a licensee;
                     (2) The person solicits or knowingly accepts or receives a promise of anything of value or benefit while the person is connected with a gaming facility, pursuant to an understanding or arrangement or with the intent that the promise or thing of value or benefit will influence the actions of the person to affect or attempt to affect the outcome of an authorized game of chance West Virginia Lottery table game, or to influence official action of the commission;
                     (3) The person uses or possesses on property owned by the licensed gaming facility or on property contiguous to the gaming facility, with the intent to use, an electronic, electrical or mechanical a device that is designed, constructed or programmed to assist the user or another person:
                     (A) In projecting the outcome of an authorized game of chance West Virginia Lottery table game;
                     (B) In keeping track of cards played dealt or in play;
                     (C) In analyzing the probability of the occurrence of an event relating to an authorized game of chance West Virginia Lottery table game; or
                     (D) In analyzing the strategy for playing or betting to be used in an authorized game of chance West Virginia Lottery table games, except as permitted in writing by the commission; or
_____________________(E) In obtaining an advantage at playing any West Virginia Lottery table game at a licensed gaming facility authorized under this article to operate a West Virginia Lottery table game;
                     (4) The person cheats at an authorized game of chance West Virginia Lottery table game in a gaming facility;
                     (5) The person manufacturers, sells, or distributed any cards, chips, dice, game or device which is intended to be used to violate any provision of this article or the table gaming laws of any other state;
                     (6) The person instructs a person in cheating or in the use of a device for that purpose with the knowledge or intent that the information or use conveyed may be employed to violate any provision of the article;
                     (7) The person places a bet after acquiring knowledge, not available to all players, of the outcome of the game of chance West Virginia Lottery table game which is the subject of the bet or aids a person in acquiring the knowledge for the purpose of placing a bet contingent on that outcome;
                     (8) The person claims, collects, takes or attempts to claim, collect or take money or anything of value into or from a gaming facility, with intent to defraud, without having made a wager contingent on winning a game of chance West Virginia Lottery table game, or claims, collects or takes an amount of money or thing of value or greater value than the amount won;
                     (9) The person knowingly uses chips, electronic media or tokens that are counterfeit chips or tokens to place a wager in a gaming facility;
                     (10) The person knowingly uses any medium other than chips, tokens or other methods of credit approved by the commission to place a wager in a gaming facility;
                     (11) The person, not a gaming licensee or employee or agent of a gaming licensee gaming facility licensed under this article acting in furtherance of the gaming licensee's interests, has in his or her possession on grounds owned by the gaming facility licensed under this article or on grounds contiguous to the gaming facility, any device, by whatever name called, intended to be used to violate a provision of this article or a rule of the commission implementing or explaining a provision of this article; or
                     (12) The person, not a gaming licensee or agent of a gaming licensee acting in furtherance of the gaming licensee's interests, has in his or her possession any key or device designed for the purpose of opening, entering or affecting the operation of an authorized game of chance a West Virginia Lottery table game, drop box or an electronic or mechanical device connected with or used in connection with an authorized game of chance West Virginia Lottery table game in a gaming facility or for removing coins, tokens, chips or other contents therefrom.
                     (c) (d) Any person who violates the provisions of subsection (a) or (b) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in a county or regional jail for not more than and confined in jail for not more than six months, except that in the case of a person other than a natural person, the amount of the fine imposed may not be more than $25,000.
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(d) (e) Any person who violates the provisions of subsection (b) (c) of this section is guilty or a felony and, upon conviction thereof, shall be fined not less than $5,000 nor more than $10,000 and committed to the department of corrections of a definite a state correctional facility for a term of imprisonment of not less than one year nor more than five years.
                     (f) With regard to subdivision (3), subsection (c) of this section, the gaming facility licensee shall post notice of this prohibition and the penalties of this section in a manner determined by the commission.
§29-25-26. Forfeiture of property.
                     (a) Anything of value, including all traceable proceeds including, but not limited to, real and personal property, moneys, negotiable instruments, securities and conveyances, is subject to forfeiture to the State of West Virginia if the item was used for any of the following:
                     (1) As a bribe intended to affect the outcome of an authorized game of chance West Virginia Lottery table game in a gaming facility; or
                     (2) In exchange for or to facilitate a violation of this article.
_____________________(b) The Legislature finds and declares that the seizure and sale of items under the provisions of this section is not contemplated to be a forfeiture as that term is used in Section five, Article XII of the Constitution of West Virginia and, to the extent that a seizure and sale may be found to be a forfeiture, the Legislature hereby finds and declares that the proceeds from a seizure and sale under this article are not part of net proceeds as it is contemplated by Section five, Article XII of the Constitution of West Virginia.
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(b) (c) Subsection (a) of this section does not apply if the act or omission which would give rise to the forfeiture was committed or omitted without knowledge or consent of the owner of the property to be forfeited.
§29-25-28. Specific provision for video lottery and slot machines games.
_____________________The commission is authorized to implement and operate slot machines and video lottery games at one gaming facility in this state in accordance with the provisions of this article and the applicable provisions of article twenty-two of this chapter. The provisions of said article apply to this article, except in the event of conflict or inconsistency between any of the provisions of this article and the provisions of article twenty-two of this chapter. In that event, the provisions of this article shall supersede any conflicting or inconsistent provisions contained in article twenty-two of this chapter.
§29-25-29. Video lottery terminal requirements; application for approval of a slot machine or _____video lottery terminal; testing of video lottery terminals; report of test results; _____modifications to previously approved models; conformity to prototype; seizure _____and destruction of terminals.
_____(a) Video lottery terminals registered with and approved by the commission for use at the gaming facility may offer video lottery games regulated, controlled, owned and operated by the commission in accordance with the provisions of this section and utilizing specific game rules.
_____(b) A manufacturer may not sell or lease a video lottery terminal for placement at the gaming facility unless the terminal has been approved by the commission. Only manufacturers with licenses may apply for approval of a video lottery terminal or associated equipment. The manufacturer shall submit two copies of terminal illustrations, schematics, block diagrams, circuit analysis, technical and operation manuals and any other information requested by the commission for the purpose of analyzing and testing the video lottery terminal or associated equipment.
_____(c) The commission may require that two working models of a video lottery terminal be transported to the location designated by the commission for testing, examination and analysis.
_____(1) The manufacturer shall pay all costs of testing, examination, analysis and transportation of such video lottery terminal models. The testing, examination and analysis of any video lottery terminal model may require dismantling of the terminal and some tests may result in damage or destruction to one or more electronic components of such terminal model. The commission may require that the manufacturer provide specialized equipment or pay for the services of an independent technical expert to test the terminal.
_____(2) The manufacturer shall pay the cost of transportation of two video lottery terminals to lottery headquarters. The commission shall conduct an acceptance test to determine terminal functions and central system compatibility. If the video lottery terminal fails the acceptance test conducted by the commission, the manufacturer shall make all modifications required by the commission.
_____(d) After each test has been completed, the commission shall provide the terminal manufacturer with a report containing findings, conclusions and pass/fail results. The report may contain recommendations for video lottery terminal modification to bring the terminal into compliance with the provisions of this article. Prior to approving a particular terminal model, the commission may require a trial period not to exceed sixty days for a licensed gaming facility to test the terminal. During the trial period, the manufacturer may not make any modifications to the terminal model unless modifications are approved by the commission.
_____(e) The video lottery terminal manufacturer and licensed gaming facility are jointly responsible for the assembly and installation of all video lottery terminals and associated equipment. The manufacturer and licensed gaming facility shall not change the assembly or operational functions of a terminal licensed for placement in West Virginia unless a request for modification of an existing video terminal prototype is approved by the commission. The request must contain a detailed description of the type of change, the reasons for the change and technical documentation of the change.
_____(f) Each video lottery terminal approved for placement at the gaming facility must conform to the exact specifications of the video lottery terminal prototype tested and approved by the commission. If any video lottery terminal or any video lottery terminal modification, which has not been approved by the commission, is supplied by a manufacturer and operated by the gaming facility, the commission shall seize and destroy all of that licensed gaming facility's and manufacturer's noncomplying video lottery terminals and shall suspend the license and permit of the licensed gaming facility and manufacturer.
§29-25-30. Video lottery terminal hardware and software requirements; hardware ________ specifications; software requirements for randomness testing; software __________ requirements for percentage payout; software requirements for ________continuation of video lottery game after malfunction; software _requirements for play transaction records.
_____(a) The commission may approve video lottery terminals and in doing so shall take into account advancements in computer technology, competition from nearby states and the preservation of jobs at the historic resort hotel. In approving video lottery terminals licensed for placement in this state the commission shall insure that the terminals meet the following hardware specifications:
_____(1) Electrical and mechanical parts and design principles may not subject a player to physical hazards or injury.
_____(2) A surge protector shall be installed on the electrical power supply line to each video lottery terminal. A battery or equivalent power back-up for the electronic meters shall be capable of maintaining accuracy of all accounting records and terminal status reports for a period of one hundred eighty days after power is disconnected from the terminal. The power back-up device shall be located within the locked logic board compartment of the video lottery terminal.
_____(3) An on/off switch which controls the electrical current used in the operation of the terminal shall be located in an accessible place within the interior of the video lottery terminal.
_____(4) The operation of each video lottery terminal may not be adversely affected by any static discharge or other electromagnetic interference.
_____(5) A bill acceptor or other means accurately and efficiently to establish credits shall be installed on each video lottery terminal. All acceptors must be approved by the commission prior to use on any video lottery terminal in this state.
_____(6) Access to the interior of video lottery terminal shall be controlled through a series of locks and seals.
_____(7) The main logic boards and all erasable programmable read-only memory chips ("EPROMS") are considered to be owned by the commission and shall be located in a separate locked and sealed area within the video lottery terminal.
_____(8) The cash compartment shall be located in a separate locked area within or attached to the video lottery terminal.
_____(9) No hardware switches, jumpers, wire posts or any other means of manipulation may be installed which alter the pay tables or payout percentages in the operation of a game. Hardware switches on a video lottery terminal to control the terminal's graphic routines, speed of play, sound and other purely cosmetic features may be approved by the commission.
_____(10) Each video lottery terminal shall contain a single printing mechanism capable of printing an original ticket and capturing and retaining an electronic copy of the ticket data as approved by the commission:
Provided, That the printing mechanism is optional on any video lottery terminal which is designed and equipped exclusively for coin or token payouts. The following information shall be recorded on the ticket when credits accrued on a video lottery terminal are redeemed for cash:
_____(i) The number of credits accrued;
_____(ii) Value of the credits in dollars and cents displayed in both numeric and written form;
_____(iii) Time of day and date;
_____(iv) Validation number; and
_____(v) Any other information required by the commission.
_____(11) A permanently installed and affixed identification plate shall appear on the exterior of each video lottery terminal and the following information shall be on the plate:
_____(i) Manufacturer of the video lottery terminal;
_____(ii) Serial number of the terminal; and
_____(iii) Model number of the terminal.
_____(12) The rules of play for each game shall be displayed on the video lottery terminal face or screen. The commission may reject any rules of play which are incomplete, confusing, misleading or inconsistent with game rules approved by the commission. For each video lottery game, there shall be a display detailing the credits awarded for the occurrence of each possible winning combination of numbers or symbols. All information required by this subdivision shall be displayed under glass or another transparent substance. No stickers or other removable devices may be placed on the video lottery terminal screen or face without the prior approval of the commission.
_____(13) Communication equipment and devices shall be installed to enable each video lottery terminal to communicate with the commission's central computer system by use of a communications protocol provided by the commission to each permitted manufacturer, which protocol shall include information retrieval and terminal activation and disable programs, and the commission may require each licensed racetrack to pay the cost of a central site computer as a part of the licensing requirement.
_____(14) All video lottery terminals shall have a security system which temporarily disables the gaming function of the terminal while opened.
_____(b) Each video lottery terminal shall have a random number generator to determine randomly the occurrence of each specific symbol or number used in video lottery games. A selection process is random if it meets the following statistical criteria:
_____(1)
Chi-square test. -- Each symbol or number shall satisfy the ninety-nine percent confidence limit using the standard chi-square statistical analysis of the difference between the expected result and the observed result.
_____(2)
Runs test. -- Each symbol or number may not produce a significant statistic with regard to producing patterns of occurrences. Each symbol or number is random if it meets the ninety-nine percent confidence level with regard to the "runs test" for the existence of recurring patterns within a set of data.
_____(3)
Correlation test. -- Each pair of symbols or numbers is random if it meets the ninety-nine percent confidence level using standard correlation analysis to determine whether each symbol or number is independently chosen without regard to another symbol or number within a single game play.
_____(4)
Serial correlation test. -- Each symbol or number is random if it meets the ninety-nine percent confidence level using standard serial correlation analysis to determine whether each symbol or number is independently chosen without reference to the same symbol or number in a previous game.
_____(c) Each video lottery terminal shall pay out no less than eighty percent and no more than ninety-nine percent of the amount wagered. The theoretical payout percentage will be determined using standard methods of probability theory.
_____(d) Each video lottery terminal shall be capable of continuing the current game with all current game features after a video lottery terminal malfunction is cleared. If a video lottery terminal is rendered totally inoperable during game play, the current wager and all credits appearing on the video lottery terminal screen prior to the malfunction shall be returned to the player.
_____(e) Each video lottery terminal shall at all times maintain electronic accounting regardless of whether the terminal is being supplied with electrical power. Each meter shall be capable of maintaining a total of no less than eight digits in length for each type of data required. The electronic meters shall record the following information:
_____(1) Number of coins inserted by players or the coin equivalent if a bill acceptor is being used or tokens are used;
_____(2) Number of credits wagered;
_____(3) Number of total credits, coins and tokens won;
_____(4) Number of credits paid out by a printed ticket;
_____(5) Number of coins or tokens won, if applicable;
_____(6) Number of times the logic area was accessed;
_____(7) Number of times the cash door was accessed;
_____(8) Number of credits wagered in the current game;
_____(9) Number of credits won in the last complete video lottery game; and
_____(10) Number of cumulative credits representing money inserted by a player and credits for video lottery games won, but not collected.
_____(f) No video lottery terminal may have any mechanism which allows the electronic accounting meters to clear automatically. Electronic accounting meters may not be cleared without the prior approval of the commission. Both before and after any electronic accounting meter is cleared, all meter readings shall be recorded in the presence of a commission employee.
_____(g) The primary responsibility for the control and regulation of any video lottery games and video lottery terminals operated pursuant to this article rests with the commission.
_____(h) The commission shall directly or through a contract with a third party vendor other than the video lottery licensee, maintain a central site system of monitoring the lottery terminals, utilizing an online or dial-up inquiry. The central site system shall be capable of monitoring the operation of each video lottery game or video lottery terminal operating pursuant to this article and, at the direction of the director, immediately disable and cause not to operate any video lottery game and video lottery terminal. As provided in this section, the commission may require the licensed racetrack to pay the cost of a central site computer as part of the licensing requirement.
§29-25-31. The specific video lottery duties required of the gaming facility.
_____The gaming facility licensee shall:
_____(a) Acquire video lottery terminals by purchase, lease or other assignment and provide a secure location for the placement, operation and play of the video lottery terminals;
_____(b) Pay for the installation and operation of commission approved telephone lines to provide direct dial-up or online communication between each video lottery terminal and the commission's central control computer;
_____(c) Permit no person to tamper with or interfere with the operation of any video lottery terminal;
_____(d) Ensure that any telephone lines from the commission's central control computer to the video lottery terminals located at the licensed gaming facility are at all times connected and prevent any person from tampering or interfering with the operation of the telephone lines;
_____(e) Ensure that video lottery terminals are within the sight and control of designated employees of the license gaming facility;
_____(f) Ensure that video lottery terminals are placed and remain placed in the specific locations within the gaming facility that have been approved by the commission. No video lottery terminal or terminals at the gaming facility shall be relocated without the prior approval of the commission;
_____(g) Monitor video lottery terminals to prevent access to or play by persons who are under the age of twenty-one years or who are visibly intoxicated;
_____(h) Maintain at all times sufficient change and cash in the denominations accepted by the video lottery terminals;
_____(i) Provide no access by a player to an automated teller machine (ATM) in the area of the gaming facility where video lottery games are played;
_____(j) Pay for all credits won upon presentment of a valid winning video lottery ticket;
_____(k) Report promptly to the manufacturer and the commission all video lottery terminal malfunctions and notify the commission of the failure of a manufacturer or service technician to provide prompt service and repair of such terminals and associated equipment;
_____(l) Install, post and display prominently at locations within or about the licensed gaming facility signs, redemption information and other promotional material as required by the commission; and
_____(m) Promptly notify the commission in writing of any breaks or tears to any logic unit seals.
§29-25-32. Surcharge; Capital Reinvestment Fund.
_____(a) For all fiscal years beginning on or after July 1, 2009, there shall be imposed a surcharge of ten percent against the share of gross terminal income retained by the gaming facility as provided by section twenty of this article.
_____(b) The Capital Reinvestment Fund is hereby created within the Lottery Fund. The surcharge amount attributable to the historic resort hotel shall be retained by the commission and deposited into a separate capital reinvestment account for the historic resort hotel. For each dollar expended by the historic resort hotel for capital improvements at the historic resort hotel, of any amenity associated with the historic resort hotel's destination resort facility operations, or at adjacent facilities owned by the historic resort hotel having a useful life of seven or more years and placed in service after April 1, 2009, the licensed gaming facility shall receive one dollar in recoupment from its Capital Reinvestment Fund account: If a historic resort hotel's unrecouped capital improvements exceed its Capital Reinvestment Fund account at the end of any fiscal year, the excess improvements may be carried forward to seven subsequent fiscal years.
_____(c) Any moneys remaining in the historic resort hotel's Capital Reinvestment Fund account at the end of any fiscal year shall be deposited in the Historic Resort Hotel Fund.
§29-25-33. License to be a provider of management services.
_____(a)
License. -- The commission may issue a license to a person providing management services under a management services contract to a gaming facility when the commission determines that the person meets the requirements of this section and any applicable legislative rules promulgated by the commission.
_____(b)
License qualifications. -- Each applicant who is an individual and each individual who controls an applicant, as provided in subsection (f), section two of this article, shall be of good moral character, honesty and integrity and shall have the necessary experience and financial ability to successfully carry out the functions of a management services provider. The commission may adopt rules establishing additional requirements for an authorized management services provider. The commission may accept licensing by another jurisdiction, specifically determined by the commission to have similar licensing requirements, as evidence the applicant meets authorized management services provider licensing requirements.
_____(c)
Management service provider specifications. -- An applicant for a license to provide management services to a gaming facility licensee shall demonstrate that the management services that the applicant plans to offer to the gaming facility licensee conform or will conform to standards established by legislative rules promulgated by the commission and applicable state law.
_____(d)
License application requirements. -- An applicant for a license to provide management services to a gaming facility licensee shall:
_____(1) Submit an application to the commission in the form required by the commission including adequate information to serve as a basis for a thorough background check;
_____(2) Submit fingerprints for a national criminal records check by the Criminal Identification Bureau of the West Virginia State Police and the Federal Bureau of Investigation. The fingerprints shall be furnished by all persons required to be named in the application and shall be accompanied by a signed authorization for the release of information by the Criminal Investigation Bureau and the Federal Bureau of Investigation. The commission may require any applicant seeking the renewal of a license or permit to furnish fingerprints for a national criminal records check by the Criminal Identification Bureau of the West Virginia State Police and the Federal Bureau of Investigation; and
_____(3) Pay to the commission a nonrefundable application fee for deposit into the Historic Resort Hotel Fund in the amount of $100 to be retained by the commission as reimbursement for the licensing process. This fee may be paid on behalf of the applicant by the employer.
_____(e)
Authorization. -- A license to provide management services to a gaming facility licensee authorizes the licensee to provide management service to a gaming facility while the license is active. The commission may by rule establish the conditions which constitute an emergency under which the commission may issue provisional licenses pending completion of final action on an application.
_____(f)
Fees, expiration date and renewal. -- A licensed provider of management services shall pay to the commission an annual license fee of $100 for an initial term beginning prior to the date of the provider's first contract with a gaming facility licensee and continuing through the end of the twelfth month thereafter whenever the licensee has paid the renewal fee and has continued to comply with all applicable statutory and rule requirements. The commission shall renew a license to provide management services to a gaming facility annually thereafter. A gaming facility licensee may continue to use the management services provided by the management services provider while that provider was licensed, notwithstanding the expiration of the provider's license, unless the commission finds the services provided are not conforming to standards established by rule of the commission and applicable state law.
§29-25-34. State ownership of West Virginia Lottery table games.
_____All West Virginia Lottery table games authorized by this article shall be West Virginia lottery games owned by the State of West Virginia. A gaming facility license granted to a historic resort hotel by the commission pursuant to this article shall include the transfer by the commission to the historic resort hotel limited license rights in and to the commission's intellectual property ownership of the West Virginia lottery games which includes granting licensees limited lawful authority relating to the conduct of lottery table games for consideration, within the terms and conditions established pursuant to this article and any rules promulgated under this article.
§29-25-35. Preemption.
_____No local law or rule providing any penalty, disability, restriction, regulation or prohibition for operating a historic resort hotel with
West Virginia Lottery table games or supplying a licensed gaming facility may be enacted and the provisions of this article preempt all regulations, rules, ordinances and laws of any county or municipality in conflict with this article.
§29-25-36. Exemption from federal law.
_____Pursuant to Section 2 of chapter 1194, 64 Stat. 1134, 15 U. S. C. §1172, approved January 2, 1951, the State of West Virginia, acting by and through duly elected and qualified members of the Legislature, does declare and proclaim that the state is exempt from chapter 1194, 64 Stat. 1134, 15 U. S. C. §1171 to §1178.
§29-25-37. Game rules of play; disputes.
_____(a) As an agent of the commission authorized to operate West Virginia Lottery table games, the gaming facility licensee shall have written rules of play for each West Virginia Lottery table game it operates that are approved by the commission before the West Virginia Lottery table game is offered to the public. Rules of play proposed by the gaming facility may be approved, amended or rejected by the commission.
_____(b) All West Virginia Lottery table games shall be conducted according to the specific rules of play approved by the commission. All wagers and pay-offs of winning wagers shall be made according to those rules of play, which shall establish any limitations necessary to assure the vitality of West Virginia Lottery table game operations.
_____(c) The gaming facility licensee shall make available in printed form to any patron, upon request of the patron, the complete texts of the rules of play of any West Virginia Lottery table games in operation at the gaming facility, pay-offs of winning wagers and any other advice to the player required by the commission.
_____(d) Patrons are considered to have agreed that the determination of whether the patron is a valid winner is subject to the game of play rules and, in the case of any dispute, will be determined by the commission. The determination by the commission shall be final and binding upon all patrons and shall not be subject to further review or appeal.
§29-25-38. Shipment of gambling devices.
_____All shipments of gambling devices, including video lottery machines, to the licensed gaming facility in this state, the registering, recording and labeling of which have been completed by the manufacturer or dealer thereof in accordance with Chapter 1194, 64 Stat. 1134, 15 U. S. C. §1171 to §1178, are legal shipments of gambling devices into the State of West Virginia.

                         Respectfully Submitted,
John Ellem,
Patrick Lane,

Minority Chair
Minority Vice Chair

Patti Schoen
Kelli Sobonya

John Overington
Bill Hamilton

Bob Schadler

Resolutions Introduced

     Delegates Reynolds, Argento, Azinger, Butcher, Craig, Crosier, Doyle, Eldridge, Evans, Hunt, Lawrence, Louisos, C. Miller, Morgan, Paxton, Phillips, Rodighiero, Rowan, Skaff, Smith, Sobonya, Stephens, Stowers and Tabb offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 76 - "Requesting the Joint Committee on Government and Finance to study the creation and implementation of a more timely and otherwise efficient method for removing obstructions in the form of animal carcasses, and any part thereof, from within the bounds of any state or county-district rights-of-way for road purposes."
     Whereas, The West Virginia Legislature had found, and defined pursuant to West Virginia Code §17-16-1, that animal carcasses and any part thereof found within the bounds of any state or county-district rights-of-way for road purposes, constituted a public nuisance; and
     Whereas, The West Virginia Legislature still adheres to the aforesaid definition of animal carcasses as public nuisances, and also believes the removal of those carcasses in a timely and otherwise more efficient manner helps facilitate the safety of motorists on all state or county-district rights-of-way for road purposes; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the issue of the creation and implementation of a more timely and otherwise efficient method for removing obstructions in the form of animal carcasses, and any part thereof, from within the bounds of any state or county-district rights-of-way for road purposes; and, be it
     Further Resolved, That the Joint Committee on Government and Finance seek input from appropriate state agencies and the creation and implementation of said method; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, 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.
     Delegate Caputo offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 77 - "Requesting the Joint Committee on Government and Finance to study compensating state troopers for off-duty time when required to be on standby to be called back to work."
     Whereas, There are areas of the state with limited staffs of law-enforcement officers to respond to emergencies. As a result, off-duty state troopers in these areas are restricted in their plans while off-duty because they are all too often called on and become responsible for answering the calls for these various emergencies; and
     Whereas, There should be a method of compensating these troopers for responding to emergency calls during their off-duty times; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study compensating state troopers for off-duty time when required to be on standby to be called back to work; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Delegates Anderson, Argento, Azinger, Barker, Beach, Blair, Border, Butcher, Campbell, Canterbury, Caputo, Cowles, Crosier, Doyle, Eldridge, Ellem, Ferro, Givens, Hall, Hunt, Hutchins,
Ireland, Klempa, Kominar, Longstreth, Louisos, Manchin, Marshall, Martin, Michael, Moore, Morgan, Overington, Paxton, Perdue, Pethtel, Phillips, D. Poling, M. Poling, Porter, Reynolds, Rodighiero, Romine, Rowan, Shook, Shott, Skaff, Smith, Stephens, Stowers, Susman, Swartzmiller,
Talbott, Webster, Wells and White offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 78 - "Requesting the Joint Committee on Government and Finance study the need to update the West Virginia Code to include a definition of vicious dog and the confinement of such dogs."
     Whereas, There currently are 74.8 million dogs in the United States of America; and
     Whereas, A survey by the National Center for Disease Control and Prevention in Atlanta concluded that dogs bit nearly two percent of the United States population - more than 4.7 million people annually. Almost 800,000 bites per year, one out of every six, are serious enough to require medical attention; and
     Whereas, The Center for Disease Control and Prevention estimates half of all children twelve years of age and under have been bitten by a dog. According to the American Medical Association, dog bites are the second leading cause of childhood injury, surpassing playground accidents; and
     Whereas, The median age of patients bitten was fifteen years, with children, especially boys aged five to nine years, having the highest incident rate; and
     Whereas, Approximately twenty people die every year as a result of a dog attack in the United States. By far, the majority of the victims are children; and
     Whereas, The Center for Disease Control reported that twenty-five breeds of dogs were involved in two hundred thirty-eight fatal dog bites from 1979-1998. More than fifty percent of the deaths for which the breed was known were caused by Pit Bull type dogs and Rottweilers; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the need to update the West Virginia Code to include a definition of vicious dog and the confinement of such dogs; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2010, on its findings, conclusions and recommendation, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Delegates Skaff, Argento, Azinger, Beach, Border, Brown, Butcher, Cann, Cowles, Craig, Crosier, Duke, Eldridge, Ennis, Evans, Ferro, Fleischauer, Frazier, Givens, Guthrie, Hall, Hamilton, Hatfield, Hunt, Iaquinta, Klempa, Kominar, Lawrence, Louisos, Mahan, Manchin, Marshall, Michael, Morgan, Moye, Pethtel, D. Poling, Porter, Reynolds, Rodighiero, Ross, Schadler, Schoen, Shott, Smith, Spencer, Stephens, Stowers, Sumner, Tabb, Varner, Walters and Wells offered the following resolution, which was read by the Clerk as follows:
     H. C. R. 79 - "Proclaiming April, 2009, to be the Month of the Military Child."
     Whereas, Thousands of brave Americans in active duty posts in Afghanistan, Iraq and around the world have demonstrated their courage and commitment to freedom by serving in the Armed Forces of the United States of America; and
     Whereas, More than seven thousand one hundred of West Virginia's children have been directly affected by America's commitment to freedom; and
     Whereas, These children are a source of pride and honor to all West Virginians; and
     Whereas, It is fair and fitting that we take time to recognize their contributions, acknowledge their sacrifices and celebrate their spirit; and
     Whereas, Our men and women in uniform need to know that while they are taking care of us, we are caring for their children; and
     Whereas, The recognition of a Month of the Military Child will allow us to pay tribute to military children for their commitment, their struggles and their unconditional support of our troops; and
     Whereas, A month-long salute to military children will encourage local community support to provide direct support to military children and families; therefore, be it
     Resolved by the Legislature of West Virginia:
     That April, 2009, to be the Month of the Military Child; and, be it
     Further Resolved, That the Legislature urges all schools and youth organizations to participate in this month long recognition of the vital role played by children who have one or both parents serving in the United States military; and, be it
     Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the State Superintendent of Schools, the Boy Scouts of America, the Girl Scouts of America, The West Virginia University 4-H Council and Richard F. Switzer, West Virginia Operation: Military Kids.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. C. R. 79) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Special Calendar

Third Reading

     Com. Sub. for S. B. 153, Authorizing Department of Environmental Protection promulgate legislative rules; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 265), and there were--yeas 94, nays 6, absent and not voting none, with the nays being as follows:
     Nays: Andes, Ashley, Lane, Louisos, McGeehan and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 153) passed.
     Delegate Boggs moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 266), and there were--yeas 98, nays 2, absent and not voting none, with the nays being as follows:
     Nays: Louisos and McGeehan.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 153) takes effect from its passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Com. Sub. for S. B. 261, Mandating party executive committees submit certain nominees 70 days before election; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 267), and there were--yeas 100, nays none, absent and not voting none.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 261) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     Com. Sub. for S. B. 370, Relating to community corrections program fees; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 268), and there were--yeas 100, nays none, absent and not voting none.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 370) passed.
     On motion of Delegate Webster, the title of the bill was amended to read as follows:
     Com. Sub. for S. B. 370 - "A Bill to amend and reenact §62-11C-4 and §62-11C-7 of the Code of West Virginia, 1931, as amended, all relating to community corrections fees generally; clarifying that circuit clerks, magistrate clerks, municipal court clerks or his or her designee are all authorized to collect certain fees imposed pursuant to this article; and permitting only a community criminal justice board to have the authority to collect supervision or participation fees ordered by circuit courts, magistrate courts, municipal courts or the community criminal justice board."
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Com. Sub. for S. B. 405, Relating to grandparents' visitation; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 269), and there were--yeas 100, nays none, absent and not voting none.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 405) passed.
     An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
     Com. Sub. for S. B. 405 - "A Bill to amend and reenact §48-10-401 and §48-10-402 of the code of West Virginia, 1931, as amended, relating to circuit and family court jurisdiction over petitions for grandparent visitation; and establishing exclusive family court jurisdiction over such petitions or motions except when the child or children with whom visitation is sought are the subject or subjects of a pending abuse or neglect petition in the circuit court."
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     S. B. 431, Providing in-state medical providers notice of small group health benefit plan; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 270), and there were--yeas 100, nays none, absent and not voting none.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 431) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     Com. Sub. for S. B. 489, Allowing Board of Banking and Financial Institutions receive travel expense compensation; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 271), and there were--yeas 100, nays none, absent and not voting none.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 489) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     Com. Sub. for S. B. 612, Relating to willful nonpayment of child support; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 272), and there were--yeas 100, nays none, absent and not voting none.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 612) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     S. B. 719, Allowing certain police officers keep weapon after retirement; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 273), and there were--yeas 98, nays 2, absent and not voting none, with the nays being as follows:
     Nays: Guthrie and Wells.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 719) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     S. B. 760, Authorizing Supreme Court to develop pilot pre-trial release programs; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 274), and there were--yeas 95, nays 5, absent and not voting none, with the nays being as follows:
     Nays: Armstead, Blair, Cowles, J. Miller and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 760) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Second Reading

     S. B. 12, Allowing 2-year motorcycle registration period; on second reading, coming up in regular order, was read a second time.
     On motion of Delegate White, the bill was amended on page eight, section three, line fifty- seven, by striking out the numeral "$70.50" and inserting in lieu thereof the numeral "$17.50 ".
     The bill was then ordered to third reading.
     S. B. 424, Converting financial institution to state-chartered bank; on second reading, coming up in regular order, was read a second time and ordered to third reading.
     S. B. 476, Relating to "financial institution" definition; on second reading, coming up in regular order, was read a second time and ordered to third reading.
     S. B. 490, Authorizing Mercer County Commission appoint emergency operations center board; on second reading, coming up in regular order, was read a second time and ordered to third reading.
     S. B. 493, Transferring central registry for head injuries to Center for Excellence in Disabilities; on second reading, coming up in regular order, was read a second time and ordered to third reading.
     S. B. 503, Defining "sound financial condition"; on second reading, coming up in regular order, was read a second time and ordered to third reading.
     Com. Sub. for S. B. 532, Creating WV SAFE Mortgage Licensing Act; on second reading, coming up in regular order, was read a second time.
     On motion of Delegate Moore, the bill was amended on page five, section one, after the article heading, by striking out section one in its entirety and inserting in lieu the following:
"§31-17-1. Definitions and general provisions.
     As used in this article:
     (7) (a) 'Additional charges' means every type of charge arising out of the making or acceptance of a primary or subordinate mortgage loan, except finance charges, including, but not limited to, official fees and taxes, reasonable closing costs and certain documentary charges and insurance premiums and other charges which definition is to be read in conjunction with and permitted by section one hundred nine, article three, chapter forty-six-a of this code;
     (13) (b) 'Affiliated' means persons under the same ownership or management control. As to corporations, limited liability companies or partnerships, where common owners manage or control a majority of the stock, membership interests or general partnership interests of one or more such corporations, limited liability companies or partnerships, those persons are considered affiliated. In addition, persons under the ownership or management control of the members of an immediate family shall be considered affiliated. For purposes of this section, 'immediate family' means mother, stepmother, father, stepfather, sister, stepsister, brother, stepbrother, spouse, child and grandchildren;
     (12) (c) 'Amount financed' means the total of the following items to the extent that payment is deferred:
     (a)(1) The cash price of the goods, services or interest in land, less the amount of any down payment, whether made in cash or in property traded in;
     (b) (2) The amount actually paid or to be paid by the seller pursuant to an agreement with the buyer to discharge a security interest in or a lien on property traded in; and
     (c) (3) If not included in the cash price:
     (i) (A) Any applicable sales, use, privilege, excise or documentary stamp taxes;
     (ii) (B) Amounts actually paid or to be paid by the seller for registration, certificate of title or license fees; and
     (iii)(C) Additional charges permitted by this article;
     (10) (d) 'Applicant' means a person who has applied for a lender's, or broker's or loan originator's lender or broker license;
     (5) (e) 'Broker' means any person acting in the regular course of business who, for a fee or commission or other consideration, negotiates or arranges, or who offers to negotiate or arrange, or originates, processes or assigns a primary or subordinate mortgage loan between a lender and a borrower. A person is considered to be acting in the regular course of business if he or she negotiates or arranges, or offers to negotiate or arrange, or originates, processes or assigns any primary or subordinate mortgage loans in any one calendar year; or if he or she seeks to charge a borrower or receive from a borrower money or other valuable consideration in any primary or subordinate mortgage transaction before completing performance of all broker services that he or she has agreed to perform for the borrower;
     (6) (f) 'Brokerage fee' means the fee or commission or other consideration charged by a broker or loan originator for the services described in subdivision (5)(e) of this section;
     (9) (g) 'Commissioner' means the Commissioner of Banking of this state;
     (8) (h) 'Finance charge' means the sum of all interest and similar charges payable directly or indirectly by the debtor imposed or collected by the lender incident to the extension of credit as coextensive with the definition of 'loan finance charge' set forth in section one hundred two, article one, chapter forty-six-a of this code;
     (4) (i) 'Lender' means any person who makes or offers to make or accepts or offers to accept or purchases or services any primary or subordinate mortgage loan in the regular course of business. A person is considered to be acting in the regular course of business if he or she makes or accepts, or offers to make or accept, more than five any primary or subordinate mortgage loans in any one calendar year;
     (11) (j) 'Licensee' means any person duly licensed by the commissioner under the provisions of this article or article seventeen-a of this chapter as a lender, broker or mortgage loan originator;
     (15) (k) 'Loan originator' means an individual who, on behalf of a licensed mortgage broker, under the direct supervision and control of a licensee who is engaged in brokering activity, and in exchange for compensation by that broker, performs any of the services described in subsection (5) of this section 'Nationwide Mortgage Licensing System and Registry' means a mortgage licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the licensing and registration of licensed mortgage brokers and lenders licensed under this article and mortgage loan originators licensed under article seventeen-a of this chapter;
_____
(3) (l) 'Person' means an individual, partnership, association, trust, corporation or any other legal entity, or any combination thereof;
     (1)(m) 'Primary mortgage loan' means a consumer loan made to an individual which is secured, in whole or in part, by a primary mortgage or deed of trust upon any interest in real property used as an owner-occupied residential dwelling with accommodations for not more than four families; any loan primarily for personal, family or household use that is secured by a mortgage, deed of trust or other equivalent consensual security interest on a dwelling as defined in Section 103(v) of the Truth in Lending Act or residential real estate upon which is constructed or intended to be constructed a dwelling;
_____
(14) (n) 'Servicing' or 'servicing a residential mortgage loan' means through any medium or mode of communication the collection or remittance for, or the right or obligation to collect or remit for another lender, note owner or noteholder, payments of principal, interest, including sales finance charges in a consumer credit sale, and escrow items as insurance and taxes for property subject to a residential mortgage loan; and
     (2) (o) 'Subordinate mortgage loan' means a consumer loan made to an individual which is secured, in whole or in part, by a mortgage or deed of trust upon any interest in real property used as an owner-occupied residential dwelling with accommodations for not more than four families, which property any loan primarily for personal, family or household use that is secured by a mortgage, deed of trust or other equivalent consensual security interest on a dwelling as defined in Section 103(v) of the Truth in Lending Act or residential real estate upon which is constructed or intended to be constructed a dwelling and is subject to the lien of one or more prior recorded mortgages or deeds of trust;."
     On motion of Delegate Moore, the bill was then amended on page twenty-two, section four, line one hundred and fifteen, after the word "million", by striking out "$100,000" and inserting in lieu thereof "$75,000 ".
     And,
     On page twenty-two, section four, line one hundred and seventeen, by striking out "$150,000" and inserting in lieu thereof "$100,000 ".  
     The bill was then ordered to third reading.
     S. B. 595, Relating to assignment of child support obligations; on second reading, coming up in regular order, was read a second time.
     An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 3. APPLICATION FOR AND GRANTING OF ASSISTANCE.
§9-3-4. Assignment of support obligations.

     Any recipient of financial assistance under the program of state and federal assistance established by Title IV of the federal Social Security Act of 1965, as amended, or any successor act thereto, shall, as a condition of receiving such assistance funded under this part, assign to the Department of Health and Human Resources all rights, title and interest any right the family member may have (on behalf of the family member or of any other person for whom the family member has applied for or is receiving such assistance) to the receipt of support and maintenance moneys from any other person, not exceeding the total amount of assistance provided so paid to the family, which accrue (or have accrued) before the date the family ceases to receive accrues during the period that the family receives assistance under the program. The assignment, on and after the date the family ceases to receive assistance under the program, does not apply with respect to any support (other than support collected pursuant to 42 U.S.C. §664) which accrued before the family received such assistance and which the state has not collected by the date the family ceases to receive assistance under the program.
     
Persons responsible for support and maintenance shall include all persons who under the laws of the state of West Virginia owe obligations of support or maintenance to a child or to the caretaker of a child. The assignment contemplated herein shall include all amounts of support and maintenance which accrued to the recipient of assistance and was not received prior to the recipient's receipt of assistance, and all amounts of support and maintenance which accrue during recipient's receipt of assistance: Provided, That subject to applicable federal and state laws, the assignment may not exceed the total amount of assistance provided to the family.
     Each applicant for assistance subject to the assignment established herein in this section shall (during the application process) be informed in writing of the nature of the assignment.
     Any payment of federal and state assistance made to or for the benefit of any child or children or the caretaker of a child or children creates a debt due and owing to the Department of Health and Human Resources by the person or persons responsible for the support and maintenance of such the child, children or caretaker in an amount equal to the amount of assistance money paid: Provided, That the debt shall be is limited by the amount established in any court order or final decree of divorce if the amount in such the order or decree is less than the amount of assistance paid.
     The assignment hereunder under this section shall subrogate the Department of Health and Human Resources to the rights of the child, children or caretaker to the prosecution or maintenance of any action or procedure existing under law providing a remedy whereby the Department of Health and Human Resources may be reimbursed for moneys expended on behalf of the child, children or caretaker. The Department of Health and Human Resources shall further be subrogated to the debt created by any order or decree awarding support and maintenance to or for the benefit of any child, children or caretaker included within the assignment hereunder under this section and shall be empowered to receive such money judgments and endorse any check, draft, note or other negotiable document in payment thereof.
     The assignment created hereunder under this section shall be released upon closure of the assistance case and the termination of assistance payments except for such support and maintenance obligations accrued and owing at the time of closure which shall be are necessary to reimburse the department for any balance of assistance payments made.
     The Department of Health and Human Resources may, at the election of the recipient, continue to receive support and maintenance moneys on behalf of the recipient following closure of the assistance case and shall distribute such the moneys to the caretaker, child or children. The department of health and human resources shall notify in writing all appropriate persons of the terms of the release of assignment hereunder."
     The bill was then ordered to third reading.
     S. B. 632, Requiring insurers share certain information with Bureau for Medical Services; on second reading, coming up in regular order, was read a second time and ordered to third reading.
     S. B. 669, Extending Preventative Care Pilot Program; on second reading, coming up in regular order, was read a second time.
     An amendment, recommended by the Committee on Health and Human Resources, was reported by the Clerk and adopted, amending the bill on page two, section three, line ten, following the number "2011", by striking out the remainder of the sentence and inserting a period.
  On page four, section seven, line twenty, following the word "months", by striking out the period and inserting in lieu thereof a semi-colon, and the following subdivision to read as follows:
  "(iv) Notwithstanding the provisions of (i),(ii) or (iii) of this subsection, a participating provider may offer a plan to an individual if the individual is covered by a high deductible health benefit plan or policy, and a participating provider may offer a plan to an employer group if the employer group is covered by a high deductible health benefit plan or policy. The participating provider shall give the perspective individual or employer a notice that indicates that the payment for the prepaid services may not count towards a health benefit plan deductible and that credit towards the deductible will depend on the health benefit policy or certificate language. The Insurance Commissioner shall approve the form of the notice to be used by the provider. For the purpose of this section, 'high deductible health benefit plan' means a health benefit plan with a minimum individual annual deductible of $3,000 or, if applicable, a family annual deductible of $3,000. Any employer who has converted its health benefit plan from a low deductible plan to a high deductible health benefits plan may not purchase a plan from a participating provider for six months from the date of conversion. Any individual who has converted his or her health benefit policy from a low deductible health policy to a high deductible plan may not purchase a plan from a participating provider for three months from date of conversion."
  On page five, subsection (3), by striking out subsection (3) in its entirety and inserting in lieu thereof a new subsection (3) to read as follows:
  "On or before July 1, 2009, the Health Care Authority and the Insurance Commissioner shall propose a rule for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to permit participation by a subscriber or employer with a comprehensive high deductible plan if the subscriber or employer is able to demonstrate that the participation will not negatively impact the coverage that is currently offered or will be offered by the employer. The rule shall provide for notice to the subscriber or employer that the payment for the prepaid services may or may not count towards the health insurance deductible, the determination of which will depend on the health insurance policy language."
The bill was then ordered to third reading.

  Com. Sub. for S. B. 672, Creating Mental Health Stabilization Act of 2009; on second reading, coming up in regular order, was read a second time and ordered to third reading.
  S. B. 764, Providing race election results certification procedure; on second reading, coming up in regular order, was read a second time and ordered to third reading.
  S. B. 770, Relating to Regional Jail and Correctional Facility Authority Fund excess funds; on second reading, coming up in regular order, was read a second time and ordered to third reading.
First Reading

  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 S. B. 172, Authorizing Department of Administration promulgate legislative rules,
  Com. Sub. for S. B. 195, Authorizing Department of Health and Human Resources promulgate legislative rules,
  Com. Sub. for S. B. 239, Allowing majority vote for certain metro government approval,
  Com. Sub. for S. B. 243, Relating to issuing general obligation bonds,
  Com. Sub. for S. B. 244, Relating to public employees' reemployment after retirement,
  S. B. 262, Removing prohibition against using county's General Revenue Fund for historic preservation,
  S. B. 335, Authorizing Division of Culture and History distribute fairs and festivals' funding,
  S. B. 338, Creating additional seventeenth judicial circuit court judge,
  Com. Sub. for S. B. 382, Adjusting State Rail Authority's contract authority,
  Com. Sub. for S. B. 404, Creating sesquicentennial commission and fund,
  Com. Sub. for S. B. 408, Relating to model health plan for uninsurable individuals,
  Com. Sub. for S. B. 418, Relating to municipalities' fee requirements,
  S. B. 434, Relating to long-term care policy insurance agents,
  S. B. 464, Authorizing Public Employees Insurance Agency charge fee for paper transactions,
  Com. Sub. for S. B. 501, Prohibiting animal gas chamber euthanasia,
  S. B. 521, Including telecommunications devices as jail contraband,
  S. B. 528, Depositing certain fees in counties' general funds,
  S. B. 594, Requiring monthly fund installments to Courtesy Patrol,
  Com. Sub. for S. B. 600, Relating to coal reclamation tax,
  S. B. 610, Relating to Film Industry Investment Act,
  S. B. 636, Finding and declaring certain claims against state,
  Com. Sub. for S. B. 687, Relating to Comprehensive Behavioral Health Commission,
  Com. Sub. for S. B. 695, Relating to payment for certain state employees' unused sick leave,
  And,
  S. B. 761, Relating to illegal entries upon certain property.
  At 11:49 a.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.
* * * * * * *

Evening Session

* * * * * * *

  At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports

  Chairman Poling, from the Committee on Education, submitted the following report, which was received:
  Your Committee on Education has had under consideration:
  Com. Sub. for S. B. 333, Basing school nurse ratio on total net enrollment,        
  And,
  Com. Sub. for S. B. 498, Relating to early childhood education,
  And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on Finance.
  In accordance with the former direction of the Speaker, the bills (Com. Sub. for S. B. 333 and Com. Sub. for S. B. 498) were each referred to the Committee on Finance.
  Chairman Perry, from the Committee on Banking and Insurance, submitted the following report, which was received:
  Your Committee on Banking and Insurance has had under consideration:
  Com. Sub. for S. B. 552, Relating to affordable health insurance plan proposals,
  And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
  In the absence of objection, reference of the bill (Com. Sub. for S. B. 552) to the Committee on the Judiciary was abrogated.
  Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
  Your Committee on Government Organization has had under consideration:
  S. B. 698, Authorizing certain regional water and wastewater authorities provide joint maintenance to participating agencies,
  And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
  In accordance with the former direction of the Speaker, the bill (S. B. 698) was referred to the Committee on Finance.
  Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
  Your Committee on Government Organization has had under consideration:
  S. B. 481, Requiring employers provide certain documentation to Public Employees Insurance Agency,
  And reports the same back, with amendment, with the recommendation that it do pass, as amended.
  Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
  Your Committee on Government Organization has had under consideration:
  Com. Sub. for S. B. 694, Creating intrastate mutual aid system,
  And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
  In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 694) was referred to the Committee on the Judiciary.
  On motions for leave, a resolution was introduced (Originating in the Committee on Government Organization and reported with the recommendation that it do be adopted), which was read by its title, as follows:
Delegates Morgan, Stephens, Argento, Butcher, Cann, Hartman, Hatfield, Manypenny, Martin, D. Poling, Ross, Skaff, Staggers, Swartzmiller, Talbott, Azinger, McGeehan, C. Miller, J. Miller and Porter:

  
H. C. R. 86 - "Requesting that the Joint Committee on Government and Finance study the safety, conservation, and preservation of all statewide trails throughout West Virginia."
  Whereas, A wide variety of West Virginia's outdoor recreational activities utilize trails throughout the state; and
  Whereas, There are over 110 existing and proposed trails in West Virginia; and
  Whereas, Tourism provides a significant economic benefit to West Virginia; and
  Whereas, The state's utilization of outdoor trails by both residents and nonresidents contribute to the successful economy of the state; and
  Whereas, Safety, conservation and preservation of all statewide trails is of extreme importance to all West Virginia citizens; therefore, be it
  Resolved by the Legislature of West Virginia:
  That the Joint Committee on Government and Finance is hereby requested to authorize a study concerning the safety, conservation, and preservation of all statewide trails throughout West Virginia; and, be it
  Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
  Further Resolved, That the Legislative 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.
  In the absence of objection, the Speaker referred the resolution to the Committee on Rules.
  Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
  Your Committee on the Judiciary has had under consideration:
  S. B. 494, Authorizing Insurance Commissioner order restitution in certain cases,
  S. B. 507, Relating to Clean Coal Technology Council's powers and duties,
  And,
  Com. Sub. for S. B. 641, Disclosing solid waste origins at commercial landfills,
  And reports the same back with the recommendation that they each do pass.
  Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
  Your Committee on the Judiciary has had under consideration:
  Com. Sub. for S. B. 256, Providing additional requirements for certain property annexation,
  Com. Sub. for S. B. 326, Mandating certain dental anesthesia insurance coverage,
  And,
  S. B. 347, Correcting code reference related to extended supervision for certain sex offenders,
  And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
  Chairman Poling, from the Committee on Education, submitted the following report, which was received:
  Your Committee on Education has had under consideration:
  Com. Sub. for S. B. 373, Relating to PROMISE Scholarship,
  And,
  Com. Sub. for S. B. 638, Relating to higher education capital facilities,
  And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on Finance.
  In accordance with the former direction of the Speaker, the bills (Com. Sub. for S. B. 373 and Com. Sub. for S. B. 638) were each referred to the Committee on Finance.
Messages from the Senate

  A message from the Senate, by
  The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:
  Com. Sub. for H. B. 2225, Authorizing the Department of Education and the Arts to Promulgate Legislative Rules.
  A message from the Senate, by
  The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
  Com. Sub. for H. B. 2305, Revising appointment and compensation provisions of the Supreme Court Clerk and his or her staff.
  A message from the Senate, by
  The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
  H. B. 2474, Exempting land-based finfish aquaculture facilities from certain sludge management requirements.
  A message from the Senate, by
  The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
  H. B. 2652, Repealing the Tree Fruit Industry Self-Improvement Act of 1984.
  A message from the Senate, by
  The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
  Com. Sub. for H. B. 2702, Relating to the Deputy Sheriff Retirement System Act.
  A message from the Senate, by
  The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
  Com. Sub. for H. B. 2703, Relating to the State Teachers Retirement System.
  A message from the Senate, by
  The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
  H. B. 3066, Clarifying the supervision requirements for elevator apprentices under elevator safety.
  A message from the Senate, by
  The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
  Com. Sub. for H. B. 3076, Relating to the regulation and operation of cranes.
  A message from the Senate, by
  The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
  H. B. 3189, Adding members to the Capitol Building Commission.
  A message from the Senate, by
  The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
  H. C. R. 27, The "Eugene Collins Memorial Bridge".
  A message from the Senate, by
  The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
  H. C. R. 38, The "Bob W. Bellomy Memorial Bridge".
  A message from the Senate, by
  The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
  Com. Sub. for S. B. 284, Relating to Viatical Settlements Act.
  A message from the Senate, by
  The Clerk of the Senate, announced that the Senate had refused to concur in the amendment of the House of Delegates and requested the House to recede from its amendment to
  S. B. 445, Removing conservation supervisors' election certification requirements..
  On motion of Delegate Boggs, the House of Delegates refused to recede from its amendment and requested the Senate to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.
  Whereupon,
  The Speaker appointed as conferees on the part of the House of Delegates the following:
  Delegates Shook, Tabb and Hamilton.
  Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
  A message from the Senate, by
  The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
  S. B. 473, Clarifying civil service job posting provisions.
  A message from the Senate, by
  The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
  Com. Sub. for S. B. 526, Relating to osteopathy post-doctoral training requirements.
  A message from the Senate, by
  The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

  S. C. R. 4 - "Requesting the Joint Committee on Government and Finance study how West Virginia can be positioned as a national leader in research, innovation and commercialization of gray energy and energy efficiency technologies, products and processes."
  Whereas, Recently elected and appointed federal leaders have determined that a major policy initiative of the new administration is to determine how to increase the nation's energy efficiency, reduce carbon emissions into the environment and create new jobs and businesses related to these efforts; and
  Whereas, Research has demonstrated that the use of certain "gray energy technologies and processes", including energy efficiency measures, energy recycling, biomass, cofiring and cogasification of biomass-based fuels with fossil fuels and wood pellets, are cost effective methods of reducing carbon emissions; and
  Whereas, Energy efficiency research, development, demonstration, deployment and commercialization can contribute to strengthening West Virginia's energy security, environmental quality and economic vitality; and
  Whereas, Federal stimulus legislation proposed in the United States House of Representatives currently contains programs intended to appropriate approximately $3.5 billion of federal funds to be used to encourage research, development and implementation of gray energy technologies and energy efficiency measures as cost effective methods to reduce carbon output; and
  Whereas, West Virginia desires to better position itself as a leader in gray energy technologies and energy efficiency infrastructure in order to preserve and expand its energy and manufacturing sectors, encourage new investment and maximize the amount of federal funds appropriated to West Virginia for such purposes; and
  Whereas, West Virginia desires to attract and seed in the state innovative gray energy technologies and businesses that reduce carbon emissions, manufacture gray energy and energy efficiency products or provide other energy efficiency services, such as assessments and performance contracts; and
  Whereas, West Virginia has competitive advantages and a head start in implementing gray energy technologies due to the presence in the State of Recycled Energy Development Inc.'s waste heat recovery/power generation project at the West Virginia Alloys plant in Alloy, West Virginia; and
  Whereas, A thorough study is necessary to determine how to position West Virginia as a national leader in research, innovation and commercialization of gray energy technologies, products and processes; therefore, be it
  Resolved by the Legislature of West Virginia:
  That the Joint Committee on Government and Finance is hereby requested to study how West Virginia can be positioned as a national leader in research, innovation and commercialization of gray energy and energy efficiency technologies, products and processes; and, be it
  Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, 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.
  A message from the Senate, by
  The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
  S. C. R. 5 - "Requesting the Joint Committee on Government and Finance study deer/vehicle collisions (DVC) in West Virginia and establish public-private partnerships between the state and insurance companies to address and reduce DVC and to fund DVC countermeasures."
  Whereas, DVC across the United States, including West Virginia, are a significant and increasing safety problem; and
  Whereas, Nationwide, an estimated 1.5 million DVC occur annually, resulting in $1 billion to $2 billion in economic losses (e.g., insurance claims, property damage, time off work, etc.), 29,000 personal injuries and more than 200 human fatalities; and
  Whereas, In West Virginia, the number of white-tailed deer reportedly killed by vehicles annually has risen substantially from just over 2,000 in 1978 to just over 19,000 in the year 2007; and
  Whereas, The DVC problem and its potential countermeasures are complex, interdisciplinary issues with significant transportation safety implication; and
  Whereas, Numerous methods have been used to minimize DVC, including in-vehicle technologies, deer whistles, roadway lighting, speed limit reductions, deicing salt alternatives, deer- flagging models, intercept feeding, passive deer crossing signs, dynamic deer crossing signs and sensors, roadside reflectors and mirrors, deer repellants, deer herd reduction, public information and education, roadside vegetation management, exclusionary fencing, wildlife crossings and roadway maintenance, design and planning policies; and
  Whereas, The efficacy of many of these DVC countermeasures has proven to be ineffective. However, some of these measures show promise and should be more fully evaluated using science- based research methodologies; and
  Whereas, The complexity and interdisciplinary nature of the DVC problem and its countermeasures require adequate research, funding, development of effective partnerships and appropriate exchange of information and technology; therefore, be it
  Resolved by the Legislature of West Virginia:

  That the Joint Committee on Government and Finance is hereby requested to study deer/vehicle collisions (DVC) in West Virginia and establish public-private partnerships between the state and insurance companies to address and reduce DVC and to fund DVC countermeasures; and, be it
  Further Resolved, That representatives from Rahall Appalachian Transportation Institute at Marshall University, Division of Forestry and Natural Resources at West Virginia University, West Virginia Office of the Insurance Commissioner, West Virginia Department of Transportation and West Virginia Division of Natural resources and insurance companies from the state be appointed to serve on a committee charged with investigating the wide range of issues, concerns and contributing factors associated with DVC in West Virginia; and, be it
  Further Resolved, That the committee prepare recommendations designed to effectively reduce DVC and fund DVC countermeasures in West Virginia; and, be it
  Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, 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.
  A message from the Senate, by
  The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
  S. C. R. 21 - "Requesting the Joint Committee on Government and Finance study the feasibility of reclassifying counties based upon governmental functions and activities."
  Whereas, Because of the diversity of the various counties in West Virginia, such as border counties, land-use planning, size and population of the county, industry and natural resources, geographical location and local interests and problems, there should be a system of reclassifying the counties; and
  Whereas, All of the counties of the state are basically treated the same by law in the code as to authority or power to act and a reclassification of counties by statue would produce a system allowing certain counties to deal with their internal problems that do not affect the other counties of the state; and
  Whereas, Such a reclassification would in all likelihood result in savings to the counties and the State of 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 feasibility of reclassifying counties based upon governmental functions and activities; and, be it
  Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, 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.
  A message from the Senate, by
  The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
  S. C. R. 24 - "Requesting the Joint Committee on Government and Finance study the various benefits and burdens of implementing a year-round, 200-day school year for our state public education system from prekindergarten through twelfth grade."
  Whereas, Proponents of implementing a year-round, 200-day school year for our state public education system from prekindergarten through twelfth grade believe the implementation would result in a higher quality of education in various respects being provided to all West Virginia public school students; and
  Whereas, Proponents and detractors of a year-round, 200-day school year acknowledge there may be issues regarding the current inventory of all facilities within the West Virginia public school system that would be used to educate the West Virginia public school students; and
  Whereas, The proponents and detractors acknowledge there also may be concerns regarding proper compensation for all individuals employed by the public school system within West Virginia if the year-round, 200-day school year is implemented; therefore, be it
  Resolved by the Legislature of West Virginia:
  That the Joint Committee on Government and Finance is hereby requested to study the various benefits and burdens of implementing a year-round, 200-day school year for our state public education system from prekindergarten through twelfth grade; and, be it
  Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, 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.
  A message from the Senate, by
  The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
  S. C. R. 31 - "Requesting the Joint Committee on Government and Finance study the best possible uses of areas mined using the mountaintop removal method of mining."
  Whereas, There have been many acres of land throughout West Virginia mined using the mountaintop removal method of mining; and
  Whereas, Careful thought should be given to the best possible use of these areas, including the type of buildings that can be built on these areas and the type of vegetation that can be grown on these areas that will have the biggest economic impact; therefore, be it
  Resolved by the Legislature of West Virginia:

  That the Joint Committee on Government and Finance is hereby requested to study the best possible uses of areas mined using the mountaintop removal method of mining; and, be it
  Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, 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.
  A message from the Senate, by
  The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
  S. C. R. 36 - "Requesting the Joint Committee on Government and Finance create a joint interim committee to study various higher education personnel administration and flexibility issues."
  Whereas, The Legislature directed the staff of the Higher Education Policy Commission and the Council for Community and Technical College Education in Enrolled Committee Substitute for Senate Bill No. 603, passed during the regular session of the West Virginia Legislature, 2005, to conduct a three-year study of various issues related to higher education personnel administration and compensation and to make recommendations for changes in law, rule and practice to the Legislative Oversight Commission on Education Accountability; and
  Whereas, The final report to the Legislative Oversight Commission on Education Accountability contained numerous recommendations including naming several topics that need to receive further study; and
  Whereas, The issues identified as needing further study, including internal hiring practices, reductions in force and outsourcing, are important issues affecting higher education employees; and
  Whereas, The Legislature gave Marshall University and West Virginia University, but not other state institutions of higher education, certain additional flexibility in Enrolled Committee Substitute for Senate Bill No. 603; and
  Whereas, The Legislature recognizes that because of the importance of higher education to West Virginia's future, a broad-based public policy discussion needs to occur before state leaders make determinations regarding appropriate personnel administration and compensation policies in order to achieve the greatest good for state institutions of higher education, their employees and the people of West Virginia; therefore, be it
  Resolved by the Legislature of West Virginia:
  That the Joint Committee on Government and Finance is hereby requested to create a joint interim committee to study various higher education personnel administration and flexibility issues; and, be it
  Further Resolved, That the committee shall consist of members of the Senate and House of Delegates for the purposes of considering recommendations resulting from the study mandated by Enrolled Committee Substitute for Senate Bill No. 603 and making a specific and detailed analysis of certain other higher education personnel and flexibility issues; and, be it
  Further Resolved, That the committee shall consist of the following members:
  (1) The President of the Senate or designee;
  (2) The Speaker of the House of Delegates or designee;
 (3) The chairs of the Senate and House of Delegates Committees on Education, who shall cochair the committee;
  (4) The chairs of the Senate and House of Delegates Committees on Finance or their designees;
  (5) The chairs of the Senate and House of Delegates Committees on Government Organization or their designees;
  (6) Two members each from the Senate Committees on Finance and Education, appointed by the President of the Senate; and
  (7) Two members each from the House of Delegates Committees on Finance and Education, appointed by the Speaker of the House; and, be it
  Further Resolved, That the committee shall examine issues related to employee compensation, classification and job evaluation methodologies; and, be it
  Further Resolved, That the committee shall examine internal hiring practices, including statutory preference given to current employees; a fair and rational policy for making reductions in force when necessary; and the relative costs and benefits of outsourcing certain services to external contractors; and, be it
  Further Resolved, That the committee shall examine whether the additional flexibility provided to Marshall University and West Virginia University in Enrolled Committee Substitute for Senate Bill No. 603 should be extended to other state institutions of higher education; and, be it
  Further Resolved, That the committee report to the Joint Committee on Government and Finance and the Legislative Oversight Commission on Education Accountability by the first day of January, 2010, 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, be it
  Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the chancellors of the Higher Education Policy Commission and the Council for Community and Technical College Education for distribution to each member thereof.
  A message from the Senate, by
  The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
  S. C. R. 49 - "Requesting the Joint Committee on Government and Finance study the various benefits of authorizing the establishment of charter schools."
  Whereas, Charter schools are publicly funded elementary, middle grade or high schools that are exempt from many of the laws and regulations applicable to traditional public schools; and
  Whereas, The first charter school law was passed in Minnesota in 1991; and
  Whereas, Thirteen of the 16 Southern Regional Education Board states authorize charter schools, with only Alabama, Kentucky and West Virginia not allowing charter schools; and
  Whereas, According to a policy alert published by the Center for Education Reform in February, 2007, only 10 states nationally do not allow charter schools; and
  Whereas, Laws that grant charter schools maximum autonomy and provide multiple sponsoring entities are referred to as strong and legislation that grants charter schools less autonomy and a more limited number of sponsoring entities is referred to as weak; and
  Whereas, During the fall of 2008, there were more than 4,500 charter schools serving more than 1.3 million students in the U. S.; and
  Whereas, Charter schools can enhance the quality of other public schools, both through competition and through the replication of successful practices in other public schools; therefore, be it
  Resolved by the Legislature of West Virginia:
  That the Joint Committee on Government and Finance is hereby requested to study the various benefits of authorizing the establishment of charter schools; and, be it
  Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, 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.
  A message from the Senate, by
  The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
  S. C. R. 53 - "Requesting the Joint Committee on Government and Finance study the State Rail Plan and the possible expansion of the plan, in addition to the funding, manpower, compliance issues regarding short-line railroads and the possible need for increased authority of the State Rail Authority."
  Whereas, The State Rail Authority is responsible for funding and maintaining short-line railroads owned by the state; and
  Whereas, The State Rail Plan has not been reviewed and updated for some time; and
  Whereas, The time has come that the state should consider the need to expand the use of short-line railroads and the associated issues related to the State Rail Authority, including such items as manpower, authority, expansion, commuter rail service such as the Maryland Area Regional Commuter (MARC) train service in this state, intermodal transportation in conjunction with the West Virginia Public Port Authority and compliance with federal regulations; and
  Whereas, The Legislature recognizes the need to conduct a study into the possible future of the State Rail Authority and the need for a short-line railroad funding program; therefore, be it
  Resolved by the Legislature of West Virginia:

  That the Joint Committee on Government and Finance is hereby requested to study the State Rail Plan and the possible expansion of the plan, in addition to the funding, manpower, compliance issues regarding short-line railroads and the possible need for increased authority of the State Rail Authority; and, be it   Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, 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.
  The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
  S. C. R. 54 - "Requesting the Joint Committee on Government and Finance study public policy initiatives that promote the development and implementation of green building standards, green energy workforce and energy demand-side management in the public and private sectors, as well as potential tax credits."
  Whereas, President Barack Obama initiated a significant catalyst to the green energy economy through the commitment of billions of federal dollars; and
  Whereas, The creation of further demand for skilled trained green jobs and products is imperative to future economic development in the state; and
  Whereas, Educational and training programs within the community college/vocational- technical system serve as the catalyst for the development of green jobs; and
  Whereas, The development of energy demand-side best practices will generate savings for both public and private sector organizations; and
  Whereas, Several public sector entities, such as the School Building Authority and Courthouse Facilities Improvement Authority, currently possess the capability and programmatic structure conducive to the development and implementation of energy demand-side best practices; and
  Whereas, The United States Green Building Council has developed standards known as the Leadership in Energy and Environmental Design standards; and
  Whereas, Further review and determination of the most relevant and useful green building standards is critical to any energy demand-side management policy and program; and
  Whereas, The availability of credits against certain state taxes, such as the West Virginia corporation net income tax, the business franchise tax and the West Virginia personal income tax, for placing in service certain energy efficient buildings, such as those buildings that comply with designated requirements of the federal Energy Star programs, would encourage the construction or rehabilitation of energy-efficient buildings in this state; therefore, be it
  Resolved by the Legislature of West Virginia:
  That the Joint Committee on Government and Finance is hereby requested to study public policy initiatives that promote the development and implementation of green building standards, green energy workforce and energy demand-side management in the public and private sectors, as well as potential tax credits; and, be it
  Further Resolved, That the Joint Committee on Government and Finance may seek input and information from experts and other resources appropriate to this study; and, be it
  Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, 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.           
  The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
  S. C. R. 55 - "Requesting the Joint Committee on Government and Finance study the advisability of enacting legislation regulating walkways along railroads where railroad employees are regularly required to walk."
  Whereas, Over the last several years numerous bills have been introduced which would regulate walkways along railroads where employees must regularly walk; and
  Whereas, A legal question exists as to whether such regulation is federally preempted; and
  Whereas, Decisions of various United States Courts of Appeal are split on the issue; and   Whereas, The disagreement between the opinions of the various United States Circuit Court of Appeals may be resolved by the United States Supreme Court within the next one to two years; and
  Whereas, Should the United States Supreme Court rule that regulation of walkways is not preempted by federal law, the Legislature might desire to regulate in this area; therefore, be it
  Resolved by the Legislature of West Virginia:
  That the Joint Committee on Government and Finance is hereby requested to study the advisability of enacting legislation regulating walkways along railroads where railroad employees are regularly required to walk; and, be it
  Further Resolved, That the West Virginia Public Service Commission shall undertake a comprehensive study on the advisability of regulating railroad walkway construction and maintenance, should the United States Supreme Court allow it, and to report its results to the Joint Committee on Government and Finance before the first day of the 2010 regular session of the Legislature; 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.
  At 5:20 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, April 8, 2009.

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