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Eighty-first Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

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__________*__________



 

Thursday, March 21, 2013

THIRTY-SEVENTH DAY

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

 

 

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

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

            The Clerk proceeded to read the Journal of Wednesday, March 20, 2013, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:

            Your Committee on Rules has had under consideration:

            H. C. R. 50, Requesting the Joint Committee on Government and Finance to schedule the June 2013 Legislative Interim Committee meetings in Wheeling during the week of June 20,

            H. C. R. 73, The “Nancy E. May Memorial Bridge”,

            H. C. R. 74, The “USMC LCpl. David Lee Powell Memorial Bridge”,

            H. C. R. 78, The “Louis J. ‘Zeke’ Trupo Bridge”,

            And,

            H. C. R. 87, Requesting the Division of Highways to erect signs at the Tyler County line that read “Home of the 2011 FFA Land Judging and Homesite Evaluation National Champions”,

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

            Delegate Walker, Chair of the Committee on Agriculture, submitted the following report, which was received:

            Your Committee on Agriculture has had under consideration:

            H. B. 2969, Relating to poultry inspection exemptions,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2969) was referred to the Committee on the Judiciary.

            Delegate Craig, of the Committee on Natural Resources, submitted the following report, which was received:

            Your Committee on Natural Resources has had under consideration:

            H. B. 2866, Providing an exception to allow a resident of a dwelling house to discharge a firearm in a lawful manner within five hundred feet,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2866) was referred to the Committee on the Judiciary.

            Delegate Paxton, Chair of the Committee on Veterans’ Affairs and Homeland Security, submitted the following report, which was received:

            Your Committee on Veterans’ Affairs and Homeland Security has had under consideration:

            H. B. 2981, Providing that historical reenactors are not violating the provision prohibiting unlawful military organizations,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2981) was referred to the Committee on the Judiciary.

            Delegate Paxton, Chair of the Committee on Veterans’ Affairs and Homeland Security, submitted the following report, which was received:

            Your Committee on Veterans’ Affairs and Homeland Security has had under consideration:

            H. B. 2544, Improving state emergency preparedness,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2544) was referred to the Committee on Finance.

            Delegate Iaquinta, Chair of the Committee on Veterans’ Affairs and Homeland Security, submitted the following report, which was received:

            Your Committee on Veterans’ Affairs and Homeland Security has had under consideration:

            H. B. 2490, Providing for the appointment of veterans advocates at state institutions of higher education,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2490) was referred to the Committee on Education.

            Delegate Moore, Chair of the Committee on Banking and Insurance, submitted the following report, which was received:

            Your Committee on Banking and Insurance has had under consideration:

            H. B. 2923, Relating to directors of state-chartered banking institutions,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2923) was referred to the Committee on Finance.

            Delegate Guthrie, Chair of the Committee on Banking and Insurance, submitted the following report, which was received:

            Your Committee on Banking and Insurance has had under consideration:

            H. B. 2960, Providing for internal and external review of adverse health coverage determinations,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2960) was referred to the Committee on the Judiciary.

            Delegate Pethtel, Chair of the Committee on Pensions and Retirement, submitted the following report, which was received:

            Your Committee on Pensions and Retirement has had under consideration:

            H. B. 2800, Relating to the Teachers’ Retirement System,

            And,

            H. B. 2818, Relating to the Teachers’ Defined Contribution Retirement System,

            And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Finance.

            In accordance with the former direction of the Speaker, the bills (H. B. 2800 and H. B. 2818) were each referred to the Committee on Finance.

            Delegate Pethtel, Chair of the Committee on Pensions and Retirement, submitted the following report, which was received:

            Your Committee on Pensions and Retirement has had under consideration:

            H. B. 2802, Relating to the Emergency Medical Services Retirement System,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2802) was referred to the Committee on Finance.

            Delegate Hunt, Chair of the Committee on Political Subdivisions, submitted the following report, which was received:

            Your Committee on Political Subdivisions has had under consideration:

            H. B. 2829, Relating to the nomination and election of magistrates,

And,

            H. B. 2964, Authorizing the mayor to appoint chiefs of police and deputy chiefs of police,

            And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bills (H. B. 2829 and H. B. 2964) were each referred to the Committee on the Judiciary.

            Delegate Poling, Chair of the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:

            Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:

            H. B. 2352, Clarifying that the West Virginia Department of Environmental Protection does not assume a mine operator’s obligations or liabilities under the Water Pollution Control Act,            And,

            H. B. 2597, Creating the Intrastate Coal and Use Act, 

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2352 and H. B. 2597) were each referred to the Committee on the Judiciary.

            Delegate Poling, Chair of the Committee on Energy, Industry and Labor, Economic Development, and Small Business, submitted the following report, which was received:

            Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:

            H. B. 2722, Increasing the amount of special license fees paid by pipeline companies,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2722) was referred to the Committee on Finance.

            Delegate Staggers, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:

            Your Committee on Roads and Transportation has had under consideration:

            H. B. 2860, Providing that a municipality receive no more than $25 from speeding fines,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2860) was referred to the Committee on the Judiciary.

            Delegate Staggers, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:

            Your Committee on Roads and Transportation has had under consideration:

            H. B. 2381, Allowing the use of low-speed vehicles on roads in municipalities with speed limits over twenty-five miles per hour and less than thirty-five,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2381) was referred to the Committee on the Judiciary.

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 2237, Requiring physicians and other licensed prescribers offer the drug Naloxone to their patients who are prescribed opiates for chronic pain,

            And reports back a committee substitute therefor, with a new title, as follows:

            Com. Sub. for H. B. 2237 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-5X-1, §16-5X-2 and §16-5X-3, all relating to emergency aid medication for patients prescribed opiates or receiving treatment for addiction; establishing a short title; establishing objectives and a purpose; defining terms; establishing the responsibilities of licensed prescribers; and, providing for education of patient, family or caregivers,”

            H. B. 2590, Creating a public nonprofit corporation and governmental instrumentality to collectively address several environmental and economic development programs,

            And reports back a committee substitute therefor, with a new title, as follows:

            Com. Sub. for H. B. 2590 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-21-1, §31-21-2, §31-21-3, §31-21-4, §31-21-5, §31-21-6, §31-21-7, §31-21-8, §31-21-9, §31-21-10, §31-21-11, §31-21-12, §31-21-13, §31-21-14, §31-21-15, §31-21-16, §31-21-17, §31-21-18, §31-21-19 and §31-21-20, all relating to authorizing the creation of a public nonprofit corporation and governmental instrumentality to facilitate the redevelopment of former commercial, industrial and mining properties subject to federal and state regulations because of contamination or pollution discharge; providing short title; declaring policy and purpose of article; defining terms; creating West Virginia Land Stewardship Corporation; providing eligibility for properties to participate; stating certain tax requirements; setting forth powers and limitations of West Virginia Land Stewardship Corporation; providing for board of directors and composition of same; providing for creation of voluntary land stewardship program; providing for underwriting review of land stewardship program applicants; authorizing establishment of state certified sites program; setting forth minimum standards for certification under state certified sites program and assessment of fees therefor; authorizing establishment of voluntary state land bank program; prohibiting the transfer of certain liabilities to land bank by prior owner; permitting land stewardship corporation to preserve property value of properties held by land stewardship corporation; authorizing land bank to acquire, dispose or otherwise manage real property; providing requirements for handling of contaminated properties by land stewardship corporation; providing for liberal construction of article; authorizing the Department of Environmental Protection to investigate corporation activities and take necessary actions; exempting corporation from certain state and local taxes; requiring audits and biannual reports; providing procedure for dissolution of land stewardship corporation upon completion of purpose and for disposal of properties possessed by the corporation; providing provision for conflict of interest of land stewardship corporation officers, employees and board members; stating preservation of sovereign immunity; and providing that obligations of land stewardship corporation are not obligations of the Department of Environmental Protection or the state,”

            With the recommendation that the committee substitutes each do pass.

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 2733, Relating to hearings before the Office of Administrative Hearings,

            And reports back a committee substitute therefor, with the same title, as follows:

            Com. Sub. for H. B. 2733 - “A Bill to amend and reenact §17C-5A-2 of the Code of West Virginia, 1931, as amended, relating to hearings before the Office of Administrative Hearings; specifying methods of service; providing permissible hearing locations; deleting the requirement that the Office of Administrative Hearings shall send hearing notices to certain witnesses; deleting an instance of a duplication of an element for driving under the influence; clarifying that the Office of Administrative Hearings shall rescind or modify the order of the Commissioner of the Division of Motor Vehicles in certain cases; noting that the Office of Administrative Hearings is not a party to an appeal; stating that a party filing an appeal is financially responsible for the transcription of the hearing and transmission of file copy; and stating that the court shall provide a copy of its final order to the Office of Administrative Hearings,”

            With the recommendation that the committee substitute do pass.

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 2583, Establishing a regulatory system for sexual assault forensic examinations,

            And reports back a committee substitute therefor, with the same title, as follows:

            Com. Sub for H. B. 2583 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-9B-1, §15-9B-2 and §15-9B-3, all relating to establishing a regulatory system for sexual assault forensic examinations; requiring the creation of the Sexual Assault Forensic Examination Commission; setting forth its powers and responsibilities; setting forth its membership; requiring county prosecutors to convene and chair local Sexual Assault Forensic Examination Boards; and authorizing rule making,”

            With the recommendation that the committee substitute do pass.

            Delegate Perdue, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

            Your Committee on Health and Human Resources has had under consideration:

            H. B. 2926, Requiring health insurers to reimburse ambulance service providers directly for ambulance services covered under a person's health insurance policy.

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2926) was referred to the Committee on Finance.

            Delegate Perdue, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

            Your Committee on Health and Human Resources has had under consideration:

            H. B. 2665, Department of Health and Human Resources, regulation of opioid treatment programs, 

            And,

            H. B. 2987, Relating to methadone and treatment program required reports,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2665 and H. B. 2987) were each referred to the Committee on the Judiciary.

            Delegate Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:

            Your Committee on Health and Human Resources has had under consideration:

            H. B. 2738, Relating to the Center for Nursing,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2738) was referred to the Committee on Finance.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 27 - “A Bill to amend and reenact §5-16-7 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-15-4k; to amend said code by adding thereto a new section, designated §33-16-3w; to amend said code by adding thereto a new section, designated §33-24-7l; to amend said code by adding thereto a new section, designated §33-25-8i; and to amend said code by adding thereto a new section, designated §33-25A-8k, all relating generally to requiring health insurance coverage of maternity services in certain circumstances; providing maternity services for all individuals participating in or receiving insurance coverage under a health insurance policy if those services are covered under the policy; modifying required benefits for public employees insurance, accident and sickness insurance, group accident and sickness insurance, hospital medical and dental corporations, health care corporations and health maintenance organizations; and providing exceptions to the extent that required benefits exceed the essential health benefits specified under the Patient Protection and Affordable Care Act”; which was referred to the Committee on Health and Human Resources then the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of  

            S. B. 441 - “A Bill to amend and reenact §11-10-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §38-10C-2 of said code, all relating to the withdrawal of state tax liens recorded prematurely, inadvertently or erroneously”; which was referred to the Committee on Finance.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of 

            Com. Sub. for S. B. 477 - “A Bill to repeal §3-2-24 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-2-5, §3-2-6, §3-2-7 and §3-2-11 of said code, all relating to electronic registration of voters; repealing outdated code regarding manual voter registration systems; authorizing Secretary of State to promulgate procedures to permit persons to register to vote through a secure electronic voter registration system; providing an exception to address requirements on registration for participants in the address confidentiality program; permitting transmission of electronically stored signatures for registration in certain instances; allowing acceptance of registration with or without an email address; requiring electronic registration be received by close of business on the day of the registration deadline; permitting people to register to vote through approved electronic voter registration systems at certain locations; authorizing the Division of Motor Vehicles to release certain information to the Secretary of State upon notice and consent of the registered voter; and making certain clarifications of current code”; which was referred to the Committee on the Judiciary.

Resolutions Introduced

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

            H. C. R. 89 - “Requesting the Division of Highways to name bridge number 10-27-0.01, currently known as Pax Bridge, on County Route 27 in Pax, West Virginia, the ‘Navy AD3 Jack Lively Memorial Bridge’.”

            Whereas, Jack Lively was born on April 25, 1931 in Long Branch, West Virginia to Shan C. and Gertrude Lively; and

            Whereas, Jack Lively enlisted in the U.S. Navy on April 18, 1950, completed basic training in Great Lakes, IL, before completing naval air technical training at Memphis, TN; and

            Whereas, Jack Lively shipped out to VP4 Nas Barber’s Point, Hawaii, on January 15, 1951, and was subsequently transferred to VP6 Patrol Squadron to Nas Atsugi, Japan, on August 3, 1951; and

            Whereas, Jack Lively completed twenty top-secret missions during the period of August 3 to November 6, 1951, at which time the P2V-3W specially-equipped electronic reconnaissance plane he was on was reportedly shot down by two LA-11 Soviet fighters near Vladivostok, Russia; and

            Whereas, All ten crewmen aboard the P2V-3W were declared missing, three days of search and rescue operations revealed no trace of them, and one year later, in 1951, all were declared dead by the Navy; and

            Whereas, Jack Lively was survived by his parents, Shan and Gertrude Lively; two sisters, Patricia Lively Dickinson and Sona (Katy) Lively Powers; and three brothers, Harless Grant, Jr., E. Douglas Lively and Buster D. Lively; and

            Whereas, It is fitting and proper that aviation mechanic Jack Lively be remembered and acknowledged for his courageous action and ultimate sacrifice; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Division of Highways to name bridge number 10-27-0.01, currently known as Pax Bridge, on County Route 27 in Pax, West Virginia, the “Navy AD3 Jack Lively Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Navy AD3 Jack Lively Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to the surviving family of Jack Lively.

            Delegates Householder, D. Evans, Sobonya, Butler, Gearheart, Folk, Espinosa, Cadle and Cooper offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 90 - “Applying for an Article V Amendments Convention to Propose a Constitutional Amendment permitting a calling of a convention of the states limited to proposing an amendment to the Constitution of the United States requiring that an increase in the federal debt requires approval from a majority of the legislatures of the separate states.”

            Whereas, Article V of the Constitution of the United States provides authority for a Convention to be called by the Congress of the United States for the purpose of proposing amendments to the Constitution upon application of two thirds of the Legislatures of the several states (“amendments convention”); and

            Whereas, That, as provided in Article V of the Constitution of the United States, the Legislature of the State of West Virginia herewith respectfully applies for an amendments convention to be called for the purpose of proposing an amendment that provides that an increase in the federal debt requires approval from a majority of the legislatures of the separate states; and

            Whereas, That the amendments convention contemplated by this application shall be entirely focused upon and exclusively limited to the subject matter of proposing for ratification an amendment to the Constitution providing that an increase in the federal debt requires approval from a majority of the legislature of the separate states; and

            Whereas, This application constitutes a continuing application in accordance with Article V of the Constitution of the United States until the Legislatures of at least two thirds of the several states have made applications on the same subject and supersedes all previous applications by this Legislature on the same subject; therefore, be it

            Resolved by the Legislature of West Virginia:

            That as provided in Article V of the Constitution of the United States the Legislature of the State of West Virginia herewith respectfully applies for an Amendments Convention to Propose a Constitutional Amendment limited to permitting a calling of a convention of the states limited to proposing an amendment to the Constitution of the United States requiring that an increase in the federal debt requires approval from a majority of the legislatures of the separate states; and, be it

            Further Resolved, This application constitutes a continuing application in accordance with Article V of the Constitution of the United States until at least two thirds of the Legislatures of the several states have made application for an equivalently limited amendments convention; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the President of the United States Senate, to the Speaker of the United States House of Representatives, the members of the West Virginia Congressional Delegation, and to the presiding officers of each house of the several state Legislatures, requesting their cooperation in applying for the amendments convention limited to the subject matter contemplated by this application.

            On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:

            By Delegates Kump, Romine and Rowan:

            H. J. R. 35 - “Proposing an amendment to the Constitution of the State of West Virginia, amending section two, article XII thereof, relating to election of State Board of Education members; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on Constitutional Revision then the Judiciary.

Bills Introduced

            On motions for leave, bills were introduced, read by their titles, and severally referred as follows:

By Delegates Caputo, Pethtel and Craig:

            H. B. 3014 – “A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §20-7-1 of said code, all relating to pension benefits exempt from state income taxation; and including Division of Natural Resources police in the class of law-enforcement officers exempted”; to the Committee on Pensions and Retirement then Finance.

By Delegates Caputo, Ferro and Skaff:

            H. B. 3015 – “A Bill to amend and reenact §20-7-1a and §20-7-1c of the Code of West Virginia, 1931, as amended, all relating to providing an increase in compensation for natural resources police officers”; to the Committee on Natural Resources then Finance.

By Delegate Wells:

            H. B. 3016 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-45-1, §16-45-2, §16-45-3, §16-45-4 and §16-45-5, all relating to access to nonpublic restrooms by individuals with certain medical conditions and under specified circumstances; and providing criminal penalty for violation”; to the Committee on Government Organization then the Judiciary.

By Delegates Manypenny, Eldridge and Canterbury:

            H. B. 3017 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-3-20; and to amend said code by adding thereto a new section, designated §29-22-9b, all relating to requiring the State Fire Marshal to propose rules for legislative approval to set standards for minimum acceptable fire company on-duty staffing levels at full-time paid fire departments; creating a firefighters instant lottery scratch-off game and a Firefighters Lottery Fund; and requiring the State Fire Marshal to propose rules for legislative approval to set standards and procedures to award grants and disperse funds from the Firefighters Lottery Fund”; to the Committee on Government Organization then the Judiciary.

By Delegates Skinner and Lawrence:

            H. B. 3018 – “A Bill to amend and reenact §60-4-3a of the Code of West Virginia, 1931, as amended, relating to exempting distilleries that produce less than 50,000 gallons of spirits and also have retail sales from the payments to market zone retailers”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.

By Delegates Young, Barrett, Eldridge, R. Phillips, Sponaugle, Stowers, Lynch, Tomblin, Stephens, Miley and Marcum:

            H. B. 3019 – “A Bill to amend and reenact §20-2-5 and §20-2-6a of the Code of West Virginia, 1931, as amended, all relating to clarifying circumstances under which a person may possess certain firearms while afield hunting or engaging in other outdoor recreational activities; defining loaded firearm”; to the Committee on Natural Resources then the Judiciary.

By Delegates Miley, Iaquinta, Longstreth, Guthrie, White, Boggs, Caputo, Skaff, P. Smith, Moye and Ferro:

            H. B. 3020 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto six new sections, designated §20-7-24, §20-7-25, §20-7-26, §20-7-27, §20-7-28 and §20-7-29, all relating to improving boat dock and marina safety, prevent electrocution injury, require compliance with national standards, require work by certified electricians, and impose criminal penalties”; to the Committee on the Judiciary then Finance.

By Delegates Wells, Guthrie, Skaff, Poore and McCuskey:

            H. B. 3021 – “A Bill to amend and reenact §17C-7-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17C-11-5 of said code, all relating to operating a bicycle or overtaking a bicycle on a roadway”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Craig, Skinner and Barrett:

            H. B. 3022 – “A Bill to amend and reenact §11-16-18 of the Code of West Virginia, 1931, as amended; to amend and reenact §60-3A-17, §60-3A-18 and §60-3A-25 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 the sale of certain beer, wine and liquor; increasing the percentage of cost that a liquor retail licensee may charge; removing provisions relating to the sale of certain alcoholic products on certain days; and addressing days and hours of operation for certain licensees and private clubs”; to the Committee on the Judiciary then Finance.

By Delegates Caputo, Perry, Diserio and Moore:

            H. B. 3023 – “A Bill to amend and reenact §7-7-4 of the Code of West Virginia, 1931, as amended, relating to providing county commissioners an ongoing mechanism to consider compensation increases for elected officials every two years”; to the Committee on Finance.

By Delegates Ferro, Perry, Perdue, Diserio and Moore:

            H. B. 3024 – “A Bill to amend and reenact §7-7-7 of the Code of West Virginia, 1931, as amended, relating to granting county commissions advice and consent authority with respect to the discharge of county employees”; to the Committee on Political Subdivisions then the Judiciary.

By Delegate Ireland:

            H. B. 3025 – “A Bill to amend and reenact §17C-3-7 of the Code of West Virginia, 1931, as amended, relating to illuminated flashing yellow signals; providing that on four lane highways when flashing yellow signals are used to indicate that there is a traffic signal ahead, the yellow light may only flash when the traffic signal is about to turn from yellow to red; and requiring, in that instance, a sign to be erected informing motorists that when it is flashing they should be prepared to stop”; to the Committee on Roads and Transportation then the Judiciary.

By Mr. Speaker, Mr. Thompson, and Delegate Armstead

            [By Request of the Executive]:

            H. B. 3026 – “A Bill to amend and reenact §31-15A-17b of the Code of West Virginia, 1931, as amended, relating to the determination of the amount of grant awards for Chesapeake Bay watershed compliance projects and the Greenbrier River watershed compliance projects”; to the Committee on Finance.

By Delegates Pasdon, Fragale, Caputo, Marshall and Raines:

            H. B. 3027 – “A Bill to repeal §30-21-7a, §30-21-7b, §30-21-7c, §30-21-7d, §30-21-7e, §30-21-8a and §30-21-10a of the Code of West Virginia, 1931, as amended; to amend and reenact §30-21-1, §30-21-2, §30-21-3, §30-21-4, §30-21-5, §30-21-6, §30-21-7, §30-21-8, §30-21-9, §30-21-10, §30-21-11, §30-21-12, §30-21-13, §30-21-14 and §30-21-17 of said code; and to amend said code by adding thereto twelve new sections, designated §30-21-16, §30-21-18, §30-21-19, §30-21-20, §30-21-21, §30-21-22, §30-21-23, §30-21-24, §30-21-25, §30-21-26, §30-21-27 and §30-21-28, all relating to the practice of psychology; prohibiting the practice of psychology without a license; providing other applicable sections; defining terms; continuing and renaming board; providing for board composition, appointments, qualifications, terms of office, filling of vacancies and holding meetings; providing for compensation and reimbursement for board members; setting forth the powers and duties of the board; clarifying rule-making authority; continuing a special revenue account; establishing license and certification requirements; setting forth scopes of practices; providing for licensure for persons licensed in another state; establishing renewal requirements; establishing delinquent, expired and inactive license requirements; providing temporary permit requirements; requiring license to be displayed; providing for privileged communications and exceptions; providing the board may issue notices to cease and desist; providing that circuit courts may issue injunctions; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for the investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; and providing for criminal penalties”; to the Committee on Government Organization then the Judiciary.

By Delegates Staggers, D. Poling, Pethtel, Paxton and P. Smith:

            H. B. 3028 – “A Bill to amend and reenact §29-6-4 of the Code of West Virginia, 1931, as amended, relating to expanding the number of hours temporary state personnel may work in a calendar year”; to the Committee on Government Organization then Finance.

By Delegates Overington, Butler, Householder, Cadle, Arvon, Gearheart, Hunt, Canterbury, Ambler, Shott and Ireland:

            H. B. 3029 – “A Bill to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §3-11A-1, §3-11A-2, §3-11A-3 and §3-11A-4, all relating to providing a procedure for West Virginia to select delegates to an Article V convention for proposing amendments to the Constitution of the United States of America; definitions; delegate duties and responsibilities; and providing a felony criminal penalty for violation of a delegate’s oath”; to the Committee on the Judiciary then Finance.

By Delegate Faircloth:

            H. B. 3030 – “A Bill to amend and reenact §20-2-28 and §20-2-42x of the Code of West Virginia, 1931, as amended, all relating to Class XS senior resident lifetime licenses; and providing that seniors purchasing the Class XS license are not required to purchase any additional hunting, fishing and trapping stamps or permits issued by the Division of Natural Resources under article two, chapter twenty of the West Virginia Code”; to the Committee on Natural Resources then Finance.

By Delegates White, Skaff, Manchin, Cowles, Eldridge, Marcum, Craig, R. Phillips, Stowers and Lawrence:

            H. B. 3031 – “A Bill to amend and reenact §22-1-7 of the Code of West Virginia, 1931, as amended, relating to requiring the Department of Environmental Protection to maintain an Office of Internal Auditing”; to the Committee on Government Organization then Finance.

By Delegates Skinner, Lawrence, Poore, Stowers, Miley, Manchin, Hunt, Sponaugle, Lynch, Reynolds and Fleischauer:

            H. B. 3032 – “A Bill to amend and reenact §3-8-1, §3-8-1a, §3-8-2 and §3-8-2b of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §3-8-2d, all relating to the regulation and control of elections; providing certain legislative findings; amending definitions; amending reporting requirements for independent expenditures; providing for electronic filing of reports of independent expenditures; and providing for disclosure of certain transfers of things of value; authorizing the Secretary of State to promulgate rules relating to reports of independent expenditures; retaining prohibition on corporate contribution; and repealing the ban on corporate independent expenditures”; to the Committee on the Judiciary then Finance.

By Delegates Shott, Howell, O’Neal, E. Nelson, Walker, Moore, McCuskey and Ellington:

            H. B. 3033 – “A Bill to repeal §11-15-18b of the Code of West Virginia, 1931, as amended; to repeal §11-15A-13a of said code; to amend said code by adding thereto a new section, designated §11-14C-49; to amend and reenact §11-15-3 of said code; and to amend said code by adding thereto a new section, designated §ll-15-35, all relating to taxes on motor fuels, aviation fuels and consumer sales and service”; to the Committee on Roads and Transportation then Finance.

By Delegate Caputo:

            H. B. 3034 – “A Bill to amend and reenact §22A-2-20 of the Code of West Virginia, 1931, as amended, relating to requiring underground mines fire boss examinations include examining the air quantity where diesel equipment operates”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.

By Delegate Skinner:

            H. B. 3035 – “A Bill to amend and reenact §19-2B-11 of the Code of West Virginia, 1931, as amended, relating to providing a civil penalty of not more than $10,000 per each unit of a meat or poultry product knowingly sold, or offered for sale or distribution, with product labeling that incorrectly identifies the source animal or animals from which the product is derived”; to the Committee on Agriculture then the Judiciary.

By Delegate Manypenny:

            H. B. 3036 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9-7A-1, §9-7A-2, §9-7A-3, §9-7A-4, §9-7A-5, §9-7A-6, §9-7A-7, §9-7A-8, §9-7A-9, §9-7A-10, §9-7A-11, §9-7A-12 and §9-7A-13, all relating to improving program integrity for Medicaid and the Children’s Health Insurance Program by implementing additional waste, fraud and abuse, prevention, detection and recovery solutions”; to the Committee on Health and Human Resources then Finance.

By Delegates Shott and McCuskey:

            H. B. 3037 – “A Bill to amend and reenact §38-1-2 of the Code of West Virginia, 1931, as amended, relating to the form of trust deeds; and permitting the recording of a memorandum of deed of trust in lieu of the deed of trust”; to the Committee on the Judiciary.

By Delegates Folk, Faircloth, Kump and Householder:

            H. B. 3038 – “A Bill to amend and reenact §31-20-10 of the Code of West Virginia, 1931, as amended, relating to relieving the burden imposed on counties of incarcerating inmates in regional jails by changing the way that the cost of incarcerating inmates in regional jails is collected so that it is shared by the county, state and municipality wherein the alleged criminal act occurred; and making the cost of incarcerating an inmate who is incarcerated for less than twelve hours one-half the normal per diem rate charged, and the per diem charge for an inmate who is imprisoned for more than twelve, but less than twenty-four hours, two-thirds the normal per diem rate charged”; to the Committee on the Judiciary then Finance.

By Delegates Shott, Gearheart and Ellington:

            H. B. 3039 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §37-6-31, relating to the right of the landlord of commercial premises to terminate the lease under certain circumstances and providing a process for the termination”; to the Committee on the Judiciary.

By Delegates Howell, Armstead, R. Phillips, Andes, Storch, Lynch, Moye, Miller, Hartman, Craig and Espinosa:

            H. B. 3040 – “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 generally 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; and the amount of credit allowed for manufacturing investment, to include small arms manufacturing”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.

By Delegates McCuskey, R. Phillips, Hunt, Skaff, Storch, Ferns, Hartman, Craig and Andes:

            H. B. 3041 – “A Bill to amend and reenact §46A-6-107 of the Code of West Virginia, 1931, as amended, relating to disclaimers of warranties with respect to goods which are the subject of or are intended to become the subject of a consumer transaction; prohibition against exclusion, modification or limitation of any warranty or remedy; waiver of warranty on used motor vehicle as to a particular defect or malfunction which dealer has disclosed; conditions permitting ‘as is’ sale of used motor vehicle; conspicuous disclosure of ‘as is’ sale; ‘as is’ sale does not waive express warranties made by dealer; dealer to conform to federal regulations”; to the Committee on Roads and Transportation then the Judiciary.

Special Calendar

Unfinished Business

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

            H. R. 18, Calling upon the United States Congress to preserve the United State’s Constitutional Second Amendment Rights of our citizens and to address the greatest cause of acts of mass violence, mental illness,

            Com. Sub. for H. C. R. 8, The “U.S. Army S/Sgt. E. J. A. Maynard Memorial Bridge”,

            Com. Sub. for H. C. R. 25, The “U.S. Army CPL Fred Russell Memorial Bridge”,

            Com. Sub. for H. C. R. 29, The “Army Specialist-5 James R. Justice Memorial Bridge”,

            Com. Sub. for H. C. R. 35, The “Charles Eugene Kessel Memorial Bridge”,

            Com. Sub. for H. C. R. 36, The “U.S. Army Private First Class Oscar Harper, Sr. Memorial Bridge”,

            And,

            H. C. R. 62, The “Navy Chief Petty Officer Nicholas Heath Null Memorial Bridge”.

            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.

Third Reading

            H. B. 2780, Relating generally to multidisciplinary team meetings for juveniles committed to the custody of the West Virginia Division of Juvenile Services; 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. 40), 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: Andes, Fragale, L. Phillips and Skaff.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2780) passed.

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

            H. B. 2780 - “A Bill to amend and reenact §49-5D-3 and §49-5D-3c of the Code of West Virginia, 1931, as amended, all relating generally to multidisciplinary teams; requiring that team members be notified that he or she may participate in team meetings electronically; requiring that the court and team members are provided a copy of the individualized service plan for a juvenile; requiring that in certain circumstances the individualized service plan for a juvenile shall be reviewed quarterly; and, authorizing the directors of juvenile detention centers to call a multidisciplinary team meeting in certain circumstances.”

            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 H. B. 2815, Clarifying and modifying the process of appointing and terminating guardians for minors; 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. 41), 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: Andes, Fragale, L. Phillips and Skaff.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2815) passed.

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

            H. B. 2842, Clarifying that time-sharing plans, accommodations and facilities are subject to regulation by the Division of Land Sales and Condominiums; 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. 42), 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: Andes, Fragale, L. Phillips and Skaff.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2842) passed.

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

Second ReadingCom. Sub. for S. B. 359, Relating generally to reforming public education; on second reading, coming up in regular order, was read a second time.

            Delegates Armstead, Border, Folk, Frich, Raines, Faircloth, Espinosa, Arvon, Householder, McCuskey, Westfall, Shott, Sumner, Sobonya, Cooper, E. Nelson, Cowles, Ambler and Ellington moved to amend the committee substitute on page ninety-four, following line seven, by inserting the following new section, designated as section nine-c, all to read as follows:

§18-3-9c. State Superintendent required to address excess bureaucracy.

(a) The Legislature finds the following:

            (1) West Virginia has one of the highest ratio of state administrators and staff to students enrolled in school in the nation; and

            (2) This ratio is greatly in excess of that in any surrounding state; and

            (3) Taxpayers and students in West Virginia deserve the most efficient use of scarce education resources possible; and

            (4) Classroom education should be the primary focus of any education paradigm.

            (b) By July 1, 2016, the State Superintendent shall undertake reductions in the Department of Education so that it shall on and after that date, at no time, exceed an employee to student ratio of more than one employee for every two thousand enrolled students. This ratio requirement shall continue to be met for each succeeding fiscal year thereafter: Provided, This ratio requirement shall not apply to the hiring of classroom teachers.”

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

            The yeas and nays having been ordered, they were taken (Roll No. 43), and there were--yeas 44, nays 52, absent and not voting 4, with the yeas and absent and not voting being as follows:

            Yeas: Ambler, Anderson, Armstead, Arvon, Ashley, Azinger, Border, Cadle, Canterbury, Cooper, Cowles, Ellem, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Folk, Frich, Gearheart, Hamilton, Hamrick, Householder, Howell, Ireland, Kump, Lane, McCuskey, Miller, E. Nelson, J. Nelson, O’Neal, Overington, Pasdon, Raines, Romine, Rowan, Shott, R. Smith, Sobonya, Storch, Sumner, Walters and Westfall.

            Absent and Not Voting: Andes, Fragale, L. Phillips and Skaff.

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

            Delegates Lane, Border, Hamrick, Espinosa, Householder, McCuskey, Shott, Cowles, Overington and Ellington moved to amend the committee substitute on page one hundred thirty-four following line eighty-five, by inserting the following:

§18A-2-12. Performance evaluations of school personnel; professional personnel evaluation process.

            (a) The state board shall adopt a written system for the evaluation of the employment performance of personnel, which system shall be applied uniformly by county boards of education in the evaluation of the employment performance of personnel employed by the board.

            (b) The system adopted by the state board for evaluating the employment performance of professional personnel shall be in accordance with the provisions of this section.

            (c) For purposes of this section, ‘professional personnel’, ‘professional’ or ‘professionals’, means professional personnel as defined in section one, article one of this chapter.

            (d) In developing the professional personnel performance evaluation system, and amendments thereto, the state board shall consult with the Center for Professional Development created in article three-a of this chapter. The center shall participate actively with the state board in developing written standards for evaluation which clearly specify satisfactory performance and the criteria to be used to determine whether the performance of each professional meets such standards.

            (e) The performance evaluation system shall contain, but shall not be limited to, the following information:

            (1) The professional personnel positions to be evaluated, whether they be teachers, substitute teachers, administrators, principals or others;

            (2) The frequency and duration of the evaluations shall be on a regular basis and of such frequency and duration as to insure the collection of a sufficient amount of data from which reliable conclusions and findings may be drawn: Provided, That for school personnel with five or more years of experience, who have not received an unsatisfactory rating, evaluations shall be conducted no more than once every three years unless the principal determines an evaluation for a particular school employee is needed more frequently: Provided, however, That for classroom teachers with five or more years of experience who have not received an unsatisfactory rating, an evaluation shall be conducted or professional growth and development plan required only when the principal determines it to be necessary for a particular classroom teacher, or when a classroom teacher exercises the option of being evaluated at more frequent intervals.

            (3) In addition to any evaluation process developed in accordance with the requirements of this section or, which is currently in effect, the state board shall allow teachers to elect to undergo an alternative professional personnel evaluation process in accordance with the following:

            (A) The alternative evaluation process shall evaluate a teacher based upon a three factor test;

            (i) Fifty percent of the weight of the evaluation shall be derived from student achievement; and

            (ii) Twenty five percent of the weight shall be derived from student surveys; and

            (iii) Twenty five percent of the weight shall be derived from classroom observation of the teacher by administrators and peers; which shall be comprised of the following:

            (I) Two observations annually from an administrator;

            (II) One peer observation for one entire class period; and

            (III) Three other peer observations of fifteen minutes each.

            (B) Teachers opting to receive this form of evaluation, shall be granted an additional bonus of one thousand dollars for each year in which they participate in this form of evaluation; this bonus is a one-time bonus not included in calculations toward retirement, and may not be construed to increase the base salary of a public employee;

            (C) Teachers opting to receive this form of evaluation, shall be granted an additional bonus of two thousand five hundred dollars for each year in which they participate in this form of evaluation, and in which their pupils meet or exceed student achievement standards; this bonus is a one-time bonus not included in calculations toward retirement, and may not be construed to increase the base salary of a public employee.

            (D)For purposes of this subsection, the relevant student achievement, student survey, and peer observations standards shall be hereafter developed by the State Board and these standards shall be conducted and determined in accordance with research findings from the Bill and Melinda Gates Foundation cumulative research on measuring effective teaching.

            (3) (4) The evaluation shall serve the following purposes:

            (A) Serve as a basis for the improvement of the performance of the personnel in their assigned duties;

            (B) Provide an indicator of satisfactory performance for individual professionals;

            (C) Serve as documentation for a dismissal on the grounds of unsatisfactory performance; and

            (D) Serve as a basis for programs to increase the professional growth and development of professional personnel;

            (4) (5) The standards for satisfactory performance for professional personnel and the criteria to be used to determine whether the performance of each professional meets such standards and other criteria for evaluation for each professional position evaluated. Effective July 1, 2003, and thereafter, Professional personnel, as appropriate, shall demonstrate competency in the knowledge and implementation of the technology standards adopted by the state board. If a professional fails to demonstrate competency, in the knowledge and implementation of these standards, he or she will be subject to an improvement plan to correct the deficiencies; and

            (5) (6) Provisions for a written improvement plan, which shall be specific as to what improvements, if any, are needed in the performance of the professional and shall clearly set forth recommendations for improvements, including recommendations for additional education and training during the professional’s recertification process.

            (f) A professional whose performance is considered to be unsatisfactory shall be given notice of deficiencies. A remediation plan to correct deficiencies shall be developed by the employing county board of education and the professional. The professional shall be given a reasonable period of time for remediation of the deficiencies and shall receive a statement of the resources and assistance available for the purposes of correcting the deficiencies.

            (g) No person may evaluate professional personnel for the purposes of this section unless the person has an administrative certificate issued by the state superintendent and has successfully completed education and training in evaluation skills through the center for professional development, or equivalent education training approved by the state board, which will enable the person to make fair, professional, and credible evaluations of the personnel whom the person is responsible for evaluating. After July 1, 1994, No person may be issued an administrative certificate or have an administrative certificate renewed unless the state board determines that the person has successfully completed education and training in evaluation skills through the center for professional development, or equivalent education and training approved by the state board.

            (h) Any professional whose performance evaluation includes a written improvement plan shall be given an opportunity to improve his or her performance through the implementation of the plan. If the next performance evaluation shows that the professional is now performing satisfactorily, no further action may be taken concerning the original performance evaluation. If the evaluation shows that the professional is still not performing satisfactorily, the evaluator either shall make additional recommendations for improvement or may recommend the dismissal of the professional in accordance with the provisions of section eight of this article.

            (i) Lesson plans are intended to serve as a daily guide for teachers and substitutes for the orderly presentation of the curriculum. Lesson plans may not be used as a substitute for observations by an administrator in the performance evaluation process. A classroom teacher, as defined in section one, article one of this chapter, may not be required to post his or her lesson plans on the internet or otherwise make them available to students and parents or to include in his or her lesson plans any of the following:

            (1) Teach and re-teach strategies;

            (2) Write to learn activities;

            (3) Cultural diversity;

            (4) Color coding; or

            (5) Any other similar items which are not required to serve as a guide to the teacher or substitute for daily instruction. and

            (j) The Legislature finds that classroom teachers must be free of unnecessary paper work so that they can focus their time on instruction. Therefore, classroom teachers may not be required to keep records or logs of routine contacts with parents or guardians.

            (k) Nothing in this section may be construed to prohibit classroom teachers from voluntarily posting material on the internet.”

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

            The yeas and nays having been ordered, they were taken (Roll No. 44), and there were--yeas 20, nays 75, absent and not voting 5, with the yeas and absent and not voting being as follows:

            Yeas: Armstead, Arvon, Border, Cooper, Cowles, Ellington, Espinosa, D. Evans, Faircloth, Hamrick, Householder, Ireland, Lane, McCuskey, O’Neal, Overington, Shott, Sobonya, Walters and Westfall.

            Absent and Not Voting: Andes, Fragale, L. Phillips, Skaff and Staggers.

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

            Delegates Frich, Armstead, Folk, Hamrick, Faircloth, Westfall and Cowles moved to amend the committee substitute on page ninety-three, line fourteen, following the word “monthly”, by inserting a colon and the words “Provided, That after June 30, 2013, the annual salary may not exceed $175,000.”

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

            The yeas and nays having been ordered, they were taken (Roll No. 45), and there were--yeas 26, nays 70, absent and not voting 4, with the yeas and absent and not voting being as follows:

            Yeas: Anderson, Armstead, Border, Cooper, Cowles, Ellem, Espinosa, Folk, Frich, Gearheart, Householder, Howell, Ireland, Kump, Lane, Miller, E. Nelson, J. Nelson, Raines, Rowan, Shott, R. Smith, Sobonya, Sumner, Walters and Westfall.

            Absent and Not Voting: Andes, Fragale, L. Phillips and Skaff.

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

            Delegates Walters, Border, Arvon, Shott, Hamrick, Cowles and Ellington moved to amend the bill on page ninety-six, line thirty-two, by inserting a new section, designated section thirteen, to read as follows:

§18-3-13. Electronic textbook pilot program.

            (a) The state superintendent shall establish an electronic textbook pilot program to be implemented in three public schools in each of the regional education service areas, which shall include one elementary one middle and one high school in each district, for the duration of four years. The public schools designated by the state superintendent for the pilot shall be diversified among rural, suburban and urban neighborhoods in each area and have significant enrollments of disadvantaged, minority and underachieving students. The designated public schools under the direction of the county board and county superintendent shall work in collaboration with the state board to develop and implement strategies that could be replicated in other public schools to improve academic achievement and provide a more efficient method of providing educational resources to students.

            (b) As used in this section, ‘electronic textbook’ means a portable digital electronic device which displays a textbook or other educational materials or presentations in digital format.

            (c) Beginning in January, 2014, on or before the first day of the regular session of the Legislature, and each year thereafter, the state superintendent shall make a status report to the Legislative Oversight Commission on Education Accountability and to the state board. The report may include any recommendations based on the progress of the demonstration project that he or she considers either necessary for improving the operations of the demonstration project or prudent for improving student achievement in other public schools through replication of successful demonstration school programs.”

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

            The yeas and nays having been ordered, they were taken (Roll No. 46), and there were--yeas 23, nays 73, absent and not voting 4, with the yeas and absent and not voting being as follows:

            Yeas: Anderson, Armstead, Arvon, Ashley, Border, Cooper, Cowles, Ellem, Ellington, Faircloth, Folk, Frich, Hamrick, Householder, Howell, Ireland, Lane, J. Nelson, O’Neal, Overington, Shott, R. Smith and Walters.

            Absent and Not Voting: Andes, Fragale, L. Phillips and Skaff.

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

            Delegates Cowles, Hamrick, Espinosa, Faircloth, Householder, Overington and Ellington moved to amend the bill on page one hundred twenty-eight, line one hundred eighty-eight, by inserting the following: 

ARTICLE 33. WEST VIRGINIANA PUBLIC CHARTER SCHOOLS ACT OF 2013.

§18-33-1. Legislative purpose and intent.

            The purpose of this article is to authorize the establishment of public charter schools. The Legislature intends for the public charter schools to provide teachers with the flexibility to design their own education environment and to provide a mechanism for discovering successful education practices that can be replicated in all public schools.

§18-33-2. Definitions.

            (a) ‘Authorizer’ means any county board of education.

            (b) ‘Governing body’ means the organized group of persons who will operate a public charter school by deciding matters including, but not limited to, budgeting, curriculum and other operating procedures for the public charter school and by overseeing management and administration of a public charter school. Each governing body shall consist of the members set forth in section seven of this article.

            (c) ‘Public charter school’ means a public school that is established and operating pursuant to this article.

            (d) ‘Sponsor’ or ‘applicant’ means a group of teachers, an education organization which may include a state institution of higher education or a local school improvement council filing an application in support of the establishment of a public charter school. A sponsor or applicant cannot be a for-profit entity, a private school, a religious or church school or promote the agenda of any religious denomination or religiously affiliated entity.

§18-33-3. Public charter schools.

            (a) Public charter schools are a part of the state program of public education.

            (b) Public charter schools are subject to any regulatory and statutory requirements related to:

            (1) Federal and state civil rights;

            (2) Federal, state and local health and safety;

            (3) Federal and state public records;

            (4) Immunizations;

            (5) School nutrition;

            (6) Confidentiality of student data;

            (7) Possession of weapons on school grounds;

            (8) Background checks and fingerprinting of personnel;

            (9) Federal and state special education services;

            (10) Student due process;

            (11) Parental rights;

            (12) Federal and state student assessment and accountability;

            (13) Open meetings;

            (14) Freedom of information;

            (15) Accounting procedures;

            (16) Purchasing procedures;

            (17) All school personnel certification requirements; and

            (18) All other provisions of state and federal law, state board rules and county board rules except for those specifically listed in subsection (c) of this section.

            (c) Subject to subsection (d), public charter schools are not subject to state laws, state board rules and county board rules related to the following:

            (1) School calendar;

            (2) Any minimum instructional minutes per day requirement;

            (3) Except as otherwise provided in this article, any personnel laws set forth in chapter eighteen-a of this code relating to hiring; termination of employment; evaluations; seniority; and reductions in force;

            (4) Required programs of study;

            (5) Instructional goals and objectives and instructional methods; and

            (6) School uniforms, subject to section eight of this article.

            (d) In addition to exempting a public charter school from the laws and rules set forth in subsection (c) of this section, the governing body of a public charter school may apply to the state board for a waiver of any provisions of its rules and to the county board for a waiver of any provisions of its rules. Also, the governing body may request the Legislature to exempt it from certain provisions or to change certain school law provisions generally.

§18-33-4. Creation or conversion of charter schools.

            (a) A public charter school may be formed by creating a new school or converting an eligible public school to charter status pursuant to the provisions of this article.

            (b) Only teachers, education organizations which may include state institutions of higher education and local school improvement councils can convert existing public schools to public charter schools. Only teachers and education organizations which may include state institutions of higher education can create new public charter schools. A local school improvement council may not create a new public charter school.

            (c) A sponsor seeking to establish a public charter school shall file a public charter school application with the county board of the county in which the sponsor plans to create the charter school.

            (d) Upon a determination that a sponsor meets the requirements set forth in this article, that the merits of the application are in the best interest of the students and that the sponsor has not engaged in any of the conduct that would justify revocation of a public charter school’s charter status pursuant to section six of this article, the county board shall approve the application. In determining whether or not to approve the application, the county board only shall consider whether the requirements of this article are satisfied, whether the merits of the application are in the best interest of the students and whether or not the sponsor has engaged in any of the conduct that would justify revocation of a public charter school’s charter status pursuant to section six of this article. The county board may not consider any other factor.

            (e) A public charter school shall be operated by a not-for-profit organization that is exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code. No charter shall be granted to a for-profit entity.

            (f) The conversion of a public school is subject to the following:

            (1) A sponsor may apply to convert an eligible public school to a public charter school pursuant to the provisions of this article only if sixty percent of the teachers assigned to the school agree and demonstrate support by signing a petition seeking conversion or the local school improvement council at the school demonstrates support by voting unanimously to seek conversion;

            (2) The petition or record of vote, as applicable, shall be submitted to the county board along with the public charter school application;

            (3) Only for the purposes of a local school improvement council voting to seek conversion, a quorum consists of all members of the local school improvement council; and

            (4) Any conversion only shall occur in between employment terms and shall be in compliance with the provisions of this article.

            (g) A sponsor may apply to create a new public charter school pursuant to the provisions of this article only if sixty percent of the teachers employed by the county board of the district where the new public charter school will be located agree and demonstrate support by signing a petition seeking conversion. The petition shall be submitted to the county board along with the public charter school application.

            (h) No charter application may be approved under this article that authorizes the:

            (1) Conversion of any private, parochial, Internet-based or home-based school to charter status; or

            (2) Creation of any private, parochial, Internet-based or home-based charter school.

            (i) Nothing in this article shall be construed to prohibit any individual or organization from providing funding or other assistance to the establishment or operation of a public charter school, but the funding or assistance shall not entitle the individual or organization to any ownership interest in the school.

§18-33-5. Application process.

            (a) At least sixty days before the proposed public charter school plans to begin operation, the sponsor seeking to establish a public charter school shall prepare and file with the county board an application providing the following information and documents:

            (1) A statement defining the mission and goals of the proposed charter school;

            (2) The proposed instructional goals and objectives and instructional methods for the school, which at a minimum, shall include teaching and classroom instruction methods that will be used to provide students with the knowledge, proficiency and skills needed to reach the goals of the school;

            (3) An operating budget for the first two years of operation of the public charter school based on anticipated enrollment;

            (4) A timetable for commencing operations as a public charter school;

            (5) Information on the minimum daily instruction time requirements, the minimum instructional day per year requirement and the amount of professional development that will be provided to personnel employed at the public charter school;

            (6) The proposed rules and policies for governance and operation of the school;

            (7) The identification of the teachers, education organization which may include a state institution of higher education or members of the local school improvement council sponsoring the proposed public charter school, including names and addresses;

            (8) The plan for management and administration of the school; and

            (9) Any other reasonable information the county board determines is necessary to ascertain whether or not the public charter school is complying with the requirements set forth in this article, whether or not the merits of the application are in the best interest of the students and whether or not the sponsor has engaged in any of the conduct that would justify revocation of a public charter school’s charter status pursuant to section six of this article. However, the county board may not require any information that places an undue hardship on the sponsor or results in unnecessary delay in the charter application process.

            (b) Much of the information required by subsection (a) of this section is for informational purposes only. Pursuant to section six of this article, the county board only has authority to deny an application for failure to meet the requirements of this article, upon a determination that the merits of the application are not in the best interest of the students or upon a determination that the sponsor has engaged in any of the conduct that would justify revocation of a public charter school’s charter status pursuant to section six of this article.

§18-33-6. Approval and denial of application; and charter status term.

            (a) The county board has authority to approve or deny applications to establish a public charter school. However, the county board may only deny an application based on failure to comply with the requirements of this article, based on a determination that the merits of the application are not in the best interest of the students or based on a determination that the sponsor has engaged in any of the conduct that would justify revocation of a public charter school’s charter status pursuant to this section. The county board shall approve any application when the applicant has fully complied with all the requirements set forth in this article, the county board has determined that the merits of the application are in the best interest of the students and the county board has determined that the sponsor has not engaged in any of the conduct that would justify revocation of a public charter school’s charter status pursuant to this section.

            (b) The county board shall approve or deny an initial charter application within ninety days of receiving the application.

            (c) If a decision of the county board is to deny a charter school application, it shall state its reasons in writing to the sponsor who submitted the application. The sponsor may correct any deficiencies and resubmit the application or submit an amended application, as applicable. Each time an application is resubmitted or an amended application is submitted, the county board shall approve or deny the charter application within sixty days.

            (d) Initial approval of a public charter school application is effective for three years from the date of approval, after which the school’s status as a public charter school is revoked unless the sponsor applies for public charter school status and the sponsor’s application is approved again pursuant to this article, subject to the following:

            (1) Any subsequent approval of a public charter school application is effective for five years from the date of approval;

            (2) The county board shall make the determination of whether the approval given is initial approval or subsequent approval. Factors that may be used in making this determination include whether the same sponsor is submitting the application, whether the mission of the school is the same, whether the charter school will be located in the same attendance zone and other factors the county board determines are relevant; and

            (3) A county board may revoke a public school’s status as a charter school before the end of the three or five year term, as applicable, only if the board determines that the governing body has engaged in gross misconduct, mismanagement of funds, incompetence, willful neglect of duty that is detrimental to student achievement or two consecutive years without improved test scores.

§18-33-7. Charter school governing body.

            (a) A public charter school shall be governed and managed by a governing body consisting of:

            (1) Four teachers elected by the faculty senate of the school;

            (2) One service person elected by the school service personnel employed at the school. Only service personnel employed as classroom aides, autism mentors, braille or sign language specialists and paraprofessionals are eligible to be elected;

            (3) Four parents, guardians or custodians of students enrolled at the school elected by the parent, guardian or custodian members of the school’s parent teacher organization. If there is no parent teacher organization, the parent, guardian or custodian members shall be elected by the parents, guardians or custodians of students enrolled at the school in such a manner as determined by the principal and approved by the governing body;

            (4) In the case of a school with students in grade nine or higher, the student body president or other student in grade nine or higher elected by the student body in those grades shall be a nonvoting member; and

            (5) The county superintendent or his or her designee shall be a nonvoting member. However, in the event of a tie vote of the governing body, the county superintendent or his or her designee shall cast a vote to break the tie.

            (b) All members of the governing body except for the county superintendent or his or her designee shall serve two-year terms. However, of the members initially elected to the governing body, two of the teachers and two of the parents, guardians or custodians shall serve a one-year term.

            (c) For a newly created public charter school, the principal of the school may serve as the governing body until the governing body is formed. However, in no event may the principal serve as the governing body for more that thirty days.

            (d) Under no circumstances may any of the parent members of the governing body be then employed at that school in any capacity nor may any of the parent members have any interest in or connection to the school other than being a parent of one or more of the students at the school.

            (e) The principal and one person from the central office selected by the county superintendent shall arrange for the elections to be held each year prior to the beginning of the instructional term and shall give notice of the elections at least one week prior to the elections being held. To the extent practicable, all elections shall be held within the same week.

            (f) Elected governing body members only may be replaced upon death, resignation or failure to appear at three consecutive meetings of the governing body for which notice was given.

            (g) As soon as practicable after the election of governing body members and no later than the first day of the instructional term, the principal shall convene an organizational meeting of the governing body. The principal shall notify each member in writing at least two employment days in advance of the organizational meeting. At this meeting, the governing body shall elect from its membership a chair to serve a one-year term and a person may not serve as chair for more than two consecutive terms. If the chair’s position becomes vacant for any reason, the principal shall call a meeting of the governing body to elect another qualified person to serve the unexpired term. Once elected, the chair is responsible for notifying each member of the governing body in writing two employment days in advance of any meeting of the governing body.

            (h) The governing body of each charter school shall meet at least monthly. Upon application of three fifths of the members of the governing body in writing, the chair shall call a meeting of the governing body. If the chair’s position is vacant for any reason, upon application of three fifths of the members of the governing body in writing, the principal shall call a meeting of the governing body.

§18-33-8. Compliance.

            (a) A public charter school shall:

            (1) Operate as a public, nonsectarian, nonreligious public school, with control of instruction vested in the governing body of the school under the general supervision of the county board and in compliance with the charter application as approved by the county board and this article;

            (2) Meet the same performance standards adopted by the state board for other public schools;

            (3) Receive state, federal and local funds from the county board of the district in which the school is located; and

            (4) Provide special education services as required for all public schools by federal law.

            (b) A public charter school shall be subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, national origin, religion, ancestry or need for special education services.

            (c) A public charter school shall comply with all applicable health and safety standards, regulations and laws of the United States and State of West Virginia.

            (d) A public charter school shall be accountable to the county board pursuant to this article.

            (e) A public charter school shall be governed and managed by a governing body pursuant to section seven of this article.

            (f) The governing body of a public charter school shall be subject to section five, article two, chapter six-b and any other ethical standards that are applicable to county board members.

            (g) The meetings of the governing body of a public charter school are considered public business and shall comply with the Open Governmental Proceedings Act set forth in article nine-a, chapter six of this code.

            (h) All teachers in a charter school must have a current valid West Virginia teaching certificate or permit.

            (i) A public charter school is subject to all state audit procedures and audit requirements, and shall submit quarterly financial reports to the county board of the district in which the public charter school is located.

            (j) A public charter school shall not charge tuition.

            (k) A public charter school shall be operated on a July 1 to June 30 fiscal year and the governing body shall adopt and operate under an annual budget for the fiscal year. The budget shall be prepared in the same format as that required for county boards, and shall be presented to the county board before the start of the fiscal year.

            (l) A public charter school shall maintain its accounts and records in accordance the Governmental Accounting Standards Board standards.

            (m) A public charter school shall require all students to wear a school uniform.

            (n) Teachers at a public charter school shall be paid a salary that is equivalent to the salary of other teachers in the county with the same years of service and collegiate or graduate hours. Teachers certified by the National Board for Professional Teaching Standards also shall be paid the bonus pursuant to section two-a, article four, chapter eighteen-a of this code. Additionally, the governing body of the public charter school may award performance pay based on a career ladder concept to teachers at the school using funds of the public charter school. The performance pay based on a career ladder concept shall be based on increases in student achievement and other factors.

            (o) Service personnel at a public charter school shall be paid an amount that is equivalent to the pay of other service personnel in the county with the same years of service and pay grade. Service personnel also shall be paid the additional amounts set forth in section eight-a, article four, chapter eighteen-a of this chapter.

            (p) A public charter school shall have a faculty senate pursuant to section five, article five-a of this chapter, subject to the following:

            (1) The governing body may elect to allocate any amount of funding to the faculty senate. No funds may be allocated to the faculty senate pursuant to section nine, article nine-a of this chapter;

            (2) Any process established for faculty members to interview new prospective professional educators and paraprofessional employees at the school pursuant to section five, article five-a of this chapter shall be consistent with section fourteen of this article;

            (3) The authority of a faculty senate to review the evaluation procedure as conducted in their school to ascertain whether the evaluations were conducted in accordance with section twelve, article two, chapter eighteen-a of this code does not make public charter schools subject to that section. The faculty senate at a public charter school may review the evaluation procedure and the evaluation procedure as conducted and make recommendations to the principal, governing body or both; and

            (4) The provisions of section five, article five-a of this chapter requiring that a faculty senate be provided a two-hour block of time for a faculty senate meeting on a day scheduled for the opening of school and a two-hour block of time on each instructional support and enhancement day does not require a public charter school to dedicate a day for the opening of school or to schedule instructional support and enhancement days pursuant to section forty-five, article five of this chapter. However, a public charter school at least shall provide comparable amounts of time at comparable intervals for the faculty senate to meet.

            (q) A public charter school is subject to an audit by the office of education performance audits pursuant to section five, article two-e of this chapter. However, no part of that section makes a public charter school subject to any other legal requirements that a public charter school is otherwise exempt from pursuant to this article.

            (r) A public charter school employee is eligible to file a grievance pursuant to article two, chapter six-c of this code. This subsection does not make any personnel provisions set forth in chapter eighteen-a of this code relating to hiring, termination of employment, evaluations, seniority and reductions in force applicable to public charter schools.

§18-33-9. Funding.

            (a) The county board of the county in which a public charter school is located shall allocate one hundred percent of the state and local education funds to the public charter school based on the per pupil expenditure of the county board for current operations, subject to sections eleven and fourteen of this article. The per pupil expenditure shall be based on the second month headcount enrollment of the district for the previous school year. All funds shall be spent according to the budget required to be adopted pursuant to section eight of this article, subject to state and federal law.

            (b) For a newly created public charter school, funds which would otherwise be allocated on the basis of enrollment in the prior year shall be allocated, during the first full academic year of operation of any public charter school, on the basis of the anticipated enrollment in the charter application as approved by the county board, which amount shall be subsequently adjusted to reflect the actual number of students enrolled.

            (c) A public charter school also may be funded by federal grants; grants, gifts, devises or donations from any private sources; and state funds appropriated for the support of the public charter school, if any, and any other funds that may be received by the county board of the district in which the public charter school is located. Receipt of any of these funds except funds from the county board shall be reported to the county board. Public charter schools, county boards and the state superintendent are encouraged to apply for federal funds appropriated specifically for the support of charter schools.

§18-33-10. Enrollment.

            Enrollment at a public charter school shall be determined pursuant to section sixteen, article five of this chapter and in the same manner as enrollment is determined for all other public schools in the district.

§18-33-11. Student transportation.

            (a) Transportation shall be provided by agreement with the county board of the district within which the school is located in the same manner it would be provided if the students were enrolled in any other school within the district. The county board may reduce the amount of funding paid to the public charter school under section nine of this article or may otherwise charge the public charter school for the transportation services pursuant to the agreement between the county board and the public charter school.

            (b) Except for any agreement with the county board to provide transportation services to public charter school students, a public charter school may not contract out for transportation services.

§18-33-12. Information on charter schools.

            (a) The state superintendent shall provide information to the public through the department of education’s Internet site and otherwise on how to form and operate a public charter school. This information shall include a standard application format which shall include the information specified in section five of this article.

            (b) The state superintendent shall monitor the status of charter school applications and shall maintain information on the total number of charter school applications, total number of charter school applications granted by type of school and total number of charter school applications denied.

§18-33-13. Accumulation of seniority; years of service; deselected school personnel; and resignation.

            (a) School personnel employed in a public charter school shall accrue seniority in the district in which the public charter school is located.

            (b) School personnel employed in a public charter school shall accrue years of service for the purposes of salary and retirement.

            (c) Any permanently employed instructional person at a public charter school who is deselected or resigns shall continue to hold that status as a permanently employed instructional person solely for the purpose of applying for a position in a regular public school pursuant to section seven-a, article four, chapter eighteen-a of this code. Any regularly employed service person at a public charter school who is deselected or resigns shall continue to hold that status as a regularly employed service person solely for the purposes of applying for a position in a regular public school pursuant to section eight-b, article four, chapter eighteen-a of this code. Any person holding permanently employed instructional person status or regularly employed service person status pursuant to this subsection only shall retain that status pursuant to this subsection until he or she is selected for another position in a regular public school.

            (d) Any person employed by a public charter school who is deselected pursuant to section eight, article two, chapter eighteen-a shall not retain the status of a permanently employed instructional person or a regularly employed service person, as applicable, pursuant to subsection (c) of this section.

            (e) The transfer limitations and conditions set forth in section seven-a, article four, chapter eighteen-a of this code for persons assigned to professional positions and the transfer limitations and conditions set forth in section eight, article five, chapter eighteen-a of this code for autism mentors and aides who work with autistic students apply to subsection (c) of this section.

§18-33-14. Employment of school personnel; performance pay based on a career ladder concept; insurance; retirement.

            (a) School personnel employed at a public charter school are considered employees of the county board of the district in which the public charter school is located for the purposes of salary and benefits. Therefore, all school personnel employed at a public charter school are:

            (1) Eligible for public employee insurance agency benefits in the same manner that other school personnel employed by the county board of the district in which the school is located are;

            (2) Eligible to participate in either the Teachers Retirement System or the defined contribution plan, as applicable, in the same manner that other school personnel employed by the county board of the district in which the school is located are; and

            (3) Eligible for any other benefits provided to other school personnel employed by the county board.

            (b) The county board initially shall select the principal of a public charter school. Thereafter, the selection and deselection of the principal shall be made by the county board only upon recommendation of the governing body. Before July 1 of each year, the governing body shall make a recommendation to the county board as to whether to retain the current principal for the next school year or to deselect the current principal. This recommendation to the county board is nonbinding.

            (c) Each public charter school shall establish an advisory group for selecting and deselecting teachers at the charter school. This advisory group shall consist of the four teachers on the governing board and one other teacher employed at the public charter school selected by the other teachers at the school. The selection of the one public charter school teacher shall be by an election administered by the principal and one person from the central office selected by the county superintendent. The advisory group shall interview all teacher candidates and recommend one or more candidates for the teaching position. If the principal notifies the advisory group that none of the recommended candidates are acceptable for the teaching position, the advisory group shall recommend one or more additional candidates for the teaching position. This process shall continue until a teacher is hired by the principal to fill the position. For any teacher conducting an interview pursuant to this subsection during a time that is not part of his or her employment term, the public charter school shall pay that teacher in an amount that is based on the time spent conducting the interviews and that teacher’s normal rate of pay. However, no teacher may be paid more than the equivalent of five days pay annually for conducting the interviews.

            (d) The advisory group required to be created by this section shall recommend a system of performance pay based on a career ladder concept to the governing body within one year of the public charter school receiving its initial authorization. The recommended system of performance pay based on a career ladder concept shall include increases in student achievement and other factors.

            (e) The principal of a public charter school shall select personnel to fill positions in the public charter school and the county board shall employ those personnel and assign them to the public charter school. The county board also shall deselect school personnel assigned to a public charter school upon the request of the principal of a public charter school. The principal has supervisory authority over the school personnel assigned to the school.

            (f) The county board may not select, deselect or transfer any person employed at a public charter school without the request or direction of the principal of the public charter school.

            (g) The county board shall either reduce the amount of funding paid to the public charter school under section nine of this article or may otherwise charge the public charter school for the cost of the salaries and benefits for the school personnel employed by the county board and assigned to the charter school.

§18-33-15. Termination of public charter school.

            (a) Upon dissolution of a public charter school for any reason or if a charter is not renewed, any unencumbered public funds from the public charter school revert to the county board of the district in which the public charter school is located.

            (b) If a public charter school is dissolved for any reason or a charter is not renewed, the charter school is responsible for all debts of the charter school. Neither the county board of the district where the charter school is located or any other governmental entity may assume the debt from any contract for services made between the governing body of the public charter school and a third party, except for a debt that is previously detailed and agreed upon in writing by both the county board and the governing body of the public charter school.

§18-33-16. Public charter school evaluation.

            (a) During the 2017-2018 interim period, the Legislative Oversight Commission on Education Accountability shall conduct a comprehensive evaluation of public charter schools in West Virginia. The evaluation at least shall include a review of academic achievement in charter schools and the identification of successful practices that should be replicated in other public schools in the state.

            (b) In addition to the comprehensive review required in subsection (a) of this section, the Legislative Oversight Commission on Education Accountability also shall conduct limited annual evaluations.

            (c) The Legislative Oversight Commission on Education Accountability may request the Joint Committee on Government and Finance to contract with a nationally recognized independent entity with expertise in the subject matter to conduct both the comprehensive evaluation and the limited annual evaluations and report to the Legislative Oversight Commission on Education Accountability.

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

            The yeas and nays having been ordered, they were taken (Roll No. 47), and there were--yeas 18, nays 78, absent and not voting 4, with the yeas and absent and not voting being as follows:

            Yeas: Armstead, Arvon, Border, Cooper, Cowles, Ellington, Espinosa, D. Evans, Faircloth, Gearheart, Hamrick, Householder, Lane, E. Nelson, O’Neal, Overington, R. Smith and Walters.

            Absent and Not Voting: Andes, Fragale, L. Phillips and Skaff.

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

            There being no further amendments, the bill was ordered to engrossment and third reading.

            Com. Sub. for H. B. 2124, Creating new code sections which separate the executive departments; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2360, Relating to public school support computation of local share; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 2508, Changing the capital investment threshold amount; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2514, Lowering the total amount of tax credits available under the Film Industry Investment Act; on second reading, coming up in regular order, was read a second time.

            Delegate Cowles moved to amend the bill on page two, line seven, after the word “percent”, by inserting a colon and the words “Provided, however, That in no event shall any credits authorized under this section be allowed to be carried back, transferred, nor carried forward, for use in any tax year other than the one for which they were authorized.”

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

            The yeas and nays having been ordered, they were taken (Roll No. 48), and there were--yeas 26, nays 69, absent and not voting 5, with the yeas and absent and not voting being as follows:

            Yeas: Ambler, Armstead, Border, Canterbury, Cooper, Cowles, Ellington, Espinosa, D. Evans, Faircloth, Folk, Gearheart, Hamrick, Householder, Howell, Ireland, Kump, Lane, McCuskey, Miller, E. Nelson, J. Nelson, Overington, Raines, Rowan and Westfall.

            Absent and Not Voting: Andes, Fragale, L. Phillips, Shott and Skaff.

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

            Delegate Cowles then moved to amend the bill on page three, line twenty-one, by inserting the following new subsection:

            “(e) For tax years beginning after December 31, 2015, no further credits shall be allotted under the provisions of this section.”

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

            The yeas and nays having been ordered, they were taken (Roll No. 49), and there were--yeas 16, nays 78, absent and not voting 6, with the yeas and absent and not voting being as follows:

            Yeas: Ambler, Armstead, Cooper, Cowles, Ellington, D. Evans, Faircloth, Folk, Householder, Ireland, Kump, Lane, McCuskey, E. Nelson, Overington and R. Smith.

            Absent and Not Voting: Andes, Fragale, Marcum, L. Phillips, Shott and Skaff.

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

            The bill was then ordered to engrossment and third reading.

            H. B. 2516, Updating the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2534, Relating to the regulation of pawn brokers; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 2784, Relating to the Deputy Sheriff Retirement System Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 2814, Relating to human trafficking; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2848, Providing the process for requesting a refund after forfeiture of rights to a tax deed; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2858, Relating generally to consumer rate relief bonds; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 2933, Providing notification to a prosecuting attorney of an offender’s parole hearing and release; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

First ReadingH. B. 2463, Repealing the article that permits the sterilization of persons deemed to be mentally incompetent; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Leaves of Absence

            At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Andes, Fragale, L. Phillips and Skaff.

Remarks by Members

            Delegate Caputo requested that the following remarks be printed in the Appendix to the Journal:

Delegate Householder, on the amendment offered by Delegate Lane to Com. Sub. for S. B 359

                        Delegate Frich, on her own amendment to Com. Sub. for S. B. 359

Delegate J. Nelson, on the amendment offered by Delegate Frich to Com. Sub. for S. B. 359

            Delegate Perdue requested that the remarks of Delegate Manypenny concerning his legislation on medical marijuana be printed in the Appendix to the Journal.

            Subsequently,

            Delegates Householder and Frich expressed their objection to their above referenced remarks being printed in the Appendix to the Journal relative to Com. Sub. for S. B. 359.

            The Speaker, in consultation with the Clerk, advised the members having objection to their remarks being printed to file a written statement with the Clerk expressing such objection.

            Delegates Householder, Frich and J. Nelson submitted such written objection to the Clerk.

            At 2:02 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, March 22, 2013.

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