House Journal

__________*__________

 

Tuesday, February 17, 2015

THIRTY-FIFTH DAY

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

 

 

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

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

            The Clerk proceeded to read the Journal of Monday, February 16, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            Delegate Shott, 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. 2726, Clarifying choice of laws issues in product’s liability actions,

            And reports the same back with the recommendation that it do pass.

            Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:

            Your Committee on Government Organization has had under consideration:

            H. B. 2625, Continuing the current hazardous waste management fee,

            And reports the same back with the recommendation that it do pass.

            Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:

            Your Committee on Government Organization has had under consideration:

            H. B. 2220, Providing a limit on consulting fees,

            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. 2220) was referred to the Committee on Finance.

            Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:

            Your Committee on Government Organization has had under consideration:

            H. B. 2737, Prohibiting licensure board from hiring or contracting with lobbyist,  

            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. 2737) was referred to the Committee on the Judiciary.

            Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:

            Your Committee on Government Organization has had under consideration:

            H. B. 2492, Repealing the requirement that an entity charging admission to view certain closed circuit telecast or subscription television events needs to obtain a permit from the State Athletic Commission,

            And,

            Com. Sub. for S. B. 255, Eliminating certain boards, councils, committees, panels, task forces and commissions,

            And reports the same back with the recommendation that they each do pass.

            Delegate Shott, 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. 2461, Relating to delinquency proceedings of insurers,

            And reports the same back with the recommendation that it do pass.

            Delegate Gearheart, 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. C. R. 37, The U. S. Army PV2 Eskridge A. Waggoner Memorial Bridge,

            H. C. R. 38, The Captain John Bond and the West Virginia State Troops Memorial Bridge,

            H. C. R. 46, The U. S. Army SSG James C. Vickers and U. S. Marine Corps PFC Randall Carl Phelps Memorial Bridge,

            And reports the same back with the recommendation that they each be adopted, but that they first be referred to the Committee on Rules.

            In accordance with the former direction of the Speaker, the resolutions (H. C. R. 37, H. C. R. 38 and H. C. R. 46) were each referred to the Committee on Rules.

            Delegate Gearheart, 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. 2225, Relating to roof-mounted off-road light bar lighting devices,

            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. 2225) was referred to the Committee on the Judiciary.

            Delegate Gearheart, 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. 2571, Creating a fund for pothole repair contributed to by private businesses or entities,            And,

            H. B. 2778, State Infrastructure Fund Program, 

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2571 and H. B. 2778) were each referred to the Committee on Finance.

            Delegate Gearheart, 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. C. R. 20, The Virginia and U. S. Army Major Woodrow Cook Memorial Road,

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

            Com. Sub. for H. C. R. 20 - “Requesting the Division of Highways to name U. S. Route 54/6 in Wyoming County the ‘U. S. Army Major Woodrow Cook and Virginia Cook Memorial Road’,”

            And,

            H. C. R. 36, The US Army SPC David H. Stamper Memorial Bridge,

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

            Com. Sub. for H. C. R. 36 - “Requesting the Division of Highways to name the bridge on Route 119, over WV Route 10 near Chapmanville in Logan County, bridge number 23-119-15.56 (23A095), latitude 37.97487, longitude -82.01675, as the ‘U.S. Army SPC David H. Stamper Memorial Bridge’,”

            With the recommendation that the committee substitutes each be adopted, but that they first be referred to the Committee on Rules.

            In accordance with the former direction of the Speaker, the resolutions (H. C. R. 20 and H. C. R. 36) were each referred to the Committee on Rules.

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

            Your Committee on Education has had under consideration:

            H. B. 2702, Redefining service personnel class titles of early childhood classroom assistant teacher.

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

            Com. Sub. for H. B. 2702 – “A Bill to amend and reenact §18-5-18 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-8, §18A-4-8a and §18A-4-8b of said code, all relating to redefining service personnel class titles of early childhood classroom assistant teacher; protecting certain aides from reduction in force or transfer to create vacancy for less senior early childhood classroom assistant teacher; requiring aide who becomes employed as early childhood classroom assistant teacher to hold certain multiclassification status; and including early childhood assistant classroom assistant teacher in same classification category as aides,”

            With the recommendation that the committee substitute do pass.

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

            Your Committee on Education has had under consideration:

            H. B. 2478, Relating to public school finance,

            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. 4278) 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, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 142 - “A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to promulgation of administrative rules by Department of Administration; legislative mandate or authorization for promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing Department of Administration to promulgate a legislative rule relating to Purchasing Division; authorizing Department of Administration to promulgate a legislative rule relating to state-owned vehicles; authorizing Department of Administration to promulgate a legislative rule relating to the state plan for the operation of the West Virginia State Agency for Surplus Property; authorizing Consolidated Public Retirement Board to promulgate a legislative rule relating to refund, reinstatement, retroactive service, loan and employer error interest factors; authorizing Consolidated Public Retirement Board to promulgate a legislative rule relating to Deputy Sheriffs Retirement System; authorizing Consolidated Public Retirement Board to promulgate a legislative rule relating to service credit for accrued and unused sick and annual leave; and authorizing Office of Technology to promulgate a legislative rule relating to the procedures for sanitization, retirement and disposition of information technology equipment”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and request the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 378 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-3B-6, relating to permitting licensing of any electrician who did not renew his or her electrician’s license issued earlier by State Fire Marshal; and renewing license without retesting if earlier license was not revoked and renewal fee is paid for each year lapsed”; which was referred to the Committee on Government Organization.

Resolutions Introduced

            Delegates Hamrick, Waxman, Miley, Trecost, Mr. Speaker, Mr. Armstead, J. Nelson, Gearheart, McCuskey and Espinosa offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 68 - “Requesting the Division of Highways to name Bridge number 17-9-5.09 (17A350) (39.3443, -80.4013) locally known as Gregory Run Bridge carrying CR 9 over TenMile Creek, in Harrison County, the ‘Army SSG Harold “Dean” Baker Memorial Bridge’.”

            Whereas, Harold ‘Dean’ Baker was born on October 13, 1923, in Salem, West Virginia, the son of William Henry Baker and Mae Davis Baker. He enlisted in the Army Air Force on December 8, 1942 and received an honorable discharge on October 31, 1945. During his service he was a Staff Sergeant with the 15^th Air Force of the 737^th Bomb Squadron, 454^th Bomb Group as an Aerial Gunner and Radio Operator. On April 21, 1944, while on a mission to bomb oil fields in Romania, the B-24 Bomber he was on developed engine problems and crash landed in Yugoslavia on its return. He was taken prisoner and was in Stalag Luft 3 in Poland and later taken to Nuremberg, Germany. He was liberated on April 25, 1945; and

            Whereas, Harold ‘Dean’ Baker married Georgia L. Elbon in 1946 and lived in Reynoldsville until his death in September, 2000. He retired as a self-employed carpenter at the age of forty-two, due to disabling arthritis, and other health problems. He was a member of the Veterans of Foreign Wars Post No. 573, Disabled American Veterans Chapter 1, Barb-Wire Mountaineers, West Virginia ex-prisoners of war, and the Reynoldsville Baptist Church. He was survived by sons Kevin Baker and wife, Terri Baker, Sardis, West Virginia, Gary Baker and wife, Cheryl Baker, Reynoldsville, West Virginia, daughter Cathy Wells and husband, William Wells, Salem, West Virginia and a now deceased daughter Vicki Baker Bowers, eight grandchildren, four great-grandchildren and two great-great grandchildren; and

            Whereas, Naming the Bridge number 17-9-5.09 (17A350) (39.3443, -80.4013) locally known as Gregory Run Bridge carrying CR 9 over TenMile Creek, in Harrison, the “Army SSG Harold ‘Dean’ Baker Memorial Bridge” is an appropriate recognition of his contributions to his country, state, community and Harrison County; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the Bridge number 17-9-5.09 (17A350) (39.3443, -80.4013) locally known as Gregory Run Bridge carrying CR 9 over TenMile Creek, in Harrison County, the “Army SSG Harold ‘Dean’ Baker Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “Army SSG Harold ‘Dean’ Baker 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 the surviving relatives of Harold “Dean” Baker.

            Delegates Butler, Ambler, Anderson, Ashley, Azinger, Bates, Blair, Boggs, Butler, Byrd, Campbell, Canterbury, Cooper, Cowles, Duke, Eldridge, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Fast, Ferro, Fluharty, Foster, Frich, Gearheart, Hamilton, Hamrick, Hanshaw, Hartman, Hicks, Hill, Hornbuckle, Householder, Ihle, Ireland, Kelly, Kessinger, Kurcaba, Longstreth, Manchin, Marcum, McGeehan, Miley, Miller, Moffatt, Morgan, Moye, Nelson, E., Nelson, J., O’Neal, Overington, Pasdon, Perdue, Pethtel, L. Phillips, R. Phillips, Reynolds, Rodighiero, Shott, R. Smith, Sobonya, Sponaugle, Summers, Trecost, Wagner, Walters, Waxman, H. White, Williams and Zatezalo offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 69 - “Urging Congress to change U.S. Environmental Protection Agency standards that make it difficult to complete planning and construction of public projects.”

            Whereas, The rigid standards of U.S. Environmental Protection Agency as they relate to the planning and construction of many public projects such as road building are overly burdensome and create difficulties that increase the cost and time involved on these projects; and

            Whereas, Continued imposition of such rigid and unreasonable standards will further impact the financial stability of the State of West Virginia in an unstable economy; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby urges Congress to change and streamline the standards of the U.S. Environmental Protection Agency to help reduce cost of road construction and other public projects in West Virginia; and, be it

            Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the members of the West Virginia Delegation to the Congress of the United States and the President of the United States and the U.S. Environmental Protection Agency.

            Delegates Cooper, Ambler, Cadle, O’Neal and Canterbury offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 70 - “Requesting the Division of Highways to name the Indian Creek Bridge #3, bridge number 32-122-8.95 (32A056) (37.52981, -80.65837) carrying WV 122 over Indian Creek, in Fayette County, the ‘Army SPC 4 Everette R. Johnson Memorial Bridge’.”

            Whereas, Everette R. Johnson was born on November 7, 1947, in Beckley, West Virginia, the son of John C. and Minnie Louise Johnson. He lived most of his life in Monroe County and was educated in Monroe County schools, graduating from Greenville High School in 1965. He was married to Sue G. Loan and they were expecting their first child when Everette was killed in Vietnam on February 7, 1968; and

            Whereas, Everette R. Johnson was survived by his widow and son, Robert Johnson, Jr., who was born in August, 1968, and his mother and father, sister Darlene Johnson and three brothers, Wayne, David and Maury; and

            Whereas, Naming the Indian Creek Bridge #3, bridge number 32-122-8.95 (32A056) (37.52981, -80.65837) carrying WV 122 over Indian Creek, in Fayette County, the “Army SPC 4 Everette R. Johnson Memorial Bridge” is an appropriate recognition of his contributions and his supreme sacrifice to his country, state, community and Monroe County; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the Indian Creek Bridge #3, bridge number 32-122-8.95 (32A056) (37.52981, -80.65837) carrying WV 122 over Indian Creek, in Fayette County, the “Army SPC 4 Everette R. Johnson Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “Army SPC 4 Everette R. Johnson 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 the surviving relatives of Everette R. Johnson.

            Delegates Rodighiero, Hicks, Marcum and Eldridge offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 71 - “Requesting the Division of Highways to name the portion of West Virginia Route 10 in Logan County, from latitude 37.952 and longitude -82.013, near the Chafin Bridge, to latitude 37.942 and longitude -82.016, near Godby Bottom Road, the ‘Thomas Owen Perry Sr. Highway’.”

            Whereas, Thomas Owen Perry Sr. was a Quartermaster of VFW Post 6153, a member of American Legion Post 103, Commander of DAV Post 103, a veteran of the Vietnam War and a 32^nd Degree Mason; and

            Whereas, It is fitting that Thomas Owen Perry Sr. be memorialized in the area where he lived; therefore, be it

            Resolved by the Legislature:

            That the Legislature hereby requests the Division of Highways to name the portion of West Virginia Route 10 in Logan County, from latitude 37.952 and longitude -82.013, near the Chafin Bridge, to latitude 37.942 and longitude -82.016, near Godby Bottom Road, the “Thomas Owen Perry Sr. Highway”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the designated highway containing bold and prominent letters proclaiming the designated portion of West Virginia Route 10 the “Thomas Owen Perry Sr. Highway”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of Transportation, the Commissioner of Highways, and the family of the late Thomas Owen Perry, Sr.

            Delegates Lynch, Rowe, A. Evans, Hamilton, Morgan, Perry, Campbell, H. White, Miley, Caputo and Trecost offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 72 - “Requesting the Division of Highways to name the portion of West Virginia Route 20 from mile marker 7.30 to mile marker 19.94, in Webster County, the ‘Webster County Veterans Highway’.”

            Whereas, A large number of Webster County men and women have served in the nation’s armed forces; and

            Whereas, Webster County veterans have been wounded or lost their lives in military service; and

            Whereas, The citizens of Webster County wish to honor the memory and sacrifices of its many veterans with a fitting memorial; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the portion of West Virginia Route 20 from mile marker 7.30 to mile marker 19.94, in Webster County, the “Webster County Veterans Highway”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the designated portion of highway containing bold and prominent letters proclaiming the portion of highway the “Webster County Veterans Highway”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Webster County Commission and a certified copy to the Commissioner of the Division of Highways.

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

By Delegates Sponaugle, Perdue, Hornbuckle, Marcum, Pushkin, L. Phillips, Williams, Lynch, Hartman, R. Phillips and Campbell:

            H. J. R. 23 - “Proposing an amendment to the Constitution of the State of West Virginia, amending section 1b, article X thereof, relating to exempting volunteer emergency personnel from ad valorem property taxation; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on the Judiciary then Finance.

By Delegates Sponaugle, Perdue, Fluharty, Hornbuckle, Trecost, Marcum, Pushkin, L. Phillips, Byrd, Williams and Lynch:

            H. J. R. 24 - “Proposing an amendment to the Constitution of the State of West Virginia, amending section 1b, article X thereof, relating to exempting honorably discharged veterans of the armed forces of the United States from ad valorem property taxation on the first $30,000 of assessed value of a primary residence; numbering and designating the proposed amendment; and providing a summarized statement of the purpose of the proposed amendment”; to the Committee on the Judiciary then Finance.

            Delegates McGeehan, Householder, Hamilton, Storch and Faircloth offered the following resolution, which was read by its title and referred to the Committee on Veterans’ Affairs and Homeland Security then Rules:

            H. R. 10 - “Requesting that the President and Congress of the United States of America take no action to call the West Virginia National Guard into active duty combat unless the United States Congress has passed an official declaration of war or has taken an official action pursuant to Article I, § 8, Clause 15 of the United States Constitution to explicitly call forth the state militia to execute the laws of the union, repel an invasion or suppress an insurrection.”

            Whereas, Article I, Section 8 of the Constitution of the United States vests in the United States Congress the exclusive power of war; and

            Whereas, In spite of the clear language of the United States Constitution, vesting the power over war exclusively in the United States Congress, the United States Executive branch has unconstitutionally assumed that power while the United States Congress has abdicated its constitutional duty; and

            Whereas, Although the United States Congress has not declared war in over seventy years, the nation has since gone to war repeatedly at the whim of the Executive branch; and

            Whereas, When such unconstitutional actions are taken by the federal government, it is the proper role of the states themselves to take action to remedy such situations, as outlined in the Kentucky and Virginia Resolutions of 1798; and

            Whereas, A founder of this country, George Washington, once wrote “The Constitution vests the power of declaring war in Congress; therefore no offensive expedition of importance can be undertaken until after they shall have deliberated upon the subject and authorized such a measure”; and

            Whereas, The Father of the Constitution, James Madison, once wrote: “The Constitution supposes, what the History of all Governments demonstrates, that the Executive is the branch of power most interested in war, and most prone to it. It has accordingly with studied care vested the question of war to the Legislature”; and

            Whereas, The author of the Declaration of Independence, Thomas Jefferson, once wrote “We have already given in example one effectual check to the dog of war by transferring the power of letting him loose from the Executive to the Legislative body. . . ‘and’ Considering that Congress alone is constitutionally invested with the power of changing our condition from peace to war, I have thought it my duty to await their authority for using force in any degree which could be avoided”; and

            Whereas, Another constitutional framer, Alexander Hamilton, once wrote: “The Congress shall have the power to declare war; the plain meaning of which is, that it is the peculiar and exclusive duty of Congress, when the nation is at peace, to change that state into a state of war. . .”; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the State of West Virginia hereby respectfully urges that the President and Congress of the United States of America take no action to call the West Virginia National Guard into active duty combat unless the United States Congress has passed an official declaration of war or has taken an official action pursuant to Article I, § 8, Clause 15 of the United States Constitution to explicitly call forth the state militia to execute the laws of the union, repel an invasion or suppress an insurrection; and, be it

            Further Resolved, That the State of West Virginia forward official copies of the resolution to the President of the United States, to the President of the Senate and Speaker of the House of Representatives of the United States Congress with the request that this resolution be officially entered into the Congressional Record as a memorial to the Congress of the United States of America.

            Delegates Williams, H. White, Boggs, Eldridge, Hartman, Longstreth, Pethtel, Campbell, Hicks, Rodighiero, Anderson, Ashley, Bates, Butler, Byrd, Caputo, A. Evans, Faircloth, Ferro, Fleischauer, Fluharty, Guthrie, Hamilton, Hornbuckle, Howell, Lynch, McCuskey, Miley, Morgan, Moye, E. Nelson, J. Nelson, Perry, L. Phillips, Pushkin, Reynolds, Romine, Rowan, Rowe, Shott, Skinner, P. Smith, R. Smith, Sponaugle, Trecost, Wagner, Westfall and Frich offered the following resolution, which was read by its title and referred to the Committee on Finance then Rules:

            H. R. 11 - “Expressing the support of the House of Delegates for the Lottery Commission to implement creative methods for selling Veteran Lottery tickets to help fund the West Virginia Veterans Home, and for the Lottery Commission to investigate the feasibility of implementing the methodology proposed by this resolution as a new alternative to promote their sales.”

            Whereas, The West Virginia Veterans Home is reserved and designed for veterans in need

of a convenient and comfortable home; and

            Whereas, West Virginia continues to support veterans and recognizes their service as well as their needs; and

            Whereas, The West Virginia Veterans Home receives funds from the sale of designated veterans lottery tickets through the West Virginia Lottery; and

            Whereas, In order to enhance sales and generate much needed revenue for the Veterans Home, the Lottery Commission should consider authorizing and promoting the sale by retailers of bulk bundles or packets of Veterans Lottery tickets to veterans groups, implementing any necessary rule or other requirements to assure these sales are lawful and consistent with lottery requirements; and

            Whereas, When lottery retailers distributing these tickets to veterans groups for sales to their members, and providing a method for payout from these additional sales, would help sales by having these groups vested in instigating these sales; and

            Whereas, Enhancement of the revenue received by the West Virginia Veterans Home would be greatly beneficial to the resident veterans; therefore, be it

            Resolved by the House of Delegates:

            That the House of Delegates hereby expresses its support of veterans and the West Virginia Veterans Home by reviewing these proposals to further address the funding needs and provide avenues to promote and enhance lottery sales that directly benefit veterans programs; and, be it

            Further Resolved, That the Clerk of the House of Delegates, forward a certified copy to the West Virginia Department of Veterans Assistance and the West Virginia Lottery Commission.

Bills Introduced

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

By Delegates Pasdon, Statler, Kurcaba, Sobonya, Espinosa, Rohrbach, Fleischauer, Miller, Perry and Morgan:

            H. B. 2779 - “A Bill to amend and reenact §47-2-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto four new sections, designated §47-2-14a, §47-2-14b, §47-2-14c and §47-2-14d, all relating to trademark counterfeiting and forfeiture; creating the crime of trademark counterfeiting; and providing penalties”; to the Committee on the Judiciary.

By Delegates Pasdon, Statler, Kurcaba, Duke, Sobonya, Espinosa, Rohrbach, Fleischauer, Miller and Morgan:

            H. B. 2780 - “A Bill to amend and reenact §18B-4-5 of the Code of West Virginia, 1931, as amended, and to amend and reenact §30-29-8 of said code, all relating to enhancing the ability of campus police officers at state institutions of higher education to perform their duties; authorizing certain higher education campus police officers to receive compensation for attending law-enforcement training academies; authorizing governing boards to apply for certain funds available to law-enforcement agencies; authorizing governing boards to compensate campus police officers for attending law-enforcement training academies; and providing for agreements to reimburse employers for wages and expenses of employees trained but not continuing employment”; to the Committee on Education then Finance.

By Delegates Westfall, Cowles, Ellington, Summers, Foster, Waxman, Williams, Shott, Hanshaw, Campbell and Sobonya:

            H. B. 2781 - “A Bill to amend and reenact §16-30-6 of the Code of West Virginia, 1931, as amended, relating to allowing a medical power of attorney representative or surrogate to waive the incapacitated person’s right to a trial by jury and bind them to arbitration”; to the Committee on the Judiciary.

By Delegate Skinner:

            H. B. 2782 - “A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating to adjusting the judicial circuits of West Virginia; removing Jefferson County from the twenty-third judicial circuit; creating a new thirty-second judicial circuit consisting of Jefferson County; and assigning two judges to the thirty-second circuit”; to the Committee on the Judiciary then Finance.

By Delegate Sponaugle:

            H. B. 2783 - “A Bill to amend and reenact §20-2-22a of the Code of West Virginia, 1931, as amended, relating to procedures available to persons to address bears causing property damage or destruction”; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegates Lynch, Moore and Ashley:

            H. B. 2784 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-3-33, relating to liquefied petroleum gas-consuming equipment and appliances and the business of selling at retail, supplying, handling or transporting certain types of liquefied petroleum gas; requiring certification of correctness as to design, construction and performance of domestic and commercial liquefied petroleum gas-consuming equipment and appliances; requiring installation of liquefied petroleum gas-consuming appliances, equipment or other components of a liquefied petroleum gas delivery system in accordance with the instructions of the manufacturer of the appliance, equipment or component; and prohibiting the alteration, modification, maintenance or repair of liquefied petroleum gas-consuming appliances, equipment or other components of a liquefied petroleum gas delivery system unless done in accordance with the instructions of the manufacturer; providing protections from liability for persons engaged in the business of selling at retail, supplying, handling or transporting liquefied petroleum gas, unless they are negligent or act intentionally, and the negligence or intentional act causes or partially causes injury or damage”; to the Committee on Industry and Labor then the Judiciary.

By Delegates Lynch, Rowe, D. Evans, Ambler, Marcum, L. Phillips, Sponaugle, Arvon, Anderson, Hanshaw and Eldridge:

            H. B. 2785 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designed §15-14-1, §15-14-2, §15-14-3, §15-14-4, §15-14-5, §15-14-6, §15-14-7, §15-14-8, §15-14-9, §15-14-10, §15-14-11 and §15-14-12, all relating to creating the Statewide Interoperable Radio Network; establishing a short title; defining terms; establishing objectives and a purpose; creating the Statewide Interoperable Radio Network; creating the Statewide Interoperable Coordinator; prescribing duties for the Statewide Interoperability Coordinator; creating the Statewide Interoperability Executive Committee; prescribing duties for the Statewide Interoperability Executive committee; creating the Regional Interoperability Committees; providing for disposition of assets and staffing of the Statewide Interoperable Radio Network; establishing a special revenue account for the Statewide Interoperable Radio Network; and authorizing emergency and legislative rule-making”; to the Committee on the Judiciary then Finance.

By Delegates Pasdon, Statler, Kurcaba, Duke, Cooper, Sobonya, Espinosa, Evans, D. and Upson:

            H. B. 2786 - “A Bill to amend and reenact §18A-2-7 of the Code of West Virginia, 1931, as amended, relating to prohibiting transfers of employed and assigned service persons to other positions after twenty days prior to and during the instructional term; exceptions”; to the Committee on Education.

By Delegate Rowe:

            H. B. 2787 - “A Bill to amend and reenact §17C-5A-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §17C-5C-4c and §17C-5C-4d, all relating to hearings before the Office of Administrative Hearings; deleting the provision that provide the OAH cannot be made a party to an appeal; requiring parties appealing a decision of the OAH to serve the Petition for Appeal on the OAH; establishing procedures for the recusal of the Chief Hearing Examiner; providing appeal procedures for petitioners denied entry into the alcohol test and lock program described in §17C-5A-3(e); allowing OAH to enter orders nunc pro tunc to correct clerical mistakes or omissions; and providing that OAH has jurisdiction to decide cases in which substantial prejudice is asserted due to alleged constitutional violations”; to the Committee on the Judiciary.

By Delegates Rowe, Guthrie, Moore, McCuskey, Pushkin and Fleischauer:

            H. B. 2788 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-15g, relating to requiring county boards of education to provide days prior to early voting during primary and general elections for registering eligible students to vote and being transported to vote”; to the Committee on Education then the Judiciary.

By Delegates Ihle, McGeehan, Hill, Householder, Cadle, Ashley and Westfall:

            H. B. 2789 - “A Bill to amend and reenact §11-13J-4a of the Code of West Virginia, 1931, as amended, relating to neighborhood investment program advisory boards; prohibiting the consideration of a proposed project if an applicant is directly or indirectly affiliated with a board member”; to the Committee on the Judiciary.

By Delegates Westfall, Waxman and Shott:

            H. B. 2790 - “A Bill to amend and reenact §17D-4-2, §17D-4-7 and §17D-4-12 of the Code of West Virginia, 1931, as amended; to amend and reenact §33-6-31 and §31-6-31d of said code; and to amend said code by adding thereto a new section, designated §33-6-31h, all relating to minimum responsibility limits of car insurance and insurance coverage required under the provisions of a restrictive endorsement for an excluded driver”; to the Committee on Banking and Insurance then the Judiciary.

By Delegates P. Smith, Boggs, Trecost, Perry, Campbell, Moye, Williams, L. Phillips, Eldridge, Rodighiero and Hicks:

            H. B. 2791 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22l; to amend said code by adding thereto a new section, designated §15-2A-23; and to amend said code by adding thereto a new section, designated §18-7A-26w, all relating to increasing benefits of retired state personnel and retired teachers by five percent a year for the next three consecutive years”; to the Committee on Pensions and Retirement then Finance.

By Delegate R. Phillips:

            H. B. 2792 - “A Bill to amend and reenact §11-13-1 of the Code of West Virginia, 1931, as amended, relating to the business and occupation tax; definitions; and including photography activities for the gain or economic benefit of any person in the definition of ‘business’”; to the Committee on Finance.

By Delegates Kurcaba, Statler, Ellington, Pasdon, Cooper, Ambler and Kelly:

            H. B. 2793 - “A Bill to amend and reenact §18-8-1 of the Code of West Virginia, 1931, as amended, relating generally to home schooling; clarifying that a student who is home schooled may not be classified as habitually absent; requiring the parent of a child who is to be home schooled to notify a county superintendent of intent to home school, not the person providing the home schooling along with an assurance that certain subjects will be taught; removing the requirement that the person providing the home schooling instruction have a high school diploma; removing the requirement that the person providing the home schooling instruction have an outline of a plan for the home schooling instruction for the ensuing year; permitting a parent to administer the required nationally normed standardized test; providing that a student has made acceptable academic progress if it is within or above the national average range, or if below that average then the student must show improvement from the previous year; removing the requirement that a certified teacher and the parent of a home schooled child must mutually agree on an alternative academic assessment of proficiency; requiring home schooled students who fail to make acceptable academic progress for two consecutive years be evaluated for learning disabilities; and requiring academic assessments be kept for three years”; to the Committee on Education.

By Delegates Eldridge and Hicks:

            H. B. 2794 - “A Bill to amend and reenact §21-11-3 of the Code of West Virginia, 1931, as amended, relating to making changes to the definition of contractor for purposes of the West Virginia Contractor Licensing Act”; to the Committee on Industry and Labor then Government Organization.

By Delegates Westfall, White, B. and McCuskey

            H. B. 2795 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §56-4-72, relating to rules and pleading; and providing that when a party’s health condition is at issue in a civil action medical records and releases for medical information may be requested and required without court order; prohibiting unilateral restrictions on the receipt or use of the medical records; and providing right to object to request for records and effect of court order relating to the use of such records”; to the Committee on the Judiciary.

Special Calendar

Third Reading

            Com. Sub. for S. B. 6, Relating to medical professional liability; on third reading, coming up in regular order, with amendments pending, was reported by the Clerk.

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

“ARTICLE 7B. MEDICAL PROFESSIONAL LIABILITY.

§55-7B-1. Legislative findings and declaration of purpose.

            The Legislature hereby finds and declares that:

             The citizens of this state are entitled to the best medical care and facilities available and that health care providers offer an essential and basic service which requires that the public policy of this state encourage and facilitate the provision of such service to our citizens;

            That As in every human endeavor the possibility of injury or death from negligent conduct commands that protection of the public served by health care providers be recognized as an important state interest;

            That Our system of litigation is an essential component of this state’s interest in providing adequate and reasonable compensation to those persons who suffer from injury or death as a result of professional negligence, and any limitation placed on this system must be balanced with and considerate of the need to fairly compensate patients who have been injured as a result of negligent and incompetent acts by health care providers;

            That Liability insurance is a key part of our system of litigation, affording compensation to the injured while fulfilling the need and fairness of spreading the cost of the risks of injury;

            That A further important component of these protections is the capacity and willingness of health care providers to monitor and effectively control their professional competency, so as to protect the public and insure to the extent possible the highest quality of care;

            That It is the duty and responsibility of the Legislature to balance the rights of our individual citizens to adequate and reasonable compensation with the broad public interest in the provision of services by qualified health care providers and health care facilities who can themselves obtain the protection of reasonably priced and extensive liability coverage;

            That In recent years, the cost of insurance coverage has risen dramatically while the nature and extent of coverage has diminished, leaving the health care providers, the health care facilities and the injured without the full benefit of professional liability insurance coverage;

            That Many of the factors and reasons contributing to the increased cost and diminished availability of professional liability insurance arise from the historic inability of this state to effectively and fairly regulate the insurance industry so as to guarantee our citizens that rates are appropriate, that purchasers of insurance coverage are not treated arbitrarily and that rates reflect the competency and experience of the insured health care providers and health care facilities;

            That The unpredictable nature of traumatic injury health care services often result in a greater likelihood of unsatisfactory patient outcomes, a higher degree of patient and patient family dissatisfaction and frequent malpractice claims, creating a financial strain on the trauma care system of our state, increasing costs for all users of the trauma care system and impacting the availability of these services, requires appropriate and balanced limitations on the rights of persons asserting claims against trauma care health care providers, this balance must guarantee availability of trauma care services while mandating that these services meet all national standards of care, to assure that our health care resources are being directed towards providing the best trauma care available; and

            That The cost of liability insurance coverage has continued to rise dramatically, resulting in the state’s loss and threatened loss of physicians, which, together with other costs and taxation incurred by health care providers in this state, have created a competitive disadvantage in attracting and retaining qualified physicians and other health care providers;

            The Legislature further finds that Medical liability issues have reached critical proportions for the state’s long-term health care facilities, as: (1) Medical liability insurance premiums for nursing homes in West Virginia continue to increase and the number of claims per bed has increased significantly; (2) the cost to the state Medicaid program as a result of such higher premiums has grown considerably in this period; (3) current medical liability premium costs for some nursing homes constitute a significant percentage of the amount of coverage; (4) these high costs are leading some facilities to consider dropping medical liability insurance coverage altogether; and (5) the medical liability insurance crisis for nursing homes may soon result in a reduction of the number of beds available to citizens in need of long-term care; and

            The modernization and structure of the health care delivery system necessitate an update of provisions of this article in order to facilitate and continue the objectives of this article which are to control the increase in the cost of liability insurance and to maintain access to affordable health care services for our citizens.

            Therefore, the purpose of this article is to provide for a comprehensive resolution of the matters and factors which the Legislature finds must be addressed to accomplish the goals set forth in this section. In so doing, the Legislature has determined that reforms in the common law and statutory rights of our citizens must be enacted together as necessary and mutual ingredients of the appropriate legislative response relating to:

            (1) Compensation for injury and death;

            (2) The regulation of rate making and other practices by the liability insurance industry, including the formation of a physicians’ mutual insurance company and establishment of a fund to assure adequate compensation to victims of malpractice; and

            (3) The authority of medical licensing boards to effectively regulate and discipline the health care providers under such board.

§55-7B-2. Definitions.

            (a) ‘Board’ means the State Board of Risk and Insurance Management.

            (b) ‘Collateral source’ means a source of benefits or advantages for economic loss that the claimant has received from:

            (1) Any federal or state act, public program or insurance which provides payments for medical expenses, disability benefits, including workers’ compensation benefits, or other similar benefits. Benefits payable under the Social Security Act and Medicare are not considered payments from collateral sources except for Social Security disability benefits directly attributable to the medical injury in question;

            (2) Any contract or agreement of any group, organization, partnership or corporation to provide, pay for or reimburse the cost of medical, hospital, dental, nursing, rehabilitation, therapy or other health care services or provide similar benefits, but excluding any amount that a group, organization, partnership, corporation or health care provider agrees to reduce, discount or write off of a medical bill;

            (3) Any group accident, sickness or income disability insurance, any casualty or property insurance (including automobile and homeowners’ insurance) which provides medical benefits, income replacement or disability coverage, or any other similar insurance benefits, except life insurance, to the extent that someone other than the insured, including the insured’s employer, has paid all or part of the premium or made an economic contribution on behalf of the plaintiff; or

            (4) Any contractual or voluntary wage continuation plan provided by an employer or otherwise or any other system intended to provide wages during a period of disability.

            (c) ‘Consumer Price Index’ means the most recent Consumer Price Index for All Consumers published by the United States Department of Labor.

            (d) ‘Emergency condition’ means any acute traumatic injury or acute medical condition which, according to standardized criteria for triage, involves a significant risk of death or the precipitation of significant complications or disabilities, impairment of bodily functions or, with respect to a pregnant woman, a significant risk to the health of the unborn child.

            (e) ‘Health care’ means:

            (1) Any act, service or treatment provided under, pursuant to or in the furtherance of a physician’s plan of care, a health care facility’s plan of care, medical diagnosis or treatment;

            (2) Any act, service or treatment performed or furnished, or which should have been performed or furnished, by any health care provider or person supervised by or acting under the direction of a health care provider or licensed professional for, to or on behalf of a patient during the patient’s medical care, treatment or confinement, including, but not limited to, staffing, medical transport, custodial care or basic care, infection control, positioning, hydration, nutrition and similar patient services; and

            (3) The process employed by health care providers and health care facilities for the appointment, employment, contracting, credentialing, privileging and supervision of health care providers.

            (f) ‘Health care facility’ means any clinic, hospital, pharmacy, nursing home, or assisted living facility, including personal care home, residential care community, and residential board and care home, or end-stage renal disease facility, home health agency, child welfare agency, group residential facility, behavioral health care facility or comprehensive community mental health/mental retardation center, in and licensed health center intellectual/developmental disability center or program, or other ambulatory health care facility, in and licensed, regulated or certified by the State of West Virginia under state or federal law and any state-operated institution or clinic providing health care and any related entity to the health care facility.

            (g) ‘Health care provider’ means a person, partnership, corporation, professional limited liability company, health care facility, entity or institution licensed by, or certified in, this state or another state, to provide health care or professional health care services, including, but not limited to, a physician, osteopathic physician, physician assistant, advanced practice registered nurse, hospital, health care facility, dentist, registered or licensed practical nurse, optometrist, podiatrist, chiropractor, physical therapist, psychologist, speech-language pathologist and audiologist, occupational therapist, psychologist, pharmacist, technician, certified nursing assistant, emergency medical service personnel, emergency medical services authority or agency, any person supervised by or acting under the direction of a licensed professional, any person taking actions or providing service or treatment pursuant to or in furtherance of a physician’s plan of care, a health care facility’s plan of care, medical diagnosis or treatment; or an officer, employee or agent thereof of a health care provider acting in the course and scope of such the officer’s, employee’s or agent’s employment.

            (h) ‘Medical injury’ means injury or death to a patient arising or resulting from the rendering of or failure to render health care.

            (i) ‘Medical professional liability’ means any liability for damages resulting from the death or injury of a person for any tort or breach of contract based on health care services rendered, or which should have been rendered, by a health care provider or health care facility to a patient. It also means other claims that may be contemporaneous to or related to the alleged tort or breach of contract or otherwise provided, all in the context of rendering health care services.

            (j) ‘Medical professional liability insurance’ means a contract of insurance or any actuarially sound self-funding program that pays for the legal liability of a health care facility or health care provider arising from a claim of medical professional liability. In order to qualify as medical professional liability insurance for purposes of this article, a self-funding program for an individual physician must meet the requirements and minimum standards set forth in section twelve of this article.

            (k) ‘Noneconomic loss’ means losses, including, but not limited to, pain, suffering, mental anguish and grief.

            (l) ‘Patient’ means a natural person who receives or should have received health care from a licensed health care provider under a contract, expressed or implied.

            (m) ‘Plaintiff’ means a patient or representative of a patient who brings an action for medical professional liability under this article.

            (n) ‘Related entity’ means any corporation, foundation, partnership, joint venture, professional limited liability company, limited liability company, trust, affiliate or other entity under common control or ownership, whether directly or indirectly, partially or completely, legally, beneficially or constructively, with a health care provider or health care facility; or which owns directly, indirectly, beneficially or constructively any part of a health care provider or health care facility.

            (n) (o) ‘Representative’ means the spouse, parent, guardian, trustee, attorney or other legal agent of another.

§55-7B-7. Testimony of expert witness on standard of care.

            (a) The applicable standard of care and a defendant’s failure to meet the standard of care, if at issue, shall be established in medical professional liability cases by the plaintiff by testimony of one or more knowledgeable, competent expert witnesses if required by the court. Expert testimony may only be admitted in evidence A proposed expert witness may only be found competent to testify if the foundation therefor for his or her testimony is first laid establishing that: (1) The opinion is actually held by the expert witness; (2) the opinion can be testified to with reasonable medical probability; (3) the expert witness possesses professional knowledge and expertise coupled with knowledge of the applicable standard of care to which his or her expert opinion testimony is addressed; (4) the expert witness’ opinion is grounded on scientifically valid peer reviewed studies if available; (5) the expert witness maintains a current license to practice medicine with the appropriate licensing authority of any state of the United States: Provided, That the expert witness’ license has not been revoked or suspended in the past year in any state; and (5) (6) the expert witness is engaged or qualified in a medical field in which the practitioner has experience and/or training in diagnosing or treating injuries or conditions similar to those of the patient. If the witness meets all of these qualifications and devoted, at the time of the medical injury, sixty percent of his or her professional time annually to the active clinical practice in his or her medical field or specialty, or to teaching in his or her medical field or speciality in an accredited university, there shall be a rebuttable presumption that the witness is qualified as an expert. The parties shall have the opportunity to impeach any witness’ qualifications as an expert. Financial records of an expert witness are not discoverable or relevant to prove the amount of time the expert witness spends in active practice or teaching in his or her medical field unless good cause can be shown to the court.

            (b) Nothing contained in this section may be construed to limit limits a trial court’s discretion to determine the competency or lack of competency of a witness on a ground not specifically enumerated in this section.

§55-7B-7a. Admissibility and use of certain information.

            (a) In an action brought, there is a rebuttable presumption that the following information may not be introduced unless it applies specifically to the injured person or it involves substantially similar conduct that occurred within one year of the particular incident involved:

            (1) A state or federal survey, audit, review or other report of a health care provider or health care facility;

            (2) Disciplinary actions against a health care provider’s license, registration or certification;

            (3) An accreditation report of a health care provider or health care facility; and

            (4) An assessment of a civil or criminal penalty.

            (b) In any action brought, if the health care facility or health care provider demonstrates compliance with the minimum staffing requirements under state law, the health care facility or health care provider is entitled to a rebuttable presumption that appropriate staffing was provided.

            (c) Information under this section may only be introduced in a proceeding if it is otherwise admissible under the West Virginia Rules of Evidence.

§55-7B-8. Limit on liability for noneconomic loss.

            (a) In any professional liability action brought against a health care provider pursuant to this article, the maximum amount recoverable as compensatory damages for noneconomic loss shall may not exceed $250,000 per for each occurrence, regardless of the number of plaintiffs or the number of defendants or, in the case of wrongful death, regardless of the number of distributees, except as provided in subsection (b) of this section.

            (b) The plaintiff may recover compensatory damages for noneconomic loss in excess of the limitation described in subsection (a) of this section, but not in excess of $500,000 for each occurrence, regardless of the number of plaintiffs or the number of defendants or, in the case of wrongful death, regardless of the number of distributees, where the damages for noneconomic losses suffered by the plaintiff were for: (1) Wrongful death; (2) permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system; or (3) permanent physical or mental functional injury that permanently prevents the injured person from being able to independently care for himself or herself and perform life-sustaining activities.

            (c) On January 1, 2004, and in each year thereafter, the limitation for compensatory damages contained in subsections (a) and (b) of this section shall increase to account for inflation by an amount equal to the Consumer Price Index published by the United States Department of Labor, not to exceed one hundred fifty percent of the amounts specified in said subsections. (b) and (c)             (d) The limitations on noneconomic damages contained in subsections (a), (b), (c) and (e) of this section are not available to any defendant in an action pursuant to this article which does not have medical professional liability insurance in the aggregate amount of at least $1 million per for each occurrence covering the medical injury which is the subject of the action.

            (e) If subsection (a) or (b) of this section, as enacted during the 2003 regular session of the Legislature, or the application thereof to any person or circumstance, is found by a court of law to be unconstitutional or otherwise invalid, the maximum amount recoverable as damages for noneconomic loss in a professional liability action brought against a health care provider under this article shall thereafter not exceed $1 million.

§55-7B-9. Several liability.

            (a) In the trial of a medical professional liability action under this article involving multiple defendants, the trier of fact shall report its findings on a form provided by the court which contains each of the possible verdicts as determined by the court. Unless otherwise agreed by all the parties to the action, the jury shall be instructed to answer special interrogatories, or the court, acting without a jury, shall make findings as to:

            (1) The total amount of compensatory damages recoverable by the plaintiff;

            (2) The portion of the damages that represents damages for noneconomic loss;

            (3) The portion of the damages that represents damages for each category of economic loss;

            (4) The percentage of fault, if any, attributable to each plaintiff; and

            (5) The percentage of fault, if any, attributable to each of the defendants.

            (b) In assessing percentages of fault, the trier of fact shall consider only the fault of the parties in the litigation at the time the verdict is rendered and shall may not consider the fault of any other person who has settled a claim with the plaintiff arising out of the same medical injury: Provided, That, upon the creation of the Patient Injury Compensation Fund provided for in article twelve-c, chapter twenty-nine of this code, or of some other mechanism for compensating a plaintiff for any amount of economic damages awarded by the trier of fact which the plaintiff has been unable to collect, the trier of fact shall, in assessing percentages of fault, consider the fault of all alleged parties, including the fault of any person who has settled a claim with the plaintiff arising out of the same medical injury.

            (c) If the trier of fact renders a verdict for the plaintiff, the court shall enter judgment of several, but not joint, liability against each defendant in accordance with the percentage of fault attributed to the defendant by the trier of fact.

            (d) To determine the amount of judgment to be entered against each defendant, the court shall first, after adjusting the verdict as provided in section nine-a of this article, reduce the adjusted verdict by the amount of any preverdict settlement arising out of the same medical injury. The court shall then, with regard to each defendant, multiply the total amount of damages remaining, with interest, by the percentage of fault attributed to each defendant by the trier of fact. The resulting amount of damages, together with any post-judgment interest accrued, shall be the maximum recoverable against the defendant.

            (e) Upon the creation of the Patient Injury Compensation Fund provided for in article twelve-c, chapter twenty-nine of this code, or of some other mechanism for compensating a plaintiff for any amount of economic damages awarded by the trier of fact which the plaintiff has been unable to collect, the court shall, in determining the amount of judgment to be entered against each defendant, first multiply the total amount of damages, with interest, recoverable by the plaintiff by the percentage of each defendant’s fault and that amount, together with any post-judgment interest accrued, is the maximum recoverable against said defendant. Prior to the court’s entry of the final judgment order as to each defendant against whom a verdict was rendered, the court shall reduce the total jury verdict by any amounts received by a plaintiff in settlement of the action. When any defendant’s percentage of the verdict exceeds the remaining amounts due plaintiff after the mandatory reductions, each defendant shall be liable only for the defendant’s pro rata share of the remainder of the verdict as calculated by the court from the remaining defendants to the action. The plaintiff’s total award may never exceed the jury’s verdict less any statutory or court-ordered reductions.

            (f) Nothing in this section is meant to eliminate or diminish any defenses or immunities which exist as of the effective date of this section, except as expressly noted in this section.

            (g) Nothing in this article is meant to preclude a health care provider from being held responsible for the portion of fault attributed by the trier of fact to any person acting as the health care provider’s agent or servant or to preclude imposition of fault otherwise imputable or attributable to the health care provider under claims of vicarious liability. A health care provider may not be held vicariously liable for the acts of a nonemployee pursuant to a theory of ostensible agency unless the alleged agent does not maintain professional liability insurance covering the medical injury which is the subject of the action in the aggregate amount of at least $1 million for each occurrence.

§55-7B-9a. Reduction in compensatory damages for economic losses for payments from collateral sources for the same injury.

            (a) In any action arising after the effective date of this section, a defendant who has been found liable to the plaintiff for damages for medical care, rehabilitation services, lost earnings or other economic losses may present to the court, after the trier of fact has rendered a verdict, but before entry of judgment, evidence of payments the plaintiff has received for the same injury from collateral sources.

            (b) In any a hearing held pursuant to subsection (a) of this section, the defendant may present evidence of future payments from collateral sources if the court determines that:

            (1) There is a preexisting contractual or statutory obligation on the collateral source to pay the benefits;

            (2) The benefits, to a reasonable degree of certainty, will be paid to the plaintiff for expenses the trier of fact has determined the plaintiff will incur in the future; and

            (3) The amount of the future expenses is readily reducible to a sum certain.

            (c) In the a hearing held pursuant to subsection (a) of this section, the plaintiff may present evidence of the value of payments or contributions he or she has made to secure the right to the benefits paid by the collateral source.

            (d) After hearing the evidence presented by the parties, the court shall make the following findings of fact:

            (1) The total amount of damages for economic loss found by the trier of fact;

            (2) The total amount of damages for each category of economic loss found by the trier of fact;

            (3) The total amount of allowable collateral source payments received or to be received by the plaintiff for the medical injury which was the subject of the verdict in each category of economic loss; and

            (4) The total amount of any premiums or contributions paid by the plaintiff in exchange for the collateral source payments in each category of economic loss found by the trier of fact.

            (e) The court shall subtract the total premiums the plaintiff was found to have paid in each category of economic loss from the total collateral source benefits the plaintiff received with regard to that category of economic loss to arrive at the net amount of collateral source payments.

            (f) The court shall then subtract the net amount of collateral source payments received or to be received by the plaintiff in each category of economic loss from the total amount of damages awarded the plaintiff by the trier of fact for that category of economic loss to arrive at the adjusted verdict.

            (g) The court shall may not reduce the verdict rendered by the trier of fact in any category of economic loss to reflect:

            (1) Amounts paid to or on behalf of the plaintiff which the collateral source has a right to recover from the plaintiff through subrogation, lien or reimbursement;

            (2) Amounts in excess of benefits actually paid or to be paid on behalf of the plaintiff by a collateral source in a category of economic loss;

            (3) The proceeds of any individual disability or income replacement insurance paid for entirely by the plaintiff;

            (4) The assets of the plaintiff or the members of the plaintiff’s immediate family; or

            (5) A settlement between the plaintiff and another tortfeasor.

            (h) After determining the amount of the adjusted verdict, the court shall enter judgment in accordance with the provisions of section nine of this article.

§55-7B-9c. Limit on liability for treatment of emergency conditions for which patient is admitted to a designated trauma center; exceptions; emergency rules.

            (a) In any action brought under this article for injury to or death of a patient as a result of health care services or assistance rendered in good faith and necessitated by an emergency condition for which the patient enters a health care facility designated by the Office of Emergency Medical Services as a trauma center, including health care services or assistance rendered in good faith by a licensed EMS emergency medical services authority or agency, certified emergency medical service personnel or an employee of a licensed EMS emergency medical services authority or agency, the total amount of civil damages recoverable shall may not exceed $500,000 for each occurrence, exclusive of interest computed from the date of judgment, and regardless of the number of plaintiffs or the number of defendants or, in the case of wrongful death, regardless of the number of distributees.

            (b) The limitation of liability in subsection (a) of this section also applies to any act or omission of a health care provider in rendering continued care or assistance in the event that surgery is required as a result of the emergency condition within a reasonable time after the patient’s condition is stabilized.

            (c) The limitation on liability provided under subsection (a) of this section does not apply to any act or omission in rendering care or assistance which:

            (1) Occurs after the patient’s condition is stabilized and the patient is capable of receiving medical treatment as a nonemergency patient; or

            (2) Is unrelated to the original emergency condition.

            (d) In the event that: (1) A physician provides follow-up care to a patient to whom the physician rendered care or assistance pursuant to subsection (a) of this section; and (2) a medical condition arises during the course of the follow-up care that is directly related to the original emergency condition for which care or assistance was rendered pursuant to said subsection, there is rebuttable presumption that the medical condition was the result of the original emergency condition and that the limitation on liability provided by said subsection applies with respect to that medical condition.

            (e) There is a rebuttable presumption that a medical condition which arises in the course of follow-up care provided by the designated trauma center health care provider who rendered good faith care or assistance for the original emergency condition is directly related to the original emergency condition where the follow-up care is provided within a reasonable time after the patient’s admission to the designated trauma center.

            (f) The limitation on liability provided under subsection (a) of this section does not apply where health care or assistance for the emergency condition is rendered:

            (1) In willful and wanton or reckless disregard of a risk of harm to the patient; or

            (2) In clear violation of established written protocols for triage and emergency health care procedures developed by the office of emergency medical services in accordance with subsection (e) of this section. In the event that the office of emergency medical services has not developed a written triage or emergency medical protocol by the effective date of this section, the limitation on liability provided under subsection (a) of this section does not apply where health care or assistance is rendered under this section in violation of nationally recognized standards for triage and emergency health care procedures.

            (g) The Office of Emergency Medical Services shall, prior to the effective date of this section, develop a written protocol specifying recognized and accepted standards for triage and emergency health care procedures for treatment of emergency conditions necessitating admission of the patient to a designated trauma center.

            (h) In its discretion, the Office of Emergency Medical Services may grant provisional trauma center status for a period of up to one year to a health care facility applying for designated trauma center status. A facility given provisional trauma center status is eligible for the limitation on liability provided in subsection (a) of this section. If, at the end of the provisional period, the facility has not been approved by the Office of Emergency Medical Services as a designated trauma center, the facility will is no longer be eligible for the limitation on liability provided in subsection (a) of this section.

            (i) The Commissioner of the Bureau for Public Health may grant an applicant for designated trauma center status a one-time only extension of provisional trauma center status, upon submission by the facility of a written request for extension, accompanied by a detailed explanation and plan of action to fulfill the requirements for a designated trauma center. If, at the end of the six-month period, the facility has not been approved by the Office of Emergency Medical Services as a designated trauma center, the facility will no longer have has the protection of the limitation on liability provided in subsection (a) of this section.

            (j) If the Office of Emergency Medical Services determines that a health care facility no longer meets the requirements for a designated trauma center, it shall revoke the designation, at which time the limitation on liability established by subsection (a) of this section shall cease ceases to apply to that health care facility for services or treatment rendered thereafter.

            (k) The Legislature hereby finds that an emergency exists compelling promulgation of an emergency rule, consistent with the provisions of this section, governing the criteria for designation of a facility as a trauma center or provisional trauma center and implementation of a statewide trauma/emergency care system. The Legislature therefore directs the Secretary of the Department of Health and Human Resources to file, on or before July 1, 2003, emergency rules specifying the criteria for designation of a facility as a trauma center or provisional trauma center in accordance with nationally accepted and recognized standards and governing the implementation of a statewide trauma/emergency care system. The rules governing the statewide trauma/emergency care system shall include, but not be limited to:

            (1) System design, organizational structure and operation, including integration with the existing emergency medical services system;

            (2) Regulation of facility designation, categorization and credentialing, including the establishment and collection of reasonable fees for designation; and

            (3) System accountability, including medical review and audit to assure system quality. Any medical review committees established to assure system quality shall include all levels of care, including emergency medical service providers, and both the review committees and the providers shall qualify for all the rights and protections established in article three-c, chapter thirty of this code.

            (l) On January 1, 2016, and in each year after that, the limitation for civil damages contained in subsection (a) of this section shall increase to account for inflation by an amount equal to the Consumer Price Index published by the United States Department of Labor, not to exceed one hundred fifty percent of said subsection.

§55-7B-9d. Adjustment of verdict for past medical expenses.

             A verdict for past medical expenses is limited to:

            (1) The total amount of past medical expenses paid by or on behalf of the plaintiff; and

            (2) The total amount of past medical expenses incurred but not paid by or on behalf of the plaintiff for which the plaintiff or another person on behalf of the plaintiff is obligated to pay.

§55-7B-10. Effective date; applicability of provisions.

            (a) The provisions of House Bill 149, enacted during the first extraordinary session of the Legislature, 1986, shall be effective at the same time that the provisions of Enrolled Senate Bill 714, enacted during the Regular session, 1986, become effective, and the provisions of said House Bill 149 shall be deemed to amend the provisions of Enrolled Senate Bill 714. The provisions of this article shall not apply to injuries which occur before the effective date of this said Enrolled Senate Bill 714.

            The amendments to this article as provided in House Bill 601, enacted during the sixth extraordinary session of the Legislature, two thousand one, apply to all causes of action alleging medical professional liability which are filed on or after the first day of March, two thousand two.

            The amendments to this article provided in Enrolled Committee Substitute for House bill No. 2122 during the regular session of the Legislature, two thousand three, apply to all causes of action alleging medical professional liability which are filed on or after the first day of July, two thousand three.

            (b) The amendments to this article provided in Enrolled Committee Substitute for Senate bill No. 6 during the regular session of the Legislature, two thousand fifteen, apply to all causes of action alleging medical professional liability which arise on or after the first day of July, two thousand fifteen.

§55-7B-11. Severability.

            (a) If any provision of this article as enacted during the First Extraordinary Session of the Legislature, 1986, in House Bill 149, or as enacted during the regular session of the Legislature, 1986, in Senate Bill 714, or as enacted during the regular session of the Legislature, 2015, or the application thereof to any person or circumstance is held invalid, such the invalidity shall does not affect other provisions or applications of this article, and to this end, the provisions of this article are declared to be severable.

            (b) If any provision of the amendments to section five of this article, any provision of new section six-d of this article or any provision of the amendments to section eleven, article six, chapter fifty-six of this code as provided in House Bill 601, enacted during the Sixth Extraordinary Session of the Legislature, 2001, is held invalid, or the application thereof to any person is held invalid, then, notwithstanding any other provision of law, every other provision of said House Bill 601 shall be deemed invalid and of no further force and effect.

            (c) If any provision of the amendments to section six or ten of this article or any provision of new section six-a, six-b or six-c of this article as provided in House Bill 60l, enacted during the Sixth Extraordinary Session of the Legislature, 2001, is held invalid, such the invalidity shall does not affect other provisions or applications of this article, and to this end, such provisions are deemed severable.”

            Delegate Campbell requested to be excused from voting on the passage of Com. Sub. for S. B. 6 and related amendments under the provisions of House Rule 49.

            The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.

            An amendment to the amendment, offered by Delegate Fast, was reported by the Clerk on page five, section two, line six, by changing the period to a colon and inserting the following proviso: “Provided, That, and in order to avoid trends of understaffing, failure of said process to comply with staffing standards under state law either at a minimum of 85 percent of the time for the 20 day period preceding an injury event, or 85 percent of the time during which an injury developed, except for unforeseen circumstances beyond the control of the healthcare facility including, but not limited to labor disputes, acts of terrorism, widespread illness, adverse weather conditions, declared states of emergency, and natural or man-made disasters, then the amount

recoverable for noneconomic damages under the limits of this article shall be doubled.”Whereupon,

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

            Delegates Manchin and Skinner moved to amend the amendment, on page nine, section eight, line fifteen, following the period, by inserting a new subsection (f) to read as follows:

            “(f) The limitations on noneconomic damages provided under this section shall not apply when a sexual assault or a violation of misdemeanor or felony statute is committed while rendering healthcare or assistance.”

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

            The yeas and Nays having been ordered, they were taken (Roll No. 80), and there were--yeas 32, Nays 65, absent and not voting 3, with the yeas and absent and not voting being as follows:

            Yeas: Boggs, Byrd, Caputo, Eldridge, Fast, Ferro, Fleischauer, Fluharty, Frich, Guthrie, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Perry, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, Walters, H. White and Williams.

            Absent and Not Voting: Hamrick, McCuskey and L. Phillips.

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

            Delegates Manchin and Skinner, moved to amendment the amendment on page five, section two, line three, by striking out the word “and”, and in section two, line six, by striking out the period, and inserting a semi-colon and the following: “and

            (4) a healthcare provider, whose routine violation of federal or state regulatory requirements for minimum required staffing levels at a health care facility that is a proximate cause of harm to a patient, is exempt from the provisions of this article.”

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

            The yeas and Nays having been ordered, they were taken (Roll No. 81), and there were--yeas 30, Nays 67, absent and not voting 3, with the yeas and absent and not voting being as follows:

            Yeas: Boggs, Byrd, Caputo, Eldridge, Fast, Ferro, Fleischauer, Fluharty, Guthrie, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Perdue, Perry, Pethtel, Pushkin, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, Summers, Walters and H. White.

            Absent and Not Voting: Hamrick, McCuskey and L. Phillips.

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

            Delegates Manchin and Skinner, moved to amendment the amendment on page nine, section eight, line fifteen, following the period, by inserting a new subsection (f) to read as follows:

            “(f) Notwithstanding the foregoing limitations provided in this section, the limitation on damages are not available to any defendant in any action pursuant to this article where a medical provider has committed fraud or falsified records relating to the care of a patient.”

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

            The yeas and Nays having been ordered, they were taken (Roll No. 82), and there were--yeas 34, Nays 63, absent and not voting 3, with the yeas and absent and not voting being as follows:

            Yeas: Anderson, Bates, Boggs, Byrd, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Frich, Guthrie, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Pethtel, Pushkin, Reynolds, Rodighiero, Rohrbach, Rowe, Skinner, P. Smith, Sponaugle, Walters, H. White and Williams.

            Absent and Not Voting: Hamrick, McCuskey and L. Phillips.

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

            There being no further amendments, the amendment recommended by the Committee on the Judiciary was then adopted.

            The bill was read a third time.

            The question being on the passage of the bill, the yeas and Nays were taken (Roll No. 83), and there were--yeas 76, Nays 21, absent and not voting 3, with the Nays and absent and not voting being as follows:

            Nays: Byrd, Caputo, Eldridge, Fast, Fleischauer, Fluharty, Guthrie, Hicks, Longstreth, Lynch, Manchin, Miley, Moore, Perdue, Pushkin, Rodighiero, Rowe, Skinner, P. Smith, Walters and H. White.

            Absent and Not Voting: Hamrick, McCuskey and Romine.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 389) passed.

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

            Com. Sub. for S. B. 6 - “A Bill to amend and reenact §55-7B-1, §55-7B-2, §55-7B-7, §55-7B-8, §55-7B-9, §55-7B-9a, §55-7B-9c, §55-7B-10, and §55-7B-11 of the Code of West Virginia, 1931; and to amend said code by adding thereto two new sections, designated §55-7B-7a and §55-7B-9d, all relating to medical professional liability generally; providing additional legislative findings and purposes related to medical professional liability; providing definitions; modifying the qualifications for the competency of experts who testify in medical professional liability actions; providing rebuttable presumptions and evidentiary requirements related to the admission of certain government, healthcare provider or healthcare facility information; modifying the maximum amount of recovery for, and availability of, noneconomic damages; clarifying that a health care provider is not vicariously liable unless the alleged agent does not maintain certain insurance; clarifying eligibility for, and application of, emergency medical services caps; providing a methodology for determining the amount of trauma care caps to account for inflation; providing certain limitations of verdicts for past medical expenses of the plaintiff; establishing effective date; and, providing for severability.”

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

            On this question, the yeas and Nays were taken (Roll No. 84), and there were--yeas 81, Nays 15, absent and not voting 4, with the Nays and absent and not voting being as follows:

            Nays: Caputo, Eldridge, Fast, Fleischauer, Guthrie, Hornbuckle, Longstreth, Manchin, Marcum, Miley, Moore, Rodighiero, Skinner, Sponaugle and Walters.

            Absent and Not Voting: Hamrick, McCuskey, Romine and Zatezalo.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 6) takes effect from its passage.

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

            Delegate Eldridge asked and obtained unanimous consent that the remarks of Delegates Campbell, Manchin, Perdue, Skinner and Sobonya regarding Com. Sub. for S. B. 6 be printed in the Appendix to the Journal.

            S. B. 389, Relating to Board of Registration for Professional Engineers license renewals and reinstatements; 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. 85), and there were--yeas 95, Nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Fleischauer, Hamrick, McCuskey, Romine and Zatezalo.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 389) passed.

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

            S. B. 389 - “A Bill to amend and reenact §30-13-13a, §30-13-17 and §30-13-18 of the Code of West Virginia, 1931, as amended, all relating to the Board of Registration for Professional Engineers; changing time period for renewal from fiscal year to calendar year; authorizing renewal notification by mail or electronically; requiring reinstatement of nonrenewed licenses; authorizing annual or biennial renewal periods.”

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

            On this question, the yeas and Nays were taken (Roll No. 86), and there were--yeas 97, Nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Hamrick, McCuskey and Romine.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 389) takes effect from its passage.

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

            Com. Sub. for H. B. 2157, Relating to absentee ballot fraud; 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. 87), and there were--yeas 97, Nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Hamrick, McCuskey and Romine.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2157) passed.

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

            Com. Sub. for H. B. 2160, WV Schools for the Deaf and Blind eligible for School Building Authority funding; 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. 88), and there were--yeas 95, Nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Gearheart, Hamrick, McCuskey, Romine and Skinner.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2160) passed.

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

            On this question, the yeas and Nays were taken (Roll No. 89), 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: Gearheart, Hamrick, McCuskey and Romine.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2160) takes effect from its passage.

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

            H. B. 2212, Changing the amount of severance tax revenue annually dedicated to the West Virginia Infrastructure General Obligation Debt Service Fund; 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. 90), and there were--yeas 95, Nays 2, absent and not voting 3, with the Nays and absent and not voting being as follows:

            Nays: Fluharty and Trecost.

            Absent and Not Voting: Hamrick, McCuskey and Romine.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2212) passed.

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

            On this question, the yeas and Nays were taken (Roll No. 91), and there were--yeas 95, Nays 2, absent and not voting 3, with the Nays and absent and not voting being as follows:

            Nays: Marcum and Trecost.

            Absent and Not Voting: Hamrick, McCuskey and Romine.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2212) takes effect from its passage.

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

            H. B. 2213, Reducing the distributions to the West Virginia Infrastructure Fund; on third reading, coming up in regular order, was read a third time.

            Delegates Ihle, Perdue and L. Phillips requested to be excused from voting on the passage of H. B. 2213 under the provisions of House Rule 49.

            The Speaker replied that the Delegates were members of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Members from voting.

            The question being on the passage of the bill, the yeas and Nays were taken (Roll No. 92), and there were--yeas 67, Nays 30, absent and not voting 3, with the Nays and absent and not voting being as follows:

            Nays: Arvon, Border, Cadle, Caputo, Deem, Duke, Eldridge, Faircloth, Ferro, Fluharty, Folk, Foster, Hicks, Hill, Howell, Ihle, Lynch, Manchin, Marcum, McGeehan, Moore, Moye, J. Nelson, Perdue, L. Phillips, Rodighiero, Skinner, Storch, Trecost and Upson.

Absent and Not Voting: Hamrick, McCuskey and Romine.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2313) passed.

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

            H. B. 2213 - “A Bill to amend and reenact §29-22-18d of the Code of West Virginia, 1931, as amended, relating to the West Virginia Infrastructure Fund; reducing the distributions to the West Virginia Infrastructure Fund from the State Excess Lottery Revenue Fund to $30 million for fiscal year 2016; and increasing the percentage of funds available annually for grants from the West Virginia Infrastructure Fund.”

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

            On this question, the yeas and Nays were taken (Roll No. 93), and there were--yeas 76, Nays 21, absent and not voting 3, with the Nays and absent and not voting being as follows:

            Nays: Arvon, Border, Cadle, Caputo, Deem, Duke, Faircloth, Ferro, Fluharty, Folk, Foster, Hill, Howell, Ihle, Manchin, Miley, Moore, Rodighiero, Skinner, Storch and Trecost.

            Absent and Not Voting: Hamrick, McCuskey and Romine.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2213) takes effect from its passage.

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

            H. B. 2387, Relating to a framework for initiating comprehensive transformation of school leadership; 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. 94), and there were--yeas 97, Nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Hamrick, McCuskey and Romine.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2387) 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. 2606, Clarifying the potential sentence for disorderly conduct; 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. 95), and there were--yeas 97, Nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Hamrick, McCuskey and Romine.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2606) 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. 2608, Cleaning up redundant language in the statute relating to misdemeanor offenses for violation of protective orders; 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. 96), and there were--yeas 97, Nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Hamrick, McCuskey and Romine.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2608) passed.

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

Second ReadingS. B. 262, Transferring CHIP and Children’s Health Insurance Agency from Department of Administration to DHHR; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for H. B. 2391, Authorizing additional annual waiver to full implementation of five full day early childhood education program; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 2523, Creating a special revenue account to offset costs for the West Virginia State Police 100^th Anniversary in 2019; 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. 2527, Creating a Task Force on Prevention of Sexual Abuse of Children; “Erin Merryn’s Law”; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 2675, Reducing certain severance taxes that are dedicated to the Workers’ Compensation Debt Reduction Fund; on second reading, coming up in regular order, was read a second time.

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

            H. B. 2776, Relating to prescribing hydrocodone combination drugs for a duration of no more than three days; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 2777, Relating to licensing of barbers, cosmetologists, and hairstylists, and revising the membership requirements of the Board of Barbers and Cosmetologists; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Howell, the bill was amended on page one, after the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

            “That the Code of West Virginia, 1931, as amended, be amended by repealing §30-27-11a and §30-27-12; that §30-27-1, §30-27-3, §30-27-4, §30-27-5, §30-27-6, §30-27-8, §30-27-8a, §30-27-10, §30-27-11,§30-27-13 and §30-27-16 of said code be amended and reenacted; and that said code be amended by adding thereto two new sections, designated §30-27-8b and §30-27-8c, all to read as follows:

CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

ARTICLE 27. BOARD OF BARBERS AND COSMETOLOGISTS.

§30-27-1. Unlawful acts.

            (a) It is unlawful for any person to practice or offer to practice barbering, barber permanent waving, cosmetology, hair styling, aesthetics, or nail care in this state without a license issued under the provisions of this article, or advertise or use any title or description tending to convey the impression that the person is a licensed aesthetician, barber, barber crossover, barber permanent wavist, cosmetologist, cosmetologist crossover nail technician or hairstylist, unless the person has been licensed under the provisions of this article, and the license has not expired, been suspended or revoked.

            (b) No salon, except through a licensee, may render any service or engage in any activity which if rendered or engaged in by an individual, would constitute the practices licensed under the provisions of this article.

            (c) No school, except through a licensee, may instruct, render any service or engage in any activity which if taught, rendered or engaged in by an individual, would constitute the practices licensed under the provisions of this article.

§30-27-3. Definitions.

            As used in this article, the following words and terms have the following meanings, unless the context clearly indicates otherwise:

            (a) ‘Aesthetics’ or ‘esthetics’ means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:

            (1) Administering cosmetic treatments to enhance or improve the appearance of the skin, including cleansing, toning, performing effleurage or other related movements, stimulating, exfoliating or performing any other similar procedure on the skin of the human body or scalp;

            (2) Applying, by hand or with a mechanical or electrical apparatus, any cosmetics, makeups, oils, powders, clays, antiseptics, tonics, lotions, creams or chemical preparations necessary for the practice of aesthetics to another person’s face, neck, back, shoulders, hands, elbows and feet up to and including the knee;

            (3) The rubbing, cleansing, exercising, beautifying or grooming of another person’s face, neck, back, shoulders, hands, elbows and feet up to and including the knee;

            (4) The waxing, tweezing and threading of hair on another person’s body;

            (5) The wrapping of another person’s body in a body wrap;

            (6) Applying artificial eyelashes and eyebrows; and

            (7) The lightening of hair on the body except the scalp.

            (b) ‘Aesthetician’ or ‘esthetician’ means a person licensed under the provisions of this article who engages in the practice of aesthetics.

            (c) ‘Applicant’ means a person making application for a professional license, license, certificate, registration, permit or renewal under the provisions of this article.

            (d) ‘Barber’ means a person licensed under the provisions of this article who engages in the practice of barbering and has completed 1500 clock hours of training at a licensed school approved by the West Virginia Council for Community and Technical College Education.

            (e) ‘Barbering’ means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:

            (1) Shaving, shaping and trimming the beard, or both;

            (2) Cutting, singeing, shampooing, arranging, dressing, tinting, bleaching, or applying lotions or tonics on human hair, or a wig or hairpiece; and

            (3) Applications, treatments or rubs of the scalp, face, or neck with oils, creams, lotions, cosmetics, antiseptics, powders, or other preparations in connection with the shaving, cutting or trimming of the hair or beard.

            (f) ‘Barber crossover’ or ‘cosmetologist crossover’ is a person who is licensed to perform barbering and cosmetology. who has completed 1500 clock hours of training, is licensed as a barber, and completes an additional 600 hours of training to perform cosmetology.

            (g) ‘Barber permanent waving’ means the following acts done on the human body for compensation and not for the treatment of disease:

            (1) The bleaching or tinting of hair; and

            (2) The permanent waving of hair.

            (h) ‘Barber permanent wavist’ means a person licensed to perform barbering and barber permanent waving.

            (i) (g) ‘Board’ means the West Virginia Board of Barbers and Cosmetologists.

            (j) (h) ‘Certificate’ means an instructor certificate to teach in a school under the provisions of this article a document issued by the board for additional training received through a school licensed in this state or through an industry recognized program.

            (k) ‘Certificate holder’ means a person certified as an instructor to teach in a school under the provisions of this article.

            (l) (i) ‘Cosmetologist’ means a person licensed under the provisions of this article who engages in the practice of cosmetology and who has completed 1800 clock hours of training at a licensed school approved by the West Virginia Council for Community and Technical College Education.

            (m) (j) ‘Cosmetology’ means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:

            (1) Cutting, styling, shaping, arranging, braiding, weaving, dressing, adding extensions, curling, waving, permanent waving, relaxing, straightening, shampooing, cleansing, singeing, bleaching, tinting, coloring, waxing, tweezing, or similarly work on human hair, or a wig or hairpiece, by any means, including hands, mechanical or electrical devices or appliances;

            (2) Nail care;

            (3) Applying by hand or with a mechanical or electrical device or appliance, any cosmetics, makeups, oils, powders, clays, antiseptics, tonics, lotions, creams or chemical preparations necessary for the practice of aesthetics to another person’s face, neck, shoulders, hands, elbows and feet up to and including the knee;

            (4) The rubbing, cleansing, exercising, beautifying or grooming of another person’s face, neck, shoulders, hands, elbows and feet up to and including the knee;

            (5) The wrapping of another person’s body in a body wrap; and

            (6) Performing aesthetics.

            (n) (k) ‘Cosmetology crossover’ is a person who has completed 1800 clock hours of training, is licensed as a cosmetologist, and completes an additional 300 hours of training to perform barbering.

            (n) (l) ‘General supervision’ means:

            (1) For schools, a master or certified instructor is on the premises and is quickly and easily available; or

            (2) For salons, a professional licensee is on the premises and is quickly and easily available.

            (o) (m) ‘Hair braiding’ means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease: Braiding, plaiting, twisting, wrapping, threading, weaving, interweaving, extending or locking of natural human hair or manufactured materials around human hair by hand or mechanical device.

            (p) (n) ‘Hair Styling’ means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:

            (1) Cutting, styling, shaping, arranging, braiding, weaving, dressing, adding extensions, curling, waving, permanent waving, relaxing, straightening, shampooing, cleansing, singeing, bleaching, tinting, coloring, waxing, tweezing, threading or similarly work on human hair, or a wig or hairpiece, by any means, including hands, mechanical or electrical devices or appliances;

            (2) The rubbing, cleansing, exercising, beautifying or grooming of another person's face, neck, shoulders, hands, elbows and feet up to and including the knee.

            (q) (o) ‘Hair Stylist’ means a person licensed under the provisions of this article who engages in the practice of hair styling.

            (p) ‘Hair stylist crossover’ is a person who has completed 1200 clock hours of training, is licensed as a hairstylist, and completes 300 hours of training to perform barbering.

            (r) (q) ‘License’ means a professional license, a salon license or a school license.

            (s) (r) ‘Licensed school’ means a facility which has been approved by the West Virginia Council for Community and Technical College Education pursuant to section nine, article two-b, chapter eighteen-b of this code, to educate persons to be licensed or issued certain permits under the provisions of this article.

            (t) (s) ‘Licensee’ means a person, corporation or firm holding a license issued under the provisions of this article.

            (u) (t) ‘Nail care’ means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:

            (1) The cleansing, dressing, or polishing of nails of a person;

            (2) Performing artificial nail service; and

            (3) The cosmetic treatment of the feet up to the knee and the hands up to the elbow.

            (v) (u) ‘Nail technician’ or ‘manicurist’ means a person licensed under the provisions of this article who engages in the practice of nail care.

            (w) (v) ‘Permit’ means a work permit.

            (x) (w) ‘Permitee’ means a person holding a work permit.

            (y) (x) ‘Professional license’ means a license to practice as a aesthetician, barber, barber crossover, barber permanent wavist, cosmetologist, cosmetologist crossover or nail technician hair stylist.

            (z) (y) ‘Registration’ means a registration issued by the board to a person who rents or leases a booth or chair from a licensed salon owner and operator., or both, or a registration issued by the board to a person who is a student in a school

            (aa) (z) ‘Registrant’ means a person who holds a registration under the provisions of this article.

            (bb) (aa) ‘Salon’ means a shop or other facility where a person practices under a professional license.

            (cc) (bb) ‘Salon license’ means a license to own and operate a salon.

            (dd) ‘Student registration’ means a registration issued by the board to a student to study at a school licensed under the provisions of this article.

            (cc) ‘Shampoo assistant’ means a person who performs only the following services:

            (1) Shampooing and rinsing hair;

            (2) Removing rollers or permanent rods; and

            (3) Cleansing or other sink-related functions not requiring the skill of a basic barber.

§30-27-4. Board of Barbers and Cosmetologists.

            (a) The West Virginia Board of Barbers and Cosmetologists is continued. The members of the board in office on July 1, 2014 2015, shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified.

            (b) The Governor, by and with the advice and consent of the Senate, shall appoint:

            (1) One licensed cosmetologist or crossover cosmetologist;

            (2) One licensed barber or barber crossover;

            (3) One licensed barber crossover or licensed barber permanent wavist;

            (4) One licensed aesthetician;

            (5) One licensed nail technician;

            (6) (3) One representative from a privately owned beauty school licensed by the West Virginia Council for Community and Technical College Education; and

            (7) (4) One Four citizen member members representing the general public.

            (c) After the initial appointment term, the term shall be for five years. All appointments to the board shall be made by the Governor by and with the advice and consent of the Senate.

            (d) Each licensed member of the board, at the time of his or her appointment, must have held a professional license in this state for a period of not less than three years immediately preceding the appointment.

            (e) Each member of the board must be a resident of this state during the appointment term.

            (f) A member may not serve more than two consecutive full terms. A member may continue to serve until a successor has been appointed and has qualified. A member serving on the board on June 30, 2014 2015, may be reappointed in accordance with the provisions of this section.

            (g) A vacancy on the board shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacant and the appointment shall be made within sixty days of the vacancy.

            (h) The Governor may remove any member from the board for neglect of duty, incompetency e or official misconduct.

            (i) A member of the board immediately and automatically forfeits membership to the board if his or her license to practice is suspended or revoked, is convicted of a felony under the laws of any jurisdiction or becomes a nonresident of this state.

            (j) The board shall elect annually one of its members as chairperson who serves at the will of the board.

            (k) Each member of the board is entitled to compensation and expense reimbursement in accordance with article one of this chapter.

            (l) A majority of the members of the board constitutes a quorum.

            (m) The board shall hold at least two annual meetings. Other meetings may be held at the call of the chairperson or upon the written request of two members, at the time and place as designated in the call or request.

            (n) Prior to commencing his or her duties as a member of the board, each member shall take and subscribe to the oath required by section five, article four of the Constitution of this state.

§30-27-5. Powers and duties of the board.

            (a) The board has all the powers and duties set forth in this article, by rule, in article one of this chapter and elsewhere in law.

            (b) The board shall:

            (1) Hold meetings, conduct hearings and administer examinations;

            (2) Establish requirements for licenses, permits, certificates and registrations;

            (3) Establish procedures for submitting, approving and rejecting applications for licenses, permits, certificates and registrations;

            (4) Determine the qualifications of any applicant for licenses, permits, certificates and registrations;

            (5) (4) Prepare, conduct, administer and grade examinations for professional licenses and certificates; Provided, That the examinations meet national standards.

            (6) (5) Determine the passing grade for the examinations;

             (7) (6) Maintain records of the examinations the board or a third party administers, including the number of persons taking the examinations and the pass and fail rate;

            (8) (7) Set operational standards and requirements for licensed schools; Provided, That a licensed school shall have a minimum of one chair per student; Provided further, That should the number of students exceed twenty, no more than twenty chairs shall be required.

            (9) (8) Hire, discharge, and establish the job requirements and fix the compensation of the executive director;

            (10) (9) Maintain an office, and hire, discharge, establish the job requirements and fix the compensation of employees, investigators/inspectors and contracted employees necessary to enforce the provisions of this article: Provided, That any investigator/inspector employed by the board on July 1, 2009, shall retain their coverage under the classified service, including job classification, job tenure and salary, until that person retires or is dismissed: Provided, however, That nothing may prohibit the disciplining or dismissal of any investigator/inspector for cause;

            (11) (10) Investigate alleged violations of the provisions of this article, legislative rules, orders and final decisions of the board;

            (12) (11) Establish the criteria for the training of investigators/inspectors;

            (13) (12) Set the requirements for investigations and inspections; Provided, That inspections shall be conducted annually by either the board or the local health department.

            (14) (13) Conduct disciplinary hearings of persons regulated by the board;

            (15) (14) Determine disciplinary action and issue orders;

            (16) (15) Institute appropriate legal action for the enforcement of the provisions of this article;

            (17) (16) Report violations of the provisions of this article, and legislative rules promulgated pursuant to this article, alleged to have been committed by a licensed school to the West Virginia Council for Community and Technical College Education. The board may continue to investigate any alleged violation that it receives by May 1, 2013, and shall conclude any such investigation by July 1, 2013. If the board determines that probable cause exists that a violation occurred, the board immediately shall advise and provide its investigation file to the West Virginia Council for Community and Technical College Education;

            (18) (17) Maintain an accurate registry of names and addresses of all persons regulated by the board;

            (19) (18) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;

            (20) (19) Establish the continuing education requirements for professional licensees and certificate holders;

            (21) (20) Issue, renew, combine, deny, suspend, revoke or reinstate licenses, permits, certificates and registrations;

            (22) (21) Establish a fee schedule;

            (23) (22) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article; and

            (24) (23) Take all other actions necessary and proper to effectuate the purposes of this article.

            (c) The board may:

            (1) Establish joint licenses;

            (2) (1) Contract with third parties to administer the examinations required under the provisions of this article;

            (3) (2) Sue and be sued in its official name as an agency of this state;

            (4) (3) Confer with the Attorney General or his or her assistant in connection with legal matters and questions.

§30-27-6. Rulemaking.

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

            (1) Standards and requirements for licenses, permits, certificates and registrations;

            (2) Procedures for examinations and reexaminations: Provided, That the board shall offer examinations in all languages other than English if available to the board and requested by the applicant;

            (3) Requirements for third parties to prepare and/or administer examinations and reexaminations;

            (4) Educational and experience requirements;

            (5) The passing grade on the examinations;

            (6) Standards for approval of courses and curriculum; Provided, That the board may only recommend topics of study for each area of practice to be licensed, registered or certified, not the specific curriculum or hours devoted to each area of study.

            (7) Procedures for the issuance and renewal of licenses, permits, certificates and registrations;

            (8) A fee schedule;

            (9) Continuing education requirements for professional licensees and certificate holders;

            (10) The procedures for denying, suspending, revoking, reinstating or limiting the practice of licensees, permitees, certificate holders and registrants;

            (11) Designating the regions for investigators/inspectors;

            (12) Criteria for the training of investigators/inspectors;

            (13) Requirements for investigations and inspections;

            (14) Requirements for inactive or revoked licenses, permits, certificates and registrations;

            (15) Establishing the training program and requirements for instructors for schools licensed under this article;

            (16) (15) Establishing operating procedures for salons; and

            (17) (16) Any other rules necessary to effectuate the provisions of this article.

            (b) The legislative rules relating to barber apprenticeship; qualifications, training, examination and certification of instructors in barbering and cosmetology shall expire upon the enactment to the provisions of this article in 2015. The board shall promulgate legislative rules pursuant to article three, chapter twenty-nine-a consistent with the provisions of this article as amended in 2015.

§30-27-8. Professional license requirements.

            (a) An applicant for a professional license to practice as an aesthetician, barber, barber crossover, barber permanent wavist, cosmetologist, hair stylist, cosmetologist crossover or nail technician shall present satisfactory evidence that he or she:

            (1) Is at least eighteen years of age;

            (2) Is of good moral character;

            (3) Has a high school diploma, a GED, or has passed the ‘ability to benefit test’ approved by the United States Department of Education;

            (4) Has graduated from a licensed school which has been approved by the West Virginia Council for Community and Technical College Education or has completed education requirements in another state and meets the licensure provisions of the board;

            (5) Has passed an examination that tests the applicant’s knowledge of subjects specified by the board: Provided, That the board may recognize a certificate or similar license in lieu of the examination or part of the examination that the board requires: Provided further, That any examination shall meet national standards;

            (6) Has paid the applicable fee;

            (7) Presents a certificate of health from a licensed physician;

            (8) Is a citizen of the United States or is eligible for employment in the United States; and

            (9) Has fulfilled any other requirement specified by the board.

            (b) A license to practice issued by the board prior to July 1, 2009 2015, shall for all purposes be considered a professional license issued under this article: Provided, That a person holding a license issued prior to July 1, 2009 2015, must renew the license pursuant to the provisions of this article. After July 1, 2015, the Board shall issue both barber and cosmetologist renewal licenses in the case of a barber crossover or cosmetologist crossover and shall issue a barber license renewal in the case of barber permanent wavist.

§30-27-8a. Barber apprentice.

            (a) The board may establish an apprenticeship program to become a barber. A person wishing to become a barber through an apprenticeship shall apply with the board and receive a permit. A barber apprentice shall work at all times under the direct supervision of a licensed barber and any permit issued by the board to work as a barber apprentice does not allow a person to practice individually as a barber.

            (b) An applicant for a barber apprenticeship shall present satisfactory evidence that he or she:

            (1) Is at least eighteen years of age;

            (2) Is of good moral character;

            (3) Has a high school diploma, a GED, or has passed the ‘ability to benefit test’ approved by the United States Department of Education;

            (4) Has paid the applicable fee;

            (5) Has a certificate of health from a licensed physician; and

            (6) Is a citizen of the United States or is eligible for employment in the United States; and.

            (7) Has fulfilled any other requirement specified by the board.

            (c) An applicant for a sponsor of a barber apprentice shall present satisfactory evidence that he or she:

            (1) Is licensed as a barber under the provisions of this article;

            (2) Has paid the applicable fee; and

            (3) Has fulfilled any other requirement specified by the board.

            (c) A sponsor of a barber apprentice shall be a licensed barber with at least five years experience.

            (d) A barber apprentice program shall consist of up to two years of supervised training by a sponsor who shall advise the board in writing that the barber apprentice is ready to take the examination for licensure; Provided, That at the end of two years of supervised training, a barber apprentice may take the examination for licensure without the recommendation of the sponsor.

            (d) The board may propose emergency rules and rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this section, including:

            (1) The requirements for:

            (A) The barber apprenticeship program;

            (B) The barber apprentice permit; and

            (C) A licensed barber to sponsor a barber apprentice;

            (2) Procedures for an examination;

            (3) A fee schedule; and

            (4) Any other rules necessary to effectuate the provisions of this section.

§30-27-8b. Certifications.

            (a) The Board shall issue a certification to an applicant licensed under this article who obtains additional training at a licensed school that has been approved by the West Virginia Council for Community and Technical College Education or an industry recognized training program in the following areas:

            (1) Waxing;

            (2) Permanent waving;

            (3) Barber crossover;

            (4) Cosmetology crossover;

            (5) Hairstylist crossover;

§30-27-8c. Shampoo Assistant and Hair Braiding; exemptions from licensure.

            (a) Notwithstanding any provision of this code, a person may practice hair braiding without obtaining a license or any other authorization from a professional board of this state and is not subject to educational or training requirements. A person practicing hair braiding may work at or be employed by a salon or other place of business or may practice hair braiding individually.

            (b) Notwithstanding any provision of this code, a shampoo assistant is not required to obtain a permit or any other authorization from a professional board of this state and is not subject to education or training requirements. A shampoo assistant may work at or be employed by a salon or other place of business or may practice individually as a shampoo assistant.

             (c) Notwithstanding any provision of this code, the board has no authority to propose legislative rules to implement the provisions of this section or to exercise any jurisdiction or authority over the practice of or any shampoo assistant or acts of hair braiding or the qualifications for a person to practice hair braiding.

§30-27-10. Professional license and certificate renewal requirements.

            (a) A professional licensee and certificate holder shall annually or biennially on or before January 1, renew his or her professional license or certificate by completing a form prescribed by the board, paying the renewal fee and submitting any other information required by the board.

            (b) The board shall charge a fee for each renewal of a license or certificate, and a late fee for any renewal not paid by the due date.

            (c) The board shall require as a condition of renewal of a professional license or certificate that each licensee or certificate holder complete continuing education: Provided, That a licensed barber who has been licensed for twenty years or more is exempt from the continuing education requirement of this subsection, Provided, however, That beginning January 1, 2016, licensed barbers shall take a sanitation course through a program approved by the board each year for the first five years after becoming licensed and once every five years thereafter for fifteen years; Provided, further, That cosmetologists and hair stylists must take four hours of continuing education training annually for the first fifteen years after becoming licensed; And provided further, That the Board shall approve for credit for continuing education any education course providing instruction in any curriculum, subject matter or discipline included in the education required for licensure that is submitted to the board or offered by:

            (1) A licensed school or instructor;

(2) A manufacturer or distributor of barbering or cosmetology products;

            (3) A barber or cosmetology trade organization; or

(4) Any course offered at an accredited private or public university, college or community

college in this state.

            (d) The board may deny an application for renewal for any reason which would justify the denial of an original application for a license or certificate.

§30-27-11. Work permit.

            (a) The board may issue a work permit to practice to an applicant who meets the following conditions:

            (1) Has graduated from a licensed school approved by the West Virginia Council for Community and Technical College Education or has completed education requirements in another state and meets the licensure provisions of the board;

            (2) Is waiting to take the examination;

            (3) Has employment in the field in which he or she applied to take the examination and is working under the general supervision of a professional licensee;

            (4) Has paid the work permit fee;

            (5) Has presented a certificate of health issued by a licensed physician; and

            (6) Is a citizen of the United States or is eligible for employment in the United States; and

            (7) Meets all the other requirements specified by the board.

            (b) A work permit expires at the end of the month after issuance following the next examination in the specific field. A work permit may be renewed once.

            (c) While in effect, a work permitee is subject to the restrictions and requirements imposed by this article.

§30-27-13. Display of professional license and permits.

            (a) The board shall prescribe the form for a professional license and work and student permits, including a photograph, and may issue a duplicate license or permit, upon payment of a fee.

            (b) Every professional licensee and work permitee shall display his or her license or permit in a conspicuous place at his or her work station.

            (c) Every student shall have available his or her student permit and be able to produce it upon request.

            (d) (c) Every professional licensee, work permitee or student must present such license, permit or registration to an investigator/inspector or a board member upon request.

§30-27-16. Certification requirements to be an instructor in a school.

            (a) The board may issue a certificate to be an instructor in a school to an applicant who meets the following requirements:

            (1) Meets the educational requirements established by the board;

            (2) Has completed the required instructor’s training;

            (3) Has passed the instructor examination;

            (4) Has paid the appropriate fees;

            (5) Presents a certificate of health from a licensed physician;

            (6) Is a citizen of the United States or is eligible for employment in the United States; and

            (7) Has fulfilled any other requirement specified by the board.

            (a) The Board shall issue a certificate to be an instructor in a school for barbering, cosmetology, hairstyling, nail technician or aesthetics if a person:

            (1) Completes an application prescribed by the Board;

            (2) Holds a current West Virginia license in the field in which the person seeks to teach or equivalent from another state as determined by the Board;

            (3) Completes a one year instructor training course in a school that is licensed by the West Virginia Council for Community and Technical College Education;

            (4) Passes the instructor training final examination; and

            (5) Passes a national written examination in instructor training.

            (b) All instructor certifications must be renewed annually or biennially on or before January 1, and pay a renewal fee.

            (c) A certification to be an instructor issued by the board prior to January 1, 2009, the effective date of this section shall for all purposes be considered a certification issued under this article: Provided, That a person holding a certification issued prior to January 1, 2009, the effective date of this section must renew the certification pursuant to the provisions of this article.

            (d) An instructor with an expired certificate must comply with the following to renew his or her certificate:

            (1) Notify the board that he or she wants to be placed on inactive status; or

            (2) Pay all lapsed renewal fees;

            (3) Present a new certificate of health; and

            (4) Meet the qualifications for certification set out in this article.

            (e) A certified instructor is not required to have an active professional license, unless the instructor is in fact practicing outside the scope of his or her employment as an instructor.”

            The bill was then ordered to engrossment and third reading.

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

            Com. Sub. for H. B. 2098, Authorizing those health care professionals to provide services to patients or residents of state-run veterans’ facilities without obtaining an authorization to practice,

            Com. Sub. for H. B. 2099, Extending the time of meetings of local levying bodies when meetings are delayed,

            H. B. 2100, Caregiver Advise, Record and Enable Act,

            H. B. 2535, Relating generally to suicide prevention training,

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

            And,

            H. B. 2607, Relating to the violation of interfering with emergency services communications and clarifying penalties.

Leaves of Absence

            At the request of Delegate Cowles, and by unanimous consent, leaves of absence for the day were granted Delegates Hamrick and McCuskey.

Miscellaneous Business

            Delegate Ihle filed forms with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2376 and H. B. 2561.

            Delegate Eldridge filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2776.

            Delegate Frich filed forms with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2779 and H. B. 2780.

            Delegate Moffatt filed forms with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2021 and H. B. 2116.

            Delegates Sobonya and Summers filed forms with the Clerk’s Office per House Rule 94b to be removed as cosponsors of H. B. 2586.

            Delegate Gearheart announced that he was absent when the votes were taken on Roll Nos. 88 and 89, and that had he been present, he would have voted “Yea” thereon.

            Delegate Sobonya asked and obtained unanimous consent that the remarks of Delegate Campbell regarding her opposition to the second amendment offered by Delegates Manchin and Skinner on Com. Sub. for S. B. 6 be printed in the Appendix to the Journal.

            Delegate Skinner announced that he was absent when the vote was taken on Roll No. 88, and that had he been present, he would have voted “Yea” thereon.

            Delegate Marcum announced that he was absent when the votes were taken on Roll Nos. 74 through 79, and that had he been present, he would have voted “Yea” on Roll Nos. 74, 75, 76, 77 and 79, and that he would have voted “Nay” on Roll No. 78.

            Delegate White announced that he was absent when the votes were taken on Roll Nos. 74 through 79, and that had he been present, he would have voted “Yea” on Roll Nos. 74, 75, 76, 77 and 79, and that he would have voted “Nay” on Roll No. 78.

            Delegate Perdue asked and obtained unanimous consent that the remarks of Delegates Boggs and Ireland regarding In-Home Care be printed in the Appendix to the Journal.

            Delegate L. Phillips filed a written notice that she was absent when the votes were taken on Roll Nos. 74 through 79, and that had she been present, she would have voted “Yea” on Roll Nos. 74, 75, 76, 77 and 79, and that she would have voted “Nay” on Roll No. 78.

            Delegate Duke asked and obtained unanimous consent that the remarks of Delegate Sobonya regarding Com. Sub. for S. B. 6 be printed in the Appendix to the Journal.

            At 1:55 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 18, 2015.