Eighty-second Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House

West Virginia Legislature

JOURNAL

of the

House of Delegates

The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Tim Armstead, Speaker.

Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

The Clerk proceeded to read the Journal of Tuesday, March 10, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Delegate Cowles announced that the Committee on Rules had transferred S. B. 502, on third reading, House Calendar, to the Special Calendar; S. B. 498, on third reading, Special Calendar, to the House Calendar; and Com. Sub. for S. B. 347 to the bottom of bills on third reading, Special Calendar.

On motion for leave, a resolution was introduced (Originating in the Committee on Health and Human Resources and reported with the recommendation that it be adopted), which was read by its title, as follows:

By Delegates Ellington, Householder, Arvon, Cooper, Hill, Kurcaba, Pasdon, Rohrbach, Sobonya, Stansbury, Waxman, Westfall, Fleischauer, Campbell, Longstreth, Moore, Pushkin and Rodighiero:

H. C. R. 136 - “Requesting the Joint Committee on Government and Finance study that insurers cover topical ophthalmic treatment early refills in a manner similar to or consistent with CMS guidelines for all covered individuals.”

Whereas, Early detection and prevention is critical to preventing serious vision loss as a result of glaucoma; and

Whereas, According to the World Health Organization (WHO), there are an estimated 45 million persons currently having open angle glaucoma and 16 million having angle closure glaucoma, these figures are projected to rise 59 and 21 million respectively by 2020; and

Whereas, The National Eye Institute estimates the prevalence of open angle glaucoma in the U.S. population aged 40 and older at 1.86%; and

Whereas, Risk factors for open angle glaucoma include age, family history, being of African or Latin heritage, have had serious eye injury or surgery, or are taking corticosteroid medication; and

Whereas, West Virginia healthcare providers and pharmacists may work together to continue to inform patients of the ability for early refill of medication and proper usage as prescribed and needed to ensure effective treatment and positive health outcomes; and

Whereas, The Centers for Medicare and Medicaid (CMS) have issued regulations that authorize refills, for inadvertent spillage at a rate of 70% in a thirty day time period, allowing patients to refill at day 21 - for the essential topical ophthalmic treatments; and

Whereas, While the Patient Protection and Accountability Act (PPACA) allows states to mandate health benefits for qualified health plans; however, effective January 1^st, 2014, the PPACA will access costs to the states for additional benefits that are mandated after December 31, 2011; therefore, be it

Whereas, The Legislature shall study early refills of prescription eye drops necessary to allow continued access and treatment for individuals in order to effectively treat eye disease; therefore, be it

            That the Joint Committee on Government and Finance is requested to study the feasibility of permitting the office of the Health Insurance Commissioner to continue to ensure that West Virginia insurers cover topical ophalmic treatment early refills in a manner similar to or consistent with the CMS regulations for all covered individuals; and, be it
            Further Resolved, That Joint Committee on Government and Finance report to the regular session of the Legislature, 2016, 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.

By Delegates Ellington, Householder, Arvon, Cooper, Hill, Kurcaba, Pasdon, Rohrbach, Sobonya, Stansbury, Waxman, Westfall, Fleischauer, Campbell, Longstreth, Moore, Pushkin and Rodighiero:

H. C. R. 137 - “Requesting the Joint Committee on Government and Finance to study access and costs associated with cancer clinical trials.”

Whereas, Only a small percentage of patients with cancer participate in clinical trials, which is due to many issues including a lack of available clinical trials, as well as a lack of awareness that clinical trials are a treatment option, or even what a clinical trial is; and

Whereas, Typically, when a patient enrolls in a clinical trial, the cost of tests, procedures, drugs and any research activity directly associated with the investigation, are covered by the group sponsoring the trial, such as a pharmaceutical company or the National Cancer Institute. However, because some health plans define clinical trials as “experimental” or “investigational”, health insurance coverage may or may not include some or all of the costs of “routine patient care”, such as the doctor visits, hospital stays, tests and x-rays, that a patient would normally receive whether or not they were enrolled in a trial; and

Whereas, For cancer patients to access, properly designed and conducted clinical trials represents an important therapeutic option, as well as a critical means of advancing medical knowledge; therefore, be it

            That the Joint Committee on Government and Finance is hereby requested to study and review access and costs associated with cancer clinical trials; and, be it
            Further Resolved, That Joint Committee on Government and Finance report to the regular session of the Legislature, 2016, 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.

By Delegates Ellington, Householder, Arvon, Cooper, Hill, Kurcaba, Rohrbach, Sobonya, Stansbury, Waxman, Westfall, Fleischauer, Campbell, Longstreth, Moore, Pushkin and Rodighiero:

H. C. R. 138 - “Requesting the Joint Committee on Government and Finance to study and review the managed care system within the Bureau for Medical Services.”

Whereas, The Bureau for Medical Services (BMS), Office of Medicaid Managed Care, initiated a risk-based managed care program for certain groups of Medicaid recipients in September 1996; and

Whereas, The Managed Care Organization’s (MCO's) under contract with BMS are; Coventry Health Care of West Virginia, The Health Plan of the Upper Ohio, Unicare and West Virginia Family Health - - The name of the program is Mountain Health Trust; and

Whereas, Under this program, the Bureau contracted with three MCO's for the provision of medically necessary services currently provided by the State, with the exception, most notably, of behavioral health, long term care and non-emergency medical transportation services, and

Whereas, Seventy percent of citizens who have behavioral health issue also has at least one chronic condition, decreasing their quality of life, and their mental state suffers from their inability to manage their health concern; and

Whereas, According to a Public Works Audit commissioned by the Department of Health and Human Resources, they have recommended that the State of West Virginia integrate behavioral health into Mountain Health Trust’s Medicaid population; and

Whereas, Managed care rates are based on “per payer, per month” system. The state pays each MCO a set rate based on the number of Medicaid patients it serves, regardless of their individual health-care needs; and

Whereas, It is the intent of the legislature that West Virginia’s Medicaid population is properly maintained, while also providing that the Mountain Health Trust contract and implementation is actuarially sound and responsible; therefore be it

            That the Joint Committee on Government and Finance is hereby requested to study and review the managed care contract within the Bureau for Medical Services; and, be it
            Further Resolved, That the Joint Committee on Government and Finance monitor, assess and provide assistance to the Bureau for Medical Services while it transitions it’s Medicaid population into Mountain Health Trust in insuring that it be actuarially sound and that administrative costs and medical loss ratio are consistent with national standards; and, be it
            Further Resolved, That Joint Committee on Government and Finance report to the regular session of the Legislature, 2016, 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.

By Delegates Ellington, Householder, Arvon, Cooper, Hill, Kurcaba, Pasdon, Rohrbach, Sobonya, Stansbury, Waxman, Westfall, Fleischauer, Campbell, Longstreth, Moore, Pushkin and Rodighiero:

H. C. R. 134 - “Requesting the Joint Committee on Government and Finance to study the Health Care Authority and the certificate of need review process.”

Whereas, The certificate of need review process was enacted by the West Virginia Legislature in 1977 and became a part of the Health Care Authority in 1983; and

Whereas, The certificate of need review process is intended to be a regulatory element designed to assist the Health Care Authority to control health care costs, improve the quality and efficiency of the state's health care system, encourage collaboration and develop a system of health care delivery available to all of West Virginia's citizens; and

Whereas, Unless specifically exempted, all health care providers in West Virginia must obtain a certificate of need prior to the addition or expansion of health care services, to exceed certain capital expenditures, to obtain major medical equipment or to develop or acquire a new health care facility; and

Whereas, The structure of certificate of need review varies widely from state to state and some states have either repealed or limited the scope of the certificate of need review process; and
Whereas, In some respects the certificate of need review process in West Virginia has substituted

Whereas, Restructuring the certificate of need review process to better account for cost containment with attention paid to efficient allocation of scarce resources, the impact on effective delivery of health care services, a greater attention to balancing quality of care and service delivery with entrepreneurial insight and patient preference, and a focus on availability of services to the citizens of West Virginia through a more competitive free market may be needed; therefore, be it

            That the Joint Committee on Government and Finance is hereby requested to study the certificate of need review process within the Health Care Authority; and, be it
            Further Resolved, That the Joint Committee on Government and Finance consider an alternative framework to the certificate of need review process more centered on a free market in the delivery of medical care in health care facilities and equipment; and, be it
            Further Resolved, That Joint Committee on Government and Finance report to the regular session of the Legislature, 2016, 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.

By Delegates Ellington, Householder, Arvon, Cooper, Hill, Kurcaba, Pasdon, Rohrbach, Sobonya, Stansbury, Waxman, Westfall, Fleischauer, Campbell, Longstreth, Moore, Pushkin and Rodighiero:

H. C. R. 135 - “Requesting the Joint Committee on Government and Finance to study state hospitals in regards to the Hartley Case.”

Whereas, In 1982, the West Virginia Supreme Court found that it was contrary to West Virginia Mental Health Law for the Department of Health and Human Resources to merely “warehouse” an individual in a state mental institution; and

Whereas, Both parties entered into a massive consent order dealing with every aspect of the state mental health system, with a judge and court monitor to aggressively oversee the state mental health system; and

Whereas, In 2001, an order was issued terminating this case except for nine unresolved issues, and creating a behavioral health ombudsman within the department to replace the court monitor; and

Whereas, In 2005 the judge issued a series of orders addressing the forensic needs of the state; and

Whereas, In 2009 a hearing was held to explore the problem of overcrowding, lack of community supports and traumatic brain injuries provided by DHHR to people with mental illness; and

Whereas, Several terms where reached in the order requiring that the DHHR comply with the improvement of conditions; and

Whereas, The State of West Virginia has dedicated and is dedicating large amounts of it’s budget on attempting to comply with ongoing orders and legal fees; and

Whereas, It is the Legislature’s intent to review the current status of state mental hospitals and determine available options in order to maintain a financially sound yet responsible approach in meeting patient needs as it affects the Hartley case; therefore be it

            That the Joint Committee on Government and Finance is hereby requested to study and assist in the conclusion of the Hartley case as it affects the state’s two psychiatric hospitals; and, be it
            Further Resolved, That Joint Committee on Government and Finance report to the regular session of the Legislature, 2016, 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.

Chairman McCuskey, 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 10^th day of March, 2015, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:

Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

Delegate Pasdon, Chair of the Committee on Education, submitted the following report, which was received:

S. B. 447, Allowing issuance of diploma by public, private or home school administrator,

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

Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

Com. Sub. for S. B. 286, Relating to compulsory immunizations of students; exemptions,

S. B. 585, Relating to regulation of transportation network and taxicab companies,

And reports the same back, with amendment, with the recommendation that they each do pass, as amended.

Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

Com. Sub for S. B. 315, Relating to civil actions filed under Consumer Protection Act,

Com. Sub. for S. B. 325, Relating to filing of candidates’ financial disclosure statements,

Com. Sub. for S. B. 542, Clarifying provisions of Consumer Credit and Protection Act relating to debt collection,

And reports the same back, with amendment, with the recommendation that they each do pass, as amended.

Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

Com. Sub. for S. B. 273, Relating to brewer, resident brewer and brewpub licensing and operations,

S.B. 312, Relating to disqualification of general election nominees for failure to file campaign finance statements,

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

A message from The Clerk of the Senate announced the concurrence by that body in the reconsideration, amendment and passage as amended, by a vote of a majority of all the members elected to the Senate, as a result of the objections of the Governor, of

Com. Sub. for H. B. 2010, Requiring the elections of justices of the West Virginia Supreme Court of Appeals, circuit court judges, family court judges and magistrates be nonpartisan and by division.

The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:

The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, to take effect from passage, of

The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of

The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:

H. C. R. 130, Requesting the Joint Committee on Government and Finance to study and review current law, procedure and public services intended to protect against senior citizen financial abuse and exploitation,

H. C. R. 131, Requesting the Joint Committee on Government and Finance to study the issues, needs and challenges facing senior citizens in this state,

H. C. R. 132, Requesting the Joint Committee on Government and Finance study the economic impact of making all hunting and fishing licenses valid for a period of one year from the date of issue,

H. C. R. 133, Requesting the Joint Committee on Government and Finance study the economic impact of reducing or eliminating the necessity for certain hunting, fishing and trapping licenses.

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

Third ReadingCom. Sub. for S. B. 336, Eliminating Health Care Authority’s power to apply certain penalties to future rate applications; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 429), and there were--yeas 100, nays none, absent and not voting none.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 336) passed.

On this question, the yeas and nays were taken (Roll No. 430), and there were--yeas 100, nays none, absent and not voting none.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 336) takes effect from its passage.

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

S. B. 502, Relating to eligibility for certain reclamation or remediation tax credit; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 431), and there were--yeas 97, nays 3, absent and not voting none, with the nays being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 502) passed.

On motion of Delegate Ireland, the title of the bill was amended to read as follows:

S. B. 502 - “A Bill to amend and reenact §22-3-11 of the Code of West Virginia, 1931, as amended, relating generally to surface mining and reclamation; bonding; special reclamation tax and funds; prohibited acts; bond liability; specifying retrospective eligibility of a mine operator to receive a tax credit for performing reclamation or remediation at a bond forfeiture site which otherwise would have been reclaimed using funds from the Special Reclamation Fund or Special Reclamation Water Trust Fund; and specifying limitations.”

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

Second ReadingCom. Sub. for S. B. 19, Specifying minimum early childhood education program instruction days; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the bill on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

“That §18-5-44 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

(a) For the purposes of this section, an ‘early childhood education program’ means programs a program created under this section for children who have attained the age of four prior to September 1 of the school year in which the pupil enters the children enter the program. created in this section

(1) Among other positive outcomes, early childhood education programs have been determined to:

(2) Quality early childhood education programs improve school performance, and low-quality early childhood education programs may have negative effects, especially for at-risk children;

(3) West Virginia has the lowest percentage of its adult population twenty-five years of age or older with a bachelor’s degree, and the education level of parents is a strong indicator of how their children will perform in school;

(4) During the 2006-2007 school year, West Virginia ranked thirty-ninth among the fifty states in the percentage of school children eligible for free and reduced lunches, and this percentage is a strong indicator of how the children will perform in school;

(5) For the school year 2008-2009, 13,135 students were enrolled in prekindergarten, a number equal to approximately sixty-three percent of the number of students enrolled in kindergarten;

(6) Excluding projected increases due to increases in enrollment in the early childhood education program, projections indicate that total student enrollment in West Virginia will decline by one percent, or by approximately 2,704 students, by the school year 2012-2013;

(7) In part, because of the dynamics of the state aid formula, county boards will continue to enroll four-year-old students to offset the declining enrollments;

(8) West Virginia has a comprehensive kindergarten program for five-year-olds, but the program was established in a manner that resulted in unequal implementation among the counties, which helped create deficit financial situations for several county boards;

(9) Expansion of current efforts to implement a comprehensive early childhood education program should avoid the problems encountered in kindergarten implementation;

(10) Because of the dynamics of the state aid formula, counties experiencing growth are at a disadvantage in implementing comprehensive early childhood education programs; and

(11) West Virginia citizens will benefit from the establishment of quality comprehensive early childhood education programs.

(c) Beginning no later than the school year 2012-2013, and continuing thereafter, county boards shall provide early childhood education programs for all children who have attained the age of four prior to September 1 of the school year in which the pupil enters children enter the early childhood education program. Beginning no later than the school year 2016-2017, and continuing thereafter, these early childhood education programs shall provide at least that are full day and five days four days of instruction per week, provide at least one thousand two hundred minutes of instruction per week and include at least one hundred forty-six instructional days per year. shall be available to all children meeting the age requirement set forth in this subsection.

(1) It shall be voluntary, except that, upon enrollment, the provisions of section one one-a, article eight of this chapter apply to an enrolled student, subject to subdivision (34) of this subsection;

(2) It shall be open to All all children meeting the age requirement set forth in this section; shall have the opportunity to enroll in a program that is full day and five

(3) It shall provide at least four days of instruction per week, provide at least one thousand two hundred minutes of instruction per week and include at least one hundred forty-six instructional days per year; The program may be for fewer than five days per week and may be less than full day based on family need if a sufficient number of families request such programs and the county board finds that such programs are in the best interest of the requesting families and students: Provided, That the ability of families to request programs that are fewer than five days a week or less than a full day does not relieve the county of the obligation to provide all resident children with the opportunity to enroll in a full-day program and

(34) It shall permit A a parent of a an enrolled child enrolled in an early education program may to withdraw a the child from that program for good cause by notifying the district. Good cause includes, but is not limited to, enrollment of the child in another program or the immaturity of the child. A child withdrawn under this section is not subject to the attendance provisions of this chapter until that child again enrolls in a public school in this state.

(e) Enrollment of students in Head Start, or in any other program approved by the state superintendent as provided in subsection (k) of this section, may be counted toward satisfying the requirement of subsection (c) of this section.

(f) For the purposes of implementation financing, all counties are encouraged to make use of funds from existing sources, including:

(1) Federal funds provided under the Elementary and Secondary Education Act pursuant to 20 U. S. C. §6301, et seq.;

(2) Federal funds provided for Head Start pursuant to 42 U. S. C. §9831, et seq.;

(3) Federal funds for temporary assistance to needy families pursuant to 42 U. S. C. §601, et seq.;

(4) Funds provided by the School Building Authority pursuant to article nine-d of this chapter;

(5) In the case of counties with declining enrollments, funds from the state aid formula above the amount indicated for the number of students actually enrolled in any school year; and

(g) Each county board shall develop a plan for implementing the program required by this section. The plan shall include the following elements:

(1) An analysis of the demographics of the county related to early childhood education program implementation;

(3) Financial requirements for implementation and potential sources of funding to assist implementation;

(4) Details of how the county board will cooperate and collaborate with other early childhood education programs including, but not limited to, Head Start, to maximize federal and other sources of revenue;

(h) A county board shall submit its plan to the Secretary of the Department of Health and Human Resources. The secretary shall approve the plan if the following conditions are met:

(1) The county board has maximized the use of federal and other available funds for early childhood programs; and

(2) The county board has provided for the maximum implementation of Head Start programs and other public and private programs approved by the state superintendent pursuant to the terms of subsection (k) of this section; and or

(3) If the The Secretary of the Department of Health and Human Resources secretary finds that, if the the county board has not met one or more of the requirements of this subsection, but that the county board has acted in good faith and the failure to comply was not the primary fault of the county board. then the secretary shall approve the plan. Any denial by the secretary may be appealed to the circuit court of the county in which the county board is located.

(i) The county board shall submit its plan for approval to the state board. The state board shall approve the plan if the county board has complied substantially with the requirements of subsection (g) of this section and has obtained the approval required in subsection (h) of this section.

(j) Every county board shall submit its plan for reapproval by the Secretary of the Department of Health and Human Resources and by the state board at least every two years after the initial approval of the plan and until full implementation of the early childhood education program in the county. As part of the submission, the county board shall provide a detailed statement of the progress made in implementing its plan. The standards and procedures provided for the original approval of the plan apply to any reapproval.

(k) A county board may not increase the total number of students enrolled in the county in an early childhood program until its program is approved by the Secretary of the Department of Health and Human Resources and the state board.

(l) The state board annually may grant a county board a waiver for total or partial implementation if the state board finds that all of the following conditions exist:

(B) It does not and has not had available funds sufficient to implement the program;

(2) The county has not experienced a decline in enrollment at least equal to the total number of students to be enrolled; and

(3) Other agencies of government have not made sufficient funds or facilities available to assist in implementation.

Any county board seeking a waiver shall apply with the supporting data to meet the criteria for which they are eligible on or before March 25 for the following school year. The state superintendent shall grant or deny the requested waiver on or before April 15 of that same year.

(m) The provisions of subsections (b), (c) and (d), section eighteen of this article relating to kindergarten apply to early childhood education programs in the same manner in which they apply to kindergarten programs.

(n) Annually, the state board shall report to the Legislative Oversight Commission on Education Accountability on the progress of implementation of this section.

(o) Except as required by federal law or regulation, no county board may enroll students who will be less than four years of age prior to September 1 for the year they enter school.

(p) Neither the state board nor the state department may provide any funds to any county board for the purpose of implementing this section unless the county board has a plan approved pursuant to subsections (h), (i) and (j) of this section.

(q) The state board shall promulgate a rule in accordance with the provisions of article three-b, chapter twenty-nine-a of this code for the purposes of implementing the provisions of this section. The state board shall consult with the Secretary of the Department of Health and Human Resources in the preparation of the rule. The rule shall contain the following:

(r) The rule shall include the following elements relating to curriculum standards:

(1) A requirement that the curriculum be designed to address the developmental needs of four-year-old children, consistent with prevailing research on how children learn;

(2) A requirement that the curriculum be designed to achieve long-range goals for the social, emotional, physical and academic development of young children;

(3) A method for including a broad range of content that is relevant, engaging and meaningful to young children;

(4) A requirement that the curriculum incorporate a wide variety of learning experiences, materials and equipment, and instructional strategies to respond to differences in prior experience, maturation rates and learning styles that young children bring to the classroom;

(5) A requirement that the curriculum be designed to build on what children already know in order to consolidate their learning and foster their acquisition of new concepts and skills;

(6) A requirement that the curriculum meet the recognized standards of the relevant subject matter disciplines;

(7) A requirement that the curriculum engage children actively in the learning process and provide them with opportunities to make meaningful choices;

(8) A requirement that the curriculum emphasize the development of thinking, reasoning, decision-making and problem-solving skills;

(9) A set of clear guidelines for communicating with parents and involving them in decisions about the instructional needs of their children; and

(10) A systematic plan for evaluating program success in meeting the needs of young children and for helping them to be ready to succeed in school.

(s) The secretary and the state superintendent shall submit a report to the Legislative Oversight Commission on Education Accountability and the Joint Committee on Government and Finance which addresses, at a minimum, the following issues:

(1) A summary of the approved county plans for providing the early childhood education programs pursuant to this section;

(2) An analysis of the total cost to the state and county boards of implementing the plans;

(3) A separate analysis of the impact of the plans on counties with increasing enrollment; and

(4) An analysis of the effect of the programs on the maximization of the use of federal funds for early childhood programs.

The intent of this subsection is to enable the Legislature to proceed in a fiscally responsible manner and make any necessary program improvements based on reported information prior to implementation of the early childhood education programs.

(t) After the school year 2012-2013, on or before July 1 of each year, each county board shall report the following information to the Secretary of the Department of Health and Human Resources and the state superintendent:

(1) Documentation indicating the extent to which county boards are maximizing resources by using the existing capacity of community-based programs, including, but not limited to, Head Start and child care; and

(2) For those county boards that are including eligible children attending approved, contracted community-based programs in their net enrollment for the purposes of calculating state aid pursuant to article nine-a of this chapter, documentation that the county board is equitably distributing funding for all children regardless of setting.”

S. B. 106, Excepting professional engineer member from sanitary board when project engineer is under contract; on second reading, coming up in regular order, was read a second time and ordered to third reading.

Com. Sub. for S. B. 140, Amending State Administrative Procedures Act; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page five, line five, section two, immediately following the word “rule”, by striking out the comma and “as defined in subdivision (j) of this section” and the following comma.

On page eight, line ten, by following the word “numbering”, by striking the words “or grammatical error” and inserting in lieu thereof “grammatical errors, or changes to language to standardize rules generally without affecting the content of any rule”.

On motion of Delegate Lane, the bill was amended on page four, section two, line four, by striking out the word “private” and inserting in lieu thereof the words “constitutional, statutory or common law”.

On page four, section two, line six, following the words “exercise of ”, by striking out the word “private” and inserting in lieu thereof the words “constitutional, statutory or common law”,

On page five, section two. line seventeen, by striking out the word “private” and inserting in lieu thereof the words “constitutional, statutory or common law”.

On page seven, section two, line twelve, by strikingout the word “private” and inserting in lieu thereof the words “constitutional, statutory or common law”.

Com. Sub. for S. B. 170, Authorizing Bureau of Commerce promulgate legislative rules; on second reading, coming up in regular order, was read a second time.

The Clerk then reported an amendment offered by Delegate Gearheart, on page twelve, line six, after the word “authorized”, by striking out the period and inserting in lieu thereof a comma and the words “with the following amendment” and a colon.

On page two, subsection 6.2., after the word “Commissioner”, by striking out the word “may” and inserting in lieu thereof the word “shall”;

On page two, subdivision 6.2.3.a, by inserting a period after the word, “program” and striking out the remainder of the sentence and subdivision 6.2.3.b;

On page four, subsection 10.3., after the word “rule”, by inserting the following: “that are applicable to the duties and knowledge required by an HVAC technician for the installation, repair and maintenance of HVAC ”;

On page six, subsection 13.1., after the word “license”, by inserting the following:

“: Provided, That no fee may be charged for an HVAC technician license for a person who holds an HVAC contractor’s license pursuant to article eleven, chapter twenty-one of the W. Va. Code.”.’”

Delegate Householder requested to be excused from voting on Com. Sub. for S. B. 170 under the provisions of House Rule 49.

The Speaker replied that any impact on Delegate Householder would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Gentleman from voting.

Com. Sub. for S. B. 182, Authorizing Department of Military Affairs and Public Safety promulgate legislative rules; on second reading, coming up in regular order, was read a second time.

The Clerk then reported an amendment offered by Delegate Gearheart, on page four, line eleven, after the word “authorized”, by striking out the period and inserting in lieu thereof a comma and the words “with the following amendment:

‘On page six, section seven, subsection seven after the words “Code of West Virginia”, by striking out the comma and the remainder of sentence and inserting in lieu thereof the following:

“And shall pass a test developed by the state fire marshal on HVAC Fire Safety.”

Delegate Householder requested to be excused from voting on Com. Sub. for S. B. 182 under the provisions of House Rule 49.

Com. Sub. for S. B. 192, Authorizing Department of Transportation promulgate legislative rules; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk on page two, after the enacting clause, by striking out the remainder of the bill inserting in lieu thereof the following:

That article 8, chapter 64 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 8. AUTHORIZATION FOR DEPARTMENT OF TRANSPORTATION TO PROMULGATE LEGISLATIVE RULES.

The legislative rule filed in the State Register on August 1, 2014, authorized under the authority of section nine, article two, chapter seventeen-a of this code, modified by the Division of Motor Vehicles to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 31, 2014, relating to the Division of Motor Vehicles (examination and issuance of driver's licenses, 91 CSR 4), is authorized with the following amendments:

On page two, subsection 3.1., lines eight and nine, by striking out “§17B-2-8(i)” and inserting in lieu thereof “§17B-2-8(i)”;

On page six, subdivision 3.11.a., line six, by striking out “§17B-2-8(i)” and inserting in lieu thereof “§17B-2-8(i)”;

On page seven, subsection 3.11, after line two, by adding a new subdivision 3.11.e to read as follows:

“3.11.e In lieu of a social security card as proof of social security number, the following documents may be used to obtain a not for federal use driver’s license or a not for federal use identification card:

(i) An original or a copy of a certified Military Discharge Form DD 214 issued by the U.S. Military, with the social security number; or

(ii) A Medicare card issued in the applicant’s full name, which contains the applicant’s social security number and the signature of the applicant as the card holder.”

On page seven, subsection 4.1, line seventeen17, after the word “Commissioner.”, by adding the following:

“The Division shall make available information for driver’s license and ID applicants that clearly delineates the requirements for a for federal use driver license or ID and a not for federal use driver’s license and ID.”;

On page ten, subsection 4.1.f, line five after the word “commissioner”, by adding the following:

“which form must require and be accompanied by a certification by a medical doctor that a sex change has been completed, otherwise the requested change shall not be approved”

On page fourteen, subsection 5.1.d, line eleven after the phrase “minimum of”, by removing the strikethrough of the word “thirty” and striking the word “fifty”.

On page seventeen, subsection 5.8.c, line nineteen after the phrase “minimum of”, by removing the strikethrough of the word “thirty” and striking the word “fifty”.

On page twenty-one, subsection 7.2, line six, after the word “record.”, by adding the following:

“The renewal form shall clearly delineate the requirements for a for federal use driver license or ID and a not for federal use driver’s license and ID.”;

On page twenty-five, line eight, by adding a new subsection 7A.1.c to read as follows:

“7A.1.c. The Division’s online renewal process shall clearly delineate the requirements for a for federal use driver license or ID and a not for federal use driver’s license and ID.”;

On page twenty-seven, subsection 8.2.c, line one after the word “commissioner”, by adding the following:

“which form must require and be accompanied by a certification by a medical doctor that a sex change has been completed”

On page thirty-one, subsection 9.5, line 17 after the word “commissioner”, by adding the following:

“which form must require and be accompanied by a certification by a medical doctor that a sex change has been completed”

On page forty-two, subsection 13.6.b, line 9 after the phrase “education or”, by removing the strikethrough of the word “thirty” and striking the word “fifty”.

On page thirty-four, subdivision 11.1.b, lines seventeen through nineteen, by striking out all of subdivision 11.1.b and inserting in lieu thereof the following:

“11.1.b. A valid photo driver’s license or identification card expired six months or less issued the Division only on a not for federal use driver’s license and a not for federal use identification card.”

On page thirty-five, subdivision 11.1.d., line one, by striking out “§17B-2-8(i)” and inserting in lieu thereof “§17B-2-8(i), only on a not for federal use driver’s license and a not for federal use identification card ”;

On page thirty-six, lines fourteen and fifteen, by striking out all of subdivision 12.2.b. and inserting in lieu thereof a new subdivision 12.2.b. to read as follows:

“12.2.b. A United States passport or passport card, currently valid or expired less than 2 years, only on a not for federal use driver's license and a not for federal use identification card.”;

On page forty-seven, subdivision 14.7.e, line fifteen, after the word “endocrinologist”, by inserting the words “or primary care physician”;

On page fifty-two, subsection 14.14, line three, by striking out the word “two” and inserting in lieu thereof the word “three”;

On page fifty-two, subsection 14.14, line six, by striking out the word “two” and inserting in lieu thereof the word “three”.

The legislative rule filed in the State Register on July 31, 2014, authorized under the authority of section four-a, article five-c, chapter seventeen-c of this code, modified by the Office of Administrative Hearings to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 23, 2014, relating to the Office of Administrative Hearings (appeal procedures, 105 CSR 1), is authorized with the following amendment:

On page fourteen, subdivision 16.3.1., by changing the period to a colon and adding the following proviso: Provided, That if a party prevails in its appeal, the OAH shall refund the $50 filing fee.

On motion of Delegate Shott, the amendment was amended on page two, section one, by striking out lines fifteen through eighteen and on page three, section one, by striking out lines ten and eleven.

Com. Sub. for S. B. 199, Authorizing miscellaneous agencies and boards promulgate legislative rules; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk on page twelve, section eight, line five, by striking out the word “six” and inserting in lieu thereof the word “five”.

On page eighteen, second ten, line three, immediately following the word “authorized”, by inserting the following:

On page four, subsection 6.3, by striking out the words ‘, and the standards in the AAEP Care Guidelines for Equine Rescue and Retirement Facilities ’ ”.

On motion of Delegates Foster and Waxman the amendment was amended on page twelve, section eight, line five, by striking out the word “six” and inserting in lieu thereof the word “four”.

“On page three, subdivision 3.1.u., by striking out all of paragraph 3.1.u.1 through paragraph 3.1.u.8 and renumbering the remaining paragraph” and inserting in lieu thereof:

“On page three, subdivision 3.1.u., by striking out all of subdivision 3.1.u”.

Com. Sub. for S. B. 243, Relating to school nutrition standards during state of emergency or preparedness; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the bill on page three, section six-a, line thirteen, by striking out the word “effected” and inserting in lieu thereof the word “affected”.

Delegate Campbell moved to amend the bill on page two, line eleven, after the period, by inserting the following:

“Each public school faculty senate, together with the school principal, shall adopt a plan regarding how that school will administer school or classroom celebrations on a periodic basis as determined by the school principal in compliance with provisions of this code and state board policy governing required instructional time. Subject to approval of the local school improvement council, and for the purpose of such events only, a school is authorized to waive only the nutritional and caloric content requirements of state board policies regarding standards for school nutrition.”

Delegate Pasdon arose to a point of order as to the germaneness of the amendment.

To the point of order the Speaker replied, stating that the fundamental purpose of the bill relates to the authority to suspend nutritional rules when there is a state of emergency and a state of preparedness in the State of West Virginia and it does not go into the specific rules in what constitutes nutritional rules. The Lady’s amendment would in fact go into what would go into those rules, therefore, it is the ruling of the Chair that the amendment is not germane.

Delegate Campbell arose to appeal the ruling of the Chair, which demand was sustained.

Delegate Campbell asked and obtained unanimous consent that the motion be withdrawn.

At 2:29 p.m., on motion of Delegate Cowles, the House of Delegates recessed for twenty minutes.

Com. Sub. for S. B. 243, Relating to school nutrition standards during state of emergency or preparedness; was taken up for further consideration.

Com. Sub. for S. B. 284, Relating to chief law-enforcement officer’s requirement to certify transfer or making of certain firearms; on second reading, coming up in regular order, was read a second time and ordered to third reading.

Com. Sub. for S. B. 287, Providing posthumous high school diplomas; on second reading, coming up in regular order, was read a second time.

“That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18-2-32, to read as follows:

(b) Notwithstanding any provision of this code to the contrary, the state board shall provide for the awarding of a high school diploma to a deceased student, at the request of the parent, guardian or custodian, if the student:

(2) Was academically eligible, or on track to complete the requirements for graduation at the time of death; and

Com. Sub. for S. B. 342, Clarifying scope, application and requirements for error corrections by CPRB; on second reading, coming up in regular order, was read a second time and ordered to third reading.

Com. Sub. for S. B. 352, Expanding scope of cooperative associations to goods and services including recycling; on second reading, coming up in regular order, was, on motion of Delegate Cowles, laid over, retaining its place on the calendar.

S. B. 360, Repealing code sections relating to book indexes and claims reports required by court clerks; on second reading, coming up in regular order, was read a second time and ordered to third reading.

Com. Sub. for S. B. 390, Authorizing PSC approve expedited cost recovery of natural gas utility infrastructure projects; on second reading, coming up in regular order, was read a second time.

At the request of Delegate Cowles, and by unanimous consent, the bill was advanced to third reading with an amendment pending, and the rule was suspended to permit the consideration of the amendment on that reading.

S. B. 403, Increasing period during which motor vehicle lien is valid; on second reading, coming up in regular order, was read a second time and ordered to third reading.

Com. Sub. for S. B. 409, Establishing Fair and Open Competition in Governmental Construction Act; on second reading, coming up in regular order, was read a second time and ordered to third reading.

S. B. 412, Relating to Real Estate Commission complaint filings; on second reading, coming up in regular order, was read a second time and ordered to third reading.

Com. Sub. for S. B. 430, Permitting mutual orders enjoining certain contact between parties to domestic relations actions; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, by striking out everything after the enacting clause and inserting the following:

“That §48-27-507 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code by amended by adding thereto a new section, designated §51-2A-2a, to read as follows:

Mutual protective orders are prohibited unless both parties have filed a petition under part 3 of this article and have proven the allegations of domestic violence by a preponderance of the evidence. This shall not prevent other persons, including the respondent, from filing a separate petition. The court may consolidate two or more petitions if he or she determines that consolidation will further the interest of justice and judicial economy. The court shall enter a separate order for each petition filed: Provided, That nothing in this section shall preclude the court from entering an order restricting contact pursuant to section two-a, article two-a, chapter fifty-one of this code.

(a) A family court in its discretion may, at any time during the pendency of any action prosecuted under chapter forty-eight of this code, restrict contact between the parties thereto without a finding of domestic violence under article twenty-seven of said chapter. This order shall not be considered a protective order for purposes of section five hundred seven, article twenty-seven, chapter forty-eight of this code. A court may enter a standing order regarding the conduct expected of the parties during the proceeding. Any standing order may restrict the parties from:

(1) Entering the home, school, business or place of employment of the other for the purpose of bothering or annoying the other;

(2) Contacting the other, in person, in writing, electronically or by telephone, for purposes not clearly necessary for the prosecution of the underlying action or any obligation related thereto or resulting therefrom;

(b)Upon a finding of misconduct by a party, the Court shall enter an Order against the offending party enjoining the conduct which disturbs or interferes with the peace or liberty of the other party so long as such conduct does not rise to the level of or constitute domestic violence as defined in article twenty seven of Chapter forty-eight of this Code. The Court shall not issue orders under this section in cases where the conduct of either party has previously risen to the level of domestic violence.

(c) Nothing in this section shall preclude the court from entering an emergency protective order, or final protective order, as provided in article twenty-seven, chapter forty-eight of this code.

(d) Notwithstanding the provisions of section five hundred five, article twenty-seven, chapter forty-eight of this code, an order entered pursuant to the provisions of this section shall remain in effect for a period of time as specified in the order.

(e) The court may enforce orders under this section against the offending party through its powers of contempt, pursuant to section nine of this article.

(f) It is the express intent of the Legislature that orders issued pursuant to this section are to restrict behavior which is not of sufficient severity to implicate the provisions of article twenty-seven, chapter forty-eight of this code and 18 U.S.C. section 922(g)(8).”

S. B. 481, Relating to municipal policemen's and firemen’s pension and relief funds’ investment; on second reading, coming up in regular order, was read a second time and ordered to third reading.

S. B. 483, Clarifying continuing election of municipal policemen's and firemen's pension and relief funds’ trustees; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page one following the enacting section, by striking out the remainder of the bill in its entirety and inserting in lieu thereof the following:

“ARTICLE 22. RETIREMENT BENEFITS GENERALLY; POLICEMEN’S PENSION AND RELIEF FUND; FIREMEN’S PENSION AND RELIEF FUND; PENSION PLANS FOR EMPLOYEES OF WATERWORKS SYSTEM, SEWERAGE SYSTEM OR COMBINED WATERWORKS AND SEWERAGE SYSTEM.

§8-22-18. Members of board of trustees; how elected; presiding officers; secretary.

(a) The board of trustees of the policemen’s pension and relief fund shall consist of the mayor of the municipality and four members of the paid police department, to be chosen as hereinafter in this section specified. The mayor of such municipality shall give notice of an election to be held on the second Monday of the month following the adoption of the ordinance providing for the establishment and maintenance of such fund, which notice shall be served upon each member of the paid police department and which shall notify each member that between the hours of nine in the forenoon and six in the afternoon, on the day designated for such election, an election will be held for such purpose and that each member shall furnish in writing the names of four members of the paid police department voted for; and all votes so cast shall be counted and canvassed by the mayor and the governing body for the first election, and thereafter the votes shall be counted by the then existing members of such board, who after such election shall announce the results, and the four members of the paid police department receiving the highest number of votes shall, with the mayor, constitute ‘The Board of Trustees of the Policemen’s Pension and Relief Fund of (name of municipality).’ As to the first election held following the adoption of the ordinance providing for the establishment and maintenance of such fund, the member receiving the highest number of votes shall serve for a period of four years, the member receiving the second highest number of votes shall serve for a period of three years, the member receiving the third highest number of votes shall serve for a period of two years and the member receiving the fourth highest number of votes shall serve for a period of one year.

(b) After such the first election, the board shall hold a similar election each year to elect one member to succeed, for a term of four years, the retiring member. In the case of a tie vote being received by any two individuals for the office of trustee, such tie vote shall be decided by casting lots, or in any other way which may be agreed upon by the individuals for whom such tie vote was cast. The results of such election shall be entered in the record of the proceedings of the board and the members so elected shall, except as herein above specified with respect to the first election, serve for four years and until their successors are elected and have qualified. The election for such members of the board of trustees shall be held annually upon the second Monday of the same month during which the first election was held. In case of a vacancy by death, resignation, or otherwise, or resignation among the members so elected, the remaining members of the board shall choose the successor, or successors, until the next annual election at which latter time all vacancies shall be filled: Provided, That in the case of an elected member retiring during his or her term, the retired member may continue to serve the remainder of his or her term.

(c) The board of trustees of the firemen’s pension and relief fund shall consist of the mayor of the municipality and four members of the paid fire department, to be chosen in the same manner and for such terms as is provided above in this section for the election of policemen to the policemen’s pension and relief fund board of trustees.

(d) The presiding officer of any such board of trustees shall be the mayor of the municipality and the secretary thereof shall be appointed by the board. It shall be the duty of such secretary to keep a full and permanent record of all of the proceedings of the board and said trustees may fix the secretary’s compensation for this work, which shall be paid out of the funds of said policemen’s pension and relief fund or firemen’s pension and relief fund, as the case may be.

(e) For all pension and relief funds closed after January 1, 2010, pursuant to subsection (e), section twenty of this article and those closed after April 1, 2011, pursuant to subsection (f), section twenty of this article, the boards shall continue to elect four trustees until there are no more beneficiaries to be paid from the fund. Trustees are elected in the same manner and for the same terms but may be members of the paid police or fire departments or retirees from the paid police or fire departments.”

Com. Sub. for S. B. 488, Reestablishing and modifying Broadband Deployment Council; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page two after the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

“That §31-15C-10, §31-15C-11 and §31-15C-14 of the Code of West Virginia, 1931, as amended, be repealed; and that §31-15C-2, §31-15C-3, §31-15C-4, §31-15C-5, §31-15C-7 and §31-15C-9 of said code be amended and reenacted, all to read as follows:

(1) ‘Broadband’ or ‘broadband service’ means any service providing advanced telecommunications capability with the same downstream data rate and upstream data rate as is specified by the Federal Communications Commission and that does not require the end-user to dial up a connection that has the capacity to always be on, and for which the transmission speeds are based on regular available bandwidth rates, not sporadic or burstable rates, with latency suitable for real-time applications and services such as voice-over Internet protocol and video conferencing, and with monthly usage capacity reasonably comparable to that of residential terrestrial fixed broadband offerings in urban areas: Provided, That as the Federal Communications Commission updates the downstream data rate and the upstream data rate the council will publish the revised data rates in the State Register within sixty days of the federal update.

(2) ‘Broadband demand promotion project’ means a statewide or regional project to undertake activities to promote demand for broadband services and broadband applications.

(3) ‘Broadband deployment project’ means a project to provide broadband services in a type 2 or type 3 unserved area areas as defined in section six of this article.

(5) ‘Downstream data rate’ means the transmission speed from the service provider source to the end-user.

(6) ‘Upstream data rate’ means the transmission speed from the end-user to the service provider source.

(7) ‘Unserved area’ means a community that has no access to broadband service.

§31-15C-3. Broadband Deployment Enhancement Council reestablished; members of council; administrative support.

(a) The Broadband Deployment Enhancement Council is continued hereby established. The council is a governmental instrumentality of the state. The exercise by the council of the powers conferred by this article and the carrying out of its purpose and duties are considered and held to be, and are hereby determined to be, essential governmental functions and for a public purpose. The council is created under the Department of Commerce for administrative, personnel and technical support services only.

(b) The council shall consist of fifteen thirteen voting members, designated as follows:

(3) (2) The Secretary of Administration or his or her designee; The Department of Administration Chief Technology Officer or his or her designee; and

(4) (3) The Director of Homeland Security and Emergency Management or his or her designee The Vice Chancellor for Administration of the Higher Education Policy Commission or his or her designee;

(6) (5) Ten Nine public members that serve at the will and pleasure of the Governor and are appointed by the Governor with the advice and consent of the Senate, as follows:

(i) One member representing employees of communications and cable providers who is a member or representative of a union representing communications workers users of large amounts of broadband services in this state;

(ii) One member from each Congressional district representing the interests of the business community in this state rural business users in this state;

(iii) One member from each Congressional district representing incumbent local exchange carriers who provide broadband services in this state rural residential users in this state;

(iv) One member representing cable operators who provide broadband services in this state; urban business users in this state; and

(v) One member representing competitive local exchange carriers who provide broadband services in this state; urban residential users in this state.

(viii) Three members representing the general public who are residents of the state, one of whom shall represent rural communities, and who may not reside in the same congressional district.

(7) (6) In addition to the fifteen thirteen voting members of the council, the President of the Senate shall name two senators from the West Virginia Senate, one from each party, and the Speaker of the House shall name two delegates from the West Virginia House of Delegates, one from each party, each to serve in the capacity of an ex officio, nonvoting advisory member of the council.

(c) The Secretary of Commerce or his or her designee shall chair the council and appoint one of the other council members to serve as vice chair. The Secretary of Commerce shall chair the first meeting at which time a chair and vice chair shall be elected from the members of the council. In the absence of the Secretary of Commerce or his or her designee chair, the vice chair shall serve as chair. The council shall appoint a secretary-treasurer who need not be a member of the council and who, among other tasks or functions designated by the council, shall keep records of its proceedings.

(d) The council may appoint committees or subcommittees to investigate and make recommendations to the full council. Members of these committees or subcommittees need not be members of the council.

(e) Eight Seven voting members of the council constitute a quorum and the affirmative vote of at least the a simple majority of those members present is necessary for any action taken by vote of the council.

(f) The council is part time. Public members appointed by the Governor may pursue and engage in another business or occupation or gainful employment. Any person employed by, owning an interest in or otherwise associated with a broadband deployment project, project sponsor or project participant may serve as a council member and is not disqualified from serving as a council member because of a conflict of interest prohibited under section five, article two, chapter six-b of this code and is not subject to prosecution for violation of said section when the violation is created solely as a result of his or her relationship with the broadband deployment project, project sponsor or project participant so long as the member recuses himself or herself from board participation regarding the conflicting issue in the manner set forth in legislative rules promulgated by the West Virginia Ethics Commission.

(g) No member of the council who serves by virtue of his or her office receives any compensation or reimbursement of expenses for serving as a member. The public members and members of any committees or subcommittees are entitled to be reimbursed for actual and necessary expenses incurred for each day or portion thereof engaged in the discharge of his or her official duties in a manner consistent with the guidelines of the Travel Management Office of the Department of Administration.

(1) Explore any and all ways to expand access to broadband services, including, but not limited to, middle mile, last mile and wireless applications;

(2) Gather data regarding the various speeds provided to consumers in comparison to what is advertised. The Council may request the assistance of the Legislative Auditor in gathering this data;

(1) (3) Explore the potential for increased use of broadband service for the purposes of education, career readiness, workforce preparation and alternative career training;

(2) (4) Explore ways for encouraging state and municipal agencies to expand the development and use of broadband services for the purpose of better serving the public, including audio and video streaming, voice-over Internet protocol, teleconferencing and wireless networking; and

(3) (5) Cooperate and assist in the expansion of electronic instruction and distance education services. by July 2014.

(b) In addition to the powers set forth elsewhere in this article, the council is hereby granted, has and may exercise all powers necessary or appropriate to carry out and effectuate the purpose and intent of this article. The council shall have the power and capacity to:

(1) Provide consultation services to project sponsors in connection with the planning, acquisition, improvement, construction or development of any broadband deployment project;

(2) Promote awareness of public facilities that have community broadband access that can be used for distance education and workforce development;

(3) Advise on deployment of e-government portals such that all public bodies and political subdivisions have homepages, encourage one-stop government access and that all public entities stream audio and video of all public meetings;

(4) To make and execute contracts, commitments and other agreements necessary or convenient for the exercise of its powers, including, but not limited to, the hiring of consultants to assist in the mapping of the state, and categorization of areas within the state and evaluation of project applications: Provided, That the provisions of article three, chapter five-a of this code do not apply to the agreements and contracts executed under the provisions of this article;

(5) Acquire by gift or purchase, hold or dispose of real property and personal property in the exercise of its powers and performance of its duties as set forth in this article;

(6) Receive and dispense funds appropriated for its use by the Legislature or other funding sources or solicit, apply for and receive any funds, property or services from any person, governmental agency or organization to carry out its statutory duties; and

(c) The council shall exercise its powers and authority to bring advise the Legislature on bringing broadband service to unserved and underserved areas. The council may not duplicate or displace broadband service in areas already served or where private industry feasibly can be expected to offer services in the reasonably foreseeable future. In providing governmental funding for broadband deployment projects, the council shall give priority to funding for projects in areas without access to broadband service of any type or any speed before providing governmental funding for projects in areas with existing broadband service below the minimum speeds specified in section two of this article.

(d) The council shall report to the Joint Committee on Government and Finance on or before January 1 of each year. The report shall include the action that was taken by the council during the previous year in carrying out the provisions of this article. To the extent the report addresses data gathered in connection with subdivision two, subsection a, section four of this article, a copy of the report shall be provided to the Attorney General. The council shall also make any other reports as may be required by the Legislature or the Governor.

All moneys collected by the council, which may, in addition to appropriations, include gifts, bequests or donations, shall be deposited in a special revenue account in the State Treasury known as the Broadband Deployment Enhancement Fund. The fund shall be administered by and under the control of the council Secretary of the Department of Commerce. Expenditures from the fund shall be for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article two, chapter eleven-b of this code: Provided, That for the fiscal year ending the thirtieth day of June, two thousand nine, expenditures are authorized from collections rather than pursuant to appropriation by the Legislature. Provided, That any funds remaining in the fund of the former Broadband Development Council shall be transferred to the Department of Commerce by June 30, 2015.

In order to assist the council with the highly technical task of categorizing the areas of the state and evaluating and prioritizing projects, the council may retain an outside expert consultant or consultants qualified to map the state on the basis of broadband availability, to evaluate, categorize and prioritize projects, to assist in public outreach and education in order to stimulate demand, to advise the council on the granting or denying of funding to projects, and to provide other support and assistance as necessary to accomplish the purposes of this article. The provisions of article three, chapter five-a of this code, shall not apply to the retention of an outside expert consultant pursuant to this section: Provided, that the council shall select the expert or experts by a competitive selection process.

§31-15C-9. Development of guidelines and application for funding assistance; emergency legislative rule-making authority.

(a) In order to implement and carry out the intent of this article in type 2 and type 3 unserved areas, the council Secretary of the Department of Commerce, with the advice and recommendation of the council, shall propose rules for legislative approval, pursuant to the provisions of article three, chapter twenty-nine-a of this code., to develop comprehensive, uniform guidelines for use by the council in evaluating any request by a project sponsor for funding assistance to plan, acquire, construct, improve or otherwise develop and execute a broadband deployment project in a type 2 or type 3 unserved area. The council may promulgate emergency rules pending authorization of the legislative rules.

(3) The availability of alternative sources of funding that could help finance the project, including, but not limited to, private grants or federal funding and the efforts undertaken to obtain such funding;

(4) If the project requires the construction of a network, the applicant’s ability to operate and maintain such network;

(5) The degree to which the project advances statewide broadband access and other state broadband planning goals;

(6) If the project involves the construction of a network, the proposed technologies, bandwidths, upstream data rates and downstream data rates;

(8) How the proposed project compares to alternative proposals for the same unserved area with regard to the number of people served, the amount of financial assistance sought, and the long-term viability of the proposed project; and

(9) Any other consideration the council deems pertinent in evaluating requests for funding assistance.

(c) Under no circumstances may the council’s guidelines allow for the approval of any project for broadband service involving the construction of a network that does not meet the minimum specifications for broadband service as set by the Federal Communications Commission.

(d) The council shall create an application form that shall be used by all project sponsors requesting funding assistance from the council to plan, acquire, construct, improve or otherwise develop and execute broadband deployment projects in type 2 or type 3 unserved areas or broadband demand promotion projects. The application form shall advise applicants of information required by state agencies that will issue permits and certificates regarding the project.

(2) If the project involves the construction of a network, the type(s) of unserved area(s) the project proposes to address;

(4) The amount of funding assistance required and the specific uses of the funding;

(5) Other sources of funding available or potentially available for the project;

(7) That the proposed funding of the project is the most economically feasible and viable alternative to completing the project; and

S. B. 514, Relating to investments of local policemen’s and firemen’s pension and relief funds; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page six, section fourteen-d, line six, following the word “period” and the comma, by adding “provided in subsection (e), section nineteen, article twenty-two, chapter eight of this code” and a comma.

S. B. 515, Allowing Municipal Pensions Oversight Board invest funds with Investment Management Board or Board of Treasury Investments; on second reading, coming up in regular order, was read a second time and ordered to third reading.

S. B. 518, Permitting county and municipal economic development authorities invest certain funds; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on Finance, was reported by the Clerk on page five, section seven, line eleven, following the words “of the authority”, by striking out the semicolon and inserting “under an investment policy adopted and maintained by the board that is consistent with the standards of the Uniform Prudent Investor Act set forth in article six-c, chapter forty-four of this code: Provided, That the board of directors shall consult and invest the funds with the West Virginia Board of Treasury Investments or the West Virginia Investment Management Board”, followed by a semicolon.

On page six, section seven, line two, following the words “of the authority”, by striking out the semicolon and inserting “under an investment policy adopted and maintained by the board that is consistent with the standards of the Uniform Prudent Investor Act set forth in article six-c, chapter forty-four of this code: Provided, That the board of directors shall consult and invest the funds with the West Virginia Board of Treasury Investments or the West Virginia Investment Management Board”, followed by a semicolon.

On page nine, section seven, following line four, by striking out the remainder of the bill.

On page one, following the enacting clause, by striking out the enacting section and inserting in lieu thereof the following:

“That §7-12-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted, to read as follows” and a colon.

Delegate Perdue requested to be excused from voting on the passage of S. B. 518 under the provisions of House Rule 49.

The Speaker replied that any impact on Delegate Perdue would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Gentleman from voting.

The amendment by the Committee on Finance having been adopted, the bill was then ordered to third reading.

S. B. 549, Establishing classifications and salary schedules for State Police forensic lab civilian employees; on second reading, coming up in regular order, was read a second time and ordered to third reading.

S. B. 580, Relating to statute of limitations on health care injury claims for minors; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, after the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

“That §55-7B-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

(a) A cause of action for injury to a person alleging medical professional liability against a health care provider arises as of the date of injury, except as provided in subsection (b) of this section and must be commenced within two years of the date of such injury, or within two years of the date when such person discovers, or with the exercise of reasonable diligence, should have discovered such injury, whichever last occurs: Provided, That in no event shall any such action be commenced more than ten years after the date of injury.

(b) A cause of action for injury to a minor, brought by or on behalf of a minor who was under the age of ten years at the time of such injury, shall be commenced within two years of the date of such injury, or prior to the minor’s twelfth birthday, whichever provides the longer period in accordance with section fifteen, article two of this chapter. This subsection as enacted in 2015 is effective on passage and applies retroactively.

(c) The periods of limitation set forth in this section shall be tolled for any period during which the health care provider or its representative has committed fraud or collusion by concealing or misrepresenting material facts about the injury.”

S. B. 581, Relating to Tourism Promotion Fund and Courtesy Patrol Fund; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page six, section three, line fifteen, following the words “visiting the state” and the period, by striking out the remainder of the section and inserting in lieu thereof the following:

(1) The administration of the courtesy patrol program shall be transferred to the division of highways and expenditures made by the division to fund the courtesy patrol program providing assistance to motorists on the state’s highways shall be made pursuant to appropriation of the Legislature from the state road fund or as otherwise provided by law; and

(2) The administration of the special revenue account in the state treasury known as the courtesy patrol fund shall be transferred to the division of highways: Provided, That any balances remaining in the courtesy patrol fund at the end of fiscal year 2015 shall be transferred and deposited into the tourism promotion fund. After the June 30, 2015, expenditures from the courtesy patrol fund shall be used solely to fund the courtesy patrol program providing assistance to motorists on the state's highways. Amounts collected in the courtesy patrol fund which are found, from time to time, to exceed funds needed for the purposes set forth in this subdivision may be transferred to other accounts or funds and redesignated for other purposes by appropriation of the Legislature. Monies paid into the fund may be derived from the following sources:

(A) Any gifts, grants, bequests, transfers, appropriations or other donations which may be received from any governmental entity or unit or any person, firm, foundation, corporation or other private entity;

(B) Any appropriations by the Legislature which may be made for the purposes of this section; and,

Any monies remaining in the fund at the end of a fiscal year shall remain in the fund and be available for expenditure during the ensuring fiscal year.”

An amendment, offered by Delegate Moffatt, was reported by the Clerk on page six, section twelve, following line ten, by striking out the remainder of the bill.

On the adoption of the amendment, Delegate Marcum demanded the yeas and nays, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 432), and there were--yeas 12, nays 87, absent and not voting 1, with the yeas and absent and not voting being as follows:

Yeas: Azinger, Butler, Cadle, Espinosa, Fast, Folk, Frich, Gearheart, Ihle, Kurcaba, McGeehan and Moffatt.

So, a majority of the members present and voting not having voted in the affirmative, the amendment was rejected.

S. B. 583, Increasing tax rate on providers of certain nursing facility services; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page three, section eleven, line thirteen, following the words “nursing facility services”, by striking out “after June 30, 2015” and inserting in lieu thereof “on and after October 1, 2015”.

At 1:55 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 6:00 p.m.

Com. Sub. for H. B. 2016, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution; on second reading, coming up in regular order, was read a second time.

An amendment to the bill, offered by Delegates Reynolds and Hornbuckle, was reported by the Clerk.

Delegate Reynolds asked and obtained unanimous consent that the amendment be withdrawn.

Delegates Boggs, Williams, Perdue moved to amended the bill, on page eight, item one, line one, by striking out “1,010,000” and inserting in lieu thereof “510,000”.

On page eight, item one, line twelve, by striking out “5,952,206” and inserting in lieu thereof “5,452,206”.

On page ten, item two, line one, by striking out “3,000,000” and inserting in lieu thereof “2,500,000”.

On page ten, item two, line seven, by striking out “8,904,031” and inserting in lieu thereof the following: “8,404,031”.

On page sixty-one, item sixty-six, line fifteen, by striking out “13,593,620” and inserting in lieu thereof the following: “14,593,620”.

On page sixty-three, line forty, by striking out “920,079,832” and inserting in lieu thereof the following: “921,079,832”.

On the adoption of the amendment, Delegate Williams demanded the yeas and nays, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 433), and there were--yeas 36, nays 57, absent and not voting 7, with the yeas and absent and not voting being as follows:

Yeas: Bates, Boggs, Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hicks, Lane, Longstreth, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, R. Phillips, Pushkin, Reynolds, Rodighiero, Rohrbach, Rowe, Skinner, P. Smith, Sponaugle, Trecost, Upson, H. White and Williams.

Absent And Not Voting: Deem, Hill, Hornbuckle, Howell, Ireland, Lynch and L. Phillips.

So, a majority of the members present and voting not having voted in the affirmative, the amendment was rejected.

On motion of Delegates Sponaugle, Williams and Pushkin, moved to amend the bill on page ten, item two, line one, by striking out “3,000,000” and inserting in lieu thereof “2,700,000”.

On page ten, item two, line seven, by striking out “8,904,031” and inserting in lieu thereof the following: “8,604,031”.

On page eighteen, line twenty-two, by striking out “140,000” and inserting in lieu thereof the following: “440,000”.

On page eighteen, line twenty-four, by striking out “10,429,061” and inserting in lieu thereof the following: “10,729,061”.

On page nineteen, line forty-one, after the word “hope”, by inserting“$300,000 is for the

On the adoption of the amendment, Delegate Sponaugle demanded the yeas and nays, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 434), and there were--yeas 34, nays 58, absent and not voting 8, with the yeas and absent and not voting being as follows:

Yeas: Arvon, Bates, Boggs, Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hicks, Longstreth, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, R. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, Trecost, H. White and Williams.

Absent And Not Voting: Deem, Hill, Hornbuckle, Howell, Ireland, Lynch, L. Phillips and Walters.

So, a majority of the members present and voting not having voted in the affirmative, the amendment was rejected.

Delegates Miley, Sponaugle, Williams, Skinner and Perdue moved to amend the bill on page forty-four, line sixty-three, by inserting after the number “2” the following “and $100,000 is for entrepreneur education for grades k-12.”

On the adoption of the amendment, Delegate Miley demanded the yeas and nays, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 435), and there were--yeas 33, nays 59, absent and not voting 8, with the yeas and absent and not voting being as follows:

Yeas: Bates, Boggs, Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hicks, Longstreth, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, R. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, Trecost, H. White and Williams.

Absent And Not Voting: Deem, Hill, Hornbuckle, Howell, Ireland, Lynch, L. Phillips and Walters.

So, a majority of the members present and voting not having voted in the affirmative, the amendment was rejected.

Delegates Folk, McGeehan, J. Nelson and Ihle moved to amend the bill as follows:

Page forty-three, line forty-seven, by striking 94,263,946, and inserting 93,963,946.

Page fifty-seven, line thirty-three, by striking 71,719,527, and inserting 71,001,547.

Page one hundred seven, line two, unclassified, by striking out 382,354 and inserting 0.

Page one hundred seven, line seven, by striking out 38,235,442, and inserting 37,853,088.

Page one hundred sixty-three, line two, by striking out 147,643, and inserting 0, and on line 10, by striking 24,134,848 and inserting 23,987,205.

Page one hundred sixty-eight, line two, by striking out 430,000 and inserting 0, and on line 8, by striking 50,000,000 and inserting 49,570,000.

Page one hundred ninety-nine, line two unclassified, by striking 51,050, and inserting 0, and on line seven, by striking out 9,130,052, and inserting 9,079,002.

Page two hundred two, line two, unclassified, by striking out 106,795, and inserting 0, and on line six, by striking out 10,679,500 and inserting 10,572,705.

Page two hundred three, under 335 State Board of Education Fund 8712, line two, by striking out 2,000,000 and inserting 0, and on line eight, by striking out 220,026,675 and inserting 218,026,675.

Page two hundred four, under Fund 8713 line two, by striking out 1,150,500 and inserting 0, and on line seven, by striking out 116,389,413 and inserting 115,283,913, and under 8714 line two, by striking out 155,000 and inserting 0, and on line seven, by striking out 15,525,053, and inserting 15,370,053. Page two hundred eight, under Fund 8802 line two, by striking out 910,028 and inserting 0, and on page two hundred nine, by striking out line 8, 94,944,605, and inserting 94,034,577.

Page two hundred ten, under Fund 8722, line two, by striking out 22,855,833, and inserting 6,855,833, and on line nine, by striking out 3,190,872,651, and inserting 3,174,872,651.

Total of all funds reduced from unclassified accounts being $22,585,921, to be applied to preclude funds being drawn from the “Rainy Day Fund”.

On the adoption of the amendment, Delegate Folk demanded the yeas and nays, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 436), and there were--yeas 14, nays 77, absent and not voting 9, with the yeas and absent and not voting being as follows:

Yeas: Azinger, Faircloth, Folk, Hicks, Ihle, Kurcaba, Lane, Marcum, McGeehan, Moffatt, J. Nelson, Reynolds, Sponaugle and H. White.

Absent And Not Voting: Deem, Hill, Hornbuckle, Howell, Ireland, Longstreth, Lynch, L. Phillips and Walters.

So, a majority of the members present and voting not having voted in the affirmative, the amendment was rejected.

Delegate Fast moved to amend the bill on page eighty-eight, line one, by striking out “100,639,838” and inserting in lieu thereof the figure “99,639,838”.

On line three, by striking out “8,281,570” and inserting in lieu thereof the figure “9,281,570”.

The Speaker put the question on the adoption of the foregoing amendment, and the same did not prevail.

Delegates Sponaugle, Perdue, R. Phillips, Reynolds, Hicks, Marcum, Rodighiero, Caputo and Hornbuckle moves to amend the bill on page thirty-three, item thirty-five, line three, by striking out “128,379”and inserting in lieu thereof “3,128,379”.

On page thirty-five, line twenty-nine, by striking out “12,921,206” and inserting in lieu thereof “15,921,206”.

On page thirty-six, line forty-nine, after the period, by inserting the following:

“The above Unclassified appropriation includes $3,000,000 for the Emergency Response Entities Special Projects Grant.”

On page sixty-one, item 66, line 6, by striking out “469,219,741" and inserting in lieu thereof “466,219,741”.

On page sixty-three, line forty, by striking out “920,079,832” and inserting in lieu thereof the

On page one hundred forty-seven, line one, by striking out “21,859,518” and inserting in lieu thereof the “24,859,518”.

Delegate J. Nelson requested to be excused from voting on the adoption of amendments to Com. Sub. for H. B. 2016 under the provisions of House Rule 49.

The Speaker replied that any impact on Delegate J. Nelson would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Gentleman from voting.

On the adoption of the amendment, Delegate Sponaugle demanded the yeas and nays, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 437), and there were--yeas 40, nays 52, absent and not voting 8, with the yeas and absent and not voting being as follows:

Yeas: Arvon, Bates, Boggs, Byrd, Campbell, Caputo, Eldridge, Faircloth, Ferro, Fleischauer, Fluharty, Folk, Guthrie, Hartman, Hicks, Lane, Longstreth, Manchin, Marcum, McGeehan, Miley, Moore, Morgan, Moye, J. Nelson, Perdue, Perry, Pethtel, R. Phillips, Pushkin, Reynolds, Rodighiero, Rohrbach, Rowe, Skinner, P. Smith, Sponaugle, Trecost, H. White and Williams.

Absent And Not Voting: Deem, Hill, Hornbuckle, Howell, Ireland, Lynch, L. Phillips and Walters.

So, a majority of the members present and voting not having voted in the affirmative, the amendment was rejected.

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

On motion for leave, resolutions were introduced (Originating in the Committee on Education and reported with the recommendation that they be adopted), which were read by their titles, as follow:

H. C. R. 141 - “Requesting that the Joint Committee on Government and Finance study the appropriate process for removing county, school district and municipal officers with fixed terms of office by voter petition, the circumstances, if any, when county, school district and municipal officers with fixed terms of office should be removed for failure to attend meetings and whether counties, school districts and municipalities should be authorized to establish local standards for removing their officers for lack of attendance.”

Whereas, The Code of West Virginia, 1931, as amended, authorizes voters to file petitions to remove from office county, school district and municipal officers with fixed terms of office; and

Whereas, A bill was introduced during the Legislature’s regular session, 2015, to clarify the petition process and increase the number of signatures necessary to file such petitions; and

Whereas, The petition process is a vital means of holding county, school district and municipal officers accountable for their conduct in office; and

Whereas, The petition process may also be used to harass and intimidate county, school district and municipal officers who are faithfully discharging their offices; and

Whereas, The Legislature believes that the public is best served when these considerations are carefully weighed and balanced; and

Whereas, The Legislature believes that appropriate local attendance standards should be set for county, school district and municipal officers; and

Whereas, The Legislature recognizes that counties, school districts and municipalities schedule different numbers of meetings to conduct their business; and

Whereas, The Legislature recognizes that counties, school districts and municipalities may be best equipped to establish appropriate attendance standards for their officers; therefore, be it

That the Joint Committee on Government and Finance is hereby requested to study the appropriate process for removing county, school district and municipal officers with fixed terms of office by voter petition, the circumstances, if any, when county, school district and municipal officers with fixed terms of office should be removed for failure to attend meetings and whether counties, school districts and municipalities should be authorized to establish local standards for removing their officers for lack of attendance; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2016, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it

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

On motion for leave, resolutions were introduced (Originating in the Committee on Education and reported with the recommendation that they be adopted), which were read by their titles, as follow:

H. C. R. 139 - “Requesting the Joint Committee on Government and Finance study the policies regarding sexual violence, domestic violence, dating violence, and stalking at public colleges in the state.”

Whereas, It is important to the health and welfare of students to provide a safe environment on college campuses; and

Whereas, Public colleges in the state have a responsibility to provide a safe environment for their students; and

Whereas, When a violent act occurs on a college campus it is necessary to direct victims to necessary and appropriate resources and assistance; and

Whereas, Federal law requires institutions of higher education to have policies regarding sexual assault, domestic violence, and stalking in compliance with Title IX of the Education Amendments of 1972; and

Whereas, Title IX outlines expectations for education, reporting, response, investigation and remedies associated with such offenses; and

Whereas, It is vital that colleges comply with the requirements for protecting students from such offenses and providing safe campuses; and

Whereas, In the unfortunate event of an occurrence, colleges must provide victims with the necessary resources, aide and support to ensure that they aren’t further victimized by the system and the aftereffects; and

Whereas, It is necessary to evaluate the compliance of the public colleges in the state with the requirements for maintaining campuses that are free of sexual violence, domestic violence, dating violence and stalking, and for providing appropriate and necessary resources, aide and support to victims; and

Whereas, It is necessary to examine whether a need exists for additional campus policies regarding sexual violence, domestic violence, dating violence, and stalking; therefore, be it

That the Joint Committee on Government and Finance is hereby requested to study the policies regarding sexual violence, domestic violence, dating violence, and stalking at public colleges in the state; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2016, 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.

H. C. R. 140 - “Requesting the Joint Committee on Government and Finance to conduct a

Whereas, The Public School Support Plan as set forth in Article 9A, Chapter 18 of the Code of West Virginia is intended to provide a reasonable and reliable estimate of the funding necessary to provide the basic foundation for a thorough and efficient education using actual enrollment-based costs for personnel, benefits, transportation expenses, current expense and instructional programs; and

Whereas, The public School Support Plan has been amended from time to time with the addition of non-formula allowances to address particular needs for funding, to compensate for differences in economies of scale for staffing based on student population density, and to recognize the added financial stress from rapidly growing enrollment; and

Whereas, A review by the House Education Subcommittee on Public School Finance has identified areas of the overall system of public school finance that merit further consideration, including, but not limited to:

(A) Whether the differences in staffing ratios for school systems with different student population density, including the adjustment for school systems with less than 1,400 students, adequately compensate for differences in economies of scale;

(B) Whether the allowance for the replacement of school buses accurately reflects bus replacement needs based on the expected useful life of buses and bus safety;

(C) A statutorily fixed dollar amount for the allowance for professional student support personnel that does not provide for needed increases in nurses and counselors as enrollment increases and further reduces nurse and counselor employment when the dollars are required for state salary increases;

(D) The absence of state funded positions for technology system specialists to adequately service and maintain the growing number of instructional technology devices in use in the schools;

(E) The lack of a rational basis between salary costs that are currently used for determining the allowance for current expense and the actual costs of school systems for funding general operations and maintenance;

(F) The current non-formula allowances in areas including special education, high acuity/high cost special needs students, high cost nursing services, limited English proficient students, alternative education, tuition reimbursement, and beginning teacher induction and support programs that are fixed appropriations and do not reflect changing school system needs;

(G) The salary equity provisions limiting the allowable difference in salary potential for school employees in different counties and attributable to differences in local salary supplements, date back to the equal inputs model of educational equity in place in 1984 and may not reflect the current market conditions; and

Whereas, The appropriate consideration, analysis and development of alternatives if needed to address these issues requires study and fiscal analysis that can not reasonably be accomplished within the time frame of the regular legislative session; therefore, be it

That the Joint Committee on Government and Finance is hereby requested to conduct a study on public school finance; and be it

Further Resolved, That the said Joint Committee on Government and Finance is requested to report to the regular session of the Legislature, 2016, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and be it

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

Delegate Pasdon, Chair of the Committee on Education, submitted the following report, which was received:

H. C. R. 110, Requesting the Joint Committee on Government and Finance to study reducing the State Department of Education budget and redirecting those funds toward increasing teacher salaries,

And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Rules.

In accordance with the former direction of the Speaker, the resolution (H. C. R. 110) was referred to the Committee on Rules.

Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

S. B. 267, Repealing code relating to Governor's Office of Health Enhancement and Lifestyle Planning,

Com. Sub. for S. B. 373, Allowing wireless communication image serve as proof of motor vehicle insurance,

Com. Sub. for S. B. 242, Creating criminal penalties for certain automated telephone calls during state of emergency or preparedness,

Delegate Pasdon, Chair of the Committee on Education, submitted the following report, which was received:

Com. Sub. for S. B. 537, Changing mandatory school instructional time from days to minutes,

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

Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

And reports the same back, with amendment, with the recommendation that they each do pass, as amended.

Delegate E. Nelson, Chair of the Committee on Finance, submitted the following report, which was received:

Mr. Speaker, Mr. Armstead, Chair of the Committee on Rules, submitted the following report, which was received:

H. R. 16, Proclaiming the 2^nd Saturday of September as “Heroes Day” in West Virginia in tribute to Firefighters, Law-Enforcement Officers and Emergency Medical Services Workers,

Com. Sub. for H. C. R. 23, The U.S. Marine Corps PFC Clayton Andrew Craft Memorial Bridge,

Com. Sub. for H. C. R. 70, The U.S. Army SPC 4 Everette R. Johnson Memorial Bridge,

H. C. R. 77, Designating the second Friday in July as West Virginia Collector Car Appreciation Day,

Com. Sub. for H. C. R. 80, The U.S. Army SSG Landon Clair Ray and U.S. Army SPC4 Garry Dwight Haynes Memorial Bridge,

Com. Sub. for H. C. R. 90, The U.S. Army CPL Wilson B. Lambert, Jr. Memorial Road,

Com. Sub. for H. C. R. 93, The CSA LTG Thomas J. “Stonewall” Jackson Bridge,

Com. Sub. for H. C. R. 102, The U.S. Army Air Corps CPT Kenneth R. Winters, Sr. Memorial Bridge,

H. C. R. 105, Recognizing West Virginia University Institute of Technology as a vital part of higher education in West Virginia,

H. C. R. 114, Requesting the Joint Committee on Government and Finance study the circumstances where West Virginia home schooled students who have completed their course work should be authorized to take the GED test, the TASC test or other approved high school equivalency assessments and earn a West Virginia High School Equivalency Diploma,

H. C. R. 115, Requesting the Joint Committee on Government and Finance to conduct a study on state funding for school bus replacement,

H. C. R. 116, Requesting the Joint Committee on Government and Finance to conduct a study on appropriate limits on the number, time and uses of state summative assessments,

H. C. R. 118, Requesting the Joint Committee on Government and Finance conduct a study of agencies that are exempt from article three, chapter five-a and their policies and procedures for procurement,

H. C. R. 119, Requesting the Joint Committee on Government and Finance conduct a study of creating a Statewide Interoperable Radio Network by statute,

H. C. R. 120, Requesting the Joint Committee on Government and Finance authorize a study on the James “Tiger” Morton catastrophic illness fund,

H. C. R. 122, Requesting the Joint Committee on Government and Finance authorize a study on increasing state government budget and spending transparency,

H. C. R. 123, Requesting the Joint Committee on Government and Finance conduct a study of the impact of admitting all Class I, II, III, and IV municipalities to the Municipal Home Rule Pilot Program,

H. C. R. 124, Requesting that the Joint Committee on Government and Finance authorize a study on the regulation of public utilities,

H. C. R. 125, Requesting the Joint Committee on Government and Finance conduct a study of public access and availability in one location to all ordinances, rules and regulations adopted by a county commission,

Com. Sub. for S. C. R. 34, The U.S. Army Air Corps LT William H. Corkrean, Jr., Memorial Bridge,

Com. Sub. for S. C. R. 35, The U.S. Army CPL Zane Joseph Gero and U.S. Marine Corps CPL John Anthony “Tony” Gero Memorial Bridge,

Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

Com. Sub. for S. B. 88, Creating WV Clearance for Access: Registry and Employment Screening Act,

Com. Sub. for S. B. 453, Relating to motor vehicle dealers, distributors, wholesalers and manufacturers,

Com. Sub. for S. B. 548, Changing procedure for filling U. S. Senator vacancies,

And reports the same back, with amendment, with the recommendation that they each do pass, as amended.

Delegate E. Nelson, Chair of the Committee on Finance, submitted the following report, which was received:

Com. Sub. for S. B. 455, Relating to public higher education procurement and payment of expenses,

S. B. 577, Allowing higher education governing boards invest certain funds with nonprofit foundations,

S. B. 584, Transferring Cedar Lakes Camp and Conference Center to private, nonstock, not-for-profit corporation,

And reports the same back, with amendments, with the recommendation that they each do pass, as amended.

Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

S. B. 363, Establishing maximum rates and service limitations for reimbursement of health care services by Court of Claims,

Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

Com. Sub. for S. B. 234, Exempting certain water and sewer utilities owned by political subdivisions from PSC jurisdiction,

S. B. 295, Establishing appeal process for DHHR Board of Review and Bureau for Medical Services decisions,

Com Sub. for S.B. 248, Requiring certain insurance and owner information be provided following car accident,

Com Sub. for S. B. 523, Creating Alcohol and Drug Overdose Prevention and Clemency Act,

And reports the same back, with amendment, with the recommendation that they each do pass, as amended.

Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

Com. Sub. for S. B. 142, Authorizing Department of Administration promulgate legislative rules,

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

Com. Sub. for S. B. 347, Creating Firearms Act of 2015; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk on page two, immediately following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:

Except as authorized by the director, it is unlawful at any time for any person to:

(1) Shoot at or to shoot any wild bird or animal unless it is plainly visible to him or her;

(2) Dig out, cut out or smoke out, or in any manner take or attempt to take, any live wild animal or wild bird out of its den or place of refuge except as may be authorized by rules promulgated by the director or by law;

(3) Make use of, or take advantage of, any artificial light in hunting, locating, attracting, taking, trapping or killing any wild bird or wild animal, or to attempt to do so, while having in his or her possession or subject to his or her control, or for any person accompanying him or her to have in his or her possession or subject to his or her control, any firearm, whether cased or uncased, bow, arrow, or both, or other implement or device suitable for taking, killing or trapping a wild bird or animal: Provided, That it is lawful to hunt or take coyote, fox, raccoon, opossum or skunk by the use of artificial light subject to the restrictions set forth in this subdivision. No person is guilty of a violation of this subdivision merely because he or she looks for, looks at, attracts or makes motionless a wild bird or wild animal with or by the use of an artificial light, unless at the time he or she has in his or her possession a firearm, whether cased or uncased, bow, arrow, or both, or other implement or device suitable for taking, killing or trapping a wild bird or wild animal, or unless the artificial light (other than the head lamps of an automobile or other land conveyance) is attached to, a part of or used from within or upon an automobile or other land conveyance.

Any person violating the provisions of this subdivision is guilty of a misdemeanor and, upon conviction thereof, shall for each offense be fined not less than $100 nor more than $500 and shall be confined in jail for not less than ten days nor more than one hundred days;

(4) Hunt for, take, kill, wound or shoot at wild animals or wild birds from an airplane, or other airborne conveyance, an automobile, or other land conveyance, or from a motor-driven water conveyance, except as authorized by rules promulgated by the director;

(6) Catch, capture, take or kill by seine, net, bait, trap or snare or like device of any kind any wild turkey, ruffed grouse, pheasant or quail;

(7) Destroy or attempt to destroy needlessly or willfully the nest or eggs of any wild bird or have in his or her possession the nest or eggs unless authorized to do so under rules promulgated by or under a permit issued by the director;

(8) Except as provided in section six of this article, carry an uncased or loaded gun in any of the woods of this state except during the open firearms hunting season for wild animals and nonmigratory wild birds within any county of the state unless he or she has in his or her possession a permit in writing issued to him or her by the director: Provided, That this section does not prohibit hunting or taking of unprotected species of wild animals and wild birds and migratory wild birds, during the open season, in the open fields, open water and open marshes of the state nor does it prohibit a person who is not prohibited from possessing firearms by section four, article seven, chapter sixty-one of this code from carrying a deadly weapon for purposes of self-defense while in the woods of this state;

(9) Have in his or her possession a crossbow with a nocked bolt, a loaded firearm or a firearm rifle or shotgun from the magazine of which all shells and cartridges have not been removed, in or on any vehicle or conveyance, or its attachments, within the state, except as may otherwise be provided by law or regulation. For the purposes of this section, a rifle or shotgun whose magazine readily detaches is considered unloaded if the magazine is detached, and no cartridges remain in the rifle or shotgun itself. Except as hereinafter provided, between five o'clock postmeridian of one day and seven o'clock antemeridian, eastern standard time of the day following, any unloaded firearm or crossbow, being lawfully carried in accordance with the foregoing provisions, may be so carried only when in a case or taken apart and securely wrapped. During the period from July 1 to September 30, inclusive, of each year, the foregoing requirements relative to carrying certain unloaded firearms are permissible only from eight-thirty o'clock postmeridian to five o'clock antemeridian, eastern standard time: Provided, That the time periods for carrying unloaded and uncased firearms are extended for one hour after the postmeridian times and one hour before the antemeridian times established above if a hunter is preparing to or in the process of transporting or transferring the firearms to or from a hunting site, campsite, home or other place of abode;

(10) Hunt, catch, take, kill, trap, injure or pursue with firearms or other implement by which wildlife may be taken after the hour of five o'clock antemeridian on Sunday on private land without the written consent of the landowner any wild animals or wild birds except when a big game season opens on a Monday, the Sunday prior to that opening day will be closed for any taking of wild animals or birds after five o'clock antemeridian on that Sunday: Provided, That traps previously and legally set may be tended after the hour of five o'clock antemeridian on Sunday and the person so doing may carry only a twenty-two caliber firearm for the purpose of humanely dispatching trapped animals. Any person violating the provisions of this subdivision is guilty of a misdemeanor and, upon conviction thereof, in addition to any fines that may be imposed by this or other sections of this code, is subject to a $100 fine;

(11) Hunt, catch, take, kill, injure or pursue a wild animal or bird with the use of a ferret;

(12) Buy raw furs, pelts or skins of fur-bearing animals unless licensed to do so;

(13) Catch, take, kill or attempt to catch, take or kill any fish at any time by any means other than by rod, line and hooks with natural or artificial lures unless otherwise authorized by law or rules issued by the Director: Provided, That snaring of any species of suckers, carp, fallfish and creek chubs shall at all times be lawful;

(14) Employ or hire, or induce or persuade, by the use of money or other things of value, or by any means, any person to hunt, take, catch or kill any wild animal or wild bird except those species on which there is no closed season, or to fish for, catch, take or kill any fish, amphibian or aquatic life which is protected by the provisions of this chapter or rules of the director or the sale of which is prohibited;

(15) Hunt, catch, take, kill, capture, pursue, transport, possess or use any migratory game or nongame birds included in the terms of conventions between the United States and Great Britain and between the United States and United Mexican States for the protection of migratory birds and wild mammals concluded, respectively, August 16, 1916, and February 7, 1936, except during the time and in the manner and numbers prescribed by the federal Migratory Bird Treaty Act, 16 U.S.C. §U.S.C. §703, et seq., and regulations made thereunder;

(16) Kill, take, catch or have in his or her possession, living or dead, any wild bird other than a game bird; or expose for sale or transport within or without the state any bird except as aforesaid. No part of the plumage, skin or body of any protected bird may be sold or had in possession for sale except mounted or stuffed plumage, skin, bodies or heads of the birds legally taken and stuffed or mounted, irrespective of whether the bird was captured within or without this state, except the English or European sparrow (passer domesticus), starling (sturnus vulgaris) and cowbird (molothrus ater), which may not be protected and the killing thereof at any time is lawful;

(17) Use dynamite or any like explosive or poisonous mixture placed in any waters of the state for the purpose of killing or taking fish. Any person violating the provisions of this subdivision is guilty of a felony and, upon conviction thereof, shall be fined not more than $500 or imprisoned for not less than six months nor more than three years, or both fined and imprisoned;

(18) Have a bow and gun, or have a gun and any arrow or arrows, in the fields or woods at the same time;

(19) Have a crossbow in the woods or fields or use a crossbow to hunt for, take or attempt to take any wildlife except as otherwise provided in section 42w of this article;

(20) Take or attempt to take turkey, bear, elk or deer with any arrow unless the arrow is equipped with a point having at least two sharp cutting edges measuring in excess of three fourths of an inch wide;

(21) Take or attempt to take any wildlife with an arrow having an explosive head or shaft, a poisoned arrow or an arrow which would affect wildlife by any chemical action;

(22) Shoot an arrow across any public highway or from aircraft, motor-driven watercraft, motor vehicle or other land conveyance;

(23) Permit any dog owned by him or her or under his or her control to chase, pursue or follow upon the track of any wild animal or wild bird, either day or night, between May 1 and the August 15 next following: Provided, That dogs may be trained on wild animals and wild birds, except deer and wild turkeys, and field trials may be held or conducted on the grounds or lands of the owner or by his or her bona fide tenant or tenants or upon the grounds or lands of another person with his or her written permission or on public lands at any time: Provided, however, That nonresidents may not train dogs in this state at any time except during the legal small game hunting season: Provided further, That the person training said dogs does not have firearms or other implements in his or her possession during the closed season on wild animals and wild birds, whereby wild animals or wild birds could be taken or killed;

(24) Conduct or participate in a field trial, shoot-to-retrieve field trial, water race or wild hunt hereafter referred to as trial: Provided, That any person, group of persons, club or organization may hold the trial at any time of the year upon obtaining a permit as is provided in section fifty-six of this article. The person responsible for obtaining the permit shall prepare and keep an accurate record of the names and addresses of all persons participating in said trial and make same readily available for inspection by any natural resources police officer upon request;

(25) Except as provided in section four of this article, hunt, catch, take, kill or attempt to hunt, catch, take or kill any wild animal, wild bird or wild fowl except during the open season established by rule of the director as authorized by subdivision (6), section seven, article one of this chapter;

(26) Hunting on public lands on Sunday after five o'clock antemeridian is prohibited;

(27) Hunt, catch, take, kill, trap, injure or pursue with firearms or other implement which wildlife can be taken, on private lands on Sunday after the hour of five o'clock antemeridian: Provided, That the provisions of this subdivision do not apply in any county until the county commission of the county holds an election on the question of whether the provisions of this subdivision prohibiting hunting on Sunday shall apply within the county and the voters approve the allowance of hunting on Sunday in the county. The election is determined by a vote of the resident voters of the county in which the hunting on Sunday is proposed to be authorized. The county commission of the county in which Sunday hunting is proposed shall give notice to the public of the election by publication of the notice as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for the publication is the county in which the election is to be held. The date of the last publication of the notice shall fall on a date within the period of the fourteen consecutive days next preceding the election.

Any local option election to approve or disapprove of the proposed authorization of Sunday hunting within a county shall be in accordance with procedures adopted by the commission. The local option election may be held in conjunction with a primary or general election or at a special election. Approval shall be by a majority of the voters casting votes on the question of approval or disapproval of Sunday hunting at the election.

If a majority votes against allowing Sunday hunting, no election on the issue may be held for a period of one hundred four weeks. If a majority votes ‘yes’, no election reconsidering the action may be held for a period of five years. A local option election may thereafter be held if a written petition of qualified voters residing within the county equal to at least five percent of the number of persons who were registered to vote in the next preceding general election is received by the county commission of the county in which Sunday hunting is authorized. The petition may be in any number of counterparts. The election shall take place at the next primary or general election scheduled more than ninety days following receipt by the county commission of the petition required by this subsection: Provided, That the issue may not be placed on the ballot until all statutory notice requirements have been met. No local law or regulation providing any penalty, disability, restriction, regulation or prohibition of Sunday hunting may be enacted and the provisions of this article preempt all regulations, rules, ordinances and laws of any county or municipality in conflict with this subdivision; and

(28) Hunt or conduct hunts for a fee where the hunter is not physically present in the same location as the wildlife being hunted within West Virginia.

(a) Notwithstanding any provision of this code to the contrary, a person licensed to carry a concealed weapon pursuant to the provisions of section four, article seven, chapter sixty-one of this code who is not prohibited at the time from possessing a firearm pursuant to the provisions of section seven, article seven, chapter sixty-one of this code or by any applicable federal law may carry a handgun in a concealed manner for self defense purposes while afield hunting, hiking, camping or in or on a motor vehicle.

(b) The provisions of this section shall not exempt any person from obtaining any hunting or fishing license or stamp required by the Division of Natural Resources.

§61-7-3. Carrying deadly weapon without license or other authorization by persons under 21; penalties

(a) Any person under 21 years of age who carries a concealed deadly weapon, without a state license or other lawful authorization established under the provisions of this code, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than one thousand dollars and may be imprisoned in the county jail for not more than twelve months for the first offense; but upon conviction of a second or subsequent offense, he or she shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than one nor more than five years and fined not less than one thousand dollars nor more than five thousand dollars.

(b) It shall be the duty of the prosecuting attorney in all cases to ascertain whether or not the charge made by the grand jury is a first offense or is a second or subsequent offense and, if it shall be a second or subsequent offense, it shall be so stated in the indictment returned, and the prosecuting attorney shall introduce the record evidence before the trial court of such second or subsequent offense and shall not be permitted to use discretion in introducing evidence to prove the same on the trial.

(a) Except as provided in subsection (h) of this section, any person desiring to obtain a state license to carry a concealed deadly weapon shall apply to the sheriff of his or her county for the license, and pay to the sheriff, at the time of application, a fee of $75, of which $15 of that amount shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code. Concealed weapons permits may only be issued for pistols or revolvers. Each applicant shall file with the sheriff a complete application, as prepared by the Superintendent of the West Virginia State Police, in writing, duly verified, which sets forth only the following licensing requirements:

(1) The applicant's full name, date of birth, Social Security number, a description of the applicant's physical features, the applicant’s place of birth, the applicant’s country of citizenship and, if the applicant is not a United States citizen, any alien or admission number issued by the United States Bureau of Immigration and Customs Enforcement, and any basis, if applicable, for an exception to the prohibitions of 18 U. S. C. § 922(g)(5)(B);

(2) That, on the date the application is made, the applicant is a bona fide resident of this state and of the county in which the application is made and has a valid driver's license or other state-issued photo identification showing the residence;

(3) That the applicant is twenty-one years of age or older: Provided, That any individual who is less than twenty-one years of age and possesses a properly issued concealed weapons license as of the effective date of this article shall be licensed to maintain his or her concealed weapons license notwithstanding the provisions of this section requiring new applicants to be at least twenty-one years of age: Provided, however, That upon a showing of any applicant who is eighteen years of age or older that he or she is required to carry a concealed weapon as a condition for employment, and presents satisfactory proof to the sheriff thereof, then he or she shall be issued a license upon meeting all other conditions of this section. Upon discontinuance of employment that requires the concealed weapons license, if the individual issued the license is not yet twenty-one years of age, then the individual issued the license is no longer eligible and must return his or her license to the issuing sheriff;

(4) That the applicant is not addicted to alcohol, a controlled substance or a drug and is not an unlawful user thereof as evidenced by either of the following within the three years immediately prior to the application:

(A) Residential or court-ordered treatment for alcoholism or alcohol detoxification or drug treatment; or

(B) Two or more convictions for driving while under the influence or driving while impaired;

(5) That the applicant has not been convicted of a felony unless the conviction has been expunged or set aside or the applicant’s civil rights have been restored or the applicant has been unconditionally pardoned for the offense;

(6) That the applicant has not been convicted of a misdemeanor crime of violence other than an offense set forth in subsection (7) of this section in the five years immediately preceding the application;

(7) That the applicant has not been convicted of a misdemeanor crime of domestic violence as defined in 18 U. S. C. § 921(a)(33), or a misdemeanor offense of assault or battery either under the provisions of section twenty-eight, article two of this chapter or the provisions of subsection (b) or (c), section nine, article two of this chapter in which the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant cohabits or has cohabited, a parent or guardian, the defendant’s child or ward or a member of the defendant’s household at the time of the offense, or a misdemeanor offense with similar essential elements in a jurisdiction other than this state;

(8) That the applicant is not under indictment for a felony offense or is not currently serving a sentence of confinement, parole, probation or other court-ordered supervision imposed by a court of any jurisdiction or is the subject of an emergency or temporary domestic violence protective order or is the subject of a final domestic violence protective order entered by a court of any jurisdiction;

(9) That the applicant has not been adjudicated to be mentally incompetent or involuntarily committed to a mental institution. If the applicant has been adjudicated mentally incompetent or involuntarily committed the applicant must provide a court order reflecting that the applicant is no longer under such disability and the applicant’s right to possess or receive a firearm has been restored;

(10) That the applicant is not prohibited under the provisions of section seven of this article or federal law, including 18 U.S.C. § 922(q) or (n), from receiving, possessing or transporting a firearm;

(11) That the applicant has qualified under the minimum requirements set forth in subsection (d) of this section for handling and firing the weapon: Provided, That this requirement shall be waived in the case of a renewal applicant who has previously qualified; and

(12) That the applicant authorizes the sheriff of the county, or his or her designee, to conduct an investigation relative to the information contained in the application.

(b) For both initial and renewal applications, the sheriff shall conduct an investigation including a nationwide criminal background check consisting of inquiries of the National Instant Criminal Background Check System, the West Virginia criminal history record responses and the National Interstate Identification Index and shall review the information received in order to verify that the information required in subsection (a) of this section is true and correct. A license may not be issued unless the issuing sheriff has verified through the National Instant Criminal Background Check System that the information available to him or her does not indicate that receipt or possession of a firearm by the applicant would be in violation of the provisions of section seven of this article or federal law, including 18 U.S.C. § 922(g) or (n).

(c) Sixty dollars of the application fee and any fees for replacement of lost or stolen licenses received by the sheriff shall be deposited by the sheriff into a concealed weapons license administration fund. The fund shall be administered by the sheriff and shall take the form of an interest-bearing account with any interest earned to be compounded to the fund. Any funds deposited in this concealed weapon license administration fund are to be expended by the sheriff to pay the costs associated with issuing concealed weapons licenses. Any surplus in the fund on hand at the end of each fiscal year may be expended for other law-enforcement purposes or operating needs of the sheriff’s office, as the sheriff considers appropriate.

(d) All persons applying for a license must complete a training course in handling and firing a handgun. The successful completion of any of the following courses fulfills this training requirement:

(2) Any handgun safety or training course or class available to the general public offered by an official law-enforcement organization, community college, junior college, college or private or public institution or organization or handgun training school utilizing instructors certified by the institution;

(3) Any handgun training or safety course or class conducted by a handgun instructor certified as such by the state or by the National Rifle Association;

(4) Any handgun training or safety course or class conducted by any branch of the United States Military, Reserve or National Guard or proof of other handgun qualification received while serving in any branch of the United States Military, Reserve or National Guard.

A photocopy of a certificate of completion of any of the courses or classes or an affidavit from the instructor, school, club, organization or group that conducted or taught the course or class attesting to the successful completion of the course or class by the applicant or a copy of any document which shows successful completion of the course or class is evidence of qualification under this section.

(e) All concealed weapons license applications must be notarized by a notary public duly licensed under article four, chapter twenty-nine of this code. Falsification of any portion of the application constitutes false swearing and is punishable under the provisions of section two, article five, chapter sixty-one of this code.

(f) The sheriff shall issue a license unless he or she determines that the application is incomplete, that it contains statements that are materially false or incorrect or that applicant otherwise does not meet the requirements set forth in this section. The sheriff shall issue, reissue or deny the license within forty-five days after the application is filed if all required background checks authorized by this section are completed.

(g) Before any approved license is issued or is effective, the applicant shall pay to the sheriff a fee in the amount of $25 which the sheriff shall forward to the Superintendent of the West Virginia State Police within thirty days of receipt. The license is valid for five years throughout the state, unless sooner revoked.

(h) Each license shall contain the full name and address of the licensee and a space upon which the signature of the licensee shall be signed with pen and ink. The issuing sheriff shall sign and attach his or her seal to all license cards. The sheriff shall provide to each new licensee a duplicate license card, in size similar to other state identification cards and licenses, suitable for carrying in a wallet, and the license card is considered a license for the purposes of this section.

(i) The Superintendent of the West Virginia State Police shall prepare uniform applications for licenses and license cards showing that the license has been granted and shall do any other act required to be done to protect the state and see to the enforcement of this section.

(j) If an application is denied, the specific reasons for the denial shall be stated by the sheriff denying the application. Any person denied a license may file, in the circuit court of the county in which the application was made, a petition seeking review of the denial. The petition shall be filed within thirty days of the denial. The court shall then determine whether the applicant is entitled to the issuance of a license under the criteria set forth in this section. The applicant may be represented by counsel, but in no case is the court required to appoint counsel for an applicant. The final order of the court shall include the court's findings of fact and conclusions of law. If the final order upholds the denial, the applicant may file an appeal in accordance with the Rules of Appellate Procedure of the Supreme Court of Appeals. If the findings of fact and conclusions of law of the court fail to uphold the denial, the applicant is may be entitled to reasonable costs and attorney's fees, payable by the sheriff's office which issued the denial.

(k) If a license is lost or destroyed, the person to whom the license was issued may obtain a duplicate or substitute license for a fee of $5 by filing a notarized statement with the sheriff indicating that the license has been lost or destroyed.

(l) Whenever any person after applying for and receiving a concealed handgun license moves from the address named in the application to another county within the state, the license remains valid for the remainder of the five years unless the sheriff of the new county has determined that the person is no longer eligible for a concealed deadly weapon license under this article, and the sheriff shall issue a new license bearing the person's new address and the original expiration date for a fee not to exceed $5: Provided, That the licensee within twenty days thereafter notifies the sheriff in the new county of residence in writing of the old and new addresses.

(m) The sheriff shall, immediately after the license is granted as aforesaid, furnish the Superintendent of the West Virginia State Police a certified copy of the approved application. The sheriff shall furnish to the Superintendent of the West Virginia State Police at any time so requested a certified list of all licenses issued in the county. The Superintendent of the West Virginia State Police shall maintain a registry of all persons who have been issued concealed weapons licenses.

(n) Except when subject to an exception under section six, article seven of this chapter, all licensees shall carry with them a state-issued photo identification card with the concealed weapons license whenever the licensee is carrying a concealed weapon. Any licensee who, in violation of this subsection, fails to have in his or her possession a state-issued photo identification card and a current concealed weapons license while carrying a concealed weapon is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 or more than $200 for each offense.

(o) (n) The sheriff shall deny any application or revoke any existing license upon determination that any of the licensing application requirements established in this section have been violated by the licensee.

(p) (o) A person who is engaged in the receipt, review or in the issuance or revocation of a concealed weapon license does not incur any civil liability as the result of the lawful performance of his or her duties under this article.

(q) (p) Notwithstanding the provisions of subsection (a) of this section, with respect to application by a former law-enforcement officer honorably retired from agencies governed by article fourteen, chapter seven of this code; article fourteen, chapter eight of this code; article two, chapter fifteen of this code; and article seven, chapter twenty of this code, an honorably retired officer is exempt from payment of fees and costs as otherwise required by this section. All other application and background check requirements set forth in this shall be applicable to these applicants.

(r) (q) Except as restricted or prohibited by the provisions of this article or as otherwise prohibited by law, the issuance of a concealed weapon permit issued in accordance with the provisions of this section authorizes the holder of the permit to carry a concealed pistol or revolver on the lands or waters of this state.

§61-7-6. Exceptions as to prohibitions against carrying concealed handguns; exemptions from licensing fees.

(a) The licensure provisions set forth in section three of this article do not apply to:

(B) Carrying a firearm, unloaded, from the place of purchase to his or her home, residence or place of business or to a place of repair and back to his or her home, residence or place of business; or

(C) Possessing a firearm while hunting in a lawful manner or while traveling from his or her home, residence or place of business to a hunting site and returning to his or her home, residence or place of business;

(2) Any person who is a member of a properly organized target-shooting club authorized by law to obtain firearms by purchase or requisition from this state or from the United States for the purpose of target practice from carrying any pistol, as defined in this article, unloaded, from his or her home, residence or place of business to a place of target practice and from any place of target practice back to his or her home, residence or place of business, for using any such weapon at a place of target practice in training and improving his or her skill in the use of the weapons;

(3) Any law-enforcement officer or law-enforcement official as defined in section one, article twenty-nine, chapter thirty of this code;

(4) Any employee of the West Virginia Division of Corrections duly appointed pursuant to the provisions of section eleven-c, article one, chapter twenty-five of this code while the employee is on duty;

(5) Any member of the armed forces of the United States or the militia of this state while the member is on duty;

(6)(5) Any resident of another state who holds a valid permit or license to possess or carry a handgun issued by a state or a political subdivision subject to the provisions and limitations set forth in section six-a of this article;

(7)(6) Any federal law-enforcement officer or federal police officer authorized to carry a weapon in the performance of the officer’s duty;

(8)(7) Any Hatfield-McCoy Regional Recreation Authority Ranger while the ranger is on duty; and

(9)(8) Any parole officer appointed pursuant to section fourteen, article twelve, chapter sixty-two of this code in the performance of their duties; and

(9) Any active duty member of the United States Armed Forces, or any active duty member of the National Guard or United States Armed Forces reserves.

(b) On and after July 1, 2013, the following judicial officers and prosecutors and staff shall be exempted from paying any application fees or licensure fees required under this article. However, on and after that same date, they shall be required to make application and satisfy all licensure and handgun safety and training requirements set forth in section four of this article before carrying a concealed handgun in this state:

(3) Any retired justice or retired circuit judge designated senior status by the Supreme Court of Appeals of West Virginia;

(a) Except to the extent that a greater minimum sentence is otherwise provided by any other provision of law, any person who uses or displays a firearm during the planning or commission of any felony shall, in addition to the punishment provided for such felony, be sentenced to an additional term of imprisonment in the custody of the Department of Corrections of five (5) years, which sentence shall not be reduced or suspended.

(b) Except to the extent that a greater minimum sentence is otherwise provided by any other provision of law, any convicted felon who uses or displays a firearm during the planning or commission of any felony shall, in addition to the punishment provided for such felony, be sentenced to an additional term of imprisonment in the custody of the Department of Corrections of ten (10) years, to run consecutively, not concurrently, which sentence shall not be reduced or suspended.

(c) Unless otherwise provided in Code, provisions of this article does not apply to a person who in good faith employs the use of a firearm, in self-defense or the defense of others, against another person who is perpetuating violence or the threat of violence.”

Delegates Skinner and Longstreth moved to amend the amendment on page nine, section three, line ten, by inserting a new subsection (a), to read as follows:

“(a) No person may carry a concealed weapon in this state without receiving training as required for a concealed carry handgun permit as authorized pursuant to section four of this article.”

On the adoption of the amendment, Delegate J. Nelson demanded the yeas and nays, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 438), and there were--yeas 17, nays 74, absent and not voting 9, with the yeas and absent and not voting being as follows:

Yeas: Caputo, Duke, Ellington, A. Evans, Fleischauer, Guthrie, Hamilton, Longstreth, Manchin, Miley, Moore, Morgan, Perdue, Pushkin, Rowe, Shott and Skinner.

Absent And Not Voting: Deem, Hicks, Hill, Hornbuckle, Howell, Ireland, Lynch, L. Phillips and Walters.

So, a majority of the members present and voting not having voted in the affirmative, the amendment to the amendment was rejected.

Delegate Cowles moved to amend the amendment on page nine, section three, line, eight, after the word “person”, by striking out the words “under twenty-one years of age”.

On page ten, line three, after the word “application”, by striking out the words “a fee of $75, of which $15”, and inserting in lieu thereof the following: “a fee of $50, of which $10”.

On page thirteen, line ten, after “(c)”, by striking out the word “Sixty”, and inserting in lieu thereof the following: “Thirty”.

On page fifteen, line two, after the words “amount of”, by striking out the word “$25”, and inserting in lieu thereof the following: “$20”.

On page sixteen, line three, after the words “license”, by striking out the words “for a fee of $5”.

On page sixteen, line ten, after the words “date”, by striking out the words “for a fee not to exceed $5”.

Delegate Cowles asked and obtained unanimous consent that the amendment be withdrawn.

Delegate Cowles then moved to amend the bill on page twenty, after line eighteen by inserting a new section to read as follows:

(a) The provisions of SB 347, shall not take effect until a general statewide election is held on the question of whether the carrying of a concealed deadly weapon is authorized without a criminal background check, and without safety training as required by the current permit process that existed on March 1, 2015.

(b) The Secretary of State shall place the question on the ballot upon the next general election.

‘Shall the carry of a concealed deadly weapon be authorized without a criminal background check, and without safety training as required by the current permit process that existed on March 1, 2015?

(d) If a majority of voters vote no on the foregoing question, the provisions of SB 347 no longer continue in effect.”

On the adoption of the amendment to the amendment, Delegate J. Nelson demanded the yeas and nays, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 439), and there were--yeas 23, nays 70, absent and not voting 7, with the yeas and absent and not voting being as follows:

Yeas: Ambler, Anderson, Bates, Caputo, Cooper, Cowles, A. Evans, D. Evans, Fleischauer, Guthrie, Hamilton, Longstreth, Manchin, Miley, Moore, Morgan, Pasdon, Perdue, Reynolds, Rowe, Shott, Skinner and Weld.

Absent And Not Voting: Deem, Hill, Hornbuckle, Howell, Lynch, L. Phillips and Walters.

So, a majority of the members present and voting not having voted in the affirmative, the amendment to the amendment was rejected.

Delegate Guthrie moved to amend the bill on page nineteen, line seven, following the chapter heading, by inserting a new section to read as follows:

§61-4-19. Willful disruption of governmental processes; offenses occurring at state capitol complex; penalties.

(a) If any person willfully interrupts or molests the orderly and peaceful process of any department, division, agency or branch of state government or of its political subdivisions, he or she is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars, or imprisoned in the county or regional jail not more than six months, or both fined and imprisoned: Provided, That any assembly in a peaceable, lawful and orderly manner for a redress of grievances shall not be a violation of this section.

(b) Except as permitted herein, it is unlawful for any person to bring upon the state capitol complex any weapon as defined by the provisions of section two, article seven of this chapter: Provided, however, That this prohibition shall not apply to: (i) any law-enforcement officer acting in his or her official capacity; or (ii) any person who is not prohibited from possessing a firearm pursuant to the provisions of section seven, article seven, chapter sixty-one of this code or by any applicable federal law. Pursuant to this subsection (b)(i), officers may possess and bring firearms upon the state capitol complex and within the buildings and parking facilities located thereon, excepting the Governor’s Residence and the offices and facilities occupied by the West Virginia Supreme Court of Appeals. Pursuant to this subsection (b)(ii), any person lawfully possessing a firearm, including a pistol or revolver, for purposes of self-defense, may possess and bring a pistol or revolver upon the state capitol complex and within the buildings and parking facilities located thereon, excepting the Governor’s Residence, the offices and other facilities occupied by the West Virginia Supreme Court of Appeals, and any office or facility within a building during times and to the extent an office or facility is closed to the public. It is unlawful for any person to willfully deface any trees, wall, floor, stairs, ceiling, column, statue, monument, structure, surface, artwork or adornment in the state capitol complex. It is unlawful for any person or persons to willfully block or otherwise willfully obstruct any public access, stair or elevator in the state capitol complex after being asked by a law-enforcement officer acting in his or her official capacity to desist: Provided, That in order to preserve the constitutional right of the people to assemble, it is not willful blocking or willful obstruction for persons gathered in a group or crowd, if the persons move to the side or part to allow other persons to pass by the group or crowd to gain ingress or egress: Provided, however, That this subsection shall not apply to a law enforcement officer acting in his or her official capacity.

Any person who violates any provision of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars or confined in the county or regional jail not more than six months, or both.”

On the adoption of the amendment to the amendment, Delegate Guthrie demanded the yeas and nays, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 440), and there were--yeas 7, nays 86, absent and not voting 7, with the yeas and absent and not voting being as follows:

Absent And Not Voting: Deem, Hill, Hornbuckle, Howell, Lynch, L. Phillips and Walters.

So, a majority of the members present and voting not having voted in the affirmative, the amendment to the amendment was rejected.

Delegate Canterbury moved to amend the bill, on page nine, section three, line fifteen, after the word “dollars” and the period, by inserting the following:

“Provided, That in addition to any penalty hereunder, any person prohibited from carrying a firearm pursuant to section seven, article seven, chapter sixty-one, who carries a firearm in a concealed manner, shall be guilty of a separate and distinct felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than one year nor more than five years and fined not less than one thousand dollars nor more than five thousand dollars, which sentence shall run consecutively, not concurrently.”

On the adoption of the amendment to the amendment, Delegate J. Nelson demanded the yeas and nays, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 441), and there were--yeas 23, nays 70, absent and not voting 7, with the yeas and absent and not voting being as follows:

Yeas: Ambler, Bates, Canterbury, Caputo, Cooper, Cowles, Duke, A. Evans, D. Evans, Fleischauer, Guthrie, Hamilton, Hanshaw, Ireland, Moore, Perdue, Pushkin, Reynolds, Rodighiero, Romine, Rowe, Shott and Skinner.

Absent And Not Voting: Deem, Hill, Hornbuckle, Howell, Lynch, L. Phillips and Walters.

So, a majority of the members present and voting not having voted in the affirmative, the amendment to the amendment was rejected.

On the adoption of the amendment recommended by the Committee on the Judiciary, J. Nelson demanded the yeas and nays, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 442), and there were--yeas 77, nays 17, absent and not voting 6, with the nays and absent and not voting being as follows:

Nays: Azinger, Blair, Butler, Faircloth, Folk, Foster, Gearheart, Guthrie, Ihle, McCuskey, McGeehan, Moffatt, Morgan, J. Nelson, Pushkin, Rowe and Upson.

So, a majority of the members present and voting having voted in the affirmative, the amendment was adopted.

On motion of Delegate Shott the bill was amended on page one, by amending the enacting section to read as follows:

“That sections §20-2-5 and §20-2-6a of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §61-7-3, §61-7-4, and §61-7-6 of said code be amended and reenacted; and that said code be amended by adding thereto a new section, designated §61-7-7(e), all to read as follows” followed by a colon.

First ReadingThe following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:

Com. Sub. for S. B. 12, Relating to payment of separated employee's outstanding wages,

S. B. 370, Reorganizing Governor’s Committee on Crime, Delinquency and Correction and its subcommittees,

Com. Sub. for S. B. 486, Authorizing special license plates for Civil Air Patrol vehicles.

The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

Com. Sub. for H. B. 2550, Increasing the number of unexcused absences of a student before action may be taken against the parent.

On motion of Delegate Cowles, the bill was taken up for immediate consideration.

On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:

§18-8-4. Duties of attendance director and assistant directors; complaints, warrants and hearings.

(a) The county attendance director and the assistants shall diligently promote regular school attendance. The director and assistants shall:

(1) Ascertain reasons for inexcusable unexcused absences from school of students of compulsory school age and students who remain enrolled beyond the compulsory school age as defined under section one-a of this article; and

(2) Take such steps as are, in their discretion, best calculated to encourage the attendance of students and to impart upon the parents and guardians the importance of attendance and the seriousness of failing to do so; and

(A) ‘Excused absence’ shall be defined to include:(i) Personal illness or injury of the student or in the family;

(ii) Medical or dental appointment with written excuse from physician or dentist;

(iv) Participation in home or hospital instruction due to an illness or injury or other extraordinary circumstance that warrants home or hospital confinement;

(vii) School-approved or county-approved curricular or extra-curricular activities;

(ix) Military requirement for students enlisted or enlisting in the military; and

Provided, That absences of students with disabilities shall be in accordance with the Individuals with Disabilities Education Improvement Act of 2004 and the federal and state regulations adopted in compliance therewith.

(B) ‘Unexcused absence’ shall be any absence not specifically included in the definition of ‘excused absence’.

(b) In the case of five three total unexcused absences of a student during a school year, the attendance director or assistant shall serve written notice to the parent, guardian or custodian of the student that the attendance of the student at school is required and that if the student has five unexcused absences, a conference with the principal or other designated representative will be required.

(c) In the case of five total unexcused absences, the attendance director or assistant shall serve written notice to the parent, guardian or custodian of the student that within ten five days of receipt of the notice the parent, guardian or custodian, accompanied by the student, shall report in person to the school the student attends for a conference with the principal or other designated representative of the school in order to discuss and correct the circumstances causing the inexcusable unexcused absences of the student, including the adjustment of unexcused absences based upon such meeting.

(d) In the case of ten total unexcused absences of a student during a school year, if the parent, guardian or custodian does not comply with the provisions of this article, then the attendance director or assistant shall make complaint against the parent, guardian or custodian before a magistrate of the county. If it appears from the complaint that there is probable cause to believe that an offense has been committed and that the accused has committed it, a summons or a warrant for the arrest of the accused shall issue to any officer authorized by law to serve the summons or to arrest persons charged with offenses against the state. More than one parent, guardian or custodian may be charged in a complaint. Initial service of a summons or warrant issued pursuant to the provisions of this section shall be attempted within ten calendar days of receipt of the summons or warrant and subsequent attempts at service shall continue until the summons or warrant is executed or until the end of the school term during which the complaint is made, whichever is later.

(c) (e) The magistrate court clerk, or the clerk of the circuit court performing the duties of the magistrate court as authorized in section eight, article one, chapter fifty of this code, shall assign the case to a magistrate within ten days of execution of the summons or warrant. The hearing shall be held within twenty days of the assignment to the magistrate, subject to lawful continuance. The magistrate shall provide to the accused at least ten days’ advance notice of the date, time and place of the hearing.

(d) (f) When any doubt exists as to the age of a student absent from school, the attendance director and assistants have authority to require a properly attested birth certificate or an affidavit from the parent, guardian or custodian of the student, stating age of the student. In the performance of his or her duties, the county attendance director and assistants have authority to take without warrant any student absent from school in violation of the provisions of this article and to place the student in the school in which he or she is or should be enrolled.

(e) (g) The county attendance director and assistants shall devote such time as is required by section three of this article to the duties of attendance director in accordance with this section during the instructional term and at such other times as the duties of an attendance director are required. All attendance directors and assistants hired for more than two hundred days may be assigned other duties determined by the superintendent during the period in excess of two hundred days. The county attendance director is responsible under direction of the county superintendent for efficiently administering school attendance in the county.

(f) (h) In addition to those duties directly relating to the administration of attendance, the county attendance director and assistant directors also shall perform the following duties:

(1) Assist in directing the taking of the school census to see that it is taken at the time and in the manner provided by law;

(2) Confer with principals and teachers on the comparison of school census and enrollment for the detection of possible nonenrollees;

(3) Cooperate with existing state and federal agencies charged with enforcing child labor laws;

(4) Prepare a report for submission by the county superintendent to the State Superintendent of Schools on school attendance, at such times and in such detail as may be required. The state board shall promulgate a legislative rule pursuant to article three-b, chapter twenty-nine-a of this code that sets forth student absences that are excluded for accountability purposes. The absences that are excluded by the rule include, but are not be limited to, excused student absences, students not in attendance due to disciplinary measures and absent students for whom the attendance director has pursued judicial remedies to compel attendance to the extent of his or her authority. The attendance director shall file with the county superintendent and county board at the close of each month a report showing activities of the school attendance office and the status of attendance in the county at the time;

(5) Promote attendance in the county by compiling data for schools and by furnishing suggestions and recommendations for publication through school bulletins and the press, or in such manner as the county superintendent may direct;

(7) Assist in such other ways as the county superintendent may direct for improving school attendance;

(8) Make home visits of students who have excessive unexcused absences, as provided above, or if requested by the chief administrator, principal or assistant principal; and

On motion of Delegate Cowles, the House of Delegates concurred in the Senate amendment with further amendment, on page two, line six, before the word “and”, by inserting“(x) Personal or academic circumstances approved by the principal” followed by a semicolon and renumbering the remaining subparagraph accordingly.

Com. Sub. for H. B. 2550 - “A Bill to amend and reenact §18-8-4 of the Code of West Virginia, 1931, as amended, relating to truancy intervention; defining excused and unexcused absences; providing that notice of a student’s three unexcused absences be given to parent, guardian or custodian; providing that a parent, guardian or custodian have a mandatory conference with the principal or other designated representative of the school when the student has five unexcused absences; and increasing number of unexcused absences by a student before a complaint must be made against the parent, guardian or custodian of the student.”

The bill, as amended by the Senate and further amended by the House, was then put upon its passage.

On the passage of the bill, the yeas and nays were taken (Roll No. 443), and there were--yeas 91, nays 1, absent and not voting 8, with the nays and absent and not voting being as follows:

Absent And Not Voting: Deem, Folk, Hill, Hornbuckle, Howell, Lynch, L. Phillips and Shott.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2550) passed.

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

The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of

Com. Sub. for H. B. 2586, Allowing for an alternative form of service of process in actions against nonresident persons by petitioners seeking domestic violence or personal safety relief.

On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendment:

On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:

(1) On the respondent by means of a Class I legal advertisement published notice, with the publication area being the most current known county in which the respondent resides, published in accordance with the provisions of section two, article three, chapter fifty-nine of this code if personal service by law enforcement has been unsuccessful. Simultaneously with the publication, the respondent shall be served with the protective order and the order of publication by first class mail to the respondent’s most current known residential address.

(2) Against nonresident persons by the manner prescribed in section thirty-three-a, article three, chapter fifty-six of this code.

Any protective order issued by the court of this state which is served in compliance with the provisions of Rule 4(f) of the West Virginia Rules of Civil Procedure served outside the boundaries of this state shall carry the same force and effect as if it had been personally served within this state’s boundaries.

§56-3-33a. Actions against nonresident persons by petitioners seeking domestic violence or personal safety relief; service of process; authorizing Secretary of State to receive process against nonresidents.

(3) A person whose residence is unknown shall be considered to have submitted to the jurisdiction of the courts of this state as to any action arising from the conduct specified in subsection (b) of this section, if such conduct was:

(B) If such conduct was not committed in this state if the conduct was purposely directed at a resident and has an effect within this state.

(1) Any act constituting domestic violence or abuse as defined in section two hundred two, article twenty-seven, chapter forty-eight of this code; or

(2) Any act constituting a basis for seeking personal safety relief as defined in section four, article eight, chapter fifty-three of this code; or

(3) Any act or omission violating the provisions of a duly authorized protective or restraining order, whether issued by this state or another jurisdiction, for the protection of any person within this state.

(c) Any person subject to or considered to have submitted to the jurisdiction of the courts of this state who is made a respondent in an action may be served with the petition and order initiating such action either:

(1) By law-enforcement officers, wherever the respondent may be found, whether inside or outside the boundaries of this state; or

(2) If the respondent is alleged to have committed conduct specified in subsection (b) of this section, this shall be considered equivalent to an appointment by such nonresident of the Secretary of State, or his or her successor in office, to be his or her true and lawful attorney upon whom may be served all lawful process in any action or proceeding against him or her, in any court in this state, for a cause of action arising from or growing out of such conduct, and the engaging in such conduct is a signification of such nonresident's agreement that any such process against him or her, which is served in the manner hereinafter provided, is of the same legal force and validity as though such nonresident were personally served within this state.

(A) Such service shall be made by leaving two copies of both the petition and order, with the Secretary of State, or in his or her office, and such service shall be sufficient upon such nonresident: Provided, That notice of such service and a copy of the petition and order shall forthwith be sent by registered or certified mail, return receipt requested, by a means which may include electronic issuance and acceptance of electronic return receipts, by the Secretary of State to the respondent at his or her nonresident address and the respondent’s return receipt signed by himself or herself or his or her duly authorized agent or the registered or certified mail so sent by the Secretary of State which is refused by the addressee and which registered or certified mail is returned to the Secretary of State, or to his or her office, showing thereon the stamp of the post-office department that delivery has been refused. After receiving verification from the United States Postal Service that acceptance of the notice, petition and order has been signed, the Secretary of State shall notify the clerk’s office of the court from which the petition and order were issued by a means which may include electronic notification. If the notice, petition and order were refused or undeliverable by the United States Postal Service, the Secretary of State shall return refused or undeliverable mail to the clerk’s office of the court from which the petition and order were issued. \If any respondent served with a petition and order fails to appear and defend at the time and place set forth in the order, judgment may be rendered against him or her at any time thereafter. The court may order such continuances as may be reasonable to afford the respondent an opportunity to defend the action or proceeding.

(B) As provided in section three hundred eight, article twenty-seven, chapter forty-eight of this code regarding domestic violence proceedings and in section thirteen, article eight, chapter fifty-three of this code regarding personal safety proceedings, no fees may be charged for service of petitions or orders until the matter is brought before the appropriate court for final resolution. Any fees ordinarily remitted to the Secretary of State or to a law-enforcement agency at the time of service shall be deferred and taxed in the costs of the action or proceeding.

(C) Data and records regarding service maintained by law-enforcement agencies and by the office of the Secretary of State for purposes of fulfilling the obligations of this section are not public records subject to disclosure under the provisions of article one, chapter twenty-nine-b of this code.

(d) The following words and phrases, when used in this section, shall for the purpose of this section and unless a different intent be apparent from the context, have the following meanings:

(1) ‘Duly authorized agent’ means and includes among others a person who, at the direction of or with the knowledge or acquiescence of a nonresident, engages in such act or acts and includes among others a member of the family of such nonresident or a person who, at the residence, place of business or post office of such nonresident, usually receives and receipts for mail addressed to such nonresident.

(2) ‘Nonresident’ means any person who is not a resident of this state or a resident who has moved from this state subsequent to engaging in such acts or acts covered by this section.”

On the passage of the bill, the yeas and nays were taken (Roll No. 444), and there were--yeas 93, nays 1, absent and not voting 6, with the nays and absent and not voting being as follows:

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2586) passed.

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

The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

H. B. 2632, Exempting the procurement of certain instructional materials for use in and in support of public schools from the division of purchasing requirements.

On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendment:

On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

“That §5A-3-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §5A-3-3 of said code be amended and reenacted; that §18-2E-7 of said code be amended and reenacted; and that §18-9A-10 of said code be amended and reenacted, all to read as follows:

§5A-3-1. Division created; purpose; director; applicability of article; continuation.

(a) The Purchasing Division within the Department of Administration is continued. The underlying purposes and policies of the Purchasing Division are:

(1) To establish centralized offices to provide purchasing and travel services to the various state agencies;

(2) To simplify, clarify and modernize the law governing procurement by this state;

(4) To make as consistent as possible the procurement rules and practices among the various spending units;

(5) To provide for increased public confidence in the procedures followed in public procurement;

(6) To ensure the fair and equitable treatment of all persons who deal with the procurement system of this state;

(7) To provide increased economy in procurement activities and to maximize to the fullest extent practicable the purchasing value of public funds;

(8) To foster effective broad-based competition within the free enterprise system;

(9) To provide safeguards for the maintenance of a procurement system of quality and integrity; and

(10) To obtain in a cost-effective and responsive manner the commodities and services required by spending units in order for those spending units to better serve this state’s businesses and residents.

(2) Have spent a minimum of ten of the fifteen years immediately preceding his or her appointment employed in an executive capacity in purchasing for any unit of government or for any business, commercial or industrial enterprise.

(c) The provisions of this article apply to all of the spending units of state government, except as otherwise provided by this article or by law.

(d) The provisions of this article do not apply to the judicial branch, the West Virginia State Police Forensics Laboratory, the West Virginia Office of Laboratory Services, the legislative branch, to purchases of stock made by the Alcohol Beverage Control Commissioner and to purchases of textbooks , for instructional materials, digital content resources, instructional technology, hardware, software, telecommunications and technical services by the State Board of Education for use in and in support of the public schools.

(e) The provisions of this article apply to every expenditure of public funds by a spending unit for commodities and services irrespective of the source of the funds.

The director, under the direction and supervision of the secretary, shall be the executive officer of the Purchasing Division and shall have the power and duty to:

(2) Ensure that the purchase of or contract for commodities and services shall be based, whenever possible, on competitive bid;

(3) Purchase or contract for, in the name of the state, the commodities, services and printing required by the spending units of the state government;

(4) Apply and enforce standard specifications established in accordance with section five of this article as hereinafter provided;

(5) Transfer to or between spending units or sell commodities that are surplus, obsolete or unused as hereinafter provided;

(6) Have charge of central storerooms for the supply of spending units, as the director deems advisable;

(7) Establish and maintain a laboratory for the testing of commodities and make use of existing facilities in state institutions for that purpose as hereinafter provided, as the director deems advisable;

(8) Suspend the right and privilege of a vendor to bid on state purchases when the director has evidence that such vendor has violated any of the provisions of the purchasing law or the rules and regulations of the director;

(9) Examine the provisions and terms of every contract entered into for and on behalf of the State of West Virginia that impose any obligation upon the state to pay any sums of money for commodities or services and approve each such contract as to such provisions and terms; and the duty of examination and approval herein set forth does not supersede the responsibility and duty of the Attorney General to approve such contracts as to form: Provided, That the provisions of this subdivision do not apply in any respect whatever to construction or repair contracts entered into by the Division of Highways of the Department of Transportation: Provided, however, That the provisions of this subdivision do not apply in any respect whatever to contracts entered into by the University of West Virginia Board of Trustees or by the Board of Directors of the State College System, except to the extent that such boards request the facilities and services of the director under the provisions of this subdivision: Provided further, That the provisions of this subdivision do not apply to the West Virginia State Police Forensic Laboratory and the West Virginia Office of Laboratory Services;

(10) Assure that the specifications and descriptions in all solicitations are prepared so as to provide all potential suppliers-vendors who can meet the requirements of the state an opportunity to bid and to assure that the specifications and descriptions do not favor a particular brand or vendor. If the director determines that any such specifications or descriptions as written favor a particular brand or vendor or if it is decided, either before or after the bids are opened, that a commodity or service having different specifications or quality or in different quantity can be bought, the director may rewrite the solicitation and the matter shall be rebid; and

(11) Issue a notice to cease and desist to a spending unit when the director has credible evidence that a spending unit has violated competitive bidding or other requirements established by this article and the rules promulgated hereunder. Failure to abide by such notice may result in penalties set forth in section seventeen of this article.

§18-2E-7. Providing for twenty-first century instruction and learning in all public schools.

(1) The knowledge and skills children need to succeed in the twenty-first century are changing dramatically and that West Virginia students must develop proficiency in twenty-first century the subject matter content, technology tools and learning skills to succeed and prosper in life, in school and on the job;

(2) Students must be equipped to live in a multitasking, multifaceted, technology-driven world;

(3) The provision of twenty-first century technologies and software resources in grades prekindergarten through twelve is necessary to meet the goal that high school graduates will be prepared fully for college, other post-secondary education or gainful employment;

(4) This goal reflects a fundamental belief that the youth of the state exit the system equipped with the skills, competencies and attributes necessary to succeed, to continue learning throughout their lifetimes and to attain self-sufficiency;

(5) To promote twenty-first century learning, teachers must be competent in twenty-first century content and learning skills and must be equipped to fully integrate technology to transform instructional practice and to support twenty-first century skills acquisition;

(6) For students to learn twenty-first century technology skills, students and teachers must have equitable access to high quality, twenty-first century technology tools and resources;

(7) When aligned with standards and curriculum, technology-based assessments can be a powerful tool for teachers; and

(8) Teachers must understand how to use technology to create classroom assessments for accurate, timely measurements of student proficiency in attainment of academic content. and twenty-first century skills

(b) The state board shall ensure that the resources to be used to provide technology services to students in grades prekindergarten through twelve are included in a West Virginia 21st Century Strategic Technology Learning Plan to be developed by the Department of Education as an integral component of the county electronic strategic improvement plan required in section five of this article. The provision of technologies and services to students and teachers shall be based on a county technology plan developed by a team that includes school building-level professional educators and is aligned with the goals and objectives of the West Virginia 21st Century Strategic Technology Learning Plan. This plan shall be an integral component of the county electronic strategic improvement plan as required in section five of this article. Funds shall be allocated equitably to county school systems following peer review of the plans that includes providing necessary technical assistance prior to submission and allows timely review and approval by the West Virginia Department of Education. Technology tools, including hardware, software, network cabling, network electronics and related professional development, shall be purchased pursuant to the provisions of article three, chapter five-a of this code in the amount equal to anticipated revenues being appropriated and based on the approved county plans. County allocations that support this legislation Equitable allocation shall be defined by the state board and may include per school-site equity for technologies requiring a site license or other per school application. Technology tools purchased from appropriations for this section shall adhere to state contract prices: Provided, That contingent upon approval of the county technology plan, counties that identify, within that plan, specific software or peripheral equipment not listed on the state contract, but necessary to support implementation, of twenty-first century skills, may request the West Virginia Department of Education to secure state purchasing prices for those identified items. Total expenditure to purchase these additional items may not exceed ten percent of the annual county allocation. To the extent practicable, the technology shall be used:

(1) To maximize student access to learning tools and resources at all times including during regular school hours, before and after school or class, in the evenings, on weekends and holidays and for public education, noninstructional days and during vacations; and

(2) For student use for homework, remedial work, personalized learning, independent learning, career planning and adult basic education.

(c) The implementation of this section should provide a technology infrastructure capable of supporting multiple technology-based learning strategies designed to enable students to achieve at higher academic levels. The technology infrastructure should facilitate student development by addressing the following areas:

(1) Mastery of rigorous core academic subjects in grades prekindergarten through eight by providing software, other technology resources or both aligned with state standards in reading, mathematics, writing, science, social studies twenty-first century learning skills and twenty-first century and learning tools;

(2) Mastery of rigorous core academic subjects in grades nine through twelve by providing appropriate twenty-first century technology tools aligned with state standards for learning skills and technology tools;

(3) Attainment of twenty-first century skill outcomes for all students in the use of technology tools and learning skills;

(5) Participation in relevant, contextual instruction that uses dynamic, real-world contexts that are engaging and meaningful for students, making learning relevant to life outside of school and bridging the gap between how students live and how they learn in school;

(6) Ability to use digital and emerging technologies to manage information, communicate effectively, think critically, solve problems, work productively as an individual and collaboratively as part of a team and demonstrate personal accountability and other self-directional skills;

(7) Providing students with information on post-secondary educational opportunities, financial aid and the skills and credentials required in various occupations that will help them better prepare for a successful transition following high school;

(8) Providing greater access to advanced and other curricular offerings than could be provided efficiently through traditional on-site delivery formats, including increasing student access to quality distance learning curricula and online distance education tools;

(9) Providing resources for teachers in differentiated instructional strategies, technology integration, sample lesson plans, curriculum resources and online staff development that enhance student achievement; and

(10) Providing resources to support basic skills acquisition and improvement at the above mastery and distinguished levels.

(d) Developed with input from appropriate stakeholder groups, the West Virginia 21st Century Strategic Technology Learning Plan shall be an integral component of the electronic strategic county improvement plan as required in section five of this article. The West Virginia 21st Century Strategic Technology Learning Plan shall be comprehensive and shall address, but not necessarily be limited to, the following provisions:

(1) Allocation of adequate resources to provide students with equitable access to twenty-first century technology tools, including instructional offerings and appropriate curriculum, assessment and technology integration resources aligned to both the content and rigor of state content standards as well as to learning skills and technology tools;

(2) Providing students and staff with equitable access to a technology infrastructure that supports the acquisition of twenty-first century skills in the use of technology, including the ability to access information, solve problems, communicate clearly, make informed decisions, acquire new knowledge, construct products, reports and systems and access online assessment systems;

(3) Inclusion of various technologies that enable and enhance the attainment of twenty-first century the skills outcomes for all students;

(4) Collaboration with various partners, including parents, community organization, higher education, schools of education in colleges and universities, employers and content providers;

(5) Seeking of applicable federal government funds, philanthropic funds, other partnership funds or any combination of those types of funds to augment state appropriations and encouraging the pursuit of funding through grants, gifts, donations or any other sources for uses related to education technology;

(6) Sufficient bandwidth to support teaching and learning and to provide satisfactorily for instructional management needs;

(7) Protection of the integrity and security of the network, as well as student and administrative workstations;

(8) Flexibility to adjust the plan based on developing technology, federal and state requirements and changing local school and county needs;

(9) Incorporation of findings based upon validation from research-based evaluation findings from previous West Virginia-based evaluation projects;

(10) Continuing study of emerging technologies for application in a twenty-first century learning environment and inclusion in the technology plan, as appropriate;

(11) An evaluation component to determine the effectiveness of the program and make recommendations for ongoing implementation;

(12) A program of embedded, sustained professional development for teachers that is strategically developed to support a twenty-first century thorough and efficient education for all students and that aligns with state standards for technology, integrates twenty-first century technology skills into educational practice and supports the implementation of twenty-first century software, technology and assessment resources in the classroom;

(13) Providing for uniformity in technological hardware and software standards and procedures;

(14) The strategy for ensuring that the capabilities and capacities of the technology infrastructure is adequate for acceptable performance of the technology being implemented in the public schools;

(15) Providing for a comprehensive, statewide uniform, integrated education management and information system for data collection and reporting to the Department of Education as provided in section twenty-six, article two of this chapter and commonly referred to as the West Virginia Education Information System and the public;

(16) Providing for an effective model for the distance delivery, virtual delivery or both types of delivery of instruction in subjects where there exists low student enrollment or a shortage of certified teachers or where the delivery method substantially improves the quality of an instructional program such as the West Virginia Virtual School;

(17) Providing a strategy to implement, support and maintain technology in the public schools;

(18) Providing a strategy to provide ongoing support and assistance to teachers in integrating technology into twenty-first century instruction such as with technology integration specialists and technology system specialists;

(19) A method of allowing public education to take advantage of appropriate bulk purchasing abilities and to purchase from competitively bid contracts initiated through the southern regional education board educational technology cooperative and the America TelEdCommunications Alliance;

(20) Compliance with United States Department of Education regulations and Federal Communications Commission requirements for federal E-rate discounts; and

(21) Other provisions as considered appropriate, necessary or both to align with applicable guidelines, policies, rules, regulations and requirements of the West Virginia Legislature, the Board of Education and the Department of Education.

(e) Any state code and budget references to the Basic Skills/Computer Education Program and the SUCCESS Initiative will be understood to refer to the statewide technology initiative referenced in this section, commonly referred to as the 21st Century Tools for 21st Century Schools Technology Initiative.

(a) The total allowance to improve instructional programs shall be the sum of the following:

(1) For instructional improvement, in accordance with county and school electronic strategic improvement plans required by section five, article two-e of this chapter, an amount equal to fifteen percent of the increase in the local share amount for the next school year above any required allocation pursuant to section six-b of this article shall be added to the amount of the appropriation for this purpose for the immediately preceding school year: Provided, That effective July 1, 2014, an amount equal to ten percent of the increase in the local share amount for the next school year above any required allocation pursuant to section six-b of this article shall be added to the amount of the appropriation for this purpose for the immediately preceding school year. The sum of these amounts shall be distributed to the counties as follows:

(B) Distribution to the counties of the remainder of these funds shall be made proportional to the average of each county’s average daily attendance for the preceding year and the county’s second month net enrollment.

Moneys allocated by provision of this subdivision shall be used to improve instructional programs according to the county and school strategic improvement plans required by section five, article two-e of this chapter and approved by the state board: Provided, That notwithstanding any other provision of this code to the contrary, moneys allocated by provision of this section also may be used in the implementation and maintenance of the uniform integrated regional computer information system.

Up to twenty-five percent of this allocation may be used to employ professional educators and service personnel in counties after all applicable provisions of sections four and five of this article have been fully utilized.

Prior to the use of any funds from this subdivision for personnel costs, the county board must receive authorization from the state superintendent. The state superintendent shall require the county board to demonstrate: (1) The need for the allocation; (2) efficiency and fiscal responsibility in staffing; (3) sharing of services with adjoining counties and the regional educational service agency for that county in the use of the total local district board budget; and (4) employment of technology integration specialists to meet the needs for implementation of the West Virginia 21st Century Strategic Technology Learning Plan. County boards shall make application for the use of funds for personnel for the next fiscal year by May 1 of each year. On or before June 1, the state superintendent shall review all applications and notify applying county boards of the approval or disapproval of the use of funds for personnel during the fiscal year appropriate. The state superintendent shall require the county board to demonstrate the need for an allocation for personnel based upon the county’s inability to meet the requirements of state law or state board policy.

The provisions relating to the use of any funds from this subdivision for personnel costs are subject to the following: (1) The funds available for personnel under this subsection may not be used to increase the total number of professional noninstructional personnel in the central office beyond four; and (2) For the school year beginning July 1, 2013, and thereafter, any funds available to a county for use for personnel under this subsection above the amount available for the 2012-2013 school year, only may be used for technology systems specialists until the state superintendent determines that the county has sufficient technology systems specialists to serve the needs of the county.

The plan shall be made available for distribution to the public at the office of each affected county board; plus

(2) For the purposes of improving instructional technology, an amount equal to fifteen percent of the increase in the local share amount for the next school year above any required allocation pursuant to section six-b of this article shall be added to the amount of the appropriation for this purpose for the immediately preceding school year: Provided, That effective July 1, 2014, an amount equal to twenty percent of the increase in the local share amount for the next school year above any required allocation pursuant to section six-b of this article shall be added to the amount of the appropriation for this purpose for the immediately preceding school year. The sum of these amounts shall be allocated to the counties as provided in section seven, article two-e of this chapter to meet the objectives of the West Virginia 21st Century Strategic Technology Learning Plan: Provided, That effective July 1, 2014, the sum of these amounts shall be distributed to the counties as follows:

Effective July 1, 2014, moneys allocated by provision of this subdivision shall be used to improve instructional technology programs according to the county and school strategic improvement plans; plus

(3) One percent of the state average per pupil state aid multiplied by the number of students enrolled in dual credit, advanced placement and international baccalaureate courses, as defined by the state board, distributed to the counties proportionate to enrollment in these courses in each county; plus

(4) An amount not less than the amount required to meet debt service requirements on any revenue bonds issued prior to January 1, 1994, and the debt service requirements on any revenue bonds issued for the purpose of refunding revenue bonds issued prior to January 1, 1994, shall be paid into the School Building Capital Improvements Fund created by section six, article nine-d of this chapter and shall be used solely for the purposes of that article. The School Building Capital Improvements Fund shall not be utilized to meet the debt services requirement on any revenue bonds or revenue refunding bonds for which moneys contained within the School Building Debt Service Fund have been pledged for repayment pursuant to that section.

(b) When the school improvement bonds secured by funds from the School Building Capital Improvements Fund mature, the state Board of Education shall annually deposit an amount equal to $24,000,000 from the funds allocated in this section into the School Construction Fund created pursuant to the provisions of section six, article nine-d of this chapter to continue funding school facility construction and improvements.

(c) Any project funded by the School Building Authority shall be in accordance with a comprehensive educational facility plan which must be approved by the state board and the School Building Authority.”

H. B. 2632 - “A Bill to amend and reenact §5A-3-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §5A-3-3 of said code; to amend and reenact §18-2E-7 of said code; and to amend and reenact §18-9A-10 of said code, all relating to purchasing guidelines; exempting the West Virginia State Police Forensics Laboratory and the West Virginia Office of Laboratory Services from state purchasing guidelines; exempting procurement of instructional materials, digital content resources, instructional technology, hardware, software, telecommunications and technical services for use in and in support of public schools; exempting procurement of these items from division of purchasing requirements; removing outdated language and updating name of state technology plan; requiring the State Board of Education to define ‘equitable distribution’; requiring certain technology tools to adhere to state contract prices; adding personalized learning as potential student use for technology; providing for technology system specialists; and removing expired transitional funding language and references to the twenty-first century.”

On the passage of the bill, the yeas and nays were taken (Roll No. 445), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2632) passed.

On this question, the yeas and nays were taken (Roll No. 446), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2632) takes effect from its passage.

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

The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

Com. Sub. for H. B. 2648, Allowing authorized entities to maintain a stock of epinephrine auto-injectors to be used for emergency.

On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendment:

On page three, section two, line five, after the word “programs”, by changing the semicolon to a period.

On page four, section four, lines one and two, by striking out the words “An authorized health care practitioner may prescribe to an authorized entity an epinephrine injector.”, and inserting in lieu there of the following: “An authorized health care practitioner may prescribe an epinephrine injector to an authorized entity.”

On page six, section five, line thirteen, after the word “administers”, by inserting the words “or provides”.

Com. Sub. for H. B. 2648 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-46-1, §16-46-2, §16-46-3, §16-46-4 and §16-46-5, all relating to availability and use of epinephrine auto-injectors; providing definitions; providing for legislative rules; providing for training; providing prescriptive authority to health care practitioners in certain circumstances; providing authority to pharmacists to dispense epinephrine auto-injectors in certain circumstances; providing for the storage and emergency use of epinephrine auto-injectors; providing that in certain circumstances the use of epinephrine auto-injectors is not the practice of medicine; providing that in certain circumstances one authorized to prescribe, possess or train regarding epinephrine auto-injectors is not liable for civil damages; and further providing that certain individuals who administer or provide an epinephrine auto-injector to a person is immune from liability for civil action unless the act or omission was grossly negligent or willful misconduct.”

On the passage of the bill, the yeas and nays were taken (Roll No. 447), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2648) passed.

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

The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendment:

On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendments:

On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

“That §7-25-6, §7-25-11 and §7-25-15 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 §7-25-7a and §7-25-27, all to read as follows:

§7-25-6. Notice to property owners before creation or expansion of resort area district; form of notice; affidavit of publication.

(a) Before the adoption of an order creating a resort area district, the governing body shall cause notice to be given to the owners of real property located within the proposed resort area district that such the order will be considered for adoption at a public meeting of the governing body at a date, time and place named in the notice and that all persons at that meeting, or any adjournment thereof of the meeting, shall be given an opportunity to protest or be heard concerning the adoption or rejection of the order. At or after the meeting the governing body may amend, revise or otherwise modify the information in the petition for formation or expansion of a resort area district as it may deem consider appropriate after taking into account any comments received at such the meeting.

(b) A resort area district may not be created by a governing body if, at the public meeting required by this section, written protest is filed by at least twenty-five percent of the owners of real property proposed to be included within the district. In the event of a such protest, the petition for the creation of the resort area district may not be resubmitted to the governing body for a period of at least one year from the date of the original submission.

(c) At least sixty days prior to the date of the meeting the notice required by this section shall, using reasonable efforts, be mailed to each owner of real property to be included in the proposed resort area district as provided in subsection (g) of this section, posted in multiple, conspicuous public locations within such the proposed district and published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for such the publication shall be the county in which the proposed resort area district is located. The notice shall be in the form of, or substantially in the form of, the following notice:

‘NOTICE TO ALL PERSONS OWNING PROPERTY LOCATED WITHIN ……………… (here describe the boundaries of the proposed resort area district) IN THE COUNTY OF …………… (name of county):

A petition has been presented to the county commission of the County of …………… (name of county) requesting establishment of a resort area district and authorization of a resort service fee under article twenty-five, chapter seven of the code of West Virginia, 1931, as amended, to …………… (describe potential projects and/or services to be provided) in the county of …………… (name of county) as the county commission may deem proper. A copy of the petition is available in the office of the clerk of the county commission of the County of ……………… (name of county) for review by the public during regular office hours.

The petition to create a resort area district will be considered by the county commission at a public meeting to be held on the …… day of ………………, …………………, at … m. at …………………………………… Any owner of real property whose property may be affected by the creation of the above-described resort area district, and any owner of real property whose property is not located within said resort area district but wishes his or her property to be included, will be given an opportunity, under oath, to protest or be heard at said meeting or any adjournment thereof:

(d) An affidavit of publication of the notice made by newspaper publisher, or a person authorized to do so on behalf of such the publisher, and a copy of the notice shall be made part of the minutes of the governing body and spread on its records of the meeting described in the notice. The service of said the notice upon all persons owning any interest in any real property located within the proposed resort area district shall conclusively be deemed determined to have been given upon completion of mailing as provided in subsection (g) of this section and such the newspaper publication.

(e) The petitioners shall bear the expense of publication of the notice, the meeting and the mailing of the proposed order, as requested by subsection (f) of this section.

(f) After the public meeting and before the governing body may adopt an order creating a resort area district, the governing body shall, using reasonable efforts, mail a true copy of the proposed order creating the resort area district to the owners of real property in the proposed district as provided in subsection (g) of this section and shall post copies of such the proposed order in multiple, conspicuous public locations within such the proposed district. Unless waived in writing, any petitioning owner of real property shall have has thirty days from mailing of the proposed order in which to withdraw his or her signature from the petition in writing prior to the vote of the governing body on such the order. If any signatures on the petition are so withdrawn, the governing body may adopt the proposed order only upon certification by the petitioners that the petition otherwise continues to meet the requirements of this article. If all petitioning owners of real property waive the right to withdraw their signatures from the petition, then the governing body may immediately adopt the order.

(g) For purposes of the mailing of each notice to owners of real property required by this section, reasonable efforts shall be made to mail such the notice to all owners of real property proposed to be included within such the resort area district using the real property tax records and land books of the county in which such the proposed district is located and any lists maintained by a resort operator or homeowners association within such the proposed district. Such The notice shall be also mailed to each president of a homeowners association, if any, located within a proposed district which has registered with a resort operator to receive such the information. Immaterial defects in the mailing of such the notices shall not affect the validity of such the notices: Provided, That in the case of any resort area district to be voted upon after the effective date of this amendment adopted during the 2015 regular session of the Legislature, any notice shall be mailed to the property owner's primary place of abode by certified mail, return receipt requested.

(a) The owners of twenty-five percent or more of the real property in a resort area district may petition the board to dissolve that resort area district.

(b) Within sixty days of the submission of a petition for the dissolution of a resort area district, the board shall verify the total number of eligible petitioners to determine whether the required percentage of petitioners has been obtained. If the board determines that the petition has met the requirements of subsection (a) of this section, the board shall set a date for a special election on the question of continuing or dissolving the resort area district. The board shall, using reasonable efforts, cause a notice to be mailed by certified mail, return receipt requested, to each owner of real property located within the resort area district’s of a special election to determine continuance or dissolution of the resort area district: Provided, That any notice shall be mailed to the property owner's primary place of abode by certified mail, return receipt requested.

The date set by the board for the special election required by this section may be no less than sixty nor more than ninety days from the date the board mails the notice, in the form described in subsection (c) of this section, to the owners of real property located within the district. The board shall make a copy of the petition available for inspection by interested persons before the special election. If the board determines that the petition has not met the requirements of subsection (a) of this section, the petition shall be returned to the petitioners with a statement of the reason why the petition was rejected.

(c) The notice mailed to real property owners regarding the special election to determine the continuance or dissolution of the resort area district shall contain the following:

(2) A proxy, in the form described in subsection (d) of this section, which may be used by owners of any class of property to grant proxies to any person to cast the owner’s ballot at the special election as if the owner were present in person. The proxy may be mailed or transmitted electronically to the individual being granted the proxy; and

(3) A copy of a ballot described in subsection (e) of this section. The ballot may be used to vote for continuance or dissolution of the resort area district at the special election.

(d) The proxy form required to be included with the notice of special election mailed to real property owners, as provided in subsection (c) of this section, shall contain the following information:

(1) That the proxy is for the special election to consider the continuance or dissolution of the resort area district as covered by the notice required by subsection (b) of this section;

(2) The name of the owner having the voting right for a parcel of real property;

(4) The name of the individual being given the proxy to vote for the owner unable to attend the special election;

(6) A statement that the named individual being extended the voting proxy is restricted to placing a vote for the named owner as indicated by the owner’s check mark in one of the following two voting choices:

(e) At the special election, the board shall submit the question of continuing or dissolving the resort area district to owners of qualified real property within the resort area district. For purposes of this section, the term ‘qualified real property’ includes the following classes of real property: Unimproved/developable; commercial business; resort operator; and residential improved. Each owner of qualified real property is entitled to one undivided vote in the special election for each parcel of qualified real property owned. The special election ballots shall have written or printed on them the following:

If a simple majority of the votes is cast for dissolution, then the board shall request that the governing body dissolve the resort area district. Following the receipt of a request, the resort area district shall be dissolved by the governing body by operation of law. However, all debts or other obligations outstanding against the resort area district must be settled in full prior to the dissolution. If a simple majority of the votes is cast for continuance, the resort area district shall continue in existence until dissolved at some later date under this section. However, another election may not be held within two years of the last election.

(f) An election under this section shall be held, and conducted and the result determined, certified, returned and canvassed in the same manner and by the same persons as an election for resort area district board members pursuant to section eleven of this article.

§7-25-11. Election procedure for initial members of resort area board; subsequent elections; elections and procedures to fill board vacancies.

(a) Within ninety days of the adoption of the order creating the resort area district, a public meeting shall be held at which elections for the initial members of the board shall be held. Such the meeting shall be held at a location within the district not less than twenty days after the publication of the notice required by subsection (b) of this section.

(b) Prior to the meeting required by this section, the petitioners for the creation of the resort area district shall, using reasonable efforts, cause notice of the initial election meeting to be given to all owners of real property, including owners of commercial business property, located within the district. Such the notice shall be mailed to each owner of real property included in the resort area district as provided in subsection (h) of this section, posted in multiple, conspicuous public locations within such the district and published at least thirty days prior to the date of the meeting as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for such the publication shall be is the resort area district. The notice shall provide, at a minimum, the following information:

(3) A statement that only owners of real property, including owners of commercial business property, located within the district are eligible to make nominations for board positions or vote in such the election;

(5) Electronic and physical addresses where nominations for board positions will be received by petitioners for the creation of the resort area district; and

(c) At the meeting required by this section Nominations shall be made for each board position by persons eligible to vote for each board position. Nominations may be made at the meeting required by this section, by mail or by electronic means. Nominations made by mail or by electronic means must be received by the petitioners prior to the meeting to be valid. Persons nominated for board positions shall meet the criteria provided for each board position as set forth in subsection (b), section ten of this article. Nominations shall be made for each board position in the following manner:

(1) Only owners of residential, improved real property located within the resort area district may nominate persons for the three board positions provided for owners of or representatives of owners of residential, improved real property located within the resort area district;

(2) Only representatives of the resort operator or resort operators may nominate persons for the two board positions provided for representatives of the resort operator or resort operators located within the resort area district;

(3) Only owners of commercial business property located within the resort area district may nominate persons for the board position provided for an owner of or a representative of owners of commercial business property located within the resort area district; and

(4) Only owners of unimproved, developable real property located within the resort area district may nominate persons for the board position provided for an owner of or a representative of owners of unimproved, developable real property located within the resort area district.

(d) Following board member nominations, a vote shall be taken by written ballot for board members to be elected, but owners of any class of property may grant proxies to any person to cast the owner’s ballot as if the owner were present in person. Voting shall occur in the following manner:

(1) Only owners of residential, improved real property located within the resort area district may vote for the three board positions provided for owners of or representatives of owners of residential, improved real property located within the resort area district. Each owner is entitled to one vote per unit or parcel of residential, improved real property he or she owns;

(2) Only a representative of each resort operator may vote for the two board positions provided for representatives of the resort operator or resort operators located within the resort area district;

(3) Only owners of commercial business property located within the resort area district may vote for the board position provided for an owner of or a representative of owners of commercial business property located within the resort area district. Each owner is entitled to one vote per unit of commercial business property he or she owns; and

(4) Only owners of unimproved, developable real property located within the resort area may vote for the board position provided for an owner of or a representative of owners of unimproved, developable real property located within the resort area district. Each owner is entitled to one vote per parcel of unimproved, developable real property that he or she owns.

(e) For purposes of voting in the initial election and in all subsequent elections for board members:

(1) The owners of each parcel or unit of real property are entitled one vote, irrespective of the number of owners of such the parcel or unity;

(3) The vote pertaining to a parcel or unit shall be cast in accordance with the direction of the person or persons holding the majority interest in such the parcel or unit, and in the event there is no majority, such the vote shall be forfeited.

(f) Each board member shall be elected by a majority plurality of the votes cast for such board position.

(g) The petitioners for the creation of the resort area district shall be responsible for the costs of the initial election and meeting required by this section.

(h) For purposes of the mailing of notice to owners of real property required by this section, reasonable efforts shall be made to mail such notice to all owners of real property included within such resort area district using the real property tax records and land books of the county in which such district is located and any lists maintained by a resort operator or homeowners association within such district. Such notice shall be also mailed to each president of a homeowners association, if any, located within a district which has registered with a resort operator to receive such information. Immaterial defects in the mailing of such notices shall not affect the validity of such

§7-25-15. Authorization to implement assessments for projects; procedures for implementing assessments; by-laws to provide additional procedures for implementation of assessments; notice to property owners before implementation of assessments for projects; voting on assessments; affidavit of publication.

(a) An assessment for a project within a resort area district shall be authorized by the adoption of a resolution by the board. The aggregate limit of assessments that may be levied against a parcel of real property within the district is five percent of the appraised value of the real property, including improvements, as shown in the property tax records and land books of the county in which the property is located. A resolution authorizing an assessment shall only be adopted after following the procedures set forth in this section.

(b) The bylaws of a district (1) Shall shall provide the procedures not addressed in this section for the implementation of an assessment to pay the costs of a project: Provided, That such the procedures must be consistent with constitutional standards and all other laws and regulations rules of this state.

(2) May provide for the maximum amount of assessments which may be levied against a parcel of real property within the district.

(c) Fifty-one percent or more of the owners of real property to be benefitted by a project may petition the board to implement an assessment to pay the costs of such the project. A board may on its own initiative propose an assessment to pay the costs of a project upon approval by six sevenths of the board.

(d) Upon following the procedures provided in this section and a resort area district's bylaws for the implementation of an assessment to pay the costs of a project, the board may, after giving notice to all real property owners, and holding a public meeting as and a vote on the project if required by this section, adopt a resolution authorizing such the assessment to pay the costs of a project upon approval by six sevenths of the board.

(e) Before the adoption of a resolution authorizing an assessment to pay the costs of a project, the board shall cause notice to be given to the owners of real property located within the resort area district that such the resolution will be considered for adoption at a public meeting of the board at a date, time and place named in the notice and that all persons at that meeting, or any adjournment thereof, shall be given an opportunity to protest or be heard concerning the adoption or rejection of the resolution. If, as provided in subsection (f) of this section, a favorable vote of the property owners is required before the board authorizes the assessment, the notice of meeting shall also contain information required to enable the owners of real property within the district that will be subject to the assessment to vote on the assessment by mail or electronic means.

(f) An assessment shall may not be authorized by the board if at the public meeting required by this section written protest is filed by at least twenty-five percent of the owners of the real property within the district to be benefitted by the proposed project and subject to the assessment. However, before an assessment proposed by the board on its own initiative as provided in subsection (c) of this section is authorized by the board, the proposal must also receive the favorable vote of a majority of the votes cast at the meeting for the proposal by the owners of real property in the district that will be subject to the assessment. Voting at the meeting shall be in person or by proxy at the meeting or by mailed ballot or electronic means received prior to the meeting. The voting rules set forth in subsection (e), section eleven of this article apply to all voting on assessments. In the event of such protest, the proposed assessment in the same form may not be reconsidered by a board for a period of at least one year from the date of the public meeting.

(g) At least thirty days prior to the date of the public meeting, the notice required by this section shall, using reasonable efforts, be mailed to the owners of real property to be assessed for a proposed project as provided in subsection (k) of this section, posted in multiple, conspicuous public locations within such the district and published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. The publication area for such the publication shall be is the resort area district.

(h) An affidavit of publication of the notice made by newspaper publisher, or a person authorized to do so on behalf of such the publisher, and a copy of the notice shall be made part of the minutes of the board and spread on its records of the meeting described in the notice. The service of said the notice upon all persons owning any interest in any real property located within the resort area district shall conclusively be deemed determined to have been given upon completion of mailing as provided in subsection (k) of this section and such the newspaper publication.

(i) After the public meeting and before the board may adopt a resolution authorizing implementation of assessments, the board shall, using reasonable efforts, mail a true copy of the proposed resolution authorizing implementation of an assessment to the owners of real property in the resort area district as provided in subsection (k) of this section.

(j) A board shall make available to the owners of real property within the district a list of all owners of real property within the district for the purposes of enabling such the owners of real property to solicit support for a petition proposing or a protest against an assessment.

(k) For purposes of the mailing of each notice to owners of real property required by this section, reasonable efforts shall be made to mail such the notice to all owners of real property required to receive notice under this section using the real property tax records and land books of the county in which such the district is located and any lists maintained by a resort operator or homeowners association within such the district. Such The notice shall be also mailed to each president of a homeowners association, if any, located within a district which has registered with a resort operator to receive such the information. Immaterial defects in the mailing of such the notices shall not affect the validity of such the notices.

It is the intent of the Legislature that the amendments to this article passed during the 2015 regular session of the Legislature does not cause any petition for the creation of a resort area district that is currently before the governing body of the county in which the proposed resort area district is located to be voided and that those petitions may be modified to meet the current requirements of this article, put to a public meeting, and incorporated into the petition.”

H. B. 2914 - “A Bill to amend and reenact §7-25-6, §7-25-11 and §7-25-15 the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §7-25-7a and §7-25-27, all relating generally to resort area districts; providing for voluntary dissolution of a resort area district; establishing a procedure for a dissolution; permitting nominations for resort area board members be made by mail or electronic means; permitting property owners to make nominations; providing for election of board members by plurality vote instead of by a majority vote; limiting the amount of assessments that may be levied against a parcel of real property; establishing a procedure for assessments proposed by a board on its own initiative; and providing for the effect of 2015 amendments.”

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 448), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2914) passed.

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

The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:

On motions of Delegate Cowles, the resolution was taken up for immediate consideration and the following Senate amendment was adopted:

On page one, in the second Whereas clause, by striking out the word “passed” and inserting in lieu thereof the word “introduced”.

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

Delegate R. Phillips informed the Clerk that he was absent when the votes were taken on Roll Nos. 413, 414, 415 and 428, and that had he been present, he would have voted “Yea” thereon.

Delegate L. Phillips asked and obtained unanimous consent that the remarks of Delegate Moore regarding the amendment to S. B. 581 offered by Delegate Moffatt be printed in the Appendix to the Journal.

Delegate Caputo asked and obtained unanimous consent that all the remarks regarding the amendment to S. B. 581 be printed in the Appendix to the Journal.

Delegate Byrd asked and obtained unanimous consent that the remarks of Delegates Bates and Folk on the amendments to Com. Sub. for S. B. 199 be printed in the Appendix to the Journal.

Delegate Shott announced that he was absent when the vote was taken on Roll No. 443, and that had he been present, he would have voted “Yea” thereon.

Delegate Perdue asked and obtained unanimous consent that all remarks regarding amendments offered to Com. Sub. for S. B. 347 be printed in the Appendix to the Journal.

At 10:00 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, March 12, 2015.