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Senate Journal


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sdj-58th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2009

FIFTY-EIGHTH DAY

____________

Charleston, W. Va., Thursday, April 9, 2009

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

Prayer was offered by the Reverend Greg Godwin, Concord United Methodist Church, Athens, West Virginia. Shady Spring High School Choir, Shady Spring, West Virginia, then proceeded in the singing of "Somebody's Knocking at Your Door" and "My Home Among the Hills".
Pending the reading of the Journal of Wednesday, April 8, 2009,
On motion of Senator Edgell, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Senate Bill No. 12, Allowing 2-year motorcycle registration period.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the bill was reported by the Clerk:
On
page eight, section three, line fifty-seven, by striking out "$70.50" and inserting in lieu thereof "$17.50".
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Senate Bill No. 12, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 12) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the amendment by that body to the title of the bill, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Senate Bill No. 424, Converting financial institution to state-chartered bank.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the title of the bill was reported by the Clerk:
Eng. Senate Bill No. 424--
A Bill to amend and reenact §31A-4A- 1, §31A-4A-2, §31A-4A-3 and §31A-4A-4 of the Code of West Virginia, 1931, as amended, all relating to the conversion of banks and other financial institutions to a West Virginia state-chartered bank; allowing any bank, thrift or credit union organized under the laws of the United States or any other state to convert into a state- chartered bank.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the title of the bill.
Engrossed Senate Bill No. 424, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 424) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 476, Relating to "financial institution" definition.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 493, Transferring central registry for head injuries to Center for Excellence in Disabilities.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 503, Defining "sound financial condition".
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, to take effect July 1, 2009, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 532, Creating WV SAFE Mortgage Licensing Act.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On
pages five through eleven, by striking out all of section one and inserting in lieu thereof a new section one, to read as follows:
§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 page twenty-two, section four, line one hundred fifteen, by striking out "$100,000" and inserting in lieu thereof "$75,000";
And,
On page twenty-two, section four, line one hundred seventeen, by striking out "$150,000" and inserting in lieu thereof "$100,000".
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 532, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 532) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2009.
On this question,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 532) takes effect July 1, 2009.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Senate Bill No. 595, Relating to assignment of child support obligations.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the bill was reported by the Clerk:
By striking out everything after the enacting section 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.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Senate Bill No. 595, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 595) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 632, Requiring insurers share certain information with Bureau for Medical Services.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect July 1, 2009, of
Eng. Com. Sub. for Senate Bill No. 672, Creating Mental Health Stabilization Act of 2009.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 669, Extending Preventative Care Pilot Program.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On
pages two and three, section three, lines ten through fourteen, after "2011" by changing the colon to a period and striking out the following proviso: Provided, That those providers which are in operation shall continue to have the ability to offer the prepaid health services as provided under the pilot until such time as they chose to end the service.;
On page four, section seven, line twenty, after the word "months" by changing the period to a semicolon and inserting the following : (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, section seven, by striking out all of subdivision (3) and inserting in lieu thereof a new subdivision (3), to read as follows:
(3) 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.;
And,
Eng. Senate Bill No. 669--A Bill to amend and reenact §16-2J-3 and §16-2J-7 of the Code of West Virginia, 1931, as amended, all relating to extending the Preventative Care Pilot Program (PCPP) for two years under certain conditions; increasing the number of parties the Health Care Authority and the Insurance Commissioner could permit to participate in the PCPP; allowing sales to those with high deductible health benefit plans in certain circumstances; and providing notice to the parties that prepaid services under the program may not count towards applicable health insurance deductibles.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 669, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 669) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 764, Providing race election results certification procedure.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, with its Senate amended title, of
Eng. House Bill No. 2404, Relating to inmate reimbursement for medical services provided to persons held in regional jails.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 2738, Registering protective orders with the West Virginia Supreme Court of Appeals.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, of
Eng. Com. Sub. for House Bill No. 2757, Relating to financial audits of insurers.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, of
Eng. Com. Sub. for House Bill No. 3082, Relating to the gathering and reporting of foreclosure data and statistics.
A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 3208, Including the hours of training county board members have acquired.
On motion of Senator Chafin, the Senate refused to recede from its amendments to the bill and requested the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses.
Whereupon, Senator Tomblin (Mr. President) appointed the following conferees on the part of the Senate:
Senators White, Oliverio and Guills.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, with its Senate amended title, to take effect July 1, 2009, of
Eng. House Bill No. 3229, Relating to creation of the Science and Research Council.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 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.
Referred to the Committee on Government Organization; and then to the Committee on Rules.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 75--Requesting the Big Otter Overpass on Interstate 79 in Clay County, specifically bridge number 08-79-39.91(2684), be named the "Pearl Harbor: PFC Carey K. Stockwell Memorial Bridge".
Referred to the Committee on Transportation and Infrastructure.
Executive Communications

The Clerk then presented a communication from His Excellency, the Governor, advising that on April 8, 2009, he had approved Enr. Committee Substitute for House Bill No. 2795.
The Senate proceeded to the fourth order of business.
Senator Tomblin (Mr. President), from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Concurrent Resolution No. 57, Requesting Joint Committee on Government and Finance study proposed new state business and occupation tax on high-voltage electric power transmission lines.
Senate Concurrent Resolution No. 59, Requesting Joint Committee on Government and Finance study improving and updating severance tax on natural gas and oil.
Senate Concurrent Resolution No. 60, Requesting Joint Committee on Government and Finance study grants through Economic Development Grant Committee.
Senate Concurrent Resolution No. 62, Requesting Joint Committee on Government and Finance study tax structure.
Senate Concurrent Resolution No. 64, Requesting Joint Committee on Government and Finance study carbon dioxide cap and trade proposals.
Senate Concurrent Resolution No. 65, Requesting Joint Committee on Government and Finance study fireworks' sale, storage and usage.
Senate Concurrent Resolution No. 66, Requesting Joint Committee on Government and Finance study costs of highways, sewers and water projects.
And,
Senate Concurrent Resolution No. 67, Requiring Joint Committee on Government and Finance study asbestos trust disclosure issues.
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
Earl Ray Tomblin,

Chairman ex officio
.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2335, Relating to the federal "Yellow Ribbon G. I. Education Enhancement Program".
Now on second reading, having been read a first time and referred to the Committee on Finance on April 2, 2009;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2695, Providing criminal penalties for a hunter who fails to render aid to a person the hunter shoots while hunting.
With amendments from the Committee on Natural Resources pending;
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on April 8, 2009;
And reports the same back with the recommendation that it do pass as amended by the Committee on Natural Resources to which the bill was first referred.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2695) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration and read a second time.
The following amendment to the bill, from the Committee on Natural Resources, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That
§20-2-27, §20-2-28 and §20-2-57 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and to amend said code by adding thereto three new sections, designated §20-2- 42x , §20-2-57a and §20-2-57b, all to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-27. Necessity for license.
Except as otherwise provided by law, no resident who has reached his or her fifteenth birthday and who has not reached his or her sixty-fifth birthday before January 1, 2010, and no nonresident shall at any time take, hunt, pursue, trap for, kill or chase any wild animals, wild birds, or fish for, take, kill or catch any fish, amphibians or aquatic life of any kind whatsoever in this state without first having secured a license or permit and then only during the respective open seasons, except that a nonresident who has not reached his or her fifteenth birthday may fish for, take, kill or catch any fish, amphibians or aquatic life of any kind whatsoever in this state without first having secured a license or permit. No A person under the age of fifteen years shall not hunt or chase any wild animals or wild birds upon lands of another unless accompanied by a licensed adult.
A resident or nonresident member of any club, organization or association or persons owning or leasing a game preserve or fish preserve, plant or pond in this state shall not hunt or fish therein without first securing a license or permit as required by law: Provided, however, That resident landowners or their resident children, or bona fide resident tenants of such land, may, without a permit or license, hunt and fish on their own land during open seasons in accordance with laws and regulations rules applying to such hunting and fishing unless such the lands have been designated as a wildlife refuge or preserve.
Licenses and permits shall be of the kinds and classes set forth in this article and shall be conditioned upon the payment of the fees established therefor for the licenses and permits.
§20-2-28. When licenses or permits not required.
Persons in the following categories shall are not be required to obtain licenses or permits as indicated:
(a) Bona fide resident landowners or their resident children, or resident parents, or bona fide resident tenants of such the land may hunt, trap or fish on their own land during open season in accordance with the laws and regulations rules applying to such the hunting, trapping and fishing without obtaining a license, to do so unless such the lands have been designated as a wildlife refuge or preserve.
(b) Any bona fide resident of this state who is totally blind may fish in this state without obtaining a fishing license. to do so A written statement or certificate from a duly licensed physician of this state showing the resident to be totally blind shall serve in lieu of a fishing license and shall be carried on the person of the resident at all times while he or she is fishing in this state.
(c) All residents of West Virginia on active duty in the armed forces of the United States of America, while on leave or furlough, shall have the right and privilege to may hunt, trap or fish in season in West Virginia without obtaining a license. to do so Leave or furlough papers shall serve in lieu of any such license and shall be carried on the person at all times while trapping, hunting or fishing.
(d) In accordance with the provisions of section twenty-seven of this article, any resident sixty-five years of age or older before January 1, 2010, is not required to have a license to hunt, trap or fish during the legal seasons in West Virginia, but in lieu of such the license any such the person shall at all times while hunting, trapping or fishing carry on his or her person a valid West Virginia driver's license or nondriver identification card issued by the Division of Motor Vehicles.
(e) Residents of the state of Maryland who carry hunting or fishing licenses valid in that state may hunt or fish from the West Virginia banks of the Potomac River without obtaining licenses, to do so but the hunting or fishing shall be confined to the fish and waterfowl of the river proper and not on its tributaries: Provided, That the state of Maryland shall first enter into a reciprocal agreement with the director extending a like privilege of hunting and fishing on the Potomac River from the Maryland banks of said the river to licensed residents of West Virginia without requiring said the residents to obtain Maryland hunting and fishing licenses.
(f) Residents of the state of Ohio who carry hunting or fishing licenses valid in that state may hunt or fish on the Ohio River or from the West Virginia banks of the river without obtaining licenses, to do so but the hunting or fishing shall be confined to fish and waterfowl of the river proper and to points on West Virginia tributaries and embayments identified by the director: Provided, That the state of Ohio shall first enter into a reciprocal agreement with the director extending a like privilege of hunting and fishing from the Ohio banks of the river to licensed residents of West Virginia without requiring the residents to obtain Ohio hunting and fishing licenses.
(g) Any resident of West Virginia who was honorably discharged from the armed forces of the United States of America and who receives a veteran's pension based on total permanent service-connected disability as certified to by the Veterans Administration shall be permitted to may hunt, trap or fish in this state without obtaining a license. therefor The director shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code setting forth the procedure for the certification of the veteran, manner of applying for and receiving the certification and requirements as to identification while said the veteran is hunting, trapping or fishing.
(h) Any disabled veteran who is a resident of West Virginia and who, as certified to by the Commissioner of Motor Vehicles, is eligible to be exempt from the payment of any fee on account of registration of any motor vehicle owned by such the disabled veteran as provided in section eight, article ten, chapter seventeen-a of this code shall be permitted to hunt, trap or fish in this state without obtaining a license. therefor The director shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code setting forth the procedure for the certification of the disabled veteran, manner of applying for and receiving the certification and requirements as to identification while the disabled veteran is hunting, trapping or fishing.
(i) Any resident or inpatient in any state mental health, health or benevolent institution or facility may fish in this state, under proper supervision of the institution involved, without obtaining a fishing license. to do so A written statement or certificate signed by the superintendent of the mental health, health or benevolent institution or facility in which the resident or inpatient, as the case may be, is institutionalized shall serve in lieu of a fishing license and shall be carried on the person of the resident or inpatient at all times while he or she is fishing in this state.
(j) Any resident who is developmentally disabled, as certified by a physician and the Director of the Division of Health, may fish in this state without obtaining a fishing license. to do so As used in this section, "developmentally disabled" means a person with a severe, chronic disability which:
(1) Is attributable to a mental or physical impairment or a combination of mental and physical impairments;
(2) Is manifested before the person attains age twenty-two; (3) Results in substantial functional limitations in three or more of the following areas of major life activity: (A) Self-care; (B) receptive and expressive language; (C) learning; (D) mobility; (E) self-direction; (F) capacity for independent living; and (G) economic self-sufficiency; and
(4) Reflects the person's need for a combination and sequence of care, treatment or supportive services which are of lifelong or extended duration and are individually planned and coordinated.
(k) A student eighteen years of age or younger receiving instruction in fly fishing in a public, private, parochial or Christian school in this state may fly fish in the state for catch and release only without obtaining a fishing license to do so while under the supervision of an instructor authorized by the school.
§20-2-42x. Class XS resident senior hunting, fishing and trapping license.

A Class XS license is a resident senior hunting, fishing and trapping license and entitles the licensee to hunt and trap for all legal species of wild animals and wild birds, to fish for all legal species of fish and to take frogs in all counties of the state, except as prohibited by the rules of the director or Natural Resources Commission and when additional licenses, stamps or permits are required. No additional fees shall be required of Class XS licensees for a Class CS stamp or a Class O stamp. The Class XS license shall be issued only to residents or aliens lawfully residing in the United States who have been domiciled residents of West Virginia for a period of thirty consecutive days or more immediately prior to the date of their application for a license and who reach sixty-five years of age on or after January 1, 2010. The fee for the Class XS license shall be $15. Once issued, the Class XS license shall remain valid for the lifetime of the purchaser without payment of additional fees for the privileges associated with the Class X license, Class CS stamp and the Class O stamp. This is a base license and does not require the purchase of a prerequisite license to participate in the activities specified in this section, except as noted.
§20-2-57. Negligent shooting, wounding or killing of livestock while hunting; criminal penalties.

It is unlawful for any person, while engaged in hunting, pursuing, taking or killing wild animals or wild birds, to carelessly or negligently shoot, wound or kill livestock, or to destroy or injure any other chattels or property.
Any person who, in the act of hunting, pursuing, taking or killing of wild animals or wild birds, in any manner injures any person or property shall file with the director a full description of the accident or other casualty, including such information as the director may require. Such report must be filed during a period not to exceed seventy-two hours following such incident. Any person violating this section subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $1,000 nor more than $10,000 not more than $1,000, or imprisoned in the county confined in jail not more than one year ninety days, or both fined and imprisoned confined. Restitution of the value of the livestock, chattel or property injured, damaged or destroyed shall be required upon conviction.
§20-2-57a. Negligent or reckless shooting, wounding or killing of another person while hunting; duty to render reasonable assistance; suspension of hunting and fishing license; criminal penalties.

(a) It is unlawful for any person, while engaged in the act of hunting, pursuing, taking or killing wild animals or wild birds, to negligently shoot, wound, injure or kill another person.
(b) Any person who negligently shoots, wounds, injures or kills another person while hunting with a firearm, bow and arrow, or other hunting weapon is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in jail for not more than six months, or both fined and confined.
(c) Any person who recklessly or due to gross negligence shoots, wounds, injures or kills another person while hunting with a firearm, bow and arrow, or other hunting weapon is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $2,500 or confined in jail for not more than one year, or both fined and confined.
(d)(1) Any person who shoots, wounds or injures another person while hunting with a firearm, bow and arrow, or other hunting weapon and knowingly refuses or fails to render reasonable assistance to the injured person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $2,500 and confined in jail for not less than thirty days nor more than one year.
(2) As used in this section, "reasonable assistance" means aid appropriate to the circumstances, including, but not limited to, obtaining immediate assistance from a law enforcement officer, 911 dispatcher, emergency medical provider or other medical personnel.
(e) Any person who shoots, wounds or injures another person while hunting with a firearm, bow and arrow, or other hunting weapon and knowingly refuses or fails to render reasonable assistance to the injured person who has sustained a serious bodily injury or dies as a result of his or her injuries is guilty of a felony and, upon conviction thereof, shall be fined not less than $750 nor more than $5,000 and imprisoned in a state correctional facility for not less than one year nor more than five years.
(f) Persons found guilty of committing a misdemeanor under this section shall have their hunting and fishing licenses suspended for a period of five years from the date of conviction or the date of release from confinement, whichever is later.
(g) Persons found guilty of committing a felony offense under this section shall have their hunting and fishing licenses suspended for a period of ten years from the date of conviction or the date of release from incarceration, whichever is later.
§20-2-57b. Prohibition and offense of hunting while intoxicated; offense of shooting another person when hunting while intoxicated; suspension of hunting and fishing license; criminal penalties.

(a) It is unlawful for any person to hunt, pursue, take or kill wild animals or wild birds while:
(1) Under the influence of alcohol;
(2) Under the influence of any controlled substance;
(3) Under the influence of any other drug;
(4) Under the combined influence of alcohol and any controlled substance or any other drug; or
(5) Having an alcohol concentration in his or her blood of eight hundredths of one percent or more by weight.
(b) Any person violating subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500 or confined in jail for not less than thirty days nor more than one hundred days, or both fined and confined.
(c) It is unlawful for any person to shoot, wound or injure another person while hunting with a firearm, bow and arrow, or other hunting weapon while:
(1)
Under the influence of alcohol;
(2)
Under the influence of any controlled substance;
(3)
Under the influence of any other drug;
(4)
Under the combined influence of alcohol and any controlled substance or any other drug; or
(5) Having an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight.
(d) Any person violating subsection (c) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1,500 or confined in jail for not less than two months nor more than one year, or both fined and confined.
(e) It is unlawful for any person
to kill another person while hunting with a firearm, bow and arrow, or other hunting weapon while:
(1)
Under the influence of alcohol;
(2)
Under the influence of any controlled substance;
(3)
Under the influence of any other drug;
(4)
Under the combined influence of alcohol and any controlled substance or any other drug; or
(5) Having an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight.
(f) Any person violating subsection (e) of this section is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000 or imprisoned in a state correctional facility for not less than one year nor more than three years, or both fined and imprisoned.

(e) Persons found guilty of committing an offense under this section shall have their hunting and fishing licenses suspended for a period of five years from the date of conviction or the date of release from incarceration, whichever is later.
(f) Persons found guilty of committing a felony offense under this section shall have their hunting and fishing licenses suspended for a period of ten years from the date of conviction or the date of release from incarceration, whichever is later.
(g) Any person who
shoots, wounds, injures or kills another person while hunting with a firearm, bow and arrow, or other hunting weapon while intoxicated in violation of this section has the same duty and obligation to render reasonable assistance to the injured person as is set forth in section fifty-seven-a of this article, and is subject to the additional penalties set forth therein for knowingly refusing or failing to render reasonable assistance.
The bill (Eng. Com. Sub. for H. B. No. 2695), as amended, was then ordered to third reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2723, Authorizing liens by municipalities and requiring administrative procedures for the assessment and collection of delinquent municipal fees.
With amendments from the Committee on Government Organization pending;
Now on second reading, having been read a first time and referred to the Committee on Finance on April 7, 2009;
And reports the same back with the recommendation that it do pass as amended by the Committee on Government Organization to which the bill was first referred.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2788, Protecting incapacitated adults from abuse or neglect by a caregiver.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2788) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2870, Extending the deadline of the buyback provision provided under the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2870) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 2931, Removing a severance tax on timber for tax years 2010 through 2013.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. H. B. No. 2931) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2976, Requiring the State Fire Commission to promulgate rules pertaining to the State Building Code.
With an amendment from the Committee on the Judiciary pending;
Now on second reading, having been read a first time and referred to the Committee on Finance on April 7, 2009;
And reports the same back with the recommendation that it do pass as amended by the Committee on the Judiciary to which the bill was first referred.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 3047, Clarifying that the Director of the Public Employees Insurance Agency is authorized to enter into capitated provider arrangements for provision of primary health care services.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. H. B. No. 3047) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 3074, Allowing the Secretary of State to notify people with delinquent taxes by certified mail.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3074) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 3170, Clarifying the filing and review of the periodic accountings of conservators of incapacitated protected persons.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 3170) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 3314, Relating to concealed handgun licensing.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3314) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
The Senate proceeded to the sixth order of business.
Senators Helmick, Foster and Plymale offered the following resolution:
Senate Concurrent Resolution No. 69--
Urging the members of West Virginia's congressional delegation to sponsor and support the Main Street Fairness Act.
Whereas, The 1967 Bellas Hess and the 1992 Quill Supreme Court decisions denied states the authority to require the collection of sales and use taxes by out-of-state sellers that have no physical presence in the taxing state; and
Whereas, The combined weight of the inability to collect sales and use taxes on remote sales through traditional carriers and the tax erosion due to electronic commerce threatens the future viability of the sales tax as a stable revenue source for state and local governments; and
Whereas, The Center for Business and Economic Research at the University of Tennessee has estimated that states lost as much as $15 billion in 2008 because they were not able to collect taxes on remote sales, including sales on the internet; and
Whereas, The same study, estimated that West Virginia lost as much as $50 million in 2008 because of this inability to require remote sellers to collect our state's sales and use taxes; and
Whereas, Since 1999, state legislators, governors, local elected officials, state tax administrators and representatives of the private sector have worked to develop a streamlined sales and use tax collection system for the 21st century; and
Whereas, Between 2001 and 2004, West Virginia and 39 other states enacted legislation expressing the intent of the state to simplify the state's sales and use tax collection systems and to participate in multistate discussions to finalize and ratify an interstate agreement to streamline collection of the states' sales and use taxes; and
Whereas, On November 12, 2002, state delegates unanimously ratified the Streamlined Sales and Use Tax Agreement, which substantially simplifies state and local sales tax systems, removes the burdens to interstate commerce that were of concern to the Supreme Court and protects state sovereignty; and
Whereas, The Streamlined Sales and Use Tax Agreement provides the states with a blueprint to create a simplified and more uniform sales and use tax collection system that, when implemented, allows justification for Congress to overturn the Bellas Hess and Quill decisions; and
Whereas, West Virginia enacted legislation in 2003 to bring this state's sales and use tax statutes into compliance with the Streamlined Sales and Use Tax Agreement; and
Whereas, By March 1, 2009, Arkansas, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Nevada, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin and Wyoming, representing over 40 percent of the total population of the United States, enacted legislation to bring their state's sales and use tax statutes into compliance with the agreement; and
Whereas, The West Virginia Legislature and our colleagues in the other states have shown the resolve to acknowledge the complexities of the current sales and use tax collection system, have worked with the business community to formulate a truly simplified and streamlined collection system and have shown the political will to enact the necessary changes to make the streamlined collection system the law; and
Whereas, The Main Street Fairness Act will be introduced in the 111th Congress to grant those states that comply with the agreement the authority to require all sellers, regardless of nexus, to collect those states' sales and use taxes; and
Whereas, Supporting the states' effort to comply with the Streamlined Sales and Use Tax Agreement and the federal legislation granting states collection authority are such companies, unions and organizations as: Alabama Retail Association; American Booksellers Association; Arizona Retailers Association; Arkansas Grocers and Retail Merchants Association; Best Buy, Inc; California Retailers Association; Colorado Retail Council; Connecticut Retail Merchants Association; Council of State Governments (CSG); Council of State Retail Associations (CSRA); Council on State Taxation (COST); Cracker Barrel Old Country Store, Inc.; CTIA-The Wireless Association; Federation of Tax Administrators (FTA); First Washington Reality, Inc.; Florida Retail Federation; General Growth Properties, Inc.; Georgia Retail Association; Retail Merchants Association of Hawaii; Home Depot; Idaho Retailers Association; Illinois Retail Merchants Association; Independent Music Retailers Association; Indiana Retail Council; International Council of Shopping Centers (ICSC); International Union of Police; Iowa Retail Federation; J. C. Penney Corporation, Inc.; Jack in the Box, Inc.; Jewelers of America; Kansas Retail Council; Kentucky Retail Association; Kimco Realty Corporation; K-Mart Corporation; Land's End; Louisiana Retailers Association; Maine Merchants Association; Maryland Retailers Association; Retailers Association of Massachusetts (RAM); Michigan Retailers Association; Minnesota Retailers Association; Retail Association of Mississippi; Missouri Retailers Association; National Association of Chain Drug Stores; National Association of College Stores; National Association of Industrial and Office Properties (NAIOP); National Association of Real Estate Investment Trusts (NAREIT); National Bicycles Dealers Association; National Conference of State Legislatures (NCSL); National Education Association (NEA); National Governors Association (NGA); National Office Products Association; National Retail Federation (NRF); Nebraska Retail Federation; Retail Federation of Nevada; New England Independent Booksellers Association; New Jersey Retail Merchants Association; New Mexico Retail Association; Retail Council of New York State; Newspaper Association of America; North American Retail Dealers Association (NARDA); North Carolina Retail Merchants Association; North Dakota Retail Association; Northern California Independent Booksellers; Ohio Council of Retail Merchants; Oklahoma Retail Council; Pacific Northwest Booksellers Association; Pennsylvania Retailers' Association; Performance Automotive Retailers; Performance Warehouse Association; PETsMART, Inc.; Radio Shack Corporation; Real Estate Roundtable; Retail Leaders Association (RILA); Rhode Island Retail Federation; Ross Stores, Inc.; Sears Holdings Corporation; Simon Property Group, Inc.; South Carolina Retail Association; South Dakota Retailers Association; Staples, Inc.; Target; Tennessee Retailers Association; The Gap, Inc.; The Macerich Company; The TJX Companies, Inc; US Telecom; Utah Retail Merchants Association; Vermont Retail Association; Virginia Retail Merchants Association; Wal-Mart; Washington Retail Association; Weingarten Realty Investors; West Acres Development LLP; Westfield; Wisconsin Merchants Federation; and Wyoming Retail Merchants Association; and
Whereas, Until Congress and the President enact the Main Street Fairness Act, participation by remote sellers is only voluntary and thus states are unlikely to close the revenue gap between what is owed on remote transactions and what is collected; and
Whereas, Congressman Roy Blunt of Missouri has termed this federal legislation as "fiscal relief for the states that does not cost the federal government a single cent" and ensures the viability of the sales and use tax as a state revenue source; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the members of West Virginia's congressional delegation to sponsor and support the Main Street Fairness Act
; and, be it
Further Resolved, That the members of West Virginia's congressional delegation join Senator Michael Enzi of Wyoming and Congressman William Delahunt of Massachusetts
as cosponsors of the Main Street Fairness Act and support its swift adoption by the Congress of the United States; and, be it
Further Resolved, That President Barack Obama, upon its passage by the Congress, is urged to sign the Main Street Fairness Act into law; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the President of the United States and the members of West Virginia's congressional delegation.

Which, under the rules, lies over one day.
Senators Hall, K. Facemyer and Plymale offered the following resolution:
Senate Concurrent Resolution No. 70--
Requesting the Division of Highways name bridge number 40-35-0.04 located on U. S. Route 35 crossing I-64 in Scott Depot, Putnam County, the "Trooper William 'Bill' Phillips Memorial Bridge".
Whereas, William "Bill" Phillips was born on September 28, 1953, in Elkins, West Virginia, the son of Howard and Jeanette Phillips; and
Whereas, William "Bill" Phillips subscribed to the ideals of freedom and liberty and, prior to his career in the West Virginia State Police, he served full time in the United States Air Force for four years as a member of the Strategic Air Command here in the United States, as well as in Turkey; and
Whereas, William "Bill" Phillips was sworn into the West Virginia State Police Academy in January, 1979; and
Whereas, Upon graduation from the West Virginia State Police Academy in June, 1979, Trooper William "Bill" Phillips was assigned to the Winfield Detachment of the West Virginia State Police until May, 1987, when he was transferred to the West Virginia State Police Headquarters in South Charleston; and
Whereas, While upholding the law and keeping his neighbors safe, Trooper William "Bill" Phillips tragically died while on duty in a motor vehicle accident on U. S. Route 35 on July 30, 1987; and
Whereas, Although Trooper William "Bill" Phillips' work in Putnam County only spanned eight years, his professionalism and dedication to his career left an indelible impression on many in the county. His service was not on corporate boards, but directly to friends and neighbors who may have needed snow plowed or help with building a deck or an ear for listening; and
Whereas, Among his many activities in Putnam County, Trooper William "Bill" Phillips was a member of the Putnam County EMS, the West Virginia State Police SWAT and Dive Teams, and also raised funds and participated in the Special Olympics Law-Enforcement Torch Run; and
Whereas, Trooper William "Bill" Phillips was a dedicated family man, married eleven years to Joan Antolini Phillips, M. D., and was the father to two beautiful daughters named Heather Lyons and Laura Fullerton; and
Whereas, Many people in the Putnam County area held Trooper William "Bill" Phillips in such high regard that at least three boys have been named William in his memory; and
Whereas, Trooper William "Bill" Phillips was also an active member of the Catholic Church of the Ascension where he belonged to the Knights of Columbus; and
Whereas, The ultimate sacrifice of this brave and courageous son of West Virginia requires us to honor Trooper William "Bill" Phillips by ensuring that future generations are aware of his sacrifice in the cause of law, order and freedom; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 40-35-0.04 located on U. S. Route 35 crossing I-64 in Scott Depot, Putnam County, the "Trooper William 'Bill' Phillips Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Trooper William 'Bill' Phillips Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Trooper William "Bill" Phillips.

Which, under the rules, lies over one day.
Senators Oliverio, Plymale and Williams offered the following resolution:
Senate Resolution No. 55--
Honoring Cody Gallagher on receiving a 2009 Prudential Spirit Community Award for exemplary volunteer service.
Whereas, Cody Gallagher, an esteemed resident of Fairmont, West Virginia, and a student at Rivesville Middle School, has achieved national recognition for exemplary volunteer service by receiving a 2009 Prudential Spirit Community Award; and
Whereas, This prestigious award, presented by Prudential Financial in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and
Whereas, Cody Gallagher earned his award by giving generously of his time and energy in a program he initiated called "Share a Bear, Show Your Care"; and
Whereas, The success of the State of West Virginia, the strength of our communities and the overall vitality of American society depend, in great measure, upon the dedication of young people like Cody Gallagher who use their considerable talents and resources to serve others; therefore, be it
Resolved by the Senate:
That the Senate hereby honors Cody Gallagher on receiving a 2009 Prudential Spirit of Community Award for exemplary volunteer service; and, be it
Further Resolved, That the Senate hereby recognizes Cody Gallagher's outstanding record of volunteer service, peer leadership and community sprit and extends best wishes for his continued success and happiness; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Cody Gallagher and the principal of Rivesville Middle School.

At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and, at the request of Senator Chafin, and by unanimous consent, returned to the fourth order of business.
Senator Green, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Concurrent Resolution No. 71 (originating in the Committee on Energy, Industry and Mining)--
Recognizing the importance of the oil and natural gas industry in West Virginia and requesting West Virginia's congressional delegation to support the oil and natural gas industry.
Whereas, The Legislature works tirelessly to improve the quality of life for the citizens of the Mountain State; and
Whereas, Oil and Natural Gas Industry has been, and continues to be, one of the primary industries responsible for the economic success of West Virginia and its citizens; and
Whereas, Thousands of West Virginians are employed, either directly or indirectly, by the oil and natural gas industry which generates payrolls totaling over $1 billion; and
Whereas, Production, transmission, storage and distribution of oil and natural gas currently accounts for the payment of millions of dollars in severance taxes, millions of dollars in income taxes and millions of dollars in other related taxes paid to the State of West Virginia; and
Whereas, County governments and county school systems throughout the state rely on the taxes from oil and natural gas companies that annually fund many valuable programs, including public education, ambulance services and law enforcement; and
Whereas, The reduction of West Virginia's oil and natural gas production and the loss of any oil- and natural gas-related employment ultimately results in significant harm to all West Virginians; and
Whereas, The United States of America, in its effort to become energy independent, may be compromised if oil and natural gas investment is not maintained; and
Whereas, Concerns have been raised about President Obama's proposal to eliminate a number of key tax incentives which have benefitted the domestic natural gas industry; and
Whereas, Continued incentives will allow for development of geophysical analysis necessary to evaluate known reserves such as the Marcellus Shale and other shale formations vital for our domestic reserves; and
Whereas, The continued development of domestic reserves is not only good energy policy, it is sound fiscal policy and vital to our national security; and
Whereas, Fewer wells in production would result in significant direct West Virginia job losses and accompanying loss of property and severance tax revenues; and
Whereas, The reduction in oil and natural gas development will keep potential royalty payments to ordinary West Virginians who for years have waited for and paid property taxes on minerals with the hope they would be developed; and
Whereas, Actions by the United States Congress should be in an effort to ensure our domestic energy resources are developed responsibly in conjunction with federal and state regulatory agencies; and
Whereas, The United States Congress is responsible for securing our national defense and providing for our energy independence from foreign influence; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby recognizes the importance of the oil and natural gas industry in West Virginia and requesting West Virginia's congressional delegation to support the oil and natural gas industry; and, be it
Further Resolved, That the Legislature hereby requests the West Virginia congressional delegation join in opposition to proposed changes in the United States Tax Code which reduce incentives that stimulated domestic oil and natural gas production; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the President and Vice President of the United States, Governor of West Virginia and members of West Virginia's congressional delegation.

And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Mike Green,
Chair.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Concurrent Resolution No. 72 (originating in the Committee on Government Organization)--Requesting the Joint Committee on Government Organization and Finance study hiring practices within the West Virginia Division of Personnel regarding hiring retired state employees for current positions.
Whereas, Rehiring retirees may create an unfair advantage in regards to current state employees; and
Whereas, Retirees who are rehired by the State of West Virginia may be allowed to use prior service and seniority, as well as annual and sick leave days; and
Whereas, This use of prior service time may give an unfair advantage to the retiree; and
Whereas, Further review and determination of best practices is merited related to managing overall costs to 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 hiring practices within the West Virginia Division of Personnel regarding hiring retired state employees for current positions; 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.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Chafin announced that in the meeting of the Committee on Rules previously held, the committee, in accordance with rule number seventeen of the Rules of the Senate, had removed from the Senate third reading calendar, Engrossed Committee Substitute for House Bill No. 2530; and from the Senate second reading calendar, Engrossed Committee Substitute for House Bill No. 3146 and Engrossed House Bill No. 3295 .
Senator Chafin also announced that in the same meeting, the Committee on Rules had returned to the Senate calendar, on second reading, Engrossed Committee Substitute for House Bill No. 2418, Engrossed Committee Substitute for House Bill No. 2419, Engrossed Committee Substitute for House Bill No. 2719, Engrossed Committee Substitute for House Bill No. 2737, Engrossed House Bill No. 2801, Engrossed Committee Substitute for House Bill No. 2999, Engrossed Committee Substitute for House Bill No. 3017 and Engrossed Committee Substitute for House Bill No. 3275, under rule number seventeen of the Rules of the Senate.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for House Bill No. 2170, Authorizing the Department of Commerce to promulgate legislative rules.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2170) passed.
On motion of Senator Kessler, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2170--A Bill to amend and reenact article 10, chapter 64 of the code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Commerce; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; repealing certain legislative rules; authorizing the Development Office to promulgate a legislative rule relating to brownfield economic development districts ; authorizing the Division of Labor to repeal a legislative rule relating to packaging and labeling ; authorizing the Division of Labor to repeal
a legislative rule relating to a method of sale of commodities
; authorizing the Division of Labor to promulgate a legislative rule relating to the West Virginia Manufactured Housing Construction and Safety Standards Board ; authorizing the Division of Labor to promulgate a legislative rule relating to weights and measures calibration fees ; authorizing the Division of Labor to promulgate a legislative rule relating to standards for weights and measures inspectors adoption of National Conference of Weights and Measures (NCWM) Handbook 130, 1987 edition ; authorizing the Division of Labor to promulgate a legislative rule relating to the Amusement Rides and Attractions Safety Act ; authorizing the Division of Labor to promulgate a legislative rule relating to the Elevator Safety Act ; authorizing the Division of Labor to promulgate a legislative rule relating to the supervision of elevator mechanics and apprentices ; authorizing the Division of Natural Resources to promulgate a legislative rule relating to boating ; authorizing the Division of Natural Resources to promulgate a legislative rule relating to deer hunting ; authorizing the Division of Natural Resources to promulgate a legislative rule relating to lifetime hunting, trapping and fishing licenses ; authorizing the Division of Natural Resources to promulgate a legislative rule relating to hunting, trapping and fishing license and stamp fees ; authorizing the Division of Tourism to promulgate a legislative rule relating to the direct advertising grants program .
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2170) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2464, Authorizing county commissions to designate locations for early voting other than the county courthouse or annex.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2464) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2530, Relating to further defining professional student support personnel.
Having been removed from the Senate third reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. House Bill No. 2541, Including poultry among those domesticated farm animals or stock which the owner shall be liable for damages caused by those animals.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: Barnes and Deem--2.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2541) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2557, Relating to the enforcement of new motor vehicle warranties.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2557) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2557--A Bill
to amend and reenact §46A-6A-2, §46A-6A-3 and §46A-6A-3a of the Code of West Virginia, 1931, as amended, all relating to repairing or replacing a new motor vehicle under a new motor vehicle warranty; providing a definition of "motor vehicle"; making the provisions related to the enforcement of new motor vehicle warranties applicable to vehicles registered and titled in this state, regardless of where the vehicle was purchased; setting forth the liability of an authorized dealer as to new motor vehicle warranties; and disclosing to a consumer in writing as to any repairs made by an authorized dealer to a new motor vehicle .
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2767, Changing the membership of the PEIA Financial Board.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2767) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2009.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2767) takes effect July 1, 2009.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2836, School Innovation Zones Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: White--1.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2836) passed.
The following amendment to the title of the bill, from the Committee on Education, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2836--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-5B-1, §18-5B-2, §18-5B-3, §18-5B-4, §18-5B- 5, §18-5B-6, §18-5B-7, §18-5B-8 and §18-5B-9, all relating to school innovation zones; setting forth legislative findings, intent and purpose; authorizing state board to designate school innovation zones; establishing processes for application and plan review and approval and amendment; providing process for grant of exceptions to state board and county policies, rules and interpretations, and statutes, and prohibiting certain exceptions; providing for revocation of designation and plan approval; requiring annual report by the state board; providing for the voluntary transfer of employees; providing for teacher job postings that exceed certain qualifications and requirements; authorizing the board of education to promulgate rules and emergency rules; and authorizing state institutions of higher education to establish new innovation zone schools.
Senator Chafin moved that the bill take effect July 1, 2009.
On this question,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: White--1.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2836) takes effect July 1, 2009.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2863, Relating to construction of state utility projects.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2863) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2863--A Bill to amend and reenact §5G-1-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §22C-1-5 of said code; to amend and reenact §24-2-11 of said code; and to amend and reenact §31-15A-3 and §31-15A-6 of said code, all relating to construction of state utility projects; putting limitations on engineering design and construction inspection fees for state and state subdivision sponsored utility construction; requiring all Water Development Authority sponsored utility projects to get authorization prior to removal of proposed customers of a project; requiring the governmental agency administering the utility project to perform an annual maintenance audit of the utility; altering the number of customers or proposed customers protesting requiring a formal hearing; reducing time periods for the Public Service Commission to review and approve certain applications by public utilities for certificate of public convenience and necessity; and providing for additional members of the West Virginia Infrastructure and Jobs Development Council.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2863) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 2920, Eliminating the felony conviction for a second or subsequent conviction of petit larceny.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Kessler, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's third reading calendar.
Eng. Com. Sub. for House Bill No. 2968, Requiring the State Fire Commission to establish safety standards for liquefied petroleum gas systems.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2968) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2968--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §29-3-5c and §29-3-16, all relating to requiring the State Fire Commission to establish safety standards for liquefied petroleum gas systems; and requiring the installation, maintenance or service of fuel gas systems in one or two family dwellings according to the State Fire Code and the rules promulgated thereunder, if such installation is performed by any person other than the owner or occupant of a single-family dwelling.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2968) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 2981, Relating to primary elections and nominating procedures of third-party candidates.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Kessler, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Com. Sub. for House Bill No. 3120, Increasing the WV Prosecuting Attorneys Institute's executive council's elected members from five to seven and permitting the appointment of special prosecutors in juvenile delinquency, child abuse or neglect proceedings.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Kessler, unanimous consent was granted to offer amendments to the bill on third reading.
Thereupon, on motion of Senator Kessler, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page three, section six, line thirty-two, by striking out the word "or";
On page three, section six, line thirty-three, after the word "code" by inserting a comma and the words "or in any matter wherein a special prosecutor previously appointed has failed to take any action thereon within such time as the Executive Director deems unreasonable, not to exceed three terms of court from the date on which the special prosecutor was appointed: Provided, That such replacement or original appointment may be any attorney with a license in good standing in this state";
On page six, section six, line seventy-six, by striking out the word "or";
And,
On page six, section six, line seventy-seven, after the word "code" by inserting a comma and the words "or in any matter wherein a special prosecutor previously appointed has failed to take any action thereon within such time as the Executive Director deems unreasonable, not to exceed three terms of court from the date on which the special prosecutor was appointed: Provided, That such replacement or original appointment may be any attorney with a license in good standing in this state".
The bill, as just amended, was ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 3120) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 3120) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 3120--A Bill to repeal §7-4- 6a of the Code of West Virginia, 1931, as amended; and to amend and reenact §7-4-6, relating to increasing the West Virginia Prosecuting Attorneys Institute executive council to seven members; permitting the appointment of special prosecutors in matters of juvenile delinquency and child abuse and neglect; and repealing outdated section that continued the Prosecuting Attorneys Institute.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 3134, Municipal vote by mail pilot program.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 3134) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub for House Bill No. 3134--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-3A-1, §3-3A-2, §3-3A-3, §3-3A-4 and §3-3A-5, all relating to a voting by mail; creating a two phase vote by mail pilot program for municipalities; allowing class IV municipalities to conduct early voting in municipal elections by mail; requiring adoption of an ordinance; requiring the Secretary of State select five municipalities for a pilot project; allowing selected municipalities conduct municipal elections by mail; requiring emergency and legislative rules; setting forth criteria; granting authority to conduct voting by mail; and providing for termination of phase two of the pilot project.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 3288, Relating to mental health parity.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 3288) passed.
The following amendment to the title of the bill, from the Committee on Banking and Insurance, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 3288--A Bill to amend and reenact §5-16-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-16-3a of said code, all relating to group accident and sickness insurance requirements to cover treatment of mental illness; providing that actual increases in costs for certain coverage determine whether cost containment measures may be applied by Public Employees Insurance Agency and private carriers; and removing certain provisions regarding small groups.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 3305, Relating to the powers and duties of probation officers.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 3305) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 3313, Allowing depositories and banks to meet the security requirement necessary to be a depository for boards of education by providing a letter of credit from a federal home loan bank.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 3313) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The end of today's third reading calendar having been reached, the Senate returned to the consideration of
Eng. House Bill No. 2920, Eliminating the felony conviction for a second or subsequent conviction of petit larceny.
On third reading, coming up in deferred order, was again reported by the Clerk.
At the request of Senator Jenkins, unanimous consent was granted to offer amendments to the bill on third reading.
Thereupon, on motions of Senators Jenkins and Plymale, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page one, after section one, by adding the provisions of Engrossed Committee Substitute for Senate Bill No. 650;
And,
By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That §61-11-20 of the Code of West Virginia, 1931, as amended, be repealed; and that §61-11-6 of said code be amended and reenacted, all to read as follows:.
The bill, as just amended, was ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 2920) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: D. Facemire--1.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2920) passed.
On motions of Senators Jenkins and Plymale, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. House Bill No. 2920--A Bill to repeal §61-11-20 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-11-6 of said code, all relating to crimes and their punishment; eliminating the felony offense of second or subsequent petit larceny; and increasing the penalty for accessory after the fact to certain crimes; establishing penalties; and creating exceptions.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate recessed until 5:30 p.m. today.
Upon expiration of the recess, the Senate reconvened and, at the request of Senator Kessler, and by unanimous consent, returned to the sixth order of business, which agenda includes the making of main motions.
On motion of Senator Kessler, the Senate requested the return from the House of Delegates of
Eng. Com. Sub. for House Bill No. 3305, Relating to the powers and duties of probation officers.
Passed by the Senate in earlier proceedings today,
The bill still being in the possession of the Senate,
On motion of Senator Kessler, the Senate reconsidered the vote as to the passage of the bill.
The vote thereon being reconsidered,
At the request of Senator Kessler, unanimous consent was granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Kessler, the following amendment to the bill was reported by the Clerk and adopted:
O
n page three, section six, lines thirty-four and thirty-five, by striking out the words "for proceedings pursuant to section twenty-six of this article".
The bill, as just amended, was again ordered to third reading.
Engrossed Committee Substitute for House Bill No. 3305 was then read a third time and put upon its passage.
Om the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of those present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 3305) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Chafin announced that in the meeting of the Committee on Rules previously held, the committee, in accordance with rule number seventeen of the Rules of the Senate, had removed from the Senate second reading calendar, Engrossed House Bill No. 3192.
Senator Chafin also announced that in the same meeting, the Committee on Rules had returned to the Senate calendar, on second reading, Engrossed Committee Substitute for House Bill No. 2567, Engrossed Committee Substitute for House Bill No. 2869, Engrossed Committee Substitute for House Bill No. 3146 and Engrossed House Bill No. 3295, under rule number seventeen of the Rules of the Senate.
The Senate proceeded to the ninth order of business.
Senate Bill No. 771, Making supplemental appropriation of federal funds to various accounts.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 772, Making supplemental appropriation to various accounts.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 773, Making supplemental appropriation to Department of Agriculture, Land Protection Authority.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Eng. House Bill No. 2050, Expanding the counties covered by West Virginia Route 2 and Interstate 68 Authority to include Cabell, Mason and Jackson counties; and increasing the number of members.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Kessler, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.
Eng. Com. Sub. for House Bill No. 2360, Insuring that tobacco products are not sold in any packaging other than the original.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Health and Human Resources, were reported by the Clerk, considered simultaneously, and adopted:
On page two, section ten, line two, by striking out the words "or distribution";
On page two, section ten, line five, by striking out the words "or distribution";
And,
On page two, section, ten, line ten, by striking out the words "or distribution".
The bill (Eng. Com. Sub. for H. B. No. 2360), as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: Barnes--1.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2360) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: Barnes, D. Facemire and Hall--3.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2360) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2418, Relating to exempting certain records of the Division of Corrections and Regional Jail Authority from the Freedom of Information Act that, if released, could aid inmates in committing unlawful acts.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2419, Providing inmates a reduction in sentence for completion of education and rehabilitation programs.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2421, Requires that inoperable fire hydrants be painted black and be reported to emergency dispatch centers.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
On page two, by striking out everything after the article heading and inserting in lieu thereof the following:
§8-19-22. Identification requirement for fire hydrants that are inoperable or unavailable for use in emergency situations.

(a) The owner or operator of a fire hydrant or any device having the appearance of a fire hydrant that is located in a place that an entity responsible for providing fire suppression services in a fire emergency would expect a fire hydrant to typically be located, shall mark the fire hydrant or device, as set out in subsection (b) of this section, if the owner or operator has actual knowledge that the fire hydrant or device is inoperable or is unavailable for use by an entity providing fire suppression services in a fire emergency.
(b) To mark the fire hydrant or device, the owner or operator of the fire hydrant or device shall:
(1) Paint the fire hydrant or device black if the fire hydrant or device is inoperable or unavailable for use; or
(2) Place a black tarp over the fire hydrant or device if the device is temporarily inoperable or temporarily unavailable for use in a fire emergency, for a period not to exceed fourteen days.
(c) For the purposes of this section, the word "inoperable" means a fire hydrant that does not produce water flow when activated.
The bill (Eng. Com. Sub. for H. B. No. 2421), as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: Barnes--1.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2421) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2421) passed.
The following amendment to the title of the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2421--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-19-22, relating to fire hydrants; requiring the marking of an inoperable fire hydrant; setting requirements for the marking; and defining inoperable.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2423, Relating to the Board of Medical Imaging and Radiation Therapy Technology.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2504, Establishing the Silver Alert Plan, an alert system for missing cognitively impaired persons.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on the Judiciary, were reported by the Clerk, considered simultaneously, and adopted:
On page seven, section four, line eight, after the word "Police" by inserting the words "or other appropriate law- enforcement agency";
And,
On page seven, section four, line eleven, after the word "domiciled" by inserting the words "or believed to be located".
The bill (Eng. Com. Sub. for H. B. No. 2504), as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: Barnes--1.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2504) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2504) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2504--A Bill to amend and reenact §15-3A-7 of the Code of West Virginia, 1931, as amended; and by further amending said code by adding thereto a new article, designated §15-3B-1, §15-3B-2, §15-3B-3, §15-3B-4, §15-3B-5 and §15-3B-6 of said code, all relating to the establishment of an alert system for missing cognitively impaired persons; providing for the use of video image recording devices for search purposes during a Silver Alert; providing legislative findings; providing criteria for the activation of a Silver Alert; providing for notice and broadcasting of a Silver Alert; and providing immunity for individuals providing information pursuant to a Silver Alert in good faith.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 2536, Adding language that includes railcars and locomotives in the category of railroad property that is illegal to interfere or tamper with.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §61-3-28 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-28. Offenses against railroad property and persons on railroad property; definitions.

(a) As used in this section:
(1) "Bodily injury" means substantial physical pain, illness or any impairment of physical injury.
(2) "Railroad" means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including:
(i) Commuter or other short-haul railroad passenger service in a metropolitan or suburban area; and
(ii) High-speed ground transportation systems that connect metropolitan areas but does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation;
(3) "Railroad carrier" means a person providing railroad transportation; railroad carrier including a right-of-way, track, bridge, yard, shop, station, tunnel, viaduct, trestle, depot, warehouse, terminal, railroad signal system, train control system, centralized dispatching system, or any other structure, appurtenance, or equipment owned, leased, or used in the operation of any railroad carrier including a train, locomotive, engine, railroad car, work equipment, rolling stock, or safety device. "Railroad property" does not include administrative buildings, administrative offices, or administrative office equipment;
(4) "Right-of-way" means the track or roadbed owned, leased, or operated by a railroad carrier which is located on either side of its tracks and which is readily recognizable to a reasonable person as being railroad property or is reasonably identified as such by fencing or appropriate signs;
(5) "Yard" means a system of parallel tracks, crossovers, and switches where railroad cars are switched and made up into trains, and where railroad cars, locomotives and other rolling stock are kept when not in use or when awaiting repairs.
(b) Whoever willfully damages or attempts to damage railroad property or willfully endangers or attempts to endanger the safety of another, by:
(1) Taking, removing, altering, or otherwise vandalizing a railroad sign, placard or marker;
(2) Throwing or dropping an object capable of causing significant damage to railroad property at or on a locomotive, railroad car or train;
(3) Shooting a firearm or other dangerous weapon at a locomotive, railroad car or train;
(4) Removing appurtenances from, damaging, or otherwise impairing the operation of any railroad signal system, including a train control system, centralized dispatching system, or highway-railroad grade crossing warning signal, on a railroad owned, leased, or operated by any railroad carrier, and without consent of the railroad carrier involved;
(5) Interfering or tampering with, or obstructing in any way, or threatening to interfere with, tamper with or obstruct in any way any railcar or locomotive, switch, frog, rail, roadbed, sleeper, viaduct, bridge, trestle, culvert, embankment, structure, or appliance pertaining to or connected with any railroad carrier without consent of the railroad carrier involved; or
(6) Taking, stealing, removing, changing, adding to, altering, or in any manner interfering with any part of the operating mechanism of any locomotive, engine, tender, coach, car, caboose, or motor car used or capable of being used by any railroad carrier in this state without consent of the railroad carrier is guilty of a felony.
If railroad property damage does not exceed $1,000 and no bodily injury occurs to another as a result of any of the aforesaid acts, upon conviction thereof, the person shall be fined not less than $500 nor more than $5,000, confined in a regional jail for not more than one year, or both. If bodily injury occurs to another not acting with or in connection with the perpetrator as a result of any of the aforesaid acts or if railroad property damage exceeds $1,000, upon conviction thereof, the person shall be fined not less $1,000 nor more than $10,000, committed to the custody of the Commission of Corrections for not less than one nor more than ten years, or both.
(d) The provisions of this section do not apply to any person employed by a railroad who is performing the duties assigned by the railroad or who is otherwise performing within the scope of his or her employment.
The bill (Eng. H. B. No. 2536), as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: Barnes--1.
Absent: None.
Having been engrossed, the bill (Eng. H. B. No. 2536) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2536) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. House Bill No. 2536--A Bill to amend and reenact §61-3-28 of the Code of West Virginia, 1931, as amended, relating to offenses against railroad property, generally; adding language that includes railcars and locomotives in the category of railroad property that is illegal to interfere with, tamper with or obstruct, or to threaten to interfere with, to tamper with or obstruct; and establishing a minimum fine for violations.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 2539, Authorizing professional licensing boards to combine administrative staff functions.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §30-1-19, to read as follows:
ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO STATE BOARDS.

§30-1-19. Combining board staff functions.

(a) Any board referred to in this chapter may combine administrative staff functions with any other board or boards referred to in this chapter, pursuant to the provisions of subsection (b) of this section, to carry out the administrative duties of the boards as set forth in this article, the practice acts of each board set forth in this chapter and the legislative rules of each board: Provided, That each board retains responsibility for fulfilling its statutory duties.
(b) Before combining administrative staff functions pursuant to subsection (a) of this section, the boards shall, in consultation with the office of the Attorney General, enter into a memorandum of understanding with the following provisions:
(1) The names of the boards combining administrative staff functions;
(2) The administrative staff functions being combined, including the staffs' titles and duties relative to each board;
(3) The prorata share of expenses that each board will be responsible for paying, including salaries, office rent, office supplies, telephone, fax and computer services, travel expenses and any other expenses anticipated by the boards;
(4) A description of how decisions will be made by the boards, including employment of staff, the staff's functions and duties, and any other necessary decisions;
(5) A description of how modifications may be made to the terms of the agreement; and
(6) Any other provisions necessary to set forth the agreement of the boards.
(c) The boards that combine administrative staff functions pursuant to this section, may promulgate rules in accordance with the provisions of chapter twenty-nine-a of this code, to make any necessary changes to facilitate the combining of administrative staff functions. The boards may also promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code, to correct any conflicts with a board's current rules.
The bill (Eng. H. B. No. 2539), as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: Barnes--1.
Absent: None.
Having been engrossed, the bill (Eng. H. B. No. 2539) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2539) passed.
The following amendment to the title of the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
Eng. House Bill No. 2539--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-1-19, relating to professional licensing boards; authorizing the combining of administrative staff functions of boards; requiring consultation with the office of the Attorney General; requiring memorandum of understanding; and authorizing emergency rules and rulemaking.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2567, Relating to filing agency rules with the Secretary of State under the Administrative Procedures Act.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2621, Prohibiting the use of cell phone and text-messaging devices while operating a motor vehicle except when using a hands-free device or in the case of an emergency.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That the Code of West Virginia, 1931, as amended, be amended by adding a new section, designated §17C-14-15; and that §17C-15-49 of said code be amended and reenacted, all to read as follows:
ARTICLE 14. MISCELLANEOUS RULES.
§17C-14-15. Unlawful use of wireless communication devices while operating a motor vehicle; exceptions; penalty.

(a) The use of a wireless electronic communication device by an operator of a moving motor vehicle on a public road or highway shall be unlawful except when the wireless communication device is a hands-free wireless electronic communication device being used hands-free, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle.
(b) The provisions of this section do not apply to a driver who uses a wireless communication device when:
(1) The driver immediately fears for his, her, or another person's life or safety, or the driver believes that he, she, or another person is, or is about to become, the victim of a criminal act;
(2) The driver uses the wireless communication device to contact law-enforcement authorities, emergency personnel for the purpose of reporting criminal activity, a fire, a traffic accident, a serious road hazard, a medical emergency, a hazardous materials emergency or any other condition which threatens bodily injury, public health, welfare or safety; or
(3) Emergency services personnel while responding to an emergency situation, may use a wireless communication device while operating an authorized emergency vehicle, as defined in section six, article one, of this chapter, in the course and scope of his or her duties.
(c) As used in this section:
(1) "Hands-free wireless communication device" means a wireless communication device equipped with an internal feature or function, or an attachment or addition, whether or not permanently part of the device, by which a user engages in a conversation, sends or receives a message, interchanges information, or otherwise communicates without the use of either hand: Provided, That this definition does not preclude the use of either hand to activate, deactivate or initiate a function of the device;
(2) "Use a wireless communication device" means to verbally or visually converse, message, or otherwise interchange information, including utilization of the internet on a wireless communication device, whether by audio or video communication, telephone, text messaging, or any other form of electronic communication; and
(3) "Wireless communication device" means a cellular, analog, wireless or digital device, computer or telephone, capable of accessing, sending or receiving wireless electronic messages, conversation or other interchange of information, including, but not limited to, a wireless telephone service, a wireless internet service or a wireless text messaging service. A "wireless communication device" does not include:
(A) voice radios, mobile radios, land mobile radios, commercial mobile radios or two-way radios with the capability to transmit and receive voice transmissions utilizing a "push to talk" or "press to transmit" function; or
(B) other voice radios used by a law-enforcement officer, an emergency services provider, an employee or agent of public safety organizations, first responders, Amateur Radio Operators(HAM) licensed by the Federal Communications Commission, and school bus operators.
(d) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $25. No court costs or other fees shall be assessed for a violation of this section.
(e) Enforcement of this section shall be accomplished only as a secondary action when a driver has been detained for probable cause of violating another section of this code or a municipal ordinance.
(f) Notwithstanding any other provision of this code to the contrary, no points may be entered on any driver's record maintained by the Division of Motor Vehicles as a result of a violation of this section.
ARTICLE 15. EQUIPMENT.
§17C-15-49. Operation of vehicles with safety belts; exception; penalty; civil actions; educational program by West Virginia State Police.

(a) Effective September 1, one thousand nine hundred ninety-three 2009, a person may not operate a passenger vehicle on a public street or highway of this state unless the person, any passenger in the back seat under eighteen years of age and any passenger in the front seat of such the passenger vehicle is restrained by a safety belt meeting applicable federal motor vehicle safety standards. For the purposes of this section, the term "passenger vehicle" means a motor vehicle which is designed for transporting ten passengers or less, including the driver, except that such the term does not include a motorcycle, a trailer or any motor vehicle which is not required on the date of the enactment of this section under a federal motor vehicle safety standard to be equipped with a belt system. The provisions of this section shall apply to all passenger vehicles manufactured after January 1, 1967, and being 1968 models and newer.
(b) The required use of safety belts as provided herein in this section does not apply to a duly appointed or contracted rural mail carrier of the United States Postal Service who is actually making mail deliveries or to a passenger or operator with a physically disabling condition whose physical disability would prevent appropriate restraint in such the safety belt if the condition is duly certified by a physician who shall state states the nature of the disability as well as the reason such the restraint is inappropriate. The Division of Motor Vehicles shall adopt propose rules for legislative approval, in accordance with the provisions of chapter twenty-nine-a of this code, to establish a method to certify the physical disability and to require use of an alternative restraint system where feasible or to waive the requirement for the use of any restraint system.
(c) Any person who violates the provisions of this section shall be fined not more than twenty-five $15. No court costs or other fees shall may be assessed for a violation of this section. Enforcement of this section shall be accomplished only as a secondary action when a driver of a passenger vehicle has been detained for probable cause of violating another section of this code.
(d) A violation of this section is not admissible as evidence of negligence or contributory negligence or comparative negligence in any civil action or proceeding for damages and shall is not be admissible in mitigation of damages: Provided, That the court may, upon motion of the defendant, conduct an in camera hearing to determine whether an injured party's failure to wear a safety belt was a proximate cause of the injuries complained of. Upon such a finding by the court, the court may then, in a jury trial, by special interrogatory to the jury, determine: (1) That the injured party failed to wear a safety belt; and (2) that the failure to wear the safety belt constituted a failure to mitigate damages. The trier of fact may reduce the injured party's recovery for medical damages by an amount not to exceed five percent thereof of the medical damages. In the event the plaintiff stipulates to the reduction of five percent of medical damages, the court shall make the calculations and the issue of mitigation of damages for failure to wear a safety belt shall may not be presented to the jury. In all cases, the actual computation of the dollar amount reduction shall be determined by the court.
(e) Notwithstanding any other provision of this code to the contrary, no points may be entered on any driver's record maintained by the Division of Motor Vehicles as a result of a violation of this section.
(f) Commencing the first day of July, one thousand nine hundred ninety-three The Governor's Highway Safety Program, in cooperation with the division of public safety West Virginia State Police and any other state departments or agencies and with county and municipal law-enforcement agencies, shall initiate and conduct an educational program designed to encourage compliance with safety belt usage laws. This program shall be focused on the effectiveness of safety belts, the monetary savings and the other benefits to the public from usage of safety belts and the requirements and penalties specified in this law.
(g) Nothing contained in this section shall be construed to abrogate or alter abrogates or alters the provisions of section forty-six of this article relating to the mandatory use of child passenger safety devices.
On motion of Senator Palumbo, the following amendment to the Judiciary committee amendment to the bill (Eng. Com. Sub. for H. B. No. 2621) was reported by the Clerk and adopted:
On page four, section forty-nine, subsection (a), by striking out "September 1" and inserting in lieu thereof "June 30".
On motion of Senator Browning, the following amendments to the Judiciary committee amendment to the bill (Eng. Com. Sub. for H. B. No. 2621) were next reported by the Clerk and considered simultaneously:
On page seven, after section forty-nine, by adding the provisions of Engrossed Committee Substitute for Senate Bill No. 298;
And,
By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §17C-14-15; that §17C- 15-49 of said code be amended and reenacted; and that §24-6-6b of said code be amended and reenacted, all to read as follows:.
Senator Unger arose to a point of order that the amendments offered by Senator Browning to the Judiciary committee amendment to the bill (Eng. Com. Sub. for H. B. No. 2621) were not germane.
Which point of order, the President ruled not well taken.
The question being on the adoption of Senator Browning's amendments to the Judiciary committee amendment to the bill, the same was put and prevailed.
The question now being on the adoption of the Judiciary committee amendment to the bill, as amended.
Senator Unger arose to a point of order that the Judiciary committee amendment to the bill, as amended, was not germane to the bill.
Which point of order, the President ruled well taken.
On motion of Senator Browning, the following amendments to the bill (Eng. Com. Sub. for H. B. No. 2621) were next reported by the Clerk, considered simultaneously, and adopted:
On page six, after section fifteen, by adding the provisions of Engrossed Committee Substitute for Senate Bill No. 298;
And,
By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §17C-14-15; and that §24-6-6b of said code be amended and reenacted, all to read as follows:.
The bill (Eng. Com. Sub. for H. B. No. 2621), as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: Barnes and Sypolt--2.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2621) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: D. Facemire and Sypolt--2.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2621) passed.
On motion of Senator Browning, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2621--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-14-15; and to amend and reenact §24-6-6b of said code, all relating to wireless cell phone use and wireless cell phone tower funding, establishing the offense of unlawful use of a wireless communication device while operating a motor vehicle on a street or highway; providing exceptions and conditions for certain lawful uses; definitions; misdemeanor criminal penalties; limitation of enforcement; increasing the amount allocated from the wireless enhanced 911 fee to be deposited into the Enhanced 911 Wireless Tower Access Assistance Fund and distributed by the Public Service Commission to subsidize the construction of Wireless towers; and providing definitions.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2694, Establishing certain requirements for modification of custodial rights for parent's or guardian's that have been deployed to the United States Armed Forces.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Military, was reported by the Clerk:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto two new sections, designated §48-1-233.3 and §48- 1-233.4; that said code be amended by adding thereto a new section, designated §48-9-404; that §48-11-106 of said code be amended and reenacted; and that said code be amended by adding thereto a new section, designated §48-11-108, all to read as follows:
CHAPTER 48. DOMESTIC RELATIONS.

ARTICLE 1. GENERAL PROVISIONS; DEFINITIONS.
PART 2--DEFINITIONS.

§48-1-233.3. Military parent defined.
"Military parent" means a natural parent or adoptive parent of a child under the age of eighteen whose parental rights have not been terminated by a court of competent jurisdiction.
§48-1-233.4. Military service or service defined.

(a) In the case of a parent who is a member of the Army, Navy, Air Force, Marine Corps, Coast Guard, or a Reserve component of these services, "military service or service" means a deployment for combat operations, a contingency operation, or a natural disaster based on orders that do not permit a family member to accompany the member on the deployment.
(b) In the case of a parent who is a member of the National Guard, "military service or service" means service under a call to active service authorized by the President of the United States or the Secretary of Defense for a period of more than thirty consecutive days pursuant to 32 U.S.C. 502(f) for purposes of responding to a national emergency declared by the President and supported by federal funds.
(c) "Military service or service" includes a period during which a military parent remains subject to deployment orders and remains deployed on account of sickness, wounds, leave or other lawful cause.
ARTICLE 9. ALLOCATION OF CUSTODIAL RESPONSIBILITY AND DECISION-MAKING RESPONSIBILITY OF CHILDREN.

PART 4. MODIFICATION OF PARENTING PLAN.

§48-9-404. Modification of a parenting plan due to military service.

(a) If a military parent is required to be separated from a child due to military service, a court shall not enter a final order modifying the terms of an existing parenting plan until ninety days after the military parent is released from military service. A military parent's absence or relocation because of military service must not be the sole factor supporting a change in circumstance or grounds sufficient to support a permanent modification of an existing parenting plan.
(b) A parenting plan establishing the terms of custody or visitation in place at the time a military parent is called to military service may be temporarily modified to make reasonable accommodation for the parties because of the military parent's service.
(c) A temporary parenting plan pursuant to this section must provide that the military parent has custodial responsibility of the child during a period of leave granted to the military parent during their military service. If a temporary parenting plan is not issued pursuant to this section, the nonmilitary custodial parent shall make the child or children reasonably available to the military parent when the military parent has leave to ensure that the military parent has reasonable custodial responsibility and is able to exercise custodial responsibility of the child or children.
(d) If there is no existing parenting plan or order establishing the terms of custody or visitation and it appears that military service is imminent, upon motion by either parent, the court shall expedite a temporary hearing to establish a temporary parenting plan to ensure the military parent has access to the child, to establish support, and provide other appropriate relief.
ARTICLE 11. SUPPORT OF CHILDREN.
§48-11-106. Expedited process for modification.

(a) An expedited process for modification of a child support order may be utilized if:
(1) Either parent experiences a substantial change of circumstances resulting in a decrease in income due to loss of employment or other involuntary cause;
(2) An increase in income due to promotion, change in employment or reemployment; or
(3) Other such change in employment status; or
(4) If a military parent is called to military service
.
(b) The party seeking the recalculation of support and modification of the support order shall file a description of the decrease or increase in income and an explanation of the cause of the decrease or increase on a standardized form to be provided by the secretary-clerk or other employee of the family court. The standardized form shall be verified by the filing party. Any available documentary evidence shall be filed with the standardized form. Based upon the filing and information available in the case record, the amount of support shall be tentatively recalculated.
(c) The secretary-clerk shall serve a notice of the filing, a copy of the standardized form and the support calculations upon the other party by certified mail, return receipt requested, with delivery restricted to the addressee, in accordance with rule 4(d)(1)(D) of the West Virginia rules of civil procedure. The secretary-clerk shall also mail a copy, by first-class mail, to the local office of the bureau for child support enforcement for the county in which the family court is located in the same manner as original process under rule 4(d) of the rules of civil procedure.
(d) The notice shall fix a date fourteen days from the date of mailing and inform the party that unless the recalculation is contested and a hearing request is made on or before the date fixed, the proposed modification will be made effective. If the filing is contested, the proposed modification shall be set for hearing; otherwise, the court shall enter an order for a judgment by default. Either party may move to set aside a judgment by default, pursuant to the provisions of rule 55 or rule 60(b) of the rules of civil procedure.
(e) If an obligor uses the provisions of this section to expeditiously reduce his or her child support obligation, the order that effected the reduction shall also require the obligor to notify the obligee of reemployment, new employment or other such change in employment status that results in an increase in income. If an obligee uses the provisions of this section to expeditiously increase his or her child support obligation, the order that effected the increase shall also require the obligee to notify the obligor of reemployment, new employment or other such change in employment status that results in an increase in income of the obligee.
(f) The supreme court of appeals shall develop the standardized form required by this section.
§48-11-108. Modification of support based on military service.
(a) If a military parent is called to military service, either parent may file a notice of activation of military service and a request for an expedited modification of a support order pursuant to section one hundred six of this article. In the petition, the parent must cite the basis for modifying the support order and the military parent's change in financial circumstances supporting the petition.
(b) The court shall temporarily modify the amount of child support for the duration of the military parent's military service pursuant to the provisions of section fifteen of this article if there is a substantial change in circumstances based upon changes in income and earning capacity of the military parent during military service. An increase or decrease in income or earning capacity of a military parent due to military service may only be used to calculate support during the period of military service and must not be considered a permanent increase or decrease in income or earning capacity. The effective date for a temporary modification must be the date the military parent begins military service.
(c) Upon return from military service, the military parent's child support obligation prior to a temporary modification is automatically reinstated, effective on the date the military parent is released from service. Within ninety days of the military parent's release from service, either parent may make a request for a modification of child support to correspond to a change in the military parent's nonservice related income or earning capacity. A modification of child support must be based solely upon the income or earning capacity the military parent has following his or her period of military service.
On motion of Senator Palumbo, the following amendment to the Military committee amendment to the bill (Eng. Com. Sub. for H. B. No. 2694) was reported by the Clerk and adopted:
On page three, section four hundred four, by striking out all of subsection (c) and inserting in lieu thereof a new subsection (c), to read as follows:
(c) A temporary parenting plan pursuant to this section shall provide that the military parent has at least substantial custodial responsibility of the child during a period of leave granted to the military parent during their military service, unless the court determines that it is not in the best interest of the child. If a temporary parenting plan is not issued pursuant to this section, the nonmilitary custodial parent shall make the child or children reasonably available to the military parent when the military parent has leave to ensure that the military parent has reasonable custodial responsibility and is able to exercise custodial responsibility of the child or children.
The question now being on the adoption of the Military committee amendment to the bill, as amended, the same was put and prevailed.
The bill (Eng. Com. Sub. for H. B. No. 2694), as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: Barnes--1.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2694) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2694) passed.
The following amendment to the title of the bill, from the Committee on Military, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2694--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §48-1-233.3 and §48-1-233.4; to amend said code by adding thereto a new section, designated §48-9-404; to amend and reenact §48-11-106 of said code; and to amend said code by adding thereto a new section, designated §48-11-108, all relating to modifying custodial rights and child support for a parent who has been deployed for military service; providing definitions; modifying the terms of a parenting plan; requiring that any order is only a temporary order; providing for temporary modification of child support during the military service; requiring an expedited process for modification of a child support order; reinstating the child support obligation in place prior to the parent's military service upon release from service; and requiring that a further modification of child support be based solely on the income and earning capacity the parent has after the military service.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2719, Relating to the sale and distribution of craft beer.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2737, Authorizing the Administrative Director of the Supreme Court of Appeals to hire regional or specialized probation officers.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2739, Enhancing the service and enforcement of domestic violence protective orders issued by state courts.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §48-27-505, §48-27-701, §48-27-902, §48-27-903 and §48-27-1002 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto two new sections, designated §48-27-1003 and §48-27-1004, all to read as follows:
ARTICLE 27. PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE.

§48-27-505. Time period a protective order is in effect; extension of order; notice of order or extension.

(a) Except as otherwise provided in subsection (d), section four hundred one of this article, a protective order, entered by the family court pursuant to this article, is effective for either ninety days or one hundred eighty days, in the discretion of the court. If the court enters an order for a period of ninety days, upon receipt of a written request from the petitioner prior to the expiration of the ninety-day period, the family court shall extend its order for an additional ninety-day period.
(b) To be effective, a written request to extend an order from ninety days to one hundred eighty days must be submitted to the court prior to the expiration of the original ninety-day period. A notice of the extension shall be sent by the clerk of the court to the respondent by first-class mail, addressed to the last known address of the respondent as indicated by the court file. The extension of time is effective upon mailing of the notice.
(c) Certified copies of any order entered or extension notice made under the provisions of this section shall be served upon the respondent by first class mail, addressed to the last known address of the respondent as indicated by the court file, and delivered to the petitioner and any law-enforcement agency having jurisdiction to enforce the order, including the city police, the county sheriff's office or local office of the West Virginia State Police within twenty-four hours of the entry of the order. The protective order shall be in full force and effect in every county of this state.
(d) The family court may modify the terms of a protective order upon motion of either party.
(e) The clerk of the circuit court shall cause a copy of any protective order entered by the family court pursuant to the provisions of this article or pursuant to the provisions of chapter forty-eight of this code to be forwarded to the magistrate or magistrate court clerk and the magistrate or magistrate court clerk shall forward a copy of the protective order to the appropriate state and federal agency agencies for registration of domestic violence offenders as required by state and federal law.
§48-27-701. Service of pleadings and orders by law-enforcement officers.

Notwithstanding any other provision of this code to the contrary, all law-enforcement officers are hereby authorized to serve all pleadings and orders filed or entered pursuant to this article on Sundays and legal holidays. No law-enforcement officer shall refuse to serve any pleadings or orders entered pursuant to this article. Law enforcement shall attempt to serve all protective orders without delay: Provided, That service of process shall be attempted within seventy-two hours of law enforcement's receipt of the order. If service is not made, law enforcement shall continue to attempt service on the respondent until proper service is made.
§48-27-902. Violations of protective orders; criminal complaints.
(a) Any person authorized to file a petition pursuant to section three hundred five of this article, and any person authorized to file a petition for civil contempt pursuant to section nine hundred one of this article may file a criminal complaint:
(1) Against a respondent who knowingly and willfully violates a provision of an emergency or final protective order entered pursuant to:
(A) subsection (a) or (b) of section five hundred two of this article;
(B) if the court has ordered such relief; subsection (2), (7) or (9) of section five hundred three of this article;
(C) subsection (b) or (c) of section five hundred nine, article five of this chapter; or
(D) subsection (b) or (c) of section six hundred eight, article five of this chapter;.
(2) Against a person who violates a condition of bail, probation or parole which has the express intent or effect of protecting the personal safety of a particular person or persons;
(3) Against a respondent who knowingly and willfully violates the terms of a protection order from another jurisdiction that is required to be enforced pursuant to section three, article twenty- eight of this chapter; or
(4) Against a person who, in violation of subdivision (3), subsection (a), section seven, article twenty-eight of this chapter, knowingly and willfully violates the terms of a condition of bail, probation or parole imposed in another state which has the express intent or effect of protecting the personal safety of a particular person or persons.
(b) If the court finds probable cause upon the complaint, the court shall issue a warrant for the arrest of the person charged.
§48-27-903. Misdemeanor offenses for violation of protective order, repeat offenses, penalties.

(a) Any person who knowingly and willfully violates:
(1) a provision of an emergency or final protective order entered pursuant to: (A) subsection (a) or (b) of section five hundred two of this article; (B) if the court has ordered such relief; subsection (2), (7) or (9) of section five hundred three of this article; (C) subsection (b) or (c) of section five hundred nine, article five of this chapter; or (D) subsection (b) or (c) of section six hundred eight, article five of this chapter; or
(2) a condition of bail, probation or parole which has the express intent or effect of protecting the personal safety of a particular person or persons; is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for a period of not less than one day nor more than one year, which jail term shall include actual confinement of not less than twenty-four hours, and shall be fined not less than $250 nor more than $2,000.
(b) Any person who is convicted of a second or subsequent offense under subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than three months nor more than one year, which jail term shall include actual confinement of not less than twenty-four hours, and fined not less than $500 nor more than $3,000, or both.
§48-27-1002. Arrest in domestic violence matters; conditions.
(a) Notwithstanding any provision of this code to the contrary, if a person is alleged to have committed a violation of the provisions of subsection (a) or (b), section twenty-eight, article two, chapter sixty-one of this code against a family or household member, in addition to any other authority to arrest granted by this code, a law-enforcement officer has authority to arrest that person without first obtaining a warrant if:
(1) The law-enforcement officer has observed credible corroborative evidence that an offense has occurred; and either:
(2) The law-enforcement officer has received, from the victim or a witness, an oral or written allegation of facts constituting a violation of section twenty-eight, article two, chapter sixty-one of this code; or
(3) The law-enforcement officer has observed credible evidence that the accused committed the offense.
(b) For purposes of this section, credible corroborative evidence means evidence that is worthy of belief and corresponds to the allegations of one or more elements of the offense and may include, but is not limited to, the following:
(1) Condition of the alleged victim. -- One or more contusions, scratches, cuts, abrasions, or swellings; missing hair; torn clothing or clothing in disarray consistent with a struggle; observable difficulty in breathing or breathlessness consistent with the effects of choking or a body blow; observable difficulty in movement consistent with the effects of a body blow or other unlawful physical contact.
(2) Condition of the accused. -- Physical injury or other conditions similar to those set out for the condition of the victim which are consistent with the alleged offense or alleged acts of self-defense by the victim.
(3) Condition of the scene. -- Damaged premises or furnishings; disarray or misplaced objects consistent with the effects of a struggle.
(4) Other conditions. -- Statements by the accused admitting one or more elements of the offense; threats made by the accused in the presence of an officer; audible evidence of a disturbance heard by the dispatcher or other agent receiving the request for police assistance; written statements by witnesses.
(c) Whenever any person is arrested pursuant to subsection (a) of this section, the arrested person shall be taken before a magistrate within the county in which the offense charged is alleged to have been committed in a manner consistent with the provisions of Rule 1 of the Administrative Rules for the Magistrate Courts of West Virginia.
(d) If an arrest for a violation of subsection (c), section twenty-eight, article two, chapter sixty-one of this code is authorized pursuant to this section, that fact constitutes prima facie evidence that the accused constitutes a threat or danger to the victim or other family or household members for the purpose of setting conditions of bail pursuant to section seventeen-c, article one-c, chapter sixty-two of this code.
(e) Whenever any person is arrested pursuant to the provisions of this article or for a violation of an order issued pursuant article five, section five hundred nine, the arresting officer, subject to the requirements of the Constitutions of this State and of the United States:
(1) Shall seize all weapons that are alleged to have been involved or threatened to be used in the commission of domestic violence; and
(2) May seize a weapon that is in plain view of the officer or was discovered pursuant to a consensual search, as necessary for the protection of the officer or other persons; and
(3) May seize all weapons that are possessed in violation of a valid protective order.
§48-27-1003. Nonjudicial enforcement of order.
(a) A law-enforcement officer of this state, upon determining that there is probable cause to believe that a valid protective order exists and that the order has been violated, shall enforce the order pursuant to any authority to arrest under the code. Presentation of a protective order that identifies both the protected individual and the respondent and that appears, on its face, to be authentic and currently in effect constitutes probable cause to believe that a valid protective order exists. For the purposes of this section, the protective order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a protective order is not required for enforcement.
(b) If a protective order is not presented, a law-enforcement officer of this state may consider other credible information in determining whether there is probable cause to believe that a valid protective order exists.
(c) If a law-enforcement officer of this state determines that an otherwise valid protective order cannot be enforced because the respondent has not been notified of or served with the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent and allow the respondent a reasonable opportunity to comply with the order before enforcing the order.
§48-27-1004. Immunity.
This state or a local governmental agency, or a law-enforcement officer, prosecuting attorney, clerk of court or any state or local governmental official acting in an official capacity, is immune from civil and criminal liability for an act or omission arising out of the enforcement of a protective order or the detention or arrest of an alleged violator of a protective order if the act or omission was done in good faith in an effort to comply with this article.
The bill (Eng. Com. Sub. for H. B. No. 2739), as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: Barnes--1.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2739) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2739) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2739--A Bill to amend and reenact §48-27-505, §48-27-701, §48-27-902, §48-27-903 and §48-27-1002 of the Code of West Virginia, 1931, as amended; and to amend said code by adding two new sections, designated §48-27-1003 and §48-27-1004, all relating to revising and expanding the procedures and methods for service, enforcement, and registration of domestic violence protective orders; requiring circuit court clerks to forward copies of protective orders to magistrates or magistrate court clerks; requiring magistrates or magistrate court clerks to forward copies of protective orders to state and federal agencies; requiring law enforcement to attempt service of protective orders within seventy-two hours of receipt of order; authorizing certain persons to file a criminal complaint for violation of a protective order; providing a criminal penalty for violation of a protective order; authorizing the seizure of weapons possessed in violation of a protective order; authorizing nonjudicial enforcement and service of state protective orders; and providing civil and criminal immunity to government officials for acts or omissions arising out of enforcement of a protective order, or the detention or arrest of an alleged violator of a protective order, if the official acted in a good faith effort to comply with the statutes related to the prevention and treatment of domestic violence.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2771, Relating to the West Virginia Alcohol and Drug-Free Workplace Act.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §21-1D-2 and §21-1D-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto two new sections, designated §21-1D-5a and §21- 1D-7b, all to read as follows:
ARTICLE 1D. WEST VIRGINIA ALCOHOL AND DRUG-FREE WORKPLACE ACT.
§21-1D-2. Definitions.

(a) The term "alcohol test" means a procedure conducted to determine if an individual is under the influence of alcohol.
(b) The term "construction", as used in this article, means any construction, reconstruction, improvement, enlargement, painting, decorating or repair of any public improvement let to contract the value of which contract is over $100,000. The term "construction" does not include temporary or emergency repairs.
(c) The term "contractor" means any employer working on a public improvement without regard to whether they are serving as the prime or subcontractor to another.
(d) The term "drug test" means a procedure using at least a nine-panel drug screen in urine specimens that are collected from individuals for the purpose of scientifically analyzing the specimens to determine if the individual ingested, was injected or otherwise exposed to a drug of abuse.
(e) The term "drug of abuse" means any substance listed under subsection (h) of this section and any other substance the employer chooses to test for.
(f) The term "employee" means a laborer, mechanic or other worker. For the purposes of this article, employee does not include such those persons as are employed or hired directly by a public authority on a regular or temporary basis engaged exclusively in making temporary or emergency repairs. Furthermore, employee does not include such those persons employed by a contractor who does not work in public improvement construction.
(g) The term "medical review officer" means a physician who holds a certificate authorizing them to practice medicine and surgery or osteopathic medicine and surgery, has knowledge of substance abuse disorders, has the appropriate medical training to interpret and evaluate positive drug and alcohol test results together with a person's medical history and other relevant biomedical information, has successfully completed qualification training as outlined in the Code of Federal Regulations at 49 C.F.R. Part 40 §121 (c) and has passed an exam administered by a nationally recognized medical review officer certification board or subspecialty board for medical practitioners in the field of medical review of federally mandated drug testing.
(h) The term "nine-panel drug screen" means a drug-testing program that tests for marijuana, cocaine, opiates including hydromorphone, oxycodone, hydrocodone, phencyclidine, amphetamines, barbiturates, benzodiazepines, methadone and propoxyphene at the substance screening and confirmation limits where provided under federally mandated drug and alcohol testing programs or otherwise accepted as the industry standard.
(i) The term "preemployment drug test" means a drug test taken within the preceding twelve months from employment or seven days after hire.
(i) (j) The term "public authority", as used in this article, means any officer, board or commission or other agency of the State of West Virginia, its counties or municipalities or any political subdivision thereof, authorized by law to enter into a contract for the construction of a public improvement, including any institution supported, in whole or in part, by public funds of the State of West Virginia and this article applies to expenditures of these institutions made, in whole or in part, from public funds.
(j) (k) The term "public improvement", as used in this article, includes all buildings, roads, highways, bridges, streets, alleys, sewers, ditches, sewage disposal plants, waterworks, airports and all other structures upon which construction may be let to contract by the State of West Virginia, its counties or municipalities or any political subdivision thereof.
(k) (l) The term "random drug testing" means a procedure in which employees who perform safety-sensitive tasks are selected to undergo a drug test by a statistically valid random selection method without prearrangement or planning.
(l) (m) The term "reasonable cause" means a belief based on facts and inferences based primarily upon, but not limited to: (1) Observable phenomena, such as direct observation of use, possession or distribution of alcohol or a controlled substance drug of abuse, or of the physical symptoms of being under the influence of alcohol or a controlled substance drug of abuse, such as, but not limited to, slurred speech, dilated pupils, odor of an alcoholic beverage or a controlled substance drug of abuse, changes in affect or dynamic mood swings; (2) a pattern of abnormal conduct, erratic or aberrant behavior or deteriorating work performance such as frequent absenteeism, excessive tardiness or recurrent accidents, that appears to be related to the use of alcohol or a controlled substance drug of abuse and does not appear to be attributable to other factors; (3) the identification of an employee as the focus of a criminal investigation into unauthorized possession, use or trafficking of a controlled substance drug of abuse; (4) a report of use of alcohol or a controlled substance drug of abuse provided by a reliable and credible source; and (5) repeated or flagrant violations of the safety or work rules of the employee's employer, that are determined by the employee's supervisor to pose a substantial risk of physical injury or property damage and that appears to be related to the use of alcohol or a controlled substance drug of abuse and that does not appear attributable to other factors.
(m) (n) The term "safety-sensitive duty" means any task or duty fraught with such risks of injury to the employee or others that even a momentary lapse of attention or judgment, or both, can lead to serious bodily harm or death.
(n) (o) The term "under the influence of alcohol" means a concentration of eight hundredths of one percent or more by weight of alcohol in an individual's blood or a concentration of eight hundredths of one gram or more by weight of alcohol per two hundred ten liters of an individual's breath.
§21-1D-5a. Drug-free workplace policy not applicable to workers required to follow federal Department of Transportation drug testing guidelines.

In instances where a worker is required by law to follow United States Department of Transportation drug testing guidelines, no additional drug tests are required under this article.
§21-1D-7b. Contractor to provide certified drug-free workplace report.

No less than once per year, or upon completion of the project, every contractor shall provide a certified report to the public authority which let the contract. The report shall include:
(1) Information to show that the education and training service to the requirements of section five of this article was provided;
(2) The name of the laboratory certified by the United States Department of Health and Human Services or its successor that performs the drug tests pursuant to this article;
(3) The average number of employees in connection with the construction on the public improvement;
(4) Drug test results for the following categories including the number of positive tests and the number of negative tests:
(A) Preemployment and new hires;
(B) Reasonable suspicion;
(C) Post-accident;
(D) Random.
§21-1D-8. Penalties for violation of this article.
(a) Any contractor who violates any provision of this article is, for the first offense, guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000; for the second offense, the person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000; for the third or any subsequent offense within the preceding five years , the person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $5,000 nor more than $25,000 and the contractor shall be excluded from bidding any additional new public improvement projects for a period of one year.
(b) Any person who directly or indirectly aids, requests or authorizes any other person to violate any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $250.
On motion of Senator Caruth, the following amendment to the Judiciary committee amendment to the bill (Eng. Com. Sub. for H. B. No. 2771) was reported by the Clerk:
On page one, section two, subsection (c), after the word "employer" by inserting the words "with fifteen or more employees".
Following discussion,
The question being on the adoption of Senator Caruth's amendment to the Judiciary committee amendment to the bill, the same was put and did not prevail.
On motion of Senator Caruth, the following amendments to the Judiciary committee amendment to the bill (Eng. Com. Sub. for H. B. No. 2771) were next reported by the Clerk and considered simultaneously:
On page three, section two, subsection (j), after the word "Virginia" by striking out the comma and the words "its counties or municipalities or any political subdivision thereof,";
And,
On pages three and four, section two, subsection (k), after the word "Virginia" by striking out the comma and the words "its counties or municipalities or any political subdivision thereof".
The question being on the adoption of Senator Caruth's amendment to the Judiciary committee amendment to the bill, the same was put and did not prevail.
The question now being on the adoption of the Judiciary committee amendment to the bill, the same was put and prevailed.
The bill (Eng. Com. Sub. for H. B. No. 2771), as amended, was then ordered to third reading.
Eng. House Bill No. 2801, Updating language and making technical changes and clarifications of the West Virginia Board of Medicine.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2819, Authorizing miscellaneous agencies and boards to promulgate legislative rules.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
On page twenty, section seven, line twenty-seven, after the word "authorized" by changing the period to a comma and adding the following: with the following amendment:
On page twenty, section seven, line twenty-seven, by striking out "3" and inserting in lieu thereof "13";
And,
On pages one and two, section seven, by striking out all of subsection 1.5.
The bill (Eng. Com. Sub. for H. B. No. 2819), as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: Barnes--1.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2819) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2819) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2819) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 2841, Extending the time for the city council of Richwood to meet as a levying body.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2860, Regulating the sequestration and storage of carbon dioxide.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Kessler, as chair of the Committee on the Judiciary, and by unanimous consent, the unreported Judiciary committee amendment to the bill was withdrawn.
Thereafter, the bill (Eng. Com. Sub. for H. B. No. 2860) was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2869, Lengthening the time frame for the filing of post-primary and post general campaign financial statements.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 2913, Relating to the Statewide Independent Living Council.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2999, Relating to the Streamlined Sales and Use Tax Agreement and the West Virginia consumers sales and service tax and use tax.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 3011, Repealing the section of code relating to limitation on political activity of officers or employees in the administration of the Vocational Rehabilitation Program.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 3017, Exempting from the consumers sales and service tax and use tax any sales of donated clothing or clothing accessories.
On second reading, coming up in regular order, was read a second time.
On motion of Senator McCabe, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page two, after section nine-l, by adding the provisions of Engrossed Senate Bill No. 645;
And,
By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That §11-8-6e of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §11-15-9l, all to read as follows:.
The bill (Eng. Com. Sub. for H. B. No. 3017), as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: Barnes--1.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 3017) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 3017) passed.
On motion of Senator McCabe, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 3017--A Bill to amend and reenact §11-8-6e of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-15-9l, relating to clarifying in the code that a municipality or county issuing bonds approved by an election pursuant to article one, chapter thirteen of said code is not subject to the restriction described in subsection (c), section six-e, article eight, chapter eleven of said code; exempting tax-exempt organizations engaged in retail sales of clothing and clothing accessories from the consumers sales tax; and authorizing the Tax Commissioner to designate the exemption as a per se exemption, thus exemption certificates would not be required.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 3063, Relating to hunting, tagging and reporting bear.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 3146, Relating to seniority rights for school service personnel.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Education, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §18A-4-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §18A-4-8a of said code be amended and reenacted; that §18A-4-8b of said code be amended and reenacted; and that §18A-4-17 of said code be amended and reenacted, all to read as follows:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.

§18A-4-8. Employment term and class titles of service personnel; definitions.

(a) The purpose of this section is to establish an employment term and class titles for service personnel. The employment term for service personnel may not be less than ten months. A month is defined as twenty employment days. Provided, That The county board may contract with all or part of these service personnel for a longer term. The beginning and closing dates of the ten-month employment term may not exceed forty-three weeks.
(b) Service personnel employed on a yearly or twelve-month basis may be employed by calendar months. Whenever there is a change in job assignment during the school year, the minimum pay scale and any county supplement are applicable apply.
(c) Service personnel employed in the same classification for more than the two hundred day minimum employment term shall be are paid for additional employment at a daily rate of not less than the daily rate paid for the two hundred day minimum employment term.
(d) A service person may not be required to report for work more than five days per week without his or her agreement, and no part of any working day may be accumulated by the employer for future work assignments, unless the employee agrees thereto.
(e) If a service person whose regular work week is scheduled from Monday through Friday agrees to perform any work assignments on a Saturday or Sunday, the service person shall be is paid for at least one-half day of work for each day he or she reports for work. If the service person works more than three and one-half hours on any Saturday or Sunday, he or she shall be paid for at least a full day of work for each day.
(f) A custodian, aide, maintenance, office and school lunch service person required to work a daily work schedule that is interrupted shall be is paid additional compensation.
(1) A maintenance person is defined as a person who holds a classification title other than in a custodial, aide, school lunch, office or transportation category as provided in section one, article one of this chapter.
(2) A service person's schedule is considered to be interrupted if he or she does not work a continuous period in one day. Aides are not regarded as working an interrupted schedule when engaged exclusively in the duties of transporting students;
(3) The additional compensation provided for in this subsection:
(A) Is equal to at least one eighth of a service person's total salary as provided by the state minimum pay scale and any county pay supplement; and
(B) Is payable entirely from county board funds.
(g) When there is a change in classification or when a service person meets the requirements of an advanced classification, his or her salary shall be made to comply with the requirements of this article and any county salary schedule in excess of the minimum requirements of this article, based upon the service person's advanced classification and allowable years of employment.
(h) A service person's, contract as provided in section five, article two of this chapter, shall state the appropriate monthly salary the employee is to be paid, based on the class title as provided in this article and on any county salary schedule in excess of the minimum requirements of this article.
(i) The column heads of the state minimum pay scale and class titles, set forth in section eight-a of this article, are defined as follows:
(1) "Pay grade" means the monthly salary applicable to class titles of service personnel;
(2) "Years of employment" means the number of years which an employee classified as a service person has been employed by a county board in any position prior to or subsequent to the effective date of this section and includes service in the armed forces of the United States, if the employee was employed at the time of his or her induction. For the purpose of section eight-a of this article, years of employment is limited to the number of years shown and allowed under the state minimum pay scale as set forth in section eight-a of this article;
(3) "Class title" means the name of the position or job held by a service person;
(4) "Accountant I" means a person employed to maintain payroll records and reports and perform one or more operations relating to a phase of the total payroll;
(5) "Accountant II" means a person employed to maintain accounting records and to be responsible for the accounting process associated with billing, budgets, purchasing and related operations;
(6) "Accountant III" means a person employed in the county board office to manage and supervise accounts payable, payroll procedures, or both;
(7) "Accounts payable supervisor" means a person employed in the county board office who has primary responsibility for the accounts payable function and who either has completed twelve college hours of accounting courses from an accredited institution of higher education or has at least eight years of experience performing progressively difficult accounting tasks. Responsibilities of this class title may include supervision of other personnel;
(8) "Aide I" means a person selected and trained for a teacher-aide classification such as monitor aide, clerical aide, classroom aide or general aide;
(9) "Aide II" means a service person referred to in the "Aide I" classification who has completed a training program approved by the State Board, or who holds a high school diploma or has received a general educational development certificate. Only a person classified in an Aide II class title may be employed as an aide in any special education program;
(10) "Aide III" means a service person referred to in the "Aide I" classification who holds a high school diploma or a general educational development certificate; and
(A) Has completed six semester hours of college credit at an institution of higher education; or
(B) Is employed as an aide in a special education program and has one year's experience as an aide in special education;
(11) "Aide IV" means a service person referred to in the "Aide I" classification who holds a high school diploma or a general educational development certificate; and
(A) Has completed eighteen hours of State Board-approved college credit at a regionally accredited institution of higher education, or
(B) Has completed fifteen hours of State Board-approved college credit at a regionally accredited institution of higher education; and has successfully completed an in-service training program determined by the State Board to be the equivalent of three hours of college credit;
(12) "Audiovisual technician" means a person employed to perform minor maintenance on audiovisual equipment, films, and supplies and who fills requests for equipment;
(13) "Auditor" means a person employed to examine and verify accounts of individual schools and to assist schools and school personnel in maintaining complete and accurate records of their accounts;
(14) "Autism mentor" means a person who works with autistic students and who meets standards and experience to be determined by the State Board. A person who has held or holds an aide title and becomes employed as an autism mentor shall hold a multiclassification status that includes both aide and autism mentor titles, in accordance with section eight-b of this article;
(15) "Braille or sign language specialist" means a person employed to provide braille and/or sign language assistance to students. A service person who has held or holds an aide title and becomes employed as a braille or sign language specialist shall hold a multiclassification status that includes both aide and braille or sign language specialist title, in accordance with section eight-b of this article;
(16) "Bus operator" means a person employed to operate school buses and other school transportation vehicles as provided by the State Board;
(17) "Buyer" means a person employed to review and write specifications, negotiate purchase bids and recommend purchase agreements for materials and services that meet predetermined specifications at the lowest available costs;
(18) "Cabinetmaker" means a person employed to construct cabinets, tables, bookcases and other furniture;
(19) "Cafeteria manager" means a person employed to direct the operation of a food services program in a school, including assigning duties to employees, approving requisitions for supplies and repairs, keeping inventories, inspecting areas to maintain high standards of sanitation, preparing financial reports and keeping records pertinent to food services of a school;
(20) "Carpenter I" means a person classified as a carpenter's helper;
(21) "Carpenter II" means a person classified as a journeyman carpenter;
(22) "Chief mechanic" means a person employed to be responsible for directing activities which ensure that student transportation or other county board-owned vehicles are properly and safely maintained;
(23) "Clerk I" means a person employed to perform clerical tasks;
(24) "Clerk II" means a person employed to perform general clerical tasks, prepare reports and tabulations and operate office machines;
(25) "Computer operator" means a qualified person employed to operate computers;
(26) "Cook I" means a person employed as a cook's helper;
(27) "Cook II" means a person employed to interpret menus and to prepare and serve meals in a food service program of a school. This definition includes a service person who has been employed as a "Cook I" for a period of four years;
(28) "Cook III" means a person employed to prepare and serve meals, make reports, prepare requisitions for supplies, order equipment and repairs for a food service program of a school system;
(29) "Crew leader" means a person employed to organize the work for a crew of maintenance employees to carry out assigned projects;
(30) "Custodian I" means a person employed to keep buildings clean and free of refuse;
(31) "Custodian II" means a person employed as a watchman or groundsman;
(32) "Custodian III" means a person employed to keep buildings clean and free of refuse, to operate the heating or cooling systems and to make minor repairs;
(33) "Custodian IV" means a person employed as a head custodians custodian. In addition to providing services as defined in "custodian III," duties may include supervising other custodian personnel;
(34) "Director or coordinator of services" means an employee of a county board who is assigned to direct a department or division.
(A) Nothing in this subdivision prohibits a professional person or a professional educator from holding this class title;
(B) Professional personnel holding this class title may not be defined or classified as service personnel unless the professional person held a service personnel title under this section prior to holding the class title of "director or coordinator of services."
(C) The director or coordinator of services shall be classified either as a professional person or a service person for state aid formula funding purposes; and
(D) Funding for the position of director or coordinator of services is based upon the employment status of the director or coordinator either as a professional person or a service person;
(35) "Draftsman" means a person employed to plan, design and produce detailed architectural/engineering drawings;
(36) "Electrician I" means a person employed as an apprentice electrician helper or one who holds an electrician helper license issued by the state fire marshal;
(37) "Electrician II" means a person employed as an electrician journeyman or one who holds a journeyman electrician license issued by the state fire marshal;
(38) "Electronic technician I" means a person employed at the apprentice level to repair and maintain electronic equipment;
(39) "Electronic technician II" means a person employed at the journeyman level to repair and maintain electronic equipment;
(40) "Executive secretary" means a person employed as secretary to the county school superintendent or as a secretary who is assigned to a position characterized by significant administrative duties;
(41) "Food services supervisor" means a qualified person who is not a professional person or professional educator as defined in section one, article one of this chapter. The food services supervisor is employed to manage and supervise a county school system's food service program. The duties include preparing in-service training programs for cooks and food service employees, instructing personnel in the areas of quantity cooking with economy and efficiency and keeping aggregate records and reports;
(42) "Foreman" means a skilled person employed to supervise personnel who work in the areas of repair and maintenance of school property and equipment;
(43) "General maintenance" means a person employed as a helper to skilled maintenance employees and to perform minor repairs to equipment and buildings of a county school system;
(44) "Glazier" means a person employed to replace glass or other materials in windows and doors and to do minor carpentry tasks;
(45) "Graphic artist" means a person employed to prepare graphic illustrations;
(46) "Groundsman" means a person employed to perform duties that relate to the appearance, repair and general care of school grounds in a county school system. Additional assignments may include the operation of a small heating plant and routine cleaning duties in buildings;
(47) "Handyman" means a person employed to perform routine manual tasks in any operation of the county school system;
(48) "Heating and air conditioning mechanic I" means a person employed at the apprentice level to install, repair and maintain heating and air conditioning plants and related electrical equipment;
(49) "Heating and air conditioning mechanic II" means a person employed at the journeyman level to install, repair and maintain heating and air conditioning plants and related electrical equipment;
(50) "Heavy equipment operator" means a person employed to operate heavy equipment;
(51) "Inventory supervisor" means a person employed to supervise or maintain operations in the receipt, storage, inventory and issuance of materials and supplies;
(52) "Key punch operator" means a qualified person employed to operate key punch machines or verifying machines;
(53) "Licensed practical nurse" means a nurse, licensed by the West Virginia Board of Examiners for Licensed Practical Nurses, employed to work in a public school under the supervision of a school nurse;
(54) "Locksmith" means a person employed to repair and maintain locks and safes;
(55) "Lubrication man" means a person employed to lubricate and service gasoline or diesel-powered equipment of a county school system;
(56) "Machinist" means a person employed to perform machinist tasks which include the ability to operate a lathe, planer, shaper, threading machine and wheel press. A person holding this class title also should have the ability to work from blueprints and drawings;
(57) "Mail clerk" means a person employed to receive, sort, dispatch, deliver or otherwise handle letters, parcels and other mail;
(58) "Maintenance clerk" means a person employed to maintain and control a stocking facility to keep adequate tools and supplies on hand for daily withdrawal for all school maintenance crafts;
(59) "Mason" means a person employed to perform tasks connected with brick and block laying and carpentry tasks related to these activities;
(60) "Mechanic" means a person employed to perform skilled duties independently in the maintenance and repair of automobiles, school buses and other mechanical and mobile equipment to use used in a county school system;
(61) "Mechanic assistant" means a person employed as a mechanic apprentice and helper;
(62) "Multiclassification" means a person employed to perform tasks that involve the combination of two or more class titles in this section. In these instances the minimum salary scale shall be is the higher pay grade of the class titles involved;
(63) "Office equipment repairman I" means a person employed as an office equipment repairman apprentice or helper;
(64) "Office equipment repairman II" means a person responsible for servicing and repairing all office machines and equipment. A person holding this class title is responsible for the purchase of parts necessary for the proper operation of a program of continuous maintenance and repair;
(65) "Painter" means a person employed to perform duties painting, finishing and decorating wood, metal and concrete surfaces of buildings, other structures, equipment, machinery and furnishings of a county school system;
(66) "Paraprofessional" means a person certified pursuant to section two-a, article three of this chapter to perform duties in a support capacity including, but not limited to, facilitating in the instruction and direct or indirect supervision of students under the direction of a principal, a teacher or another designated professional educator.
(A) A person employed on the effective date of this section in the position of an aide may not be subject to a reduction in force or transferred to create a vacancy for the employment of a paraprofessional;
(B) A person who has held or holds an aide title and becomes employed as a paraprofessional shall hold holds a multiclassification status that includes both aide and paraprofessional titles in accordance with section eight-b of this article; and
(C) When a service person who holds an aide title becomes certified as a paraprofessional and is required to perform duties that may not be performed by an aide without paraprofessional certification, he or she shall receive the paraprofessional title pay grade;
(67) "Payroll supervisor" means a person employed in the county board office who has primary responsibility for the payroll function and who either has completed twelve college hours of accounting from an accredited institution of higher education or has at least eight years of experience performing progressively difficult accounting tasks. Responsibilities of this class title may include supervision of other personnel;
(68) "Plumber I" means a person employed as an apprentice plumber and helper;
(69) "Plumber II" means a person employed as a journeyman plumber;
(70) "Printing operator" means a person employed to operate duplication equipment, and to cut, collate, staple, bind and shelve materials as required;
(71) "Printing supervisor" means a person employed to supervise the operation of a print shop;
(72) "Programmer" means a person employed to design and prepare programs for computer operation;
(73) "Roofing/sheet metal mechanic" means a person employed to install, repair, fabricate and maintain roofs, gutters, flashing and duct work for heating and ventilation;
(74) "Sanitation plant operator" means a person employed to operate and maintain a water or sewage treatment plant to ensure the safety of the plant's effluent for human consumption or environmental protection;
(75) "School bus supervisor" means a qualified person employed to assist in selecting school bus operators and routing and scheduling school buses, operate a bus when needed, relay instructions to bus operators, plan emergency routing of buses and promote good relationships with parents, students, bus operators and other employees;
(76) "Secretary I" means a person employed to transcribe from notes or mechanical equipment, receive callers, perform clerical tasks, prepare reports and operate office machines;
(77) "Secretary II" means a person employed in any elementary, secondary, kindergarten, nursery, special education, vocational or any other school as a secretary. The duties may include performing general clerical tasks; transcribing from notes, stenotype, mechanical equipment or a sound-producing machine; preparing reports; receiving callers and referring them to proper persons; operating office machines; keeping records and handling routine correspondence. Nothing in this subdivision prevents a service person from holding or being elevated to a higher classification;
(78) "Secretary III" means a person assigned to the county board office administrators in charge of various instructional, maintenance, transportation, food services, operations and health departments, federal programs or departments with particular responsibilities in purchasing and financial control or any person who has served for eight years in a position which meets the definition of "secretary II" or "secretary III";;
(79) "Supervisor of maintenance" means a skilled person who is not a professional person or professional educator as defined in section one, article one of this chapter. The responsibilities include directing the upkeep of buildings and shops, and issuing instructions to subordinates relating to cleaning, repairs and maintenance of all structures and mechanical and electrical equipment of a county board;
(80) "Supervisor of transportation" means a qualified person employed to direct school transportation activities properly and safely, and to supervise the maintenance and repair of vehicles, buses and other mechanical and mobile equipment used by the county school system;
(81) "Switchboard operator-receptionist" means a person employed to refer incoming calls, to assume contact with the public, to direct and to give instructions as necessary, to operate switchboard equipment and to provide clerical assistance;
(82) "Technology system specialist" means a service person who has expertise in technology fields, who meets the education and certification requirements determined by the state board and who is employed by a county board to support and maintain local area networks, servers, computer workstations and other computer related systems and technologies;
(82) (83) "Truck driver" means a person employed to operate light or heavy duty gasoline and diesel-powered vehicles;
(83) (84) "Warehouse clerk" means a person employed to be responsible for receiving, storing, packing and shipping goods;
(84) (85) "Watchman" means a person employed to protect school property against damage or theft. Additional assignments may include operation of a small heating plant and routine cleaning duties;
(85) (86) "Welder" means a person employed to provide acetylene or electric welding services for a school system; and
(86) (87) "WVEIS data entry and administrative clerk" means a person employed to work under the direction of a school principal to assist the school counselor or counselors in the performance of administrative duties, to perform data entry tasks on the West Virginia Education Information System, and to perform other administrative duties assigned by the principal.
(j) Notwithstanding any provision in this code to the contrary, and in addition to the compensation provided for service personnel in section eight-a of this article, each service person is entitled to all service personnel employee rights, privileges and benefits provided under this or any other chapter of this code without regard to the employee's hours of employment or the methods or sources of compensation.
(k) A service person whose years of employment exceeds the number of years shown and provided for under the state minimum pay scale set forth in section eight-a of this article may not be paid less than the amount shown for the maximum years of employment shown and provided for in the classification in which he or she is employed.
(l) Each county board shall review each service person's job classification annually and shall reclassify all service persons as required by the job classifications. The state superintendent may withhold state funds appropriated pursuant to this article for salaries for service personnel who are improperly classified by the county boards. Further, the state superintendent shall order a county board to correct immediately any improper classification matter and, with the assistance of the attorney general, shall take any legal action necessary against any county board to enforce the order.
(m) Without his or her written consent, a service person may not be:
(1) Reclassified by class title; or
(2) Relegated to any condition of employment which would result in a reduction of his or her salary, rate of pay, compensation or benefits earned during the current fiscal year; or for which he or she would qualify by continuing in the same job position and classification held during that fiscal year and subsequent years.
(n) Any county board failing to comply with the provisions of this article may be compelled to do so by mandamus and is liable to any party prevailing against the board for court costs and the prevailing party's reasonable attorney fee, as determined and established by the court.
(o) Notwithstanding any provision of this code to the contrary, a service person who holds a continuing contract in a specific job classification and who is physically unable to perform the job's duties as confirmed by a physician chosen by the employee, shall be is given priority status over any employee not holding a continuing contract in filling other service personnel job vacancies if the service person is qualified as provided in section eight-e of this article.
(p) Any person employed in an aide position on the effective date of this section may not be transferred or subject to a reduction in force for the purpose of creating a vacancy for the employment of a licensed practical nurse.
(q) Without the written consent of the service person, a county board may not establish the beginning work station for a bus operator or transportation aide at any site other than a county board-owned facility with available parking. The workday of the bus operator or transportation aide commences at the bus at the designated beginning work station and ends when the employee is able to leave the bus at the designated beginning work station, unless he or she agrees otherwise in writing. The application or acceptance of a posted position may not be construed as the written consent referred to in this subsection.
§18A-4-8a. Service personnel minimum monthly salaries.
(a) The minimum monthly pay for each service employee whose employment is for a period of more than three and one-half hours a day shall be is at least the amounts indicated in the state minimum pay scale pay grade and the minimum monthly pay for each service employee whose employment is for a period of three and one-half hours or less a day shall be is at least one-half the amount indicated in the state minimum pay scale pay grade set forth in this section.
STATE MINIMUM PAY SCALE PAY GRADE
Years
Exp
.
PAY GRADE
  A B C D E F G H
0
1,577
1,598 1,639 1,691 1,743 1,805 1,836 1,908
1 1,609 1,630 1,671 1,723 1,775 1,837 1,868 1,940
2 1,641 1,662 1,703 1,755 1,807 1,869 1,900 1,972
3 1,673 1,694 1,735 1,787 1,839 1,901 1,932 2,004
4 1,705 1,726 1,767 1,819 1,871 1,933 1,964 2,037
5 1,737 1,758 1,799 1,851 1,903 1,965 1,996 2,069
6 1,769 1,790 1,832 1,883 1,935 1,997 2,028 2,101
7 1,802 1,822 1,864 1,915 1,967 2,029 2,060 2,133
8 1,834 1,854 1,896 1,947 1,999 2,061 2,092 2,165
9 1,866 1,886 1,928 1,980 2,031 2,093 2,124 2,197
10 1,898 1,919 1,960 2,012 2,063 2,126 2,157 2,229
11 1,930 1,951 1,992 2,044 2,095 2,158 2,189 2,261
12 1,962 1,983 2,024 2,076 2,128 2,190 2,221 2,293
13 1,994 2,015 2,056 2,108 2,160 2,222 2,253 2,325
14 2,026 2,047 2,088 2,140 2,192 2,254 2,285 2,357
15 2,058 2,079 2,120 2,172 2,224 2,286 2,317 2,389
16 2,090 2,111 2,152 2,204 2,256 2,318 2,349 2,422
17 2,122 2,143 2,185 2,236 2,288 2,350 2,381 2,454
18 2,154 2,175 2,217 2,268 2,320 2,382 2,413 2,486
19 2,187 2,207 2,249 2,300 2,352 2,414 2,445 2,518
20 2,219 2,239 2,281 2,333 2,384 2,446 2,477 2,550
21 2,251 2,271 2,313 2,365 2,416 2,478 2,509 2,582
22 2,283 2,304 2,345 2,397 2,448 2,511 2,542 2,614
23 2,315 2,336 2,377 2,429 2,481 2,543 2,574 2,646
24 2,347 2,368 2,409 2,461 2,513 2,575 2,606 2,678
25 2,379 2,400 2,441 2,493 2,545 2,607 2,638 2,710
26 2,411 2,432 2,473 2,525 2,577 2,639 2,670 2,742
27 2,443 2,464 2,505 2,557 2,609 2,671 2,702 2,774
28 2,475 2,496 2,537 2,589 2,641 2,703
2,734 2,807
29 2,507 2,528 2,570 2,621 2,673 2,735 2,766 2,839
30 2,540 2,560 2,602 2,653 2,705 2,767 2,798 2,871
31 2,572 2,592 2,634 2,685 2,737 2,799 2,830 2,903
32 2,604 2,624 2,666 2,718 2,769 2,831 2,862 2,935
33 2,636 2,656 2,698 2,750 2,801 2,863 2,895 2,967
34 2,668 2,689 2,730 2,782 2,833 2,896 2,927 2,999
35 2,700 2,721 2,762 2,814 2,866 2,928 2,959 3,031
36 2,732 2,753 2,794 2,846 2,898 2,960 2,991 3,063
37 2,764 2,785 2,826 2,878 2,930 2,992 3,023 3,095
38 2,796 2,817 2,858 2,910 2,962 3,024 3,055 3,127
39 2,828 2,849 2,890 2,942 2,994 3,056 3,087 3,159
40 2,860 2,881 2,922 2,974 3,026 3,088 3,119 3,192
(Class Title)
Pay Grade

Accountant I .................................................. D
Accountant II ................................................. E
Accountant III ................................................ F
Accounts Payable Supervisor ................................... G
Aide I ........................................................ A
Aide II ....................................................... B
Aide III ...................................................... C
Aide IV ....................................................... D
Audiovisual Technician ........................................ C
Auditor ....................................................... G
Autism Mentor ................................................. F
Braille or Sign Language Specialist ........................... E
Bus Operator .................................................. D
Buyer ......................................................... F
Cabinetmaker .................................................. G
Cafeteria Manager ............................................. D
Carpenter I ................................................... E
Carpenter II .................................................. F
Chief Mechanic ................................................ G
Clerk I ....................................................... B
Clerk II....................................................... C
Computer Operator ............................................. E
Cook I ........................................................ A
Cook II ....................................................... B
Cook III ...................................................... C
Crew Leader ................................................... F
Custodian I ................................................... A
Custodian II .................................................. B
Custodian III ................................................. C
Custodian IV .................................................. D
Director or Coordinator of Services ........................... H
Draftsman ..................................................... D
Electrician I ................................................. F
Electrician II ................................................ G
Electronic Technician I ....................................... F
Electronic Technician II ...................................... G
Executive Secretary ........................................... G
Food Services Supervisor ...................................... G
Foreman ....................................................... G
General Maintenance ........................................... C
Glazier ....................................................... D
Graphic Artist ................................................ D
Groundsman .................................................... B
Handyman ...................................................... B
Heating and Air Conditioning Mechanic I ....................... E
Heating and Air Conditioning Mechanic II ...................... G
Heavy Equipment Operator ...................................... E
Inventory Supervisor ........................................... D
Key Punch Operator ............................................ B
Licensed Practical Nurse ...................................... F
Locksmith ..................................................... G
Lubrication Man ............................................... C
Machinist ..................................................... F
Mail Clerk .................................................... D
Maintenance Clerk ............................................. C
Mason ......................................................... G
Mechanic ...................................................... F
Mechanic Assistant ............................................ E
Office Equipment Repairman I .................................. F
Office Equipment Repairman II ................................. G
Painter ....................................................... E
Paraprofessional .............................................. F
Payroll Supervisor ............................................ G
Plumber I ..................................................... E
Plumber II .................................................... G
Printing Operator ............................................. B
Printing Supervisor ........................................... D
Programmer .................................................... H
Roofing/Sheet Metal Mechanic .................................. F
Sanitation Plant Operator ..................................... G
School Bus Supervisor ......................................... E
Secretary I ................................................... D
Secretary II .................................................. E
Secretary III ................................................. F
Supervisor of Maintenance ..................................... H
Supervisor of Transportation .................................. H
Switchboard Operator-Receptionist ............................. D
Technology System Specialist .................................. G
Truck Driver .................................................. D
Warehouse Clerk ............................................... C
Watchman ...................................................... B
Welder ........................................................ F
WVEIS Data Entry and Administrative Clerk ..................... B
(b) An additional twelve dollars per month shall be is added to the minimum monthly pay of each service employee who holds a high school diploma or its equivalent.
(c) An additional eleven dollars per month also shall be is added to the minimum monthly pay of each service employee for each of the following:
(1) A service employee who holds twelve college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(2) A service employee who holds twenty-four college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(3) A service employee who holds thirty-six college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(4) A service employee who holds forty-eight college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(5) A service employee who holds sixty college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(6) A service employee who holds seventy-two college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(7) A service employee who holds eighty-four college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(8) A service employee who holds ninety-six college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(9) A service employee who holds one hundred eight college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(10) A service employee who holds one hundred twenty college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(d) An additional forty dollars per month also shall be is added to the minimum monthly pay of each service employee for each of the following:
(1) A service employee who holds an associate's degree;
(2) A service employee who holds a bachelor's degree;
(3) A service employee who holds a master's degree;
(4) A service employee who holds a doctorate degree.
(e) An additional eleven dollars per month shall be is added to the minimum monthly pay of each service employee for each of the following:
(1) A service employee who holds a bachelor's degree plus fifteen college hours;
(2) A service employee who holds a master's degree plus fifteen college hours;
(3) A service employee who holds a master's degree plus thirty college hours;
(4) A service employee who holds a master's degree plus forty-five college hours; and
(5) A service employee who holds a master's degree plus sixty college hours.
(f) When any part of a school service employee's daily shift of work is performed between the hours of six o'clock p.m. and five o'clock a.m. the following day, the employee shall be is paid no less than an additional ten dollars per month and one half of the pay shall be is paid with local funds.
(g) Any service employee required to work on any legal school holiday shall be is paid at a rate one and one-half times the employee's usual hourly rate.
(h) Any Full-time service personnel required to work in excess of their normal working day during any week which contains a school holiday for which they are paid shall be are paid for the additional hours or fraction of the additional hours at a rate of one and one-half times their usual hourly rate and paid entirely from county board funds.
(i) No service employee may have his or her daily work schedule changed during the school year without the employee's written consent and the employee's required daily work hours may not be changed to prevent the payment of time and one-half wages or the employment of another employee.
(j) The minimum hourly rate of pay for extra duty assignments as defined in section eight-b of this article shall be is no less than one seventh of the employee's daily total salary for each hour the employee is involved in performing the assignment and paid entirely from local funds. Provided, That An alternative minimum hourly rate of pay for performing extra duty assignments within a particular category of employment may be used if the alternate hourly rate of pay is approved both by the county board and by the affirmative vote of a two-thirds majority of the regular full-time employees within that classification category of employment within that county. Provided, however, That The vote shall be by secret ballot if requested by a service personnel employee within that classification category within that county. The salary for any fraction of an hour the employee is involved in performing the assignment shall be is prorated accordingly. When performing extra duty assignments, employees who are regularly employed on a one-half day salary basis shall receive the same hourly extra duty assignment pay computed as though the employee were employed on a full-day salary basis.
(k) The minimum pay for any service personnel employees engaged in the removal of asbestos material or related duties required for asbestos removal shall be is their regular total daily rate of pay and may be no less than an additional three dollars per hour or no less than five dollars per hour for service personnel supervising asbestos removal responsibilities for each hour these employees are involved in asbestos related duties. Related duties required for asbestos removal include, but are not limited to, travel, preparation of the work site, removal of asbestos, decontamination of the work site, placing and removal of removing equipment and removal of structures from the site. If any member of an asbestos crew is engaged in asbestos related duties outside of the employee's regular employment county, the daily rate of pay shall be is no less than the minimum amount as established in the employee's regular employment county for asbestos removal and an additional thirty dollars per each day the employee is engaged in asbestos removal and related duties. The additional pay for asbestos removal and related duties shall be is payable entirely from county funds. Before service personnel employees may be used in the removal of asbestos material or related duties, they shall have completed a federal Environmental Protection Act approved training program and be licensed. The employer shall provide all necessary protective equipment and maintain all records required by the Environmental Protection Act.
(l) For the purpose of qualifying for additional pay as provided in section eight, article five of this chapter, an aide shall be is considered to be exercising the authority of a supervisory aide and control over pupils if the aide is required to supervise, control, direct, monitor, escort or render service to a child or children when not under the direct supervision of certified professional personnel within the classroom, library, hallway, lunchroom, gymnasium, school building, school grounds or wherever supervision is required. For purposes of this section, "under the direct supervision of certified professional personnel" means that a certified professional personnel person is present, with and accompanying the aide.
§18A-4-8b. Seniority rights for school service personnel.
(a) A county board shall make decisions affecting promotions and the filling of any service personnel positions of employment or jobs occurring throughout the school year that are to be performed by service personnel as provided in section eight of this article, on the basis of seniority, qualifications and evaluation of past service.
(b) Qualifications means that the applicant holds a classification title in his or her category of employment as provided in this section and shall be is given first opportunity for promotion and filling vacancies. Other employees then shall be considered and shall qualify by meeting the definition of the job title that relates to the promotion or vacancy, as defined in section eight of this article. that relates to the promotion or vacancy. If requested by the employee, the county board shall show valid cause why a service person with the most seniority is not promoted or employed in the position for which he or she applies. Qualified applicants shall be considered in the following order:
(1) Regularly employed service personnel who hold a classification title within the classification category of the vacancy;
(2) Service personnel who have held a classification title within the classification category of the vacancy whose employment has been discontinued in accordance with this section;
(3)Professional personnel who held temporary service personnel jobs or positions prior to June 9, one thousand nine hundred eighty-two, and who apply only for these temporary jobs or positions Regularly employed service personnel who do not hold a classification title within the classification category of vacancy;
(4) Service personnel who have not held a classification title within the classification category of the vacancy and whose employment has been discontinued in accordance with this section;
(4) (5) Substitute service personnel who hold a classification title within the classification category of the vacancy; and
(6) Substitute service personnel who do not hold a classification title within the classification category of the vacancy; and
(5) (7) New service personnel.
(c) The county board may not prohibit a service person from retaining or continuing his or her employment in any positions or jobs held prior to the effective date of this section and thereafter.
(d) A promotion is defined as means any change in employment that the service person considers to improve his or her working circumstance within the classification category of employment.
(1) A promotion includes a transfer to another classification category or place of employment if the position is not filled by an employee who holds a title within that classification category of employment.
(2) Each class title listed in section eight of this article is considered a separate classification category of employment for service personnel, except for those class titles having Roman numeral designations, which shall be are considered a single classification of employment:
(A) The cafeteria manager class title is included in the same classification category as cooks;
(B) The executive secretary class title is included in the same classification category as secretaries;
(C) Paraprofessional, autism mentor and braille or sign language specialist class titles are included in the same classification category as aides; and
(D) The mechanic assistant and chief mechanic class titles are included in the same classification category as mechanics.
(3) The assignment of an aide to a particular position within a school is based on seniority within the aide classification category if the aide is qualified for the position.
(4) Assignment of a custodian to work shifts in a school or work site is based on seniority within the custodian classification category.

(e) For purposes of determining seniority under this section an a service person's seniority begins on the date that he or she enters into the assigned duties.
(f) Extra-duty assignments. --
(1) For the purpose of this section, "extra-duty assignments" are defined as irregular jobs that occur assignment" means an irregular job that occurs periodically or occasionally such as, but not limited to, field trips, athletic events, proms, banquets and band festival trips.
(2) Notwithstanding any other provisions of this chapter to the contrary, decisions affecting service personnel with respect to extra-duty assignments shall be are made in the following manner:
(A) A service person with the greatest length of service time in a particular category of employment shall be is given priority in accepting extra duty assignments, followed by other fellow employees on a rotating basis according to the length of their service time until all such employees have had an opportunity to perform similar assignments. The cycle then shall be is repeated.
(B) An alternative procedure for making extra-duty assignments within a particular classification category of employment may be used if the alternative procedure is approved both by the county board and by an affirmative vote of two thirds of the employees within that classification category of employment.
(g) County boards shall post and date notices of all job vacancies of established existing or newly created positions in conspicuous places for all school service personnel to observe for at least five working days.
(1) Posting locations shall include any website maintained by or available for the use of the county board.
(2) Notice of a job vacancy shall include the job description, the period of employment, the amount of pay and any benefits and other information that is helpful to prospective applicants to understand the particulars of the job. Job postings for vacancies made pursuant to this section shall be written so as to ensure that the largest possible pool of qualified applicants may apply. Job postings may not require criteria which are not necessary for the successful performance of the job and may not be written with the intent to favor a specific applicant.
(3) After the five-day minimum posting period, all vacancies shall be filled within twenty working days from the posting date notice of any job vacancies of established existing or newly created positions.
(4) The county board shall notify any person who has applied for a job posted pursuant to this section of the status of his or her application as soon as possible after the county board makes a hiring decision regarding the posted position.
(h) All decisions by county boards concerning reduction in work force of service personnel shall be made on the basis of seniority, as provided in this section.
(i) The seniority of any a service person shall be is determined on the basis of the length of time the employee has been employed by the county board within a particular job classification. For the purpose of establishing seniority for a preferred recall list as provided in this section, when a service person who has been employed in one or more classifications, the seniority retains the seniority accrued in each previous classification. is retained by the employee.
(j) If a county board is required to reduce the number of service personnel within a particular job classification, the following conditions apply:
(1) The employee with the least amount of seniority within that classification or grades of classification shall be is properly released and employed in a different grade of that classification if there is a job vacancy;
(2) If there is no job vacancy for employment within that classification or grades of classification, the service person shall be is employed in any other job classification which he or she previously held with the county board if there is a vacancy and shall retain retains any seniority accrued in the job classification or grade of classification.
(k) Prior to August 1, After a reduction in force or transfer is approved, but prior to August 1, (1) If the a county board in its sole and exclusive judgment determines may determine that the reason for any particular reduction in force or transfer no longer exists.
(1) If the board makes this determination, it shall rescind the reduction in force or transfer and notify the affected employee in writing of the right to be restored to his or her former position of employment.
(2) Within five days of being notified, The affected employee shall notify the county board of his or her intent to return to the former position of employment within five days of being notified or lose the right of restoration to be restored to the former position. terminates.
(3) The county board shall may not rescind the reduction in force of an employee until all service personnel with more seniority in the classification category on the preferred recall list have been offered the opportunity for recall to regular employment as provided in this section.
(4) If there are insufficient vacant positions to permit reemployment of all more senior employees on the preferred recall list within the classification category of the service person who was subject to reduction in force, the position of the released service person shall be posted and filled in accordance with this section.
(l) If two or more service persons accumulate identical seniority, the priority shall be is determined by a random selection system established by the employees and approved by the county board.
(m) All service personnel whose seniority with the county board is insufficient to allow their retention by the county board during a reduction in work force shall be are placed upon a preferred recall list and shall be recalled to employment by the county board on the basis of seniority.
(n) A service person placed upon the preferred recall list shall be recalled to any position openings by the county board within the classification(s) where he or she had previously been employed, or to any lateral position for which the service person is qualified or to a lateral area for which a service person has certification and/or licensure.
(o) A service person on the preferred recall list shall does not forfeit the right to recall by the county board if compelling reasons require him or her to refuse an offer of reemployment by the county board.
(p) The county board shall notify all service personnel on the preferred recall list of all position openings that exist from time to time. The notice shall be sent by certified mail to the last known address of the service person. Each service person shall notify the county board of any change of address.
(q) No position openings may be filled by the county board, whether temporary or permanent, until all service personnel on the preferred recall list have been properly notified of existing vacancies and have been given an opportunity to accept reemployment.
(r) A service person released from employment for lack of need as provided in sections six and eight-a, article two of this chapter shall be is accorded preferred recall status on July 1 of the succeeding school year if the he or she has not been reemployed as a regular employee.
(s) A county board failing to comply with the provisions of this article may be compelled to do so by mandamus and is liable to any party prevailing against the board for court costs and the prevailing party's reasonable attorney fee, as determined and established by the court.
(1) A service person denied promotion or employment in violation of this section shall be awarded the job, pay and any applicable benefits retroactively to the date of the violation and shall be paid entirely from local funds.
(2) The county board is liable to any party prevailing against the board for any court reporter costs including copies of transcripts.
§18A-4-17. Health and other facility employee salaries.
(a) The minimum salary scale for professional personnel and service personnel employed by the state department of education to provide education and support services to residents of state department of health and human resources facilities, corrections facilities providing services to juvenile and youthful offenders, and in the West Virginia schools for the deaf and the blind and in public community and technical colleges providing middle college services is the same as set forth in sections two, three and eight- a of this article. Additionally, those personnel shall receive the equivalent of salary supplements paid to professional and service personnel employed by the county board of education in the county wherein each facility is located, as set forth in sections five-a and five-b of this article. Professional personnel and service personnel in these facilities who earn advanced classification of training after the effective date of this section shall be paid the advanced salary from the date the classification of training is earned. The professional personnel shall be certified, licensed or trained, and shall meet other eligibility classifications as may be required by the provisions of this chapter and by state board regulations for comparable instructional personnel who are employed by county boards. of education The professional personnel shall be paid at the equivalent rate of pay of teachers as set forth in section two of this article, but outside the public support plan, plus the equivalent of the salary supplement paid to teachers employed by the county board of education in the county in which each facility is located, as set forth in section five-a of this article.
(b) Professional personnel employed by the department to provide educational service education services to residents in state department of health and human resources facilities, corrections facilities providing services to juvenile and youthful offenders, or in the West Virginia schools for the deaf and the blind or in public community and technical colleges providing middle college services shall be are afforded all the rights, privileges and benefits established for the professional personnel under this article, subject to the following:
(1) Provided, That The benefits shall apply only within the facility at which the professional personnel are employed;
(2) Provided, however, That The benefits shall exclude salaries unless explicitly provided for under this or other sections of this article; and
(3) Provided further, That Seniority for the professional personnel shall be is determined on the basis of the length of time that the employee has been professionally employed at the facility, regardless of which state agency was the actual employer.
(c) Nothing contained in this section shall be construed to mean that Professional personnel and service personnel employed by the department of education to provide educational education and support services to residents in state department of health and human resources facilities, corrections facilities providing services to juvenile and youthful offenders, and the West Virginia schools for the deaf and the blind and in public community and technical colleges providing middle college services are other than state employees.
(d) Additional seniority provisions.
(1) Notwithstanding any other provision of this section to the contrary, professional and service personnel employed in an educational facility operated by the West Virginia department of education shall accrue seniority at that facility on the basis of the length of time the employee has been employed at the facility. Any Professional or and service personnel whose employment at the facility was preceded immediately by employment with the county board previously providing education services at the facility or whose employment contract was with the county board previously providing education services at the facility:
(A) shall retain Retains any seniority accrued during employment by the county board;
(B) shall accrue Accrues seniority as a regular employee with the county board during employment at the facility;
(C) shall attain Attains continuing contract status in accordance with section two, article two, chapter eighteen-a of this code with both the county and the facility if the sum of the years employed by the county and the facility equals the statutory number required for continuing contract status; and
(D) shall retain and continue Retains and continues to accrue county and facility seniority in the event of reemployment by the county as a result of direct transfer from the facility or recall from the preferred list.
(2) Reductions in work force in the facility or employment by the facility or county board shall be are made in accordance with the provisions of sections seven-a and eight-b article four, chapter eighteen-a of this code: Provided, That of this chapter. Only years of employment within the facility shall be are considered for purposes of reduction in force within the facility.
(3) The seniority conferred in this section applies retroactively to all affected professional and service personnel, but the rights incidental to the seniority shall commence as of on the effective date of this section.
(4) Amendments made to this section during the 2009 regular session of the Legislature do not abrogate any rights, privileges or benefits bestowed under previous enactments of this section.
The bill (Eng. Com. Sub. for H. B. No. 3146), as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: Barnes and Fanning--2.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 3146) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: Barnes, Fanning and Sypolt--3.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 3146) passed.
The following amendment to the title of the bill, from the Committee on Education, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 3146--A Bill to amend and reenact §18A-4-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-4-8a of said code; to amend and reenact §18A-4-8b of said code; and to amend and reenact §18A-4-17 of said code, all relating to seniority rights for school service personnel generally; creating a new service personnel definition and assigning a pay grade; revising criteria for consideration of applicants; providing for assignment based on seniority in certain circumstances in certain classifications; specifying certain rights, privileges and benefits of certain professional and service personnel providing middle college services in public community and technical colleges; and making technical changes.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 3155, Relating to the renewal of the West Virginia Small Business Linked Deposit Program.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Economic Development, was reported by the Clerk and adopted:
On page three, section four, line twenty-seven, by striking out the words "supervision and".
The bill (Eng. H. B. No. 3155), as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: Barnes--1.
Absent: None.
Having been engrossed, the bill (Eng. H. B. No. 3155) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3155) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 3192, Requiring reports to the Governor from state agencies to be made available electronically via the internet.
Having been removed from the Senate second reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 3194, Making it a misdemeanor to knowingly file false information with the Secretary of State.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting section and inserting in lieu thereof the following:
§31B-1-114. Penalty for signing false document.
Any person who signs a document required to be filed with the Secretary of State by this article which he or she knows is false in any material respect is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in jail not more than one year, or both fined and confined.
The bill (Eng. Com. Sub. for H. B. No. 3194), as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: Barnes--1.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 3194) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 3194) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 3240, Giving the Commissioner of Motor Vehicles authority to approve all-terrain vehicle rider safety awareness courses.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 3275, Changing the date through which governmental entities are required to purchase workers' compensation.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 3295, Relating to the West Virginia State Treasurer's Office.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 3340, Relating to entry into a data state compact among the Higher Education Policy Commission, Council for Community and Technical College Education and State Board of Education.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Education, was reported by the Clerk and adopted:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 1D. HIGHER EDUCATION ACCOUNTABILITY.
§18B-1D-10. State data sharing compact; legislative intent; findings; definitions.

(a) The intent of the Legislature in enacting this section is to direct the commission, council and State Board of Education to enter into a state compact, consistent with the provisions of section six of this article, on or before July 1, 2009, to develop and maintain a longitudinal education data system and to share educational information.
(b) The Legislature makes the following findings:
(1) Sound data collection, reporting and analysis are critical to building an education system capable of ensuring that all West Virginia students are adequately prepared for college and the global workforce. Elementary schools, middle schools, secondary schools and higher education institutions can improve instructional and educational decision-making using data that are collected and made available to them.
(2) State education policymaking benefits from partnerships between state education agencies and entities with expertise in education research. It is beneficial for West Virginia to establish systems and processes that permit qualified researchers to assist with state evaluation and research functions in a manner that is consistent with privacy protection laws.
(3) West Virginia is committed to establishing and maintaining a longitudinal student unit record data system that educators and policymakers can use to analyze and assess student progress beginning with early learning programs and continuing through post- secondary education and into employment. The commission, council and State Board of Education have designed, built and deployed some of the fundamental components of a longitudinal data system and have engaged in extensive efforts to link and use available education data effectively. Now, it is necessary to integrate and manage the various education data components in a cooperative manner to establish a data-driven, decision-making environment for this state's education system.
(4) Students will achieve improved learning outcomes because of the longitudinal data system established through the state compact mandated by this section.
(6) State use and management of education data shall be in accordance with all legal requirements protecting student privacy and shall protect personal information from intentional or accidental release to unauthorized persons and from intentional or accidental use for unauthorized purposes.
(c) Definitions:
(1) "Longitudinal data system" means a student unit record data system that links student records beginning with early learning programs and continuing through post-secondary education, entry into the workforce and beyond. The system may consist of separate student unit record systems integrated through agreement and data transfer mechanisms.
(2) "Privacy protection laws" means the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g) and any other state or federal laws relating to the confidentiality and protection of personally identifiable information.
(3) "Research organization" means a governmental entity, institution of higher education, public policy organization or other person or entity conducting educational research that meets the following conditions:
(i) Qualified to perform educational research and protect the privacy of student data;
(ii) Seeks to perform research for a non-commercial purpose authorized by privacy protection laws; and
(iii) Agrees to perform the research pursuant to a written agreement meeting the requirements of privacy protection laws and best research practices.
(d) The state data-sharing compact entered into by the commission, council and State Board of Education shall contain the following:
(1) A plan to establish and maintain a longitudinal data system that links early learning, elementary, middle and secondary school student unit records with higher education institution student unit records;
(2) A plan to establish a data warehouse that integrates data from multiple student unit record systems and supports all of the uses and functions of the longitudinal data system;
(3) A list of areas for collaborative research and a preliminary plan for conducting that research;
(4) A system for entering into data sharing arrangements with each other and with research organizations consistent with subsection (f) of this section; and
(5) A provision that allows another party to the compact to review any draft report or study generated using that party's data at least ten days before the report or study is released publicly. During that ten day period, each party shall be given the opportunity to submit comments regarding the accuracy, conclusions and recommendations of the report or study.
(e) To facilitate implementation of the requirements of this section:
(1) The commission, council and State Board of Education are authorized to disclose data to the longitudinal data system and to each other consistent with the purposes of this section;
(2) With the assistance of the State Board of Education, the commission, council and state institutions of higher education shall collect the State Board of Education's unique identifier for all students who have attended public schools in West Virginia to facilitate better matching of student unit record data.
(3) The commission, council and State Board of Education shall collect, use, maintain, disclose and share data in accordance with personal privacy laws and shall develop security measures and procedures that protect personal information from intentional or accidental release to unauthorized persons and from intentional or accidental use for unauthorized purposes.
(f) A data sharing arrangement entered into with a research organization pursuant to this section shall meet the following criteria:
(1) Permitted by and undertaken in accordance with privacy protection laws;
(2) Receives prior approval from the State Superintendent of Schools or designee, the Chancellor for Higher Education or designee, and the Chancellor for Community and Technical College Education or designee, as appropriate, if data from that entity are being utilized in the research;
(3) Prohibits the personal identification of any person by individuals other than authorized representatives of the research organization who have legitimate interests in the information;
(4) Ensures the destruction or return of the data when no longer needed for the authorized purposes under the data sharing arrangement;
(5) Performed pursuant to a written agreement with the research organization that does the following:
(A) Specifies the purpose, scope and duration of the data sharing arrangement;
(B) Requires the recipient of the data to use personally identifiable information from education records only to meet the purpose or purposes of the data sharing arrangement stated in the written agreement;
(C) Describes specific data access, use and security restrictions that the recipient will undertake; and
(D) Contains such other terms and provisions as the commission, council and State Board of Education, as appropriate, consider necessary or appropriate.
(g) As a condition of participating in state-level financial aid programs provided for in chapter eighteen-c of this code, the commission may require non-public institutions of higher education to provide data for the longitudinal data system and data warehouse.
The bill (Eng. H. B. No. 3340), as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: Barnes--1.
Absent: None.
Having been engrossed, the bill (Eng. H. B. No. 3340) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3340) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3340) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the tenth order of business.
Eng. Com. Sub. for House Bill No. 2916, Relating to the Emergency Medical Services Act.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 9th day of April, 2009, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for S. B. No. 263), Disclosing certain inmates' personal communications.
(Com. Sub. for S. B. No. 307), Creating Maternal Screening Act.
(Com. Sub. for S. B. No. 321), Modifying certificate of need process.
(Com. Sub. for S. B. No. 341), Transferring juvenile justice database administration to Supreme Court.
(S. B. No. 346), Correcting code reference related to bear tagging.
(S. B. No. 436), Updating terminology relating to surface mining reporting requirements.
(Com. Sub. for S. B. No. 453), Relating to Public Service Commission service of decisions.
(Com. Sub. for H. B. No. 2225), Authorizing the Department of Education and the Arts to Promulgate Legislative Rules.
(Com. Sub. for H. B. No. 2305), Revising appointment and compensation provisions of the Supreme Court Clerk and his or her staff.
(H. B. No. 2474), Exempting land-based finfish aquaculture facilities from certain sludge management requirements.
(H. B. No. 2652), Repealing the Tree Fruit Industry Self-Improvement Act of 1984.
(Com. Sub. for H. B. No. 2702), Relating to the Deputy Sheriff Retirement System Act.
(Com. Sub. for H. B. No. 2703), Relating to the State Teachers Retirement System.
(Com. Sub. for H. B. No. 2904), Authorizing rules for higher education.
(H. B. No. 3066), Clarifying the supervision requirements for elevator apprentices under elevator safety.
(Com. Sub. for H. B. No. 3076), Relating to the regulation and operation of cranes.
And,
(H. B. No. 3189), Adding members to the Capitol Building Commission.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Prezioso, 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
Senate Concurrent Resolution No. 10, Requesting Joint Committee on Government and Finance study Department of Health and Human Resources employees' home visit safety issues.
And reports the same back with the recommendation that it be adopted; but under the original double committee reference first be referred to the Committee on Rules.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The resolution, under the original double committee reference, was then referred to the Committee on Rules.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Concurrent Resolution No. 27, Requesting Joint Committee on Government and Finance study Department of Environmental Protection staff pay rates.
And reports the same back with the recommendation that it be adopted; but under the original double committee reference first be referred to the Committee on Rules.
Respectfully submitted,
Walt Helmick,
Chair.
The resolution, under the original double committee reference, was then referred to the Committee on Rules.
Senator Green, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Concurrent Resolution No. 51, Requesting Joint Committee on Government and Finance study use of alternative fuels and biofuels.
And reports the same back with the recommendation that it be adopted; but under the original double committee reference first be referred to the Committee on Rules.
Respectfully submitted,
Mike Green,
Chair.
The resolution, under the original double committee reference, was then referred to the Committee on Rules.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2309, Updating the law governing the practice of occupational therapy.
With amendments from the Committee on Government Organization pending;
And has also amended same.
Now on second reading, having been read a first time and referred to the Committee on Government Organization on April 7, 2009;
And reports the same back with the recommendation that it do pass as last amended by the Committee on the Judiciary.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2412, Providing certain county commissions with authority to regulate the location of businesses offering exotic entertainment.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on April 7, 2009;
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2485, Allowing pharmacy interns to vend pseudoephedrine and other chemical precursors of methamphetamine.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on April 8, 2009;
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2528, Updating the regulation of the practice of forestry.
With amendments from the Committee on Government Organization pending;
And has also amended same.
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on April 7, 2009;
And reports the same back with the recommendation that it do pass as last amended by the Committee on the Judiciary.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2531, Updating the regulation of the practice of barbers and cosmetologists.
With an amendment from the Committee on Government Organization pending;
And has also amended same.
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on April 7, 2009;
And reports the same back with the recommendation that it do pass as last amended by the Committee on the Judiciary.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2532, Creating licensure for Marriage and Family Therapists.
With an amendment from the Committee on Government Organization pending;
And has also amended same.
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on April 7, 2009;
And reports the same back with the recommendation that it do pass as last amended by the Committee on the Judiciary.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Chafin, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2532) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration and read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 31. COUNSELORS.
§30-31-1. License required.
It is unlawful for any person to practice or offer to practice professional counseling or marriage and family therapy in this state without a license issued under the provisions of this article, or advertise or use any title or description tending to convey the impression that the person is a licensed professional counselor or a licensed marriage and family therapist unless the person has been licensed under the provisions of this article, and the license has not expired, been suspended, revoked or exempted.
§30-31-2. Applicable law.
The practices of professional counseling and marriage and family therapy, and the Board of Examiners of Counseling are subject to the provisions of article one of this chapter, the provisions of this article and any rules promulgated hereunder.
§30-31-3. Definitions.
As used in this article, the following words and terms have the following meanings, unless the context clearly indicates otherwise:
(a) "Applicant" means a person making an application for a license or renewal under the provisions of this article.
(b) "Board" means the West Virginia Board of Examiners in Counseling.
(c) "Clinical counseling procedures" means an approach to counseling that emphasizes the counselor's role in systematically assisting clients through all of the following including, but are not limited to, observing, assessing and analyzing background and current information; utilizing assessment techniques useful in appraising aptitudes, abilities, achievements, interests or attitudes; diagnosing; and developing a treatment plan. The goal of these procedures is the prevention or elimination of symptomatic, maladaptive, or undesired behavior, cognitions or emotions in order to integrate a wellness, preventative, pathology and multicultural model of human behavior to assist an individual, couple, family, group of individuals, organization, institution or community to achieve mental, emotional, physical, social, moral, educational, spiritual, vocational or career development and adjustment through the life span of the individual, couple, family, group of individuals, organization, institution or community.
(d) "Licensed professional counselor" means a person licensed under the provisions of this article to practice professional counseling.
(e) "Licensee" means a person holding a license issued under the provisions of this article.
(f) "Licensed marriage and family therapist" means a person licensed under the provisions of this article to practice marriage and family therapy.
(g) "Marriage and family therapy" means the diagnosis and treatment of mental and emotional disorders whether cognitive, affective or behavioral, specifically within the context of marriage and family systems, that involve the professional application of theories and techniques to individuals, couples and families, singly or in groups.
(h) "Professional counseling" means the assessment, diagnosis, treatment and prevention of mental, emotional or addiction disorders through the application of clinical counseling procedures. Professional counseling includes the use of psychotherapy, assessment instruments, counseling, consultation, treatment planning, and supervision in the delivery of services to individuals, couples, families and groups.
§30-31-4. Board of Examiners in Counseling.
(a) The West Virginia Board of Examiners in Counseling is continued. The members of the board in office on July 1, 2009, shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified.
(b) To be effective on July 1, 2009, the Governor shall appoint, by and with the advice and consent of the Senate, a licensed marriage and family therapist from a list of three nominees submitted by The West Virginia Association of Marriage and Family Therapy, to replace the citizen member whose term ends on June 30, 2009, and for any vacancy thereafter.
(c) Commencing July 1, 2009, the board shall consist of the following seven members:
(1) Two licensed professional counselors engaged in the teaching of counseling at an accredited institution of higher education;
(2) Three licensed professional counselors;
(3) One licensed marriage and family therapist; and
(4) One citizen, who is not licensed under the provisions of this article and who does not perform any services related to the practice of the professions regulated under the provisions of this article.
(d) Each member shall be appointed by the Governor by and with the advice and consent of the Senate. The term is for five years.
(e) A member may not serve more than two consecutive full terms. A member having served two consecutive full terms may not be appointed for one year after completion of his or her second full term. A member may continue to serve until a successor has been appointed and has qualified.
(f) Each licensed member shall maintain an active license with the board: Provided, That the initial marriage and family therapist appointed to the board must qualify for licensure under the provisions of section nine of this article.
(g) Each member of the board shall be a resident of West Virginia during the appointment term.
(h) A vacancy on the board shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacant and the appointment shall be made within sixty days of the vacancy.
(i) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.
(j) A member of the board immediately and automatically forfeits membership to the board if his or her license to practice is suspended or revoked, is convicted of a felony under the laws of any jurisdiction, or becomes a nonresident of this state.
(k) The board shall elect annually one of its members as chairperson who serves at the will of the board.
(l) Each member of the board is entitled to compensation and expense reimbursement in accordance with article one of this chapter.
(m) A majority of the members of the board shall constitute a quorum.
(n) The board shall hold at least two annual meetings. Other meetings shall be held at the call of the chairperson or upon the written request of two members, at the time and place as designated in the call or request.
(o) Prior to commencing his or her duties as a member of the board, each member shall take and subscribe to the oath required by section five, article four of the Constitution of this state.
§30-31-5. Powers and duties of the board.
(a) The board has all the powers and duties set forth in this article, by rule, in article one of this chapter and elsewhere in law.
(b) The board shall:
(1) Hold meetings, conduct hearings and administer examinations;
(2) Establish requirements for licenses;
(3) Establish procedures for submitting, approving and rejecting applications for a license;
(4) Determine the qualifications of any applicant for a license;
(5) Prepare, conduct, administer and grade written, oral or written and oral examinations for a license;
(6) Determine the passing grade for the examinations;
(7) Maintain records of the examinations the board or a third party administers, including the number of persons taking the examination and the pass and fail rate;
(8) Hire, discharge, establish the job requirements and fix the compensation of the executive director;

(9) Maintain an office and hire, discharge, establish the job requirements and fix the compensation of employees and contracted employees necessary to enforce the provisions of this article;
(10) Investigate alleged violations of the provisions of this article, legislative rules, orders and final decisions of the board;
(11) Establish a fee schedule;
(12) Issue, renew, deny, suspend, revoke or reinstate a license;
(13) Conduct disciplinary hearings of persons regulated by the board;
(14) Determine disciplinary action and issue orders;
(15) Institute appropriate legal action for the enforcement of the provisions of this article;
(16) Maintain an accurate registry of names and addresses of all persons regulated by the board;
(17) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;
(18) Establish the continuing education requirements for licensees;
(19) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article; and
(20) Take all other actions necessary and proper to effectuate the purposes of this article.
(c) The board may:
(1) Contract with third parties to administer the examinations required under the provisions of this article;
(2) Sue and be sued in its official name as an agency of this state; and
(3) Confer with the Attorney General or his or her assistant in connection with legal matters and questions.
§30-31-6. Rulemaking.
(a) The board shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including:
(1) Standards and requirements for licenses to practice professional counseling and marriage and family therapy;
(2) Procedures for examinations and reexaminations;
(3) Requirements for third parties to prepare and/or administer examinations and reexaminations;
(4) Educational and experience requirements;
(5) The passing grade on the examination;
(6) Standards for approval of courses;
(7) Procedures for the issuance and renewal of a license;
(8) A fee schedule;
(9) Continuing education requirements for licensees;
(10) The procedures for denying, suspending, revoking, reinstating or limiting the practice of a licensee;
(11) Requirements to reinstate a revoked license;
(12) Specific master's and doctoral degree programs considered to be equivalent to a master's or doctoral degree program required under this article;
(13) The nature of supervised professional experience approved by the board for the purposes of licensure of this article;
(14) A code of ethics; and
(15) Any other rules necessary to effectuate the provisions of this article.
(b) All of the board's rules in effect on July 1, 2009, shall remain in effect until they are amended or repealed, and references to provisions of former enactments of this article are interpreted to mean provisions of this article.
§30-31-7. Fees; special revenue account.
(a) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the State Treasury designated the "Board of Examiners in Counseling Fund". The fund is used by the board for the administration of this article. Except as may be provided in article one of this chapter, the board retains the amount in the special revenue account from year to year. No compensation or expense incurred under this article is a charge against the General Revenue Fund.
(b) Any amount received as fines, imposed pursuant to this article, shall be deposited into the General Revenue Fund of the State Treasury.
§30-31-8. Requirements for license to practice counseling.
(a) To be eligible for a license to practice professional counseling, an applicant must:
(1) Be of good moral character;
(2) Be at least eighteen years of age;
(3) Be a citizen of the United States or be eligible for employment in the United States;
(4) Pay the applicable fee;
(5) (A) (i) Have earned a master's degree in an accredited counseling program or in a field closely related to an accredited counseling program as determined by the board, or have received training equivalent to such degree as may be determined by the board; and
(ii) Have at least two years of supervised professional experience in counseling of such a nature as is designated by the board after earning a master's degree or equivalent; or
(B) (i) Have earned a doctorate degree in an accredited counseling program or in a field closely related to an accredited counseling program as determined by the board, or have received training equivalent to such degree as may be determined by the board; and
(ii) Have at least one year of supervised professional experience in counseling of such a nature as is designated by the board after earning a doctorate degree or equivalent;
(6) Have passed a standardized national certification examination in counseling approved by the board;
(7) Not have been convicted of a felony or crime involving moral turpitude under the laws of any jurisdiction:
(A) If the applicant has never been convicted of a felony or a crime involving moral turpitude, the applicant shall submit letters of recommendation from three persons not related to the applicant and a sworn statement from the applicant stating that he or she has never been convicted of a felony or a crime involving moral turpitude; or
(B) If the applicant has been convicted of a felony or a crime involving moral turpitude, it is a rebuttable presumption that the applicant is unfit for licensure unless he or she submits competent evidence of sufficient rehabilitation and present fitness to perform the duties of a licensed professional counselor as may be established by the production of:
(i) Documentary evidence including a copy of the relevant release or discharge order, evidence showing compliance with all conditions of probation or parole, evidence showing that at least one year has elapsed since release or discharge without subsequent conviction, and letters of reference from three persons who have been in contact with the applicant since his or her release or discharge; and
(ii) Any collateral evidence and testimony as may be requested by the board which shows the nature and seriousness of the crime, the circumstances relative to the crime or crimes committed and any mitigating circumstances or social conditions surrounding the crime or crimes and any other evidence necessary for the board to judge present fitness for licensure or whether licensure will enhance the likelihood that the applicant will commit the same or similar offenses;
(8) Not be an alcohol or drug abuser as these terms are defined in section eleven, article one-a, chapter twenty-seven of this code: Provided, That an applicant who has had at least two continuous years of uninterrupted sobriety in an active recovery process, which may, in the discretion of the board, be evidenced by participation in a twelve-step program or other similar group or process, may be considered; and
(9) Has fulfilled any other requirement specified by the board.
(b) A person who holds a license or other authorization to practice counseling issued by another state, the qualifications for which license or other authorization are determined by the board to be at least substantially equivalent to the license requirements in this article, is eligible for licensure.
(c) A person seeking licensure under the provisions of this section shall submit an application on a form prescribed by the board and pay all applicable fees.
(d) A person who has been continually licensed under this article since 1987, pursuant to prior enactments permitting waiver of certain examination and other requirements, is eligible for renewal under the provisions of this article.
(e) A license to practice professional counseling issued by the board prior to July 1, 2009, shall for all purposes be considered a license issued under this article: Provided, That a person holding a license issued prior to July 1, 2009, must renew the license pursuant to the provisions of this article.
§30-31-9. Requirements for a license to practice marriage and family therapy.

(a) To be eligible for a license to practice marriage and family therapy, an applicant must:
(1) Be of good moral character;
(2) Be at least eighteen years of age;
(3) Be a citizen of the United States or be eligible for employment in the United States;
(4) Pay the applicable fee;
(5) (A) (i) Have earned a master's in marriage and family therapy from a program accredited by the Commission on Accreditation for Marriage and Family Therapy Education, Council for Accreditation of Counseling and Related Education Programs or a comparable accrediting body as approved by the board or in a field closely related to an accredited marriage and family therapy program as determined by the board, or have received training equivalent to such degree as may be determined by the board; and
(ii) Have at least two years of supervised professional experience in marriage and family therapy of such a nature as is designated by the board after earning a master's or equivalent.
(B) (i) Have earned a doctorate degree in marriage and family therapy from a program accredited by the Commission on Accreditation for Marriage and Family Therapy Education, the Council for Accreditation of Counseling and Related Education Programs, or a comparable accrediting body as approved by the board or in a field closely related to an accredited marriage and family therapy program as determined by the board, or have received training equivalent to such degree as may be determined by the board; and
(ii) Have at least one year of supervised professional experience in marriage and family therapy of such a nature as is designated by the board after earning a doctorate or equivalent. (6) Have passed a standardized national certification examination in marriage and family therapy as approved by the board.
(7) Not have been convicted of a felony or crime involving moral turpitude under the laws of any jurisdiction:
(A) If the applicant has never been convicted of a felony or a crime involving moral turpitude, the applicant shall submit letters of recommendation from three persons not related to the applicant and a sworn statement from the applicant stating that he or she has never been convicted of a felony or a crime involving moral turpitude; or
(B) If the applicant has been convicted of a felony or a crime involving moral turpitude, it is a rebuttable presumption that the applicant is unfit for licensure unless he or she submits competent evidence of sufficient rehabilitation and present fitness to perform the duties of a licensed professional counselor as may be established by the production of:
(i) Documentary evidence including a copy of the relevant release or discharge order, evidence showing compliance with all conditions of probation or parole, evidence showing that at least one year has elapsed since release or discharge without subsequent conviction, and letters of reference from three persons who have been in contact with the applicant since his or her release or discharge; and
(ii) Any collateral evidence and testimony as may be requested by the board which shows the nature and seriousness of the crime, the circumstances relative to the crime or crimes committed and any mitigating circumstances or social conditions surrounding the crime or crimes and any other evidence necessary for the board to judge present fitness for licensure or whether licensure will enhance the likelihood that the applicant will commit the same or similar offenses;
(8) Not be an alcohol or drug abuser as these terms are defined in section eleven, article one-a, chapter twenty-seven of this code: Provided, That an applicant who has had at least two continuous years of uninterrupted sobriety in an active recovery process, which may, in the discretion of the board, be evidenced by participation in a twelve-step program or other similar group or process, may be considered; and
(9) Has fulfilled any other requirement specified by the board.
(b) A person seeking licensure under the provisions of this section shall submit an application on a form prescribed by the board and pay all applicable fees.
(c) A person who is licensed for the five years prior to the effective date of this section and has substantially similar qualifications as required by subdivision (1), (2), (3), (5)(A)(i), (5)(B)(i), (6) and (7) of subsection (a) of this section is eligible for a license to practice marriage and family therapy until July 1, 2013, and is eligible for renewal under section ten.
§30-31-10. Renewal requirements.
(a) A licensed professional counselor and a licensed marriage and family therapist shall annually or biennially renew his or her license at a time determined by the board, by completing a form prescribed by the board, paying the renewal fee and submitting any other information required by the board.
(b) The board shall charge a fee for each renewal of a license and a late fee for any renewal not properly completed and received with the appropriate fee by the board at the appropriate date.
(c) The board shall require as a condition of renewal that each licensee complete continuing education.
(d) The board may deny an application for renewal for any reason which would justify the denial of an original application for a license.
§30-31-11. Persons exempted from licensure.
(a) The following activities are exempt from the provisions of this article:
(1) Teaching, lecturing or engaging in research in professional counseling or marriage and family therapy so long as such activities do not otherwise involve the practice of professional counseling or marriage and family therapy directly affecting the welfare of the person counseled;
(2) The official duties of persons employed as professional counselors or marriage and family therapists by the State of West Virginia or any of its departments, agencies, divisions, bureaus or political subdivisions, counties, county boards of education, regional education service agencies, municipalities or any other facilities or programs established, supported or funded, in whole or in part, by the governmental entity;
(3) The official duties of persons employed as professional counselors or marriage and family therapists by any department, agency, division or bureau of the United States of America;
(4) The official duties of persons serving as professional counselors or marriage and family therapists, whether as volunteers or for compensation or other personal gain, in any public or private nonprofit corporations, organizations, associations or charities;
(5) The official duties of persons who are employed by a licensed professional counselor or licensed marriage and family therapist, whose duties are supervised by a licensed professional counselor or licensed marriage and family therapists and who represent themselves by the title provisionally licensed counselor or provisionally licensed marriage and family therapist, and do not represent themselves as licensed professional counselors or licensed marriage and family therapists as defined in this article;
(6) The activities of a student of professional counseling or marriage and family therapy which are part of the prescribed course of study at an accredited educational institution and are supervised by a licensed professional counselor, licensed marriage and family therapist or by a teacher, instructor or professor of counseling or marriage and family therapy acting within the official duties or scope of activities exempted by this section; or
(7) The activities and services of qualified members of other recognized professions such as physicians, psychologists, psychoanalysts, social workers, lawyers, clergy, nurses or teachers performing counseling or marriage and family therapy consistent with the laws of this state, their training and any code of ethics of their professions so long as such persons do not represent themselves as licensed professional counselors or licensed marriage and family therapists as defined by section three of this article. (b) Nothing in the article requires licensing of the following persons pursuant to this article:
(1) A school counselor who holds a school counseling certificate issued by the West Virginia Department of Education and who is engaged in counseling solely within the scope of his or her employment with the department, a county board of education or a regional education service agency; or
(2) A nonresident professional counselor or marriage and family therapist who holds a license or other authorization to engage in the practice of professional counseling or marriage and family therapy issued by another state, the qualifications for which in the opinion of the board are at least as stringent as those provided in section eight and section nine of this article, and who renders counseling services in this state for no more than thirty days in any calendar year.
(c) Nothing in this article permits a licensed professional counselor or licensed marriage and family therapist to administer or prescribe drugs or otherwise engage in the practice of medicine as defined in articles three and fourteen of chapter thirty of this code.
§30-31-12. Complaints; investigations; due process procedure; grounds for disciplinary action.

(a) The board may upon its own motion based on credible information, and shall upon the written complaint of any person cause an investigation to be made to determine whether grounds exist for disciplinary action under this article or the legislative rules of the board.
(b) Upon initiation or receipt of the complaint, the board shall provide a copy of the complaint to the licensee.
(c) After reviewing any information obtained through an investigation, the board shall determine if probable cause exists that the licensee has violated any provision of subsection (g) of this section or rules promulgated pursuant to this article.
(d) Upon a finding that probable cause exists that the licensee has violated any provision of subsection (g) of this section or rules promulgated pursuant to this article, the board may enter into a consent decree or hold a hearing for the suspension or revocation of the license or the imposition of sanctions against the licensee. Any hearing shall be held in accordance with the provisions of this article.
(e) Any member of the board or the executive director of the board may issue subpoenas and subpoenas duces tecum to obtain testimony and documents to aid in the investigation of allegations against any person regulated by the article.
(f) Any member of the board or its executive director may sign a consent decree or other legal document on behalf of the board.
(g) The board may, after notice and opportunity for hearing, deny or refuse to renew, suspend or revoke the license of, impose probationary conditions upon or take disciplinary action against, any licensee for any of the following reasons once a violation has been proven by a preponderance of the evidence:
(1) Obtaining a license by fraud, misrepresentation or concealment of material facts;
(2) Being convicted of a felony or other crime involving moral turpitude;
(3) Being guilty of unprofessional conduct as defined by legislative rule of the board;
(4) A violation of a lawful order or rule of the board;
(5) Having had a license or other authorization revoked or suspended, other disciplinary action taken, or an application for licensure or other authorization revoked or suspended by the proper authorities of another jurisdiction;
(6) Aiding or abetting unlicensed practice; or
(7) Engaging in an act which has endangered or is likely to endanger the health, welfare or safety of the public.
(h) For the purposes of subsection (g) of this section, effective July 15, 2009, disciplinary action may include:
(1) Reprimand;
(2) Probation;
(3) Administrative fine, not to exceed $1,000 per day per violation;
(4) Mandatory attendance at continuing education seminars or other training;
(5) Practicing under supervision or other restriction;
(6) Requiring the licensee to report to the board for periodic interviews for a specified period of time; or
(7) Other corrective action considered by the board to be necessary to protect the public, including advising other parties whose legitimate interests may be at risk.

§30-31-13. Procedures for hearing; right of appeal.

(a) Hearings shall be governed by the provisions of section eight, article one of this chapter.
(b) The board may conduct the hearing or elect to have an administrative law judge conduct the hearing.
(c) If the hearing is conducted by an administrative law judge, at the conclusion of a hearing he or she shall prepare a proposed written order containing findings of fact and conclusions of law. The proposed order may contain proposed disciplinary actions if the board so directs. The board may accept, reject or modify the decision of the administrative law judge.
(d) Any member or the executive director of the board has the authority to administer oaths, examine any person under oath and issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing, the board determines the licensee has violated any provision of this article or the board's rules, a formal written decision shall be prepared which contains findings of fact, conclusions of law and a specific description of the disciplinary actions imposed.
§30-31-14. Judicial review.
Any licensee adversely affected by a decision of the board entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code, and may appeal any ruling resulting from judicial review in accordance with article six, chapter twenty-nine-a of this code.
§30-31-15. Criminal proceedings; penalties.
(a) When, as a result of an investigation under this article or otherwise, the board has reason to believe that a licensee has committed a criminal offense under this article, the board may bring the information to the attention of an appropriate law-enforcement official.
(b) Effective July 15, 2009, a person violating section one of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000 or confined in jail not more than six months, or both fined and confined.
§30-31-16. Disclosure.
All information communicated to or acquired by a licensee while engaged in the practice of counseling or marriage and family therapy with a client is privileged information and may not be disclosed by the licensee except:
(a) With the written consent of the client, or in the case of death or disability, with the written consent of a personal representative or other person authorized to sue, or the beneficiary of any insurance policy on the client's life, health or physical condition;
(b) When a communication reveals the contemplation of an act dangerous to the client or others; or
(c) When the client, or his or her personal representative, waives the privilege by bringing charges against the licensee.
§30-31-17. Single act evidence of practice.
In any action brought or in any proceeding initiated under this article, evidence of the commission of a single act prohibited by this article is sufficient to justify a penalty, injunction, restraining order or conviction without evidence of a general course of conduct.
The bill (Eng. Com. Sub. for H. B. No. 2532), as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule,
the yeas were: Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: Barnes--1.
Absent: Caruth and White--2.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2532) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Caruth and White--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2532) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2566, Expanding applicability of increased penalties for crimes against certain protected persons.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2566) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2701, Relating to an escape of any person from the custody of the Division of Juvenile Services.
With amendments from the Committee on Health and Human Resources pending;
And has also amended same.
And reports the same back with the recommendation that it do pass as last amended by the Committee on the Judiciary.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2701) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2832, Relating to critical skills evaluations for students in grades three and eight.
With amendments from the Committee on Education pending;
Now on second reading, having been read a first time and referred to the Committee on Finance on April 7, 2009;
And reports the same back with the recommendation that it do pass as amended by the Committee on Education to which the bill was first referred.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2926, Establishing a procedure for challenging a candidate's qualifications for elected office.
With amendments from the Committee on Government Organization pending;
And has also amended same.
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on April 7, 2009;
And reports the same back with the recommendation that it do pass as last amended by the Committee on the Judiciary.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2958, Increasing the fines for a trespassing conviction pursuant to certain circumstances.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2958) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2961, Adding two members to the institutional boards of governors of West Virginia University and Marshall University based upon race, gender and ethnicity.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Education.
At the request of Senator Plymale, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2961) was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 3278, Relating to the life and health insurance guaranty association.
With amendments from the Committee on Banking and Insurance pending;
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on April 7, 2009;
And reports the same back with the recommendation that it do pass as amended by the Committee on Banking and Insurance to which the bill was first referred.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 3336, Continuing early intervention services to families with developmentally delayed infants and toddlers but eliminating the cost-free provision.
Now on second reading, having been read a first time and referred to the Committee on Finance on April 8, 2009;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.

Senator Prezioso, 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
House Concurrent Resolution No. 46, Requesting the Joint Committee on Government and Finance to conduct a study on expanding the scope of practice for optometrists.
And has amended same.
And reports the same back with the recommendation that it be adopted, as amended; but under the original double committee reference first be referred to the Committee on Rules.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The resolution, under the original double committee reference, was then referred to the Committee on Rules, with amendments from the Committee on Health and Human Resources pending.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Oliverio, unanimous consent being granted, it was ordered that the Journal show had Senator Oliverio been present in the chamber on yesterday, Wednesday, April 8, 2009, he would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 153,
Engrossed Committee Substitute for Senate Bill No. 370, Engrossed Committee Substitute for Senate Bill No. 405, Engrossed Committee Substitute for Senate Bill No. 612, Engrossed Committee Substitute for House Bill No. 2218, Engrossed Committee Substitute for House Bill No. 2222, Engrossed Committee Substitute for House Bill No. 2407, Engrossed Committee Substitute for House Bill No. 2569, Engrossed House Bill No. 2651, Engrossed Committee Substitute for House Bill No. 2684, Engrossed Committee Substitute for House Bill No. 2685, Engrossed House Bill No. 2734, Engrossed Committee Substitute for House Bill No. 2742, Engrossed Committee Substitute for House Bill No. 2753, Engrossed Committee Substitute for House Bill No. 2839, Engrossed Committee Substitute for House Bill No. 2877, Engrossed House Bill No. 2950, Engrossed House Bill No. 2952, Engrossed Committee Substitute for House Bill No. 3036 and Engrossed Committee Substitute for House Bill No. 3196.
Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, April 10, 2009, at 11 a.m.
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