__________*__________

Saturday, March 12, 2016

SIXTIETH DAY

[MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR]

??????????? The House of Delegates met at 10:00 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 Friday, March 11, 2016, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

??????????? Delegate McCuskey, Chair of 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 11^th day of March, 2016, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

(Com. Sub. for H. B. 2122), Making it illegal for first responders to photograph a corpse; Jonathan's Law,

(Com. Sub. for H. B. 2801), Permitting county commissions and municipalities to designate areas of special interest which will not affect the use of property in those areas,

(Com. Sub. for H. B. 2823), Eliminating the street and interurban and electric railways tax,

(H. B. 4160), Making a supplementary appropriation to the Department of Revenue, Tax Division,

(Com. Sub. for H. B. 4209), Relating generally to health care provider taxes,

(Com. Sub. for H. B. 4225), Relating to patriotic displays at public buildings,

(Com. Sub. for H. B. 4322), Expanding the Learn and Earn Program,

(Com. Sub. for H. B. 4377), Eliminating exemption from hotel occupancy taxes on rental of hotel and motel rooms for thirty or more consecutive days,

(Com. Sub. for H. B. 4433), Allowing an adjustment to gross income for calculating the personal income tax liability of certain retirees,

(Com. Sub. for H. B. 4520), Clarifying that certain hospitals have only one governing body whose meetings shall be open to the public,

(H. B. 4617), Authorizing legislative rules of the Higher Education Policy Commission regarding the Underwood-Smith Teacher Scholarship Program and Nursing Scholarship Program,

??????????? (S. B. 29), Tolling statute of limitations in certain cases,

??????????? (Com. Sub. for S. B. 102), Conforming to federal Law-Enforcement Officers Safety Act,

??????????? (S. B.? 271), Conforming definition of attest services to Uniform Accountancy Act,???????????

(Com. Sub. for S. B. 274), Relating to increasing civil jurisdictional amount in magistrate courts,

??????????? (Com. Sub. for S. B. 303), Providing for 5-day resident fishing license,

??????????? (S. B.? 483), Marshall County LSIC waiver,

??????????? (Com. Sub. for S. B.? 500), Authorizing Superintendent of State Police hold training classes to use West Virginia Automated Police Network,

??????????? And,

??????????? (S. B.? 507), Exempting motor vehicles engaged in nonemergency transport of Medicaid recipients from PSC permit requirements.

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

S. C. R. 1, Urging Congress propose regulation freedom amendment,

And reports the same back with recommendation that it be adopted.

At the respective requests of Delegate Cowles, and by unanimous consent, the resolution was taken up for immediate consideration and adopted.

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

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

??????????? Com. Sub. for H. C. R.? 16, U.S. Army PFC John Ira Pinkerman Memorial Bridge,

Com. Sub. for H. C. R.? 22, U. S. Army SGT Gary Lee DeBoard Memorial Intersection,

Com. Sub. for H. C. R.? 26, Corporal Gary Wayne Weekley Memorial Bridge,

Com. Sub. for H. C. R.? 27, Michael Angiulli Memorial Bridge,

Com. Sub. for H. C. R.? 30, U.S. Army PFC Everett Henry Woody Memorial Bridge,

Com. Sub. for H. C. R.? 33, U.S. Army Air Force S/SGT Harold 'Dean' Baker Memorial Bridge,

Com. Sub. for H. C. R.? 37, U.S. Army SGT Arthur George Roush Memorial Bridge,

H. C. R.? 42, WVSP Tpr. Phillip S. Kesner Memorial Bridge,

Com. Sub. for H. C. R.? 75, U.S. Army SSG James C. Vickers and U.S. Marine Corps PFC Randall Carl Phelps Memorial Bridge,

H. C. R.? 84,U.S. Marine Corps Cpl Mark Douglas Cool Memorial Bridge,

Com. Sub. for H. C. R.? 85, U.S. Navy MM2 Carl E. Keeney and U.S. Army PFC Carl M. Nicholas Memorial Bridge,

Com. Sub. for H. C. R.? 92, Captain John Bond and the West Virginia State Troops Memorial Bridge,

H. C. R.? 98, Study on lowering the state's overall sales and use tax rate,

H. C. R.? 99, 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,

H. C. R.? 106, Requesting the Joint Committee on Government and Finance to study direct primary care,

H. C. R.? 107, Requesting the Joint Committee on Government and Finance to study the civil commitment laws within West Virginia,

H. C. R.? 108, Requesting the Joint Committee on Government and Finance to study and review surprise medical bills,

H. C. R.? 109, Requesting the Joint Committee on Government and Finance conduct an interim study of the feasibility of public virtual online schools,

H. C. R.? 111, Requesting the Joint Committee on Government and Finance to study the issues, needs and challenges facing senior citizens,

H. C. R.? 112, Requesting study on interscholastic student athlete safety issues,???

H. C. R.? 113, Requesting Joint Committee on Government and Finance to establish a select committee to study all aspects of the lottery,

H. C. R.? 114, Requesting the Joint Committee on Government and Finance to conduct an interim study on the best practices in technology procurement,

Com. Sub. for S. C. R.? 27, Herman Daner Rogers Memorial Bridge,

S. C. R.? 32, CW2 Robert D. Taylor Memorial Bridge,

S. C. R.? 36, US Army SPC5 Joseph Richard ?Rick? Schafer Memorial Bridge,

S. C. R.? 39, Clifford Family Memorial Bridge,

S. C. R.? 45, US Army SGT Deforest Lee Talbert Memorial Bridge,

And,

S. C. R.? 64, Requesting DOH study 2015 performance audit and report to Joint Committee on Government and Finance any action taken as result of audit,

And reports the same back with recommendation that they each be adopted.

??????????? At the respective requests of Delegate Cowles, and by unanimous consent, the resolutions were taken up for immediate consideration and adopted.

??????????? Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein on those requiring the same.

Messages from the Executive

??????????? Mr. Speaker, Mr. Armstead, presented a communication from His Excellency, the Governor, advising that on March 10, 2016, he approved H. B. 4157, H. B. 4159, Com. Sub. for H. B. 4279, H. B. 4324, Com. Sub. for H. B. 4540, H. B. 4654, H. B. 4674, H. B. 4735 and S. B. 379.

Messages from the Senate

??????????? A message from the Senate, by

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

??????????? Com. Sub. for H. B. 4013, Requiring a person desiring to vote to present documentation identifying the voter.

??????????? On motion of Delegate Cowles, the bill was taken up for immediate consideration and the following Senate amendments were reported by the Clerk:

?That ?3-1-34 and ?3-1-41 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto a new section, designated ?3-1-51; that ?3-2-11 and ?3-2-12 of said code be amended and reenacted; and that ?17B-2-1 of said code be amended and reenacted, all to read as follows:

CHAPTER 3.? ELECTIONS.

ARTICLE 1.? GENERAL PROVISIONS AND DEFINITIONS.

?3-1-34. Voting procedures generally; identification; assistance to voters; voting records; penalties.

(a) ~~Any~~ A person desiring to vote in an election shall, upon entering the election room, clearly state his or her name and residence to one of the poll clerks who shall thereupon announce the same in a clear and distinct tone of voice. For elections occurring on or after January 1, 2018, the person desiring to vote shall present to one of the poll clerks a valid identifying document meeting the requirements of subdivision (1) of this subsection, and the poll clerk shall inspect and confirm that the name on the identifying document conforms to the name in the individual's voter registration record and that the image displayed is truly an image of the person presenting the document.? If that person is found to be duly registered as a voter at that precinct, he or she shall sign his or her name in the designated location provided at the precinct. If that person is physically or otherwise unable to sign his or her name, his or her mark shall be affixed by one of the poll clerks in the presence of the other and the name of the poll clerk affixing the voter's mark shall be indicated immediately under the affixation. No ballot may be given to the person until he or she signs his or her name on the designated location or his or her signature is affixed thereon.

(1) A document shall be deemed to be a valid identifying document if it:

(A) Has been issued either by the State of West Virginia, or one of its subsidiaries, or by the United States Government; and

(B) Contains the name and a photograph of the person desiring to vote.

(2) Notwithstanding the provisions of subdivision (1) of this subsection, the following documents, if they contain the voter?s name, shall be considered valid identifying documents, and a person desiring to vote may produce any of the following:

(A) A valid West Virginia driver?s license or valid West Virginia identification card issued by the West Virginia Division of Motor Vehicles;

(B) A valid driver?s license issued by a state other than the State of West Virginia;

(D) A valid employee identification card with a photograph of the eligible voter issued by any branch, department, agency, or entity of the United States Government or of the State of West Virginia, or by any county, municipality, board, authority, or other political subdivision of West Virginia;

(E) A valid student identification card with a photograph of the eligible voter issued by an institution of higher education in West Virginia, or a valid high school identification card issued by a West Virginia high school;

(F) A valid military identification card issued by the United States with a photograph of the person desiring to vote;

(G) A valid concealed carry (pistol/revolver) permit issued by the sheriff of the county with a photograph of the person desiring to vote;

(H) A valid Medicare card or Social Security card;

(I) A valid birth certificate;

(J) A valid voter registration card issued by a county clerk in the State of West Virginia;

(K) A valid hunting or fishing license issued by the State of West Virginia;

(L) A valid identification card issued to the voter by the West Virginia Supplemental Nutrition Assistance (SNAP) program;

(M) A valid identification card issued to the voter by the West Virginia Temporary Assistance for Needy Families (TANF) program;?

(N) A valid identification card issued to the voter by West Virginia Medicaid;

(O) A valid credit card;

(P) A valid bank card or valid debit card;

(Q) A valid utility bill issued within six months of the date of the election;

(R) A valid paycheck issued within six months of the date of the election;

(S) A valid bank statement issued within six months of the date of the election; or

(T) A valid health insurance card issued to the voter.

(3) In lieu of providing identifying documents, as required by this section, a registered voter may be accompanied at the polling place by an adult known to the registered voter for at least six months.? That adult may sign an affidavit on a form provided to clerks and poll workers by the Secretary of State, which states under oath or affirmation that the adult has known the registered voter for at least six months, and that in fact the registered voter is the same person who is present for the purpose of voting.? For the affidavit to be considered valid, the adult shall present a valid identifying document with his or her name, address, and photograph.?

(4) A poll worker may allow a voter known to the poll worker at least six months to vote without presenting a valid identifying document.

(5) If the person desiring to vote is unable to furnish a valid identifying document which contains his or her name and a photograph or, if the poll clerk determines that the proof of identification presented by the voter does not qualify as a valid identifying document based on the above listed criteria, the person desiring to vote shall be permitted to cast a provisional ballot after executing an affidavit affirming his or her identity pursuant to paragraph (B) of this subdivision.

(A) The provisional ballot is entitled to be counted once the election authority verifies the identity of the individual by comparing that individual's signature to the current signature on file with the election authority and determines that the individual was otherwise eligible to cast a ballot at the polling place where the ballot was cast.

(B) The affidavit to be used for voting shall be substantially in the following form:

?State of West Virginia

County of .....................................

I do solemnly swear (or affirm) that my name is .................................................; that I reside at.............................; and that I am the person listed in the precinct register under this name and at this address.

I understand that knowingly providing false information is a violation of law and subjects me to possible criminal prosecution.

.......................................................

Signature of voter

Subscribed and affirmed before me this ........... day of ....................., 20....

................................

Name of Election Official

??????????????????????????????????????????????????????????????????????????????????? ................................

??????????????????????????????????????????????????????????????????????????????????? Signature of Election Official?.

??????????? (6) A voter who votes in person at a precinct polling place that is located in a building which is part of a state licensed care facility where the voter is a resident is not required to provide proof of identification as a condition before voting in an election.

??????????? (7) If the voter objects to the photograph requirement because of religious beliefs, the voter may cast a ballot if he or she executes an affidavit of religious exemption, which shall be in the following form:

??????????? ?State of West Virginia

??????????? County of .....................................

??????????? I,........................, residing at ...................................., do hereby swear or affirm that because of my religious beliefs, I object to having my photograph taken and that I do not possess a form of identification that meets the requirements of the election laws of this state showing my photograph.

??????????? I understand that knowingly providing false information is a violation of law and subjects me to a fine of up to $1,000 and/or confinement in jail for up to one year.

??????????? ?I hereby swear or affirm, under the penalties for providing false information, that I am the identical person whom I represent myself to be and that to the best of my knowledge and belief the information above is true and correct.

.......................................................

Signature of voter

??????????? Subscribed and affirmed before me this ........... day of ....................., 20....???????????????????????????????????? ??????????? ................................

??????????????????????????????????????????????????????????? Name of Election Official

??????????????????????????????????????????????????????????? ................................

??????????????????????????????????????????????????????????? Signature of Election Official?.

??????????? (8) The person entering voter information into the centralized voter registration database shall cause the records to indicate when a voter has not presented a valid identifying document and has executed a voter identity affidavit.

??????????? (9) If a voter participating in the Address Confidentiality Program established by section one hundred three, article twenty-eight-a, chapter forty-eight of this code, executes a voter identity affidavit, the program participant's residential or mailing address is subject to the confidentiality provisions of section one hundred eight, article twenty-eight-a, chapter forty-eight of this code and shall be used only for those statutory and administrative purposes authorized by this section.

??????????? (10) Prior to the primary and general elections to be held in calendar year 2018, the Secretary of State shall educate voters about the requirement to present a valid identifying document and develop a program to help ensure that all eligible voters are able to obtain an identifying document.

(b) The clerk of the county commission is authorized, upon verification that the precinct at which a handicapped person is registered to vote is not handicap accessible, to transfer that person's registration to the nearest polling place in the county which is handicap accessible. A request by a handicapped person for a transfer of registration must be received by the county clerk no later than thirty days prior to the date of the election. ~~Any~~ A handicapped person who has not made a request for a transfer of registration at least thirty days prior to the date of the election may vote a provisional ballot at a handicap accessible polling place in the county of his or her registration. If during the canvass the county commission determines that the person had been registered in a precinct that is not handicap accessible, the voted ballot, if otherwise valid, shall be counted. The handicapped person may vote in the precinct to which the registration was transferred only as long as the disability exists or the precinct from which the handicapped person was transferred remains inaccessible to the handicapped. To ensure confidentiality of the transferred ballot, the county clerk processing the ballot shall provide the voter with an unmarked envelope and an outer envelope designated ?provisional ballot/handicapped voter?. After validation of the ballot at the canvass, the outer envelope shall be destroyed and the handicapped voter's ballot shall be placed with other approved provisional ballots prior to removal of the ballot from the unmarked envelope.

(c) When the voter's signature is properly marked and the voter has presented a valid identifying document, the two poll clerks shall sign their names in the places indicated on the back of the official ballot and deliver the ballot to the voter to be voted by him or her without leaving the election room. If he or she returns the ballot spoiled to the clerks, they shall immediately mark the ballot ?spoiled? and it shall be preserved and placed in a spoiled ballot envelope together with other spoiled ballots to be delivered to the board of canvassers and deliver to the voter another official ballot, signed by the clerks on the reverse side. The voter shall thereupon retire alone to the booth or compartment prepared within the election room for voting purposes and there prepare his or her ballot. In voting for candidates in general and special elections, the voter shall comply with the rules and procedures prescribed in section five, article six of this chapter.

(d) It is the duty of a poll clerk, in the presence of the other poll clerk, to indicate by a check mark, or by other means, inserted in the appropriate place on the registration record of each voter the fact that the voter voted in the election. In primary elections the clerk shall also insert ~~thereon~~ on the registration record of each voter a distinguishing initial or initials of the political party for whose candidates the voter voted. If a person is challenged at the polls, the challenge shall be indicated by the poll clerks on the registration record, together with the name of the challenger. The subsequent removal of the challenge shall be recorded on the registration record by the clerk of the county commission.

(e) (1) No voter may receive any assistance in voting unless, by reason of blindness, disability, advanced age or inability to read and write, that voter is unable to vote without assistance. Any voter so qualified to receive assistance in voting ~~under the provisions of this section~~ may:

(A) Declare his or her choice of candidates to an Election Commissioner of each political party who, in the presence of the voter and in the presence of each other, shall prepare the ballot for voting in the manner ~~hereinbefore~~ provided in this section and, on request, shall read to the voter the names of the candidates selected on the ballot;

(B) Require the Election Commissioners to indicate to him or her the relative position of the names of the candidates on the ballot, ~~whereupon~~ the voter shall then retire to one of the booths or compartments to prepare his or her ballot in the manner ~~hereinbefore~~ provided in this section;

(C) Be assisted by any person of the voter's choice, other than the voter's present or former employer or agent of that employer, the officer or agent of a labor union of which the voter is a past or present member or a candidate on the ballot or an official write-in candidate; or

(D) If he or she is handicapped, vote from an automobile outside the polling place or precinct by the absentee balloting method provided in subsection (e), section five, article three of this chapter in the presence of an Election Commissioner of each political party if all of the following conditions are met:

(i) The polling place is not handicap accessible; and

(ii) No voters are voting or waiting to vote inside the polling place.

(2) The voted ballot shall then be returned to the precinct officials and secured in a sealed envelope to be returned to the clerk of the county commission with all other election materials. The ballot shall then be tabulated using the appropriate method provided in section eight of this chapter as it relates to the specific voting system in use.

(3) ~~Any~~ A voter who requests assistance in voting but who is believed not to be qualified for assistance under the provisions of this section shall nevertheless be permitted to vote a provisional ballot with the assistance of any person herein authorized to render assistance.

(4) ~~Any~~ One or more of the Election Commissioners or poll clerks in the precinct may challenge the ballot on the ground that the voter ~~thereof~~ received assistance in voting it when in his, her or their opinion the person who received assistance in voting is not so illiterate, blind, disabled or of such advanced age as to have been unable to vote without assistance.? The Election Commissioner or poll clerk or commissioners or poll clerks making the challenge shall enter the challenge and ~~reason therefor~~ the reason for such challenge on the form and in the manner prescribed or authorized by article three of this chapter.

(5) An Election Commissioner or other person who assists a voter in voting:

(A) May not in any manner request or seek to persuade or induce the voter to vote ~~any~~ a particular ticket or for ~~any~~ a particular candidate or for or against any public question and must not keep or make any memorandum or entry of anything occurring within the voting booth or compartment and must not, directly or indirectly, reveal to any person the name of ~~any~~ a candidate voted for by the voter, or which ticket he or she had voted or how he or she had voted on any public question or anything occurring within the voting booth, or compartment, or voting machine booth except when required ~~pursuant to~~ by law to give testimony as to the matter in a judicial proceeding; and

(B) Shall sign a written oath or affirmation before assisting the voter on a form prescribed by the Secretary of State stating that he or she will not override the actual preference of the voter being assisted, attempt to influence the voter's choice or mislead the voter into voting for someone other than the candidate of voter's choice. The person assisting the voter shall also swear or affirm that he or she believes that the voter is voting free of intimidation or manipulation. ~~Provided,~~ ~~That~~ No person providing assistance to a voter is required to sign an oath or affirmation where the reason for requesting assistance is the voter's inability to vote without assistance because of blindness as defined in section three, article fifteen, chapter five of this code and the inability to vote without assistance because of blindness is certified in writing by a physician of the voter's choice and is on file in the office of the clerk of the county commission.

(6) In accordance with instructions issued by the Secretary of State, the clerk of the county commission shall provide a form entitled ?list of assisted voters?, ~~the form of which list shall likewise be~~ on a form as prescribed by the Secretary of State.? The commissioners shall enter the name of each voter receiving assistance in voting the ballot, together with the poll slip number of that voter and the signature of the person or the commissioner from each party who assisted the voter.? If no voter has been assisted in voting, the commissioners shall ~~likewise~~ make and subscribe to an oath of that fact on the list.

(f) After preparing the ballot, the voter shall fold the ballot so that the face is not exposed and ~~so that~~ the names of the poll clerks ~~thereon~~ on it are seen.? The voter shall announce his or her name and present his or her ballot to one of the commissioners who shall hand the same to another commissioner, of a different political party, who shall deposit it in the ballot box if the ballot is the official one and properly signed.? The commissioner of election may inspect every ballot before it is deposited in the ballot box to ascertain whether it is single; but without unfolding or unrolling it so as to disclose its content.? When the voter has voted, he or she shall retire immediately from the election room and beyond the sixty-foot limit ~~thereof and may~~ and not return except by permission of the commissioners.

(g) Following the election, the oaths or affirmations required by this section from those assisting voters, together with the ?list of assisted voters?, shall be returned by the Election Commissioners to the clerk of the county commission along with the election supplies, records and returns.? The clerk of the county commission shall make the oaths, affirmations and list available for public inspection and ~~shall~~ preserve them for a period of twenty-two months or until disposition is authorized or directed by the Secretary of State or court of record. ?~~Provided,~~ ~~That~~ The clerk may use these records to update the voter registration records in accordance with subsection (d), section eighteen, article two of this chapter.

(h) Any person making an oath or affirmation required under the provisions of this section who knowingly swears falsely or any person who counsels, advises, aids or abets another in the commission of false swearing under this section, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in jail for a period of not more than one year, or both fined and confined.

(i) Any Election Commissioner or poll clerk who authorizes or provides unchallenged assistance to a voter when the voter is known to the Election Commissioner or poll clerk not to require assistance in voting, is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned in a state correctional facility for a period of not less than one year nor more than five years, or both fined and imprisoned.

?3-1-41. Challenged and provisional voter procedures; counting of provisional voters' ballots; ballots of election officials.

??????????? (a) It is the duty of the members of the receiving board, jointly or severally, to challenge the right of any person requesting a ballot to vote in any election:

??????????? (1) If the person's registration record is not available at the time of the election;

??????????? (2) If the signature written by the person in the poll book does not correspond with the signature purported to be his or hers on the registration record;

??????????? (3) If the registration record of the person indicates any other legal disqualification; or

??????????? (4) If the person fails to present a valid identifying document pursuant to section thirty-four of this article; or

??????????? ~~(4)~~(5) If any other valid challenge exists against the voter pursuant to section ten, article three of this chapter.

??????????? (b) Any person challenged shall nevertheless be permitted to vote in the election.? He or she shall be furnished an official ballot not endorsed by the poll clerks.? In lieu of the endorsements, the poll clerks shall complete and sign an appropriate form indicating the challenge, the reason thereof and the name or names of the challengers.? The form shall be securely attached to the voter's ballot and deposited together with the ballot in a separate box or envelope marked ?provisional ballots?.

??????????? (c) At the time that an individual casts a provisional ballot, the poll clerk shall give the individual written information stating that an individual who casts a provisional ballot will be able to ascertain under the free access system established in this section whether the vote was counted and, if the vote was not counted, the reason that the vote was not counted.

??????????? (d) Before an individual casts a provisional ballot, the poll clerk shall provide the individual written instructions, supplied by the board of ballot commissioners, stating that if the voter is casting a ballot in the incorrect precinct, the ballot cast may not be counted for that election:? Provided, That if the voter is found to be in the incorrect precinct, then the poll worker shall attempt to ascertain the appropriate precinct for the voter to cast a ballot and immediately give the voter the information if ascertainable.

??????????? (e) Provisional ballots may not be counted by the election officials.? The county commission shall, on its own motion, at the time of canvassing of the election returns, sit in session to determine the validity of any challenges according to the provisions of this chapter.? If the county commission determines that the challenges are unfounded, each provisional ballot of each challenged voter, if otherwise valid, shall be counted and tallied together with the regular ballots cast in the election.? The county commission, as the board of canvassers, shall protect the privacy of each provisional ballot cast.? The county commission shall disregard technical errors, omissions or oversights if it can reasonably be ascertained that the challenged voter was entitled to vote.

??????????? (f) Any person duly appointed as an Election Commissioner or clerk under the provisions of section twenty-eight of this article who serves in that capacity in a precinct other than the precinct in which the person is legally entitled to vote may cast a provisional ballot in the precinct in which the person is serving as a commissioner or clerk.? The ballot is not invalid for the sole reason of having been cast in a precinct other than the precinct in which the person is legally entitled to vote.? The county commission shall record the provisional ballot on the voter's permanent registration record:? Provided, That the county commission may count only the votes for the offices that the voter was legally authorized to vote for in his or her own precinct.

??????????? (g) The Secretary of State shall establish a free access system, which may include a toll-free telephone number or an Internet website, that may be accessed by any individual who casts a provisional ballot to discover whether his or her vote was counted and, if not, the reason that the vote was not counted.

?3-1-51. Identity verification of voters executing voter identity affidavit.

(a) The clerk of the county commission shall cause a letter to be mailed by first class mail to each voter who executed a voter identity affidavit pursuant to section thirty-four of this article.? The letter shall be mailed within sixty days after the election.? The clerk shall mark the envelope with instructions to the United States Post Office not to forward the letter and to provide address correction information.? The letter shall notify the addressee that a person who did not present valid photo identification voted using his or her name and address and instruct the addressee to contact the clerk immediately if he or she did not vote. ?The letter shall also inform the addressee of the procedure for obtaining a nondriver's picture identification card for voting purposes.

??????????? (b) The clerk of the county commission shall cause letters mailed pursuant to subsection (a) of this section that are returned as undeliverable by the United States Post Office to be referred to the Secretary of State.? The clerk shall also prepare and forward to the Secretary of State a list of all persons who were mailed letters under subsection (a) of this section and who notified the clerk that they did not vote.? Upon receipt of notice from a person who receives a letter mailed pursuant to subsection (a) of this section that the person did not vote, or upon receipt of a referral from the clerk, the Secretary of State shall cause an investigation to be made to determine whether fraudulent voting occurred. Beginning July 1, 2019 and each year thereafter, the Secretary of State shall submit a report to the Joint Committee on the Judiciary and the Joint Committee on Government and Finance detailing the results of all investigations of voter identity affidavits, including, but not limited to, the number of investigations, the number of ballots cast, and the number and results of any determinations made regarding fraudulent voting.

ARTICLE 2.? REGISTRATION OF VOTERS

'3‑2‑11. Registration in conjunction with driver licensing.

(a) The Division of Motor Vehicles or other division or department that may be established by law to perform motor vehicle driver licensing services shall obtain, ~~provide each qualified registrant,~~ as an integral and simultaneous part of every process of application for the issuance, renewal or change of address of a motor vehicle driver's license or official identification card pursuant to the provisions of article two, chapter seventeen‑b of this code, ~~a voter registration application as prescribed in section five of this article~~ when the division=s regional offices are open for regular business~~. An individual may apply for voter registration using an approved electronic voter registration system if available at a Division of Motor Vehicles regional office.~~ the following information from each qualified registrant:

(1) Full name, including first, middle, last and any premarital names;

(2) Date of birth;

(3) Residence address and mailing address, if different;

(4) The applicant?s electronic signature;

(5) Telephone number, if available;

(6) Email address, if available;

(7) Political party membership, if any;

(8) Driver?s license number and last four digits of social security number;

(9) A notation that the applicant has attested that he or she meets all voter eligibility requirements, including United States citizenship;

(10) Whether the applicant affirmatively declined to become registered to vote during the transaction with the Division of Motor Vehicles;

(11) Date of application; and

(12) Any other information specified in rules adopted to implement this section.

(b) Unless the applicant affirmatively declines to become registered to vote or update their voter registration during the transaction with the Division of Motor Vehicles, the Division of Motor Vehicles shall release all of the information obtained pursuant to subsection (a) of this section to the Secretary of State who shall forward the information to the county clerk for the relevant county to process the newly registered voter or updated information for the already registered voter pursuant to law.? Notwithstanding any other provision of this code to the contrary, if the applicant affirmatively declines to become registered to vote, the Division of Motor Vehicles is required to release the first name, middle name, last name, premarital name, if applicable, complete residence address, complete date of birth of an applicant and the applicant=s electronic signature, entered in the division=s records for driver license or nonoperator identification purposes to the Office of the Secretary of State in order to facilitate any future attempt of the applicant to register to vote online, along with the notation that the applicant affirmatively declined to become registered at that time.? The Division of Motor Vehicles shall notify that applicant that by submitting his or her signature, the applicant grants written consent for the submission of the information obtained and required to be submitted to the Office of the Secretary of State pursuant to this section.? upon notice and written consent of the applicant. The notice and consent is a required component of an electronic voter registration application made available to the general public by the Secretary of State. The release of an applicant=s signature by the Division of Motor Vehicles to the Office of the Secretary of State applies to any voter registration application approved through an electronic voter registration system approved by the Secretary of State regardless of the location of the online user and provided the user grants written consent.

(c) A person who fails to sign the voter registration application or who fails to return the voter registration application to a driver licensing facility or to an appropriate voter registration office is considered to have declined to register. Information regarding a person's failure to sign the voter registration application is confidential and may not be used for any purpose other than to determine voter registration.

(d) A qualified voter who submits the ~~application for registration~~ required information and does not affirmatively decline to become registered or update their voter registration, pursuant to the provisions of subsection (a) of this section, in person at a driver licensing facility at the time of applying for, obtaining, renewing or transferring his or her driver's license or official identification card and who presents identification and proof of age at that time is not required to make his or her first vote in person or to again present identification in order to make that registration valid.

(e) A qualified voter who submits by mail or by delivery by a third party an application for registration on the form used in conjunction with driver licensing is required to make his or her first vote in person and present identification as required for other mail registration in accordance with the provisions of subsection (g), section ten of this article. If the applicant has been previously registered in the jurisdiction and the application is for a change of address, change of name, change of political party affiliation or other correction, the presentation of identification and first vote in person is not required.

(f) An application for voter registration submitted pursuant to the provisions of this section updates a previous voter registration by the applicant and authorizes the cancellation of registration in any other county or state in which the applicant was previously registered.

(g) A change of address from one residence to another within the same county which is submitted for driver licensing or nonoperator=s identification purposes in accordance with applicable law serves as a notice of change of address for voter registration purposes if requested by the applicant after notice and written consent of the applicant.

(h) Completed applications for voter registration or change of address for voting purposes received by an office providing driver licensing services shall be forwarded to the Secretary of State within five days of receipt unless other means are available for a more expedited transmission. The Secretary of State shall remove and file any forms which have not been signed by the applicant and shall forward completed, signed applications to the clerk of the appropriate county commission within five days of receipt.

(i) Voter registration application forms containing voter information which are returned to a driver licensing office unsigned shall be collected by the Division of Motor Vehicles, submitted to the Secretary of State and maintained by the Secretary of State=s office according to the retention policy adopted by the Secretary of State.

(j) The Secretary of State shall establish procedures to protect the confidentiality of the information obtained from the Division of Motor Vehicles, including any information otherwise required to be confidential by other sections of this code.

(k) A person registered to vote pursuant to this section may cancel his or her voter registration at any time by any method available to any other registered voter.

(l) This section shall not be construed as requiring the Division of Motor Vehicles to determine eligibility for voter registration and voting.

(m) The changes made to this section during the 2016 Regular Legislative Session shall become effective on July 1, 2017, and any costs associate therewith shall be paid by the Division of Motor Vehicles.? If the Division of Motor Vehicles is unable to meet the requirements of this section by February 1, 2017, it shall make a presentation to the Joint Committee on Government and Finance explaining any resources necessary to meet the requirements or any changes to the code that it recommends immediately prior to the 2017 Regular Legislative Session.

(n) The Secretary of State may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code in order to implement the requirements of this section.

'3-2-12. Combined voter registration and driver licensing fund; transfer of funds.

(a) Fifty cents of each license fee collected pursuant to the provisions of section one, article three, chapter seventeen of this code shall be paid into the State Treasury to the credit of a special revenue fund to be known as the ?Combined Voter Registration and Driver Licensing Fund?. The moneys so credited to such fund may be used by the Secretary of State for the following purposes:

(1) Printing and distribution of combined driver licensing or other agency applications and voter registration forms, or for the printing of voter registration forms to be used in conjunction with driver licensing or other agency applications, or for implementing the automatic voter registration program authorized in section eleven of this article;

(2) Printing and distribution of mail voter registration forms for purposes of this article;

(3) Supplies, postage and mailing costs for correspondence relating to voter registration for agency registration sites and for the return of completed voter registration forms to the appropriate state or county election official;

(4) Reimbursement of postage and mailing costs incurred by clerks of the county commissions for sending a verification mailing, confirmation of registration or other mailings directly resulting from an application to register, change or update a voter's registration through a driver licensing or other agency;

(5) Reimbursement to state funded agencies, with the exception of the Division of Motor Vehicles, designated to provide voter registration services under this chapter for personnel costs associated with the time apportioned to voter registration services and assistance;

(6) The purchase, printing and distribution of public information and other necessary materials or equipment to be used in conjunction with voter registration services provided by state funded agencies designated pursuant to the provisions of this article;

(7) The development and continued maintenance of a statewide program of uniform voter registration computerization for use by each county registration office and the Secretary of State, purchase of uniform voter registration software, payment of software installation costs and reimbursement to the county commissions of not more than fifty percent of the cost per voter for data entry or data conversion from a previous voter registration software program;

(8) Efforts to maintain correct voter information and conduct general list maintenance to remove ineligible voters and ensure new residents receive voter registration information, including collaborating with other states and non-profit corporations dedicated to improving the election system; Payment of up to fifty percent of the costs of conducting a joint program with participating counties to identify ineligible voters by using the United States postal service information as provided in section twenty-five of this article: Provided, That such assistance shall be available only to counties which maintain voter registration lists on the statewide uniform voter data system; and

(9) Payment of any dues or fees associated with a program to match and transfer data to and from other states;

(10) Resources related to voter registration and list maintenance; and

~~(9)~~ (11) Payment or reimbursement of other costs associated with implementation of the requirements of the National Voter Registration Act of 1993 (42 U. S. C. 1973gg): Provided, That revenue received by the fund in any fiscal year shall first be allocated to the purposes set forth in subdivisions (1) through ~~(8)~~ (10), inclusive, of this subsection.

(b) The Secretary of State shall promulgate rules pursuant to the provisions of chapter twenty-nine-a of this code to provide for the administration of the fund established in subsection (a) of this section.

(c) Any balance in the fund created by subsection (a) of this section which exceeds $100,000 as of June 30, 2017, and on June 30 of each year thereafter, shall be transferred to the General Revenue Fund.

CHAPTER 17B.? MOTOR VEHICLE DRIVER'S LICENSES.

ARTICLE 2.? ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.

?17B-2-1. Drivers must be licensed; types of licenses; licensees need not obtain local government license; motorcycle driver license; identification cards.

(a) (1) No person, except those hereinafter expressly exempted, may drive ~~any~~ a motor vehicle upon a street or highway in this state or upon ~~any~~ a subdivision street used by the public generally unless the person has a valid driver's license issued pursuant to this code for the type or class of vehicle being driven.

??????????? (2) Any person licensed to operate a motor vehicle pursuant to this code may exercise the privilege thereby granted in the manner provided in this code and, except as otherwise provided by law, is not required to obtain any other license to exercise the privilege by ~~any~~ a county, municipality or local board or body having authority to adopt local police regulations.

??????????? (b) The division, upon issuing a driver's license, shall indicate on the license the type or general class or classes of vehicles the licensee may operate in accordance with this code, federal law or rule.? Licenses shall be issued in different colors for those drivers under age eighteen, those drivers age eighteen to twenty-one and adult drivers.? The commissioner is authorized to select and assign colors to the licenses of the various age groups.? ?????????

??????????? (c) The following drivers licenses classifications are hereby established:

??????????? (1) A Class A, B or C license shall be issued to those persons eighteen years of age or older with two years of driving experience who have qualified for the commercial driver's license established by chapter seventeen-e of this code and the federal Motor Carrier Safety and Improvement Act of 1999 and subsequent rules and have paid the required fee.

??????????? (2) A Class D license shall be issued to those persons eighteen years and older with one year of driving experience who operate motor vehicles other than those types of vehicles which require the operator to be licensed under the provisions of chapter seventeen-e of this code and federal law and rule and whose primary function or employment is the transportation of persons or property for compensation or wages and have paid the required fee.? For the purpose of regulating the operation of motor vehicles, wherever the term ?chauffeur's license? is used in this code, it ~~shall be construed to mean~~ means the Class A, B, C or D license described in this section or chapter seventeen-e of this code or federal law or rule: Provided, That anyone not required to be licensed under the provisions of chapter seventeen-e of this code and federal law or rule and who operates a motor vehicle registered or required to be registered as a Class A motor vehicle, as that term is defined in section one, article ten, chapter seventeen-a of this code, with a gross vehicle weight rating of less than eight thousand one pounds, is not required to obtain a Class D license.

??????????? (3) A Class E license shall be issued to ~~those~~ persons who have qualified for a driver?s license under the provisions of this chapter and who are not required to obtain a Class A, B, C or D license and who have paid the required fee.? The Class E license may be endorsed under the provisions of section seven-b of this article for motorcycle operation.? The Class E or ~~(G)~~ G license for ~~any~~ a person under the age of eighteen may also be endorsed with the appropriate graduated driver license level in accordance with the provisions of section three-a of this article.

??????????? (4) A Class F license shall be issued to those persons who successfully complete the motorcycle examination procedure provided by this chapter and have paid the required fee but who do not possess a Class A, B, C, D or E driver's license.

??????????? (5) A Class G driver?s license or instruction permit shall be issued to a person using bioptic telescopic lenses who has successfully completed an approved driver training program and complied with all other requirements of article two-b of this chapter.

??????????? (d) All licenses issued under this section may contain information designating the licensee as a diabetic, organ donor, as deaf or hard-of-hearing, or as having any other handicap or disability or that the licensee is an honorably discharged veteran of any branch of the Armed Forces of the United States, according to criteria established by the division, if the licensee requests this information on the license. An honorably discharged veteran may be issued a replacement license without charge if the request is made before the expiration date of the current license and the only purpose for receiving the replacement license is to get the veterans designation placed on the license.

??????????? (e) No person, except those hereinafter expressly exempted, may drive ~~any~~ a motorcycle ~~upon~~ on a street or highway in this state or ~~upon any~~ on a subdivision street used by the public generally unless the person has a valid motorcycle license, a valid license which has been endorsed under section seven-b of this article for motorcycle operation or a valid motorcycle instruction permit.

??????????? (f) (1) An identification card may be issued to ~~any~~ a person who:

??????????? (A) Is a resident of this state in accordance with the provisions of section one-a, article three, chapter seventeen-a of this code;

??????????? (B) Has reached the age of two years ~~The division may also issue an identification card to a person under the age of two years,for good cause shown;~~ or, for good cause shown, under the age of two.

??????????? (C) Has paid the required fee of $2.50 per year: Provided, That ~~the fee is not~~ no fees or charges, including renewal fees, are required if the applicant:

??????????? (i) Is sixty-five years or older; or

??????????? (ii) Is legally blind; ~~and~~ or

??????????? (iii) Will be at least eighteen years of age at the next general, municipal or special election and intends to use this identification card as a form of identification for voting; and

??????????? (D) Presents a birth certificate or other proof of age and identity acceptable to the division with a completed application on a form furnished by the division.

??????????? (2) The identification card shall contain the same information as a driver's license except that the identification card shall be clearly marked as an identification card.? The division may issue an identification card with less information to persons under the age of sixteen.? An identification card may be renewed annually on application and payment of the fee required by this section.

??????????? (A) Every identification card issued to a person who has attained his or her twenty-first birthday expires on the licensee?s birthday in those years in which the licensee?s age is evenly divisible by five.? Except as provided in paragraph (B) of this subdivision, no identification card may be issued for less than three years or for more than seven years and expires on the licensee?s birthday in those years in which the licensee?s age is evenly divisible by five.

??????????? (B) Every identification card issued to a person who has not attained his or her twenty-first birthday expires thirty days after the licensee?s twenty-first birthday.

??????????? (C) Every identification card issued to persons under the age of sixteen shall be issued for a period of two years and ~~shall~~ expire on the last day of the month in which the applicant's birthday occurs.

??????????? (3) The division may issue an identification card to an applicant whose privilege to operate a motor vehicle has been refused, canceled, suspended or revoked under the provisions of this code.

??????????? (g) For any person over the age of fifty years who wishes to obtain a driver?s license or identification card under the provisions of this section:

(1) A raised seal or stamp on the birth certificate or certified copy of the birth certificate is not required if the issuing jurisdiction does not require one; and

(2) If documents are lacking to prove all changes of name in the history of any such applicant, applicants renewing a driver?s license or identification card under the provisions of this section may complete a Name Variance Approval Document as instituted by the division, so long as they can provide:

(A) Proof of identity;

(B) Proof of residency; and

(3) The division may waive any documents necessary to prove a match between names, so long as the division determines the person is not attempting to:

(A) Change his or her identity;

(B) Assume another person?s identity; or

(h) A person over the age of seventy years, or who is on Social Security disability, who wishes to obtain or renew a driver?s license or identification card under the provisions of this section, may not be required to furnish a copy of a birth certificate if they can provide:

(1) Proof of identity;

(2) Proof of residency;

(3) A valid Social Security number; and

(4) One of the following identifying items:

(A) A form of military identification, including a DD214 or equivalent;

(B) An US passport, whether valid or expired;

(D) A religious document, that in the judgment of the Division is sufficient and authentic to reflect that the person was born in the United States; or

(E) An expired driver?s license, employment identification card, or other reliable identification card with a recognizable photograph of the person.

~~(g)~~ (i) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $500 and, upon a second or subsequent conviction, shall be fined not more than $500 or confined in jail not more than six months, or both fined and confined.?

And,

By amending the title of the bill to read as follows:

Com. Sub. for H. B. 4013- ?A Bill to amend and reenact ?3-1-34 and ?3-1-41 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated ?3-1-51; to amend and reenact ?3-2-11 and ?3-2-12 of said code; and to amend and reenact ?17B-2-1 of said code, all relating to voting procedures; requiring a person desiring to vote on or after January 1, 2018, to present valid document identifying the voter to one of the poll clerks; requiring poll clerk to inspect valid identifying document and confirm information with individual?s voter registration record; requiring poll clerk to confirm that displayed image is truly an image of the person presenting the document; setting forth requirements for valid identifying document; identifying documents considered to be valid identifying document; permitting registered voter to be accompanied to polling place by adult known to registered voter for at least six months; permitting voter to vote if accompanying adult signs affidavit and presents valid identifying document; authorizing poll worker to allow voter known to the poll worker for at least six months to vote without presenting valid identifying document; permitting person desiring to vote to cast provisional ballot after executing affidavit; setting conditions for counting of provisional ballot; setting content of affidavit to be used for casting provisional ballot; permitting voter who votes in person at precinct polling place located in building which is part of state licensed care facility where voter is resident without presenting valid identifying document; permitting voter to cast ballot if voter objects to photograph requirement because of religious beliefs if he or she executes an affidavit of religious exemption; providing text of affidavit for religious exemption; requiring person entering voter information into centralized voter registration database to notate when a voter has not presented valid identifying documentation and executed a voter identity affidavit; making confidential voter?s residential or mailing address if voter is participant in Address Confidentiality Program except for certain statutory and administrative purposes; directing Secretary of State to educate voters about requirement to present valid identifying document; requiring Secretary of State to develop a program to help ensure that all eligible voters obtain identification; directing members of receiving board to challenge the right of person requesting ballot to vote in election if person fails to present valid identifying documentation; modifying provisional ballot procedures; requiring clerk of county commission to send letter to voters who execute voter identity affidavit; setting deadline for letters to be mailed; specifying contents of letter; directing clerk of county commission to cause letters returned as undeliverable to be referred to Secretary of State; directing clerk of county commission to forward to Secretary of State a list of persons who were mailed letters and notified clerk that they did not vote; requiring Secretary of State to investigate to determine whether fraudulent voting occurred; requiring Secretary of State to submit report to Joint Committee on the Judiciary and Joint Committee on Government and Finance detailing results of all investigations of voter identity affidavits; requiring Division of Motor Vehicles to collect certain information from individuals who are being issued, are renewing, or changing address for a driver?s license or official identification card; requiring Division of Motor Vehicles to release all information obtained to Secretary of State unless applicant affirmatively declines to become registered to vote or update voter registration; requiring Secretary of State to forward information to county clerk for relevant county to process newly registered voter or updated information for already-registered voter; requiring Division of Motor Vehicles to release certain information to Secretary of State if applicant affirmatively declines to become registered to vote; requiring Division of Motor Vehicles to notify applicant that signature submission grants written consent for submission of that information; clarifying that qualified voter who is automatically registered to vote need not present identification in order to make registration valid; directing Secretary of State to establish procedures to protect confidentiality of information obtained from Division of Motor Vehicles; permitting person registered to vote to cancel voter registration at any time; clarifying that Division of Motor Vehicles not required to determine eligibility for voter registration and voting; making changes regarding automatic voter registration effective July 1, 2017; requiring Division of Motor Vehicles report to Joint Committee on Government and Finance if unable to meet requirements by February 1, 2017; authorizing Secretary of State promulgate legislative rules; permitting certain uses of moneys in Combined Voter Registration and Driver Licensing Fund; requiring balance in Fund in excess of $100,000 be transferred to General Revenue annually; prohibiting Division of Motor Vehicles from charging fees for issuance of identification card if applicant intends to use identification card as form of identification for voting; providing certain provisions for issuance of driver?s license or identification card to persons over the age of fifty years; and providing certain provisions for issuance of driver?s license or identification card to persons over the age of seventy years.?

On motion of Delegate Cowles, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.

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

A message from the Senate, by

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

Com. Sub. for H. B. 4174, Exempting activity at indoor shooting ranges from the prohibition of shooting or discharging a firearm within five hundred feet of any church or dwelling house.

On motion of Delegate Cowles, the bill was taken up for immediate consideration and the following Senate amendments were reported by the Clerk:

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

?CHAPTER 20. NATURAL RESOURCES.

ARTICLE 2. WILDLIFE RESOURCES.

?20-2-58. Shooting across road or near building or crowd; penalty.

(a) In addition to any other prohibitions which may exist by law, it shall be unlawful for any person to shoot or discharge any firearms:

(1) Across or in any public road in this state, at any time;

(2) Within five hundred feet of any school or church; or

(3) Within five hundred feet of any dwelling house: Provided, That a person who is a resident of a dwelling house, and his or her authorized guest, may shoot or discharge a firearm in a lawful manner within five hundred feet of the dwelling house where the person lives, if the firearm is being discharged with the express or implied knowledge and consent of all residents of that dwelling house, and no other dwelling houses are located within five hundred feet of where the firearm is discharged; or

(4) On In ~~or near~~ any state, county or municipal park in areas of which the discharge of firearms is prohibited ~~or other place where persons gather for purposes of pleasure~~.

(b) Any person violating this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $500 or confined in jail for not more than one hundred days, or both fined and confined.

~~(b)~~ (c) Notwithstanding the provisions of subsection (a) of this section, any person operating a gun repair shop, licensed to do business in the State of West Virginia and duly licensed under applicable federal statutes, may be exempted from the prohibition established by this section and section twelve, article seven, chapter sixty-one of this code for the purpose of test firing a firearm. The director of the Division of Natural Resources shall prescribe such rules as may be necessary to carry out the purposes of the exemption under this section and section twelve, article seven, chapter sixty-one and shall ensure that any person residing in any dwelling home within five hundred feet of such gun repair shop be given an opportunity to protest the granting of such exemption.

CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

ARTICLE 6. CRIMES AGAINST THE PEACE.

?61-6-23. Shooting range; limitations on nuisance actions.

(a) As used in this section:

(1) ?Person? means an individual, proprietorship, partnership, corporation, club or other legal entity;

(2) ?Shooting range? or ?range? means an area, whether indoor or outdoor, designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or any other similar shooting.

(b) Except as provided in this section, a person may not maintain a nuisance action for noise against a shooting range located in the vicinity of that person=s property if the range was established as of the date of the person acquiring the property. If there is a substantial change in use of the range or there is a period of shooting inactivity at a range exceeding one year after the person acquires the property, the person may maintain a nuisance action if the action is brought within two years from the beginning of the substantial change in use of the range, or the resumption of shooting activity.

(c) A person who owned property in the vicinity of a shooting range that was established after the person acquired the property may maintain a nuisance action for noise against that range only if the action is brought within ~~four~~ two years after establishment of the range or two years after a substantial change in use of the range or from the time shooting activity is resumed.

(d) ~~If there has been no shooting activity at a range for a period of two years, resumption of shooting is considered establishment of a new range for the purposes of this section.~~ Actions authorized by the provisions of this section are not applicable to indoor shooting ranges the owner or operator of which holds all necessary and required licenses and the shooting range is in compliance with all applicable state, county and municipal laws, rules or ordinances regulating the design and operation of such facilities.?

And,

By amending the title of the bill to read as follows:

Com. Sub. for H. B. 4174 - ?A Bill to amend and reenact ?20-2-58 of the Code of West Virginia, 1931, as amended; and to amend and reenact ?61-6-23 of said code, all relating to shooting ranges generally; exempting activity at indoor shooting ranges from the prohibition of shooting or discharging a firearm within five hundred feet of any church or dwelling house; amending the definition of ?shooting range? to include an indoor range; exempting activity at indoor shooting ranges from criminal penalties for violations for shooting or discharging a firearm within five hundred feet of any church or dwelling house; modifying and clarifying the limitations on nuisance actions against shooting ranges; and exempting indoor shooting ranges which have necessary licenses and are compliant with applicable laws, rules or ordinance from nuisance law.?

On motion of Delegate Cowles, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.

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

A message from the Senate, by

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

Com. Sub. for H. B. 4014, Preventing the State Board of Education from implementing common core academic standards and assessments.

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

On pages five through eleven, section five, lines eighty-four through two hundred thirty, by striking out all of subsections (d) and (e) and inserting in lieu thereof the following:

?(d) West Virginia Academic Standards. ?

(1) Legislative authority ? Sections one, two and twelve, article XII of the Constitution of the State of West Virginia impose a duty upon the Legislature, as a separate but equal branch of government:

(A) To ?provide, by general law, for a thorough and efficient system of free schools?;

(B) To prescribe by law the duties of the state board in the general supervision of free public schools;

(D) To foster and encourage moral, intellectual, scientific and agricultural improvement in schools.

?(2) For purposes of this subsection, ?academic standards? are concise, written descriptions of what students are expected to know and be able to do at a specific stage of their education.? Academic standards describe what students should have learned by the end of a course, grade level or grade span.

(3) The Legislature recognizes that on December 15, 2015, the state board adopted what it represented were academic standards no longer aligned with Common Core State Standards and renamed them ?West Virginia College?and?Career?Readiness Standards for English Language Arts (Policy 2520.1A)? and ?West Virginia College?and?Career?Readiness Standards for Mathematics (Policy 2520.1B)?.

(4) The Legislature hereby establishes an Academic Standards Evaluation Panel.? The panel shall consist of six appointed members and one ex officio member.? The deans responsible for the math programs, the deans responsible for the English programs and the deans responsible for the science programs at West Virginia University and Marshall University shall each appoint one member:? Provided, That any dean that is responsible for more than one of the three programs shall appoint one member for each program he or she is responsible for.? The Chancellor of the Higher Education Policy Commission, or his or her designee, shall serve as an ex officio member and be responsible for facilitating the work of the panel.? The Academic Standards Evaluation Panel shall:

(A) Using the West Virginia College?and?Career?Readiness Standards for English

Language Arts and Mathematics as a framework, evaluate and recommend revisions to the standards based on empirical research and data to ensure grade-level alignment to the standards of states with a proven track record of consistent high-performing student achievement in English Language Arts on the National Assessment of Educational Progress; and in Mathematics, on both the National Assessment of Educational Progress and Trends in Math and Science Study International Assessment;

??????????? (B) Review the Next Generation Content Standards and Objectives for Science in West Virginia Schools and recommend revisions that it considers appropriate;

(D) Use facilities, staff and supplies provided by the Higher Education Policy Commission;

(E) Submit its evaluation and recommended revisions to the state board and the Legislative Oversight Commission on Education Accountability by October 1, 2016.

(5) The state board shall withdraw from the Memorandum of Agreement entered into with the Council of Chief State School Officers and the National Governors Association for Best Practices, which required the state board to agree that common core represents eighty-five percent of West Virginia?s standards in English Language Arts and Mathematics and withdraw as a governing state in the Smarter Balanced Assessment Consortium.

?(6) Any academic standard adopted by the state board shall meet the following criteria:

(A) Be age level and developmentally appropriate, particularly as it relates to sequencing of content standards and the measurement of student academic performance;

(B) Be free of instructional strategies;

(D) Be based solely on academic content.

(7) The Legislative Oversight Commission on Education and Accountability shall review any proposed rules relating to academic standards to determine whether the board has exceeded the scope of its statutory authority in approving the proposed legislative rule and whether the proposed legislative rule is in conformity with the legislative intent of the provisions of this subsection.? The Legislative Oversight Commission on Education and Accountability may, at its discretion, hold public hearings, recommend to the board any changes needed to comply with the legislative intent of this subsection and make recommendations to the Legislature for any statutory changes needed to clarify the legislative intent of this statute.

~~(d)~~(e) Comprehensive statewide student assessment program. ? ~~The state board shall~~ ~~establish a comprehensive statewide student assessment program to assess student performance and progress in grades three through through twelve. The assessment program is subject to the following:~~

(1) The state board shall promulgate a rule in accordance with the provisions of article three‑b, chapter twenty‑nine‑a of this code establishing the comprehensive statewide student assessment program;

(2) Prior to the 2014‑2015 school year, the state board shall align the comprehensive statewide student assessment for all grade levels in which the test is given with the college‑readiness standards adopted pursuant to section thirty‑nine, article two of this chapter or develop other aligned tests to be required at each grade level so that progress toward college readiness in English/language arts and math can be measured.

(3) The state board may require that student proficiencies be measured through the ACT EXPLORE and the ACT PLAN assessments or other comparable assessments, which are approved by the state board and provided by future vendors;

(1) For federal and state accountability purposes, the state board shall review and approve a summative assessment system for administration to all public school students, beginning in school year 2016-2017, in grades three through eight and once in early high school that assesses students in English, reading, writing, science and mathematics:? Provided, That the assessment in science may only be administered once during the grade span of three through five and once during the grade span of six through eight. The assessment shall include those students as required by the federal Individuals with Disabilities Education Act and by Title I of the Elementary and Secondary Education Act. The summative assessment system must meet the following requirements:

(A) Be a vertically-scaled, benchmarked, standards-based system of summative assessments;

(B) Document student progress toward national college and career readiness benchmarks derived from empirical research and state standards;

(C) Be capable of measuring individual student performance in English, reading, writing, science and mathematics:? Provided, That the assessment in science may only be administered once during the grade span of three though five and once during the grade span of six through eight;

(D) Be available in paper-and-pencil and computer-based formats;

(E) Be a predictive measure of student progress toward a national college readiness assessment used by higher education institutions for admissions purposes; and

(F) Be aligned or augmented to align with the standards in effect at the time the test is administered.

(2)? The state board shall review and approve a college readiness assessment to be administered to all students in the eleventh grade for the first time in school year 2016-2017 and subsequent years.? The eleventh grade college readiness assessment shall be administered at least once to each eleventh grade student and shall meet the following requirements:

(A) Be a standardized, curriculum-based, achievement college entrance examination;

(B) Assess student readiness for first-year, credit-bearing coursework in postsecondary education;

(D) Have content area benchmarks for measuring student achievement;

(E) Be administered throughout the United States;

(F) Be relied upon by institutions of higher education for admissions; and

(G) Be aligned or augmented to align with the standards in effect at the time the test is administered.

(3) The state board shall review and approve career readiness assessments and assessment-based credentials that measure and document foundational workplace skills. The assessments shall be administered to public secondary school students in grades eleven or twelve for the first time in school year 2016-2017 and subsequent years:? Provided, That the career readiness assessment is voluntary and may only be administered to students who elect to take the assessment. The assessment-based credential shall be available to any student who achieves at the required level on the assessments. The assessments shall meet the following requirements:

(A) Be a standardized, criterion-referenced, measure of broadly relevant foundational workplace skills;

(B) Assess and document student readiness for a wide range of jobs;

(i) Applied mathematics;

(ii) Locating information; or

(iii) Reading for information;

(D) Align with research-based skill requirement profiles for specific industries and occupations;

(E) Lead to a work readiness certificate for students who meet the minimum proficiency requirements on the component assessments; and

(F) Be available in paper-and-pencil and computer-based formats.

(4) The state board shall not acquire or implement any assessment instrument or instruments developed to specifically align with the Common Core State Standards including Smarter Balanced Assessment or Partnership for Assessment of Readiness for College and Careers (PARCC).

(5)? For any online assessment, the state board shall provide online assessment preparation to ensure that students have the requisite digital literacy skills necessary to be successful on the assessment.

(6) The state board shall develop a plan and make recommendations regarding end-of- course assessments and student accountability measures and submit its findings to the Legislative Oversight Commission on Education and Accountability by December 31, 2016.

(7)? The state board shall develop a policy which sets forth accountability measures for students taking the comprehensive statewide assessment.

(8) Any summative assessment approved by the state board shall take no more than two percent of a student?s instructional time.

~~(4)~~ (9) The state board may require that student proficiencies be measured through the West Virginia writing assessment at any grade levels determined by the state board to be appropriate.

~~(6)~~ (10) The state board may provide through ~~the statewide assessment program~~ policy other optional testing or assessment instruments applicable to grade levels kindergarten through eight and grade eleven which may be used by each school to promote student achievement. The state board annually shall publish and make available, electronically or otherwise, to school curriculum teams and teacher collaborative processes the optional testing and assessment instruments.?

On page eighteen, section five, line four hundred eighteen, after the word ?appeals? and the period, by striking out the remainder of the subdivision.

And,

By amending the title of the bill to read as follows:

Com. Sub. for H. B. 4014 - ?A Bill to amend and reenact ?18‑2E‑5 of the Code of West Virginia, 1931, as amended, all relating generally to process for improving education; removing reference to No Child Left Behind Act; adding digital literacy to list of areas that State Board of Education is required to adopt high-quality education standards in; making findings with respect to Legislature?s constitutional authority; defining ?academic standards?; recognizing state board?s adoption and renaming of certain standards; establishing Academic Standards Evaluation Panel; establishing membership of panel; establishing duties of panel; requiring withdrawal from Memorandum of Agreement relating to adoption of Common Core State Standards; requiring withdrawal as governing state in Smarter Balanced Assessment Consortium; establishing criteria for any academic standards adopted by state board; requiring Legislative Oversight Commission on Education and Accountability to review any proposed rules relating to academic standards; removing requirement for state board rule establishing comprehensive statewide student assessment program; removing requirement that assessment be aligned with certain standards and associated alterative; removing state board authority to require ACT EXPLORE and ACT PLAN or other comparable assessments; requiring state board to review and approve summative assessment for certain grade levels to assess in certain subject areas; requiring summative assessment include students as required by certain federal laws; requiring that summative assessment meet certain requirements; requiring state board to review and approve college readiness assessment for students in eleventh grade; requiring college readiness assessment to be administered at least once to each eleventh-grade student; requiring college readiness assessment meet certain requirements; requiring state board to review and approve career readiness assessments and assessment based credentials; providing that career readiness assessment is voluntary for students; requiring that assessment-based credential be available to any student that achieves at required level on the required assessments; requiring career readiness assessments meet certain requirements; prohibiting implementation of any assessment developed specifically to align with Common Core State Standards; requiring online assessment preparation for any online assessment; requiring state board to develop plan and make recommendations regarding end-of-course assessments and student accountability measures; establishing reporting requirements; requiring the state board to develop policy that sets forth accountability measures for students taking comprehensive statewide assessment; establishing maximum percentage of instructional time for summative assessment; and removing required report to Legislative Oversight Commission on Education Accountability pertaining to on-site review finding appeals.?

On motion of Delegate Cowles the amendment was amended on page four, section five, line seventy-nine, after the word ?eight?, by striking out the words ?and once in early high school?.

On page six, section five, line one hundred thirty-three, after the word ?instruments?, by inserting the words ?or test items?.

And,

One page seven, section five, line one hundred forty-two, by striking out all of subdivision seven and renumbering the remaining subdivisions.

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. 556), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: Arvon.

??????????? 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. 4014) passed.

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

Com. Sub. for H. B. 4014 - ?A Bill to amend and reenact ?18‑2E‑5 of the Code of West Virginia, 1931, as amended, all relating generally to process for improving education; removing reference to No Child Left Behind Act; adding digital literacy to list of areas that State Board of Education is required to adopt high-quality education standards in; making findings with respect to Legislature?s constitutional authority; defining ?academic standards?; recognizing state board?s adoption and renaming of certain standards; establishing Academic Standards Evaluation Panel; establishing membership of panel; establishing duties of panel; requiring withdrawal from Memorandum of Agreement relating to adoption of Common Core State Standards; requiring withdrawal as governing state in Smarter Balanced Assessment Consortium; establishing criteria for any academic standards adopted by state board; requiring Legislative Oversight Commission on Education and Accountability to review any proposed rules relating to academic standards; removing requirement for state board rule establishing comprehensive statewide student assessment program; removing requirement that assessment be aligned with certain standards and associated alterative; removing state board authority to require ACT EXPLORE and ACT PLAN or other comparable assessments; requiring state board to review and approve summative assessment for certain grade levels to assess in certain subject areas; requiring summative assessment include students as required by certain federal laws; requiring that summative assessment meet certain requirements; requiring state board to review and approve college readiness assessment for students in eleventh grade; requiring college readiness assessment to be administered at least once to each eleventh-grade student; requiring college readiness assessment meet certain requirements; requiring state board to review and approve career readiness assessments and assessment based credentials; providing that career readiness assessment is voluntary for students; requiring that assessment-based credential be available to any student that achieves at required level on the required assessments; requiring career readiness assessments meet certain requirements; prohibiting implementation of any assessment or test items developed specifically to align with Common Core State Standards; requiring online assessment preparation for any online assessment; requiring state board to develop plan and make recommendations regarding end-of-course assessments and student accountability measures; establishing reporting requirements; establishing maximum percentage of instructional time for summative assessment; and removing required report to Legislative Oversight Commission on Education Accountability pertaining to on-site review finding appeals.?

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

Resolutions Introduced

??????????? Delegate Canterbury offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 119 - ?Requesting the Joint Committee on Government and Finance to study a mechanism to allow nonresidents of a municipality who are users of that municipality?s fire service to opt out of fire protection coverage by the municipality.?

Whereas, The Joint Committee on Government and Finance is hereby requested to conduct a study on how to allow nonresidents of a municipality who own property within rural fire protection districts to opt out of fire protection coverage by a municipality while remaining financially responsible for services actually rendered to such property; and

Whereas, In conducting this study, the Joint Committee on Government and Finance is requested to review the following measures: capping the amount of fire protection fees which may be imposed; providing for a referendum on the issue of fire service; and the appropriate petition requirements for triggering a referendum; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study a mechanism to allow persons with property within rural fire protection districts to opt out of fire protection coverage by a municipality for a specified property while remaining financially responsible for services actually rendered to such property; and, be it

Further Resolved, That The Joint Committee on Government and Finance report to the regular session of the Legislature, 2017, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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

??????????? Delegate Canterbury offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 120 - ?Requesting the Joint Committee on Government and Finance to study potential improvements to pensions for retired teachers and public employees who have been retired for ten or more years, including potential one-time improvements, potential ongoing improvements, and potential improvements for specific classes of retirees categorized by length of retirement in five year increments.?

Whereas, Current pension programs for retired teachers and public employees, TRS (Teacher's Retirement System) and PERS (Public Employment Retirement System), do not allow for cost-of-living adjustments to pension distributions over time that account for rising inflation and cost-of-living, causing retired teachers and public employees substantial hardship in meeting basic living expenses; and

Whereas, With an average national inflation rate of 3.22% per year over the past twenty years, the pensions distributed to retired teachers and public employees who have been retired for twenty years or longer have lost more than half of their value during that time; and

Whereas, A large percentage of retired teachers and public employees receive less than $1,000 per month in pension income, placing many individuals that rely on pensions as a sole source of income near or below the federal poverty line; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Joint Committee on Government and Finance study potential improvements to pensions for retired teachers and public employees who have been retired for ten or more years, including potential one-time improvements, potential ongoing improvements, and potential improvements for specific classes of retirees categorized by length of retirement in five year increments (individuals retired for 10-15 years, individuals retired 15-20 years, individuals retired 20-25 years, and so forth); and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2017, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

??????????? Delegate Phillips offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 121 - ?Requesting the Joint Committee on Government and Finance to study creating a mechanism for more frequent assessment procedures for County Commissions to reevaluate and appraise properties in areas that have been affected by a severe economic downturn.?

Whereas, Some regions of the State of West Virginia have been affected by economic downturn, and particularly on our coal mining regions, causing many residents to leave the state in search of jobs; and

Whereas, This exodus has resulted in rapidly falling property values in many abandoned properties in areas that have not been reflected in tax assessments of these properties; and

Whereas, County Commissions currently have no authority to reevaluate and reappraise properties in areas that have been affected by severe economic downturn outside of regularly scheduled reviews; and

Whereas, A lower property tax rate could encourage people to purchase property in this area, boosting the population and spurring future economic development; and

Whereas, Establishing a mechanism to allow more frequent property tax assessment in declining regions of the state would allow greater fairness and more accurate assessments of these properties, and provide tax relief to citizens who remain in their areas; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study creating a mechanism for more frequent assessment procedures for County Commissions to reevaluate and reappraise properties in areas that have been affected by severe economic downturn; and, be it

Further Resolved, That The Joint Committee on Government and Finance report to the Regular Session of the Legislature 2017, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

??????????? Mr. Speaker, Mr. Armstead offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 122 - ?Expressing the Legislature?s support for continued research by the medical community to find a cure for Multiple System Atrophy.?

Whereas, Multiple System Atrophy is an adult-onset, rapidly progressive, neurodegenerative disorder that affects both the autonomic nervous system and movement; and

Whereas, Multiple System Atrophy is a rare disease with symptoms appearing in a person?s fifties and affecting men twice as frequently as women; and

Whereas, Multiple System Atrophy advances rapidly over the course of five to ten years, with progressive loss of motor function and eventual confinement to bed and death; and

Whereas, While there are currently some treatments that help individuals cope with the symptoms of Multiple System Atrophy, there are no treatments to delay the progressive neurodegeneration and there is no cure; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature expresses support for continued research by the medical community to find a cure for Multiple System Atrophy.

??????????? Delegates A. Evans, Hamilton and Eldridge offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 123 - ?Requesting the Joint Committee on Government and Finance study the impact of providing for the issuance of a home-based micro-processing permit for use by farmers market vendors.?

Whereas, The U. S. Food and Drug Administration has promulgated Recommendations of the United States Public Health Service which are also known as the ?Federal Food Code,? and the 2005 edition of the Federal Food Code has been adopted by West Virginia in a legislative rule of the Department of Health and Human Resources, Title 64, Series 17, ?Food Establishments?; and

Whereas, The Federal Food Code requires that a ?food establishment? at which food is prepared and then sold be subject to commercial kitchen requirements; and

Whereas, West Virginia?s legislative rule contains several exceptions to the definition of the term ?food establishment? and specifically excludes from that term ?a kitchen in a private home if only food that is not potentially hazardous is prepared for sale?; and

Whereas, the 2009 Federal Food Code?s list of potentially hazardous foods includes the following: Meat, poultry and eggs; fish and shellfish; cooked vegetables; dairy products; mushrooms; cut melons; unmodified cut tomatoes or mixtures of cut tomatoes; untreated garlic-in-oil mixtures; baked goods subject to spoilage; reduced sugar jams and jellies; pickles and salsa; and raw seed sprouts; and

Whereas, legislation has been proposed to provide for the issuance of a home-based micro-processing permit to allow the holder of such permit to prepare micro-processed foods in a kitchen in a private home or community kitchen for sale at a farmers market; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the potential economic benefits as well as the public health and food safety ramifications of amending article thirty-five, chapter nineteen of the Code of West Virginia to include a new section providing for the issuance of a home-based micro-processing permit and providing that a kitchen in a private home or community kitchen where home-based micro-processed foods are prepared for sale by a vendor at a farmers market is permitted if the vendor has a micro-processing permit; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2017, 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 reports and draft necessary legislation, be paid from legislative appropriations to the Joint Committee on Government and Finance.

??????????? Delegates A. Evans, Hamilton and Eldridge offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 124 - ?Requesting the Joint Committee on Agriculture and Rural Development study the impact of amending section five, article twelve-e, chapter nineteen of the Code of West Virginia to expand the list of persons the Commissioner of Agriculture may license to grow or cultivate industrial hemp.?

Whereas, Section five, article twelve-e, chapter nineteen of the Code of West Virginia permits a person to apply to the Commissioner of Agriculture for the issuance of a license to grow industrial hemp for commercial purposes; and

Whereas, Subsection (e), section five, article twelve-e, chapter nineteen of the Code of West Virginia provides that only the Department of Agriculture and state institutions of higher learning, licensed and authorized by the commissioner to do so, may lawfully grow or cultivate industrial hemp in this state; and

Whereas, Legislation has been proposed to expand the list of persons the Commissioner of Agriculture may license to grow or cultivate industrial hemp in this state; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Joint Committee on Agriculture and Rural Development to study the impact, including, but not limited to, potential economic benefits and regulatory issues, of amending subsection (e), section five, article twelve-e, chapter nineteen of the Code of West Virginia to provide that, in addition to the Department of Agriculture and state institutions of higher learning, the Commissioner of Agriculture may license other persons qualified under article twelve-e, chapter nineteen of the Code of West Virginia to lawfully grow or cultivate industrial hemp in this state; and, be it

Further Resolved, That the Joint Committee on Agriculture and Rural Development report to the regular session of the Legislature, 2017, 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 these studies, to prepare reports and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Agriculture and Rural Development.

??????????? Delegates Perdue, Ambler, Bates, Byrd, Ellington, D. Evans, Flanigan, Fleischauer, Hicks, Manchin, Marcum, Morgan, Moye, Pushkin, Rodighiero, Skinner, R. Smith and P. White offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 125 - ?Requesting the Congressional Representatives of the State of West Virginia ask the federal government of the United States of America to reinstitute the Compassionate Investigational New Drug Program.?

Whereas, The Compassionate Investigational New Drug Program ceased to accept new patients beginning in 1992, leaving thousands without access to medication that could potentially cure their affliction; and

Whereas, The Compassionate Investigational New Drug Program allowed patients suffering from terminal illnesses or illnesses with no known cure the opportunity to try unapproved drugs and medications, including medical marihuana; and

Whereas, Medical marihuana has been proven to aid patients with terminal illnesses in recovering from other forms of treatment, such as chemotherapy; and

Whereas, More and more anecdotal reports from people that may have qualified for the Compassionate Investigational New Drug Program are showing that medical marihuana has helped them recover from severe illnesses and helped those with terminal illnesses with comfort and general well-being; and

Whereas, Studies produced by the National Organization for the Reform of Marijuana Laws show that medicinal cannabis could help people suffering from many other illnesses, including Alzheimer?s, Post Traumatic Stress Disorder, Multiple Sclerosis and Parkinson?s; and

Whereas, The reinstitution of the Compassionate Investigational New Drug Program would allow current and future patients suffering from painful, incurable or terminal illnesses an alternative to traditional medicine, which has shown to be addictive; therefore, be it

Resolved by the Legislative of West Virginia:

That the Legislature of the State of West Virginia hereby requests the Congressional Delegation from West Virginia request the federal government to reinstitute the Compassionate Investigational New Drug Program to aid suffering citizens in their fight against their terrible illnesses; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the United States Senators Joe Manchin, III and Shelley Moore Capito and to Congressional Representatives David McKinley, Alex Mooney and Evan Jenkins.

??????????? Delegates Summers, Fleischauer, Campbell, Ellington, Lane, Kurcaba, Cooper, Householder, Moore, Hornbuckle and Longstreth offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 126 - ?Requesting the Joint Committee on Government and Finance to study the health care workforce in the State of West Virginia.?

Whereas, The delivery of health care is in a state of flux, with the addition of nearly 200,000? West Virginians attaining health care coverage; and

Whereas, Many areas of the state are underserved in terms of the number of various health care providers who are unavailable; and

Whereas, West Virginia residents score very poorly when it comes to many health conditions; and

Whereas, There is a need to evaluate the effectiveness, accessibility, and quality of our state?s health care workforce, both currently and in terms of the need for various professionals in the future; and

Whereas, A paraprofessional is an individual who works directly with patients, serving an important role as a provider of care and a collaborator with physicians and nurses; and

Whereas, Paraprofessionals perform tasks such as minor first aid and taking blood pressure and temperature. They also frequently work in physical and occupational therapy environments, helping patients navigate exercises and other activities; and

Whereas, The use of paraprofessionals, including community health workers, is increasing in the state and is expected to reach all counties as ?Last to First? expands across the state; and

Whereas, Several pilot projects using paraprofessionals are evaluating their effectiveness, but there is not consensus on where or what type of state regulation might be needed; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the health care workforce needs in the future for the State of West Virginia; and, be it

Petitions

??????????? Delegates Caputo, Longstreth and Manchin presented a petition from citizens of Marion County in opposition to Com. Sub. for H. B. 4352, Relating to the selling of certain state owned health care facilities by the Secretary of the Department of Health and Human Resources; which was referred to the Committee on Health and Human Resources.

Motions

??????????? At the request of Delegate Cowles, and by unanimous consent, permission was granted the Joint Committee on Enrolled Bills, after it had examined, found truly enrolled and presented to His Excellency, the Governor, for his action, bills passed but not presented to him prior to adjournment of this session of the Legislature, to file its report with the Clerk and that such reports be included in the final Journal of this session;? that communications from His Excellency, the Governor, as to his action on bills after adjournment of the session, also be included in the Journal.

Delegate Cowles further obtained unanimous consent that Messages and reports received by the Clerk after the 60^th Day, which did not require action by the House, be considered received by the House and filed with the Clerk and recorded in the Journal.

Special Calendar

Third Reading

??????????? Com. Sub. for S. B. 272, Allowing investigators from Attorney General's office to carry concealed weapons; on third reading, coming up in regular order, was reported by the Clerk.

??????????? On motion of Delegate Cowles,? the House reconsidered the actions taken on the adoption of the Judiciary Committee amendment as amended.

On motion of Delegate Cowles, the House then reconsidered the amendment offered by Delegate Marcum.

??????????? Delegate Marcum then asked and obtained unanimous consent to withdraw his amendment to the Committee amendment.

??????????? Delegate Cowles asked and obtained unanimous consent to amend the bill on third reading, and the rule was suspended to permit the offering and consideration of such.

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

?That the Code of West Virginia, 1931, as amended, be amended by adding thereto two new sections, designated ?5-3-6 and ?60-3-24a, to read as follows:

CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.

ARTICLE 3. ATTORNEY GENERAL.

?5-3-6. Attorney General?s investigators authority to carry concealed weapon.

Notwithstanding any provision of this code to the contrary, the Attorney General may designate investigators in his or her employ to carry a firearm in the course of performing their official duties: Provided, That as a precondition of being authorized to carry a concealed weapon in the course of their official duties, any such designated investigator must have first successfully completed a firearms training and certification program and maintain certification in a manner which is equivalent to that which is required of members of the State Police. The designated investigator must also obtain and maintain a license to carry a concealed deadly weapon issued pursuant to article seven, chapter sixty-one of this code.

CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.

ARTICLE 3. SALES BY COMMISSIONER.

?60-3-24a. Authority of employees of the Commission to carry concealed weapon.

Notwithstanding any provision of this code to the contrary, the Commissioner may designate certain employees of the Enforcement Division in his or her employ to carry a firearm in the course of performing their official duties: Provided, That as a precondition of being authorized to carry a concealed weapon in the course of their official duties, any such designated employee must have first successfully completed a firearms training and certification program and maintain certification in a manner which is equivalent to that which is required of members of the State Police. The designated employee must also obtain and maintain a license to carry a concealed deadly weapon issued pursuant to article seven, chapter sixty-one of this code.?

??????????? The bill was then read a third time.

??????????? The question being on the passage of the bill, the yeas and nays were taken (Roll No. 557), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Moore.

Absent and Not Voting: Arvon.

??????????? So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 272) passed.

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

Com. Sub. for S. B. 278, Clarifying physicians? mutual insurance company is not state or quasi-state actor; 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. 558), and there were--yeas 89, nays 10, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Caputo, Fleischauer, Longstreth, Manchin, Marcum, Miley, Moore, Skinner, Sponaugle and P. White.

Absent and Not Voting: Arvon.

??????????? So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 278) passed.

??????????? Delegate Cowles moved that the bill take effect from its passage.

??????????? On this question, the yeas and nays were taken (Roll No. 559), and there were--yeas 90, nays 9, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Caputo, Fleischauer, Longstreth, Manchin, Miley, Moore, Reynolds, Skinner and Sponaugle.

Absent and Not Voting: Arvon.

??????????? So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 278) takes effect from its passage.

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

Com. Sub. for S. B. 404, Removing prohibition on billing persons for testing for HIV and sexually transmitted diseases; 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. 560), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: Arvon.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 404) passed.

An amendment to the title of the bill, recommended by the Committee on Finance was reported by the Clerk and adopted, amending the title to read as follows:

Com. Sub. for S. B. 404 - ?A Bill to amend and reenact ?16-3C-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact ?16-4-19 of said code, all relating to testing for HIV and sexually transmitted diseases; authorizing billing of persons for HIV and sexually transmitted disease testing or sexually transmitted disease treatment done by state or local public health agencies; informing persons who wish to opt-out of HIV-related testing that anonymous testing is available; providing that costs associated with testing may be borne by the state when the person charged with certain sex crimes is financially unable to pay; authorizing billing of a person charged with certain sex crimes health insurance provider; providing for mandatory disease testing when a person renders or receives certain services and comes in contact with inflected bodily fluids; providing that the costs for mandated testing and counseling are to be paid by the individual receiving the tests or counseling; providing that a person who is tested for sexually transmitted diseases at a local health department are responsible for the costs of such testing; providing for fee schedules by which local health departments may charge for such testing; removing limitation on amount that can be charged for medication used to treat sexually transmitted diseases; and removing language related to testing of sexually transmitted diseases.?

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

S. B. 427, Transferring funds from State Excess Lottery Fund to Department of Revenue;on third reading, coming up in regular order, was read a third time.

On the passage of the bill, the yeas and nays were taken (Roll No. 561), and there were--yeas 84, nays 14, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Byrd, Caputo, D. Evans, Fluharty, Hornbuckle, McGeehan, Miley, Pushkin, Reynolds, Rowe, Shaffer, Skinner, Storch and Weld.

Absent and Not Voting: Arvon and Morgan.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 427) passed.

Delegate Cowles moved that the bill take effect from its passage.

??????????? On this question, the yeas and nays were taken (Roll No. 562), and there were--yeas 79, nays 19, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Bates, Byrd, Caputo, Fleischauer, Fluharty, Manchin, McGeehan, Miley, Moore, Perdue, Pushkin, Reynolds, Rowe, Shaffer, Skinner, Storch, Trecost, Weld and Zatezalo.

Absent and Not Voting: Arvon and Morgan.

??????????? So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 427) takes effect from its passage.

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

Com. Sub. for S. B. 465, Allowing professional employer insure certain risks through pure insurance captive; 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. 563), and there were--yeas 90, nays 7, absent and not voting 3, with the nays and absent and not voting being as follows:

Nays: Caputo, Fleischauer, Longstreth, Lynch, Manchin, Moore and Sponaugle.

Absent and Not Voting: Arvon, Marcum and Morgan.

??????????? So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 465) passed.

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

??????????? Com. Sub. for S. B. 465 ?- ?A Bill to amend and reenact ?33-31-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact ?33-46A-9 of said code, all relating to allowing professional employer organizations to insure certain risks; permitting professional employer organizations to insure certain risks through a pure insurance captive; permitting professional employer organizations to sponsor health benefit plans for covered employees; requiring professional employer organizations to comply with captive insurance law if a benefit plan is not fully insured; and authorizing insurance commissioner to promulgate and adopt rules with respect to professional employer organizations sponsoring health benefit plans.?

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

S. B. 578, Protecting utility workers from crimes against person on third reading, coming up in regular order, was read a third time.

Speaker Pro Tempore Anderson in the Chair

??????????? Mr. Speaker, Mr. Armstead, arose from his seat and requested to be excused from voting on the passage of S. B. 578 under the provisions of House Rule 49.

??????????? The Speaker Pro Tempore replied that any impact on Mr. Armstead would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse him from voting.

Delegate Espinosa requested to be excused from voting on S. B. 578 under the provisions of House Rule 49.

??????????? The Speaker Pro Tempore replied that any impact on the Delegate 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 Member from voting.

Mr. Speaker, Mr. Armstead, in the Chair

Delegates Trecost and Reynolds requested to be excused from voting on S. B. 578 under the provisions of House Rule 49.

??????????? The Speaker replied that any impact on the Delegates 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 Members from voting.

??????????? The question being on the passage of the bill, the yeas and nays were taken (Roll No. 564), and there were--yeas 94, nays 5, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Azinger, Ihle, Lynch, McGeehan and Sobonya.

Absent and Not Voting: Arvon.

??????????? So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 578) passed.

At 11:40 a.m., on motion of Delegate Cowles, the House of Delegates recessed until 1:00 p.m.

*******

??????????? Still being in possession of the Clerk, S. B. 578 bill was taken up for further consideration.

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

??????????? S. B. 578 - ?A Bill to amend and reenact ?61-2-10b of the Code of West Virginia, 1931, as amended, relating to protection of utility workers and law-enforcement officers from crimes against the person; defining terms; adding law-enforcement officers and utility workers among the list of professionals the malicious assault, unlawful assault, battery or assault of which carries increased criminal penalties; clarifying the criminal offense of battery to require that the perpetrator have knowledge that the victim was acting in his or her official capacity; and clarifying the criminal offense of assault to require that the perpetrator have knowledge that the victim was acting in his or her official capacity.?

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

Messages from the Senate

??????????? A message from the Senate, by

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

??????????? S. B. 306, Permitting sale of county or district property online.

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

??????????? Delegate Ireland arose to inquire about a ruling related to Rule 49 that had been previously granted, which ruling was reaffirmed.

??????????? On motion of Delegate Cowles, the House of Delegate concurred in the following Senate title amendment:

S. B. 306 - ?A Bill to amend and reenact ?7-3-3 of the Code of West Virginia, 1931, as amended, relating to sale of county or district property; permitting property be sold either at an on-site public auction or by utilizing an internet-based public auction service; and requiring notice of sale include notice of the time, terms, manner and place of sale or the internet-based public auction service to be utilized.?

??????????? The question being on the passage of the bill, the yeas and nays were taken (Roll No. 565), and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting being as follows:

Nays: Fleischauer and Shaffer.

Absent and Not Voting: Blackwell, Miller and Statler.

??????????? So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 306) passed.

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

??????????? A message from the Senate, by

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

Com. Sub. for S. B. 524, Rewriting Board of Barbers and Cosmetologists article.

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

On page two, section three, line twenty-eight, by striking out all of subdivision (4) and inserting in lieu thereof a new subdivision, designated subdivision (4), to read as follows:

?(4) The waxing and tweezing of hair on another person?s body? and a semicolon.

On page eight, section four, line one hundred sixty-four, by striking out all of subdivision (6) and inserting in lieu thereof a new subdivision, designated subdivision (6), to read as follows:

?(6) Four citizen members representing the public? and a semicolon.

And,

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

?(d) Notwithstanding any other provision of this code, the board may not restrict a certificate holder or licensee from practicing his or her licensed craft at temporary on-site events in connection with, but not limited to: Fairs, carnivals, weddings, pageants or photographs: Provided, That the certificate holder or licensee is compliant with all other prescribed requirements and rules under this code. ?If an out-of-state licensee works in a temporary capacity, less than five days, in connection with an event or temporary commercial enterprise, he or she may be granted a temporary permit to work after submitting his or her current license certification to this state and paying the applicable fee: Provided, however, That the licensee shall display or have immediately available their license for the duration of his or her practice at a temporary event.?

And,

By amending the title of the bill to read as follows:

Com. Sub. for S. B. 524 - ?A Bill to amend and reenact ?30-27-1, ?30-27-3, ?30-27-4, ?30-27-5, ?30-27-8, ?30-27-8a, ?30-27-9, ?30-27-10, ?30-27-11, ?30-27-12, ?30-27-13, ?30-27-14, ?30-27-16, ?30-27-17, ?30-27-18 and ?30-27-19 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated ?30-27-8b, all relating to the Board of Barbers and Cosmetologists; providing jurisdiction to the board over hairstyling, waxing and shampoo assisting; amending definitions; providing for required clock hours of training; licensing of schools or programs by the Department of Education; modifying composition of the board; requiring examinations meet national standards; requiring licensed schools have one chair per student; regulation of on-site and temporary services; barber apprentice program; requirements to sponsor a barber apprentice; providing for certifications; providing for certification of waxing specialists; modifying reciprocity standards; modifying continuing education requirements; modifying instructor certification; and eliminating biennial license renewal.?

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

??????????? On the passage of the bill, the yeas and nays were taken (Roll No. 566), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:

Nays: Fleischauer.

Absent and Not Voting: Blackwell, Miller and Statler.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 524) passed.

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

??????????? A message from the Senate, by

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

??????????? Com. Sub. for H. B. 2205, Creating the crime of prohibited sexual contact by a psychotherapist.

??????????? On motion 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 the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated ?61-8-30, to read as follows:

ARTICLE 8.? crimes against chastity, morality and decency.

?61-8-30. Therapeutic deception; penalties.

(a) In this section, unless a different meaning plainly is required:

(1) ?Client? or ?patient? means a person who is being treated clinically or medically by a psychotherapist for more than one session or initial visit.

(2) ?Psychotherapist? means any of the following:

(A) A psychiatrist licensed pursuant to article three, chapter thirty of this code;

(B) A psychologist licensed pursuant to article twenty-one, chapter thirty of this code or a medical psychologist licensed pursuant to article three, chapter thirty of this code;

(D) A mental health counselor licensed pursuant to article thirty-one, chapter thirty of this code.

(3) ?Sexual contact? has the same meaning as provided in article eight-b, chapter sixty-one of this code.

(4) ?Sexual intercourse? has the same meaning as provided in article eight-b, chapter sixty-one of this code.?

(5) ?Therapeutic deception? means a representation by the psychotherapist to the patient or client that sexual contact or sexual intercourse with the psychotherapist is consistent with or part of the treatment of the patient or client.

(b) It is unlawful for any psychotherapist, or any person who fraudulently represents himself or herself as a psychotherapist, to engage in sexual contact or sexual intercourse with a client or patient by means of therapeutic deception.

(c) For purposes of this section, consent of the patient or client is not a defense, regardless of the age of the patient or client.

(d) Any person who violates subsection (b) of this section is guilty of a felony and, upon conviction thereof, shall be fined not more than $10,000.00 or imprisoned in a state correctional facility for not less than one year nor more than five years, or both fined and imprisoned.?

And,

By amending the title of the bill to read as follows:

Com. Sub. for H. B. 2205 - ?A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated ?61-8-30, relating to creating the offense of a psychotherapist, or one fraudulently representing himself or herself as a psychotherapist, to engage in sexual contact or sexual intercourse with a patient or client by means of therapeutic deception; establishing elements of the crime; providing exceptions; providing definitions; and providing criminal penalties.?

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

On the passage of the bill, the yeas and nays were taken (Roll No. 567), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: McGeehan.

Absent and Not Voting: Blackwell and Miller.

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. 2205) passed.

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

??????????? A message from the Senate, by

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

??????????? Com. Sub. for H. B. 4038, Relating to insurance requirements for the refilling of topical eye medication.

??????????? On motion 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 the enacting section and inserting in lieu thereof a new enacting section, to read as follows:

?That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated ?33-15-4m; that said code be amended by adding thereto a new section, designated ?33-16-3y; that said code be amended by adding thereto a new section, designated ?33-24-7n; that said code be amended by adding thereto a new section, designated ?33-25-8k; that said code be amended by adding thereto a new section, designated ?33-25A-8m, all to read as follows? and a semicolon.

??????????? And,

??????????? By amending the title of the bill to read as follows:

Com. Sub. for H. B.? 4038 - ?A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated ?33-15-4m; to amend said code by adding thereto a new section, designated ?33-16-3y; to amend said code by adding thereto a new section, designated ?33-24-7n; to amend said code by adding thereto a new section, designated ?33-25-8k; and to amend said code by adding thereto a new section, designated ?33-25A-8m, all relating to insurance requirements for the refilling of topical eye medication; requiring a refill take place at a certain time; and establishing when a refill is permitted.?

??????????? The bill, as amended by the Senate, was then put upon its passage.

??????????? On the passage of the bill, the yeas and nays were taken (Roll No. 568), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent and Not Voting: Blackwell and Miller.

??????????? 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. 4038) passed.

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

??????????? A message from the Senate, by

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

??????????? Com. Sub. for H. B. 4146, Providing insurance cover abuse-deterrent opioid analgesic drugs.

??????????? On motion 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 the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated ?33-15-4m; that said code be amended by adding thereto a new section, designated ?33-16-3y; that said code be amended by adding thereto a new section, designated ?33-24-7n; that said code be amended by adding thereto a new section, designated ?33-25-8k; and that said code be amended by adding thereto a new section, designated ?33-25A-8m, all to read as follows:

chapter 33. insurance.

ARTICLE 15. ACCIDENT AND SICKNESS INSURANCE.

?33-15-4m. Deductibles, copayments and coinsurance for abuse-deterrent opioid analgesic drugs.

(a) As used in this section:

(1) ?Abuse-deterrent opioid analgesic drug product? means a brand name or generic opioid analgesic drug product approved by the United States Food and Drug Administration with abuse-deterrent labeling that indicates its abuse-deterrent properties are expected to deter or reduce its abuse;

(2) ?Cost-sharing? means any coverage limit, copayment, coinsurance, deductible or other out-of-pocket expense requirements;

(3) ?Opioid analgesic drug product? means a drug product that contains an opioid agonist and is indicated by the United States Food and Drug Administration for the treatment of pain, regardless of whether the drug product:

(A) Is in immediate release or extended release form; or

(B) Contains other drug substances.

(b) Notwithstanding any provision of any accident and sickness insurance policy issued by an insurer, on or after January 1, 2017:

(1) Coverage shall be provided for at least one abuse-deterrent opioid analgesic drug product for each active opioid analgesic ingredient;

(2) Cost-sharing for brand name abuse-deterrent opioid analgesic drug products shall not exceed the lowest tier for brand name prescription drugs on the entity?s formulary for prescription drug coverage;

(3) Cost-sharing for generic abuse-deterrent opioid analgesic drug products covered pursuant to this section shall not exceed the lowest cost-sharing level applied to generic prescription drugs covered under the applicable health plan or policy; and

(4) An entity subject to this section may not require an insured or enrollee to first use an opioid analgesic drug product without abuse-deterrent labeling before providing coverage for an abuse-deterrent opioid analgesic drug product covered on the entity's formulary for prescription drug coverage.

(c) Notwithstanding subdivision (3), subsection (b) of this section, an entity subject to this section may undertake utilization review, including preauthorization, for an abuse-deterrent opioid analgesic drug product covered by the entity, if the same utilization review requirements are applied to nonabuse-deterrent opioid analgesic drug products and with the same type of drug release, immediate or extended.

(d) For purposes of subsection (b) of this section, the lowest tier and the lowest cost-sharing level shall not mean the cost-sharing tier applicable to preventive care services which are required to be provided at no cost-sharing under the Patient Protection and Affordable Care Act.

ARTICLE 16. GROUP ACCIDENT AND SICKNESS INSURANCE.

?33-16-3y. Deductibles, copayments and coinsurance for abuse-deterrent opioid analgesic drugs.

(a) As used in this section:

(2) ?Cost-sharing? means any coverage limit, copayment, coinsurance, deductible or other out-of-pocket expense requirements;

(A) Is in immediate release or extended release form; or

(B) Contains other drug substances.

(b) Notwithstanding any provision of any group accident and sickness insurance policy issued by an insurer pursuant to this article, on or after January 1, 2017:

(1) Coverage shall be provided for at least one abuse-deterrent opioid analgesic drug product for each active opioid analgesic ingredient;

ARTICLE 24. HOSPITAL SERVICE CORPORATIONS, MEDICAL SERVICE CORPORATIONS, DENTAL SERVICE CORPORATIONS AND HEALTH SERVICE CORPORATIONS.

?33-24-7n. Deductibles, copayments and coinsurance for abuse-deterrent opioid analgesic drugs.

(a) As used in this section:

(2) ?Cost-sharing? means any coverage limit, copayment, coinsurance, deductible or other out-of-pocket expense requirements;

(3) ?Opioid analgesic drug product? means a drug product that contains an opioid agonist?? and is indicated by the United States Food and Drug Administration for the treatment of pain, regardless of whether the drug product:

(A) Is in immediate release or extended release form; or

(B) Contains other drug substances.

(b) Notwithstanding any provision of any policy, provision, contract, plan or agreement to which this article applies, on or after January 1, 2017:

(1) Coverage shall be provided for at least one abuse-deterrent opioid analgesic drug product for each active opioid analgesic ingredient;

?ARTICLE 25. HEALTH CARE CORPORATIONS.

?33-25-8k. Deductibles, copayments and coinsurance for abuse-deterrent opioid analgesic drugs.

(a) As used in this section:

(2) ?Cost-sharing? means any coverage limit, copayment, coinsurance, deductible or other out-of-pocket expense requirements;

(A) Is in immediate release or extended release form; or

(B) Contains other drug substances.

(b) Notwithstanding any provision of any policy, provision, contract, plan or agreement to which this article applies, on or after January 1, 2017:

(1) Coverage shall be provided for at least one abuse-deterrent opioid analgesic drug product for each active opioid analgesic ingredient;

ARTICLE 25A. HEALTH MAINTENANCE ORGANIZATION ACT.

?33-25A-8m. Deductibles, copayments and coinsurance for abuse-deterrent opioid analgesic drugs.

(a) As used in this section:

(2) ?Cost-sharing? means any coverage limit, copayment, coinsurance, deductible or other out-of-pocket expense requirements;

(A) Is in immediate release or extended release form; or

(B) Contains other drug substances.

(b) Notwithstanding any provision of any policy, provision, contract, plan or agreement to which this article applies, on or after January 1, 2017:

(1) Coverage shall be provided for at least one abuse-deterrent opioid analgesic drug product for each active opioid analgesic ingredient;

??????????? The bill, as amended by the Senate, was then put upon its passage.

??????????? On the passage of the bill, the yeas and nays were taken (Roll No. 569), and there were--yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Azinger, Cadle, Ihle and McGeehan.

Absent and Not Voting: Blackwell and Miller.

??????????? So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4146) passed.

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

??????????? A message from the Senate, by

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

??????????? Com. Sub. for H. B. 4307, Clarifying that a firearm may be carried for self defense in state parks, state forests and state recreational areas.

??????????? On motion 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 section and inserting in lieu thereof the following:

ARTICLE 2. WILDLIFE RESOURCES.

?20-2-5. Unlawful methods of hunting and fishing and other unlawful acts.

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

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

(2) Dig out, cut out, 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;

(3) Use or attempt to use any artificial light or any night vision technology, including image intensification, thermal imaging or active illumination while hunting, locating, attracting, taking, trapping or killing any wild bird or wild animal: Provided, That it is lawful to hunt or take coyote, fox, raccoon, opossum or skunk by the use of artificial light or night vision technology. Any person violating 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, take, kill, wound or shoot at wild animals or wild birds from an airplane or other airborne conveyance, a drone or other unmanned aircraft, an automobile or other land conveyance, or from a motor-driven water conveyance;

(5) Use a drone or other unmanned aircraft to hunt, take or kill a wild bird or wild animal, or to use a drone or other unmanned aircraft to drive or herd any wild bird or wild animal for the purposes of hunting, trapping or killing;

(6) Take any beaver or muskrat by any means other than a trap;

(7) Catch, capture, take, hunt or kill by seine, net, bait, trap or snare or like device a bear, wild turkey, ruffed grouse, pheasant or quail;

(8) Intentionally destroy or attempt to destroy the nest or eggs of any wild bird or have in his or her possession the nest or eggs;

(9) Carry an uncased or loaded firearm in the woods of this state or in state parks, state forests, state wildlife management areas or state rail trails with the following permissible exceptions:

(A) A person in possession of a valid license or permit during open firearms hunting season for wild animals and nonmigratory wild birds where hunting is lawful;

(B) A person hunting or taking unprotected species of wild animals, wild birds and migratory wild birds during the open season, in the open fields, open water and open marshes of the state where hunting is lawful;

(D) A person carrying a ~~firearm~~ handgun for self-defense who is not prohibited from possessing firearms ~~by section seven, article seven, chapter sixty-one of this code~~; or

(E) A person carrying a rifle or shotgun for self-defense who is not prohibited from possessing firearms under state or federal law: Provided, That this exception does not apply to an uncased rifle or shotgun carried specifically in state park or state forest recreational facilities and marked trails within state park and/or state forest borders or on state rail trails; Provided, however, That nothing in this subdivision shall be construed as authorizing any county or municipality to limit the right of any person to possess, transfer, own, carry or transport any firearm or ammunition.

(10) Have in his or her possession a crossbow with a nocked bolt, or a rifle or shotgun with cartridges that have not been removed or a magazine that has not been detached, in or on any vehicle or conveyance, or its attachments. 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 that between five o'clock post meridian of day one and seven o'clock ante meridian, Eastern Standard Time, of the following day, any unloaded firearm or crossbow may be 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 requirements relative to carrying unloaded firearms are permissible only from eight-thirty o'clock post meridian to five o'clock ante meridian, Eastern Standard Time: Provided, That the time periods for carrying unloaded and uncased firearms are extended for one hour after the post meridian times and one hour before the ante meridian times established in this subdivision, if a person is transporting or transferring the firearms to or from a hunting site, campsite, home or other abode;

(11) 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 ante meridian 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 ante meridian on that Sunday: Provided, That traps previously and legally set may be tended after the hour of five o'clock ante meridian on Sunday and the person tending the traps may carry firearms for the purpose of humanely dispatching trapped animals. Any person violating 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;

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

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

(14) Catch, take, kill or attempt to catch, take or kill any fish by any means other than by rod, line and hooks with natural or artificial lures: Provided, That snaring of any species of suckers, carp, fallfish and creek chubs is lawful;

(15) Employ, hire, induce or persuade, with money, things of value or by any means, any person to hunt, take, catch or kill any wild animal or wild bird except those species in which there is no closed season; or to fish for, catch, take or kill any fish, amphibian or aquatic life that is protected by rule, or the sale of which is otherwise prohibited;

(16) Hunt, catch, take, kill, capture, pursue, transport, possess or use any migratory game or nongame birds except as permitted by the Migratory Bird Treaty Act, 16 U. S. C. ?703, et seq., and its regulations;

(17) Kill, take, catch, sell, transport or have in his or her possession, living or dead, any wild bird other than a game bird including the plumage, skin or body of any protected bird, irrespective of whether the bird was captured in or out of this state, except the English or European sparrow (Passer domesticus), starling (Sturnus vulgaris) and cowbird (Molothrus ater), which may be killed at any time;

(18) Use dynamite, explosives or any poison in any waters of the state for the purpose of killing or taking fish. Any person violating 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;

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

(20) 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 sections five-g and forty-two-w of this article;

(21) 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;

(22) 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;

(23) Shoot an arrow across any public highway;

(24) Permit any dog owned or under his or her control to chase, pursue or follow the tracks of any wild animal or wild bird, day or night, between May 1 and August 15: 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 upon the grounds or lands of another person with his or her written permission, or on public lands at any time. Nonresidents may not train dogs in this state at any time except during the legal small game hunting season. A person training dogs may not have firearms or other implements in his or her possession during the closed season on wild animals and wild birds;

(25) Conduct or participate in a trial, including a field trial, shoot-to-retrieve field trial, water race or wild hunt: Provided, That any person, group of persons, club or organization may hold a trial upon obtaining a permit pursuant to 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 the trial and make the records readily available for inspection by any natural resources police officer upon request;

(26) Hunt, catch, take, kill or attempt to hunt, catch, take or kill any wild animal, wild bird or wild fowl except during open seasons;

(27) Hunting on public lands on Sunday after five o'clock ante meridian is prohibited;

(28) 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 ante meridian: 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.

On the local option election ballot shall be printed the following:

Shall hunting on Sunday be authorized on private lands only with the consent of the land owner in ________ County?

[ ] Yes

[ ] No

(Place a cross mark in the square opposite your choice.)

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, an election on the issue may not be held for a period of one hundred four weeks. If a majority votes Ayes@, an election reconsidering the action may not 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.

Amendments to this subdivision promulgated during the 2015 regular session of the Legislature shall have no effect upon the results of elections held prior to their enactment; and

(29) Hunt or conduct hunts for a fee when the person is not physically present in the same location as the wildlife being hunted within West Virginia.?

And,

By amending the title of the bill to read as follows:

Com. Sub. for H. B. 4307 - ?A Bill to amend and reenact ?20-2-5 of the Code of West Virginia, 1931, as amended, relating to carrying a firearm for self-defense in state parks and state forests generally; providing exceptions; and clarifying that nothing in the section authorizes counties or municipalities to limit a person?s ability to possess, transfer over, carry or transport a firearm or ammunition.?

??????????? The bill, as amended by the Senate, was then put upon its passage.

??????????? On the passage of the bill, the yeas and nays were taken (Roll No. 570), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Fleischauer and Moore.

Absent and Not Voting: Blackwell and Miller.

??????????? 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. 4307) passed.

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

??????????? A message from the Senate, by

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

??????????? Com. Sub. for H. B. 4323, Relating to the reporting of emergency incidents by well operators and pipeline operators.

??????????? On motion 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, section one, line three, by striking out the words ?in the Department of Military Affairs and Public Safety?.

On page one, section one, line six after the word ?injury?, by inserting the word ?or?.

And,

On page two, section one, line nineteen, after the word ?farm?, by adding a comma and the words ?commercial structure?.

And,

By amending the title of the bill to read as follows:

Com. Sub. for H. B. 4323 - ?A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated ?15-5C-1 and ?15-5C-2, all relating to the reporting of emergency incidents by well operators and pipeline operators; defining terms; establishing reporting requirements; establishing time by which report must be made; setting forth contents of report; establishing obligations of local emergency telephone operators; providing for recording and handling of calls; providing that certain information is available to the public pursuant to the West Virginia Freedom of Information Act; setting forth civil administrative penalty; setting forth situations in which civil administrative penalty shall be waived; permitting pipeline operator or well operator to request reconsideration of civil administrative penalty; and providing right to appeal.?

??????????? The bill, as amended by the Senate, was then put upon its passage.

??????????? On the passage of the bill, the yeas and nays were taken (Roll No. 571), and there were--yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Azinger, McGeehan, J. Nelson and R. Smith.

Absent and Not Voting: Blackwell and Miller.

??????????? 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. 4323) passed.

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

??????????? A message from the Senate, by

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

??????????? Com. Sub. for H. B. 4365, Relating to the certificate of need process.

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

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

?CHAPTER 16. PUBLIC HEALTH.

ARTICLE 2D. CERTIFICATE OF NEED.

?16-2D-1. Legislative findings.

It is declared to be the public policy of this state:

(1) That the offering or development of all health services shall be accomplished in a manner which is orderly, economical and consistent with the effective development of necessary and adequate means of providing for the health services of the people of this state and to avoid unnecessary duplication of health services, and to contain or reduce increases in the cost of delivering health services.

(2) That the general welfare and protection of the lives, health and property of the people of this state require that the type, level and quality of care, the feasibility of providing such care and other criteria as provided for in this article, including certificate of need standards and criteria developed by the authority pursuant to provisions of this article, pertaining to health services within this state, be subject to review and evaluation before any health services are offered or developed in order that appropriate and needed health services are made available for persons in the area to be served.

?16-2D-2. Definitions.

As used in this article:

(1) ?Affected person? means:

(A) The applicant;

(B) An agency or organization representing consumers;

(D) An individual who regularly uses the health care facilities within that geographic area;

(E) A health care facility located within this state which provide services similar to the services of the facility under review and which will be significantly affected by the proposed project;

(F) A health care facility located within this state which, before receipt by the authority of the proposal being reviewed, have formally indicated an intention to provide similar services within this state in the future;

(G) Third-party payors who reimburse health care facilities within this state similar to those proposed for services;

(H) An agency that establishes rates for health care facilities within this state similar to those proposed; or

?(I) An organization representing health care providers.

(2) ?Ambulatory health care facility? means a facility that provides health services to noninstitutionalized and nonhomebound persons on an outpatient basis.

(3) ?Ambulatory surgical facility? means a facility not physically attached to a health care facility that provides surgical treatment to patients not requiring hospitalization.

(4) ?Applicant? means a person proposing a proposed health service;

(5) ?Authority? means the West Virginia Health Care Authority as provided in article twenty-nine-b of this chapter.

(6) ?Bed capacity? means the number of beds licensed to a health care facility or the number of adult and pediatric beds permanently staffed and maintained for immediate use by inpatients in patient rooms or wards in an unlicensed facility.

(7) ?Behavioral health services? means services provided for the care and treatment of persons with mental illness in an inpatient or outpatient setting,

?(8) ?Birthing center? means a short-stay ambulatory health care facility designed for low-risk births following normal uncomplicated pregnancy.

(9) ?Campus? means the adjacent grounds and buildings, or grounds and buildings not separated by more than a public right-of-way, of a health care facility.

?(10) ?Capital expenditure? means:

(A) An expenditure made by or on behalf of a health care facility, which:

(i) Under generally accepted accounting principles is not properly chargeable as an expense of operation and maintenance; or (ii) is made to obtain either by lease or comparable arrangement any facility or part thereof or any equipment for a facility or part; and

(B)(i) Exceeds the expenditure minimum; (ii) is a substantial change to the bed capacity of the facility with respect to which the expenditure is made; or (iii) is a substantial change to the services of such facility;

(C) The transfer of equipment or facilities for less than fair market value if the transfer of the equipment or facilities at fair market value would be subject to review; or

(D) A series of expenditures, if the sum total exceeds the expenditure minimum and if determined by the state agency to be a single capital expenditure subject to review. In making this determination, the state agency shall consider: Whether the expenditures are for components of a system which is required to accomplish a single purpose; or whether the expenditures are to be made within a two-year period within a single department such that they will constitute a significant modernization of the department.

(11) ?Charges? means the economic value established for accounting purposes of the goods and services a hospital provides for all classes of purchasers;

(12) ?Community mental health and intellectual disability facility? means a facility which provides comprehensive services and continuity of care as emergency, outpatient, partial hospitalization, inpatient or consultation and education for individuals with mental illness, intellectual disability.

(13) ?Diagnostic imaging? means the use of radiology, ultrasound, mammography, fluoroscopy, nuclear imaging, densitometry to create a graphic depiction of the body parts;

(14) ?Drug and Alcohol Rehabilitation Services? means a medically or psychotherapeutically supervised process for assisting individuals on an inpatient or outpatient basis through the processes of withdrawal from dependency on psychoactive substances.

(15) ?Expenditure minimum? means the cost of acquisition, improvement, expansion of any facility, equipment, or services including the cost of any studies, surveys, designs, plans, working drawings, specifications and other activities, including staff effort and consulting at and above $5 million.

(16) ?Health care facility? means a publicly or privately owned facility, agency or entity that offers or provides health services, whether a for-profit or nonprofit entity and whether or not licensed, or required to be licensed, in whole or in part.

(17) ?Health care provider? means a person authorized by law to provide professional health service in this state to an individual.

(18) ?Health services? means clinically related preventive, diagnostic, treatment or rehabilitative services.

(19) ?Home health agency? means an organization primarily engaged in providing professional nursing services either directly or through contract arrangements and at least one of the following services:

(A) Home health aide services;

(B) Physical therapy;

(D) Occupational therapy;

(E) Nutritional services; or

(F) Medical social services to persons in their place of residence on a part-time or intermittent basis.

(20) ?Hospice? means a coordinated program of home and inpatient care provided directly or through an agreement under the direction of a licensed hospice program which provides palliative and supportive medical and other health services to terminally ill individuals and their families.

(21) ?Hospital? means a facility licensed pursuant to the provisions of article five-b of this chapter and any acute care facility operated by the state government, that primarily provides inpatient diagnostic, treatment or rehabilitative services to injured, disabled or sick persons under the supervision of physicians.

(22) ?Intermediate care facility? means an institution that provides health-related services to individuals with conditions that require services above the level of room and board, but do not require the degree of services provided in a hospital or skilled-nursing facility.

(23) ?Like equipment? means medical equipment in which functional and technological capabilities are similar to the equipment being replaced; and the replacement equipment is to be used for the same or similar diagnostic, therapeutic, or treatment purposes as currently in use; and it does not constitute a substantial change in health service or a proposed health service.?

(24) ?Major medical equipment? means a single unit of medical equipment or a single system of components with related functions which is used for the provision of medical and other health services and costs in excess of the expenditure minimum.? This term does not include medical equipment acquired by or on behalf of a clinical laboratory to provide clinical laboratory services if the clinical laboratory is independent of a physician?s office and a hospital and it has been determined under Title XVIII of the Social Security Act to meet the requirements of paragraphs ten and eleven, Section 1861(s) of such act, Title 42 U.S.C. ?1395x. In determining whether medical equipment is major medical equipment, the cost of studies, surveys, designs, plans, working drawings, specifications and other activities essential to the acquisition of such equipment shall be included. If the equipment is acquired for less than fair market value, the term ?cost? includes the fair market value.

(25) ?Medically underserved population? means the population of an area designated by the authority as having a shortage of a specific health service.

(26) ?Nonhealth-related project? means a capital expenditure for the benefit of patients, visitors, staff or employees of a health care facility and not directly related to health services offered by the health care facility.

(27) ?Offer? means the health care facility holds itself out as capable of providing, or as having the means to provide, specified health services.

(28) ?Person? means an individual, trust, estate, partnership, limited liability corporation, committee, corporation, governing body, association and other organizations such as joint-stock companies and insurance companies, a state or a political subdivision or instrumentality thereof or any legal entity recognized by the state.

(29) ?Personal care agency? means entity that provides personal care services approved by the Bureau of Medical Services.

(30) ?Personal care services? means personal hygiene; dressing; feeding; nutrition; environmental support and health-related tasks provided by a home health agency.

(31) ?Physician? means an individual who is licensed by the Board of Medicine or the Board of Osteopathy to practice in West Virginia.

(32) ?Proposed health service? means any service as described in section eight of this article.

(33) ?Purchaser? means an individual who is directly or indirectly responsible for payment of patient care services rendered by a health care provider, but does not include third-party payers.

(34) ?Rates? means charges imposed by a health care facility for health services.

(35) ?Records? means accounts, books and other data related to health serivce costs at health care facilities subject to the provisions of this article which do not include privileged medical information, individual personal data, confidential information, the disclosure of which is prohibited by other provisions of this code and the laws enacted by the federal government, and information, the disclosure of which would be an invasion of privacy

(36) ?Rehabilitation facility? means an inpatient facility licensed in West Virginia operated for the primary purpose of assisting in the rehabilitation of disabled persons through an integrated program of medical and other services.

(37) ?Related organization? means an organization, whether publicly owned, nonprofit, tax-exempt or for profit, related to a health care facility through common membership, governing bodies, trustees, officers, stock ownership, family members, partners or limited partners, including, but not limited to, subsidiaries, foundations, related corporations and joint ventures. For the purposes of this subdivision ?family members? means parents, children, brothers and sisters whether by the whole or half blood, spouse, ancestors and lineal descendants.

(38) ?Skilled nursing facility? means an institution, or a distinct part of an institution, that primarily provides inpatient skilled nursing care and related services, or rehabilitation services, to injured, disabled or sick persons.

(39) ?Standard'' means a health service guideline developed by the authority and instituted under section six.

(40) ?State health plan? means a document prepared by the authority that sets forth a strategy for future health service needs in the state.

(41) ?Substantial change to the bed capacity? of a health care facility means any change, associated with a capital expenditure, that increases or decreases the bed capacity or relocates beds from one physical facility or site to another, but does not include a change by which a health care facility reassigns existing beds as swing beds between acute care and long-term care categories or a decrease in bed capacity in response to federal rural health initiatives.

(43) ?Substantial change to the health services? means:

(A) The addition of a health service offered by or on behalf of the health care facility which was not offered by or on behalf of the facility within the twelve-month period before the month in which the service is first offered; or

(B) The termination of a health service offered by or on behalf of the facility but does not include the termination of ambulance service, wellness centers or programs, adult day care or respite care by acute care facilities.

(44) ?Third-party payor? means an individual, person, corporation or government entity responsible for payment for patient care services rendered by health care providers.

(45) ?To develop? means to undertake those activities which upon their completion will result in the offer of a proposed health service or the incurring of a financial obligation in relation to the offering of such a service.

?16-2D-3. Powers and duties of the authority.

(a) The authority shall:

(1) Administer the certificate of need program;

(2) Review the state health plan, the certificate of need standards, and the cost effectiveness of the certificate of need program and make any amendments and modifications to each that it may deem necessary, no later than September 1, 2017, and biennially thereafter.

(3) Shall adjust the expenditure minimum annually and publish to its website the updated amount on or before December 31, of each year. The expenditure minimum adjustment shall be based on the DRI inflation index published in the Global Insight DRI/WEFA Health Care Cost Review.

(4) Create a standing advisory committee to advise and assist in amending the state health plan, the certificate of need standards, and performing the state agencies? responsibilities.

(b) The authority may:

(1) (A) Order a moratorium upon the offering or development of a health service when criteria and guidelines for evaluating the need for the health service have not yet been adopted or are obsolete or when it determines that the proliferation of the health service may cause an adverse impact on the cost of health services or the health status of the public.

(B) A moratorium shall be declared by a written order which shall detail the circumstances requiring the moratorium. Upon the adoption of criteria for evaluating the need for the health service affected by the moratorium, or one hundred eighty days from the declaration of a moratorium, whichever is less, the moratorium shall be declared to be over and applications for certificates of need are processed pursuant to section eight.

(2) Issue grants and loans to financially vulnerable health care facilities located in underserved areas that the authority and the Office of Community and Rural Health Services determine are collaborating with other providers in the service area to provide cost effective health services.

(3) Approve an emerging health service or technology for one year.

(4) Exempt from certificate of need or annual assessment requirements to financially vulnerable health care facilities located in underserved areas that the state agency and the Office of Community and Rural Health Services determine are collaborating with other providers in the service area to provide cost effective health services.

?16-2D-4. Rule-making Authority.

(a) The authority shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the following:

(1) Information a person shall provide when applying for a certificate of need;

(2) Information a person shall provide when applying for an exemption;

(3) Process for the issuance of grants and loans to financially vulnerable health care facilities located in underserved areas;

(4) The required information in a letter of intent;

(5) Process for an expedited certificate of need;

(6) Determine medically underserved population. The authority may consider unusual local conditions that are a barrier to accessibility or availability of health services. The authority may consider when making its determination of a medically underserved population designated by the federal Secretary of Health and Human Services under Section 330(b)(3) of the Public Health Service Act, as amended, Title 42 U.S.C. ?254;

(7) Process to review an approved certificate of need; and

(8) Process to review approved proposed health services for which the expenditure maximum is exceeded or is expected to be exceeded.

(b) The authority shall propose emergency rules by December 31, 2016, to effectuate the changes to this article.

(c) All of the authority?s rules in effect and not in conflict with the provisions of this article, shall remain in effect until they are amended or rescinded.

?16-2D-5. Fee; special revenue account; administrative fines.

(a) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the State Treasury which is continued and shall be known as the ?Certificate of Need Program Fund?. Expenditures from this 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 three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter eleven-b of this code: Provided, That for the fiscal year ending June 30, 2017, expenditures are authorized from collections rather than pursuant to appropriation by the Legislature.

(b) Any amounts received as administrative fines imposed pursuant to this article shall be deposited into the General Revenue Fund of the State Treasury.

?16-2D-6. Changes to certificate of need standards.

(a) When the authority proposes a change to the certificate of need standards, it shall file with the Secretary of State, for publication in the State Register, a notice of proposed action, including the text of all proposed changes, and a date, time and place for receipt of general public comment. To comply with the public comment requirement of this section, the authority may hold a public hearing or schedule a public comment period for the receipt of written statements or documents.

(b) When changing the certificate of need standards, the authority shall identify relevant criteria contained in section twelve and apply those relevant criteria to the proposed health service in a manner that promotes the public policy goals and legislative findings contained in section one.

(c) The authority shall form task forces to assist it in satisfying its review and reporting requirements. The task forces shall be comprised of representatives of consumers, business, providers, payers and state agencies.

(d) The authority shall coordinate the collection of information needed to allow the authority to develop recommended modifications to certificate of need standards.

(e) The authority may consult with or rely upon learned treatises in health planning, recommendations and practices of other health planning agencies and organizations, recommendations from consumers, recommendations from health care providers, recommendations from third-party payors, materials reflecting the standard of care, the authority?s own developed expertise in health planning, data accumulated by the authority or other local, state or federal agency or organization and any other source deemed relevant to the certificate of need standards proposed for change.

?(f) All proposed changes to the certificate of need standards, with a record of the public hearing or written statements and documents received pursuant to a public comment period, shall be presented to the Governor. Within thirty days of receiving the proposed amendments or modifications, the Governor shall either approve or disapprove all or part of the amendments and modifications and, for any portion of amendments or modifications not approved, shall specify the reason or reasons for disapproval. Any portions of the amendments or modifications not approved by the Governor may be revised and resubmitted.

(g) The certificate of need standards adopted pursuant to this section which are applicable to the provisions of this article are not subject to article three, chapter twenty-nine-a of this code. The authority shall follow the provisions set forth in this section for giving notice to the public of its actions, holding hearings or receiving comments on the certificate of need standards. The certificate of need standards in effect on July 1, 2016, and all prior versions promulgated and adopted in accordance with the provisions of this section are and have been in full force and effect from each of their respective dates of approval by the Governor.

(h) After approval from the Governor, the authority shall prepare a report detailing its review findings and submit the report to the Legislative Oversight Commission on Health and Human Resources Accountability with its annual report before January 1, each year.

?16-2D-7. Determination of reviewability.

A person may make a written request to the authority for it to determine whether a proposed health service is subject to the certificate of need or exemption process.? The authority may require that a person submit certain information in order to make this determination.? A person shall pay a $100 fee to the authority to obtain this determination.? A person is not required to obtain this determination before filing an application for a certificate of need or an exemption.

?16-2D-8. Proposed health services that require a certificate of need.

(a) Except as provided in sections nine, ten and eleven of this article, the following proposed health services may not be acquired, offered or developed within this state except upon approval of and receipt of a certificate of need as provided by this article:

(1) The construction, development, acquisition or other establishment of a health care facility;

(2) The partial or total closure of a health care facility with which a capital expenditure is associated;

(3) (A) An obligation for a capital expenditure incurred by or on behalf of a health care facility, in excess of the expenditure minimum; or

(B) An obligation for a capital expenditure incurred by a person to acquire a health care facility.

(4) An obligation for a capital expenditure is considered to be incurred by or on behalf of a health care facility:

(i) When a valid contract is entered into by or on behalf of the health care facility for the construction, acquisition, lease or financing of a capital asset;

(ii) When the health care facility takes formal action to commit its own funds for a construction project undertaken by the health care facility as its own contractor; or

(iii) In the case of donated property, on the date on which the gift is completed under state law.

(5) A substantial change to the bed capacity of a health care facility with which a capital expenditure is associated;

(6) The addition of ventilator services by a hospital;

(7) The elimination of health services previously offered on a regular basis by or on behalf of a health care facility which is associated with a capital expenditure;

(8) (A) A substantial change to the bed capacity or health services offered by or on behalf of a health care facility, whether or not the change is associated with a proposed capital expenditure;

(B) If the change is associated with a previous capital expenditure for which a certificate of need was issued; and

(C) If the change will occur within two years after the date the activity which was associated with the previously approved capital expenditure was undertaken.

(9) The acquisition of major medical equipment;

(10) A substantial change in an approved health service for which a certificate of need is in effect;

(11) An expansion of the service area for hospice or home health agency regardless of the time period in which the expansion is contemplated or made; and

(12) The addition of health services offered by or on behalf of a health care facility which were not offered on a regular basis by or on behalf of the health care facility within the twelve- month period prior to the time the services would be offered.

(b) The following health services are required to obtain a certificate of need regardless of the minimum expenditure:

(1) Constructing, developing, acquiring or establishing of a birthing center;

(2) Providing radiation therapy;

(3) Providing computed tomography;

(4) Providing positron emission tomography;

(5) Providing cardiac surgery;

(6) Providing fixed magnetic resonance imaging;

(7) Providing comprehensive medical rehabilitation;

(8) Establishing an ambulatory care center;

(9) Establishing an ambulatory surgical center;

(10) Providing diagnostic imaging;

(11) Providing cardiac catheterization services;

(12) Constructing, developing, acquiring or establishing of kidney disease treatment centers, including freestanding hemodialysis units;

(13) Providing megavoltage radiation therapy;

(14) Providing surgical services;

(15) Establishing operating rooms;

(16) Adding acute care beds;

(17) Providing intellectual developmental disabilities services;

(18) Providing organ and tissue transplants;

(19) Establishing an intermediate care facility for individuals with intellectual disabilities;

(20) Providing inpatient services;

(21) Providing hospice services;

(22) Establishing a home health agency; and

(23) Providing personal care services.

?16-2D-9. Health services that cannot be developed.

Notwithstanding section eight and eleven, these health services require a certificate of need but the authority may not issue a certificate of need to:

(1) A health care facility adding intermediate care or skilled nursing beds to its current licensed bed complement, except as provided in subdivision twenty-three, subsection (c), section eleven;

(2) A person developing, constructing or replacing a skilled nursing facility except in the case of facilities designed to replace existing beds in existing facilities that may soon be deemed unsafe or facilities utilizing existing licensed beds from existing facilities which are designed to meet the changing health care delivery system;

(3)?? Beds in an intermediate care facility for individuals with an intellectual disability, except that prohibition does not apply to an intermediate care facility for individuals with intellectual disabilities beds approved under the Kanawha County circuit court order of August 3, 1989, civil action number MISC-81-585 issued in the case of E.H. v. Matin, 168 W.V. 248, 284 S.E. 2d 232 (1981); and

(4) An opioid treatment facility or program.

?16-2D-10. Exemptions from certificate of need.

Notwithstanding section eight, a person may provide the following health services without obtaining a certificate of need or applying to the authority for approval:

(1) The creation of a private office of one or more licensed health professionals to practice in this state pursuant to chapter thirty of this code.

(2) Dispensaries and first-aid stations located within business or industrial establishments maintained solely for the use of employees that does not contain inpatient or resident beds for patients or employees who generally remain in the facility for more than twenty-four hours;

(3) A place that provides remedial care or treatment of residents or patients conducted only for those who rely solely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any recognized church or religious denomination.

?16-2D-11. Exemptions from certificate of need which require approval from the authority.

(a) To obtain an exemption under this section a person shall:

(1) File an exemption application;

(2) Pay the $1,000 application fee; and

(3) Provide a statement detailing which exemption applies and the circumstances justifying the approval of the exemption.?

(b) The authority has forty-five days to review the exemption request.? The authority may not hold an administrative hearing to review the application.? An affected party may not file an objection to the request for an exemption.? The applicant may request or agree with the authority to a fifteen day extension of the timeframe.? If the authority does not approve or deny the application within forty-five days, then the exemption is immediately approved.? If the authority denies the approval of the exemption, the applicant may appeal the authority?s decision to the Office of Judges or refile the application with the authority.? The Office of Judges shall follow the procedure provided in section sixteen to perform the review.

(c) Notwithstanding section eight and ten and except as provided in section nine, these health services are exempt from the certificate of need process:

(1) A computed tomography scanner that is installed in a private office practice where at minimum seventy five percent of the scans are for the patients of the practice and the fair market value of the installation and purchase is less than $250,000 for calendar year 2016.? The authority shall adjust the dollar amount specified in this subdivision annually and publish an update of the amount on or before December 31, of each year. The adjustment of the dollar amount shall be based on the DRI inflation index published in the Global Insight DRI/WEFA Health Care Cost Review. The authority may at any time request from the private office practice information concerning the number of patients who have been provided scans;

(2) (A) A birthing center established by nonprofit primary care center that has a community board and provides primary care services to people in their community without regard to ability to pay; or

(B) A birthing center established by a nonprofit hospital with less than one hundred licensed acute care beds.

(i) To qualify for this exemption, an applicant shall be located in an area that is underserved with respect to low-risk obstetrical services; and

(ii) Provide a proposed health service area.

(3) (A) A health care facility acquiring major medical equipment, adding health services or obligating a capital expenditure to be used solely for research;

(B) To qualify for this exemption, the health care facility shall show that the acquisition, offering or obligation will not:

(i) Affect the charges of the facility for the provision of medical or other patient care services other than the services which are included in the research;

(ii) Result in a substantial change to the bed capacity of the facility; or

(iii) Result in a substantial change to the health services of the facility.

?(C) For purposes of this subdivision, the term ?solely for research? includes patient care provided on an occasional and irregular basis and not as part of a research program;

(4) The obligation of a capital expenditure to acquire, either by purchase, lease or comparable arrangement, the real property, equipment or operations of a skilled nursing facility.

(5) Shared health services between two or more hospitals licensed in West Virginia providing health services made available through existing technology that can reasonably be mobile. This exemption does not include providing mobile cardiac catheterization;

(6) The acquisition, development or establishment of a certified interoperable electronic health record or electronic medical record system;

(7) The addition of forensic beds in a health care facility;

(8) A behavioral health service selected by the Department of Health and Human Resources in response to its request for application for services intended to return children currently placed in out-of-state facilities to the state or to prevent placement of children in out-of-state facilities is not subject to a certificate of need;

(9) The replacement of major medical equipment with like equipment;

(10) Renovations within a hospital. The renovations may not expand the health care facility?s current square footage, incur a substantial change to the health services, or a substantial change to the bed capacity;

(11) Renovations to a skilled nursing facility;

(12) The construction, development, acquisition or other establishment by a licensed West Virginia hospital of an ambulatory heath care facility in the county in which it is located and in a contiguous county within or outside this state;

(13) The donation of major medical equipment to replace like equipment for which a certificate of need has been issued and the replacement does not result in a substantial change to health services. This exemption does not include the donation of major medical equipment made to a health care facility by a related organization;

(14) A person providing specialized foster care personal care services to one individual and those services are delivered in the provider's home;

(15) A hospital converting the use of beds except a hospital may not convert a bed to a skilled nursing home bed and conversion of beds may not result in a substantial change to health services provided by the hospital;

(16) The construction, renovation, maintenance or operation of a state owned veterans skilled nursing facilities established pursuant to the provisions of article one-b of this chapter;

(17) A nonprofit community group designated by a county to develop and operate a nursing home bed facility with no more than thirty-six beds in any county in West Virginia that currently is without a skilled nursing facility;

(18) A critical access hospital, designated by the state as a critical access hospital, after meeting all federal eligibility criteria, previously licensed as a hospital and subsequently closed, if it reopens within ten years of its closure;

(19) The establishing of a heath care facility or offering of health services for children under one year of age suffering from Neonatal Abstinence Syndrome;

(20) The construction, development, acquisition or other establishment of community mental health and intellectual disability facility;

(21) Providing behavioral health services;

(22) The construction, development, acquisition or other establishment of kidney disease treatment centers, including freestanding hemodialysis units but only to a medically underserved population;

(23) The transfer or acquisition of intermediate care or skilled nursing beds from an existing health care facility to a nursing home providing intermediate care and skilled nursing services.

(24) The construction, development, acquisition or other establishment by a health care facility of a nonhealth related project;

(25)? A facility owned and operated by one or more health professionals authorized or organized pursuant to chapter thirty or ambulatory health care facility which offers laboratory or imaging services to patients regardless of the cost associated with the proposal.? To qualify for this exemption seventy five percent of the laboratory services are for the patients of the practice or ambulatory health care facility of the total laboratory services performed and seventy-five percent of imagining services are for the patients of the practice or ambulatory health care facility of the total imaging services performed;

(26) The construction, development, acquisition or other establishment of an alcohol or drug treatment facility and drug and alcohol treatment services unless the construction, development, acquisition or other establishment is an opioid treatment facility or programs as set forth in subdivision (4) of section nine of this article;

(27) Assisted living facilities and services; and

(28) The creation, construction, acquisition or expansion of a community-based nonprofit organization with a community board that provides or will provide primary care services to people without regard to ability to pay and receives approval from the Health Resources and Services Administration.

?16-2D-12. Minimum criteria for certificate of need reviews.

(a) A certificate of need may only be issued if the proposed health service is:

(1) Found to be needed; and

(2) Consistent with the state health plan, unless there are emergency circumstances that pose a threat to public health.

(b) The authority may not grant a certificate of need unless, after consideration of the appropriateness of the use of existing facilities within this state providing services similar to those being proposed, the authority makes each of the following findings in writing:

(1) That superior alternatives to the services in terms of cost, efficiency and appropriateness do not exist within this state and the development of alternatives is not practicable;

(2) That existing facilities providing services within this state similar to those proposed are being used in an appropriate and efficient manner;

(3) That in the case of new construction, alternatives to new construction, such as modernization or sharing arrangements, have been considered and have been implemented to the maximum extent practicable; and

(4) That patients will experience serious problems in obtaining care within this state of the type proposed in the absence of the proposed health service.

(c) In addition to the written findings required in this section, the authority shall make a written finding regarding the extent to which the proposed health service meets the needs of the medically underserved population, except in the following cases:

(1) Where the proposed health service is one described in subsection (d) of this section to eliminate or prevent certain imminent safety hazards or to comply with certain licensure or accreditation standards; or

(2) Where the proposed health service is a proposed capital expenditure not directly related to the provision of health services or to beds or to major medical equipment.

(d) Notwithstanding the review criteria in subsection (b), an application for a certificate of need shall be approved, if the authority finds that the facility or service with respect to which such capital expenditure is proposed to be made is needed and that the obligation of such capital expenditure is consistent with the state health plan, for a capital expenditure which is required:

(1) To eliminate or prevent imminent safety hazards as defined by federal, state or local fire building or life safety codes, statutes or rules.

(2) To comply with state licensure standards; or

(3) To comply with accreditation or certification standards. Compliance with which is required to receive reimbursement under Title XVIII of the Social Security Act or payments under the state plan for medical assistance approved under Title XIX of such act.

(e) In the case where an application is made by a health care facility to provide ventilator services which have not previously been provided for a nursing facility bed, the authority shall consider the application in terms of the need for the service and whether the cost exceeds the level of current Medicaid services.? A facility providing ventilator services, may not provide a higher level of services for a nursing facility bed without demonstrating that the change in level of service by provision of the additional ventilator services will result in no additional fiscal burden to the state.

(f) The authority shall consider the total fiscal liability to the state for a submitted application.

(g) Criteria for reviews may vary according to the purpose for which a particular review is being conducted or the types of health services being reviewed.

(h) An application for a certificate of need may not be made subject to any criterion not contained in this article or in the certificate of need standards.

?16-2D-13. Procedures for certificate of need reviews.

(a) An application for a certificate of need shall be submitted to the authority prior to the offering or development of a proposed health service.

(b) A person proposing a proposed health service shall:

(1) Submit a letter of intent ten days prior to submitting the certificate of need application. The information required within the letter of intent shall be detailed by the authority in legislative rule;

(2) Submit the appropriate application fee;

(A) Up to $1,500,000 a fee of $1,500.00;

(B) From $1,500,001 to $ 5,000,000 a fee of $5,000.00;

(D) From $25,000,001 and above a fee of $35,000.00.

(3) Submit to the Director of the Office of Insurance Consumer Advocacy a copy of the application;

(c) The authority shall determine if the submitted application is complete within ten days of receipt of the application. The authority shall provide written notification to the applicant of this determination. If the authority determines an application to be incomplete, the authority may request additional information from the applicant.

(d) Within five days of receipt of a letter of intent, the authority shall provide notification to the public through a newspaper of general circulation in the area where the health service is being proposed and by placing of copy of the letter of intent on its website.? The newspaper notice shall contain a statement that, further information regarding the application is on the authority?s web site.

(e) The authority may batch completed applications for review on the fifteenth day of the month or the last day of month in which the application is deemed complete.

(f) When the application is submitted, ten days after filing the letter of intent, the application shall be placed on the authority?s website.

(g) An affected party has thirty days starting from the date the application is batched to request the authority hold an administrative hearing.

?(1) A hearing order shall be approved by the authority within fifteen days from the last day an affected person may requests an administrative hearing on a certificate of need application.

(2) A hearing shall take place no later than three months from that date the hearing order was approved by the authority.

(3) The authority shall conduct the administrative hearing in accordance with administrative hearing requirements in article five, chapter twenty-nine-a of this code.

(4) In the administrative hearing an affected person has the right to be represented by counsel and to present oral or written arguments and evidence relevant to the matter which is the subject of the public hearing. An affected person may conduct reasonable questioning of persons who make factual allegations relevant to its certificate of need application.

(5) The authority shall maintain a verbatim record of the administrative hearing.

(6) After the commencement of the administrative hearing on the application and before a decision is made with respect to it, there may be no ex parte contacts between:

(A) The applicant for the certificate of need, any person acting on behalf of the applicant or holder of a certificate of need or any person opposed to the issuance of a certificate for the applicant; and

(B) Any person in the authority who exercises any responsibility respecting the application.

(7) The authority may not impose fees to hold the administrative hearing.

(8) The authority shall render a decision within forty-five days of the conclusion of the administrative hearing.

(h) If an administrative hearing is not conducted during the review of an application, the authority shall provide a file closing date five days after an affected party may no longer request an administrative hearing, after which date no other factual information or evidence may be considered in the determination of the application for the certificate of need. A detailed itemization of documents in the authority?s file on a proposed health service shall, on request, be made available by the authority at any time before the file closing date.

(i) The extent of additional information received by the authority from the applicant for a certificate of need after a review has begun on the applicant's proposed health service, with respect to the impact on the proposed health service and additional information which is received by the authority from the applicant, may be cause for the authority to determine the application to be a new proposal, subject to a new review cycle.

(j) The authority shall have five days to provide the written status update upon written request by the applicant or an affected person.? The status update shall include the findings made in the course of the review and any other appropriate information relating to the review.

(k) (1) The authority shall annually prepare and publish to its website, a status report of each ongoing and completed certificate of need application reviews.

(2) For a status report of an ongoing review, the authority shall include in its report all findings made during the course of the review and any other appropriate information relating to the review.

(3) For a status report of a completed review, the authority shall include in its report all the findings made during the course of the review and its detailed reasoning for its final decision.

(l) The authority shall provide for access by the public to all applications reviewed by the authority and to all other pertinent written materials essential to agency review.

?16-2D-14. Procedure for an uncontested application for a certificate of need.

The authority shall review an uncontested certificate of need application within sixty days from the date the application is batched.? An uncontested application is deemed approved if the review is not completed within sixty days from the date the application is batched, unless an extension, up to fifteen days is requested by the applicant.

?16-2D-15. Agency to render final decision; issue certificate of need; write findings; specify capital expenditure maximum.

(a) The authority shall render a final decision on an application for a certificate of need in the form of an approval, a denial or an approval with conditions.? The final decision with respect to a certificate of need shall be based solely on:

(1) The authority?s review conducted in accordance with procedures and criteria in this article and the certificate of need standards; and

(2) The record established in the administrative hearing held with respect to the certificate of need.

(b)? Approval with conditions does not give the authority the ability to mandate a health service not proposed by the health care facility.? Issuance of a certificate of need or exemption may not be made subject to any condition unless the condition directly relates to criteria in this article, or in the certificate of need standards.? Conditions may be imposed upon the operations of the health care facility for not longer than a three-year period.

(c) The authority shall send its decision along with written findings to the person proposing the proposed health service or exemption and shall make it available to others upon request.

(d) In the case of a final decision to approve or approve with conditions a proposal for a proposed health service, the authority shall issue a certificate of need to the person proposing the proposed health service.

(e) The authority shall specify in the certificate of need the maximum amount of capital expenditures which may be obligated.? The authority shall adopt legislative rules pursuant to section four to prescribe the method used to determine capital expenditure maximums and a process to review the implementation of an approved certificate of need for a proposed health service for which the capital expenditure maximum is exceeded or is expected to be exceeded.

?16-2D-16. Appeal of certificate of need a decision.

(a) The authority?s final decision shall upon request of an affected person be reviewed by the Office of Judges.? The request shall be received within thirty days after the date of the authority?s decision.? The appeal hearing shall commence within thirty days of receipt of the request.

(b) The office of judges shall conduct its proceedings in conformance with the West Virginia Rules of Civil Procedure for trial courts of record and the local rules for use in the civil courts of Kanawha County and shall review appeals in accordance with the provisions governing the judicial review of contested administrative cases in article five, chapter twenty-nine-a of this code.

(c) The decision of the office of judges shall be made in writing within forty-five days after the conclusion of the hearing.

(d) The written findings of the office of judges shall be sent to the person who requested the review, to the person proposing the proposed health service and to the authority, and shall be made available by the authority to others upon request.

(e) The decision of the office of judges shall be considered the final decision of the authority; however, the office of judges may remand the matter to the authority for further action or consideration.

(f) Upon the entry of a final decision by the office of judges, a person adversely affected by the review may within thirty days after the date of the decision of the review agency make an appeal in the circuit court of Kanawha County. The decision of the office of judges shall be reviewed by the circuit court in accordance with the provisions for the judicial review of administrative decisions contained in article five, chapter twenty-nine-a of this code.?

?16-2D-17. Nontransference, time period compliance and withdrawal of certificate of need.

(a) A certificate of need is nontransferable and is valid for a maximum of one year from the date of issuance. Upon the expiration of the certificate or during the certification period, the person proposing the proposed health service shall provide the authority information on the development of the project as the authority may request. The authority shall periodically monitor capital expenditures obligated under certificates, determine whether sufficient progress is being made in meeting the timetable specified in the approved application for the certificate and whether there has been compliance with the application and any conditions of certification. The certificate of need may be extended by the authority for additional periods of time as are reasonably necessary to expeditiously complete the project.

(b) A certificate of need may no longer be in effect, and may no longer be required, after written notice of substantial compliance with the approved application and any conditions of certification is issued to the applicant, after the activity is undertaken for which the certificate of need was issued, and after the authority is provided written notice of such undertaking.

(c) A person proposing a proposed health service may not be issued a license, if applicable, until the authority has issued a written notice of substantial compliance with the approved application and any conditions of certification, nor may a proposed health service be used until the person has received such notice. A proposed health service may not be found to be in substantial compliance with the approved application and any conditions of certification if there is a substantial change in the approved proposed health service for which change a certificate of need has not been issued.

(d) (1) A certificate of need may be withdrawn by the authority for:

(A) Noncompliance with any conditions of certification;

(B) A substantial change in an approved proposed health service for which change a certificate of need has not been issued;

(D) Other reasons that may be established by the authority in legislative rules adopted pursuant to section four of this article.

(2) Any decision of the authority to withdraw a certificate of need shall be based solely on:

(A) The provisions of this article and on legislative rules adopted in accordance with section four of this article; and

(B) The record established in administrative hearing held with respect to the authority?s proposal to withdraw the certificate.

(3) In the case of a proposed withdrawal of a certificate of need:

(A) After commencement of an administrative hearing on the authority?s proposal to withdraw a certificate of need and before a decision is made on withdrawal, there may be no ex parte contacts between:

(i) The holder of the certificate of need, any person acting on behalf of the holder, or any person in favor of the withdrawal; and

(ii) Any person in the authority who exercises responsibility respecting withdrawal of the certificate;

(B) The authority shall follow the review procedure established in section thirteen; and

(4) A proposed health service may not be acquired, offered, or developed within this state if a certificate of need authorizing that proposed health service has been withdrawn by the authority and the acquisition, offering, or developing of the proposed health service is subject to review under this article.

?16-2D-18. Denial or revocation of license for operating without certificate.

A person who violates the provisions of this article is subject to denial or revocation of a license, in whole or in part, to operate a proposed health service or health care facility. Upon a showing to the authority that a person is offering or developing a proposed health service without having first obtained a certificate of need or that a person is otherwise in violation of the provisions of this article, the authority shall provide a person with written notice which shall state the nature of the violation and the time and place at which the person shall appear to show good cause why its license should not be revoked or denied, at which time and place the person shall be afforded a reasonable opportunity to present testimony and other evidence in support of the person?s position. If, thereafter, the authority determines that the person's license to operate the health service or health care facility should be revoked or denied, the authority shall issue a written order to the appropriate licensing agency of the state, requiring that the person's license to operate the proposed health service or health care facility be revoked or denied.? The order is binding upon the licensing agency.

?16-2D-19. Injunctive relief; civil penalty.

(a) A person who acquires, offers or develops a proposed health service for which a certificate of need is required without first having a certificate of need therefore or violates any other provision of this article, or any legislative rule promulgated thereunder, the authority may maintain a civil action in the circuit court of the county where the violation has occurred, or where the person may be found, to enjoin, restrain or prevent the violation. An injunction bond is not required to be filed.

(b) The authority may assess a civil penalty for violation of this article.

(c) Upon the authority determining that there is probable cause to believe that a person is in violation of the provisions of this article, or any lawful rule promulgated thereunder, the authority shall provide the person with written notice which states the nature of the alleged violation and the time and place at which an administrative hearing shall take place.? The hearing shall be conducted in accordance with the administrative hearing provisions of article five, chapter twenty-nine-a of this code.

(d) If the authority determines that the person is in violation of the provisions of this article or legislative rule, the authority shall assess a civil penalty of not less than $500 nor more than $25,000.

(e) In determining the amount of the penalty, the authority shall consider the degree and extent of harm caused by the violation and the cost of rectifying the damage.

(f) A person assessed shall be notified of the assessment in writing, and the notice shall specify the reasons for the assessment. If the person assessed fails to pay the amount of the assessment to the authority within thirty days, the authority may institute a civil action in the circuit court of the county where the violation has occurred, or where the person may be found to recover the amount of the assessment. In the civil action, the scope of the court's review of the authority?s action, which shall include a review of the amount of the assessment, shall be as provided in article five, chapter twenty-nine-a of this code for the judicial review of contested administrative cases.

?16-2D-20. Statute of limitations.

The authority has a period of three years to correct violations of the provisions of this article. The three-year period begins from the date the authority knows or should have known of the violation. Each new act of a continuing violation shall provide a basis for restarting the calculation of the limitations period.?

On motion of Delegate Cowles, the House of Delegates concurred in the Senate amendment with further amendment, on page ten, section three, line twenty-six, by inserting a new subdivision four, to read as follows:

?(4) exempt from certificate of need or annual assessment requirements to financially vulnerable health care facilities located in underserved areas that the state agency and the Office of Community and Rural Health Services determine are collaborating with other providers in the service area to provide cost effective health care services.?

??????????? On page thirteen, section eight, line one, subsection (a), after the word ?section?, by removing the word ?seven? and inserting the word ?twelve?.

On page fifteen, section eight, line sixty-five, by inserting a new subdivision twenty-three, to read as follows:

?(23) Providing in-home care services? and a semicolon.

??????????? On page sixteen, section nine, subdivision one, line four, after the word, ?complement?, by removing the semicolon and comma and the words ?except as provided in subdivision twenty-three, subsection (c), section twelve? and the period.

On page sixteen, section eleven, by removing section eleven in its entirety and renumbering the remaining sections, accordingly;

??????????? On page eighteen, section twelve, subsection (c), line fourteen, by removing the phrase, ?Except as provided in section eight,? and inserting the phrase, ?Notwithstanding section eight and nine? and a comma.

??????????? On page twenty, section twelve, subdivision twenty-two, line eighty-four, by removing the word, ?in? and inserting ?but only to?.

??????????? On page twenty-one, section twelve, subdivision twenty-five line ninety-two, by removing subdivision twenty-five in its entirety and renumbering the renaming subdivisions thereafter, accordingly.

And,

On page twenty-one, section twelve, line one hundred four, by after the word, ?services?, by removing the period and inserting a semicolon and a new subdivision (30) to read as follows:

?(30) The creation, construction, acquisition or expansion of a community-based nonprofit organization with a community board that provides or will provide primary care services to people without regard to ability to pay and receives approval from the Health Resources and Services Administration.?

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. 572), and there were--yeas 91, nays 5, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Fleischauer, Fluharty, Lynch, Storch and Weld.

Absent and Not Voting: Blackwell, Boggs, D. Evans and Miller.

??????????? 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. 4365) passed.

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

??????????? A message from the Senate, by

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

??????????? Com. Sub. for H. B. 4383, Making individuals responsible for the costs relating to the filing of excessive false complaints.

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

??????????? Delegate Cowles then moved that the House concur in the following Senate amendments:

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

?ARTICLE 30. EXCESSIVE FILING OF FALSE COMPLAINTS.

?5-30-1. Filing of false claims; suspension of investigatory obligations; notice; exceptions; civil actions and remedies.

(a) For purposes of this section:

(1) ?Complaint? means a claim, allegation, report or action that prompts a required inspection or investigation by an agency or department of the state, excluding any complaint filed in the courts of this state.

(2) ?False complaint? means a complaint received by an agency or department of the state that the agency or department of the state determines, after investigation, that the person who filed the complaint did so knowing the material statements in the complaint were not true, filed a complaint in reckless disregard of the truth or falsity of the statements contained therein or filed a complaint which constitutes an abuse of process.

(b)? If any agency or department of the state that is required by statute, rule, regulation or policy to conduct inspections or investigate complaints by individuals to determine whether there is violation of a statute, rule or regulation determines, by clear and convincing evidence, that a person filed a false complaint, as defined in this section, may, in its sole discretion, suspend any obligations with respect to such required inspections or investigations as to that individual if the agency or department determines that the individual has made three or more false complaints in a two-month period: Provided, That any such suspension shall not last longer than six months and the agency or department may still undertake any inspections or investigations as a result of a complaint by the individual within this time period: Provided, however, That the agency or department must maintain written records of, at least, the name and telephone number of the person making the complaint to avail itself of the provisions of this section.

(c) Any individual whose complaint is determined to be a false complaint shall be advised of the same, in writing, within forty-eight hours of the conclusion of the inspection or investigation. A copy of this article shall be provided with the written notice. The agency shall also forward a copy of any such written communication to the Governor, the Speaker of the House and the President of the Senate.

(d) This article does not apply to any agency or department inspections or investigations that are required in the event of emergencies or the West Virginia State Police.

(e) In the event an agency or department subject to this article suspends its obligations to an individual, the agency or department is authorized to file a civil action against the individual and, upon proof by a preponderance of the evidence that any of the complaints giving rise to the suspension were false complaints, is entitled to recover its actual costs associated with the inspection or investigation and resolution of those false complaints, plus attorney?s fees and costs, as well as any injunctive or equitable relief.

(f) Nothing in this article is intended to affect or supersede any other available legal or administrative remedies of any agency or department.?

And,

By amending the title of the bill to read as follows:

Com. Sub. for H. B. 4383 - ?A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated ?5-30-1, relating to excessive filing of false complaints; defining terms; providing for the discretionary suspension of investigatory obligations by agencies or departments under certain circumstances; setting forth time frames for determination of excessive false complaints; requiring false complaints, as defined, be shown by clear and convincing evidence; limiting the time frame investigatory obligations may be suspended; requiring the agency or department of the state to keep written records related to false complaints; providing for exceptions in the agency?s or department?s sole discretion; providing for written notice of determinations that a complaint was a false complaint; providing that a copy of this article accompany notices; providing that written notice also be provided to the Governor, Speaker of the House and President of the Senate; providing for exceptions to this article for emergency investigations and the West Virginia State Police; providing for civil actions; establishing burden of proof and remedies for civil actions; and preserving other available remedies of an agency or department.?

??????????? Delegate Cowles then asked and obtained unanimous consent to withdraw the motion to concur in the Senate amendments.

??????????? Unanimous consent having been obtained, the bill was then placed at the foot of Senate messages.

??????????? A message from the Senate, by

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

??????????? Com. Sub. for H. B. 4537, Relating to the regulation of chronic pain clinics.

??????????? On motion 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 section and inserting in lieu thereof the following:

?ARTICLE 5H. CHRONIC PAIN CLINIC LICENSING ACT.

?16-5H-2. Definitions.

(a) ?Chronic pain? means pain that has persisted after reasonable medical efforts have been made to relieve the pain or cure its cause and that has continued, either continuously or episodically, for longer than three continuous months. For purposes of this article, ?chronic pain?@ does not include pain directly associated with a terminal condition. ~~or with a progressive disease that, in the normal course of progression, may reasonably be expected to result in a terminal condition~~

(b) ?Director? means the Director of the Office of Health Facility Licensure and Certification within the Office of the Inspector General.

(c) ?Owner? means any person, partnership, association or corporation listed as the owner of a pain management clinic on the licensing forms required by this article.

(d) ?Pain management clinic? means all privately owned pain management clinics, facilities or offices not otherwise exempted from this article and which meets both of the following criteria:

(1) Where in any month more than fifty percent of patients of the ~~prescribers or dispensers~~ clinic are prescribed or dispensed opioids or other controlled substances specified in rules promulgated pursuant to this article for chronic pain resulting from ~~nonmalignant~~ conditions that are not terminal; and

(2) The facility meets any other identifying criteria established by the secretary by rule.

(e) ?Physician? means an individual authorized to practice medicine or surgery or osteopathic medicine or surgery in this state.

(f) ?Prescriber? means an individual who is authorized by law to prescribe drugs or drug therapy related devices in the course of the individual=s professional practice, including only a medical or osteopathic physician authorized to practice medicine or surgery; a physician assistant or osteopathic physician assistant who holds a certificate to prescribe drugs; or an advanced nurse practitioner who holds a certificate to prescribe.

(g) ?Secretary? means the Secretary of the West Virginia Department of Health and Human Resources. The secretary may define in rules any term or phrase used in this article which is not expressly defined.

?16-5H-5. Exemptions.

(a) The following facilities are not pain management clinics subject to the requirements of this article:

(1) A facility that is affiliated with an accredited medical school at which training is provided for medical or osteopathic students, residents or fellows, podiatrists, dentists, nurses, physician assistants, veterinarians or any affiliated facility to the extent that it participates in the provision of the instruction;

~~(2)~~ (1) A facility that does not prescribe or dispense controlled substances for the treatment of chronic pain;

~~(3)~~ (2) A hospital licensed in this state, a facility located on the campus of a licensed hospital that is owned, operated or controlled by that licensed hospital, and an ambulatory health care facility as defined by section two, article two-d, chapter sixteen of this code that is owned, operated or controlled by a licensed hospital;

~~(4)~~ (3) A physician practice owned or controlled, in whole or in part, by a licensed hospital or by an entity that owns or controls, in whole or in part, one or more licensed hospitals;

~~(5)~~ (4) A hospice program licensed in this state;

~~(6)~~ (5) A nursing home licensed in this state;

~~(7)~~ (6) An ambulatory surgical facility as defined by section two, article two-d, chapter sixteen of this code; and

~~(8)~~ (7) A facility conducting clinical research that may use controlled substances in studies approved by a hospital-based institutional review board or an institutional review board accredited by the association for the accreditation of human research protection programs.

(b) Any facility that is not included in this section may petition to the secretary for an exemption from the requirements of this article. All such petitions are subject to the administrative procedures requirements of chapter twenty-nine-a of this code.

?16-5H-7. Suspension; revocation.

(a) The secretary may suspend or revoke a license issued pursuant to this article if the provisions of this article or of the rules promulgated pursuant to this article are violated. The secretary may revoke a clinic=s license and prohibit all physicians associated with that pain management clinic from practicing at the clinic location based upon an annual or periodic inspection and evaluation.

(b) Before any such license is suspended or revoked, however, written notice shall be given to the licensee, stating the grounds of the complaint and shall provide notice of the right to request a hearing. ~~, and the date, time and place set for the hearing on the complaint, which date shall not be less than thirty days from the time notice is given~~ The notice shall be sent by certified mail to the licensee at the address where the pain management clinic concerned is located. The licensee shall be entitled to be represented by legal counsel at the hearing.

(c) If a license is revoked ~~as herein provided~~ pursuant to this article, a new application for a license ~~shall~~ may be considered by the secretary if, when and after the conditions upon which revocation was based have been corrected, and evidence of this fact has been furnished to the secretary. A new license ~~shall~~ may then be granted after proper inspection has been made and all provisions of this article and rules promulgated pursuant to this article have been satisfied.

(d) All of the pertinent provisions of article five, chapter twenty-nine-a of this code shall apply to and govern any hearing authorized and required by the provisions of this article and the administrative procedure in connection therewith.

(e) Any applicant or licensee who is dissatisfied with the decision of the secretary as a result of the hearing provided in this section may, within thirty days after receiving notice of the decision, appeal the decision to the circuit court of Kanawha County, in term or in vacation, for judicial review of the decision.

(f) The court may affirm, modify or reverse the decision of the secretary and either the applicant or licensee or the secretary may appeal from the court's decision to the Supreme Court of Appeals.

(g) If the license of a pain management clinic is revoked or suspended, the designated physician of the clinic, any other owner of the clinic or the owner or lessor of the clinic property shall cease to operate the facility as a pain management clinic as of the effective date of the suspension or revocation. The owner or lessor of the clinic property is responsible for removing all signs and symbols identifying the premises as a pain management clinic within thirty days.

(h) Upon the effective date of the suspension or revocation, the designated physician of the pain management clinic shall advise the secretary and the Board of Pharmacy of the disposition of all drugs located on the premises. The disposition is subject to the supervision and approval of the secretary. Drugs that are purchased or held by a pain management clinic that is not licensed may be deemed adulterated.

(i) If the license of a pain management clinic is suspended or revoked, any person named in the licensing documents of the clinic, including persons owning or operating the pain management clinic, may not, as an individual or as part of a group, apply to operate another pain management clinic for five years after the date of suspension or revocation.

(j) The period of suspension for the license of a pain management clinic shall be prescribed by the secretary, but may not exceed one year.?

And.

By amending the title of the bill to read as follows:

Com. Sub. for H. B. 4537 - ?A Bill to amend and reenact ?16-5H-2, ?16-5H-5 and ?16-5H-7 of the Code of West Virginia, 1931, as amended, all relating to the regulation of chronic pain clinics; updating definitions; deleting an exemption for affiliation with a medical school; and clarifying due process concerns regarding the process for hearing notices upon appeal.?

??????????? The bill, as amended by the Senate, was then put upon its passage.

??????????? On the passage of the bill, the yeas and nays were taken (Roll No. 573), and there were--yeas 95, nays 4, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Ihle, McGeehan, Shaffer and Sobonya.

Absent and Not Voting: Blackwell.

??????????? 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. 4537) passed.

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

??????????? A message from the Senate, by

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

??????????? Com. Sub. for H. B. 4554, Allowing an increase of gross weight limitations on certain roads in Greenbrier County.

??????????? On motion 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:

?WEIGHT LIMITATIONS ON CERTAIN ROADS IN GREENBRIER COUNTY.

?1. Authority of the Commissioner of the Division of Highways to increase weight limitations on certain highways within Greenbrier County.

(a) If the Commissioner of the Division of Highways determines that the design, construction and safety of the highways in Greenbrier County described in subsection (c) of this section are such that gross weight limits and dimensional restrictions may be increased without damage and without unreasonable danger to the public, the commissioner may set new limitations applicable to the highways or portions thereof.

(b) The commissioner may not establish any weight limitation or dimensional restriction in excess or in conflict with any weight limitation or dimensional restriction prescribed by or pursuant to acts of Congress for any road or highway that is part of the National System of Interstate and Defense Highways.

(c) Notwithstanding any provisions of the Code of West Virginia, 1931, as amended, to the contrary, if the commissioner determines that those portions of Greenbrier County Route 10/1 north and southbound from milepost 6.10 to milepost 11.60 are designed and constructed to allow the gross weight and dimensional limitation to be increased without damage, including damage to the road and related infrastructure, and without unreasonable danger to the public, the commissioner may increase the gross weight and vehicle dimensional limitations on the highway section described above: Provided, That any person, organization or corporation or other entity proposing to exceed the gross weight and vehicle dimension limitations of current state law while using these routes must first obtain a permit from the commissioner before proceeding: Provided, however, That the increased weight limitations and dimensional restrictions are not barred by an act of the United States Congress.

(d) The commissioner shall create a permit that must be obtained by any person or entity wishing to use the provisions of subsection (c) of this section.? The commissioner is authorized to make the permit subject to any restrictions and requirements the commissioner deems necessary to protect the public, road and other infrastructure.

(e) The commissioner shall adopt procedures for the issuance of the permit and those procedures shall be consistent with the existing procedures for the issuance of similar permits. The permit issued shall be valid for one year from the date of issuance.

(f) The information required in the application for the permit includes:

(1) Vehicle and trailer information;

(2) Number of axles;

(3) Axle spacings;

(4) Overall dimensions;

(5) Load information;

(6) Load weight and gross weight; and

(7) Effective dates.

(g) Upon submission of this information the applicant shall be provided an appropriate permit based on the information provided in subsection (f) of this section.

(h) The commissioner shall charge a permit fee of $500 for each permitted vehicle.

(i) The commissioner may immediately reduce the weight limit and dimensional restrictions if new information indicates that such reduction is needed to protect the public or road or other infrastructure.?

And,

By amending the title of the bill to read as follows:

Com. Sub. for H. B. 4554 ?- ?A Bill to authorize the Commissioner of the Division of Highways to allow an increase of gross weight limitations and dimensional restrictions on certain roads in Greenbrier County; specifying roadway location; and providing for permit application, restrictions, requirements, fees and limitations.?

??????????? The bill, as amended by the Senate, was then put upon its passage.

??????????? On the passage of the bill, the yeas and nays were taken (Roll No. 574), and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Caputo and Marcum.

Absent and Not Voting: Blackwell.

??????????? 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. 4554) passed.

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

??????????? A message from the Senate, by

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

??????????? H. B. 4558, Relating to victim notification and designation of additional individuals to receive notice of an offender's release.

??????????? On motion 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 section and inserting in lieu thereof the following:

?ARTICLE 11A. VICTIM PROTECTION ACT OF 1984.

?61-11A-8. Notification to victim of offender's release, placement, or escape from custody.

(a) At the time a criminal prosecution is commenced by the filing of a complaint, if the complaint charges a person with committing an offense described in subsection (e) of this section, then ~~in such case~~ the prosecuting attorney is required to provide notice, in writing or by telephone, to the victim or a family member that he or she may request that they be notified prior to or at the time of any release of the accused from custody pending judicial proceedings.

(b) If a person is convicted of an offense described in subsection (e) of this section, the prosecuting attorney is required to provide notice, in writing or by telephone, to the victim or a family member that he or she may request that they be notified prior to or at the time of sentencing if the convicted person will be placed on work release, home confinement or probation.

(c) If a person is convicted of an offense described in subsection (e) of this section and is imprisoned in a state correctional facility or confined in a county or regional jail, the commissioner of corrections, the regional jail supervisor or the sheriff, as the case may be, is required to provide notice, in writing or by telephone, to the victim or a family member that he or she may request that they be notified prior to or at the time of:

(1) Releasing the convicted person from imprisonment in any correctional facility;

(2) Releasing the convicted person from confinement in any ~~county or regional~~ jail;

(3) Placing the convicted person in a halfway house or other nonsecure facility to complete his or her sentence; or

(4) Any escape by the convicted person from a state correctional facility or a ~~county or regional~~ jail.

(d) The notice shall include instructions for the victim or the victim=s family member on how to request the notification.

(e) Offenses which are subject to the provisions of this section are as follows:

(1) Murder;

(2) Aggravated robbery;

(3) Sexual assault in the first degree;

(4) Kidnapping;

(5) Arson;

(6) Any sexual offense against a minor; or

(7) Any violent crime against a person.

(f) The Commissioner of Corrections, a regional jail supervisor, a sheriff or a prosecuting attorney who receives a written request for notification shall provide notice, in writing or by telephone, to the last known address or addresses or telephone number or numbers provided by the victim or a member of the victim=s family, or in the case of a minor child, to the custodial parent, guardian or custodian of the child, in accordance with the provisions of this section. In case of escape, notification shall be by telephone, if possible.

(g) If one or more family members of a victim request notification and if the victim is an adult and is alive and competent, notification shall be sent to the victim, if possible, notwithstanding that ~~the victim~~ he or she did not request the notification. If the victim is deceased or an adult who is alive but not competent, the notice shall be sent to the first family member requesting notice in conformity with this section.

(h) If notification by telephone to a victim is attempted, notification is not complete unless it is given directly to the person requesting notification and after that person=s identity has been verified. An attempted notification made to a voice mail or another recording device or to another member of the household is insufficient.

(i) For the purposes of this section, the following words or phrases defined in this subsection have the meanings ascribed to them. These definitions are applicable unless a different meaning clearly appears from the context.

(1) ?Filing of a complaint?@ means the filing of a complaint in accordance with the ~~requirements of rules~~ West Virginia Rules of Criminal Procedure promulgated by the Supreme Court of Appeals or the provisions of this code.

(2) ?Victim?@ means a victim of a crime listed in subsection (e) of this section who is alive and competent.

(3) ?Victim=s family member?@ means a member of the family of a victim of a crime listed in subsection (e) of this section who is not alive and competent.

(j) In addition to those persons required to be notified under this section, a victim may designate an additional adult individual to receive notice provided for by this section: Provided, That the obligation to notify the additional individuals under this section only arises if the additional adult individual's contact information is provided in writing by the victim to the appropriate notifying entity.?

And,

By amending the title of the bill to read as follows:

H. B. 4558 - ?A Bill to amend and reenact ?61-11A-8 of the Code of West Virginia, as amended, relating to victim notification and designation of additional individuals to receive notice of an offender's release, sentencing, placement or escape; providing an option to victims to designate an additional adult individual to receive notification; and requiring the victim to provide the additional adult individual's contact information in writing to the appropriate notifying entity.?

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

??????????? On the passage of the bill, the yeas and nays were taken (Roll No. 575), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent and Not Voting: Blackwell and Miller.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4558) passed.

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

??????????? A message from the Senate, by

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

??????????? Com. Sub. for H. B. 4561, Creating a special hiring process for West Virginia Division of Highways employees.

??????????? On motion 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, section four-a, line three, by striking out the word ?hourly?.

On page one, section four-a, line thirteen, by striking out the word ?hourly?.

On page two, section four-a, line sixteen, by striking out the word ?January? and inserting in lieu thereof the word ?July?.

On page three, section four-a, line forty-five, by striking out the word ?January? and inserting in lieu thereof the word ?July?.

And,

By amending the title of the bill to read as follows:

Com. Sub. for H. B. 4561 - ?A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated ?29-6-4a, relating to requiring the Commissioner of the Division of Highways and the Director of the Division of Personnel to collaborate to develop a special hiring procedure for personnel positions in the Division of Highways; establishing requirements for the special hiring procedure; exempting the Division of Highways and the Division of Personnel from classified service hiring procedures upon implementation of the special hiring process; exceptions; establishing reporting requirements; and requiring emergency and legislative rulemaking.?

??????????? The bill, as amended by the Senate, was then put upon its passage.

??????????? On the passage of the bill, the yeas and nays were taken (Roll No. 576), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: P. Smith.

Absent and Not Voting: Blackwell and Miller.

??????????? 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. 4561) passed.

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

??????????? A message from the Senate, by

??????????? The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:

Com. Sub. for H. C. R. 3, North River Mills Historic Trace.

??????????? On motion of Delegate Cowles, the resolution was taken up for immediate consideration and the House concurred in the following Senate amendments:

??????????? On page one, in the first Whereas clause, line seven, by striking out the word ?raik? and inserting in lieu thereof the word ?Craik?.

On page five, in the twentieth Whereas clause, line nine, by striking out the word ?ninety-six? and inserting in lieu thereof the words ?the Siege of Ninety Six?.

On page six, in the twenty-fifth Whereas clause, line two, by striking out the word ?where? and inserting in lieu thereof the word ?when?.

On page six, in the Resolved clause, line nineteen, after the word ?ending? by inserting the word ?at?.

And,

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

Com. Sub. for H. C. R. 3 - ?Requesting the Division of Highways to name the section of County Route 45/20, known as Coldstream Road, beginning at a point, latitude 39.336997, longitude -78.494499, and ending at a point, latitude 39.349509, longitude -78.511901, along the North River, Hiett Run and Maple Run, in Hampshire County, the ?North River Mills Historic Trace.?

The resolution (Com. Sub. for H. C. R. 3) as amended by the Senate was then adopted.

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

A message from the Senate, by

??????????? The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:

Com. Sub. for H. C. R. 5, U.S. Army PV2 Eskridge A. Waggoner Memorial Bridge.

On motion of Delegate Cowles, the resolution was taken up for immediate consideration and the House concurred in the following Senate amendments:

On page two, in the first Further Resolved clause, by striking out ?PV2? and inserting in lieu thereof ?PVT?.

The resolution, as amended by the Senate, was then adopted.

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

A message from the Senate, by

??????????? The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:

Com. Sub. for H. C. R. 17, SGT Larry Joseph Whitt Bridge.

??????????? On motion of Delegate Cowles, the resolution was taken up for immediate consideration and the House concurred in the following Senate amendments:

On page two, in the Resolved clause, before ?SGT?, by inserting the words ?U. S. Army?.

On page two, in the first Further Resolved clause, before ?SGT? by inserting the words ?U. S. Army?.

And,

By amending the title of the resolution to read as follows:

Com. Sub. for H. C. R. 17 - ?Requesting the Division of Highways name Greenville Road Bridge, located in Logan County near the town of Man which traverses Rock House Creek, the ?U. S. Army SGT Larry Joseph Whitt Memorial Bridge?.?

The resolution, as amended by the Senate, was then adopted.

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

A message from the Senate, by

??????????? The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:

Com. Sub. for H. C. R. 56, U.S. Army CPL Robert Eugene Jackson Memorial Bridge.

??????????? On motion of Delegate Cowles, the resolution was taken up for immediate consideration and the House concurred in the following Senate amendment:

On page one, in the third Whereas clause, line ten, by striking out the word ?Booth?s? and inserting in lieu thereof the word ?Booths?.

The resolution, as amended by the Senate, was then adopted.

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

A message from the Senate, by

??????????? The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:

Com. Sub. for H. C. R. 57, U.S. Army PVT Leander Reel Memorial Bridge.

??????????? On motion of Delegate Cowles, the resolution was taken up for immediate consideration and the House concurred in the following Senate amendments:

On page one, in the second Whereas clause, line six, after the words ?served in?, by inserting the word ?the?;

And,

On page two, in the fifth Whereas clause, line ten, by striking out the word ?infantry? and inserting in lieu thereof the word ?Infantry?.

The resolution, as amended by the Senate, was then adopted.

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

A message from the Senate, by

??????????? The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:

Com. Sub. for H. C. R. 72, Max G. Parkinson Memorial Bridge.

??????????? On motion of Delegate Cowles, the resolution was taken up for immediate consideration and the House concurred in the following Senate amendments:

On page one, in the fourth Whereas clause, line fourteen, by striking out the word ?Realtor? and inserting in lieu thereof the word ?realtor?;

And,

By amending the title of the resolution to read as follows:

Com. Sub. for H. C. R. 72 - ?Requesting the Division of Highways to name Bridge Number 02-13-0.81 (02A172) (39.46979, -77.97913), locally known as New North Tennessee Avenue Bridge, carrying County Route 13 over Tuscarora Creek in Berkeley County, the ?Max G. Parkinson Memorial Bridge?.?

The resolution, as amended by the Senate, was then adopted.

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

At the request of Delegate Cowles, and by unanimous consent, the House of Delegates returned to further consideration of Com. Sub. for H. B. 4383, Making individuals responsible for the costs relating to the filing of excessive false complaints.

On motion of Delegate Cowles the House concurred in the Senate amendments, as previously reported, with further amendment as follows:

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

?That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated ?5-30-1, to read as follows:

?ARTICLE 30.? EXCESSIVE FILING OF FALSE COMPLAINTS.

?5-30-1.? Filing of false claims; suspension of investigatory obligations; notice; exceptions; civil actions and remedies.

(a)? For purposes of this section:

(1)? ?Complaint? means a claim, allegation, report or action that prompts a required inspection or investigation by an agency or department of the state, excluding any complaint filed in the courts of this state.

(2) ?False complaint? means a complaint received by an agency or department of the state by an individual that, after it has been investigated and concluded, is found to be frivolous, without merit, or made with reckless disregard of the truth or falsity of the subject of the complaint.

(b)??? Any agency or department of the state that is required by statute, rule, regulation or policy to conduct inspections or investigate complaints by individuals to determine whether there is violation of a statute, rule or regulation may, in its sole discretion, suspend any obligations with respect to such required inspections or investigations as to that individual if the agency or department determines that the individual has made three or more false complaints in a two-month period:? Provided, That any such suspension shall not last longer than six months and the agency or department may still undertake any inspections or investigations as a result of a complaint by the individual within this time period:? Provided, however, That the agency or department must maintain written records of, at least, the name and telephone number of the person making the complaint to avail itself of the provisions of this section.

(c)? Any individual whose complaint is determined to be a false complaint shall be advised of the same, in writing, within forty-eight hours of the conclusion of the inspection or investigation.? A copy of this article shall be provided with the written notice.?

(d)? This article does not apply to any agency or department inspections or investigations that are required in the event of emergencies or the West Virginia State Police.

(e)? In the event an agency or department subject to this article suspends its obligations to an individual, the agency or department is authorized to file a civil action against the individual and, upon proof by a preponderance of the evidence that any of the complaints giving rise to the suspension were false complaints, is entitled to recover its actual costs associated with the inspection or investigation and resolution of those false complaints, plus attorney?s fees and costs, as well as any injunctive or equitable relief.

(f) Nothing in this article is intended to affect or supersede any other available legal or administrative remedies of any agency or department.?

??????????? 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. 577), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent and Not Voting: Cadle and Miller.

??????????? So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4383) passed.

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

Com. Sub. for H. B. 4383 - ?A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated ?5-30-1, relating to excessive filing of false complaints; defining terms; providing for the discretionary suspension of investigatory obligations by agencies or departments under certain circumstances; setting forth time frames for determination of excessive false complaints; limiting the time frame investigatory obligations may be suspended; requiring the agency or department of the state to keep written records related to false complaints; providing for exceptions in the agency?s or department?s sole discretion; providing for written notice of determinations that a complaint was a false complaint; providing that a copy of this article accompany notices; providing for exceptions to this article for emergency investigations and the West Virginia State Police; providing for civil actions; establishing burden of proof and remedies for civil actions; and preserving other available remedies of an agency or department.?

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

??????????? A message from the Senate, by

??????????? The Clerk of the Senate, announced that the Senate had refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to

Com. Sub. for H. B. 4174, Exempting activity at indoor shooting ranges from the prohibition of shooting or discharging a firearm within five hundred feet of any church or dwelling house.

??????????? The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:

??????????? Senators Ashley, Cline and Beach.

??????????? On motion of Delegate Cowles, the House of Delegates agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.

??????????? Whereupon,

??????????? The Speaker appointed as conferees on the part of the House of Delegates the following:

??????????? Delegates Azinger, Foster and Moore..

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

A message from the Senate, by

Com. Sub. for H. B. 4013, Requiring a person desiring to vote to present documentation identifying the voter.

??????????? The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:

??????????? Senators Gaunch, Ferns and Palumbo.

??????????? On motion of Delegate Cowles, the House of Delegates agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.

??????????? Whereupon,

??????????? The Speaker appointed as conferees on the part of the House of Delegates the following:

??????????? Delegates Lane, McCuskey and Rowe.

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

At 2:47 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 4:00 p.m.

*******

??????????? A message from the Senate, by

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

??????????? Com. Sub. for S. B. 157, Authorizing Department of Revenue to promulgate legislative rules.

??????????? On motion of Delegate Cowles, the bill was taken up for immediate consideration and the following Senate amendments were reported by the Clerk:

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

?ARTICLE 7. Authorization for Department of Revenue to promulgate LEGISLATIVE RULES, and repeal of unauthorized and obsolete rules of the department of revenue.

?64-7-1. Alcohol Beverage Control Commission.

(a) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section twenty-two, article sixteen, chapter eleven of this code, modified by the Alcohol Beverage Control Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 4, 2015, relating to the Alcohol Beverage Control Commission (nonintoxicating beer licensing and operations procedures, 176 CSR 1), is authorized.

(b) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section ten, article seven, chapter sixty of this code, relating to the Alcohol Beverage Control Commission (private club licensing, 175 CSR 2), is authorized.

(c) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section sixteen, article two, chapter sixty of this code, modified by the Alcohol Beverage Control Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 4, 2015, relating to the Alcohol Beverage Control Commission (distilleries and mini-distilleries, 175 CSR 10), is authorized.

?64-7-2. Racing Commission.

(a) The legislative rule filed in the State Register on July 22, 2015, authorized under the authority of section six, article twenty-three, chapter nineteen of this code, relating to the Racing Commission (thoroughbred racing, 178 CSR 1), is authorized.

(b) The legislative rule filed in the State Register on July 22, 2015, authorized under the authority of section six, article twenty-three, chapter nineteen of this code, relating to the Racing Commission (pari-mutuel wagering, 178 CSR 5), is authorized.

?64-7-3.? Department of Revenue.

(a) The legislative rule filed in the State Register on July 29, 2015, authorized under the authority of section five-t, article ten, chapter eleven of this code, modified by the Department of Revenue to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 18, 2015, relating to the Department of Revenue (payment of taxes by electronic funds transfer, 110 CSR 10F), is authorized.

(b) The legislative rule filed in the State Register on July 29, 2015, authorized under the authority of section five, article ten, chapter eleven of this code, relating to the Department? Revenue (exchange of information agreement between the Commissioner of the Tax Division of the Department of Revenue and the Secretary of the Department of Commerce, the Secretary of the Department of Environmental Protection, the Director of the Division of Forestry of the Department of Commerce and the Commissioners of the Public Service Commission, 110 CSR 50H), is authorized, with the amendment set forth below:

On page one, subsection 3.1, line six, following the word ?Commerce?, by inserting the words ?Secretary of State?.

(c) The legislative rule effective on June 12, 1987, authorized under the authority of section one, article one-a, chapter eleven of this code, relating to the Tax Division (listing of interests in natural resources for purposes of first statewide appraisal, 110 CSR 1B), is repealed.

(d) The legislative rule effective on May 13, 1987, authorized under the authority of section twenty-nine-a, article one-a, chapter eleven of this code, relating to the Tax Division (guidelines for assessors to assure fair and uniform nonutility personal property values,110 CSR 1C), is repealed.

(e) The legislative rule effective on June 12, 1987, authorized under the authority of section one, article one-a, chapter eleven of this code, relating to the Tax Division (review by circuit court on certiorari, 110 CSR 1D), is repealed.

(f) The legislative rule effective on June 12, 1987, authorized under the authority of section one, article one-a, chapter eleven of this code, relating to the Tax Division (review of appraisals by the county commission sitting as an administrative appraisal review board, 110 CSR 1E), is repealed.

(g) The legislative rule effective on May 13, 1987, authorized under the authority of section one, article one-a, chapter eleven of this code, relating to the Tax Division (additional review and implementation of property appraisals, 110 CSR 1F), is repealed.

(h) The legislative rule effective on May 13, 1987, authorized under the authority of section one, article one-a, chapter eleven of this code, relating to the Tax Division (review by circuit court on certiorari, 110 CSR 1G), is repealed.????????

(i) The Legislature directs the Department of Revenue? to promulgate the legislative rule filed in the State Register on May 5, 1999, authorized under the authority of section five-a, article one-c, chapter eleven, of this code, relating to the Department Revenue (Valuation of Timberland and Managed Timberland, 110 CSR 1H), with the amendments set forth below:

?110-1H-1. General.

1.1?????? Scope.? -- This legislative rule establishes the procedure for the classification and valuation of timberland and managed timberland.

1.2.????? Authority.? -- W. Va. Code ??11-1C-5(a)(2)(B), 11-1C-11(c)(1) and 11-1C-11b(c).

1.3.????? Filing Date. --

1.4.????? Effective Date. -- July 1, 2016.

1.5. Repeal of former rule.? -- This legislative rule repeals and replaces WV 110 C.S.R.1H ?Valuation of Timberland and Managed Timberland? filed April 16, 1999 and effective May 1, 1999.

? 110-1H-2. Introduction.

?? ???????? 2.1. The appraised value of managed timberland shall be determined by the State Tax Commissioner on the basis of the potential of the land to produce future income according to its use and productive potential.? Potential future net income is discounted to its present value utilizing a discounted cash flow; this is the appraised value.? The ability of a stand of timber to produce wood products for sale or use depends primarily on the quality of the soil and certain topographic and climatic features which can be expressed as a site index.? Site index is the principal criterion influencing the appraised value of managed timberland.? These factors shall be reviewed annually by the Tax Commissioner for necessary updating of the method described in order to properly reflect future changes in the values of managed timberland.

? ????????? 2.2. The appraised value of timberland (woodland/wasteland) shall be determined on the basis of market comparable derived through analysis of sales prices of comparable timberland (forested) properties.? Timberland appraisal value shall always be more than the appraised value of equivalent grades of properties being classified as managed timberland in the county. The appraised value of timberland shall be determined by the county assessor based upon the Timberland Classification Schedule found in Appendix 1 of this rule.

?? ???????? 2.3. The county assessor shall collect and analyze market data, including sales of timberland, segregated into the classes contained in the previously referenced classification schedule.? Based upon this market analysis, the county assessor shall select the value for each class of timberland that best reflects the market value of the property if exposed to the market for sale as timberland.? The values by class thus selected shall be entered, by the assessor, into the respective county land pricing tables and shall be used by the assessor to estimate the appraised value of timberland for property tax purposes.

? 110-1H-3. Definitions.

??????????? As used in this rule and unless the context clearly requires a different meaning, the following terms shall have the meaning ascribed in this section.

??? ??????? 3.1. ?Capitalization rate? means the rate used to convert an estimate of income into an estimate of present value.? Details of the procedure for determining the capitalization rate are found in Section 12 of this rule.

??? ??????? 3.2. ?Certified managed timberland plan? means the managed timberland plan that is certified by the landowner when the landowner certifies that the property is maintained as managed timberland.

3.3. ?Cost? means a component of management costs and property taxes.?

3.4. ?dbh? means the diameter of trees at breast height, which is 4.5' above ground level.

3.5. ?Division of Forestry? means the West Virginia Bureau of Commerce, Division of Forestry.

3.6.? ?Farm wood lot? means that portion of a farm in timber but may not include land used primarily for the growing of timber for commercial purposes except that Christmas trees, or nursery stock and woodland products, such as nuts or fruits harvested for human consumption, shall be considered farm products and not timber products.

3.7. ?Harvest income per acre? means the expected after tax revenue and accrued interest for each harvesting interval.? Interest is assumed to accrue at the rate of return from the period of harvest to the end of the 80 year rotation cycle.

3.8 ? ?Integrated Moisture Index? means soil moisture data derived from a methodology described in ?A GIS-Derived Integrated Moisture Index?; by Louis R. Iverson and Anantha M. Prasad; USDA Forest Service, Northeastern Research Station, Delaware, Ohio; 2003, as the same is refined and applied, from time to time, by subsequent professional studies conducted, or contracted for, by the Division of Forestry to determine current measures of the same.?????????

3.9 ?MBF? means thousand board feet.

3.10. ?Management cost? means the cost determined tri-annually by the Tax Commissioner to be the average annual cost of maintaining and protecting a producing forest.? Maintenance costs may include costs of inventory, boundary survey, security, maps, and any other items as can be shown to have been necessary.?? Protection may include costs of protection against forest fires; harmful insect and tree diseases; costs of repair and replacement resulting from damages reported to appropriate police agencies, including all-terrain vehicles (ATV's) and other vehicular damages, and costs of replacing and replanting forest production and/or plantations destroyed or injured by deer or other wild animals whose populations exceed the maximum carrying capacity of the site.? Management costs shall be determined as an average for the entire State or by regions, by Managed Timberlands Productivity Grades or by parcel acreage and shall be deducted from gross annual income per acre to obtain net annual income per acre.? ?

3.11. ?Managed Timberland? means surface real property, except farm woodlots, of not less than ten contiguous acres which is devoted primarily to forest use and which, in consideration of their size, has sufficient numbers of commercially valuable species of trees to constitute at least forty percent normal stocking of forest trees which are well distributed over the growing site, and that it is managed pursuant to a plan as defined in subsection 3.12 and appendix 2 of this rule.?

3..12.? ?Managed Timberland Plan? means the planned timberland management program that conforms to the following standards established by the Division of Forestry in the plan:

3.12.1. Includes the owner's multipurpose objectives for the property;

3.12.2. Provides for the land:

3.12.2.a.? to remain in at least 40% or greater forest cover of well distributed commercially important trees,

3.12.2.b.? to produce continuous crops of timber according to the site's productivity, and,

3.12.2.c.? to be monitored for and action taken against threats from injurious agencies;

3.12.3. Ensures that harvesting will be done in a manner that assures regeneration of the landowner's preferred species; and

3.12.4. Assures sustainability of forest resources and compliance with the Logging Sediment control Act, W. Va. Code ?19-1B-1 et seq.

????? 3.13. ?Managed Timberland Productivity Grades? means timberland classified as Grade 1 (excellent to very good), Grade 2 (good to fair), or Grade 3 (poor), according to the table in Appendix 4 of this rule.

???? 3.14. ?Owner of surface less timber? means any person who owns an interest in the surface where the timber rights have been sold to someone else.?

???? 3.15. ?Owner of Timber? means any person who owns an interest in timber, including a lessor or sublessor and an owner of a contract right to cut timber.? The owner of timber must have a right to cut timber for sale on his, her or its own account for use in his, hers, or its trade or business in order to have property rights that are subject to ad valorem property taxes.?

??? 3.16.? ?Site Index? means a method of measuring the? potential of a site to grow trees to the height that the average dominant and co-dominant trees on the site will attain at a given age.? The site index will be determined using the applicable Integrated Moisture Index (IMI) as shown on Appendix 4 of this rule.

???? 3.17. ?Stumpage Price? means the market value of standing trees (on the stump) prior to felling and removal, and is expressed in dollars per unit of volume (MBF or cords).? For appraisal purposes, real stumpage price will be adjusted to real price changes over various harvest periods (i.e., 35,45, 55 or 80 years) during the 80 year rotation cycle.? The real price? change shall be determined using historical West Virginia? saw timber and pulpwood prices? based upon 16 inch (dbh) logs? provided by the West Virginia Division of Forestry? (i.e. data from the last 20 years or more depending on data availability). . Stumpage price projections over various harvest periods shall be calculated using the real price change derived from historical saw timber and pulpwood prices in West Virginia. Thus, since stumpage prices provided by the Division of Forestry are in nominal terms, those prices shall be converted to real dollars (i.e. real terms) before stumpage projections are calculated.? A five-year weighted moving average shall be computed in order to minimize the effects of short-term fluctuations.? Stumpage prices shall be computed for each stumpage price region in order to reflect regional differences in markets, topography, and accessibility.

????? 3.18.? ?Stumpage Price Region? means a geographical region of the State, usually consisting of several counties, in which conditions of the timber, timber markets, topography, and accessibility are sufficiently similar to result in similar stumpage prices at any given time.? The counties involved in each stumpage price region have been identified by the Division of Forestry and are found in Appendix 3 of this rule.

???? 3.19. ?Timber? means trees of any marketable species, whether planted or of natural growth, standing or down, located on public or privately owned land, which are suitable for commercial or industrial use.

????? 3.20. ?Timberland (Woodland/Wasteland)? means any surface real property, except Managed Timberland and farm woodlots of not less than ten contiguous acres, which is primarily in forest and which has, in consideration of their size, sufficient numbers of commercially-valuable species of trees to constitute at least forty percent (40%) normal stocking of forest trees, as shown Appendix 2 of this rule, which are well distributed over the growing site.? Additionally, land that has been recently harvested of merchantable timber and is growing into or being planted as a new forest may be classified as timberland.

? 110-1H-4. Classification of Timberland and Managed Timberland.

??? 4.1. Managed Timberland.? --? For property to qualify for managed timberland valuation, the owner of the surface real property identified on the county tax mapping system shall annually certify in writing to the Division of Forestry that the property satisfies the requirements of managed timberland, as defined in Section 3 of this rule, and enter into a contract with the Division of Forestry to use the real estate in a planned program of multiple purpose forest management, including erosion control during timbering operations, as specified in the West Virginia Forest Practices Standards and the West Virginia Silvicultural Nonpoint Source Management Program, and as explained in? Section 13 of this rule.? Multipurpose forest management contemplates the periodic selection of timber on the property for harvesting as an integral part of silvicultural management practices.? The silvicultural manipulation subjects the property to periodic commercial use that may have an effect on the property's classification for property tax purposes.? Therefore, in recognition of the silvicultural manipulation, the following guidelines shall be observed by the Division of Forestry when classifying managed timberland for property tax purposes.

???? 4.1.1. Property containing managed timberland, which may have been properly taxed as Class II property prior to the managed timberland application, shall remain as Class II property unless there is some other event or change in the use of the property that disqualifies it from being taxed as Class II property.

??????? 4.1.2. Property containing managed timberland, which may have been properly taxed as Class III or Class IV property prior to the managed timberland application, shall be taxed as Class III or Class IV property depending upon location.

??? 4.2. Timberland.? --? Timberland shall be taxed as Class II, Class III, or Class IV property in accordance with provisions of West Virginia Code ? 11-8-5.? In order for timberland to be taxed as Class II property, the timberland shall be used and occupied by the owner exclusively for residential purposes.? (This section does not apply to farm woodlots - See, Valuation of Farmland and Structures Situated Thereon For Ad Valorem Property Tax Purposes, 110 C.S.R. 1H, ? 110-1H-5.)

??? 4.3. Surface less timber -- Property where the owner of the surface does not include the timber rights is not eligible for managed timberland classification and shall be valued by the assessor.

??? 4.4. Timber -- Property where the owner of the timber rights does not include the surface, is not eligible for managed timberland classification and shall be valued by the assessor.

? 110-1H-5. Valuation of Farm Wood Lots.

??? Farm wood lots shall be included in the valuation of farm property under W. Va. Code

? 11-1A-10, except when the farm wood lot is a separate parcel or tract entered in the land books, and/or except when the primary use of the farm wood lot is in commercial forestry or in a managed timberland contract.

? 110-1H-6. Timberland Improvements.

??? Improvements such as roads and service buildings that are a required (usual) part of timber management operations are not subject to an additional market value appraisal over and above the appraisal of the managed timberland.? Improvements that are not a necessary part of the timber management operations, such as dwellings, cottages, hunting camps, other recreational facilities, and associated real estate are subject to additional market value appraisals.? Additionally, haul roads, strip and/or mountaintop removal mines, plant facilities, powerline and gas/oil pipeline rights-of-way, and gas/oil well pads shall not be valued as managed timberland.

? 110-1H-7. Appraised Value of Timberland.

??? The appraised value per acre of timberland shall be determined based upon market comparables and shall be estimated by the county assessor.? There are at least five (5) various timberland rates based on the timberland classification schedule described in Appendix 1 of this rule.? Assessors shall tri-annually review and grade these non-managed timberland properties in order to assign the proper rate per acre to the property.? The rate per acre shall be established by the assessor in conformity with requirements of subsection 2.2 of this rule.

? 110-1H-8. Valuation of Less Than 10 Acres.

??? A parcel, or contiguous parcels, of timberland totaling less than ten (10) acres shall not be considered for classification as managed timberland and shall be valued by the county assessor based upon market comparables.

? 110-1H-9. Harvest Volumes Per Acre

??? Harvest Volumes per acre shall be based on site index and the ability of the site to yield timber measured in thousands of board feet (MBF) per acre (Scribner rule) or cords per acre with harvest intervals at thirty-five (35), fifty-five (55) and eighty (80) years for Grade 1 and Grade 2 soils, and at forty-five (45) and eighty (80) years for Grade 3 soil.?

? 110-1H-10. Appraised Value Per Acre of Managed Timberland.

??? The appraised value per acre of managed timberland is the present worth of an infinite periodic net income from the land less a property tax adjustment for Class II, and a blend of Class III and Class IV tax rates for Class III and Class IV properties using, for all measures required by this rule to compute such appraised value per acre of managed timberland, real values and not nominal values. Except as required by the provisions of subsection 2.2 of this rule, in no case shall the appraised value per acre for any grade of managed timberland in any county be less than eighty percent of the value per acre of the comparable grade of managed timberland in the immediately preceding tax year in that same county. ? The appraised value is the net present worth of all revenues and costs associated with growing timber on the land in perpetuity.? Net income is the difference between projected revenues (e.g. harvest revenues in years 35, 55 and 80) and projected costs (e.g. management costs).

? 110-1H-11. Procedure for Determining Value Per Acre of Managed Timberland.

??? The following is a step-by-step procedure for determining the appraised value per acre of managed timberland.?

??? 11.1. The Tax Commissioner shall enter the surface ownership maps (typically 1 inch = 400 feet or 1 inch = 800 feet)? into a Geographic Information System (GIS).? The GIS shall be used to register the surface ownership parcels to the same geographic coordinate system and scale as that of the Integrated Moisture Index.? This process allows the calculation of the area of each soil productivity grade in each parcel.????

??? 11.2. Average stumpage price (5 year weighted moving average) is determined by the State Tax Commissioner, based on stumpage price reports from the Division of Forestry and other available sources.

??? 11.3. Total harvest income per acre over a rotation cycle of thirty-five (35) years, fifty-five (55) years and eighty (80) years for Grade 1 and 2 soils, and forty-five (45) years and eighty (80) years for Grade 3 soils shall be? compounded at the end of the rotation (i.e. harvest income value at year 80) less applicable state and federal? tax payments, if any.

???? 11.4.? End of rotation (80 year) total management costs per acre shall be determined by? compounding the annual management costs at the end of the rotation (i.e. management cost value in year 80) using the after tax management costs and accrued interest on those costs.

???? 11.5.? Appraised value per acre for managed timberland shall be determined by first deducting the cumulative end of rotation total management costs from the cumulative end of rotation total harvest income per acre as defined in paragraph 3.7 of this rule; second, calculating the present worth of that difference, assuming an infinite periodic income from the managed timberland; and third, adjusting that value by the annual ad valorem property tax rate (either Class II or a blended Class III/IV).

??? 11.6. The GIS shall be used to calculate the appraised value of managed timberland property on an annual basis.? The appraised value of each managed timberland property shall be calculated using the formula found in Appendix 6 of this rule.

??? ??????? 11.6.1. Those acreages involved in a managed timberland application where the use of the property is not for managed timberland purposes (e.g., homesite, pasture, tillable, recreation, stripmine, etc.) shall not be classified as managed timberland and shall be appraised by the county assessor.

? 110-1H-12. Capitalization Rate.

The average statewide capitalization rate (based on a 5-year weighted moving average of various components) for managed timberland shall be determined annually by the Tax Commissioner through the use of generally accepted methods of determining those rates.? The rate shall be based on the assumption of a discounted cash flow model based upon harvest intervals reflected in Appendix 4 of this rule.? The capitalization rate used to value managed timberland shall be developed considering the following:

????? 12.1. Discount Component. -- The summation technique shall be used in developing a discount component of the capitalization rate.? The five subcomponents of the discount component are:

? 12.1.1. Safe Rate. -- The safe rate shall reflect a rate of return that an investor could expect on an investment of minimal risk.? This rate shall be developed through weighted averages of interest rates offered on five-year United States Treasury Bills for the five years immediately preceding the appraisal date.

12.1.2. Non-liquidity Premium. -- The non-liquidity premium rate shall be developed through an annual review to determine a reasonable estimate of time that timberland, when exposed for sale, remains on the market before being sold.? The time thus determined shall be used to identify United States Treasury Bills with similar time differentials in excess of thirteen-week Treasury Bills.? The interest differential between these securities shall be used to represent the nonliquidity rate.? For example, if it is determined that a tract of timberland remains on the market for an average of nine months (39 weeks) before being sold, the nonliquidity rate shall be derived by subtracting the rate on 13-week Treasury Bills from the rate on one year Treasury Bills.? This review shall consider the weighted average of these differences for a five year period immediately preceding the appraisal date.

12.1.3?? Default Risk Premium ? The Default Risk Premium, being the premium added to the safe rate to compensate for the chance that the obligor will default on a loan, is the difference between the rate on a U.S. Treasury Bond and the average rate on investment grade corporate bonds, (i.e. rate on AAA, AA, A and BBB rated bonds) of equal maturity and marketability.?? The Default Risk Premium will take into account the weighted average of these differences for a five-year period immediately preceding the appraisal date.

12.1.4. Management Rate. -- The management rate represents the cost of managing the investment, not the cost of managing the timberland.? Historically, the management rate has been one-half of one percent (0.5%); therefore, this rate shall be considered the industry standard for current applications.

12.1.5. Discount Component. -- In determining the discount component of the capitalization rate, the Tax Commissioner shall take the sum of the safe rate, the nonliquidity rate, the default risk rate, and the management rate.? The resulting discount rate is a nominal discount rate.?

???? 12.2. Property Tax Component. -- The property tax component shall be derived by multiplying the assessment rate by the statewide five year weighted average of tax rates on Class II and on a blended rate for Class III and Class IV properties.? The discounted property tax rates shall be deducted from the discounted difference between total cumulative harvest income and end of rotation management costs.

? 110-1H-13. Application for Certification and Valuation as Managed Timberland.

??? In order to qualify, under the provisions of this rule, for managed timberland valuation purposes, the owner of the timberland shall, on or before the first day of September, enter into a contract with the Division of Forestry.? The contract shall state that the real estate is being used in a planned program of timber management and erosion control practices intended to enhance the growth of commercially desirable species through generally accepted silvicultural practices and the use of Best Management Practices as specified in the West Virginia Forest Practice Standards and the West Virginia Nonpoint Source Management Program. The contract shall be assignable with the sale of the land when the land is sold to be used for managed timberland purposes.? Annually, on or before September 1, the owner shall file an application for certification as managed timberland with the Division of Forestry.? The application shall include either (a) a commitment to maintain and protect timberland certified as managed timberland by demonstrating land-use objectives to include resource management and soil and water protection; or (b) a written plan prepared by a professional forester. Falsification of certification or failure to follow a professionally prepared plan shall result in loss of valuation as managed timberland.? In any event, the following information shall be provided:

??? 13.1.? The county, district, map, parcel number, deed book surface acreage and actual surveyed surface acreage, if available, for each parcel that is to be valued as managed timberland;

??????? 13.1.1. The amount of acreage in each parcel that should be classified as managed timberland.? For those properties where managed timberland acreage is different than deed acreage, information identifying the use of the non-managed acreage is required;?

??????? 13.1.2. The signature of owner (including all fractional interests) acknowledging that the contract with the Division of Forestry has been annually reviewed and approved and that the property is being managed in accordance with the Best Management Practices for forestry as outlined in the West Virginia Forest Practice Standards and the Best Management Practices for water quality as outlined in the West Virginia Nonpoint Source Management Program.? If a written plan is provided in accordance with Section 13 of this rule, that plan shall be approved and signed by a registered timber management forester.

??? 13.2. The Division of Forestry shall, on or before October 1 of each year, provide the State Tax Commissioner with a copy of the certifications and reports and provide a list of those properties certified as managed timberland and those denied certification.? After the October 1 report is filed, the Division of Forestry has until January 15 of the next calendar year to review any applications questioned by the State Tax Commissioner or county officials.

??? 13.3. The property owner whose managed timberland application was denied or who has been refused certification pending demonstration of specific facts may, on or before November 1 of the assessment year, file an appeal of the denial or file the requested data with the Director of the Division of Forestry.? On or before the following December 1, the Division of Forestry shall advise the Tax Commissioner of any changes of application denials.

? 110-1H-14. Summary of Method of Determining Appraised Value.

??? The formula to be used in determining the appraised value of property categorized as managed timberland is found in Appendix 5 of this rule.

APPENDIX 1

Timberland Classification Schedule

Class ?A?

This land is adaptable for use as forest property.? It may be adaptable to other profitable uses.? There is a stand of trees of commercial species, the size being from fourteen (14) to twenty (20) inches d.b.h. and above.

Class ?B?

This land is also adaptable for use as forest property.? It may be adaptable for other profitable uses.? There is a stand of trees of commercial species, the size being from ten (10) to fourteen (14) inches d.b.h.

Class ?C?

??????????? This land is adaptable for use as forest property.? There is a stand of trees of commercial species, the size being from six (6) to ten (10) inches d.b.h.

Class ?D?

This land is adaptable for use as forest property.? There is a stand of trees of commercial species, the size being from four (4) to six (6) inches d.b.h.

Class ?E?

This land is adaptable for use as forest property.? There are trees of commercial species less than four (4) inches d.b.h.? This class of timberland also includes clear cut property and property subjected to total harvest where the remaining commercial species are less than four (4) inches d.b.h.

APPENDIX 2

Minimum Number of Trees Required Per Acre to Determine

30 Square Feet of Tree Basel Area of 40%

Stocking for Classification as Forest Land

D.B.H Range	D.B.H. in 2? Classes	Basel Area Per Tree	Per Acre	Per 1/5 Acre	Per 1/10 Acre
Up to 2.9?	Seedlings		400	80	40
3.0-4.9?	4	0.0873	400	80	40
5.0-6.9?	6	0.1964	153	31	15
7.0-8.9?	8	0.3491	86	17	9
9.0-10.9?	10	0.5454	55	11	6
11.0-12.9?	12	0.7854	38	8	4
13.0-14.9?	14	1.0690	28	6	3
15.0?+	16+	1.3983+	21	4	2

NOTE:

??? (a) Area 1/5 acre, circle, diameter 105'4?; square 93.4? per side

??? (b) Area 1/10 acre; circle, diameter 74'6?; square 66'

??? (c) Number of seedlings present may qualify on a percentage basis; Example, 100 seedlings would be equivalent of 7.5 square feet of basal area (25% x 30 - 7.5)

? (d) Seedlings per acre are based on total pine and hardwood stems.? Where intensive pine management is practiced a minimum of 250 well distributed pine seedlings will qualify.

APPENDIX 3

Stumpage Price Regions

Region 1	Region 2	Region 3	Region 4	Region 5
Brooke	Braxton	Barbour	Berkeley	Boone
Cabell	Calhoun	Greenbrier	Grant	Fayette
Hancock	Clay	Monroe	Hampshire	Kanawha
Jackson	Doddridge	Nicholas	Hardy	Lincoln
Marshall	Gilmer	Pendleton	Jefferson	Logan
Mason	Harrison	Pocahontas	Mineral	McDowell
Ohio	Lewis	Preston	Morgan	Mercer
Pleasants	Marion	Randolph		Mingo
Putnam	Monongalia	Tucker		Raleigh
Tyler	Ritchie	Upshur		Summers
Wetzel	Roane	Webster		Wayne
Wood	Taylor			Wyoming
	Wirt

APPENDIX 4

TABLE OF HARVEST VOLUMES PER ACRE WITH HARVEST INTERVALS OVER AN 80 YEARS ROTATION CYCLE

	35 Years	55 Years	80 Years	Total
Grade 1
IMI ≥ 45	4.6 Cords	2.6 Cords	3.3 Cords	10.5 Cords
(Very Good to Execllent)	1.5 MBFs	4.4 MBFs	8.6 MBFs	14.5 MBFs
Grade 2
IMI ≥ 30 AND ≤ 44.99	3.3 Cords	7.0 Cords	4.6 Cords	14.9 Cords
(Fair to Good)	1.0 MBFs	4.4 MBFs	8.6 MBFs	14.5 MBFs
Grade 3
IMI ≤ 29.99	3.1 Cords	15.4 Cords	18.5 Cords
(Poor)	8 MBFs	3.7 MBFs	4.5 MBFs

Scribner rule.? Schnur, G. Luther.? UNITED STATES DEPARTMENT OF AGRICULTURE Tech. Bul. No. 560. 1937.? The Tax Commissioner may adopt a different timber scale and revise yields as standards of timber utilization change or as new information becomes available on timber yields of forest stands.

APPENDIX 5

For Class II Parcels:

??? Appraised Value Per Acre = ((Future Value of Harvest Revenues ? Future Value of Management Costs)/((1 + Real Discount Rate)ⁿ) -1)) less discounted property tax Class II rate.

Where:

n = 80 years

Future Value of Harvest Revenues ? value of harvest revenues in year 80 using compounding formula below

Vn = Vo(1 + i)ⁿ- 1

Where:? Vo = harvest revenue in year o ) (i.e. 35, 45, 55 or 80)

??????????? ?? i = capitalization rate

??????????? ?? n = rotation length

??????????? ? Vn = future value of harvest revenues

Future Value of Management Costs ? value of management costs in year 80 using the formula for calculating the future value of a terminating annual series as given below:

Vn = a{(1 + i)ⁿ? 1/i}

Where:?? a = annual management costs

??????????? ?? i = capitalization rate

??????????? ?? n = rotation length

??????????? ? Vn = future value of management costs

For Class III & IV Parcels:

Same formula except the discounted property tax rate for Class III and Class IV properties is used.?? Until the present natural resource and county computer systems can be programmed to change appraisals based on tax classifications or until a new computerized appraisal system can be put into effect, the property tax discount shall be a blended rate including both Class III and Class IV rates.

APPENDIX 6

??? AV = (P1V1) + (P2V2) + (P3V3)

Where:

AV = Property Appraised Value

P1 = Total Acreage of Parcel in Soil Productivity Grade 1

P2 = Total Acreage of Parcel in Soil Productivity Grade 2

P3 = Total Acreage of Parcel in Soil Productivity Grade 3

V1 = Value of Soil Productivity Grade 1

V2 = Value of Soil Productivity Grade 2

V3 = Value of Soil Productivity Grade 3

(j) The legislative rule effective on June 29, 1964, authorized under the authority of article one, chapter eleven of this code, relating to the Tax Division (revision of levy estimates, 110 CSR 8), is repealed.

(k) The legislative rule effective on September 16, 1966, authorized under the authority of article ten, chapter eleven of this code, relating to the Tax Division (inheritance and transfer tax, 110 CSR 11), is repealed.

(l) The legislative rule effective on January 1, 1974, authorized under the authority of section five-a, article ten, chapter eleven of this code, relating to the Tax Division (annual tax on incomes of certain carriers, 110 CSR 12A), is repealed.

(m) The legislative rule effective on April 4, 1988, authorized under the authority of section five, article ten, chapter eleven of this code, relating to the Tax Division (telecommunications tax, 110 CSR 13B), is repealed.

(n) The legislative rule effective on May 1, 1996, authorized under the authority of section three, article thirteen-i, chapter eleven of this code, relating to the Tax Division (tax credit for employing former members of Colin Anderson Center, 110 CSR 13I), is repealed.

(o) The legislative rule effective on May 1, 1999, authorized under the authority of section seven, article thirteen-m, chapter eleven of this code, relating to the Tax Division (tax credits for new value-added, wood manufacturing facilities, 110 CSR 13M), is repealed.

(p) The legislative rule effective on May 1, 1999, authorized under the authority of section seven, article thirteen-n, chapter eleven of this code, relating to the Tax Division (tax credits for new steel, aluminum and polymer manufacturing operations, 110 CSR 13N), is repealed.

(q) The legislative rule effective on May 1, 1995, authorized under the authority of section five, article ten, chapter eleven of this code, relating to the Tax Division (business investment and jobs expansion tax credit, corporation headquarters relocation tax credit and small business tax credit, 110 CSR 13C), is repealed.

(r) The legislative rule effective on April 4, 1988, authorized under the authority of section one, article one-a, chapter eleven of this code, relating to the Tax Division (appraisal of property for periodic statewide reappraisals for ad valorem property tax purposes, 110 CSR 1), is repealed.

?64-7-4. Banking Commissioner.

?(a) The legislative rule effective on April 23, 1982, authorized under the authority of section four, article three, chapter thirty-one-a of this code, relating to the Banking Commissioner (West Virginia Consumer Credit and Protection Act, 106 CSR 8), is repealed.

(b) The procedural rule effective on January 10, 1975, authorized under the authority of section two, article three, chapter thirty-one-a of this code, relating to the Banking Commissioner (West Virginia Board of Banking and Financial Institutions, 107 CSR 5), is repealed.

?64-7-5. Office of the Insurance Commissioner.

(a) The legislative rule effective on May 16, 1997, authorized under the authority of section four, article twenty-five-a, chapter thirty-three of this code, relating to the Office of the Insurance Commissioner (utilization management, 114 CSR 51), is repealed.

(b) The legislative rule effective on December 28, 1981, authorized under the authority of

section ten, article two, chapter thirty-three of this code, relating to the Office of the Insurance

Commissioner (Medicare supplement insurance coverage, 114 CSR 17), is repealed.

?64-7-6. Lottery Commission.

The Legislature directs the Lottery Commission to promulgate the legislative rule filed in the State Register on May 20, 2009, authorized under the authority of section four hundred two, article twenty-two-b, chapter twenty-nine of this code, relating to the Lottery Commission (limited video lottery, 179 CSR 5), with the amendment set forth below:

On page 3, after subsection 2.11, by adding a new subsection 12.2 to read as follows:

2.12. ?Licensed limited video lottery location approved by the commission? as it appears in W. Va. Code, ?29-22B-1201(a) means the location in excess of the following straight-line distances from any of the following places:

2.12.a. The location is at least one hundred fifty feet from, or has an external structural connection not amounting to a common internal wall to, a premises that already has a retail license for video lottery terminals? or the perimeter of a public park;

2.12.b. The location is at least three hundred feet from a church, school or daycare center; or

12.12.c. The location is at least one hundred fifty feet from a business that sells petroleum products capable of being used as fuel in an internal combustion engine.?

And,

By renumbering the remaining subsections.

??????????? And,

??????????? By amending the title of the bill to read as follows:

Com. Sub. for S. B. 157 - ?A Bill to amend and reenact article seven, chapter sixty-four of the Code of West Virginia, 1931, as amended, relating generally to promulgation of administrative rules by Department of Revenue; relating generally to repealing certain legislative, procedural or interpretive rules promulgated by certain agencies and boards under the Department of Revenue which are no longer authorized or are obsolete; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee;? authorizing certain of the agencies to promulgate certain legislative rules with various amendments presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various amendments recommended by the Legislature; directing various agencies to amend and promulgate certain legislative rules; authorizing Alcohol Beverage Control Commission to promulgate legislative rule relating to nonintoxicating beer licensing and operations procedures; authorizing Alcohol Beverage Control Commission to promulgate legislative rule relating to private club licensing; authorizing Alcohol Beverage Control Commission to promulgate legislative rule relating to distilleries and mini-distilleries; authorizing the Racing Commission to promulgate legislative rule relating to thoroughbred racing; authorizing Racing Commission to promulgate legislative rule relating to pari-mutuel wagering;? authorizing Department of Revenue to promulgate legislative rule relating to payment of taxes by electronic funds transfer; authorizing Department of Revenue to promulgate legislative rule relating to an exchange of information agreement between Commissioner of the Tax Division of the Department of Revenue and Secretary of the Department of Commerce, Secretary of State, Secretary of the Department of Environmental Protection, Director of the Division of Forestry of the Department of Commerce and Commissioners of the Public Service Commission; repealing certain legislative and procedural rule promulgated by certain agencies and boards under the Department of Revenue; repealing the Tax Division legislative rule relating to listing of interests in natural resources for purposes of first statewide appraisal; repealing the Tax Division legislative rule relating to guidelines for assessors to assure fair and uniform nonutility personal property values; repealing the Tax Division legislative rule relating to review by circuit court on certiorari; repealing the Tax Division legislative rule relating to review of appraisals by the county commission sitting as an administrative appraisal review board; repealing the Tax Division legislative rule relating to additional review and implementation of property appraisals; repealing the Tax Division legislative rule relating to review by circuit court on certiorari; directing the State Tax Department to amend and promulgate legislative rule relating to valuation of timberland and managed timberland; repealing the Tax Division legislative rule relating to revision of levy estimates; repealing the Tax Division legislative rule relating to inheritance and transfer tax; repealing the Tax Division legislative rule relating to annual tax on incomes of certain carriers; repealing the Tax Division legislative rule relating to the telecommunications tax; repealing the Tax Division legislative rule relating to tax credit for employing former members of Colin Anderson Center; repealing the Tax Division legislative rule relating to tax credits for new value-added, wood manufacturing facilities; repealing the Tax Division legislative rule relating to tax credits for new steel, aluminum and polymer manufacturing operations; repealing the Tax Division legislative rule relating to the business investment and jobs expansion tax credit, corporation headquarters relocation tax credit and small business tax credit; repealing the Tax Division legislative rule relating to appraisal of property for periodic statewide reappraisals for ad valorem property tax purposes; repealing the Banking Commissioner legislative rule relating to the West Virginia Consumer Credit and Protection Act; repealing the Banking Commissioner procedural rule relating to West Virginia Board of Banking and Financial Institutions; repealing the Office of the Insurance Commissioner legislative rule relating to utilization management; repealing the Office of the Insurance Commissioner legislative rule relating to Medicare supplement insurance coverage; and? directing the Lottery Commission to amend and promulgate legislative rule relating to limited video lottery.?

??????????? On motion of Delegate Cowles, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.

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

??????????? A message from the Senate, by

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

??????????? Com. Sub. for S. B. 267, Modifying removal procedure for certain county, school district and municipal officers.

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

Com. Sub. for S. B. 267 - ?A Bill to amend and reenact ?6-6-1 and ?6-6-7 of the Code of West Virginia, 1931, as amended, relating to modifying the procedure for removal of certain county, school district and municipal officers; modifying definitions; and providing political subdivisions be responsible for costs associated with removal proceedings when the outcome is in favor of a challenged officer acting in good faith.?

??????????? The question being on the passage of the bill, the yeas and nays were taken (Roll No. 578), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Shaffer.

Absent and Not Voting: Moore and O'Neal.

??????????? So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 267) passed.

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

Conference Committee Report Availability

??????????? At 4:59 p.m., the Clerk announced availability in his office of the report of the Committee of Conference on Com. Sub. for S. B. 597,? Relating generally to Health Care Authority.

??????????? At 4:59 p.m., the Clerk announced availability in his office of the report of the Committee of Conference on Com. Sub. for H. B. 4174, Exempting activity at indoor shooting ranges from the prohibition of shooting or discharging a firearm within five hundred feet of any church or dwelling house.

Messages from the Senate

??????????? A message from the Senate, by

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

??????????? Com. Sub. for S. B. 298, Allowing restaurants, private clubs and wineries sell alcoholic beverages on Sundays.

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

Com. Sub. for S. B. 298 - ?A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated ?7-1-3pp; to amend and reenact ?11-16-18 of said code; to amend and reenact ?60-4-3a and ?60-4-3b of said code; to amend and reenact ?60-7-12 of said code; and to amend and reenact ?60-8-34 of said code, all relating to regulation of alcoholic liquor, wine and non-intoxicating beer generally; allowing county commissions to conduct a county option election on the question of whether to allow restaurants, private clubs, Class A retailers, wineries and wine serving entities to sell alcoholic liquors, wine and non-intoxicating beer as their licenses allow, and distilleries and mini-distilleries to offer complimentary samples of alcohol beginning at 10:00 a.m. on Sundays for on-premises consumption only; and establishing publication requirements for providing notice of election.?

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 579), and there were--yeas 83, nays 13, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Frich, Hicks, Marcum, Moye, Perdue, R. Phillips, Rodighiero, Rowan, Shaffer, Sobonya, Sponaugle, P. White and Mr. Speaker, Mr. Armstead.

Absent and Not Voting: Lane, McCuskey, Moore and Rowe.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 298) passed.

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

A message from the Senate, by

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

S. B. 311, Allowing permanent exception for mortgage modification or refinancing loan under federal Making Home Affordable program.

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

S. B. 311 - ?A Bill to amend and reenact ?31-17-8 and ?31-17-17 of the Code of West Virginia, 1931, as amended, all relating to exceptions from certain requirements for certain mortgage modifications or refinancing loans; authorizing exception from certain requirements for mortgage modifications or refinancing loans made in participation with and in compliance with the federal Homes Affordable Modification Program or any other mortgage modification or refinancing loan eligible under any government sponsored enterprise requirements or funded through any federal or state program or litigation settlement; and allowing exceptions from nullification or actions brought for certain mortgage modifications or refinancing loans made in participation with and in compliance with the federal Homes Affordable Modification Program or any other mortgage modification or refinancing loan eligible under any government sponsored enterprise requirements or funded through any federal or state program or litigation settlement.?

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 580), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

Absent and Not Voting: Lane, McCuskey, Moore and Rowe.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 311) passed.

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

A message from the Senate, by

The Clerk of the Senate, announced that the Senate had refused to concur in the amendment of the House of Delegates and requested the House to recede from its amendment to

Com. Sub. for S. B. 378, Relating to truancy intervention.

On motion of Delegate Cowles, the House of Delegates refused to recede from its amendment and requested the Senate to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.

Whereupon,

The Speaker appointed as conferees on the part of the House of Delegates the following:

Delegates Cowles, Zatezalo and Byrd.

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

A message from the Senate, by

The Clerk of the Senate, announced that the Senate had refused to concur in the amendment of the House of Delegates and requested the House to recede from its amendment to

Com. Sub. for S. B. 454, Licensing and regulating medication-assisted treatment programs for substance use disorders.

On motion of Delegate Cowles, the House of Delegates refused to recede from its amendment, insisting on its position.

??????????? A message from the Senate, by

??????????? The Clerk of the Senate, announced concurrence in the House of Delegates amendment, with amendment, and the passage, as amended, of a bill of the House of Delegates, as follows:

??????????? Com. Sub. for S. B. 621, Exempting taxicab companies with independent contract drivers from providing workers? compensation coverage.

??????????? On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendments with further amendment:

On page two, section one, subsection (b), by deleting all of subdivision (8) and inserting a new subdivision (8) to read as follows:

?(8) Taxicab drivers of taxicab companies operating under Article 2, Chapter 24Aof this code, who provide taxicab service pursuant to a written or electronic agreement that identifies the taxicab driver as an independent contractor consistent with the United States Internal Revenue code requirements for persons acting as independent contractors: Provided, that any such taxicab driver identified as an independent contractor shall not be eligible for workers compensation benefits under this chapter as an employee of the taxicab company.?

On page two, section one, subsection (8), by striking-out the words ?Taxicab drivers for a taxi company operating under? and inserting in lieu thereof the words ?Taxicab companies for taxicab drivers operating under?.

??????????? The question being on the passage of the bill as amended by the Senate and further amended by the House, the yeas and nays were taken (Roll No. 581), and there were--yeas 92, nays 4, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Fleischauer, Lynch, Pushkin and Shaffer.

Absent and Not Voting: Lane, McCuskey, Moore and Rowe.

??????????? So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 621) passed.

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

Com. Sub. for S. B. 621 - ?A Bill to amend and reenact ?23-2-1 the Code of West Virginia, 1931, as amended,? relating to exempting taxicab companies whose drivers are independent contractors from providing workers? compensation coverage for the drivers.?

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

??????????? A message from the Senate, by

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

??????????? Com. Sub. for S. B. 634, Creating William R. Laird IV Second Chance Driver?s License Act.

??????????? On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House concurred in the Senate amendment to the House of Delegates amendment as follows:

On page one, section two, line two, after the word ?costs?, by inserting the words ?to obtain a stay of the driver?s license suspension or revocation?.

On page four, section five, line thirty-seven, by striking out ?(a)? and inserting in lieu thereof ?(c)?.

On page six, section seven, line five, by striking out the word ?Commissioner? and inserting in lieu thereof the word ?commissioner?.

And,

On page seven, section nine, line one, by striking out the word ?money? and inserting in lieu thereof the word ?moneys?.

??????????? The question being on the passage of the bill, the yeas and nays were taken (Roll No. 582), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Moffatt.

Absent and Not Voting: Lane, McCuskey, Moore and Rowe.

??????????? So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 634) passed.

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

??????????? A message from the Senate, by

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

??????????? Com. Sub. for H. B. 2110, Relating generally to the tax treatment of manufacturing entities.

Speaker Pro Tempore Anderson in the Chair

??????????? Mr. Speaker, Mr. Armstead, arose from his seat and requested to be excused from voting on the passage of Com. Sub. for H. B. 2110 under the provisions of House Rule 49.

??????????? The Speaker Pro Tempore replied that any impact on Mr. Speaker, Mr. Armstead 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 Delegate from voting.

Mr. Speaker, Mr. Armstead, in the Chair

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

The following Senate amendment was reported by the Clerk:

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

?ARTICLE 6F. SPECIAL METHOD FOR APPRAISING QUALIFIED CAPITAL ADDITIONS TO MANUFACTURING FACILITIES.

?11‑6F‑2. Definitions.

As used in this article, the term:

(a) ?Certified capital addition property? means all real property and personal property included within or to be included within a qualified capital addition to a manufacturing facility that has been certified by the State Tax Commissioner in accordance with section four of this article: Provided, That airplanes and motor vehicles licensed by the Division of Motor Vehicles shall in no event constitute certified capital addition property.

(b) ?Manufacturing? means any business activity classified as having a sector identifier, consisting of the first two digits of the six‑digit North American Industry Classification System code number of thirty‑one, thirty‑two or thirty‑three or the six digit code number 211112.

(c) ?Manufacturing facility? means any factory, mill, chemical plant, refinery, warehouse, building or complex of buildings, including land on which it is located, and all machinery, equipment, improvements and other real property and personal property located at or within the facility used in connection with the operation of the facility in a manufacturing business.

(d) ?Personal property? means all property specified in subdivision (q), section ten, article two, chapter two of this code and includes, but is not limited to, furniture, fixtures, machinery and equipment, pollution control equipment, computers and related data processing equipment, spare parts and supplies.

(e) ?Qualified capital addition to a manufacturing facility? means either:

(1) All real property and personal property, the combined original cost of which exceeds $50 million to be constructed, located or installed at or within two miles of a manufacturing facility owned or operated by the person making the capital addition that has a total original cost before the capital addition of at least $100 million. If the capital addition is made in a steel, chemical or polymer alliance zone as designated from time‑to‑time by executive order of the Governor, then the person making the capital addition may for purposes of satisfying the requirements of this subsection join in a multiparty project with a person owning or operating a manufacturing facility that has a total original cost before the capital addition of at least $100 million if the capital addition creates additional production capacity of existing or related products or feedstock or derivative products respecting the manufacturing facility, consists of a facility used to store, handle, process or produce raw materials for the manufacturing facility, consists of a facility used to store, handle or process natural gas to produce fuel for the generation of steam or electricity for the manufacturing facility or consists of a facility that generates steam or electricity for the manufacturing facility, including but not limited to a facility that converts coal to a gas or liquid for the manufacturing facility's use in heating, manufacturing or generation of electricity. Beginning on and after July 1, 2011, when the new capital addition is a facility that is or will be classified under the North American Industry Classification System with a six digit code number 211112, or is a manufacturing facility that uses product produced at a facility with code number 211112, then wherever the term ?100 million? is used in this subsection, the term ?20 million? shall be substituted and where the term ?50 million? is used, the term ?10 million? shall be substituted; and that beginning on and after July 1, 2016, when the new capital addition is a facility that is or will be classified under the North American Industry Classification System with a six‑digit North American Industry Classification System code a product produced at a facility with code numbers 332992 and 332994, then wherever the term ?100 million? is used in this subsection, the term ?2 million? shall be substituted and where the term ?50 million? is used, the term ?1 million? shall be substituted; or

(2) (A) All real property and personal property, the combined original cost of which exceeds $2 ~~billion~~ million to be constructed, located or installed at a facility, or a combination of facilities by a single entity or combination of entities engaged in a unitary business, that:

(i) Is or will be classified under the North American Industry Classification System with a six digit code number 211112, 332992 or 332994; or

(ii) Is a manufacturing facility that uses one or more products produced at a facility with code number 211112;, 332992 or 332994; or

(iii) Is a manufacturing facility that uses one or more products produced at a facility described in subparagraph (ii) of this subdivision.

(B) No preexisting investment made, or in place before the capital addition shall be required for property specified in this subdivision (2). The requirements set forth in subdivision (1) of this subsection shall not apply to property specified in this subdivision (2) relating to:

(i) Location or installation of investment at or within two miles of a manufacturing facility owned or operated by the person making the capital addition;

(ii) Total original cost of preexisting investment before the capital addition of at least $100 million or $20 million; or

(iii) Multiparty projects.

(f) ?Real property? means all property specified in subdivision (p), section ten, article two, chapter two of this code and includes, but is not limited to, lands, buildings and improvements on the land such as sewers, fences, roads, paving and leasehold improvements: Provided, That for capital additions certified on or after July 1, 2011, the value of the land before any improvements shall be subtracted from the value of the capital addition and the unimproved land value shall not be given salvage value treatment.

ARTICLE 13S. MANUFACTURING INVESTMENT TAX CREDIT.

?11‑13S‑3. Definitions.

(a) Any term used in this article has the meaning ascribed by this section unless a different meaning is clearly required by the context of its use or by definition in this article.

(b) For purpose of this article, the term:

(1) ?Eligible taxpayer? means an industrial taxpayer who purchases new property for the purpose of industrial expansion or for the purpose of industrial revitalization of an existing industrial facility in this state.

(2) ?Industrial expansion? means capital investment in a new or expanded industrial facility in this state.

(3) ?Industrial facility? means any factory, mill, plant, refinery, warehouse, building or complex of buildings located within this state, including the land on which it is located, and all machinery, equipment and other real and tangible personal property located at or within the facility primarily used in connection with the operation of the manufacturing business.

(4) ?Industrial revitalization? or ?revitalization? means capital investment in an industrial facility located in this state to replace or modernize buildings, equipment, machinery and other tangible personal property used in connection with the operation of the facility in an industrial business of the taxpayer including the acquisition of any real property necessary to the industrial revitalization.

(5) ?Industrial taxpayer? means any taxpayer who is primarily engaged in a manufacturing business.

(6) ?Manufacturing? means any business activity classified as having a sector identifier, consisting of the first two digits of the six‑digit North American Industry Classification System code number, of thirty‑one, thirty‑two or thirty‑three or the six digit code number 211112.

(7) ?Property purchased for manufacturing investment? means real property, and improvements thereto, and tangible personal property but only if the property was constructed or purchased on or after January 1, 2003, for use as a component part of a new, expanded or revitalized industrial facility. This term includes only that tangible personal property with respect to which depreciation, or amortization in lieu of depreciation, is allowable in determining the federal income tax liability of the industrial taxpayer, that has a useful life, at the time the property is placed in service or use in this state, of four years or more. Property acquired by written lease for a primary term of ten years or longer, if used as a component part of a new or expanded industrial facility, is included within this definition.

(A) ?Property purchased for manufacturing investment? does not include:

(i) Repair costs, including materials used in the repair, unless for federal income tax purposes, the cost of the repair must be capitalized and not expensed;

(ii) Motor vehicles licensed by the Department of Motor Vehicles;

(iii) Airplanes;

(iv) Off‑premises transportation equipment;

(v) Property which is primarily used outside this state; and

(vi) Property which is acquired incident to the purchase of the stock or assets of an industrial taxpayer which property was or had been used by the seller in his or her industrial business in this state or in which investment was previously the basis of a credit against tax taken under any other article of this chapter.

(B) Purchases or acquisitions of land or depreciable property qualify as purchases of property purchased for manufacturing investment for purposes of this article only if:

(i) The property is not acquired from a person whose relationship to the person acquiring it would result in the disallowance of deductions under section 267 or 707(b) of the United States Internal Revenue Code of 1986, as amended;

(ii) The property is not acquired from a related person or by one component member of a controlled group from another component member of the same controlled group. The Tax Commissioner may waive this requirement if the property was acquired from a related party for its then fair market value; and

(iii) The basis of the property for federal income tax purposes, in the hands of the person acquiring it, is not determined, in whole or in part, by reference to the federal adjusted basis of the property in the hands of the person from whom it was acquired or under Section 1014(e) of the United States Internal Revenue Code of 1986, as amended.

(8) ?Qualified manufacturing investment? means that amount determined under section five of this article as qualified manufacturing investment.

(9) ?Taxpayer? means any person subject to any of the taxes imposed by article thirteen‑a, twenty‑three or twenty‑four of this chapter or any combination of those articles of this chapter.

?11‑13S‑4. Amount of credit allowed for manufacturing investment.

(a) Credit allowed. ‑‑ There is allowed to eligible taxpayers and to persons described in subdivision (5), subsection (b) of this section a credit against the taxes imposed by articles thirteen‑a, twenty‑three and twenty‑four of this chapter: Provided, That a tax credit for any eligible taxpayer operating a business activity classified as having a sector identifier, consisting of the six digit code number 211112 such eligible taxpayer must comply with the provisions of subsection (e) of this section for all construction related thereto in order to be eligible for any credit under this article. The amount of credit shall be determined as hereinafter provided in this section.

(b) Amount of credit allowable. ‑‑ The amount of allowable credit under this article is equal to five percent of the qualified manufacturing investment (as determined in section five of this article): Provided, That the amount of allowable credit under this article is equal to fifty percent of the qualified manufacturing investment (as determined in section five of this article) for any eligible taxpayer operating a business activity classified as having a sector identifier, consisting of the six digit code number 332992 or 332994. This credit ~~and~~ shall reduce the severance tax, imposed under article thirteen‑a of this chapter, the business franchise tax imposed under article twenty‑three of this chapter and the corporation net income tax imposed under article twenty‑four of this chapter, in that order, subject to the following conditions and limitations:

(1) The amount of credit allowable is applied over a ten‑year period, at the rate of one‑tenth thereof per taxable year, beginning with the taxable year in which the property purchased for manufacturing investment is first placed in service or use in this state;

(2) Severance tax. ‑‑ The credit is applied to reduce the severance tax imposed under article thirteen‑a of this chapter (determined before application of the credit allowed by section three, article twelve‑b of this chapter and before any other allowable credits against tax and before application of the annual exemption allowed by section ten, article thirteen‑a of this chapter). The amount of annual credit allowed may not reduce the severance tax, imposed under article thirteen‑a of this chapter, below fifty percent of the amount which would be imposed for such taxable year in the absence of this credit against tax: Provided, That for tax years beginning on and after January 1, 2009, the amount of annual credit allowed may not reduce the severance tax, imposed under article thirteen‑a of this chapter, below forty percent of the amount which would be imposed for such taxable year in the absence of this credit against tax. When in any taxable year the taxpayer is entitled to claim credit under this article and article thirteen‑d of this chapter, the total amount of all credits allowable for the taxable year may not reduce the amount of the severance tax, imposed under article thirteen‑a of this chapter, below fifty percent of the amount which would be imposed for such taxable year (determined before application of the credit allowed by section three, article twelve‑b of this chapter and before any other allowable credits against tax and before application of the annual exemption allowed by section ten, article thirteen‑a of this chapter): Provided, however, That when in any taxable year beginning on and after January 1, 2009, the taxpayer is entitled to claim credit under this article and article thirteen‑d of this chapter, the total amount of all credits allowable for the taxable year may not reduce the amount of the severance tax imposed under article thirteen‑a of this chapter, below forty percent of the amount which would be imposed for such taxable year as determined before application of the credit allowed by section three, article twelve‑b of this chapter and before any other allowable credits against tax and before application of the annual exemption allowed by section ten, article thirteen‑a of this chapter;

(3) Business franchise tax. ‑‑

After application of subdivision (2) of this subsection, any unused credit is next applied to reduce the business franchise tax imposed under article twenty‑three of this chapter (determined after application of the credits against tax provided in section seventeen, article twenty‑three of this chapter, but before application of any other allowable credits against tax). The amount of annual credit allowed will not reduce the business franchise tax, imposed under article twenty‑three of this chapter, below fifty percent of the amount which would be imposed for such taxable year in the absence of this credit against tax: Provided, That for tax years beginning on and after January 1, 2009, the amount of annual credit allowed will not reduce the business franchise tax, imposed under article twenty‑three of this chapter, below forty percent of the amount which would be imposed for such taxable year in the absence of this credit against tax. When in any taxable year the taxpayer is entitled to claim credit under this article and article thirteen‑d of this chapter, the total amount of all credits allowable for the taxable year will not reduce the amount of the business franchise tax, imposed under article twenty‑three of this chapter, below fifty percent of the amount which would be imposed for the taxable year (determined after application of the credits against tax provided in section seventeen, article twenty‑three of this chapter, but before application of any other allowable credits against tax): Provided, however, That when in any taxable year beginning on and after January 1, 2009, the taxpayer is entitled to claim credit under this article and article thirteen‑d of this chapter, the total amount of all credits allowable for the taxable year will not reduce the amount of the business franchise tax, imposed under article twenty‑three of this chapter, below forty percent of the amount which would be imposed for the taxable year as determined after application of the credits against tax provided in section seventeen, article twenty‑three of this chapter, but before application of any other allowable credits against tax;

(4) Corporation net income tax. ‑?

After application of subdivision (3) of this subsection, any unused credit is next applied to reduce the corporation net income tax imposed under article twenty‑four of this chapter (determined before application of any other allowable credits against tax). The amount of annual credit allowed will not reduce corporation net income tax, imposed under article twenty‑four of this chapter, below fifty percent of the amount which would be imposed for such taxable year in the absence of this credit against tax: Provided, That for tax years beginning on and after January 1, 2009, the amount of annual credit allowed will not reduce corporation net income tax, imposed under article twenty‑four of this chapter, below forty percent of the amount which would be imposed for such taxable year in the absence of this credit against tax. When in any taxable year the taxpayer is entitled to claim credit under this article and article thirteen‑d of this chapter, the total amount of all credits allowable for the taxable year may not reduce the amount of the corporation net income tax, imposed under article twenty‑four of this chapter, below fifty percent of the amount which would be imposed for the taxable year (determined before application of any other allowable credits against tax): Provided, however, That when in any taxable year beginning on and after January 1, 2009, the taxpayer is entitled to claim credit under this article and article thirteen‑d of this chapter, the total amount of all credits allowable for the taxable year may not reduce the amount of the corporation net income tax, imposed under article twenty‑four of this chapter, below forty percent of the amount which would be imposed for the taxable year as determined before application of any other allowable credits against tax;

(5) Pass‑through entities. ‑?

(A) If the eligible taxpayer is a limited liability company, small business corporation or a partnership, then any unused credit (after application of subdivisions (2), (3) and (4) of this subsection) is allowed as a credit against the taxes imposed by article twenty‑four of this chapter on owners of the eligible taxpayer on the conduit income directly derived from the eligible taxpayer by its owners. Only those portions of the tax imposed by article twenty‑four of this chapter that are imposed on income directly derived by the owner from the eligible taxpayer are subject to offset by this credit.

(B) The amount of annual credit allowed will not reduce corporation net income tax, imposed under article twenty‑four of this chapter, below fifty percent of the amount which would be imposed on the conduit income directly derived from the eligible taxpayer by each owner for such taxable year in the absence of this credit against the taxes (determined before application of any other allowable credits against tax): Provided, That for tax years beginning on and after January 1, 2009, the amount of annual credit allowed will not reduce corporation net income tax, imposed under article twenty‑four of this chapter, below forty percent of the amount which would be imposed on the conduit income directly derived from the eligible taxpayer by each owner for such taxable year in the absence of this credit against the taxes as determined before application of any other allowable credits against tax.

(C) When in any taxable year the taxpayer is entitled to claim credit under this article and article thirteen‑d of this chapter, the total amount of all credits allowable for the taxable year will not reduce the corporation net income tax imposed on the conduit income directly derived from the eligible taxpayer by each owner below fifty percent of the amount that would be imposed for such taxable year on the conduit income (determined before application of any other allowable credits against tax): Provided, That when in any taxable year beginning on and after January 1, 2009, the taxpayer is entitled to claim credit under this article and article thirteen‑d of this chapter, the total amount of all credits allowable for the taxable year will not reduce the corporation net income tax imposed on the conduit income directly derived from the eligible taxpayer by each owner below forty percent of the amount that would be imposed for such taxable year on the conduit income as determined before application of any other allowable credits against tax;

(6) Small business corporations, limited liability companies, partnerships and other unincorporated organizations shall allocate any unused credit after application of subdivisions (2), (3) and (4) of this subsection among their members in the same manner as profits and losses are allocated for the taxable year; and

(7) No credit is allowed under this article against any tax imposed by article twenty‑one of this chapter.

(c) No carryover to a subsequent taxable year or carryback to a prior taxable year is allowed for the amount of any unused portion of any annual credit allowance. Any unused credit is forfeited.

(d) Application for credit required. ‑-

(1) Application required. ‑‑ Notwithstanding any provision of this article to the contrary, no credit is allowed or may be applied under this article for any qualified investment property placed in service or use until the person claiming the credit makes written application to the Tax Commissioner for allowance of credit as provided in this section. This application shall be in the form prescribed by the Tax Commissioner and shall provide the number and type of jobs created, if any, by the manufacturing investment, the average wage rates and benefits paid to employees filling the new jobs and any other information the Tax Commissioner may require. This application shall be filed with the Tax Commissioner no later than the last day for filing the annual return, determined by including any authorized extension of time for filing the return, required under article twenty‑one or twenty‑four of this chapter for the taxable year in which the property to which the credit relates is placed in service or use.

(2) Failure to file. ‑‑ The failure to timely apply the application for credit under this section results in forfeiture of fifty percent of the annual credit allowance otherwise allowable under this article. This penalty applies annually until the application is filed.

(e) (1) Any person or entity undertaking any construction related to any business activity included within North American Industrial Code six‑digit code number 211112, the value of which is an amount equal to or greater than $500,000, shall hire at least seventy‑five percent of employees for said construction from the local labor market, to be rounded off, with at least two employees from outside the local labor market permissible for each employer per project, ?the local labor market? being defined as every county in West Virginia and any county outside of West Virginia if any portion of that county is within fifty miles of the border of West Virginia.

(2) Any person or entity unable to employ the minimum number of employees from the local labor market shall inform the nearest office of the bureau of employment programs' division of employment services of the number of qualified employees needed and provide a job description of the positions to be filled.

(3) If, within three business days following the placing of a job order, the division is unable to refer any qualified job applicants to the person or entity engaged in said construction or refers less qualified job applicants than the number requested, then the division shall issue a waiver to the person or entity engaged in said construction stating the unavailability of applicants and shall permit the person or entity engaged in said construction to fill any positions covered by the waiver from outside the local labor market. The waiver shall be either oral or in writing and shall be issued within the prescribed three days. A waiver certificate shall be sent to the person or entity engaged in said construction for its permanent project records.?

And,

By amending the title of the bill to read as follows:

Com. Sub. for H. B. 2110 - ?A Bill to amend and reenact ?11‑6F‑2 of the Code of West Virginia, 1931, as amended; and to amend and reenact ?11‑13S‑3 and ?11‑13S‑4 of said code, all relating to the tax treatment of manufacturing entities generally; amending definition of manufacturing for purposes of special method for appraising qualified capital additions to manufacturing facilities for property tax purposes; amending definition of manufacturing for purposes of manufacturing investment tax credit; amending the formula for calculating credit allowed for manufacturing investment to include Small Arms Ammunition Manufacturing and Small Arms, Ordinance and Ordinance Accessories Manufacturing; and increasing the amount of such allowable credit.?

On motion of Delegate Cowles, the House of Delegates concurred in the amendment of the Senate, with further amendment as follows:

On page three, section two, line forty-six, after the number ?2?, by striking out the word ?million? and inserting in lieu thereof the word ?billion?.

On page three, section two, line forty-nine, after the number ?211112?, by striking out the comma and the words ?332992 or 332994?.

On page three, section two, line fifty-one, after the number ?211112?, by striking out the comma and the words ?332992 or 332994?.

On page three, section two, beginning on line fifty-four, by inserting the following and renumbering the remaining paragraphs accordingly:

?(B) All real property and personal property, the combined original cost of which exceeds $2 million to be constructed, located or installed at a facility, or a combination of facilities by a single entity or combination of entities engaged in a unitary business, that is or will be classified under North American Industry Classification System with a six digit code number 332992 or 332994.?

And,

On page three, section two, on line sixty, after the word ?100 million?, by striking out? ?or $20 million? and inserting in lieu thereof a comma and ?$20 million or $2 million?.

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. 583), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Fleischauer.

Absent and Not Voting: Lane, McCuskey, Moore and Rowe.

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. 2110) passed.

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

??????????? A message from the Senate, by

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

??????????? H. B. 2494, Creating a provisional plea process in criminal cases.

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

The following Senate amendments were reported by the Clerk:

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

?That the Code of West Virginia, 1931, as amended, be amended, by adding thereto a new section, designated ?61-11-22a to read as follows:

Chapter 61. Crimes and their punishment.

ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.

?61-11-22a. Deferred adjudication.

(a) Upon the entry of a guilty plea to a felony or misdemeanor before a circuit or magistrate court of this state entered in compliance with the provisions of West Virginia Rule of Criminal Procedure 11 or Rule 10 of the West Virginia Rules of Criminal Procedure for Magistrate Courts and applicable judicial decisions, the court may, upon motion, defer acceptance of the guilty plea and defer further adjudication thereon and release the defendant upon such terms and conditions as the court deems just and necessary. Terms and conditions may include, but are not limited to, periods of incarceration, drug and alcohol treatment, counseling and participation in programs offered under articles eleven-a, eleven-b and eleven-c, chapter sixty-two of this code.

(b) If the offense to which the plea of guilty is entered is a felony, the circuit court may defer adjudication for a period not to exceed five years. If the offense to which the plea of guilty is entered is a misdemeanor, the court may defer adjudication for a period not to exceed two years.

(c) If the defendant complies with the court-imposed terms and conditions he or she shall be permitted to withdraw his or her plea of guilty and the matter dismissed or, as may be agreed upon by the court and the parties, enter a plea of guilty or no contest to a lesser offense.

(d) In the event the defendant is alleged to have violated the terms and conditions imposed upon him or her by the court during the period of deferral the prosecuting attorney may file a motion to accept the defendant?s plea of guilty and, following notice, a hearing shall be held on the matter.

(e) In the event the court determines that there is reasonable cause to believe that the defendant violated the terms and conditions imposed at the time the plea was entered, the court may accept the defendant?s plea to the original offense and impose a sentence in the court?s discretion in accordance with the statutory penalty of the offense to which the plea of guilty was entered or impose such other terms and conditions as the court deems appropriate.

(f) The procedures set forth in this section are separate and distinct from that set forth in West Virginia Rule of Criminal Procedure 11(a)(2).?

??????????? And,

??????????? By amending the title of the bill to read as follows:

??????????? H. B. 2494 - ?A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated ?61-11-22a, relating to codifying deferred adjudication process for persons charged with felony and misdemeanor offenses in circuit and magistrate court; authorizing courts, upon motion, to defer acceptance and adjudication of entered guilty pleas for certain periods based upon severity of offense; authorizing court to impose such conditions and terms as it deems just and necessary as a condition of participation; authorizing periods of incarceration and participation in referenced programs as conditions of participation in the deferred adjudication process; authorizing acceptance of previously entered guilty plea upon violation of the terms and conditions of deferral; authorizing court to impose additional terms and conditions upon defendant if violation occurs; and clarifying that procedure hereby authorized is distinct from conditional plea under Rule 11(a)(2) of the West Virginia Rules of Criminal Procedure.?

On motion of Delegate Cowles, the House of Delegates concurred in the Senate amendments with further amendment on page one, section twenty-two-a, line ten, by striking out the word ?five? and inserting in lieu thereof the word ?three?.

??????????? 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. 584), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

Absent and Not Voting: Lane, McCuskey, Moore and Rowe.

??????????? So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2494) passed.

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

??????????? A message from the Senate, by

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

??????????? Com. Sub. for H. B. 2665, Relating to participation in Motor Vehicle Alcohol Test and Lock Program.

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

??????????? The following Senate amendments were reported by the Clerk:

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

?ARTICLE 5. SERIOUS TRAFFIC OFFENSES.

?17C-5-2b. Deferral of further proceedings for certain first offenses upon condition of participation in motor vehicle alcohol test and lock program; procedure on charge of violation of conditions.

(a) Except as provided in subsections (g) of this section, whenever any person who has not previously been convicted of any offense under this article or under any statute of the United States or of any state relating to driving under the influence alcohol, any controlled substance or any other drug:

(1) Notifies the court within thirty days of his or her arrest of his or her intention to participate in a deferral pursuant to this section; and

(2) Pleads guilty to or is found guilty of driving under the influence of alcohol under subsection (d), section two of this article, the court, without entering a judgment of guilt and with the consent of the accused, shall defer further proceedings and, notwithstanding any provisions of this code to the contrary, place him or her on probation, which conditions shall include that he or she successfully completes the Motor Vehicle Alcohol Test and Lock Program as provided in section three-a, article five-a of this chapter. Participation therein shall be for a period of at least one hundred and sixty five days after he or she has served the fifteen days of license suspension imposed pursuant to section two, article five-a of this chapter.

(b) A defendant=s election to participate in deferral under this section shall constitute a waiver of his or her right to an administrative hearing as provided in section two, article five-a of this chapter.

(c) (1) If the prosecuting attorney files a motion alleging that the defendant during the period of the Motor Vehicle Alcohol Test and Lock program has been removed therefrom by the Division of Motor Vehicles, or has failed to successfully complete the program before making a motion for dismissal pursuant to subsection (d) of this section, the court may issue such process as is necessary to bring the defendant before the court.

(2) A motion alleging such violation filed pursuant to subdivision (1) of this subsection must be filed during the period of the Motor Vehicle Alcohol Test and Lock Program or, if filed thereafter, must be filed within a reasonable time after the alleged violation was committed.

(3) When the defendant is brought before the court, the court shall afford the defendant an opportunity to be heard. If the court finds that the defendant has been rightfully removed from the Motor Vehicle Alcohol Test and Lock Program by the Division of Motor Vehicles, the court may order, when appropriate, that the deferral be terminated, and thereupon enter an adjudication of guilt and proceed as otherwise provided.

(4) Should the defendant fail to complete or be removed from the Motor Vehicle Alcohol Test and Lock Program, the defendant waives the appropriate statute of limitations and the defendant?s right to a speedy trial under any applicable federal or state constitutional provisions, statutes or rules of court during the period of enrollment in the program.

(d) When the defendant shall have completed satisfactorily the Motor Vehicle Alcohol Test and Lock Program and complied with its conditions, the defendant may move the court for an order dismissing the charges. This motion shall be supported by affidavit of the defendant and by certification of the Division of Motor Vehicles that the defendant has successfully completed the Motor Vehicle Alcohol Test and Lock Program. A copy of the motion shall be served on the prosecuting attorney who shall within thirty days after service advise the judge of any objections to the motion, serving a copy of such objections on the defendant or the defendant?s attorney. If there are no objections filed within the thirty-day period, the court shall thereafter dismiss the charges against the defendant. If there are objections filed with regard to the dismissal of charges, the court shall proceed as set forth in subsection (c) of this section.

(e) Except as provided herein, unless a defendant adjudicated pursuant to this subsection be convicted of a subsequent violation of this article, discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime except for those provided in article five-a of this chapter. Except as provided in subsection (k), (l) and (m), section two of this article regarding subsequent offenses, the effect of the dismissal and discharge shall be to restore the person in contemplation of law to the status he or she occupied prior to arrest and trial. No person as to whom a dismissal and discharge have been effected shall be thereafter held to be guilty of perjury, false swearing, or otherwise giving a false statement by reason of his or her failure to disclose or acknowledge his or her arrest or trial in response to any inquiry made of him or her for any purpose other than any inquiry made in connection with any subsequent offense as that term is defined in subsection (m), section two of this article.

(f) There may be only one discharge and dismissal under this section with respect to any person.

(g) No person shall be eligible for dismissal and discharge under this section: (1) In any prosecution in which any violation of any other provision of this article has been charged; (2) if the person holds a commercial driver?s license or operates commercial motor vehicle(s),; or (3) if the person has previously had his or her driver=s license revoked under section two-a of this article or under any statute of the United States or of any state relating to driving under the influence alcohol, any controlled substance or any other drug; or (4) if the person refused the secondary chemical test pursuant to section seven of this article.

(h) (1) After a period of not less than one year which shall begin to run immediately upon the expiration of a term of probation imposed upon any person under this section, the person may apply to the court for an order to expunge from all official records all recordations of his or her arrest, trial, and conviction, pursuant to this section except for those maintained by the Division of Motor Vehicles: Provided, That any person who has previously been convicted of a felony may not make a motion for expungement pursuant to this section.

(2) If the prosecuting attorney objects to the expungement, the objections shall be filed with the court within thirty days after service of a motion for expungement and copies of the objections shall be served on the defendant or the defendant?s attorney.

(3) If the objections are filed, the court shall hold a hearing on the objections, affording all parties an opportunity to be heard. If the court determines after a hearing that the person during the period of his or her probation and during the period of time prior to his or her application to the court under this subsection has not been guilty of any serious or repeated violation of the conditions of his or her probation, it shall order the expungement.

(i) Notwithstanding any provision of this code to the contrary, any person prosecuted for a violation of subsection ~~(d)~~ (e), section two, article five of this chapter whose case is disposed of pursuant to the provisions of this section shall be liable for any court costs assessable against a person convicted of a violation of subsection ~~(j)~~ (k), section two, article five of this chapter. Payment of such costs may be made a condition of probation. The costs assessed pursuant to this subsection, whether as a term of probation or not, shall be distributed as other court costs in accordance with section two, article three, chapter fifty; section four, article two‑a, chapter fourteen; section four, article twenty‑nine, chapter thirty; and sections two, seven and ten, article five, chapter sixty‑two of this code.?

And,

By amending the title of the bill to read as follows:

Com. Sub. for H. B. 2665 - ?A Bill to amend and reenact ?17C-5-2b of the Code of West Virginia, 1931, as amended, relating to deferral of further proceedings for certain first offenses of driving under the influence; making ineligible for the deferral program persons who refused the secondary chemical test; and making technical corrections.?

Delegate Cowles moved that the House of Delegates refuse to concur in the Senate amendments and request the Senate to recede therefrom.

??????????? On this motion, Delegate Sponaugle demanded the yeas and nays, which demand was sustained.

??????????? The yeas and nays having been ordered, they were taken (Roll No. 585), and there were--yeas 13, nays 83, absent and not voting 4, with the yeas and absent and not voting being as follows:

Yeas: Speaker Armstead, Ambler, Anderson, Canterbury, Cooper, Cowles, Gearheart, Hanshaw, Ireland, Miller, O?Neal, Romine and Upson.

Absent and Not Voting: Lane, McCuskey, Moore and Rowe.

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

??????????? The bill, as amended by the Senate, was then put upon its passage.

??????????? On the passage of the bill, the yeas and nays were taken (Roll No. 586), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

Absent and Not Voting: Lane, McCuskey, Moore and Rowe.

??????????? 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. 2665) passed.

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

??????????? A message from the Senate, by

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

??????????? Com. Sub. for H. B. 2897, Young Entrepreneur Reinvestment Act.

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

??????????? The following Senate amendments were reported by the Clerk:

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

?That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated ?59-1-2c; and by adding thereto a new section, designated ?59-1-2d to read as follows:

ARTICLE 1. FEES AND ALLOWANCES.

?59-1-2c. Young Entrepreneur Reinvestment Act; certain fees waived.

(a) Beginning on July 1, 2016, a person who is under the age of thirty who resides within West Virginia is exempt from paying the fees provided in section two of this article for filing:

(1) Articles of incorporation of a domestic, for-profit corporation, for which he or she is an incorporator;

(2) Articles of incorporation of a domestic, nonprofit corporation for which he or she is an incorporator;

(3) Articles of organization of a domestic limited liability company, for which he or she is a member;

(4) Agreement of a domestic general partnership, for which he or she is a partner; or

(5) Certificate of a domestic limited partnership, for which he or she is a partner.

(b) This section is effective until and through June 30, 2018. After June 30, 2018, this section is no longer in force and effect.

?59‑1‑2d. Voluntary donation of certain refunds.

The Secretary of State shall provide a mechanism by which any overpayment of $25 or less of any fee authorized by this or any other chapter of this code to the Secretary of State may be deposited in the West Virginia Children?s Trust Fund authorized by section four hundred one, article two, chapter forty-nine of this code: Provided, That the person due the refund must voluntarily and affirmatively choose to donate the amount of the refund to the West Virginia Children?s Trust Fund.?

And,

By amending the title of the bill to read as follows:

Com. Sub. for H. B. 2897 - ?A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated ?59-1-2c and ?59-1-2d, all relating to fees paid to the Secretary of State; creating Young Entrepreneur Reinvestment Act; waiving certain fees for individuals under thirty who create certain business organizations; expiring the waiver of those fees; requiring the Secretary of State to develop a mechanism for the deposit of the overpayment of certain fees into the Children?s Trust Fund; and requiring that the individual due the refund voluntarily and affirmatively chooses to donate the amount of the overpayment.?

??????????? On motion of Delegate Cowles, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.

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

??????????? A message from the Senate, by

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

??????????? Com. Sub. for H. B. 4001, Relating to candidates or candidate committees for legislative office disclosing contributions.

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

??????????? The following Senate amendments were reported by the Clerk:

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

?ARTICLE 8. REGULATIONS AND CONTROL OF ELECTIONS.

?3-8-15. Disclosure of fund-raising events during legislative session.

(a) In addition to other reporting required under this article, any current Governor, State Senator, or member of the House of Delegates who has declared his or her candidacy for election and who has a fund-raising event, as defined in section one-a of this article, while the Legislature is in Regular Session, shall disclose the existence of the event and the receipt of contributions, including the source and amounts, in accordance with the following schedule:

(1) If the fund-raising event occurs during the first thirty days of the Regular Session, within ten calendar days after the thirtieth day of the Regular Session; or

(2) If the fund-raising event occurs between days thirty-one and sixty of the Regular Session, within ten calendar days after the sixtieth day of the Regular Session.

(b) If any disclosure deadline set forth in subsections (a) or (b) falls within ten calendar days of a regularly scheduled reporting deadline under this article, then the deadline is satisfied by the filing of the regularly scheduled report.?

(c) The reporting requirements under this section also apply to current Governors, State Senators or members of the House of Delegates who fund-raise in order to retire or pay-off debt of a campaign account while the Legislature is in regular session.

(d) The Secretary of State shall prepare a form for disclosure of these contributions and publish the information on the Secretary of State?s website within one business day of the Secretary of State receiving the completed form: Provided, That in the alternative, the Secretary of State is authorized to establish a means for electronic filing and disclosure.

(e) Pursuant to article three, chapter twenty-nine-a of this code, the Secretary of State may propose rules and emergency rules for legislative approval relating to the creation and maintenance of a publically accessible database available on the Secretary of State?s website; the establishment of forms and procedures for submission of information to the Secretary of State; and for other procedures and policies consistent with this section.?

And,

By amending the title of the bill to read as follows:

Com. Sub. for H. B.? 4001 - ?A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated ?3-8-15, relating to certain disclosures of fund-raising events while Legislature is in Regular Session; requiring current Governors, State Senators and members of the House of Delegates who have declared candidacy for election to report existence of and amounts of contributions received at fund-raising events held while Legislature in regular session; setting reporting schedule; providing exception to reporting deadline in certain cases; making reporting requirement applicable to current legislators who hold fund-raising events while Legislature is in Regular Session; requiring Secretary of State to create a form for disclosure; requiring Secretary of State to timely publish information on the Secretary of State?s website; authorizing Secretary of State to establish a means for electronic filing and disclosure in the alternative; and authorizing Secretary of State to promulgate certain legislative and emergency rules.?

??????????? On motion of Delegate Cowles, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.

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

??????????? A message from the Senate, by

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

??????????? Com. Sub. for H. B. 4237, Supporting and Strengthening Families Act.

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

On pages one and two, section two,? by striking out all of subdivision (2) and inserting in lieu thereof a new subdivision, designated subdivision (2), to read as follows:

?(2) ?Qualified nonprofit organization? means a charitable or religious institution that is exempt from federal income taxation under Section 501(a) of the Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code, which assists the parent or legal guardian of a child with the process of providing for the temporary care of a child through the execution of a power of attorney as described in this section.?

And,

On page six, section four, after subsection (b), by adding thereto a new subsection, designated subsection (c), to read as follows:

?(c) A copy of each power of attorney executed pursuant to this article shall be retained by the qualified nonprofit organization for a period of three years following the conclusion of the power of attorney.? The qualified nonprofit organization shall, upon request, make these records available to the Department of Health and Human Resources.?

??????????? The bill, as amended by the Senate, was then put upon its passage.

??????????? On the passage of the bill, the yeas and nays were taken (Roll No. 587), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

Absent and Not Voting: Lane, McCuskey, Moore and Rowe.

??????????? So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4237) passed.

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

??????????? A message from the Senate, by

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

??????????? Com. Sub. for H. B. 4314, Prohibiting the sale of powdered or crystalline alcohol.

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

On page seven, section thirty-three, line one, by striking out the words ?consists solely or primarily of? and inserting in lieu thereof ?is comprised of ninety percent or more?.?

And,

By amending the title of the bill to read as follows:

Com. Sub. for H. B. 4314 - ?A Bill to amend and reenact ?60-1-5 of the Code of West Virginia, 1931, as amended; to amend and reenact ?60-3-11 of said code; to amend and reenact ?60-6-7 and ?60-6-8 of said code; and to amend said code by adding thereto a new section, designated ?61-10-33, all relating to prohibiting the sale of powdered or crystalline alcohol and pure caffeine products; defining terms; prohibiting the commissioner from listing or stocking powdered alcohol in inventory; creating a criminal offense for anyone who manufactures or sells, aids or abets in the manufacture or sale of powdered alcohol, or possesses, uses or in any other manner provides or furnishes powdered alcohol; making a second and subsequent offense a felony and providing for increased penalties; creating a? criminal offense for any licensee who sells, possesses, possesses for sale, furnishes or provides any powdered alcohol; making a second and subsequent offense a felony and providing for increased penalties; creating a criminal offense for the sale and possession of pure caffeine products; defining relevant terms; providing exclusions; and providing penalties.?

??????????? The bill, as amended by the Senate, was then put upon its passage.

??????????? On the passage of the bill, the yeas and nays were taken (Roll No. 588), and there were--yeas 92, nays 3, absent and not voting 5, with the nays and absent and not voting being as follows:

Nays: Ihle, McGeehan and Pushkin.

Absent and Not Voting: Lane, McCuskey, Moore, Reynolds and Rowe.

??????????? 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. 4314) passed.

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

??????????? A message from the Senate, by

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

??????????? H. B. 4334, Clarifying the requirements for a license to practice as an advanced practice registered nurse and expanding prescriptive authority.

??????????? On motion of Delegate Cowles, the bill was taken up for immediate consideration and the following Senate amendments were reported by the Clerk:

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

?That ?30-15-1, ?30-15-2, ?30-15-3, ?30-15-4, ?30-15-5, ?30-15-6, ?30-15-7, ?30-15-7a, ?30-15-7b, ?30-15-7c and ?30-15-8, of the Code of West Virginia, 1931, as amended, be repealed; that ?16-5-19 of said code be amended and reenacted; that ?30-7-1, ?30-7-2, ?30-7-4, ?30-7-6, ?30-7-7, ?30-7-15a, ?30-7-15b and ?30-7-15c of said code be amended and reenacted; and that said code be amended by adding thereto two new sections, designated ?30-7-15d and ?30-7-15e, all to read as follows:

CHAPTER 16.? PUBLIC HEALTH.

ARTICLE 5. VITAL STATISTICS.

?16-5-19. Death registration.

(a) A certificate of death for each death which occurs in this state shall be filed with the section of vital statistics, or as otherwise directed by the state Registrar, within five days after death, and prior to final disposition, and shall be registered if it has been completed and filed in accordance with this section.

(1) If the place of death is unknown, but the dead body is found in this state, the place where the body was found shall be shown as the place of death.

(2) If the date of death is unknown, it shall be approximated. If the date cannot be approximated, the date found shall be shown as the date of death.

(3) If death occurs in a moving conveyance in the United States and the body is first removed from the conveyance in this state, the death shall be registered in this state and the place where it is first removed shall be considered the place of death.

(4) If death occurs in a moving conveyance while in international waters or air space or in a foreign country or its air space and the body is first removed from the conveyance in this state, the death shall be registered in this state but the certificate shall show the actual place of death insofar as can be determined.

(5) In all other cases, the place where death is pronounced shall be considered the place where death occurred.

(b) The funeral director or other person who assumes custody of the dead body shall:

(1) Obtain the personal data from the next of kin or the best qualified person or source available including the deceased person's social security number or numbers, which shall be placed in the records relating to the death and recorded on the certificate of death;

(2) Within forty-eight hours after death, provide the certificate of death containing sufficient information to identify the decedent to the physician nurse responsible for completing the medical certification as provided in subsection (c) of this section; and

(3) Upon receipt of the medical certification, file the certificate of death: Provided, That for implementation of electronic filing of death certificates, the person who certifies to cause of death will be responsible for filing the electronic certification of cause of death as directed by the state Registrar and in accordance with legislative rule.

(c) The medical certification shall be completed and signed within twenty-four hours after receipt of the certificate of death by the physician or advance practice registered nurse in charge of the patient's care for the illness or condition which resulted in death except when inquiry is required pursuant to chapter sixty-one, article twelve or other applicable provisions of this code.

(1) In the absence of the physician or advance practice registered nurse or with his or her approval, the certificate may be completed by his or her associate physician, any physician who has been placed in a position of responsibility for any medical coverage of the decedent, the chief medical officer of the institution in which death occurred, or the physician who performed an autopsy upon the decedent, provided inquiry is not required pursuant to chapter sixty-one, article twelve of this code.

(2) The person completing the cause of death shall attest to its accuracy either by signature or by an approved electronic process.

(d) When inquiry is required pursuant to article twelve, chapter sixty one, or other applicable provisions of this code, the state Medical Examiner or designee or county medical examiner or county coroner in the jurisdiction where the death occurred or where the body was found shall determine the cause of death and shall complete the medical certification within forty-eight hours after taking charge of the case.

(1) If the cause of death cannot be determined within forty-eight hours after taking charge of the case, the medical examiner shall complete the medical certification with a ?Pending? cause of death to be amended upon completion of medical investigation.

(2) After investigation of a report of death for which inquiry is required, if the state Medical Examiner or designee or county medical examiner or county coroner decline jurisdiction, the state Medical Examiner or designee or county medical examiner or county coroner may direct the decedent's family physician or the physician who pronounces death to complete the certification of death: Provided, That the physician is not civilly liable for inaccuracy or other incorrect statement of death unless the physician willfully and knowingly provides information he or she knows to be false.

(e) When death occurs in an institution and the person responsible for the completion of the medical certification is not available to pronounce death, another physician may pronounce death. If there is no physician available to pronounce death, then a designated licensed health professional who views the body may pronounce death, attest to the pronouncement by signature or an approved electronic process, and, with the permission of the person responsible for the medical certification, release the body to the funeral director or other person for final disposition: Provided, That if the death occurs in an institution during court-ordered hospitalization, in a correctional facility or under custody of law-enforcement authorities, the death shall be reported directly to a medical examiner or coroner for investigation, pronouncement and certification.

(f) If the cause of death cannot be determined within the time prescribed, the medical certification shall be completed as provided by legislative rule. The attending physician or medical examiner, upon request, shall give the funeral director or other person assuming custody of the body notice of the reason for the delay, and final disposition of the body may not be made until authorized by the attending physician, medical examiner or other persons authorized by this article to certify the cause of death.

(g) Upon receipt of autopsy results, additional scientific study, or where further inquiry or investigation provides additional information that would change the information on the certificate of death from that originally reported, the certifier, or any State Medical Examiner who provides such inquiry under authority of article twelve, chapter sixty-one of this code shall immediately file a supplemental report of cause of death or other information with the section of vital statistics to amend the record, but only for purposes of accuracy.

(h) When death is presumed to have occurred within this state but the body cannot be located, a certificate of death may be prepared by the state Registrar only upon receipt of an order of a court of competent jurisdiction which shall include the finding of facts required to complete the certificate of death. The certificate of death will be marked ?Presumptive? and will show on its face the date of death as determined by the court and the date of registration, and shall identify the court and the date of the order.

(i) The local registrar shall transmit each month to the county clerk of his or her county a copy of the certificates of all deaths occurring in the county, and if any person dies in a county other than the county within the state in which the person last resided prior to death, then the state Registrar shall furnish a copy of the death certificate to the clerk of the county commission of the county where the person last resided, from which copies the clerk shall compile a register of deaths, in a form prescribed by the state Registrar. The register shall be a public record.

CHAPTER 30.? PROFESSIONS AND OCCUPATIONS.

ARTICLE 7. REGISTERED PROFESSIONAL NURSES.

?30-7-1. Definitions.

As used in this article ~~the term~~:

(a) The practice of ?advanced practice registered nurse? is a registered nurse who has acquired advanced clinical knowledge and skills preparing him or her to provide direct and indirect care to patients, who has completed a board-approved graduate-level education program and who has passed a board-approved national certification examination. An advanced practice registered nurse shall meet all the requirements set forth by the board by rule for an advance practice registered nurse which shall include, at a minimum, a valid license to practice as a certified registered nurse anesthetist, a certified nurse midwife, a clinical nurse specialist or a certified nurse practitioner.

(a) ?Advanced practice registered nurse? means a registered nurse who has acquired advanced clinical knowledge and skills preparing him or her to provide direct and indirect care to patients as a certified nurse practitioner, certified nurse-midwife, certified registered nurse anesthetist, or clinical nurse specialist, who has completed a board-approved graduate-level education program and who has passed a board-approved national certification examination.

(b) ?Board? means the West Virginia Board of Examiners for Registered Professional Nurses;

(c) ?Collaborative relationship? means a working relationship, structured through a written agreement, in which an advanced practice registered nurse may prescribe drugs in collaboration with a qualified physician;

~~(c)~~ (d) ~~The practice of~~ ?Practice of registered professional nursing? or ?registered professional nursing? means the performance for compensation of any service requiring substantial specialized judgment and skill based on knowledge and application of principles of nursing derived from the biological, physical and social sciences, such as responsible supervision of a patient requiring skill in observation of symptoms and reactions and the accurate recording of the facts, or the supervision and teaching of other persons with respect to such principles of nursing, or in the administration of medications and treatments as prescribed by a licensed physician, or a licensed dentist or a licensed advanced practice registered nurse, or the application of such nursing procedures as involve understanding of cause and effect in order to safeguard life and health of a patient and others; and

(d) ?Temporary permit? means a permit authorizing the holder to practice registered professional nursing in this state until such permit is no longer effective or the holder is granted a license by the West Virginia State Board of Examiners for Registered Professional Nurses.

?30-7-2. License required to practice.

(a) In order to safeguard life and health, any person practicing or offering to practice registered professional nursing in this state for compensation shall hereafter be required to submit evidence that he or she is qualified so to practice, and shall be licensed as hereinafter provided. ~~After June 30, 1965,~~ It ~~shall be~~ is unlawful for any person not licensed under the provisions of this article to practice or to offer to practice registered professional nursing in this state, or to use any title, sign, card or device to indicate that such person is a registered professional nurse: Provided, That any professional nurse holding an active, unencumbered license to practice in another state, who accompanies a patient to whom he or she administers nursing care while such patient is in transit or being transported into, out of, or through this state, may practice without a license issued under this article with the following limitations: (a) Such nurse may only administer nursing care to the patient whom they are accompanying in this state; and (b) under no circumstances is any such nurse authorized to practice nursing in this state for longer than forty-eight hours within any three-month period; and (c) under no circumstances shall any such nurse hold him or herself out as a registered professional nurse licensed in this state. Such forty-eight hour period shall commence and run from the time such nurse first enters the borders of this state in the company of his or her patient and therefrom run continuously, whether or not such nurse dispenses nursing care, until such forty-eight hour period has elapsed.

(b) To practice as an advanced practice registered nurse in this state, a person must have a valid advanced practice registered nurse license issued by the board. It is unlawful for any person to practice or offer to practice as an advanced practice registered nurse, to use any title, sign, card or device to indicate or give the impression that such person is an advanced practice registered nurse or to practice as, perform the role of, or use any title, sign, card or device to indicate that the person is a certified registered nurse anesthetist, certified nurse-midwife, clinical nurse specialist or certified nurse practitioner, unless that person is currently licensed by the board as an advanced practice registered nurse.

?30-7-4. Organization and meetings of board; quorum; powers and duties generally; executive secretary; funds.

The board shall meet at least once each year and shall elect from its members a president and a secretary. The secretary shall also act as treasurer of the board. The board may hold such other meetings during the year as it may deem necessary to transact its business. A majority, including one officer, of the board shall constitute a quorum at any meeting. The board is hereby authorized and empowered to:

(a) Adopt and, from time to time, amend such rules and regulations, not inconsistent with this article, as may be necessary to enable it to carry into effect the provisions of this article;

(b) Prescribe standards for educational programs preparing persons for licensure to practice registered professional nursing under this article;

(d) Accredit such educational programs for the preparation of practitioners of registered professional nursing as shall meet the requirements of this article and of the board;

(e) Deny or withdraw accreditation of educational programs for failure to meet or maintain prescribed standards required by this article and by the board;

(f) Examine, license and renew the licenses of duly qualified applicants;

(g) Conduct hearings upon charges calling for discipline of a licensee or revocation or suspension of a license;

(h) Keep a record of all proceedings of the board;

(i) Make a biennial report to the Governor and the Legislative Oversight Commission for Health and Human Resources Accountability;

(j) Appoint and employ a qualified person, who shall not be a member of the board, to serve as executive secretary to the board;

(k) Define the duties and fix the compensation for the executive secretary; and

(l) Employ such other persons as may be necessary to carry on the work of the board.

The executive secretary shall possess all of the qualifications prescribed in section three for members of the board, except that he or she shall (a) have had at least eight years of experience in the practice of registered professional nursing since graduation from a college or university, at least five of which shall have been devoted to the teaching in or to the administration of an educational program for the preparation of practitioners of registered nursing, or to a combination of such teaching and administration, and (b) shall have been actively engaged in the practice of registered professional nursing for at least five years preceding his or her appointment by the board.

All fees and other moneys collected by the board pursuant to the provisions of this article shall be kept in a separate fund and expended solely for the purpose of this article. No part of this special fund shall revert to the General Funds of this state. The compensation provided by this article and all expenses incurred under this article shall be paid from this special fund. No compensation or expense incurred under this article shall be a charge against the General Funds of this state.

?30-7-6. Qualifications; licensure; fees; temporary permits.

(a) To obtain a license to practice registered professional nursing, an applicant for such license shall submit to the board written evidence, verified by oath, that he or she: ~~(a)~~ (1) Is of good moral character; ~~(b)~~ (2) has completed an approved four-year high school course of study or the equivalent thereof, as determined by the appropriate educational agency; and ~~(c)~~ (3) has completed an accredited program of registered professional nursing education and holds a diploma of a school accredited by the board.

(b) The applicant shall also be required to pass a written examination in such subjects as the board may determine. Each written examination may be supplemented by an oral examination. Upon successfully passing such examination or examinations, the board shall issue to the applicant a license to practice registered professional nursing. The board shall determine the times and places for examinations. In the event an applicant shall have failed to pass examinations on two occasions, the applicant shall, in addition to the other requirements of this section, present to the board such other evidence of his or her qualifications as the board may prescribe.

(c) The board may, upon application, issue a license to practice registered professional nursing by endorsement to an applicant who has been duly licensed as a registered professional nurse under the laws of another state, territory or foreign country if in the opinion of the board the applicant meets the qualifications required of registered professional nurses at the time of graduation.

(d) The board may, upon application and proper identification determined by the board, issue a temporary permit to practice registered professional nursing by endorsement to an applicant who has been duly licensed as a registered professional nurse under the laws of another state, territory or foreign country. Such temporary permit authorizes the holder to practice registered professional nursing in this state while the temporary permit is effective. A temporary permit shall be effective for ninety days, unless the board revokes such permit prior to its expiration, and such permit may not be renewed. Any person applying for a temporary license under the provisions of this paragraph shall, with his or her application, pay to the board a nonrefundable fee of $10.

(e) Any person holding a valid license designated as a ?waiver license? may submit an application to the board for a license containing no reference to the fact that such person has theretofore been issued such ?waiver license.? The provisions of this section relating to examination and fees and the provisions of all other sections of this article shall apply to any application submitted to the board pursuant to the provisions of this paragraph.

(f) Any person applying for a license to practice registered professional nursing under the provisions of this article shall, with his or her application, pay to the board a fee of $40: Provided, That the fee to be paid for the year commencing July 1, 1982, shall be $70: Provided, however, That the board in its discretion may, by rule or regulation, decrease either or both said license fees. In the event it shall be necessary for the board to reexamine any applicant for a license, an additional fee shall be paid to the board by the applicant for reexamination: Provided further, That the total of such additional fees shall in no case exceed $100 for any one examination.

(g) Any person holding a license heretofore issued by the West Virginia state Board of Examiners for Registered Nurses and which license is valid on the date this article becomes effective shall be deemed to be duly licensed under the provisions of this article for the remainder of the period of any such license heretofore issued. Any such license heretofore issued shall also, for all purposes, be deemed to be a license issued under this article and to be subject to the provisions hereof.

(h) The board shall, upon receipt of a duly executed application for licensure and of the accompanying fee of $70, issue a temporary permit to practice registered professional nursing to any applicant who has received a diploma from a school of nursing approved by the board pursuant to this article after the date the board last scheduled a written examination for persons eligible for licensure: Provided, That no such temporary permit shall be renewable nor shall any such permit be valid for any purpose subsequent to the date the board has announced the results of the first written examination given by the board following the issuance of such permit.

(i) To obtain a license to practice as an advanced practice registered nurse, an applicant must submit a written application, verified by oath, to the board together with an application fee established by the board through an authorized legislative rule. The requirements for a license to practice as an advanced practice registered nurse in this state are listed below and must be demonstrated to the board through satisfactory evidence submitted with the application for a license:

(1) The applicant must be licensed in good standing with the board as a registered professional nurse;

(2) The applicant must have satisfactorily completed a graduate-level program accredited by a national accreditation body that is acceptable to the board; and

(3) The applicant must be currently certified by a national certification organization, approved by the board, in one or more of the following nationally recognized advance practice registered nursing roles: certified registered nurse anesthetist, certified nurse-midwife, clinical nurse specialist or certified nurse practitioner.

?30-7-7. Qualifications and licensure of persons not citizens of United States.

??????????? (a) The board may, upon application, issue a license to practice registered professional nursing by endorsement to any person who is not a citizen of the United States of America if such person: (a) Has been duly licensed as a registered professional nurse under the laws of another state, territory or foreign country, and (b) shall, in any such state, territory or foreign country, have passed a written examination in the English language which, in the opinion of the board, is comparable in content and scope to the type of written examination ~~which is authorized in the second paragraph~~ that is required in subsection (b) of section six of this article.

(b) All other provisions of this article shall be applicable to any application for or license issued pursuant to this section.

?30-7-15a. Prescriptive authority for prescription drugs; coordination with Board of Pharmacy; rule-making authority.

(a) The board may, in its discretion, authorize an advanced practice registered nurse to prescribe prescription drugs ~~in a collaborative relationship with a physician licensed to practice in West Virginia and~~ in accordance with this article and all other applicable state and federal laws. An authorized advanced practice registered nurse may write or sign prescriptions or transmit prescriptions verbally or by other means of communication.

(b) For purposes of this section an agreement to a collaborative relationship for prescriptive practice between a physician and an advanced practice registered nurse shall be set forth in writing. Verification of the agreement shall be filed with the board by the advanced practice registered nurse. The board shall forward a copy of the verification to the Board of Medicine and or the Board of Osteopathic Medicine. Collaborative agreements shall include, but are not limited to, the following:

~~(1) Mutually agreed upon written guidelines or protocols for prescriptive authority as it applies to the advanced practice registered nurse's clinical practice;~~

~~(2) Statements describing the individual and shared responsibilities of the advanced practice registered nurse and the physician pursuant to the collaborative agreement between them;~~

~~(3) Periodic and joint evaluation of prescriptive practice; and~~

~~(4) Periodic and joint review and updating of the written guidelines or protocols.~~

~~(c)~~ (b) The board shall promulgate legislative rules in accordance with ~~the provisions of~~ chapter twenty‑nine‑a of this code governing the eligibility and extent to which an advanced practice registered nurse may prescribe drugs. Such rules shall provide, at a minimum, a state formulary classifying those categories of drugs which shall not be prescribed by advanced practice registered nurse including, but not limited to, Schedules I and II of the Uniform Controlled Substances Act, antineoplastics, radiopharmaceuticals and general anesthetics. Drugs listed under Schedule III shall be limited to a ~~seventy‑two hour~~ thirty day supply without refill. In addition to the above referenced provisions and restrictions and pursuant to a collaborative agreement as set forth in ~~subsections (a) and (b) of this~~ section fifteen-b of this article, the rules shall permit the prescribing of an annual supply of any drug, with the exception of controlled substances, which is prescribed for the treatment of a chronic condition, other than chronic pain management. For the purposes of this section, a ?chronic condition? is a condition which lasts three months or more, generally cannot be prevented by vaccines, can be controlled but not cured by medication and does not generally disappear. These conditions, with the exception of chronic pain, include, but are not limited to, arthritis, asthma, cardiovascular disease, cancer, diabetes, epilepsy and seizures, and obesity. The prescriber authorized in this section shall note on the prescription the chronic disease being treated.

(c) The board may promulgate emergency rules to implement the provisions of this article pursuant to section fifteen, article three, chapter twenty-nine-a of this code.

~~?(d) The board shall consult with other appropriate boards for the development of the formulary.~~

?~~(e)~~ (d) The board shall transmit to the Board of Pharmacy a list of all advanced practice registered nurses with prescriptive authority. The list shall include:

(1) The name of the authorized advanced practice registered nurse;

(2) The prescriber's identification number assigned by the board; and

(3) The effective date of prescriptive authority.

?30-7-15b. Eligibility for prescriptive authority; application; fee; collaborative relationships and agreements.

(a) An advanced practice registered nurse ~~who applies for authorization to prescribe drugs~~ shall be eligible to apply for authorization to prescribe drugs pursuant to section fifteen-a of this article after satisfying the following requirements:

~~(a)~~ (1) Be licensed and certified in West Virginia as an advanced practice registered nurse;

~~(b)~~ (2) ~~Not be less than~~ Be at least eighteen years of age;

~~(c)~~ (3) ~~Provide the board with evidence of successful completion of~~ Have completed forty-five contact hours of education in pharmacology and clinical management of drug therapy under a program approved by the board, fifteen hours of which shall be have been completed within the two-year period immediately ~~before the date of application~~ prior to entering into a prerequisite collaborative relationship;

~~(d)~~ (4) Provide the board with evidence that he or she is a person of good moral character and not addicted to alcohol or the use of controlled substances; and

(5) Does not have his or her advanced practice registered nursing license, certification or registration in any jurisdiction suspended, limited or revoked; and

~~(e)~~ (6) Submit a completed, notarized application to the board, accompanied by a fee as established by the board by rule.

(b) The board shall authorize an applicant to prescribe prescription drugs under the terms of a collaborative agreement and in accordance with section fifteen-a of this article and applicable legislative rules if the applicant has met the prerequisites of subsection (a) of this section and the following additional prerequisites are satisfied:

(1) The board is satisfied that the collaborating physician is licensed in good standing;

(2) The collaborative agreement is sufficient in form;

(3) The applicant has completed the education requirements; and

(4) The applicant has submitted a completed application on forms developed by the board and paid an application fee established by the board in legislative rule.?

(c) A collaborative agreement for a collaborative relationship for prescriptive practice between a physician and an advanced practice registered nurse shall be set forth in writing and include, but not be limited to, the following:

(1) Mutually agreed upon written guidelines or protocols for prescriptive authority as it applies to the advanced practice registered nurse?s clinical practice;

(2) Statements describing the individual and shared responsibilities of the advanced practice registered nurse and the collaborating physician;

(3) Periodic and joint evaluation of prescriptive practice; and

(4) Periodic joint review and updating of the written guidelines or protocols.

(d) Verification of a collaborative agreement shall be filed with the board by the advanced practice registered nurse with documentation of completion of the education requirements described in subsection (a) of this section. The board shall forward a copy of the verified agreement to the board through which the collaborative physician is licensed.

(e) The board shall, upon application, authorize an advanced practice registered nurse to prescribe prescription drugs in accordance with section fifteen-a of this article without the further requirement of a collaborative agreement if the applicant has satisfied the following prerequisites:

(1) Has practiced at least three years in a duly-documented collaborative relationship with granted prescriptive authority;

(2) Licensed in good standing with the board; and

(3) Has submitted a completed application on forms developed by the board and paid an application fee established by the board in legislative rule.

(f) Notwithstanding the provisions of subsection (e) of this section, the board may require an advanced practice registered nurse to practice in a collaborative agreement if the board determines, by order arising out of the board?s complaint process, that a collaborative relationship is necessary for the rehabilitation of a licensee or for protection of the public.

?30-7-15c. Form of prescriptions; termination of authority; renewal; notification of termination of authority.

(a) Prescriptions authorized by an advanced practice registered nurse must comply with all applicable state and federal laws; must be signed by the prescriber with the initials ?A.P.R.N.? or the designated certification title of the prescriber; and must include the prescriber's identification number assigned by the board or the prescriber's national provider identifier assigned by the National Provider System pursuant to 45 C. F. R. ?162.408.

(b) Prescriptive authorization shall be terminated if the advanced practice registered nurse has:

(1) Not maintained current authorization as an advanced practice registered nurse; or

(2) Prescribed outside the advanced practice registered nurse's scope of practice or has prescribed drugs for other than therapeutic purposes; or

(3) Has not filed verification of a collaborative agreement with the board if such an agreement is required.

(c) Prescriptive authority for an advanced practice registered nurse must be renewed biennially. Documentation of eight contact hours of pharmacology during the previous two years must be submitted at the time of renewal.

(d) The board shall notify the Board of Pharmacy~~, the Board of Medicine and the Board of Osteopathic Medicine~~ within twenty-four hours after termination of, or change in, an advanced practice registered nurse's prescriptive authority.

?30-7-15d. Advanced practice registered nurse signatory authority.

(a) An advanced practice registered nurse may provide an authorized signature, certification, stamp, verification, affidavit or endorsement on documents within the scope of their practice, including but not limited to, the following documents:

(1) Death certificates: Provided, That the advanced practice registered nurse has received training from the board on the completion of death certificates;

(2) ?Physician orders for life sustaining treatment?, ?physician orders for scope of treatment? and ?do not resuscitate? forms;

(3) Handicap hunting certificates; and

(4) Utility company forms requiring maintenance of utilities regardless of ability to pay.

(b) An advanced practice registered nurse may not sign a certificate of merit for a medical malpractice claim against a physician.

?30-7-15e. Joint Advisory Council on Limited Prescriptive Authority.

(a) There is hereby created the Joint Advisory Council on Limited Prescriptive Authority. The purpose of the Council is to advise the board regarding collaborative agreements and prescriptive authority for advanced practice registered nurses.

(b) The Council shall be composed of thirteen members with representation as follows:

(1) Two allopathic physicians appointed by the Board of Medicine who are in a collaborative relationship with advanced practice registered nurses;

(2) Two osteopathic physicians who are in active collaborative relationships appointed by the Board of Osteopathic Medicine who are in a collaborative relationship with advanced practice registered nurses;

(3) Six advanced practice registered nurses appointed by the Board of Examiners for Registered Professional Nurses whom have at least three years full-time practice experience, and shall include at least one certified nurse practitioner, one certified nurse-midwife, and one certified registered nurse anesthetist, all of whom actively prescribe prescription drugs;

(4) One licensed pharmacist appointed by the Board of Pharmacy;

(5) One consumer representative; and

(6) One representative from a school of public health.

(c) All members of the Council who are healthcare providers shall have at least three years full-time practice experience and hold active state licenses.

(d) Each member shall serve for a term of three years.? The terms of newly appointed members shall be staggered so that no more than five appointments shall expire annually.? Two newly appointed members appointed pursuant to subdivision (1) of this section shall be appointed to a two year term. One newly appointed member appointed pursuant to subdivision (2) of this section shall be appointed to a two year term.? One newly appointed member appointed pursuant to subdivision (3) of this section shall be appointed to a two year term.? The member appointed pursuant to subdivision (4) of this section shall be appointed to a three year term.? No member shall serve more than two consecutive terms.

??????????? (e) A majority of members appointed to the Council shall constitute a quorum to conduct official business.

??????????? (f)? The Council shall choose its own chairman and shall meet at the call of the chairman at least biannually.

??????????? (g) The Council may perform the following duties:

??????????? (1) Review and evaluate applications for advanced practice registered nurses to prescribe without a collaborative agreement;

??????????? (2) Assist advanced practice registered nurses with entering into collaborative agreements in non-emergency situations, including providing the name/contact information for physicians with whom the advanced practice registered nurses may collaborate;

??????????? (3) Advise the board in emergency situations of a rescinded collaborative agreement, giving a sixty day grace period;

??????????? (4) Assist the board in developing and proposing emergency rules;?

??????????? (5) Review and advise on complaints against advanced practice registered nurses;

??????????? (6) Develop pilot project allowing independent prescribing of controlled substances by advanced practice registered nurses and study results to assure patient/public safety;

??????????? (7) Develop other studies and/or pilot projects, including but not limited to:

??????????? (A) Issues of access, outcomes and cost effectiveness of services;

??????????? (B) The development of recommendations for reciprocity;

??????????? (C) The optimal length of time for transition into independent prescribing; and

(D) Methods to foster effective interprofessional communication.?

On motion of Delegate Cowles the House concurred in the Senate amendment with further amendment on page nine, section 15e, by striking out section 15e in its entirety and inserting in lieu thereof a new section 15e to read as follows:

??30-7-15e. Joint Advisory Council on Limited Prescriptive Authority.

(a) On July 1, 2016, there is created the Joint Advisory Council on Limited Prescriptive Authority. The purpose of the Council is to advise the board regarding collaborative agreements and prescriptive authority for advanced practice registered nurses.

(b) The Governor shall appoint:

(1) Two allopathic physicians as recommended by the Board of Medicine who are in a collaborative relationship with advanced practice registered nurses;

(2) Two osteopathic physicians who are in active collaborative relationships as recommended by the Board of Osteopathic Medicine who are in a collaborative relationship with advanced practice registered nurses;

(3) Six advanced practice registered nurses as recommended by the Board of Examiners for Registered Professional Nurses whom have at least three years full-time practice experience, and shall include at least one certified nurse practitioner, one certified nurse-midwife, and one certified registered nurse anesthetist, all of whom actively prescribe prescription drugs;

(4) One licensed pharmacist as recommended by the Board of Pharmacy;

(5) One consumer representative; and

(6) One representative from a school of public health of an institution of higher education.

(c) All members of the Council who are healthcare providers shall have at least three years full-time practice experience and hold active state licenses.

(d) Each member shall serve for a term of three years.? The Governor shall stagger the terms so that no more than five appointments shall expire annually. Prior to the election of a chairman, the board shall be called together by the representative from a school of public health of an institution of higher education.

??????????? (e) A majority of members appointed to the Council shall constitute a quorum to conduct official business.

??????????? (f)? The Council shall choose its own chairman and shall meet at the call of the chairman at least biannually.

??????????? (g) The Council may perform the following duties:

??????????? (1) Review and evaluate applications for advanced practice registered nurses to prescribe without a collaborative agreement;

??????????? (2) Assist advanced practice registered nurses with entering into collaborative agreements in non-emergency situations, including providing the contact information for physicians with whom the advanced practice registered nurses may collaborate;