House Journal

 

 

__________*__________

 

 

 

Tuesday, March 3, 2015

THIRTY-NINTH 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, March 2, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

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

            Your Committee on Finance has had under consideration:

            S. B. 472, Making supplementary appropriation to DOT, DMV, Motor Vehicle Fees Fund,

            And,

            S. B. 475, Making supplementary appropriation to DMAPS, Division of Corrections, Parolee Supervision Fees, and WV State Police, Motor Vehicle Inspection Fund,

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

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

            Your Committee on Finance has had under consideration:

            Com. Sub. for S. B. 351, Relating to charitable organization contribution levels requiring independent audit reports,

            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:

            S. B. 403, Increasing period during which motor vehicle lien is valid,

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

            In accordance with the former direction of the Speaker, the bill (S. B. 403) 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. C. R. 7, The Kenneth A. Chapman, Sr. Memorial Bridge,

            H. C. R. 58, The U. S. Army PV2 William Frederick Kump Memorial Bridge,

            Com. Sub. for S. C. R. 18, Requesting DOH name bridge in Wetzel County “U. S. Army COL William L. Glover Memorial Bridge”,

            And,

            Com. Sub. for S. C. R. 19, Requesting DOH name stretch of road in Wayne County “Darrell W. Sanders Memorial Highway”,

            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. 7, H. C. R. 58, Com. Sub. for S. C. R. 18 and Com. Sub. for S. C. R. 19) were each referred to the Committee on Rules.

            Delegate Gearheart, Chairman 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. 24, The US Army SP5 Johnnie Marvin Ayers Memorial Bridge,

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

            Com. Sub. for H. C. R. 24 – “Requesting the Division of Highways to name the bridge carrying County Route 43 (Frame Road) over Interstate 79 in Kanawha County, bridge number 20-43-1.31 (20A327), latitude 38.45607, longitude -81.49513, locally known as the Elkview I-79 Interchange Bridge, as the ‘U.S. Army SP5 Johnnie Marvin Ayers Memorial Bridge’,”

            H. C. R. 42, The Boyhood Home of Booker T. Washington,

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

            Com. Sub. for H. C. R. 42 –“Requesting the Division of Highways to identify bridge number 20-77-95.81 (20A643), locally known as the interstate bridge over Campbells Creek, carrying Interstate 77 northbound and southbound lanes over U.S. Route 60 westbound lane and the Norfolk and Southern Railroad, in Kanawha County, as being located at the ‘Boyhood Home of Booker T. Washington’,”

            H. C. R 45, The US Army COL William L. Glover Memorial Bridge,

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

            Com. Sub. for H. C. R. 45 – “Requesting the Division of Highways to name the bridge on State Route 20 over Fishing Creek, South Fork in Wetzel County, locally known as the Pine Grove Bridge, bridge number 52-20-16.04, as the ‘U.S. Army COL William L. Glover Memorial Bridge’,”

            H. C. R. 55, The William C. Campbell Memorial Highway,

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

            Com. Sub. for H. C. R. 55 – “Requesting the Division of Highways to name the Section of U.S. Route 60, from the Guyan Golf and Country Club to the Huntington City Limits in Cabell County, the ‘William C. Campbell Memorial Highway’,”

            H. C. R. 60, The U. S. Army SFC Jesse Muncy Memorial Bridge,

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

            Com. Sub. for H. C. R. 60 – “Requesting the Division of Highways to name the bridge on U.S. Route 52 in Wayne County, bridge number 50-52-54.27 (50A115), locally known as the Marrowbone Creek Bridge, as the ‘U.S. Army SFC Jesse Muncy Memorial Bridge’,”

            H. C. R. 65, The U. S. Army PFC Willie Paul Wilson Bridge,

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

            Com. Sub. for H. C. R. 65 – “Requesting that bridge number 22-119-0.04 NB & SB (22A102 & 22A103), latitude 38.18215, longitude -81.84941, on U.S. Route 119, otherwise known as the North Pinnacle Rock Creek Bridge, in Lincoln County, be named the ‘U.S. Army PFC Willie Paul Wilson Bridge’,”

            H. C. R. 68, The Army SSG Harold ‘Dean’ Baker Memorial Bridge,

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

            Com. Sub. for 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 County Route 9 over TenMile Creek, in Harrison County, the ‘U.S. Army Air Force SSG Harold “Dean” Baker Memorial Bridge’,”

            And,

            H. C. R. 98, Jack Furst Drive,

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

            Com. Sub. for H. C. R. 98 – “Requesting the Division of Highways to rename the road from the entrance of the Summit Bechtel Family National Scout Reserve to West Virginia Route 61, known as Mill Road or Garden Ground Mountain Road, as ‘Jack Furst Drive’ to match the name of the road through the Summit Bechtel Family National Scout Reserve,”

            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 (Com. Sub. for H. C. R. 24, Com. Sub. for H. C. R. 42, Com. Sub. for H. C. R. 45, Com. Sub. for H. C. R. 55, Com. Sub. for H. C. R. 60, Com. Sub. for H. C. R. 65 Com. Sub. for H. C. R. 68 and Com. Sub. for H. C. R. 98) were each referred to the Committee on Rules.

            Chairman McCuskey, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 2^nd day of March, 2015, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

            (Com. Sub. for H. B. 2002), Predicating actions for damages upon principles of comparative fault,

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

            (Com. Sub. for H. B. 2025), Prohibiting certain sex offenders from loitering within one thousand feet of a school or child care facility,

            (H. B. 2212), Changing the amount of severance tax revenue annually dedicated to the West Virginia Infrastructure General Obligation Debt Service Fund,

            (Com. Sub. for H. B. 2234), Requiring a court to permit a party in a divorce proceeding to resume using the name he or she used prior to the marriage,

            (Com. Sub. for H. B. 2568), The Pain-Capable Unborn Child Protection Act,

            And,

            (H. B. 2669), Relating to compulsory tuberculosis testing.

            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:

            Com. Sub. for S.B. 323, Relating to municipal home rule,

            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 (Com. Sub. for S. B. 323) 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:

            S. B. 518, Permitting county and municipal economic development authorities invest certain funds, 

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

            In accordance with the former direction of the Speaker, the bill (S. B. 518) 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:

             S. B. 559, Relating to social work licensing exemptions,

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

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

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. B. 374, Permitting in absentia parole hearings in certain instances,

            And reports the same back with the recommendation that it 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:

            Com. Sub. for S. B. 375, Specifying who receives parole hearing notices via regular or certified mail,

            And reports the same back with the recommendation that it 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:

            S. B. 507, Relating to monitoring inmates’ electronic communications,

            And reports the same back with the recommendation that it 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. 2797, Changing the term “mentally retarded” to “intellectually disabled”; and changing the term “handicapped” to “disabled”,

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

            At the respective requests of Delegate Cowles, and by unanimous consent, the bill (H. B. 2797) was taken up for immediate consideration, read a first time and ordered to second reading.

            Delegate Cowles moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.

            On this question, the yeas and nays were taken (Roll No. 279), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent And Not Voting: Hanshaw and Williams.

            So, two thirds of the members present and voting having voted in the affirmative, the motion prevailed.

            The bill was then read a second time and ordered to engrossment and third reading.

            Having been engrossed, the bill was then read a third time and put upon its passage.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 280), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent And Not Voting: Hanshaw.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2797) passed.

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

Messages from the Senate

            A message from the Senate, by

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

            H. B. 2726, Clarifying choice of laws issues in product’s liability actions.

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

            The following Senate amendments were reported by the Clerk:

            On page two, section sixteen, lines eight and nine, by striking out all of subsection (b) and inserting in lieu thereof a new subsection, designated subsection (b), to read as follows:

            “(b) The amendments to this section enacted in 2015 shall be applicable prospectively to all civil actions commenced on or after July 1, 2015.”

            And,

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

            H. B. 2726 - “A Bill to amend and reenact §55-8-16 of the Code of West Virginia, 1931, as amended, relating to choice of law in product liability actions; and establishing the effective date of the amendments enacted in 2015.”

            On motion of Delegate Cowles, the House of Delegates concurred in the Senate amendments.

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

            On the passage of the bill, the yeas and nays were taken (Roll No. 281), and there were--yeas 84, nays 15, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Byrd, Caputo, Eldridge, Fleischauer, Lynch, Manchin, Marcum, Miley, Moore, Perdue, Pushkin, Reynolds, Rowe, Skinner and Sponaugle.

            Absent And Not Voting: Hanshaw.

             So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2726) passed.

            Delegate Cowles moved that the bill take effect July 1, 2015.

            On this question, the yeas and nays were taken (Roll No. 282), and there were--yeas 89, nays 10, absent and not voting 1, with the nays and absent and not voting being as follows: 

            Nays: Caputo, Hornbuckle, Lynch, Manchin, Moore, Pushkin, Reynolds, Skinner, Sponaugle and Walters.

            Absent And Not Voting: Hanshaw.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2726) takes effect July 1, 2015.

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

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Finance:

            S. C. R. 50 - “Providing for the issuance of not to exceed $185.390 million of refunding bonds pursuant to the Safe Roads Amendment of 1996, article two-g, chapter thirteen of the Code of West Virginia and article twenty-six, chapter seventeen of said Code.”

            Resolved by the Legislature of West Virginia:

            That safe road refunding bonds in the principal amount not to exceed $185.390 million are authorized to be issued by the State of West Virginia and sold by the Governor by the fiscal year ending June 30, 2015; and, be it

            Further Resolved, That the bonds shall be issued in registered form, in such denominations, maturing at such times and bearing such date or dates as the Governor may determine; and, be it

            Further Resolved, That all such bonds shall be payable at the Office of the Treasurer of the State of West Virginia, or at a bank in the City of Charleston to be designated by the Governor; and, be it

            Further Resolved, That the bonds shall bear interest at rates and be payable in amounts as determined by the Governor; and, be it

            Further Resolved, That the State Treasurer shall pay the principal and/or interest then due on the bonds to the registered owners thereon at the addresses shown by the record of registration; and, be it

            Further Resolved, That the bonds shall be signed as provided in section two, article twenty-six, chapter seventeen of the Code of West Virginia; and, be it

            Further Resolved, That the bonds may be redeemable on such date or dates prior to maturity as determined by the Governor; and, be it

            Further Resolved, That the Governor shall sell the bonds herein mentioned at such time or times in such amounts, not exceeding the aggregate principal amount described above, at such prices as he may determine necessary to provide funds for the purposes provided below and in article two-g, chapter thirteen of the Code of West Virginia and article twenty-six, chapter seventeen of said code; and, be it

            Further Resolved, That the net proceeds of sales of all bonds herein authorized shall be paid into a special and irrevocable trust fund, separate and apart from other funds of the State of West Virginia, to be held in the custody of an escrow trustee to be designated by the Governor; and, be it

            Further Resolved, That an irrevocable deposit of said moneys in trust for, and such moneys and the investments thereof, together with any income or interest earned thereon, shall be applied to the payment of the principal of and interest on certain issued and outstanding safe road bonds to be refunded, to be selected by the Governor, on the date or dates, to be selected by the Governor, when any such outstanding bonds mature or may be called and are called for redemption, respectively, in connection with the refunding herein authorized.

            A message from the Senate, by

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

            Com. Sub. for S. B. 14 - “A Bill to amend and reenact §5-16-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §6C-2-2 of said code; to amend and reenact §18-7A-3 of said code; to amend and reenact §18-7B-2 of said code; to amend and reenact §18-9A-2 and §18-9A-12 of said code; to amend and reenact §18-20-5 of said code; to amend said code by adding thereto a new article, designated §18-33-1, §18-33-2, §18-33-3, §18-33-4, §18-33-5, §18-33-6, §18-33-7, §18-33-8, §18-33-9, §18-33-10, §18-33-11, §18-33-12, §18-33-13, §18-33-14, §18-33-15, §18-33-16, §18-33-17 and §18-33-18; and to amend and reenact §29-12-5a of said code, all relating to public charter schools; setting forth legislative purpose and intent; defining terms; requiring state superintendent to report on the charter school program; setting forth provisions pertaining to eligibility and enrollment; prohibiting discrimination; allowing a county board to authorize the creation of a start-up public charter school or the conversion of a noncharter public school to a public charter school; capping the number of public charter schools authorized; setting forth the duties of the authorizer; requiring an authorizer to develop and maintain policies and practices consistent with nationally recognized principles and professional standards for authorizing public charter schools; requiring certain authorizers to submit to the state superintendent an annual report summarizing certain information; prohibiting an employee, trustee, agent or representative of an authorizer from simultaneously serving as an employee, trustee, agent, representative, vendor or contractor of a public charter school operating under that authorizer; prohibiting a public charter school from being required to purchase services from its authorizer; establishing the West Virginia Board of Charter School Appeals and Training; setting forth provisions pertaining to board membership, member terms, board officers, board meetings, removal of board members, employees, duties, funding and training; requiring the state charter school board to issue and broadly publicize requests for propsoals; setting forth information the requests for proposals shall contain, including a determination on whether to participate in the public employees grievance procedures; setting forth provisions pertaining to application for approval as a public charter school; setting forth provisions pertaining to the application review process; setting forth provisions pertaining to application approval and denial; setting forth provisions pertaining to appeal of application denial; requiring the execution of a charter contract; requiring the performance provisions of a charter contract be based on a performance framework developed by the state charter school board that sets forth the academic and operational performance indicators that will guide the authorizer’s evaluations of each public charter school; requiring performance targets be set by a public charter school in conjunction with its authorizer; setting forth authorizer responsibilities relating to oversight; providing for an initial charter term of five years and a renewal term of five to ten years; setting forth authorizer responsibilities relating to renewal; requiring submission of renewal application; setting forth provisions pertaining to the renewal decision by the authorizer; setting forth provisions pertaining to charter revocation and nonrenewal, including provisions allowing for appeal; providing for public charter school closure and dissolution; establishing priority in the application of laws, rules, regulations and authorities; allowing a charter contract to include one or more schools; allowing a single governing board to be issued one or more charter contracts; providing that the school district in which the public charter school is located remains the local education agency; providing that the school district retains responsibility for special education; declaring that the county board remains accountable for the performance of the public charter school; setting forth powers of public charter schools; prohibiting public charter schools from certain activities relating to discrimination, religious practices, charging tuition and delegating or assigning responsibilities set forth in a charter contract; limiting fees that may be charged; setting forth provisions pertaining to the applicability of other laws, rules and regulations to public charter schools; prohibiting county boards from certain actions relating to public charter schools; declaring that personnel hired by the charter school are employed by the charter school; requiring a public charter school to comply with applicable federal laws and regulations regarding the qualifications of teachers and other instructional staff; providing that all public charter school classroom teachers are subject to the same licensing requirements applicable to classroom teachers in noncharter public schools; providing that all personnel in a public charter school continue to accrue seniority in the same manner that they would accrue seniority if employed in a noncharter public school for purposes of employment in noncharter public schools; setting forth provisions pertaining to accounting, financial reporting and auditing; setting forth provisions pertaining to funding for public charter schools; allowing a public charter school to contract with a local school district or other entity for transportation services; requiring any entity providing transportation services to comply with all transportation and safety and administrative regulations applicable to noncharter public schools; setting forth provisions pertaining to public charter school facilities and property; clarifying that county boards not required to seek funds for certain facility-related purposes; setting forth provisions pertaining to building inspections, codes, regulations and fees; setting forth provisions pertaining to the transfer of credits; setting forth provisions pertaining to extracurricular and interscholastic activities; requiring that public charter school employees participate in the Teachers Retirement System or the Teachers’ Defined Contribution Retirement System, whichever is applicable; and requiring that all public charter school employees participate in insurance plans established by the Public Employees Insurance Agency”; which was referred to the Committee on Education.

             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

            S. B. 195 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Conservation Committee to promulgate a legislative rule relating to financial assistance programs”; 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 and requested the concurrence of the House of Delegates in the passage, of 

            Com. Sub. for S. B. 254 - “A Bill to amend and reenact §5H-1-1 and §5H-1-2 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Fire, EMS and Law-Enforcement Officer Survivor Benefit Act; clarifying process for payment of survivor benefit; defining terms; limiting eligibility for survivor benefit to beneficiaries designated in writing by applicable public safety officer; clarifying circumstances for eligibility of survivor benefit; transferring responsibility for determination of eligibility for survivor benefit from Governor’s Office to Department of Military Affairs and Public Safety, Office of the Secretary; setting forth required information for certified request for survivor benefit; requiring fire, emergency medical service and law-enforcement programs to provide notice of survivor benefit and obtain written designations of beneficiaries from eligible public safety officers; requiring Department of Military Affairs and Public Safety, Office of the Secretary, to prepare a form for written designation of beneficiary; providing exclusions for availability of survivor benefit; providing that payments for survivor benefit be made from general revenue; and authorizing the Department of Military Affairs and Public Safety, Office of the Secretary, to propose rules for legislative approval”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            Com. Sub. for S. B. 336 - “A Bill to amend§16-29B-19 of the Code of West Virginia, 1931, as amended, relating generally to powers and duties of Health Care Authority; and eliminating authority of the Health Care Authority to apply penalties or penalties held in abeyance to any future rate applications filed with the authority”; which was referred to the Committee on Government Organization.

            A message from the Senate, by

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

            Com. Sub. for S. B. 357, Creating Coal Jobs and Safety Act of 2015.

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

            The following Senate title amendment to the House of Delegates was reported by the Clerk:

            On page one, by amending the title of the bill to read as follows:

            Com. Sub. for S. B. 357 - “A Bill to repeal §22A-2A-302, §22A-2A-303, §22A-2A-304, §22A-2A-305, §22A-2A-306 and §22A-2A-307 of the Code of West Virginia, 1931, as amended; to amend and reenact §22-3-13 and §22-3-19 of said code; to amend and reenact §22-11-6 and §22-11-8 of said code; to amend said code by adding thereto a new section, designated §22-11-22a; to amend said code by adding thereto a new section, designated §22A-1-41; to amend and reenact §22A-1A-1 of said code; to amend and reenact §22A-2-6, §22A-2-28 and §22A-2-37 of said code; to amend and reenact §22A-2A-101, §22A-2A-301, §22A-2A-308, §22A-2A-309, §22A-2A-310, §22A-2A-402, §22A-2A-403, §22A-2A-404, §22A-2A-405, §22A-2A-501, §22A-2A-601, §22A-2A-602, §22A-2A-603 and §22A-2A-604 of said code; and to amend said code by adding thereto a new section, designated §22A-2A-204a, all relating to coal mining generally; providing that discharges from waste piles do not exceed applicable water quality standards; promulgating rules regarding procedures for requesting and obtaining inactive status and rules relating to requirements for contemporaneous reclamation under West Virginia Surface Coal Mining and Reclamation Act; abolishing West Virginia Diesel Equipment Commission; transferring duties and responsibilities of West Virginia Diesel Equipment Commission to Director of the Office of Miners’ Health, Safety and Training; defining terms; providing rule-making authority; providing that rules previously approved by Diesel Equipment Commission continue in full force and effect; requiring rules for statewide hardness-based aluminum water quality criteria for protection of aquatic life; prohibiting wholesale incorporation of water quality standards into permits; modifying the scope of the permit shield as it relates to compliance with water quality standards; establishing an administrative and civil enforcement process for coal mining-related permits that conforms with corresponding federal requirements; making legislative findings; requiring suspension or revocation of a certificate held by a certified person under certain circumstances; disallowing prescription as a defense if prescription is more than one year old; setting forth requirements for movement of off-track mining equipment in areas of active workings where energized trolley wires or trolley feeder wires are present; increasing distance from the nearest working face where transportation of certain personnel in certain instances is done exclusively by rail; requiring certain equipment be readily available in certain circumstances; increasing distance of track to be maintained when a section is fully developed and being prepared for retreating; establishing criteria for the use of sideboards on shuttle cars; changing distance of shelter holes along haulage entries; and setting requirements for riders on locomotives.”

            On motion of Delegate Cowles, the House of Delegates concurred in the Senate title amendment.

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

            On the passage of the bill, the yeas and nays were taken (Roll No. 283), and there were--yeas 72, nays 27, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Boggs, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hamilton, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Miley, Moore, Morgan, Perdue, Perry, Pethtel, Pushkin, Rowe, Skinner, P. Smith, Sponaugle, Trecost and Williams.

            Absent and Not Voting: Hanshaw.

             So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 357) passed.

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

            A message from the Senate, by

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

            S. B. 386 - “A Bill to amend and reenact §11-27-8 of the Code of West Virginia, 1931, as amended, relating to excluding mobile x-ray services from the health care provider tax”; which was referred to the Committee on Health and Human Resources then Finance.

            A message from the Senate, by

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

            Com. Sub. for S. B. 395 - “A Bill to amend and reenact §61-2-9 and §61-2-28 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-7-7 of said code, all relating generally to crimes against the person; modifying definitions of "battery" and "domestic battery" to conform with federal laws relating to firearms possession criminal offenses; and conforming list of persons prohibited from possessing firearms to federal law”; 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 and requested the concurrence of the House of Delegates in the passage, of 

            Com. Sub. for S. B. 407 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-16E-1, §17-16E-2 and §17-16E-3, all relating to implementation of a state safety oversight program pursuant to a mandate per 49 U. S. C. §5329; designating the Division of Public Transit as the State Safety Oversight Agency; specifying powers and duties of the State Safety Oversight Agency; and requiring rulemaking”; which was referred to the Committee on Roads and Transportation then Finance.

            A message from the Senate, by

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

            S. B. 420 - “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 and §18A-4-8b of said code, all relating to retirement benefits for persons employed as an aide or early classroom assistant teacher and braille or sign support specialist in kindergarten programs; creating a class of Early Childhood Classroom Assistant Teacher I, Early Childhood Classroom Assistant Teacher II and Early Childhood Classroom Assistant Teacher III; providing that a person who has held or holds an aide title and becomes employed as an Early Childhood Classroom Assistant Teacher holds a multiclassification status that includes aide and/or paraprofessional titles and are included in the same classification category as aides; and providing that an aide in a kindergarten program that is eligible for full retirement benefits before July 1, 2020, may remain employed as an aide in that position and be granted an Early Childhood Classroom Assistant Teacher permanent authorization by the state superintendent”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            Com. Sub. for S. B. 436 - “A Bill to repeal §29-5A-12 of the Code of West Virginia, 1931, as amended; to amend and reenact §29-5A-1, §29-5A-2, §29-5A-3, §29-5A-3a, §29-5A-5, §29-5A-6, §29-5A-8, §29-5A-17, §29-5A-19, §29-5A-20 and §29-5A-24 of said code; and to amend said code by adding thereto a new section, designated §29-5A-1a, all relating to the State Athletic Commission; changing composition of commission; providing that office of commission be located on the premises of Lottery Commission office; providing for Lottery Commission to provide administrative support and oversight; proposing rules; providing commission shall follow United States Amateur Boxing Authority rules for amateur boxing; requiring commission to follow the unified rules of boxing adopted by Association of Boxing Commissions and requirements; expenses of commission; increasing payments to referees, judges and timekeepers; weight of boxers; and increasing certain licensing fees.”; which was referred to the Committee on Government Organization.

            A message from the Senate, by

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

            Com. Sub. for S. B. 439 - “ A Bill to amend and reenact §18B-4-2a of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-7-1, §18B-7-2, §18B-7-8, §18B-7-9, §18B-7-11 and §18B-7-16 of said code; to amend and reenact §18B-9-1 and §18B-9-2 of said code; to amend and reenact §18B-9A-1, §18B-9A-2, §18B-9A-3, §18B-9A-4, §18B-9A-5, §18B-9A-6 and §18B-9A-7 of said code; and to amend said code by adding thereto a new section, designated §18B-9A-5a, all relating to public higher education personnel generally; clarifying roles of Higher Education Policy Commission, Council for Community and Technical College Education and state organizations of higher education; providing legislative purposes and intent for higher education personnel; defining terms; clarifying duties of Vice Chancellor for Human Resources of the Higher Education Policy Commission; eliminating outdated and redundant reporting and review requirements; providing for evaluation and reviews of organizations for certain human resource deficiencies, best practices and compliance with state higher education personnel laws; providing percentages of employees designated as "nonclassified" employees; directing the Higher Education Policy Commission and the Community and Technical College Council to study employment practices; providing legislative purposes and intent for classified employees salary schedule; defining terms; providing legislative purposes and intent for classification and compensation system; defining terms; clarifying that certain provisions are only applicable to classified employees; clarifying powers and duties of the Job Classification Committee; clarifying powers and duties of the Compensation Planning and Review Committee; eliminating requirement that salary schedules fall within relative market equity; restricting duties of Job Classification Committee and Compensation Planning and Review Committee; clarifying role and considerations of the Higher Education Policy Commission and Community and Technical College Council in developing salary schedules for classified employees; and requiring classification and compensation rules”; which was referred to the Committee on Education then Finance.

            A message from the Senate, by

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

            S. B. 447 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-8-12, relating to allowing a person who administers a program of secondary education at a public, private or home school to issue a diploma or other appropriate credential to a person who has completed the program of secondary education”; which was referred to the Committee on Education.

            A message from the Senate, by

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

            S. B. 457 - “A Bill to amend and reenact §18A-3-2a of the Code of West Virginia, 1931, as amended, relating to selection of athletic coaches or other extracurricular activities coaches in West Virginia public schools”; which was referred to the Committee on Education.

            A message from the Senate, by

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

            S. B. 479 - “A Bill to amend and reenact §51-2A-3 of the Code of West Virginia, 1931, as amended, relating to adding family court judges to certain family court circuits of the state; providing for terms of office; and providing for election of new family court judges at the regular elections held in the year 2016”; which was referred to the Committee on the Judiciary then Finance.

            A message from the Senate, by

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

            S. B. 499 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-29-1, §17-29-2, §17-29-3, §17-29-4, §17-29-5, §17-29-6, §17-29-7, §17-29-8, §17-29-9, §17-29-10, §17-29-11, §17-29-12, §17-29-13 and §17-29-14, all relating to creating Tourist-Oriented Directional Signs Program; stating legislative purpose; setting forth application and eligibility requirements; establishing design and content guidelines; establishing sign location and placement criteria; establishing fee schedule; setting forth maintenance responsibility; permitting revocation of participation in program; exempting rulemaking from State Administrative Procedures Act; requiring rules be filed with Secretary of State; and defining terms”; which was referred to the Committee on Roads and Transportation then Finance.

            A message from the Senate, by

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

            S. B. 508, Reorganizing Hatfield-McCoy Regional Recreation Authority.

            A message from the Senate, by

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

            Com. Sub. for S. B. 529 - “A Bill to amend and reenact §5-10-2, §5-10-14, §5-10-15, §5-10-15a, §5-10-20, §5-10-21 and §5-10-29 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5-10-21a; to amend and reenact §5-13-2 of said code; to amend and reenact §5-16-13 of said code; to amend and reenact §15-2A-21 of said code; to amend and reenact §18-7A-17, §18-7A-23 and §18-7A-25 of said code; and to amend said code by adding thereto two new sections, designated §18-7A-17a and §18-7A-25b, all relating generally to benefits and costs for certain members of the West Virginia Public Employees Retirement System, State Police Retirement System and Teachers Retirement System; calculating final average salary and service credit for certain public employees; purchase of military service for certain members of the West Virginia Public Employees Retirement System, State Police Retirement System and Teachers Retirement System; increasing contribution rate and years of contributing service required for certain public employees; accrued annual and sick leave of certain employees participating in the West Virginia Public Employees Retirement System and Teachers Retirement System may not be applied for retirement service credit; and revising the reciprocal retirement provisions for certain members of the teachers and the public employees system”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            S. B. 549 - “A Bill to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended, relating to classifying civilian positions within West Virginia State Police forensic laboratory; establishing salaries; and requiring a manual”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            S. B. 560 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-1-22, relating to establishing a new special revenue fund for the purpose of collecting and remitting moneys to the State Treasury for use of certain advanced technology provided by Supreme Court of Appeals”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            S. B. 577 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §12-1-12e, relating to allowing governing boards of certain four-year colleges and universities to invest certain funds with its respective nonprofit foundation that has been established to receive contributions exclusively for that institution and which exists on January 1, 2015”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            S. B. 578 - “A Bill to amend and reenact §23-4-8d of the Code of West Virginia, 1931, as amended; and to amend and reenact §23-5-7 of said code, all relating to authorization of compromise and settlement of occupational disease claims; permitting final settlement of medical benefits for nonorthopedic occupational disease claims; and requiring claimant be represented by legal counsel in these claims”; 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 requested the concurrence of the House of Delegates in the passage, of 

            S. B. 579 - “A Bill to amend and reenact §29-22B-328 of the Code of West Virginia, 1931, as amended, relating to clarifying restriction of businesses selling petroleum products from creating a restricted adult-only facility”; which was referred to the Committee on the Judiciary.

            Delegate Perry asked and obtained unanimous consent to be removed as a cosponsor of H. B. 3018.

Special Calendar

Third Reading

            S. B. 294, Eliminating certain unnecessary, inactive or redundant councils, committees and boards; 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. 284), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows: 

            Nays: Eldridge.

            Absent And Not Voting: Hanshaw.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 294) passed.

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

            Com. Sub. for S. B. 343, Exempting chiropractors from continuing education requirement on mental health conditions common to veterans; on third reading, coming up in regular order, was, on motion of Delegate Cowles, laid over.

            Com. Sub. for S. B. 435, Creating WV Sheriffs’ Bureau of Professional Standards; 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. 285), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent And Not Voting: Hanshaw.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 435) passed.

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

            S. B. 463, Making supplementary appropriation to DHHR, DHS, Health Care Provider Tax, Medicaid State Share 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. 286), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent and Not Voting: Hanshaw.

            So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 463) passed.

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

            On this question, the yeas and nays were taken (Roll No. 287), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent and Not Voting: Hanshaw.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 463) takes effect from its passage.

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

            S. B. 466, Making supplementary appropriation of federal funds to Department of Commerce; on third reading, coming up in regular order, was read a third time.

            On the passage of the bill, the yeas and nays were taken (Roll No. 288), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent And Not Voting: Hanshaw.

            So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 466) passed.

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

            On this question, the yeas and nays were taken (Roll No. 289), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent And Not Voting: Hanshaw.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 466) takes effect from its passage.

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

            S. B. 467, Making supplementary appropriation of federal funds to Department of Agriculture, State Conservation Committee; on third reading, coming up in regular order, was read a third time.

            On the passage of the bill, the yeas and nays were taken (Roll No. 290), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent And Not Voting: Hanshaw.

            So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 467) passed.

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

            On this question, the yeas and nays were taken (Roll No. 291), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent And Not Voting: Hanshaw.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 467) takes effect from its passage.

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

            S. B. 469, Making supplementary appropriation of federal funds to DEP, Division of Environmental Protection; on third reading, coming up in regular order, was read a third time.

            On the passage of the bill, the yeas and nays were taken (Roll No. 292), and there were--yeas 93, nays 6, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Folk, Marcum, McGeehan, J. Nelson, Reynolds and R. Smith.

            Absent And Not Voting: Hanshaw.

            So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 469) passed.

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

            On this question, the yeas and nays were taken (Roll No. 293), and there were--yeas 93, nays 6, absent and not voting 1, with the nays and absent and not voting being as follows: 

            Nays: Eldridge, Folk, Marcum, McGeehan, J. Nelson and R. Smith.

            Absent And Not Voting: Hanshaw.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 469) takes effect from its passage.

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

            S. B. 471, Making supplementary appropriation of federal funds to DHHR, Human Rights Commission, and DHHR, DHS; on third reading, coming up in regular order, was read a third time.

            On the passage of the bill, the yeas and nays were taken (Roll No. 294), and there were--yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Azinger, Folk, McGeehan and R. Smith.

            Absent And Not Voting: Hanshaw and Walters.

            So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 471) passed.

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

            On this question, the yeas and nays were taken (Roll No. 295), and there were--yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting being as follows: 

            Nays: Azinger, Folk, McGeehan and R. Smith.

            Absent And Not Voting: Hanshaw and Walters.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 471) takes effect from its passage.

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

            S. B. 477, Supplementing, amending, decreasing and increasing appropriation from State Road Fund to DOH; on third reading, coming up in regular order, was read a third time.

            On the passage of the bill, the yeas and nays were taken (Roll No. 296), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent And Not Voting: Hanshaw and Walters.

            So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 477) passed.

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

            On this question, the yeas and nays were taken (Roll No. 297), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent And Not Voting: Hanshaw and Walters.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 477) 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. 2015, Requiring the Legislative Auditor to conduct performance reviews and audits for every government spending unit, including all members of the Board of Public Works and the Legislature; 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. 298), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent And Not Voting: Hanshaw and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2015) 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. 2226, Eliminating dedication of corporation net income tax revenues to and deposits of such revenues into the Special Railroad Intermodal Enhancement Fund; on third reading, coming up in regular order, was, on motion of Delegate Cowles, laid over.

            Com. Sub. for H. B. 2239, Creating a logistical advisory committee; 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. 299), and there were--yeas 93, nays 4, absent and not voting 3, with the nays and absent and not voting being as follows: 

            Nays: Fleischauer, Folk, Guthrie, Lynch and Pushkin.

            Absent And Not Voting: Hanshaw and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2239) 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. 2377, Authorizing State Board of Education to approve certain alternatives with respect to instructional time; 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. 300), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows: 

            Nays: Gearheart.

            Absent And Not Voting: Hanshaw, Moffatt and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2377) 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. 2466, Exempting valid nonprofit organizations from licensing requirements of the West Virginia Alcoholic Beverage Control Authority during certain events; 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. 301), and there were--yeas 82, nays 15, absent and not voting 3, with the nays and absent and not voting being as follows: 

            Nays: Speaker Armstead, Arvon, Azinger, Border, A. Evans, Fast, Hamilton, Howell, Ireland, Longstreth, Moye, Overington, Perry, R. Smith and Sobonya.

            Absent And Not Voting: Hanshaw, O'Neal and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2466) 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. 2502, Possessing deadly weapons on school buses or on the premises of educational facilities; 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. 302), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows: 

            Nays: Deem.

            Absent And Not Voting: Hanshaw and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2502) 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. 2515, Relating to elk restoration; 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. 303), and there were--yeas 87, nays 11, absent and not voting 2, with the nays and absent and not voting being as follows: 

            Nays: Anderson, Ashley, Border, Cadle, Canterbury, Cooper, Fast, Kelly, Perdue, Upson and Waxman.

            Absent And Not Voting: Hanshaw and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2515) 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. 2521, Clarifying the scope, application and methods for error correction required by the CPRB; 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. 304), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows: 

            Nays: Kurcaba and Zatezalo.

            Absent And Not Voting: Hanshaw and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2521) 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. 2585, Requiring leaseholders of mineral interests to notify the owners of the minerals when there is an assignment of the lease to another party; 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. 305), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows: 

            Nays: Fast.

            Absent And Not Voting: Hanshaw and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2585) 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. 2816, Relating to the eligibility of a mine operator to receive a tax credit for performing reclamation or remediation at a bond forfeiture site; on third reading, coming up in regular order, was, at the request of Delegate Cowles, and by unanimous consent, laid over one day, retaining its place on the calendar.

            Com. Sub. for H. B. 2840, Providing an alternative plan to make up lost days of instruction; 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. 306), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows: 

            Nays: Gearheart.

            Absent And Not Voting: Hanshaw and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2840) passed.

            Delegate Cowles moved that the bill take effect July 1, 2015.

            On this question, the yeas and nays were taken (Roll No. 307), 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: Border, Hanshaw and Walters.

            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. 2840) takes effect July 1, 2015.

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

            H. B. 2877, Relating to electronic filing of tax returns and electronic funds transfers in payment of taxes; 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. 308), 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: Border, Hanshaw and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2877) 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. 2878, Creating a one-stop electronic business portal in West Virginia; 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. 309), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent And Not Voting: Hanshaw and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2878) 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. 2880, Creating an addiction treatment pilot program; on third reading, coming up in regular order, was read a third time.

            Delegate Marcum requested to be excused from voting on the passage of H. B. 2880 under the provisions of House Rule 49.

            The Speaker replied that the Delegate may have a direct interest therein but that it would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Gentleman from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 310), and there were--yeas 92, nays 2, absent and not voting 6, with the nays and absent and not voting being as follows: 

            Nays: Pushkin and H. White.

            Absent And Not Voting: Deem, Guthrie, Hanshaw, Lynch, Moore and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2880) passed.

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

            H. B. 2880 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto by adding thereto a new article, designated §62-15A-1, §62-15A-2, §62-15A-3 and §62-15A-4 relating to creating an addiction treatment pilot program.”

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

            H. B. 2914, Providing for voluntary dissolution of resort area district; 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. 311), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent And Not Voting: Deem, Guthrie, Hanshaw, Lynch, Moore and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2914) passed.

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

            Com. Sub. for H. B. 2916, Providing limited borrowing authority to the Governor for the completion of renovations to Capitol Complex Building 3; 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. 312), and there were--yeas 79, nays 18, absent and not voting 3, with the nays and absent and not voting being as follows: 

            Nays: Azinger, Cowles, Faircloth, Folk, Frich, Gearheart, Hill, Householder, Ihle, Kelly, Kurcaba, Manchin, Marcum, McGeehan, J. Nelson, Perry, Upson and Wagner.

            Absent And Not Voting: Hanshaw, Lynch and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2916) 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. 2999, Relating to neonatal abstinence centers; 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. 313), 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: Duke, Hanshaw, Lynch and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2999) 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. 3006, Relating to the determination of the adjusted rate established by the Tax Commissioner for the administration of tax deficiencies; 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. 314), and there were--yeas 73, nays 24, absent and not voting 3, with the nays and absent and not voting being as follows: 

            Nays: Byrd, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Folk, Guthrie, Hicks, Hornbuckle, Kelly, Manchin, Marcum, Miley, Perdue, Perry, Pushkin, Reynolds, Rodighiero, Skinner, Sobonya, Sponaugle, Summers and Wagner.

            Absent And Not Voting: Hanshaw, Lynch and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3006) 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. 3017, Addressing sudden cardiac arrest in interscholastic athletes; 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. 315), 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: Hanshaw, Lynch and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3017) 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. 3018, Increasing the allowable range of difference in salary potential of school employees in different counties; on third reading, coming up in regular order, was read a third time.

            Delegate Moye requested to be excused from voting on the passage of H. B. 3018 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 Gentleman from voting.

            On motion of Delegate Cowles, the bill was laid over.

            At 3:01 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 5:00 p.m.

* * * * * * *

Afternoon Session

* * * * * * *

Reordering of the Calendar

            Delegate Cowles announced that the Committee on Rules had transferred H. B. 2675 and Com. Sub. for H. B. 2718, on third reading, House Calendar, to the Special Calendar.

Special Calendar

Third ReadingH. B. 2675, Reducing certain severance taxes that are dedicated to the Workers’ Compensation Debt Reduction Fund; on third reading, coming up in regular order, with amendments pending, was reported by the Clerk.

            An amendment to the bill, offered by Delegates R. Phillips, Cadle and Walters was reported by the Clerk:

            On page two, section four, line ten, by striking out “Provided, That the tax is $.50 per ton and the measure of the tax is tons of clean coal severed or produced in this state by the taxpayer after June 30, 2015, for sale, profit or commercial use during the taxable year.” 

            On page three, section four, line thirty-six, by striking out “Provided, That the rate of this additional tax shall be $.042 per mcf of natural gas and the measure of the tax is natural gas produced after June 30, 2015, determined at the point where the production privilege ends for purposes of the tax imposed by section three-a, article thirteen-a of this chapter, and with respect to which the tax imposed by section three-a of article thirteen-a is paid.”

            On page four, section four, line fifty-five, by striking “Provided, That after June 30, 2015, for the privilege of engaging or continuing within this state in the business of severing timber for sale, profit or commercial use, there is levied and shall be collected from every person exercising this privilege an additional annual privilege tax equal to two and four tenths percent of the gross value of the timber produced, determined at the point where the production privilege ends for purposes of the tax imposed by section three-b, article thirteen-a of this chapter and upon which the tax imposed by section three-b of article thirteen-a is paid.”

            And,

            On page seven, section four, line one hundred nine, after word “expire”, by inserting the words “on June 30, 2015.”, and by striking out the remainder of the subsection.

            Whereupon,

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

            An amendment to the bill, offered by Delegates Reynolds and Boggs, was reported by the Clerk:

            On page two, section four, line ten, by striking out “$.50” and inserting in lieu thereof “$.55”.

            On page three, section four, line thirty-seven, by striking out “$.42” and inserting in lieu thereof “$.46”.

            On page four, section four, line sixty, following the word “to”, by striking out the words “two and four tenths” and inserting in lieu thereof “two and seventy-seven hundredths”.

            On page six, section four, line one hundred, following the period after the word “code”, by inserting the following:

            “Except that the net amount of 4 million dollars received by the Tax Commissioner from collection of taxes under this section is to be deposited into the ‘Fight Substance Abuse Fund’ created pursuant to section eight, article nine, chapter sixty-a of this code, and, the net amount of 6 million dollars received by the Tax Commissioner from collection of taxes under this section is to be deposited into the ‘Title XIX Waiver for Seniors Fund” created pursuant to section nine-d, article two, chapter nine of this code’.”

            And,

            On page seven, line one hundred twenty-one, following section four, by inserting a new section, to read as follows:

“ARTICLE 5P. SENIOR SERVICES.

§9-2-9d. Title XIX Waiver for Seniors Fund.

            There is hereby created a special revenue account in the state treasury, designated the Title XIX Waiver for Seniors Fund, which shall be an interest-bearing account and may be invested in accordance with the provisions of article six, chapter twelve of this code, with interest income a proper credit to the fund. The fund shall consist of appropriations by the Legislature, gifts, donations or any other source. Expenditures from the fund shall be made by the secretary for the purpose of providing state funding for title XIX Waivers for seniors.” 

            Whereupon,

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

Speaker Pro Tempore Anderson in the Chair

            Mr. Speaker, Mr. Armstead, arose from his seat and requested to be excused from voting on the passage of H. B. 2675 under the provisions of House Rule 49.

            The Speaker Pro Tempore replied that Mr. Armstead 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 him from voting.

Mr. Speaker, Mr. Armstead, in the Chair

            Delegates R. Phillips, J. Nelson and R. Smith requested to be excused from voting on the passage of H. B. 2675 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.

            Having been engrossed the bill was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 316), and there were--yeas 80, nays 18, absent and not voting 2, with the nays and absent and not voting being as follows: 

            Nays: Caputo, Ferro, Fleischauer, Fluharty, Guthrie, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Miley, Moore, Perdue, Pushkin, Reynolds, Rowe, Skinner and Sponaugle.

            Absent And Not Voting: Deem and Hanshaw.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2675) 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. 2718, Transferring funds remaining in the Racetrack Modernization Fund to the State Road Fund and closing the Racetrack Modernization Fund; on third reading, coming up in regular order, with amendments pending and further right to amend, was reported by the Clerk.

            An amendment to the bill, offered by Delegate E. Nelson, was reported by the Clerk.

            Whereupon,

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

            Delegates E. Nelson and Perdue then asked and obtained unanimous consent to offer another amendment.

             On motion of Delegates E. Nelson and Perdue the bill was amended on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:

“ARTICLE 22A. RACETRACK VIDEO LOTTERY.

§29-22A-10g. Distributions to various funds during fiscal year 2016. 

            (a) Notwithstanding any provision of section ten or ten-d of this article to the contrary, during the fiscal year beginning July 1, 2015, the commission shall not make a deposit of such amounts as are available under subdivision (1), subsection (b), section ten of this article into a separate facility modernization account maintained within the Licensed Racetrack Modernization Fund for each racetrack as prescribed by subdivision (2), subsection (b), section ten of this article. In lieu thereof, the commission shall deposit the amounts otherwise made available by those calculations as follows:

            (1) Up to $6 million shall be deposited into the state road fund of the state to be expended for maintenance, contract paving, and secondary road maintenance purposes;

            (2) Up to $1 million shall be deposited into the Department of Human Services Medical Services Fund established pursuant to section two, article four, chapter nine of this code to be expended for the state's Title XIX Aged and Disabled Waiver program;

            (3) Up to $1 million shall be deposited into the West Virginia Department of Health and Human Resources Division of Health General Administrative Fund established pursuant to subsection (b) of this section to be expended for Health Right Free Clinics; and

            (4) Up to $1 million shall be deposited into the West Virginia Department of Health and Human Resources Division of Health General Administrative Fund established pursuant to subsection (b) of this section to be expended by the Secretary of Health and Human Resources after consultation with, and pursuant to the guidance provided by, the Governor’s Advisory Council on Substance Abuse created by Executive Order No. 5-11 on September 6, 2011, for the purposes of implementing the approved Statewide Substance Abuse Strategic Action Plan for the improvement of the statewide substance abuse continuum of care, or for other purposes as may be recommended by the Advisory Council pursuant to the duties imposed by said Executive Order.

            (b) The West Virginia Department of Health and Human Resources Division of Health General Administrative Fund is hereby established in the State Treasury. The fund shall be administered by the Secretary of the West Virginia Department of Health and Human Resources and shall consist of all moneys made available for the administration of programs or other activities of the Department as established by law or as directed by the Legislature from any source, including, but not limited to, all gifts, grants, bequests, deposits or transfers from any source, any moneys that may be transferred, designated or appropriated to the fund by the Legislature, and all interest or other return earned from investment of the fund. Expenditures from the fund are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter eleven-b of this code. Any balance, including accrued interest and other returns, remaining in the fund at the end of each fiscal year shall not revert to the General Revenue Fund but shall remain in the fund and be expended as provided by this subsection.

            (c) Notwithstanding any provision of subsection (b), section ten of this article to the contrary, if a licensed racetrack's facility modernization account contains a balance in the fiscal year ending June 30, 2015, the unexpended balance from that fiscal year will be available for matching for two additional fiscal years, after which time, the remaining unused balance carried forward shall revert to the lottery fund.”

            Having been engrossed the bill was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 317), and there were--yeas 88, nays 10, absent and not voting 2, with the nays and absent and not voting being as follows: 

            Nays: Blair, Espinosa, Fluharty, Folk, McGeehan, Skinner, Storch, Upson, Weld and Zatezalo.

            Absent And Not Voting: Deem and Hanshaw.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2718) passed.

            On motion of Delegate E. Nelson, the title of the bill was amended to read as follows:

            Com. Sub. for H. B. 2718 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-22A-10g, relating to directing the lottery commission to suspend the deposit of certain amounts into accounts within the Licensed Racetrack Modernization Fund during the fiscal year beginning July 1, 2015, and in lieu thereof to deposit those amounts into the state road fund and other funds for specific purposes; creating a new fund in the state treasury; and extending the availability of any unexpended balance in the Licensed Racetrack Modernization Fund for matching for two additional fiscal years”.

            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. J. R. 13, The Homestead Exemption Increase Amendment; on second reading, coming up in regular order, was read a second time.

            Delegates Sponaugle, Caputo, Pushkin, Hornbuckle and Fluharty moved to amend the resolution on page two, section one (d), lines three and four, by striking out the words “a county option”.

            On page two, section one (d), line seven, by striking out the word “thirty” and inserting in lieu thereof the word “sixty”.

            On page three, section one 1 (d), line thirty, by striking out the words “a county option to allow each county” and inert in lieu thereof the words “the authority”.

            And,

            On page four, section one (d), line thirty-two, by striking out “$30,000”and inserting in lieu thereof “$60,000”.

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

            The yeas and nays having been ordered, they were taken (Roll No. 318), and there were--yeas 39, nays 59, absent and not voting 2, with the yeas and absent and not voting being as follows:

            Yeas: Bates, Blair, Boggs, Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Folk, Frich, Guthrie, Hartman, Hicks, Hornbuckle, Householder, Ihle, Lane, Longstreth, Lynch, Manchin, Marcum, McGeehan, Miley, Morgan, Moye, Perdue, Perry, R. Phillips, Pushkin, Reynolds, Rodighiero, Skinner, P. Smith, Sponaugle, Trecost, H. White and Williams.

            Absent And Not Voting: Deem and Hanshaw.

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

            Delegates Sponaugle, Caputo, Pushkin, Hornbuckle and Fluharty moved to amend the resolution on page two, section one (d), lines three and four, by striking out the words “a county option”.

            On page two, section one(d), line seven, by striking out the word “thirty” and inserting in lieu thereof the word “fifty-five”.

            On page three, Section one (d), line thirty, by striking out the words “a county option to allow each county” and inert in lieu thereof the words “the authority”.

            And,

            On page four, section one (d), line thirty-two, by striking out “$30,000” and inserting in lieu thereof “$55,000”.

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

            The yeas and nays having been ordered, they were taken (Roll No. 319), and there were--yeas 40, nays 58, absent and not voting 2, with the yeas and absent and not voting being as follows:

            Yeas: Bates, Blair, Boggs, Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Folk, Frich, Guthrie, Hartman, Hicks, Hornbuckle, Householder, Ihle, Lane, Longstreth, Lynch, Manchin, Marcum, McGeehan, Miley, Moye, J. Nelson, Perdue, Perry, L. Phillips, R. Phillips, Pushkin, Reynolds, Rodighiero, Skinner, P. Smith, Sponaugle, Trecost, H. White and Williams.

            Absent And Not Voting: Deem and Hanshaw.

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

            Delegates Manchin and Caputo moved to amend the resolution on page two, section one (d), lines three and four, by striking out the words “a county option”.

            On page two, section one (d), line seven, by striking out the word “thirty” and inserting in lieu thereof the word “fifty”.

            On page three, section one (d), line thirty, by striking out the words “a county option to allow each county” and inert in lieu thereof the words “the authority”.

            And,

            On page four, section one (d), line thrity-two, by striking out “$30,000” and inserting in lieu thereof “$50,000”.

            On the adoption of 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. 320), and there were--yeas 46, nays 52, absent and not voting 2, with the yeas and absent and not voting being as follows:

            Yeas: Bates, Blair, Boggs, Byrd, Campbell, Canterbury, Caputo, Eldridge, Ellington, Ferro, Fleischauer, Fluharty, Folk, Frich, Guthrie, Hartman, Hicks, Hornbuckle, Householder, Ihle, Lane, Longstreth, Lynch, Manchin, Marcum, McGeehan, Miley, Moore, Morgan, Moye, J. Nelson, Overington, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pushkin, Reynolds, Rodighiero, Skinner, P. Smith, Sponaugle, Trecost, H. White and Williams.

            Absent And Not Voting: Deem and Hanshaw.

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

            Delegates Sponaugle, Caputo, Pushkin, Hornbuckle and Fluharty moved to amend the resolution on page two, section one (d), lines three and four, by striking out the words “a county option”.

            On page two, section one (d), line seven, by striking out the word “thirty” and inserting in lieu thereof the word “forty-five”.

            On page three, section one (d), line thirty, by striking out the words “a county option to allow each county” and inserting in lieu thereof the words “the authority”.

            And,

            On page four, section one (d), line thirty-two, by striking out “$30,000” and inserting in lieu thereof “$45,000”.

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

            The yeas and nays having been ordered, they were taken (Roll No. 321), and there were--yeas 43, nays 55, absent and not voting 2, with the yeas and absent and not voting being as follows:

            Yeas: Bates, Blair, Boggs, Byrd, Campbell, Caputo, Eldridge, Ellington, Ferro, Fleischauer, Fluharty, Folk, Frich, Guthrie, Hartman, Hicks, Hornbuckle, Householder, Ihle, Lane, Longstreth, Lynch, Manchin, Marcum, McGeehan, Miley, Moore, Moye, J. Nelson, Overington, Perdue, Perry, R. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, Trecost, H. White and Williams.

            Absent And Not Voting: Deem and Hanshaw.

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

            Delegate Morgan requested to be excused from voting on S. B. 502 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 Delegate from voting.

            The Speaker also stated the same ruling applied to anyone who qualified for the homestead exemption.

            Delegates Sponaugle, Caputo, Pushkin, Hornbuckle and Fluharty moved to amend the resolution on page two, section one (d), lines three and four, by striking out the words “a county option”.

            On page two, section one (d), line seven, by striking out the word “thirty” and inserting in lieu thereof the word “forty”.

            On page three, section one (d), line thirty, by striking out the words “a county option to allow each county” and inert in lieu thereof the words “the authority”.

            And,

            On page four, section one (d), line thirty-two, by striking out “$30,000” and inserting in lieu thereof “$40,000”.

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

            The yeas and nays having been ordered, they were taken (Roll No. 322), and there were--yeas 50, nays 48, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Speaker Armstead, Ambler, Anderson, Arvon, Ashley, Azinger, Border, Butler, Cadle, Canterbury, Cooper, Cowles, Duke, Espinosa, A. Evans, D. Evans, Faircloth, Fast, Foster, Gearheart, Hamilton, Hill, Howell, Ireland, Kelly, Kessinger, Kurcaba, McCuskey, Miller, Moffatt, E. Nelson, O’Neal, Pasdon, Romine, Rowan, Shott, R. Smith, Sobonya, Stansbury, Statler, Summers, Upson, Wagner, Waxman, Weld, Westfall, B. White and Zatezalo.

            Absent And Not Voting: Deem and Hanshaw.

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

            The resolution was then ordered to engrossment and third reading.

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

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

            “That §22-3-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 3. SURFACE COAL MINING AND RECLAMATION ACT.

§22-3-11. Bonds; amount and method of bonding; bonding requirements; special reclamation             tax and funds; prohibited acts; period of bond liability.

            (a) After a surface mining permit application has been approved pursuant to this article, but before a permit has been issued, each operator shall furnish a penal bond, on a form to be prescribed and furnished by the secretary, payable to the State of West Virginia and conditioned upon the operator faithfully performing all of the requirements of this article and of the permit. The penal amount of the bond shall be not less than $1,000 nor more than $5,000 for each acre or fraction of an acre: Provided, That the minimum amount of bond furnished for any type of reclamation bonding shall be $10,000. The bond shall cover: (1) The entire permit area; or (2) that increment of land within the permit area upon which the operator will initiate and conduct surface mining and reclamation operations within the initial term of the permit. If the operator chooses to use incremental bonding, as succeeding increments of surface mining and reclamation operations are to be initiated and conducted within the permit area, the operator shall file with the secretary an additional bond or bonds to cover the increments in accordance with this section: Provided, however, That once the operator has chosen to proceed with bonding either the entire permit area or with incremental bonding, the operator shall continue bonding in that manner for the term of the permit.

            (b) The period of liability for bond coverage begins with issuance of a permit and continues for the full term of the permit plus any additional period necessary to achieve compliance with the requirements in the reclamation plan of the permit.

            (c) (1) The form of the bond shall be approved by the secretary and may include, at the option of the operator, surety bonding, collateral bonding (including cash and securities), establishment of an escrow account, self bonding or a combination of these methods. If collateral bonding is used, the operator may elect to deposit cash or collateral securities or certificates as follows: Bonds of the United States or its possessions of the Federal Land Bank or of the Homeowners' Loan Corporation; full faith and credit general obligation bonds of the State of West Virginia or other states and of any county, district or municipality of the State of West Virginia or other states; or certificates of deposit in a bank in this state, which certificates shall be in favor of the department. The cash deposit or market value of the securities or certificates shall be equal to or greater than the penal sum of the bond. The secretary shall, upon receipt of any deposit of cash, securities or certificates, promptly place the same with the Treasurer of the State of West Virginia whose duty it is to receive and hold the deposit in the name of the state in trust for the purpose for which the deposit is made when the permit is issued. The operator making the deposit is entitled, from time to time, to receive from the State Treasurer, upon the written approval of the secretary, the whole or any portion of any cash, securities or certificates so deposited, upon depositing with him or her in lieu thereof cash or other securities or certificates of the classes specified in this subsection having value equal to or greater than the sum of the bond.

            (2) The secretary may approve an alternative bonding system if it will: (A) Reasonably assure that sufficient funds will be available to complete the reclamation, restoration and abatement provisions for all permit areas which may be in default at any time; and (B) provide a substantial economic incentive for the permittee to comply with all reclamation provisions.

            (d) The secretary may accept the bond of the applicant itself without separate surety when the applicant demonstrates to the satisfaction of the secretary the existence of a suitable agent to receive service of process and a history of financial solvency and continuous operation sufficient for authorization to self insure.

            (e) It is unlawful for the owner of surface or mineral rights to interfere with the present operator in the discharge of the operator's obligations to the state for the reclamation of lands disturbed by the operator.

            (f) All bond releases shall be accomplished in accordance with the provisions of section twenty-three of this article.

            (g) (1) The Special Reclamation Fund previously created is continued. The Special Reclamation Water Trust Fund is created within the State Treasury into and from which moneys shall be paid for the purpose of assuring a reliable source of capital to reclaim and restore water treatment systems on forfeited sites. The moneys accrued in both funds, any interest earned thereon and yield from investments by the State Treasurer or West Virginia Investment Management Board are reserved solely and exclusively for the purposes set forth in this section and section seventeen, article one of this chapter. The funds shall be administered by the secretary who is authorized to expend the moneys in both funds for the reclamation and rehabilitation of lands which were subjected to permitted surface mining operations and abandoned after August 3, 1977, where the amount of the bond posted and forfeited on the land is less than the actual cost of reclamation, and where the land is not eligible for abandoned mine land reclamation funds under article two of this chapter. The secretary shall develop a long-range planning process for selection and prioritization of sites to be reclaimed so as to avoid inordinate short-term obligations of the assets in both funds of such magnitude that the solvency of either is jeopardized. The secretary may use both funds for the purpose of designing, constructing and maintaining water treatment systems when they are required for a complete reclamation of the affected lands described in this subsection. The secretary may also expend an amount not to exceed ten percent of the total annual assets in both funds to implement and administer the provisions of this article and, as they apply to the Surface Mine Board, articles one and four, chapter twenty-two-b of this code.

            (2)(A) A tax credit shall be granted against the tax imposed by subsection (i) of this section to any mine operator who performs reclamation or remediation at a bond forfeiture site which otherwise would have been reclaimed using funds from the Special Reclamation Fund or Special Reclamation Water Trust Fund:. The credit authorized pursuant to this subdivision is retroactive and may be claimed for reclamation or remediation performed on or after January 1, 2012: Provided, That for reclamation or remediation performed prior to July 13, 2013, no tax credit may be granted unless a written application for the tax credit was submitted to the Tax Commissioner prior to September 1, 2014. The amount of credit shall be determined as provided in this section.

            (B) The amount of a reclamation tax credit granted under this subsection shall be equal to the amount that the Tax Commissioner determines, based on the project costs, as shown in the records of the secretary, that would have been spent from the Special Reclamation Fund or Special Reclamation Water Trust Fund to accomplish the reclamation or remediation performed by the mine operator, including expenditures for water treatment.

            (C) To claim the credit, the mine operator shall from time to time file with the Tax Commissioner a written application seeking the amount of the credit earned. Within thirty days of receipt of the application, the Tax Commissioner shall issue a certification of the amount of tax credit, if any, to be allocated to the eligible taxpayer. Should the amount of the credit certified be less than the amount applied for, the Tax Commissioner shall set forth in writing the reason for the difference. Should no certification be issued within the thirty-day period, the application will be deemed certified. Any decision by the Tax Commissioner is appealable pursuant to the provisions of the ‘West Virginia Tax Procedure and Administration Act’ set forth in article ten, chapter eleven of the code. Applications for certification of the proposed tax credit shall contain the information and be in the detail and form as required by the Tax Commissioner.

            (h) The Tax Commissioner may promulgate rules for legislative approval pursuant to the provisions of article three, chapter twenty-nine-a of this code to carry out the purposes of this subdivision two, subsection (g) of this section.

            (i)(1) Rate, deposits and review.

            (A) For tax periods commencing on and after July 1, 2009, every person conducting coal surface mining shall remit a special reclamation tax of fourteen and four-tenths cents per ton of clean coal mined, the proceeds of which shall be allocated by the secretary for deposit in the Special Reclamation Fund and the Special Reclamation Water Trust Fund.

            (B) For tax periods commencing on and after July 1, 2012, the rate of tax specified in paragraph (A) of this subdivision is discontinued and is replaced by the rate of tax specified in this paragraph (B). For tax periods commencing on and after July 1, 2012, every person conducting coal surface mining shall remit a special reclamation tax of twenty-seven and nine-tenths cents per ton of clean coal mined, the proceeds of which shall be allocated by the secretary for deposit in the Special Reclamation Fund and the Special Reclamation Water Trust Fund. Of that amount, fifteen cents per ton of clean coal mined shall be deposited into the Special Reclamation Water Trust Fund.

            (C) The tax shall be levied upon each ton of clean coal severed or clean coal obtained from refuse pile and slurry pond recovery or clean coal from other mining methods extracting a combination of coal and waste material as part of a fuel supply.

            (D) Beginning with the tax period commencing on July 1, 2009, and every two years thereafter, the special reclamation tax shall be reviewed by the Legislature to determine whether the tax should be continued: Provided, That the tax may not be reduced until the Special Reclamation Fund and Special Reclamation Water Trust Fund have sufficient moneys to meet the reclamation responsibilities of the state established in this section.

            (2) In managing the Special Reclamation Program, the secretary shall: (A) Pursue cost-effective alternative water treatment strategies; and (B) conduct formal actuarial studies every two years and conduct informal reviews annually on the Special Reclamation Fund and Special Reclamation Water Trust Fund.

            (3) Prior to December 31, 2008, the secretary shall:

            (A) Determine the feasibility of creating an alternate program, on a voluntary basis, for financially sound operators by which those operators pay an increased tax into the Special Reclamation Fund in exchange for a maximum per-acre bond that is less than the maximum established in subsection (a) of this section;

            (B) Determine the feasibility of creating an incremental bonding program by which operators can post a reclamation bond for those areas actually disturbed within a permit area, but for less than all of the proposed disturbance and obtain incremental release of portions of that bond as reclamation advances so that the released bond can be applied to approved future disturbance; and

            (C) Determine the feasibility for sites requiring water reclamation by creating a separate water reclamation security account or bond for the costs so that the existing reclamation bond in place may be released to the extent it exceeds the costs of water reclamation.

            (4) If the secretary determines that the alternative program, the incremental bonding program or the water reclamation account or bonding programs reasonably assure that sufficient funds will be available to complete the reclamation of a forfeited site and that the Special Reclamation Fund will remain fiscally stable, the secretary is authorized to propose legislative rules in accordance with article three, chapter twenty-nine-a of this code to implement an alternate program, a water reclamation account or bonding program or other funding mechanisms or a combination thereof.

            (j) This special reclamation tax shall be collected by the State Tax Commissioner in the same manner, at the same time and upon the same tonnage as the minimum severance tax imposed by article twelve-b, chapter eleven of this code is collected: Provided, That under no circumstance shall the special reclamation tax be construed to be an increase in either the minimum severance tax imposed by said article or the severance tax imposed by article thirteen of said chapter.

            (k) Every person liable for payment of the special reclamation tax shall pay the amount due without notice or demand for payment.

            (l) The Tax Commissioner shall provide to the secretary a quarterly listing of all persons known to be delinquent in payment of the special reclamation tax. The secretary may take the delinquencies into account in making determinations on the issuance, renewal or revision of any permit.

            (m) The Tax Commissioner shall deposit the moneys collected with the Treasurer of the State of West Virginia to the credit of the Special Reclamation Fund and Special Reclamation Water Trust Fund.

            (n) At the beginning of each quarter, the secretary shall advise the State Tax Commissioner and the Governor of the assets, excluding payments, expenditures and liabilities, in both funds.

            (o) To the extent that this section modifies any powers, duties, functions and responsibilities of the department that may require approval of one or more federal agencies or officials in order to avoid disruption of the federal-state relationship involved in the implementation of the federal Surface Mining Control and Reclamation Act, 30 U. S. C. §1270 by the state, the modifications will become effective upon the approval of the modifications by the appropriate federal agency or official.”

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 2021, Implementing drug testing for recipients of federal-state and state assistance; on second reading, coming up in regular order, was read a second time.

            Delegate Cowles asked unanimous consent that the bill be advanced to third reading with amendments pending, which consent was not given, objection being heard.

            Delegate Cowles then so moved.

            On this question, the yeas and nays were taken (Roll No. 323), and there were--yeas 62, nays 33, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Bates, Boggs, Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Reynolds, Rodighiero, Rowe, P. Smith, Sponaugle, Trecost, B. White and H. White.

            Absent And Not Voting: Deem, Hanshaw, Pushkin, Skinner and Weld.

            So, two thirds of the members present and voting not having voted in the affirmative, the motion was rejected.

            Delegates Ellington, Gearheart and Householder, moved to amend the bill on page one, line eighteen, by striking out everything after the enacting section and inserting in lieu thereof the following:

“ARTICLE 3. APPLICATION FOR AND GRANTING OF ASSISTANCE.

§9-3-6. Drug testing for recipients of federal-state and state assistance.

            (a) The terms mean:

            (1) ‘Department’ means the Department of Health and Human Resources;

            (2) ‘Drug screening assessment’ means a process whereby the Secretary determines whether reasonable suspicion exists that the applicant uses a drug.

            (3) ‘Secretary’ means the Secretary of the department or his or her designee.

            (4) ‘Temporary Assistance for Needy Families Program’ means assistance provided through ongoing cash benefits pursuant to 42 U.S.C. §601, et seq.

            (b) The Secretary shall implement and administer a drug screening assessment program for an adult applying for the Temporary Assistance for Needy Families Program.

            (c) The Secretary shall propose an emergency and legislative rule for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a developing the criteria used in a drug screening assessment. These criteria may include, but is not limited to:

            (1) An assessment conducted during the application process including;

            (A) an applicant's demeanor;

            (B) missed appointments at a local county office;

            (C) denial of an application for employment due to a positive drug screen; and

            (D) termination from employment due to drug use;

            (2) Whether the applicant was convicted of a drug-related offense within the previous five years; or

            (3) Whether the applicant is a mother who delivered an infant, who has certain controlled substances, not legally prescribed, in his or her system, including amphetamines, tetrahydrocannabinol, oxycodone, cocaine, phencyclidine (PCP), any opiate, barbiturate, benzodiazepine, methamphetamine, propoxyphene, and any tricyclic antidepressants.

            (d) The Secretary shall order the drug testing of an applicant when based upon the applicant’s drug screening there exists a reasonable suspicion that the applicant is unlawfully a using controlled substance. An applicant who refuses a drug screen or drug test is ineligible for cash assistance. Presentation of a valid prescription of the controlled substance detected is an absolute defense for failure of any drug test administered under the provisions of this section.

            (e) Other adult members of a household that includes a person who has been declared ineligible for the Temporary Assistance for Needy Families Program shall, if otherwise eligible, continue to receive temporary assistance for needy families benefits.

            (f) (1) No dependent child's eligibility for benefits under the Temporary Assistance for Needy Families Program may be affected by a parent’s failure to pass a drug test.

            (2) If a parent is deemed ineligible for the Temporary Assistance for Needy Families Program, the dependent child eligibility for benefits is not affected and an appropriate protective payee shall be designated to receive benefits on behalf of the child.

            (3) The parent may choose to designate another person to receive benefits for the minor child. The designated person shall be an immediate family member or, if an immediate family member is not available or the family member declines the option, another person, may be designated.

            (4) The designated person shall be approved by the secretary. The designated person shall also undergo the process described in subsection (c) before being approved to receive benefits on behalf of the child. If the designated person tests positive for controlled substances, he or she is ineligible to receive benefits on behalf of the child.

            (g) (1) An applicant for the Temporary Assistance for Needy Families Program, who is determined ineligible to receive benefits because of a failed drug test is ineligible to receive, and prohibited from reapplying for, benefits for a period of two years from the date that secretary determined the applicant to be ineligible. An applicant determined to be ineligible under this section shall submit to a mandatory drug test as part of a reapplication for the Temporary Assistance for Needy Families Program; and

            (2) An individual who is prohibited to receive benefits under this section may reapply for benefits no sooner than six months after the secretary declares he or she is ineligible for benefits, if the individual can document the successful completion of a drug treatment program as specified in this section,. An individual who has met the requirements of this subsection and reapplies for the Temporary Assistance for Needy Families Program shall also pass a drug test. The cost of any drug testing and drug treatment provided under this subsection is the responsibility of the individual being tested and receiving treatment. An individual may reapply for the Temporary Assistance for Needy Families Program pursuant to the exception contained in this subdivision only once.

            (3) Notwithstanding subdivisions (1) and (2), a mother who agrees to undergo a course of substance abuse education and treatment as prescribed in article fifteen, chapter sixty-two of this code, or the substantial equivalent, is immediately eligible for the Temporary Assistance for Needy Families Program, subject to the imposition of a mandatory drug test.

            (h) An applicant who is denied admittance to the Temporary Assistance for Needy Families Program under this section may request a review of the denial by the Board of Review. The results of a drug screening and the drug test are admissible without further authentication or qualification in the review of denial by the Board of Review and in any appeal.

            (i) The secretary shall ensure the confidentiality of the drug screening and the drug test results administered as part of this program. The drug screening and drug test results shall only be used for the purpose of determining eligibility for the Temporary Assistance for Needy Families Program. At no time may drug screening or drug test results be released to any public or private person or entity or any law-enforcement agency, except as otherwise authorized by this section.

            (j) The secretary shall promulgate a legislative rule according article three, chapter twenty-nine-a to prescribe the design, operation, and standards for the implementation of this section by July 1, 2015.

            (k) An individual convicted under federal or state law of any offense which is classified as a felony in West Virginia which has as an element the possession, use, or distribution of a controlled substance, as defined by 21 U.S.C. §802(6) is not eligible for Temporary Assistance for Needy Families.

            (l) A person who intentionally misrepresents any material fact in an application filed under the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100 or more than $1,000 or by imprisonment in jail not exceeding six months or by both fine and imprisonment.

            (m) The secretary shall report to the Legislative Oversight Commission on Health and Human Resources by December 31, 2015 on the status of the program described in this section, and on December 31, 2016 on the program. The report shall include, but not be limited to:

            (1) the number of applicants who were deemed ineligible to receive benefits under the program because of a positive test for controlled substances;

            (2) the number of applicants who declines testing;

            (3) the number of applicants that are deemed ineligible because of a conviction of a drug-related offense or felony as described in this section; and

            (4) the number of those applicants that receive benefits after successful completion of a drug treatment program as specified in this section.”

            On motion of Delegate Cowles, the bill was laid upon the table.

            Delegate Lane filed a form to be recorded in the Journal as having voted “Nay” on the notion to table Com. Sub. for H. B. 2021.

            Com. Sub. for H. B. 2148, Conforming the motor vehicle law of this state to the requirements of section 1405 of the federal Transportation Equity Act for the Twenty-first Century; 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. 2233, Requiring that legislative rules be reviewed five years after initial approval by the Legislative Rule-Making Review Committee and the Legislative Auditor's Office; on second reading, coming up in regular order, was read a second time.

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

“ARTICLE 3. RULE-MAKING.

§29A-3-16. Legislative review of procedural rules, interpretive legislative rules.

            (a) The Legislative Rule-Making Review Committee may review any procedural rules, interpretive rules or existing legislative rules and may make recommendations concerning such rules to the Legislature, or to the agency or to both the Legislature and the agency.

            (b) The Legislative Rule-Making Committee with the assistance of the Legislative Auditor shall review any rule promulgated in or after 2015 within at least five years from its effective date, and make recommendations to the Legislature for modification or repeal of any such rule as the Legislative Rule-Making Committee may determine to be necessary. Areas of review shall include, but not be limited to, the following:

            (1) Whether the rule is achieving its purpose; and

            (2) Whether the rule should be eliminated, continued or amended.

            (c) Following the review, the Legislative Rule-Making Committee and the Legislative Auditor shall submit to the Joint Committee on Government and Finance a summary of their findings and recommendations.”

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 2263, Providing guidance for prosecuting attorneys in cases involving abused and neglected children; 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. 2366, Relating generally to the solicitation of minors; 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. 2429, Requiring a convicted sex offender who volunteers for an organization whose volunteers have contact with minors to inform that organization of his or her conviction; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 2479, Relating to the powers and authority of state and local law enforcement to enforce underage drinking laws at private clubs; 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. 2518, Requiring insurers issuing group accident and sickness insurance policies to certain employers to furnish claims loss experience to policyholders; 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. 2549, Relating to the preparation and publication of county financial statements; on second reading, coming up in regular order, was read a second time.

            Delegate Ihle moved to amend the bill on page three, subsection (e), line one, by striking out all of subsection (e) and inserting in lieu thereof the following:“(e) By October 15 of every fiscal year, each county commission shall publish a notice that the financial statement required by this section is available to the public, free of charge, at the county’s primary office and on a website maintained by the county. The notice shall contain the office address and the website address where the financial statement is available. The county shall publish the notice annually as a Class I-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. The area of publication is the county.”

            Delegate Reynolds requested to be excused from voting on the passage of Com. Sub. for H. B. 2557 under the provisions of House Rule 49.

            The Speaker replied that the Delegate may have a direct interest therein but that it would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Gentleman from voting.

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

            The yeas and nays having been ordered, they were taken (Roll No. 324), and there were--yeas 39, nays 57, absent and not voting 4, with the yeas and absent and not voting being as follows:

            Yeas: Anderson, Arvon, Azinger, Bates, Blair, Butler, Canterbury, Duke, Ellington, Espinosa, Faircloth, Folk, Foster, Gearheart, Hill, Householder, Ihle, Kelly, Kessinger, Kurcaba, Lynch, McGeehan, Moffatt, E. Nelson, J. Nelson, Overington, Pasdon, Perry, L. Phillips, R. Smith, Storch, Upson, Wagner, Walters, Waxman, Weld, Westfall, B. White and Zatezalo.

            Absent And Not Voting: Deem, Ferro, Hanshaw and Morgan.

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

            The bill was then ordered to ordered to engrossment and third reading.

            Com. Sub. for H. B. 2557, Clarifying that an insured driver of a motor vehicle is covered by the driver's auto insurance policy when renting or leasing a vehicle; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading..

            H. B. 2595, Relating to certificates of need for the development of health facilities in this state; 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. 2636, Exempting information contained in a concealed weapon permit application from the Freedom of Information Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 2645, Expanding the availability of the Underwood-Smith Teacher Loan Assistance Program; on second reading, coming up in regular order, was read a second time.

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

            “That §18C-4A-1, §18C-4A-2 and §18C-4A-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows

ARTICLE 4A. UNDERWOOD-SMITH TEACHER LOAN ASSISTANCE PROGRAM.

§18C-4A-1. Selection criteria and procedures for loan assistance.

            (a) The Governor shall designate the Higher Education Student Financial Aid Advisory Board created by section five, article one of this chapter to select recipients to receive Underwood-Smith Teacher Loan Assistance Awards.

            (b) The advisory board shall make decisions regarding loan assistance pursuant to section one, article four of this chapter and the following criteria:

            (A) Eligibility for an award is limited to a teacher who has earned a teaching degree and is certified to teach a subject area of critical need in the public schools of West Virginia. A certified teacher in a subject area of critical need who is enrolled in an advanced in-field degree course or who has earned an advanced in-field degree may apply for an award to be paid toward current education student loans;

            (B) To be eligible for a loan award, a teacher shall agree to teach, or shall currently be teaching, a subject area of critical need or in a state school or geographic area of the state identified as an area of critical need. pursuant to section one, article four of this chapter The advisory board shall make decisions regarding loan assistance pursuant to section one, article four of this chapter.

            (c) In accordance with the rule promulgated pursuant to section one, article four of this chapter, the Vice Chancellor for Administration shall develop additional eligibility criteria and procedures for the administration of the loan program.

            (d) The Vice Chancellor for Administration shall make available program application forms to public and private schools in the state via the website of the commission and the State Department of Education’s websites Education and in other locations convenient to potential applicants.

§18C-4A-2. Loan assistance agreement.

            (a) Before receiving an award, each eligible teacher shall enter into an agreement with the Vice Chancellor for Administration and shall meet the following criteria:

            (1) Provide the commission with evidence of compliance with subsection (b), section four, article four of this chapter;

            (2) Teach in a subject area of critical need or in a school or geographic area of critical need full time under contract with a county board for a period of two school years for each year for which loan assistance is received pursuant to this article. The Vice Chancellor for Administration may grant a partial award to an eligible recipient whose contract term is for less than a full school year pursuant to criteria established by commission rule.

            (3) Acknowledge that an award is to be paid to the recipient’s educational student loan institution, not directly to the recipient, and only after the commission determines that the recipient has complied with all terms of the agreement; and

            (4) Repay all or part of an award received pursuant to this article if the award is not paid to the educational student loan institution or if the recipient does not comply with the other terms of the agreement.

            (b) Each loan agreement shall disclose fully the terms and conditions under which an award may be granted pursuant to this article and under which repayment may be required. The agreement also is subject to and shall include the terms and conditions established by section five, article four of this chapter.

§18C-4A-3. Amount and duration of loan assistance; limits.

            (a) Each award recipient is eligible to receive loan assistance of up to $2,000 $3,000 annually, subject to limits set forth in subsection (b) of this section:

            (1) If the recipient has taught math or science for a full school year under contract with a county board in a subject area of critical need or in a school or geographic area of critical need; and

            (2) If the recipient otherwise has complied with the terms of the agreement and with applicable provisions of this article and article four of this chapter, and any rules promulgated pursuant thereto.

            (b) The recipient is eligible for renewal of loan assistance only during the periods when the recipient is under contract with a county board to teach in a subject area of critical need or in a school or geographic area of critical need and complies with other criteria and conditions established by rule, except that a teacher who is teaching under a contract in a position that no longer meets the definition of critical need under rules established in accordance with section one, article four of this chapter is eligible for renewal of loan assistance until the teacher leaves his or her current position.

            (c) No A recipient may not receive loan assistance pursuant to this article which accumulates in excess of $15,000.”

            The bill was then ordered to engrossment and third reading.

            H. B. 2664, Creating “Andrea and Willy’s Law”; increasing certain penalties for driving under the influence of alcohol, controlled substances or drugs; on second reading, coming up in regular order, was read a second time.

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

“ARTICLE 5. SERIOUS TRAFFIC OFFENSES

§17C-5-2. Driving under influence of alcohol, controlled substances or drugs; penalties.

            (a) Any person who:

            (1) Drives a vehicle in this state while he or she:

            (A) Is under the influence of alcohol;

            (B) Is under the influence of any controlled substance;

            (C) Is under the influence of any other drug;

            (D) Is under the combined influence of alcohol and any controlled substance or any other drug; or

            (E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight; and

            (2) While driving does any act forbidden by law or fails to perform any duty imposed by law in the driving of the vehicle, which act or failure proximately causes the death of any person within one year next following the act or failure; and

            (3) Commits the act or failure in reckless disregard of the safety of others and when the influence of alcohol, controlled substances or drugs is shown to be a contributing cause to the death, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than two years nor more than ten years and shall be fined not less than $1,000 nor more than $3,000.

            (b) Any person who:

            (1) Drives a vehicle in this state while he or she:

            (A) Is under the influence of alcohol;

            (B) Is under the influence of any controlled substance;

            (C) Is under the influence of any other drug;

            (D) Is under the combined influence of alcohol and any controlled substance or any other drug;

            (E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight; and

            (2) While driving does any act forbidden by law or fails to perform any duty imposed by law in the driving of the vehicle, which act or failure proximately causes the death of any person within one year next following the act or failure, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than ninety days nor more than one year and shall be fined not less than $500 nor more than $1,000.

            (c) Any person who:

            (1) Drives a vehicle in this state while he or she:

            (A) Is under the influence of alcohol;

            (B) Is under the influence of any controlled substance;

            (C) Is under the influence of any other drug;

            (D) Is under the combined influence of alcohol and any controlled substance or any other drug; or

            (E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight; and

            (2) While driving does any act forbidden by law or fails to perform any duty imposed by law in the driving of the vehicle, which act or failure proximately causes bodily injury to any person other than himself or herself, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than one day nor more than one year, which jail term is to include actual confinement of not less than twenty-four hours, and shall be fined not less than $200 nor more than $1,000.

            (d) Any person who:

            (1) Drives a vehicle in this state while he or she:

            (A) Is under the influence of alcohol;

            (B) Is under the influence of any controlled substance;

            (C) Is under the influence of any other drug;

            (D) Is under the combined influence of alcohol and any controlled substance or any other drug; or

            (E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight, but less than fifteen hundredths of one percent, by weight;

            (2) Is guilty of a misdemeanor and, upon conviction thereof, except as provided in section two-b of this article, shall be confined in jail for up to six months and shall be fined not less than $100 nor more than $500. A person sentenced pursuant to this subdivision shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.

            (e) Any person who drives a vehicle in this state while he or she has an alcohol concentration in his or her blood of fifteen hundredths of one percent or more, by weight, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than two days nor more than six months, which jail term is to include actual confinement of not less than twenty-four hours, and shall be fined not less than $200 nor more than $1,000. A person sentenced pursuant to this subdivision shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.

            (f) Any person who, being an habitual user of narcotic drugs or amphetamine or any derivative thereof, drives a vehicle in this state is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than one day nor more than six months, which jail term is to include actual confinement of not less than twenty-four hours, and shall be fined not less than $100 nor more than $500. A person sentenced pursuant to this subdivision shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.

            (g) Any person who:

            (1) Knowingly permits his or her vehicle to be driven in this state by any other person who:

            (A) Is under the influence of alcohol;

            (B) Is under the influence of any controlled substance;

            (C) Is under the influence of any other drug;

            (D) Is under the combined influence of alcohol and any controlled substance or any other drug;

            (E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight;

            (2) Is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than six months and shall be fined not less than $100 nor more than $500.

            (h) Any person who knowingly permits his or her vehicle to be driven in this state by any other person who is an habitual user of narcotic drugs or amphetamine or any derivative thereof is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than six months and shall be fined not less than $100 nor more than $500.

            (i) Any person under the age of twenty-one years who drives a vehicle in this state while he or she has an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, for a first offense under this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $25 nor more than $100. For a second or subsequent offense under this subsection, the person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for twenty-four hours and shall be fined not less than $100 nor more than $500. A person who is charged with a first offense under the provisions of this subsection may move for a continuance of the proceedings, from time to time, to allow the person to participate in the Motor Vehicle Alcohol Test and Lock Program as provided in section three-a, article five-a of this chapter. Upon successful completion of the program, the court shall dismiss the charge against the person and expunge the person's record as it relates to the alleged offense. In the event the person fails to successfully complete the program, the court shall proceed to an adjudication of the alleged offense. A motion for a continuance under this subsection may not be construed as an admission or be used as evidence.

            A person arrested and charged with an offense under the provisions of this subsection or subsection (a), (b), (c), (d), (e), (f), (g) or (h) of this section may not also be charged with an offense under this subsection arising out of the same transaction or occurrence.

            (j) Any person who:

            (1) Drives a vehicle in this state while he or she:

            (A) Is under the influence of alcohol;

            (B) Is under the influence of any controlled substance;

            (C) Is under the influence of any other drug;

            (D) Is under the combined influence of alcohol and any controlled substance or any other drug; or

            (E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight; and

            (2) The person while driving has on or within the motor vehicle one or more other persons who are unemancipated minors who have not reached their sixteenth birthday is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than two days nor more than twelve months, which jail term is to include actual confinement of not less than forty-eight hours and shall be fined not less than $200 nor more than $1,000.

            (k) A person violating any provision of subsection (b), (c), (d), (e), (f), (g) or (i) of this section, for the second offense under this section, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than six months nor more than one year and the court may, in its discretion, impose a fine of not less than $1,000 nor more than $3,000.

            (l) A person violating any provision of subsection (b), (c), (d), (e), (f), (g) or (i) of this section, for the third or any subsequent offense under this section, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than three years and the court may, in its discretion, impose a fine of not less than $3,000 nor more than $5,000.

            (m) For purposes of subsections (k) and (l) of this section relating to second, third and subsequent offenses, the following events shall be regarded as offenses under this section:

            (1) Any conviction under the provisions of subsection (a), (b), (c), (d), (e), (f) or (g) of this section or under a prior enactment of this section for an offense which occurred within the ten-year period immediately preceding the date of arrest in the current proceeding;

            (2) Any conviction under a municipal ordinance of this state or any other state or a statute of the United States or of any other state of an offense which has the same elements as an offense described in subsection (a), (b), (c), (d), (e), (f), (g) or (h) of this section, which offense occurred within the ten-year period immediately preceding the date of arrest in the current proceeding; and,

            (3) Any period of conditional probation imposed pursuant section two-b of this article for violation of subsection (d) of this article, which violation occurred within the ten-year period immediately preceding the date of arrest in the current proceeding.

            (n) A person may be charged in a warrant or indictment or

information for a second or subsequent offense under this section if the person has been previously arrested for or charged with a violation of this section which is alleged to have occurred within the applicable time period for prior offenses, notwithstanding the fact that there has not been a final adjudication of the charges for the alleged previous offense. In that case, the warrant or indictment or information must set forth the date, location and particulars of the previous offense or offenses. No person may be convicted of a second or subsequent offense under this section unless the conviction for the previous offense has become final, or the person has previously had a period of conditional probation imposed pursuant to section two-b of this article.

            (o) The fact that any person charged with a violation of subsection (a), (b), (c), (d), (e) or (f) of this section, or any person permitted to drive as described under subsection (g) or (h) of this section, is or has been legally entitled to use alcohol, a controlled substance or a drug does not constitute a defense against any charge of violating subsection (a), (b), (c), (d), (e), (f), (g) or (h) of this section.

            (p) For purposes of this section, the term “controlled substance” has the meaning ascribed to it in chapter sixty-a of this code.

            (q) The sentences provided in this section upon conviction for a violation of this article are mandatory and are not subject to suspension or probation: Provided, That the court may apply the provisions of article eleven-a, chapter sixty-two of this code to a person sentenced or committed to a term of one year or less for a first offense under this section: Provided further, That the court may impose a term of conditional probation pursuant to section two-b of this article to persons adjudicated thereunder. An order for home detention by the court pursuant to the provisions of article eleven-b of said chapter may be used as an alternative sentence to any period of incarceration required by this section for a first or subsequent offense: Provided, however, That for any period of home incarceration ordered for a person convicted of second offense under this section, electronic monitoring shall be required for no fewer than five days of the total period of home confinement ordered and the offender may not leave home for those five days notwithstanding the provisions of section five, article eleven-b, chapter sixty-two of this code: Provided further, That for any period of home incarceration ordered for a person convicted of a third or subsequent violation of this section, electronic monitoring shall be included for no fewer than ten days of the total period of home confinement ordered and the offender may not leave home for those ten days notwithstanding section five, article eleven-b, chapter sixty-two of this code.

ARTICLE 5. SERIOUS TRAFFIC OFFENSES

§17C-5-2. Driving under the influence of alcohol, controlled substances or drugs; penalties.

            (a) Legislative findings and intent-

            (1) Despite aggressive public campaigns and warnings of the dangers of driving under the influence of alcohol or drugs, the continued rise in impaired driving in this state possess a threat to the public utilizing the roads in this state.

            (2) Given the public safety concerns, there is a compelling state interest to require appropriate legislative action and penalties to stem this continuing threat.

            (3) In recognition and continued memory of the lives and families that have been so tragically affected by impaired driving in this state, this section shall hereafter be known as ‘Andrea and Willy’s Law’.

            (b) Definitions-

            (1) ‘Impaired State’ means a person:

            (A) Is under the influence of alcohol;

            (B) Is under the influence of any controlled substance;

            (C) Is under the influence of any other drug;

            (D) Is under the combined influence of alcohol and any controlled substance or any other drug; or

            (E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight.

            (2) ‘Bodily Injury’ means injury that causes substantial physical pain, illness or any impairment of physical condition,

            (3) ‘Serious Bodily Injury’ means bodily injury which creates a substantial risk of death, which causes serious or prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ

            (c) Any person who drives a vehicle in this state while he or she is in an impaired state and proximately causes the death of any person is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than three nor more than fifteen years and shall be fined not less than $5,000 nor more than $20,000: Provided, That any death charged under this subsection must occur within one year of the offense and be proximately caused by the driver’s impaired state.

            (d) Any person who drives a vehicle in this state while he or she is in an impaired state and proximately causes serious bodily injury to any person other than himself or herself, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than two nor more than ten years and shall be fined not less than $2,000 nor more than $15,000.

            (e) Any person who drives a vehicle in this state while he or she is in an impaired state and proximately causes a bodily injury to any person other than himself or herself, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than one year, or fined not less than $1,000 nor more than $5,000, or both.

            (f) Any person who drives a vehicle in this state while he or she is in an impaired state, but less than fifteen hundredths of one percent by weight, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than two days nor more than six months and shall be fined not less than $200 nor more than $1,000: Provided, That such jail term shall include actual confinement of not less than twenty-four hours: Provided, however, That a person sentenced pursuant to this subsection shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.

            (g) Any person who drives a vehicle in this state while he or she has an alcohol concentration in his or her blood of fifteen hundredths of one percent or more, by weight, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than three months nor more than nine months, and shall be fined not less than $1,000 nor more than $5,000: Provided, That such jail term shall include actual confinement of not less than forty-eight hours: Provided, however, That a person sentenced pursuant to this subsection shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.

            (h) Any person who drives a vehicle in this state while he or she is in an impaired state and has within the vehicle one or more other persons who are unemancipated minors who have not yet reached their sixteenth birthday is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than six months nor more than a year, and shall be fined not less than $1,000 nor more than $5,000: Provided, That such jail term shall include actual confinement of not less than forty-eight hours: Provided, however, That a person sentenced pursuant to this subdivision shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.

            (i) Any person who knowingly permits his or her vehicle to be driven in this state by any other person in an impaired state is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than two days nor more than six months and shall be fined not less than $200 nor more than $1,000.

            (j) Offenses by persons under the age of twenty-one- (1) Any person under the age of twenty-one years who drives a vehicle in this state while he or she has an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than two days nor more than six months and shall be fined not less than $200 nor more than $1,000: Provided, That such jail term shall include actual confinement of not less than twenty-four hours: Provided, however, That a person sentenced pursuant to this subsection shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.

            (2) For a second or subsequent offense under this subsection, the person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than six months nor more than a year, and shall be fined not less than $1,000 nor more than $2,500: Provided, That such jail term shall include actual confinement of not less than forty-eight hours: Provided, however, That a person sentenced pursuant to this subdivision shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.

            (3) A person who is charged with a first offense under the provisions of this subsection may move for a continuance of the proceedings, from time to time, to allow the person to participate in the Motor Vehicle Alcohol Test and Lock Program as provided in section three-a, article five-a of this chapter. Upon successful completion of the program, the court shall dismiss the charge against the person and expunge the person's record as it relates to the alleged offense. In the event the person fails to successfully complete the program, the court shall proceed to an adjudication of the alleged offense. A motion for a continuance under this subsection may not be construed as an admission or be used as evidence.

            (4) A person arrested and charged with an offense under subsection (a), (b), (c), (d), (e), (f), (g) or (h) of this section may not also be charged with an offense under this subsection arising out of the same transaction or occurrence.

            (k) Subsequent Offenses- (1) Any person violating any provision of subsection (e), (f), (g), (h) or (i) of this section, for the second offense under this section, is guilty of a misdemeanor and, upon conviction thereof, and shall be confined in jail for not more than one year, and shall be fined not less than $2,500 nor more than $5,000.

            (2) A person violating any provision of subsection (e), (f), (g), (h) or (i) of this section, for the third or any subsequent offense under this section, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than two nor more than five years and the court may, in its discretion, impose a fine of not less than $5,000 nor more than $10,000.

            (3) For purposes of this subsection relating to second, third and subsequent offenses, the following events shall be regarded as offenses under this section:

            (i) Any conviction under the provisions of subsection (c), (d), (e), (f),(g) or (h) of this section or under a prior enactment of this section for an offense which occurred within the ten-year period immediately preceding the date of arrest in the current proceeding;

            (ii) Any conviction under a municipal ordinance of this state or any other state or a statute of the United States or of any other state of an offense which relates to the operation of a vehicle while under the influence of alcohol or a controlled substance, and which offense occurred within the ten-year period immediately preceding the date of arrest in the current proceeding; and,

            (iii) Any period of conditional probation imposed pursuant section two-b of this article for violation of subsection (f) of this article, which violation occurred within the ten-year period immediately preceding the date of arrest in the current proceeding.

            (l) A person may be charged in a warrant or indictment or information for a second or subsequent offense under this section if the person has been previously arrested for or charged with a violation of this section which is alleged to have occurred within the applicable time period for prior offenses, notwithstanding the fact that there has not been a final adjudication of the charges for the alleged previous offense. In that case, the warrant or indictment or information must set forth the date, location and particulars of the previous offense or offenses. No person may be convicted of a second or subsequent offense under this section unless the conviction for the previous offense has become final, or the person has previously had a period of conditional probation imposed pursuant to section two-b of this article.

            (m) The fact that any person charged with a violation of subsection (a), (b), (c), (d), (e), (f), (g), (h) or (i) of this section, or any person permitted to drive as described under subsection (j) of this section, is or has been legally entitled to use alcohol, a controlled substance or a drug does not constitute a defense against any charge of violating subsection (a), (b), (c), (d), (e), (f), (g), (h), (i) or (j) of this section.

            (n) For purposes of this section, the term “controlled substance” has the meaning ascribed to it in chapter sixty-a of this code.

            (o) The sentences provided in this section upon conviction for a violation of this article are mandatory and are not subject to suspension or probation: Provided, That the court may apply the provisions of article eleven-a, chapter sixty-two of this code to a person sentenced or committed to a term of one year or less for a first offense under this section: Provided, however, That the court may impose a term of conditional probation pursuant to section two-b of this article to persons adjudicated thereunder. An order for home detention by the court pursuant to the provisions of article eleven-b of said chapter may be used as an alternative sentence to any period of incarceration required by this section for a first or subsequent offense: Provided, further, That for any period of home incarceration ordered for a person convicted of second offense under this section, electronic monitoring shall be required for no fewer than five days of the total period of home confinement ordered and the offender may not leave home for those five days notwithstanding the provisions of section five, article eleven-b, chapter sixty-two of this code: And provided further, That for any period of home incarceration ordered for a person convicted of a third or subsequent violation of this section, electronic monitoring shall be included for no fewer than ten days of the total period of home confinement ordered and the offender may not leave home for those ten days notwithstanding section five, article eleven-b, chapter sixty-two of this code.”

            The bill was then ordered to engrossment and third reading.

            H. B. 2712, Relating to employment and privacy protection; on second reading, coming up in regular order, was read a second time.

            On motion of Delegates Skinner and Foster, the bill was amended on page four, section three, line thirty-one, following the words “by the employer”, by striking out the comma and inserting in lieu thereof, the word “or”.

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 2717, Relating to hiring of public school employees; on second reading, coming up in regular order, was read a second time.

            On motion of Delegates Espinosa, Duke, Statler and Cooper, the bill was amended on page thirty-eight, section §18A-4-7a, line 267, by striking out the word “ten” and inserting in lieu thereof the words “five”.

            And

            On page thirty-eight, section §18A-4-7a, line 281, by striking out the words “ten-day” and inserting in lieu thereof the words “five-day”.

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 2756, Authorizing appointees or employees of the Alcohol Beverage Control Commissioner to carry concealed handguns; 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. 2795, 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; 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. 2796, Providing paid leave for certain state officers and employees during a declared state of emergency; 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. 2805, Transferring to an adult correctional facility any juvenile whose sentence runs beyond his or her eighteenth birthday; 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. 2810, Implementing the West Virginia Property Rescue Initiative to reduce the number of properties posing a threat to public health and safety; 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. 2828, Modifying the requirements that allow a child witness to testify by closed circuit television; 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. 2867, Requiring recommendations for higher education course credit transfer; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 2892, Authorizing certain legislative rules regarding higher education; 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. 2902, West Virginia ABLE Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 2926, Relating to deferral charges in connection with a consumer credit sale or consumer loan; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 2931, Adding drugs to the classification of schedule I drugs; on second reading, coming up in regular order, was read a second time.

            Delegates Reynolds, Pushkin and Eldridge moved to amend the bill on page one, following the enacting clause, by inserting a new enacting section and new article, all to read as follows:

            “That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §16-8A-1, §16-8A-2, §16-8A-3, §16-8A-4, §16-8A-5, §16-8A-6, §16-8A-7, §16-8A-8, §16-8A-9, §16-8A-10, §16-8A-11, §16-8A-12, §16-8A-13, §16-8A-14, §16-8A-15, §16-8A-16, §16-8A-17, §16-8A-18, §16-8A-19, §16-8A-20, §16-8A-21, §16-8A-22, §16-8A-23 and that §16-8A-24 of said code be amended and reenacted, all to read as follows:

“CHAPTER 16. PUBLIC HEALTH.

ARTICLE 8A. THE COMPASSIONATE USE ACT FOR MEDICAL CANNABIS.

§16-8A-1. Findings.

            (a) Marihuana’s recorded use as a medicine goes back nearly five thousand years. Modern medical research has confirmed the beneficial uses for marihuana in treating or alleviating the pain, nausea and other symptoms associated with a variety of debilitating medical conditions, including cancer, multiple sclerosis and HIV/AIDS, as found by the National Academy of Sciences' Institute of Medicine in March 1999.

            (b) Studies, published since the 1999 Institute of Medicine report, have continued to show the therapeutic value of marihuana in treating a wide array of debilitating medical conditions. These include relief of the neuropathic pain caused by multiple sclerosis, HIV/AIDS and other illnesses and injuries that often fails to respond to conventional treatments and relief of nausea, vomiting and other side effects of drugs used to treat HIV/AIDS and hepatitis C, increasing the chances of patients continuing on life-saving treatment regimens.

            (c) Marihuana has many currently accepted medical uses in the United States, having been recommended by thousands of licensed physicians to more than one million patients in states with medical marihuana laws. Marihuana's medical utility has been recognized by a wide range of medical and public health organizations, including the American Academy of HIV Medicine, the American College of Physicians, the American Nurses Association, the American Public Health Association, the Leukemia & Lymphoma Society and many others.

            (d) Data from the Federal Bureau of Investigation's Uniform Crime Reports and the Compendium of Federal Justice Statistics show that approximately ninety-nine out of every one hundred marihuana arrests in the United States are made under state law, rather than under federal law. Consequently, changing state law will have the practical effect of protecting from arrest the vast majority of seriously ill patients who have a medical need to use marihuana.

            (e) Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Michigan, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Vermont, Rhode Island, Washington state and the District of Columbia have removed state-level criminal penalties from the medical use and cultivation of marihuana. West Virginia joins in this effort for the health and welfare of its citizens.

            (f) States are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law. Therefore, compliance with this article does not put the State of West Virginia in violation of federal law.

            (g) State law should make a distinction between the medical and nonmedical uses of marihuana. Hence, the purpose of this article is to protect patients with debilitating medical conditions, as well as their practitioners and providers, from arrest and prosecution, criminal and other penalties and property forfeiture, if the patients engage in the medical use of marihuana.

§16-8A-2. Definitions.

            For purposes of this article, unless the context otherwise requires:

            (a) ‘Bona fide practitioner-patient relationship’ means:

            (1) A practitioner and patient have a treatment or consulting relationship, during the course of which the physician has completed a full assessment of the patient's medical history and current medical condition, including an appropriate personal physical examination;

            (2) The practitioner has consulted with the patient with respect to the patient's debilitating medical condition; and

            (3) The physician is available to or offers to provide follow-up care and treatment to the patient, including, but not limited to, patient examinations.

            (b) ‘Cardholder’ means a qualifying patient or a designated caregiver who has been issued and possesses a valid registry identification card.

            (c) ‘Compassion center agent’ means a principal officer, board member, employee or agent of a registered compassion center who is twenty-one years of age or older and has not been convicted of a disqualifying felony offense.

            (d) ‘Debilitating medical condition’ means:

            (1) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, Parkinson's disease, post-traumatic stress disorder, depression, anxiety, addiction to opiates or amphetamines or the treatment of these conditions;

            (2) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: Cachexia or wasting syndrome; severe or chronic pain; severe nausea; seizures; or severe and persistent muscle spasms, including, but not limited to, those characteristic of multiple sclerosis; or

            (3) Any other medical condition or its treatment added by the department, as provided in section six of this article.

            (e) ‘Department’ means the West Virginia Department of Health and Human Resources or its successor agency.

            (f) ‘Designated caregiver’ means a person who:

            (1) Is at least twenty-one years of age;

            (2) Has agreed to assist with a patient's medical use of marihuana;

            (3) Has not been convicted of a disqualifying felony offense; and

            (4) Assists no more than five qualifying patients with their medical use of marihuana.

            (g) ‘Disqualifying felony offense’ means:

            (1) A violent crime that was classified as a felony in the jurisdiction where the person was convicted; or

            (2) A violation of a state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted, not including:

            (A) An offense for which the sentence, including any term of probation, incarceration or supervised release was completed ten or more years earlier; or

            (B) An offense that consisted of conduct for which this article would likely have prevented a conviction, but the conduct either occurred prior to the enactment of this article or was prosecuted by an authority other than the State of West Virginia.

            (h) ‘Enclosed, locked facility’ means a closet, room, greenhouse, building or other enclosed area that is equipped with locks or other security devices that permit access only by the cardholder allowed to cultivate the plants or, in the case of a registered compassion center, the compassion center agents working for the registered compassion center. Two or more registered qualifying patients or registered designated caregivers who reside in the same dwelling and have a registry identification card that removes state penalties for marihuana cultivation may share one enclosed, locked facility for cultivation.

            (i) ‘Marihuana’ has the meaning given that term in section 101, article one, chapter sixty-a of this code.

            (j) ‘Mature marihuana plant’ means a marihuana plant with one or more of the following characteristics:

            (1) The plant has flowers;

            (2) The plant is twelve or more inches in height; or

            (3) The plant is twelve inches or greater in diameter.

            (k) ‘Medical use’ includes the acquisition, administration, cultivation or manufacture in an enclosed, locked facility, delivery, possession, transfer, transportation or use of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition. It does not include cultivation by a visiting qualifying patient or cultivation by a registered designated caregiver or registered qualifying patient who is not designated as being allowed to cultivate.

            (l) ‘Practitioner’ means a person who is licensed with authority to prescribe drugs to humans under the provisions of section one-b, article five, chapter thirty of this code, except as otherwise provided in this subsection. If the qualifying patient's debilitating medical condition is post-traumatic stress disorder, the practitioner must be a licensed psychiatrist. In relation to a visiting qualifying patient, ‘practitioner’ means a person who is licensed with authority to prescribe drugs to humans in the state of the patient's residence.

            (m) ‘Qualifying patient’ means a person who has been diagnosed by a practitioner as having a debilitating medical condition.

            (n) ‘Registered compassion center’ means a not-for-profit entity registered pursuant to section fourteen of this article that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies or dispenses marihuana, paraphernalia or related supplies and educational materials to registered qualifying patients.

            (o) ‘Registry identification card’ means a document issued by the department that identifies a person as a registered qualifying patient or registered designated caregiver.

            (p) ‘Registered safety compliance facility’ means an entity registered under section fifteen by the department to provide one or more of the following services:

            (1) Testing marihuana produced for medical use, including for potency and contaminants; and

            (2) Training cardholders and compassion center agents. The training may include, but need not be limited to, information related to one or more of the following:

            (A) The safe and efficient cultivation, harvesting, packaging, labeling and distribution of marihuana;

            (B) Security and inventory accountability procedures; and

            (C) Up-to-date scientific and medical research findings related to medical marihuana.

            (q) ‘Safety compliance facility agent’ means a principal officer, board member, employee or agent of a registered safety compliance facility who is twenty-one years of age or older and has not been convicted of a disqualifying felony offense.

            (r) ‘Seedling’ means a marihuana plant that has no flowers, is less than twelve inches in height and is less than twelve inches in diameter.

            (s) ‘Usable marihuana’ means the flowers of the marihuana plant and any mixture or preparation thereof, but does not include the seeds, stalks and roots of the plant. It does not include the weight of any nonmarihuana ingredients combined with marihuana, including ingredients added to prepare a topical administration, food or drink.

            (t) ‘Verification system’ means a phone or Web-based system established and maintained by the department that is available to law-enforcement personnel and compassion center agents on a twenty-four-hour basis for verification of registry identification cards.

            (u) ‘Visiting qualifying patient’ means a person who:

            (1) Has been diagnosed with a debilitating medical condition;

            (2) Possesses a valid registry identification card, or its equivalent, that was issued pursuant to the laws of another state, district, territory, commonwealth, insular possession of the United States or country recognized by the United States that allows the person to use marihuana for medical purposes in the jurisdiction of issuance; and

            (3) Is not a resident of West Virginia or who has been a resident of West Virginia for less than thirty days.

            (v) ‘Written certification’ means a document dated and signed by a practitioner, stating that in the practitioner's professional opinion the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's debilitating medical condition or symptoms associated with the debilitating medical condition. A written certification shall affirm that it is made in the course of a bona fide practitioner-patient relationship and shall specify the qualifying patient's debilitating medical condition.

§16-8A-3. Protections for the medical use of cannabis.

            (a) A registered qualifying patient is not subject to arrest, prosecution or denial of any right or privilege including, but not limited to, civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for the medical use of marihuana pursuant to this article, if the registered qualifying patient does not possess more than:

            (1) Six ounces of usable marihuana; and

            (2) Twelve mature marihuana plants and twelve seedlings, if the qualifying patient has not specified that a designated caregiver will be allowed under state law to cultivate marihuana for the qualifying patient.

            (b) A registered designated caregiver is not subject to arrest, prosecution or denial of any right or privilege including, but not limited to, civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau:

            (1) For assisting a registered qualifying patient to whom he or she is connected through the department's registration process with the medical use of marihuana if the designated caregiver does not possess more than:

            (A) Six ounces of usable marihuana for each qualifying patient to whom the registered caregiver is connected through the department's registration process; and

            (B) Twelve mature marihuana plants and twelve seedlings for each registered qualifying patient who has specified that the designated caregiver will be allowed under state law to cultivate marihuana for the qualifying patient.

            (2) For receiving compensation for costs associated with assisting a registered qualifying patient's medical use of marihuana if the registered designated caregiver is connected to the registered qualifying patient through the department's registration process.

            (c) All mature marihuana plants and seedlings possessed pursuant to this section must be kept in an enclosed, locked facility, unless they are being transported to a permissible location, including because the cardholder is moving, the registered qualifying patient has changed his or her designation of who can cultivate or the plants are being given to someone allowed to possess them pursuant to this article.

            (d) A visiting qualifying patient is not subject to arrest, prosecution or denial of any right or privilege including, but not limited to, civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for the medical use of marihuana pursuant to this article if the visiting qualifying patient does not possess more than six ounces of usable marihuana.

            (e) A registered qualifying patient, visiting qualifying patient or registered designated caregiver is not subject to arrest, prosecution or denial of any right or privilege including, but not limited to, civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau for:

            (1) Possession of marihuana that is incidental to medical use, but is not mature marihuana plants, seedlings or usable marihuana as defined in this article;

            (2) Selling, transferring, or delivering marihuana seeds produced by the registered qualifying patient, visiting qualifying patient or registered designated caregiver to a registered compassion center;

            (3) Transferring marihuana to a registered safety compliance facility for testing; or

            (4) Giving marihuana to a registered qualifying patient, a registered compassion center or a registered designated caregiver for a registered qualifying patient's medical use where nothing of value is transferred in return or for offering to do this, if the person giving the marihuana does not knowingly cause the recipient to possess more marihuana than is permitted by this section.

            (f) (1) There is a presumption that a qualifying patient is engaged in, or a designated caregiver is assisting with, the medical use of marihuana in accordance with this article if the qualifying patient or designated caregiver:

            (A) Is in possession of a valid registry identification card or, in the case of a visiting qualifying patient, its equivalent; and

            (B) Is in possession of an amount of marihuana that does not exceed the amount allowed under the provisions of this section.

            (2) The presumption may be rebutted by evidence that conduct related to marihuana was not for the purpose of treating or alleviating the qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition in compliance with this article.

            (g) A practitioner is not subject to arrest, prosecution or penalty in any manner or denied any right or privilege including, but not limited to, civil penalty or disciplinary action by the West Virginia Board of Medicine or by any other occupational or professional licensing board or bureau, solely for providing written certifications or for otherwise stating that, in the practitioner's professional opinion, a patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms associated with the serious or debilitating medical condition: Provided, That nothing in this article prevents a practitioner from being sanctioned for:

            (1) Issuing a written certification to a patient with whom the practitioner does not have a bona fide practitioner-patient relationship, or

            (2) Failing to properly evaluate a patient's medical condition or otherwise violating the standard of care.

            (h) A person is not subject to arrest, prosecution or denial of any right or privilege including, but not limited to, civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for:

            (1) Selling marihuana paraphernalia to a cardholder upon presentation of a registry identification card in the recipient's name that has not expired or to a compassion center agent or registered safety compliance facility agent upon presentation of an unexpired copy of the entity's registration certificate;

            (2) Being in the presence or vicinity of the medical use of marihuana as allowed under this article; or

            (3) Assisting a registered qualifying patient with using or administering marihuana. For purposes of illustration and not limitation, this includes preparing a vaporizer for a registered qualifying patient's use or brewing tea for a registered qualifying patient. It does not include providing marihuana to a patient that the patient did not already possess.

            (i) A registered compassion center is not subject to prosecution under state or municipal law, search or inspection, except by the department pursuant to subsection (o) of this section, seizure or penalty in any manner or be denied any right or privilege including, but not limited to, civil penalty or disciplinary action by a court or business licensing board or entity, for acting pursuant to this article and department regulations to: Sell marihuana seeds to similar entities that are registered to dispense marihuana for medical use in other jurisdictions, acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, sell or dispense marihuana or related supplies and educational materials to registered qualifying patients and visiting qualifying patients who have designated the compassion center to provide for them, to registered designated caregivers on behalf of the registered qualifying patients who have designated the registered compassion center or to other registered compassion centers.

            (j) A registered compassion center agent is not subject to prosecution, search or penalty in any manner or be denied any right or privilege including, but not limited to, civil penalty or disciplinary action by a court or business licensing board or entity, for working for a registered compassion center pursuant to this article and department rules to acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, sell or dispense marihuana or related supplies and educational materials to registered qualifying patients who have designated the registered compassion center to provide for them, to registered designated caregivers on behalf of the registered qualifying patients who have designated the registered compassion center, or to other registered compassion centers.

            (k) A registered safety compliance facility and registered safety compliance facility agents acting on behalf of a registered safety compliance facility are not subject to prosecution, search, except by the department pursuant to subsection (o) of this section, seizure or penalty in any manner or be denied any right or privilege including, but not limited to, civil penalty or disciplinary action by a court or business licensing board or entity, solely for acting in accordance with this article and department regulations to provide the following services:

            (1) Acquiring or possessing marihuana obtained from registered cardholders or registered compassion centers;

            (2) Returning the marihuana to registered cardholders or registered compassion centers;

            (3) Transporting marihuana that was produced by registered cardholders and registered compassion centers to or from those registered cardholders and registered compassion centers;

            (4) The production or sale of educational materials related to medical marihuana;

            (5) The production, sale or transportation of equipment or materials other than marihuana to registered compassion centers or cardholders, including lab equipment and packaging materials, that are used by registered compassion centers and cardholders;

            (6) Testing of medical marihuana samples, including for potency, pesticides, mold and contamination;

            (7) Providing training to cardholders and prospective compassion center agents, provided that only cardholders may be allowed to possess or cultivate marihuana and any possession or cultivation of marihuana must occur on the location registered with the department; and

            (8) Receiving compensation for actions allowed under this section.

            (l) Any marihuana, marihuana paraphernalia, licit property or interest in licit property that is possessed, owned or used in connection with the medical use of marihuana as allowed under this article, or acts incidental to such use, may not be seized or forfeited. This article does not prevent the seizure or forfeiture of marihuana exceeding the amounts allowed under this article, nor does it prevent seizure or forfeiture if the basis for the action is unrelated to the marihuana that is possessed, manufactured, transferred, or used pursuant to this article.

            (m) Mere possession of, or application for, a registry identification card or registration certificate does not constitute probable cause or reasonable suspicion, nor may it be used to support the search of the person, property or home of the person possessing or applying for the registry identification card. The possession of, or application for, a registry identification card does not preclude the existence of probable cause if probable cause exists on other grounds.

            (n) For the purposes of West Virginia state law, the medical use of marihuana by a cardholder or registered compassion center shall be considered lawful as long as it is in accordance with this article.

            (o) A law-enforcement officer may not be employed by an agency which receives state or local government funds nor may expend any state or local resources, including the officer's time, to effect any arrest or seizure of marihuana, or conduct any investigation, on the sole basis of activity the officer believes to constitute a violation of the federal Controlled Substances Act if the officer has reason to believe that such activity is in compliance with state medical marihuana laws, nor may any such officer expend any state or local resources, including the officer's time, to provide any information or logistical support related to such activity to any federal law-enforcement authority or prosecuting entity.

            (p) An attorney is not subject to disciplinary action by the State Bar Association or other professional licensing association for providing legal assistance to prospective or registered compassion centers, prospective or registered safety compliance facilities or others related to activity that is no longer subject to criminal penalties under state law pursuant to this article.

§16-8A-4. Limitations.

            (a) This article does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, the following conduct:

            (1) Undertaking any task under the influence of marihuana, when doing so would constitute negligence or professional malpractice;

            (2) Possessing marihuana, or otherwise engaging in the medical use of marihuana:

            (A) In a school bus;

            (B) On the grounds of any preschool or primary or secondary school; or

            (C) In any correctional facility.

            (3) Smoking marihuana:

            (A) On any form of public transportation; or

            (B) In any public place.

            (4) Operating, navigating or being in actual physical control of any motor vehicle, aircraft or motorboat while under the influence of marihuana, except that a registered qualifying patient or visiting qualifying patient may not be considered to be under the influence of marihuana solely because of the presence of metabolites or components of marihuana that appear in insufficient concentration to cause impairment.

            (5) Using marihuana, if that person does not have a serious or debilitating medical condition.

§16-8A-5. Discrimination prohibited.

            (a) Except as provided in this article, a registered qualifying patient who uses marihuana for medical purposes shall be afforded all the same rights under state and local law, including those guaranteed under the provisions of article eleven, chapter five of this code relating to human rights, as the individual would have been afforded if he or she were solely prescribed pharmaceutical medications, as it pertains to:

            (1) Any interaction with a person's employer;

            (2) Drug testing by one's employer; or

            (3) Drug testing required by any state or local law, agency, or government official.

            (b) (1) The rights provided by this section do not apply to the extent that they conflict with an employer's obligations under federal law or regulations or to the extent that they would disqualify an employer from a monetary or licensing-related benefit under federal law or regulations.

            (2) An employer is not required to allow the ingestion of marihuana in any workplace or to allow any employee to work while under the influence of marihuana. A registered qualifying patient may not be considered to be under the influence of marihuana solely because of the presence of metabolites or components of marihuana that appear in insufficient concentration to cause impairment.

            (c) A school or landlord may not refuse to enroll or lease to, or otherwise penalize, a person solely for his or her status as a registered qualifying patient or a registered designated caregiver, unless failing to do so would violate federal law or regulations or cause the school or landlord to lose a monetary or licensing-related benefit under federal law or regulations.

            (d) For the purposes of medical care, including organ transplants, a registered qualifying patient's authorized use of marihuana in accordance with this article is the equivalent of the authorized use of any other medication used at the direction of a physician, and does not constitute the use of an illicit substance or otherwise disqualify a qualifying patient from needed medical care.

            (e) A person otherwise entitled to custody of or visitation or parenting time with a minor may not be denied such a right and there is no presumption of neglect or child endangerment for conduct allowed under this article unless the person's actions in relation to marihuana were such that they created an unreasonable danger to the safety of the minor as established by clear and convincing evidence.

            (f) A school, landlord or employer may not be penalized or denied any benefit under state law for enrolling, leasing to or employing a cardholder.

§16-8A-6. Addition of debilitating medical conditions.

            Any citizen may petition the department to add conditions or treatments to the list of debilitating medical conditions listed in section two-d of this article. The department shall consider petitions in the manner required by department rule, including public notice and hearing. The department shall approve or deny a petition within one hundred eighty days of its submission. The approval or denial of any petition is a final decision of the department subject to judicial review. Jurisdiction and venue are vested in the circuit court.

§16-8A-7. Acts not required; acts not prohibited.

            (a) Nothing in this article requires:

            (1) A government medical assistance program or private insurer to reimburse a person for costs associated with the medical use of marihuana, or

            (2) Any person or establishment in lawful possession of property to allow a guest, client, customer or other visitor to smoke marihuana on or in that property.

            (b) Nothing in this article prohibits an employer from disciplining an employee for ingesting marihuana in the workplace or working while under the influence of marihuana.

§16-8A-8. Registration of qualifying patients and designated caregivers.

            (a) The department shall issue registry identification cards to qualifying patients who submit the following, in accordance with the department's rules:

            (1) A written certification issued by a practitioner within ninety days immediately preceding the date of an application;

            (2) If the patient is not a visiting qualifying patient, documentation required by department rules to reasonably establish proof of residency in West Virginia;

            (3) If the patient is a visiting qualifying patient, a copy of his or her registry identification card or its equivalent that was issued pursuant to the laws of the jurisdiction of the person's residence;

            (4) The application or renewal fee;

            (5) The name, address and date of birth of the qualifying patient, except that if the applicant is homeless no address is required;

            (6) The name, address and telephone number of the qualifying patient's practitioner;

            (7) The name, address and date of birth of the designated caregiver, if any, chosen by the qualifying patient, except that a visiting qualifying patient may not have a designated caregiver;

            (8) The name of the registered compassion center the qualifying patient designates, if any;

            (9) If the qualifying patient designates a designated caregiver, a designation as to whether the qualifying patient or designated caregiver will be allowed under state law to possess and cultivate marihuana plants for the qualifying patient's medical use;

            (10) A statement signed by the qualifying patient, pledging not to divert marihuana to anyone who is not allowed to possess marihuana pursuant to this article; and

            (11) A signed statement from the designated caregiver, if any, agreeing to be designated as the patient's designated caregiver and pledging not to divert marihuana to anyone who is not allowed to possess marihuana pursuant to this article.

            (b) The application for qualifying patients' registry identification cards shall ask whether the patient would like the department to notify him or her of any clinical studies needing human subjects for research on the medical use of marihuana. The department shall notify interested patients if it is notified of studies that will be conducted in the United States.

§16-8A-9. Issuance of registry identification cards.

            (a) Except as provided in subsection (b) of this section, the department shall:

            (1) Verify the information contained in an application or renewal submitted pursuant to this article, and approve or deny an application or renewal, within fifteen days of receiving a completed application or renewal application;

            (2) Issue registry identification cards to a qualifying patient and his or her designated caregiver, if any, within five days of approving the application or renewal. A designated caregiver must have a registry identification card for each of his or her qualifying patients; and

            (3) Enter the registry identification number of the registered compassion center the patient designates into the verification system.

            (b) The department may not issue a registry identification card to a qualifying patient who is younger than eighteen years of age unless:

            (1) The qualifying patient's practitioner has explained the potential risks and benefits of the medical use of marihuana to the custodial parent or legal guardian with responsibility for health care decisions for the qualifying patient; and

            (2) The custodial parent or legal guardian with responsibility for health care decisions for the qualifying patient consents in writing to:

            (A) Allow the qualifying patient's medical use of marihuana;

            (B) Serve as the qualifying patient's designated caregiver; and

            (C) Control the acquisition of the marihuana, the dosage and the frequency of the medical use of marihuana by the qualifying patient.

§16-8A-10. Denial of registry identification cards.

            (a) The department may deny an application or renewal of a qualifying patient's registry identification card only if the applicant:

            (1) Did not provide the required information or materials;

            (2) Previously had a registry identification card revoked; or

            (3) Provided false or falsified information.

            (b) The department may deny an application or renewal for a designated caregiver chosen by a qualifying patient whose registry identification card was granted only if:

            (1) The designated caregiver does not meet the requirements of subsection (f) of section two of this article;

            (2) The applicant did not provide the information required;

            (3) The designated caregiver previously had a registry identification card revoked; or

            (4) The applicant or the designated caregiver provides false or falsified information.

            (c) The department may conduct a background check of the prospective designated caregiver in order to carry out this provision.

            (d) The department shall notify the qualifying patient who has designated someone to serve as his or her designated caregiver if a registry identification card will not be issued to the designated caregiver.

            (e) Denial of an application or renewal is considered a final department action, subject to judicial review. Jurisdiction and venue for judicial review are vested in the circuit court.

§16-8A-11. Registry identification cards.

            (a) Registry identification cards shall contain all of the following:

            (1) The name of the cardholder;

            (2) A designation of whether the cardholder is a designated caregiver or qualifying patient;

            (3) The date of issuance and expiration date of the registry identification card;

            (4) A random 10-digit alphanumeric identification number, containing at least four numbers and at least four letters, that is unique to the cardholder;

            (5) If the cardholder is a designated caregiver, the random 10-digit alphanumeric identification number of the qualifying patient the designated caregiver is receiving the registry identification card to assist;

            (6) A clear designation as to whether the cardholder will be allowed under state law to possess the marihuana plants for the qualifying patient's medical use, which shall be determined based solely on the qualifying patient's preference;

            (7) A photograph of the cardholder, if the department's regulations require one; and

            (8) The phone number or Web address for the verification system.

            (b) (1) Except as provided in this subsection, the expiration date shall be one year after the date of issuance.

            (2) If the practitioner stated in the written certification that the qualifying patient would benefit from marihuana until a specified earlier date, then the registry identification card shall expire on that date.

            (c) The department may electronically store in the card all of the information listed in subsection (a), along with the address and date of birth of the cardholder, to allow it to be read by law-enforcement agents.

§16-8A-12. Notifications to department and responses; Civil penalty.

            (a) The following notifications and department responses are required:

            (1) A registered qualifying patient shall notify the department of any change in his or her name or address, or if the registered qualifying patient ceases to have his or her debilitating medical condition, within ten days of the change.

            (2) A registered designated caregiver shall notify the department of any change in his or her name or address, or if the designated caregiver becomes aware the qualifying patient passed away, within ten days of the change.

            (3) Before a registered qualifying patient changes his or her designated caregiver, the qualifying patient must notify the department.

            (4) When a registered qualifying patient changes his or her preference as to who may cultivate marihuana for the qualifying patient, the qualifying patient must notify the department.

            (5) If a cardholder loses his or her registry identification card, he or she shall notify the department within ten days of becoming aware the card has been lost.

            (b) When a cardholder notifies the department of items listed in subsection (a), but remains eligible under this article, the department shall issue the cardholder a new registry identification card with a new random 10-digit alphanumeric identification number within ten days of receiving the updated information and a $20 fee. If the person notifying the department is a registered qualifying patient, the department shall also issue his or her registered designated caregiver a new registry identification card within ten days of receiving the updated information.

            (c) If a registered qualifying patient ceases to be a registered qualifying patient or changes his or her registered designated caregiver, the department shall promptly notify the designated caregiver. The registered designated caregiver's protections under this article as to that qualifying patient shall expire fifteen days after notification by the department.

            (d) A cardholder who fails to make a notification to the department that is required by this section is subject to a civil infraction punishable by a penalty of no more than $150.

            (e) A registered qualifying patient shall notify the department before changing his or her designated registered compassion center and pay a $20 fee. The department shall, within five business days of receiving the notification, update the registered qualifying patient's entry in the identification registry system to reflect the change in designation and notify the patient that the change has been processed.

            (f) If the registered qualifying patient's certifying practitioner notifies the department in writing that either the registered qualifying patient has ceased to suffer from a debilitating medical condition or that the practitioner no longer believes the patient would receive therapeutic or palliative benefit from the medical use of marihuana, the card becomes void. However, the registered qualifying patient has fifteen days to dispose of or give away his or her marihuana.

§16-8A-13. Affirmative defense and dismissal for medical marihuana.

            (a) Except as provided in section four of this article and this section, an individual may assert a medical purpose for using marihuana as a defense to any prosecution of an offense involving marihuana intended for the patient's medical use and this defense shall be presumed valid and the prosecution shall be dismissed where the evidence shows that:

            (1) A practitioner states that, in the practitioner's professional opinion, after having completed a full assessment of the individual's medical history and current medical condition made in the course of a bona fide practitioner-patient relationship, the patient is likely to receive therapeutic or palliative benefit from marihuana;

            (2) To treat or alleviate the individual's serious or debilitating medical condition or symptoms associated with the individual's serious or debilitating medical condition; or

            (b) To treat any other illness for which marihuana provides relief that, in the practitioner's professional opinion the potential benefits of the medical use of marihuana would likely outweigh the health risks for the qualifying patient and would likely be superior to treatment without the medical use of marihuana; and

            (1) The individual and the individual's designated caregiver were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the individual's serious or debilitating medical condition or symptoms associated with the individual's serious or debilitating medical condition or other illness for which marihuana was providing relief; and

            (2) The individual was engaged in the acquisition, possession, cultivation, manufacture, use or transportation of marihuana, paraphernalia, or both marihuana and paraphernalia, relating to the administration of marihuana to treat or alleviate the individual's serious or debilitating medical condition or symptoms associated with the individual's serious or debilitating medical condition or other illness for which marihuana was providing relief; and

            (3) Any cultivation of marihuana occurred in an enclosed, locked area that only the person asserting the defense could access.

            (c) The defense and motion to dismiss may not prevail if either of the following are proven:

            (1) The individual had a registry identification card revoked for misconduct; or

            (2) The purposes for the possession or cultivation of marihuana were not solely for palliative or therapeutic use by the individual with a serious or debilitating medical condition who raised the defense.

            (d) An individual is not required to possess a registry identification card to raise the affirmative defense set forth in this section.

            (e) If an individual demonstrates the individual's medical purpose for using marihuana pursuant to this section, except as provided in section four of this article, the individual is not subject to the following for the individual's use of marihuana for medical purposes:

            (1) Disciplinary action by an occupational or professional licensing board or bureau; or

            (2) Forfeiture of any interest in or right to nonmarihuana, licit property.

§16-8A-14. Registration of compassion centers.

            (a) Compassion centers may only operate if they have been issued a valid registration certificate from the department. When applying for a compassion center registration certificate, the applicant shall submit the following in accordance with department rules:

            (1) A nonrefundable application fee in an amount determined by the department's rules, not to exceed $4,000.

            (2) The proposed legal name of the compassion center.

            (3) The proposed physical address of the compassion center and the proposed physical address of any additional locations where marihuana will be cultivated, harvested, packaged, labeled or otherwise prepared for distribution by the compassion center.

            (4) The name, address and date of birth of each principal officer and board member of the compassion center. All such individuals shall be at least twenty-one years of age.

            (5) Any instances in which a business or not-for-profit that any of the prospective board members managed or served on the board of was convicted, fined, censured or had a registration or license suspended or revoked in any administrative or judicial proceeding.

            (6) Any information required by the department to evaluate the applicant pursuant to the competitive bidding process described in subsection (b) of this section.

            (b) The department shall evaluate applications for compassion center registration certificates using an impartial and numerically scored competitive bidding process developed by the department in accordance with this article. The registration considerations consist of the following criteria:

            (1) The suitability of the proposed location or locations, including compliance with any local zoning laws and the geographic convenience to patients from throughout the State of West Virginia to compassion centers if the applicant were approved.

            (2) The principal officer and board members' character and relevant experience, including any training or professional licensing related to medicine, pharmaceuticals, natural treatments, botany or marihuana cultivation and preparation and their experience running businesses or not-for-profits.

            (3) The proposed compassion center's plan for operations and services, including its staffing and training plans, whether it has sufficient capital to operate and its ability to provide an adequate supply of medical marihuana to the registered patients in the state.

            (4) The sufficiency of the applicant's plans for record keeping.

            (5) The sufficiency of the applicant's plans for safety, security and the prevention of diversion, including proposed locations and security devices employed.

            (6) The applicant's plan for making medical marihuana available on an affordable basis to registered qualifying patients enrolled in Medicaid or receiving Supplemental Security Income or Social Security Disability Insurance.

            (7) The applicant's plan for safe and accurate packaging and labeling of medical marihuana, including the applicant's plan for ensuring that all medical marihuana is free of contaminants.

            (c) No later than one year after the effective date of this article, provided that at least five applications have been submitted, the department shall issue compassion center registration certificates to the five highest-scoring applicants, except that the department may divide the state into geographical areas and grant a registration to the highest scoring applicant in each geographical area.

            (d) No later than two years after the effective date of this article, the department shall issue registration certifications to at least one compassion center registration certificate for each two hundred thousand residents of the state of the highest scoring applicants not already awarded a registration certificate: Provided, That a sufficient number of additional applications have been submitted. The need to ensure an adequate geographic distribution may supersede the requirement that the approved applicants be granted registration certificates based solely on which applicants receive the highest scores. If the department determines, after reviewing the report issued pursuant to section twenty-two of this article, that additional compassion centers are needed to meet the needs of registered qualifying patients throughout the state, the department shall issue registration certificates to the corresponding number of applicants who score the highest.

            (e) (1) At any time after two years after the effective date of this article the number of outstanding and valid registered compassion center certificates is lower than the number of registration certificates the department is required to issue pursuant to subsections (c) and (d) of this section, the department shall accept applications for compassion centers and issue registration certificates to the corresponding number of additional applicants who score the highest or that score the highest in given geographic areas.

            (2) Notwithstanding the provisions of subsections (c), (d) and (e) of this section, an application for a compassion center registration certificate must be denied if any of the following conditions are met:

            (A) The applicant failed to submit the materials required by this section, including if the applicant's plans do not satisfy the security, oversight or record keeping rules issued by the department;

            (B) The applicant would not be in compliance with local zoning regulations issued in accordance with the provisions of section seventeen of this article;

            (C) The applicant does not meet the requirements of section twenty;

            (D) One or more of the prospective principal officers or board members has been convicted of a disqualifying felony offense;

            (E) One or more of the prospective principal officers or board members has served as a principal officer or board member for a registered compassion center that has had its registration certificate revoked; and

            (F) One or more of the principal officers or board members is younger than twenty-one years of age.

            (f) After a compassion center is approved, but before it begins operations, it shall submit a registration fee to the department in the amount determined by the department's rules and, if a physical address had not been finalized when it applied, it shall submit a complete listing of all its physical addresses.

            (g) The department shall issue each compassion center one copy of its registration certificate for each compassion center location. Registration certificates must include the compassion center's identification number. The department shall also provide each registered compassion center with the contact information for the verification system.

            (h) Sales tax and special fund. – State sales tax at the rate imposed under article fifteen, chapter eleven of this code shall be imposed on all sales of marihuana in this state. However, all revenue collected pursuant to this sales tax is to be deposited into the ‘Drug and Abuse Prevention Fund’ which is hereby created. This fund is to be held by the State Treasurer. The Commissioner of the Bureau for Public Health may distribute proceeds from this fund for drug prevention and substance abuse programs in schools including, but not limited to, after school programs, sports and extracurricular educational opportunities; to offer community grants for substance abuse treatment facilities; and to offer grants for community improvement projects including, but not limited to, playgrounds, public parks and local farmers' markets.

§16-8A-15. Registration and certification of safety compliance facilities.

            (a) Safety compliance facilities may only operate if they have been issued a valid registration certificate from the department. When applying for a safety compliance facility registration certificate, the applicant shall submit the following in accordance with department rules:

            (1) A nonrefundable application fee in an amount determined by the department's rules, not to exceed $4,000;

            (2) The proposed legal name of the safety compliance facility;

            (3) The proposed physical address of the safety compliance facility;

            (4) The name, address and date of birth of each principal officer and board member of the safety compliance facility. All such individuals shall be at least twenty-one years of age;

            (5) Any instances in which a business or not-for-profit that any of the prospective board members managed or served on the board of was convicted, fined, censured or had a registration or license suspended or revoked in any administrative or judicial proceeding; and

            (6) Any information required by the department to evaluate the applicant pursuant to the competitive bidding process described in subsection (b) of this section.

            (b) The department shall evaluate applications for safety compliance facility registration certificates using an impartial and numerically scored competitive bidding process developed by the department in accordance with this article. The registration considerations shall consist of the following criteria:

            (1) The proposed principal officers' and board members' relevant experience, including any training or professional licensing related to analytical testing, medicine, pharmaceuticals, natural treatments, botany or marihuana cultivation, preparation and testing and their experience running businesses or not-for-profits;

            (2) The suitability of the proposed location, including compliance with any local zoning laws and the geographic convenience to cardholders and registered compassion centers from throughout the State of West Virginia to registered safety compliance facilities if the applicant were approved;

            (3) The sufficiency of the applicant's plans for safety, security and the prevention of diversion, including proposed locations and security devices employed; and

            (4) The proposed safety compliance facility's plan for operations and services, including its staffing and training plans, and whether it has sufficient capital to operate.

            (c) The department shall issue at least one safety compliance facility registration certificate to the highest scoring applicant within one year of the effective date of this article.

            (d) (1) The department may issue additional safety compliance facility registration certificates to the highest scoring applicant or applicants or to the highest applicant or applicants in a given geographic area. If the department determines, after reviewing the report issued pursuant to section twenty-two of this article, that additional safety compliance facilities are needed to meet the needs of cardholders and registered compassion centers throughout the state, the department shall issue registration certificates to the corresponding number of applicants who score the highest overall or in a geographic area.

            (2) Notwithstanding the provisions of subsections (c) and (d) of this section, an application for a safety compliance facility registration certificate must be denied if any of the following conditions are met:

            (A) The applicant failed to submit the materials required by this section, including if the plans do not satisfy the security, oversight, or record keeping rules issued by the department;

            (B) The applicant would not be in compliance with local zoning regulations issued in accordance with the provisions of section seventeen of this article;

            (C) The applicant does not meet the requirements of section nineteen of this article;

            (D) One or more of the prospective principal officers or board members has been convicted of a disqualifying felony offense;

            (E) One or more of the prospective principal officers or board members has served as a principal officer or board member for a registered safety compliance facility or registered compassion center that has had its registration certificate revoked; and

            (F) One or more of the principal officers or board members is younger than twenty-one years of age.

            (e) After a safety compliance facility is approved, but before it begins operations, it shall submit a registration fee paid to the department in the amount determined by department rule and, if a physical address had not been finalized when it applied, its physical address.

            (f) The department shall issue each safety compliance facility a registration certificate, which must include an identification number for the safety compliance facility. The department shall also provide the registered safety compliance facility with the contact information for the verification system.

§16-8A-16. Compassion center and safety compliance facilities suspension and revocation.

            (a) The department may on its own motion or on complaint, after investigation and opportunity for a public hearing at which the compassion center or safety compliance facility has been afforded an opportunity to be heard, suspend or revoke a registration certificate for multiple or serious violations by the registrant or any of its agents of this article or any rules promulgated pursuant to it.

            (b) The department shall provide notice of suspension, revocation, fine or other sanction, as well as the required notice of the hearing, by mailing the same in writing to the registration at the address on the registration certificate. A suspension may not be for a longer period than six months.

            (c) A registered compassion center may continue to cultivate and possess marihuana plants during a suspension, but it may not dispense, transfer or sell marihuana.

§16-8A-17. Local ordinances.

            Local governments are not prohibited from enacting ordinances or regulations not in conflict with this article or with department rule regulating the time, place and manner of registered compassion center operations and registered safety compliance facilities: Provided, That a local government may not prohibit registered compassion center operation altogether, either expressly or though the enactment of ordinances, rules or regulations which make registered compassion center and registered safety compliance facility operation unreasonably impracticable in the jurisdiction.

§16-8A-18. Compassion center and safety compliance facility agents.

            (a) Registered compassion centers and registered safety compliance facilities shall conduct a background check into the criminal history of every person seeking to become a principal officer, board member, agent, volunteer or employee before the person begins working at the registered compassion centers or registered safety compliance facility. A registered compassion center may not employ any person who:

            (1) Was convicted of a disqualifying felony offense; or

            (2) Is under twenty-one years of age.

            (b) A registered compassion center or safety compliance facility agent must have documentation when transporting marihuana on behalf of the registered safety compliance facility or registered compassion center that specifies the amount of marihuana being transported, the date the marihuana is being transported, the registry ID certificate number of the registered compassion center or registered safety compliance facility and a contact number to verify that the marihuana is being transported on behalf of the registered compassion center or registered safety compliance facility.

§16-8A-19. Requirements, prohibitions, penalties.

            (a) A registered compassion center shall be operated on a not-for-profit basis. The bylaws of a registered compassion center shall contain such provisions relative to the disposition of revenues to establish and maintain its not-for-profit character. A registered compassion center need not be recognized as tax-exempt by the Internal Revenue Service and is not required to incorporate pursuant to the provisions of chapter thirty-one-e of this code.

            (b) The operating documents of a registered compassion center shall include procedures for the oversight of the registered compassion center and procedures to ensure accurate record keeping.

            (c) A registered compassion center and a registered safety compliance facility shall implement appropriate security measures to deter and prevent the theft of marihuana and unauthorized entrance into areas containing marihuana.

            (d) A registered compassion center and a registered safety compliance facility may not be located within one thousand feet of the property line of a preexisting public or private school.

            (e) A registered compassion center is prohibited from acquiring, possessing, cultivating, manufacturing, delivering, transferring, transporting, supplying or dispensing marihuana for the purposes of distributing marihuana to any person except registered qualifying patients directly or through their designated caregivers.

            (f) All cultivation of marihuana for registered compassion centers must take place in an enclosed, locked location at the physical address or addresses provided to the department during the registration process, which can only be accessed by compassion center agents working on behalf of the registered compassion center.

            (g) A registered compassion center may not acquire usable marihuana or mature marihuana plants from any person other than another registered compassion center, a registered qualifying patient or a registered designated caregiver. A registered compassion center is only allowed to acquire usable marihuana or mature marihuana plants from a registered qualifying patient or a registered designated caregiver if the registered qualifying patient or registered designated caregiver receives no compensation for the marihuana.

            (h) Before marihuana may be dispensed to a designated caregiver or a registered qualifying patient, a registered compassion center agent must make a diligent effort to verify each of the following:

            (1) That the registry identification card presented to the registered compassion center is valid, including by checking the verification system if it is operational;

            (2) That the person presenting the card is the person identified on the registry identification card presented to the registered compassion center agent, including by examining government-issued photo identification; and

            (3) That the registered compassion center the compassion center agent is working for is the designated compassion center for the registered qualifying patient who is obtaining the marihuana directly or via his or her designated caregiver.

            (i) A registered compassion center may not dispense more than three ounces of marihuana to a registered qualifying patient, directly or via a designated caregiver, in any fourteen-day period. Registered compassion centers shall ensure compliance with this limitation by maintaining internal, confidential records that include records specifying how much marihuana is being dispensed to the registered qualifying patient and whether it was dispensed directly to the registered qualifying patient or to the designated caregiver. Each entry must include the date and time the marihuana was dispensed.

            (j) A registered compassion center or registered compassion center agent may only dispense marihuana to a visiting qualifying patient if he or she possesses a valid West Virginia registry identification card and if the procedures in subsections (h) and (i) are followed.

            (k) A person may not advertise medical marihuana sales in printed materials, on radio or television or by paid in-person solicitation of customers. This does not prevent appropriate signs on the property of the registered compassion center, listings in business directories including phone books, listings in marihuana-related or medical publications or the sponsorship of health or not-for-profit charity or advocacy events.

            (l) A registered compassion center may not share office space with nor refer patients to a practitioner.

            (m) A practitioner may not refer patients to a registered compassion center or registered designated caregiver, advertise in a registered compassion center or, if the practitioner issues written certifications, hold any financial interest in a registered compassion center.

            (n) Any person who has been convicted of a disqualifying felony offense may not be a registered compassion center agent.

            (o) Registered compassion centers and registered safety compliance facilities must display their registration certificates on the premises at all times.

            (p) The department may issue a civil fine of up to $3,000 for violations of this section.

            (q) The suspension or revocation of a certificate is a final department action, subject to judicial review. Jurisdiction and venue for judicial review are vested in the circuit court.

            (r) Any cardholder who sells marihuana to a person who is not allowed to possess marihuana for medical purposes under this article shall have his or her registry identification card revoked and is subject to other penalties for the unauthorized sale of marihuana.

            (s) The department may revoke the registry identification card of any cardholder who knowingly commits multiple or serious violations of this article.

            (t) Registered compassion centers are subject to reasonable inspection by the department. The department shall give a reasonable notice of an inspection under this paragraph.

§16-8A-20. Confidentiality.

            (a) The following information received and records kept by department rules for purposes of administering this article are confidential and exempt from the West Virginia Freedom of Information Act, and not subject to disclosure to any individual or public or private entity, except as necessary for authorized employees of the department to perform official duties pursuant to this article:

            (1) Applications and renewals, their contents and supporting information submitted by qualifying patients and designated caregivers, including information regarding their designated care givers and practitioners.

            (2) Applications and renewals, their contents and supporting information submitted by or on behalf of compassion centers and safety compliance facilities in compliance with this article, including their physical addressees.

            (3) The individual names and other information identifying persons to whom the department has issued registry identification cards.

            (4) Any dispensing information required to be kept under the provisions of section nineteen of this article or department rule shall identify cardholders and registered compassion centers by their registry identification numbers and may not contain names or other personal identifying information.

            (5) Any department hard drives or other data-recording media that are no longer in use and that contain cardholder information must be destroyed.

            (6) Data subject to this section may not be combined or linked in any manner with any other list or database and it may not be used for any purpose not provided in this article.

            (b) Nothing in this section precludes the following:

            (1) Department employees may notify state or local law enforcement about falsified or fraudulent information submitted to the department or of other apparently criminal violations of this article if the employee who suspects that falsified or fraudulent information has been submitted conferred with his or her supervisor and both agree that circumstances exist that warrant reporting.

            (2) Department employees may notify the West Virginia Board of Medicine if the department has reasonable suspicion to believe a practitioner did not have a bona fide practitioner-patient relationship with a patient for whom he or she signed a written certification, if the department has reasonable suspicion to believe the practitioner violated the standard of care, or for other suspected violations of this article by a practitioner.

            (3) Compassion center agents may notify the department of a suspected violation or attempted violation of this article or the rules issued pursuant to it.

            (4) The department may verify registry identification cards pursuant to section twenty-one of this article.

            (5) The submission of the report to the Legislature required by the provisions of section twenty-two of this article.

            (c) Any person, including an employee or official of the department or another state agency or local government, who breaches the confidentiality of information obtained pursuant to this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined $1,000 or confined in jail up to one hundred eighty days, or both fined and confined.

§16-8A-21. Registry identification and registration certificate verification.

            (a) The department shall maintain a confidential list of the persons to whom the department has issued registry identification cards and their addresses, phone numbers and registry identification numbers. This confidential list may not be combined or linked in any manner with any other list or database, nor may it be used for any purpose not provided in this article.

            (b) Within one hundred twenty days of the effective date of this article, the department shall establish a verification system. The verification system must allow law-enforcement personnel, compassion center agents and safety compliance facility agents to enter a registry identification number to determine whether or not the number corresponds with a current, valid registry identification card. The system shall only disclose whether the identification card is valid; whether the cardholder is a registered qualifying patient or a registered designated caregiver; whether the cardholder is permitted to cultivate under this act; and the registry identification number of the registered compassion center designated to serve the registered qualifying patient who holds the card or the registry identification number of the patient who is assisted by the registered designated caregiver who holds the card.

            (c) The department shall, at a cardholder's request, confirm his or her status as a registered qualifying patient or registered designated caregiver to a third party, such as a landlord, employer, school, medical professional or court.

            (d) The department shall disclose the fact that a registry identification card was revoked to a prosecutor or court personnel in any case where the prosecutor or court personnel inquires about a specific person who is seeking to assert the protections of the provisions of section thirteen of this article. The prosecutor or court personnel must provide the department with the person's name and date of birth.

§16-8A-22. Annual reports.

            (a) (1) The Legislature shall appoint a nine-member oversight committee comprised of: One member of the House of Delegates; one representative of the department; one member of the Senate; one physician with experience in medical marihuana issues; one nurse; one board member or principal officer of a registered safety compliance facility; one individual with experience in policy development or implementation in the field of medical marihuana; and three registered patients.

            (2) The oversight committee shall meet at least two times a year for the purpose of evaluating and making recommendations to the Legislature and the Department of Health and Human Resources regarding:

            (A) The ability of qualifying patients in all areas of the state to obtain timely access to high-quality medical marihuana.

            (B) The effectiveness of the registered compassion centers, individually and together, in serving the needs of qualifying patients, including the provision of educational and support services, the reasonableness of their fees, whether they are generating any complaints or security problems, and the sufficiency of the number operating to serve the registered qualifying patients of West Virginia.

            (C) The effectiveness of the registered safety compliance facility or facilities, including whether a sufficient number are operating.

            (D) The sufficiency of the regulatory and security safeguards contained in this article and adopted by the department to ensure that access to and use of marihuana cultivated is provided only to cardholders.

            (E) Any recommended additions or revisions to the department rules or this article, including relating to security, safe handling, labeling and nomenclature.

            (F) Any research studies regarding health effects of medical marihuana for patients.

            (b) The department shall submit to the Legislature an annual report that does not disclose any identifying information about cardholders, registered compassion centers or practitioners, but does contain, at a minimum, all of the following information:

            (1) The number of applications and renewals filed for registry identification cards;

            (2) The number of registered qualifying patients who are residents of West Virginia at the time of the report;

            (3) The number of registry identification cards that were issued to visiting qualifying patients at the time of the report;

            (4) The nature of the debilitating medical conditions of the qualifying patients;

            (5) The number of registry identification cards revoked for misconduct;

            (6) The number of practitioners providing written certifications for qualifying patients; and

            (7) The number of registered compassion centers.

§16-8A-23. Department to issue rules.

            (a) Not later than one hundred twenty days after the effective date of this article, the department shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, which rules shall include :

            (1) Governing the manner in which the department shall consider petitions from the public to add debilitating medical conditions or treatments to the list of debilitating medical conditions set forth in section two-d of this article, including public notice of and an opportunity to comment in public hearings on the petitions;

            (2) Establishing the form and content of registration and renewal applications submitted under this article;

            (3) Governing the manner in which it shall consider applications for and renewals of registry identification cards, which may include creating a standardized written certification form; and

            (4) Governing the following matters related to registered compassion centers, with the goal of protecting against diversion and theft, without imposing an undue burden on the registered compassion centers or compromising the confidentiality of cardholders:

            (A) Oversight requirements for registered compassion centers;

            (B) Record keeping requirements for registered compassion centers;

            (C) Security requirements for registered compassion centers, which shall include, at a minimum, lighting, video security, alarm requirements, on-site parking and measures to prevent loitering;

            (D) Electrical safety requirements;

            (E) The competitive scoring process addressed in section fourteen of this article;

            (F) Procedures for suspending or terminating the registration certificates or registry identification cards of cardholders, registered compassion centers and registered safety compliance facilities that commit multiple or serious violations of the provisions of this article or the rules promulgated pursuant to this section; and

            (G) Labeling requirements for marihuana and marihuana products sold by compassion centers.

            (5) Application and renewal fees for registry identification cards, and application and registration fees for compassion center and safety compliance facility certificates, according to the following:

            (A) The total fees collected must generate revenues sufficient to offset all expenses of implementing and administering this article, except that fee revenue may be offset or supplemented by private donations: Provided, That any excess revenue from fees and private donations shall be distributed according to paragraph (D) of this subdivision;

            (B) The department may establish a sliding scale of patient application and renewal fees based upon a qualifying patient's household income;

            (C) The department may accept donations from private sources to reduce application and renewal fees; and

            (D) Excess revenue from fees and private donations collected pursuant to this article, if any, shall be distributed as follows:

            (i) Thirty percent shall be deposited into the Veterans Nursing Home Building Fund created in section nine-a, article twenty-two, chapter twenty-nine of this code; and

            (ii) The remainder of the excess revenue shall be deposited into the Drug and Abuse Prevention Fund created in section fourteen of this article.

§16-8A-24. Enforcement of this article.

            (a) If the department fails to promulgate rules to implement this article within the times provided in this article, any citizen may commence an action in circuit court to compel the department to perform the actions mandated pursuant to the provisions of this article.

            (b) If the department fails to issue a valid registry identification card in response to a valid application or renewal submitted pursuant to this article within twenty days of its submission, the registry identification card shall be considered granted, and a copy of the registry identification application or renewal and proof of receipt of the mailing shall be deemed a valid registry identification card.

            (c) If at any time after the one hundred forty days following the effective date of this article the department has not established a process for accepting and approving or denying applications, a notarized statement by a qualifying patient containing the information required in an application pursuant to section eight of this article, together with a written certification issued by a practitioner within ninety days immediately preceding the notarized statement, shall be considered a valid registry identification card for all purposes under this article.”

            And,

            On page eleven, section two hundred two, line one hundred eight-eight, following “(32)”, by inserting “Unless authorized by a prescription issued by a medical practitioner, pursuant to article eight-a, chapter sixteen of this code” and a comma.

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

            To the point of order the Speaker replied, stating that the fundamental purpose of the bill was to expand the State’s Schedule I drug list, and that the amendment creates a new section regarding how drugs are used, and was not germane to the fundamental purpose of the bill.

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 2939, Relating to requirements for mandatory reporting of sexual offenses on school premises involving students; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Shott, the bill was amended on page thirteen, section eight hundred three, line fifty-two by striking out the word “student” and the comma.

            And,

            On page thirteen, section eight hundred three, line sixty-five, by striking out the period and replacing it with a colon followed by the following:

            “Provided, however, That any teacher or other school personnel shall not be in violation of this section if he or she makes known immediately to the principal or county superintendent a disclosure from a credible witness or personal observation of conduct described in this section: Provided further, That a principal or county superintendent made aware of such disclosure or observation from a teacher or other school personnel shall be responsible for immediately reporting such conduct to law enforcement.”

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 2968, Exempting from property tax certain properties in this state owned by nonprofit youth organizations; 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 restricted right to amend jointly by Delegates Ashley and Perry, and the rule was suspended to permit the consideration of the amendments on that reading.

            At 8:33 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 9:15 p.m.

Reordering of the Calendar

            Delegate Cowles announced that the Committee on Rules had transferred H. B. 3016, on second reading, Special Calendar, to the House Calendar, and Com. Sub. for H. B. 2688, on second reading House Calendar to the Special Calendar.

            H. B. 3019, Requiring official business and records of the state and its political subdivisions be conducted in English; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, section thirteen, line two immediately following the word “safety”, by striking out the words “during a declared or apparent emergency”.

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 2688, Providing for the unitization of interests in drilling units in connection with all horizontal oil or gas wells; on second reading, coming up in regular order, was read a second time.

Speaker Pro Tempore Anderson in the Chair

            Mr. Speaker, Mr. Armstead, arose from his seat and requested to be excused from voting on the passage of Com. Sub. for H. B. 2688 under the provisions of House Rule 49.

            The Speaker Pro Tempore replied that Mr. Armstead 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 him from voting.

Mr. Speaker, Mr. Armstead, in the Chair

            Delegate Howell requested to be excused from voting on the passage of Com. Sub. for H. B. 2688 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.

            Delegate Cowles asked unanimous consent that the bill be advanced to third reading with amendments pending, which consent was not given, objection being heard.

            Delegate Cowles then so moved.

            On this question, the yeas and nays were taken (Roll No. 325), and there were--yeas 54, nays 41, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Bates, Boggs, Butler, Byrd, Campbell, Caputo, Eldridge, Faircloth, Fleischauer, Fluharty, Folk, Guthrie, Hamilton, Hicks, Hill, Hornbuckle, Ihle, Lane, Longstreth, Lynch, Manchin, Marcum, McGeehan, Miley, Moffatt, Moore, Moye, J. Nelson, Perdue, Perry, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, Trecost, Wagner, H. White and Williams.

            Absent And Not Voting: Deem, Ferro, Hanshaw, Morgan and L. Phillips.

            So, two thirds of the members present and voting not having voted in the affirmative, the motion was rejected.

            An amendment to the bill, recommended by Delegate Fast, was reported by the Clerk.

            Whereupon,

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

            Delegates Manchin and Trecost moved to amend the bill on page forty-seven, section seven-a, line five hundred ten, by striking out the period, and inserting a semi-colon and the following proviso:

            “Provided, That such consideration shall not be less than the 80^th percentile of leases measured in terms of favorability to the lessor during the preceding 3 years for tracts lying within a two mile radius of the subject property.”

 

            Delegate Ireland moved the previous question, which demand was sustained.

            On the adoption of the motion, the yeas and nays were demanded, which demand was sustained.

            On this question, the yeas and nays were taken (Roll No. 326), and there were--yeas 43, nays 52, absent and not voting 5, with the yeas and absent and not voting being as follows:

            Yeas: Speaker Armstead, Ambler, Anderson, Arvon, Ashley, Blair, Border, Butler, Cadle, Canterbury, Cooper, Ellington, Espinosa, A. Evans, D. Evans, Foster, Gearheart, Hamrick, Hartman, Householder, Ireland, Kelly, Kessinger, McCuskey, Miller, O’Neal, Pasdon, R. Phillips, Romine, Rowan, Shott, R. Smith, Sobonya, Stansbury, Statler, Storch, Summers, Upson, Walters, Waxman, Weld, Westfall and Zatezalo.

            Absent And Not Voting: Deem, Ferro, Hanshaw, Morgan and L. Phillips.

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

            On the adoption of 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. 327), and there were--yeas 42, nays 54, absent and not voting 4, with the yeas and absent and not voting being as follows:

            Yeas: Bates, Boggs, Butler, Byrd, Canterbury, Caputo, Eldridge, Faircloth, Fast, Ferro, Fleischauer, Fluharty, Folk, Frich, Guthrie, Hamilton, Hicks, Hill, Hornbuckle, Ihle, Kurcaba, Lane, Longstreth, Lynch, Manchin, McGeehan, Miley, Moore, Moye, J. Nelson, Perdue, Pushkin, Reynolds, Rodighiero, Rohrbach, Rowe, Skinner, P. Smith, Sponaugle, Trecost, H. White and Williams.

            Absent And Not Voting: Deem, Hanshaw, Morgan and L. Phillips.

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

            Delegates Manchin and Fluharty moved to amend the bill on page one, line twenty-two, following the enacting section, by inserting the following:

“ARTICLE 13A. SEVERANCE & BUSINESS PRIVILEGE TAX.

§11-13A-3a. Imposition of tax on privilege of severing natural gas or oil; Tax Commissioner to develop a uniform reporting form.

            (a) Imposition of tax. -- For the privilege of engaging or continuing within this state in the business of severing natural gas or oil for sale, profit or commercial use, there is hereby levied and shall be collected from every person exercising such privilege an annual privilege tax: Provided, That effective for all taxable periods beginning on or after January 1, 2000, there is an exemption from the imposition of the tax provided in this article on the following: (1) Free natural gas provided to any surface owner; (2) natural gas produced from any well which produced an average of less than five thousand cubic feet of natural gas per day during the calendar year immediately preceding a given taxable period; (3) oil produced from any oil well which produced an average of less than one-half barrel of oil per day during the calendar year immediately preceding a given taxable period; and (4) for a maximum period of ten years, all natural gas or oil produced from any well which has not produced marketable quantities of natural gas or oil for five consecutive years immediately preceding the year in which a well is placed back into production and thereafter produces marketable quantities of natural gas or oil.

            (b) Rate and measure of tax. -- The tax imposed in subsection (a) of this section shall be five percent of the gross value of the natural gas or oil produced, as shown by the gross proceeds derived from the sale thereof by the producer, except as otherwise provided in this article.

            (c) Tax in addition to other taxes. -- The tax imposed by this section shall apply to all persons severing gas or oil in this state, and shall be in addition to all other taxes imposed by law.

            (d)(1) The Legislature finds that in addition to the production reports and financial records which must be filed by oil and gas producers with the State Tax Commissioner in order to comply with this section, oil and gas producers are required to file other production reports with other agencies, including, but not limited to, the office of oil and gas, the Public Service Commission and county assessors. The reports required to be filed are largely duplicative, the compiling of the information in different formats is unnecessarily time consuming and costly, and the filing of one report or the sharing of information by agencies of government would reduce the cost of compliance for oil and gas producers.

            (2) On or before July 1, 2003, the Tax Commissioner shall design a common form that may be used for each of the reports regarding production that are required to be filed by oil and gas producers, which form shall readily permit a filing without financial information when such information is unnecessary. The commissioner shall also design such forms so as to permit filings in different formats, including, but not limited to, electronic formats.

            (3) Effective July 1, 2006, this subsection shall have no force or effect.

            (e) Upon the certification by the Governor, pursuant to subsection (g) of section four, article thirteen-v of this chapter, that the workers compensation debt known as the ”old fund” has been paid in its entirety, the additional tax of $.047 per mcf shall be continued and collected as a severance tax on natural gas or oil, pursuant to this section. This tax shall be dedicated to the state road fund and specifically dedicated and used to repair and upgrade secondary roads.

ARTICLE 13V. WORKERS’ COMPENSATION DEBT REDUCTION ACT.

§11-13V-4. Imposition of tax.

            (a) Imposition of additional tax on privilege of severing coal. -- Upon every person exercising the privilege of engaging within this state in severing, extracting, reducing to possession or producing coal for sale, profit or commercial use, there is hereby imposed an additional annual severance tax for exercising the privilege after November 30, 2005. The tax shall be is $.56 per ton and the measure of the tax is tons of clean coal severed or produced in this state by the taxpayer after November 30, 2005, for sale, profit or commercial use during the taxable year. When the person mining the coal sells raw coal, the measure of tax shall be ton of clean coal determined in accordance with rules promulgated by the Tax Commissioner as provided in article three, chapter twenty-nine-a of this code. If this rule is filed for public comment before July 1, 2005, the rule may be promulgated as an emergency legislative rule. This tax shall be is in addition to all taxes imposed with respect to the severance and production of coal in this state including, but not limited to, the taxes imposed by articles twelve-d and thirteen-a of this chapter and the taxes imposed by sections eleven and thirty-two, article three, chapter twenty-two of this code, if applicable.

            (b) Imposition of additional tax on privilege of severing natural gas. -- For the privilege of engaging or continuing within this state in the business of severing natural gas for sale, profit or commercial use, there is hereby levied and shall be collected from every person exercising this privilege an additional annual privilege tax. The rate of this additional tax shall be $.047 per mcf of natural gas and the measure of the tax is natural gas produced after November 30, 2005, determined at the point where the production privilege ends for purposes of the tax imposed by section three-a, article thirteen-a of this chapter, and with respect to which the tax imposed by section three-a of said article thirteen-a is paid: Provided, That upon certification by the Governor of the entire satisfaction of the unfunded liability of the “old fund” pursuant to subsection (g) of this section, the $0.47 per mcf shall continue and be treated as a severance tax on natural gas or oil, pursuant to section three-c, article thirteen -v of this chapter . This tax shall be dedicated to the state road fund and specifically dedicated and used to repair and upgrade secondary roads.. The additional tax imposed by this subsection shall be collected with respect to natural gas produced after November 30, 2005.

            (c) Imposition of additional tax on privilege of severing timber. -- For the privilege of engaging or continuing within this state in the business of severing timber for sale, profit or commercial use, there is hereby levied and shall be collected from every person exercising this privilege an additional annual privilege tax equal to two and seventy-eight hundredths percent of the gross value of the timber produced, determined at the point where the production privilege ends for purposes of the tax imposed by section three-b, article thirteen-a of this chapter and upon which the tax imposed by section three-b of said article thirteen-a is paid. The additional tax imposed by this subsection shall be collected with respect to timber produced after November 30, 2005: Provided, That during the period of discontinuance of the tax as provided in subsection (d), section three-b, article thirteen-a of this chapter, the additional tax imposed by this subsection shall be determined as provided in this subsection in the same manner as if the tax described under section three-b, article thirteen-a of this chapter is being imposed and collected, subject to the provisions of subsection (g) of this section.

            (d) No pyramiding of tax burden. -- Each ton of coal and each mcf of natural gas severed in this state after the effective date of the taxes imposed by this section shall be included in the measure of a tax imposed by this section only one time.

            (e) Effect on utility rates. -- The Public Service Commission shall, upon the application of any public utility that, as of the effective date of the taxes imposed by this section, is not currently making periodic adjustments to its approved rates and charges to reflect changes in its fuel costs because the mechanism historically used to make such periodic adjustments is suspended by an order of the commission, allow such utility to defer, for future recovery from its customers, any increase in its costs attributable to the taxes imposed by this section upon: Coal and natural gas severed in this state and utilized in the production of electricity generated or produced in this state and sold to customers in this state; coal and natural gas severed in this state and utilized in the production of electricity not generated or produced in this state that is sold to customers in this state; and natural gas severed in this state that is sold to customers in this state.

            (f) Dedication of new taxes. -- The net amount of all moneys received by the Tax Commissioner from collection of the taxes imposed by this section, including any interest, additions to tax, or penalties collected with respect to these taxes pursuant to article ten, chapter eleven of this code, shall be deposited in the Workers' Compensation Debt Reduction Fund created in article two-d, chapter twenty-three of this code. As used in this section, "net amount of all taxes received by the Tax Commissioner" means the gross amount received by the Tax Commissioner less the amount of any refunds paid for overpayment of the taxes imposed by this article, including the amount of any interest on the overpayment amount due the taxpayer under the provisions of section fourteen, article ten of this chapter.

            (g) Sunset expiration date of taxes. -- The new taxes imposed by this section shall expire and not be imposed with respect to privileges exercised on and after the first day of the month following the month in which the Governor certifies to the Legislature that (1) The revenue bonds issued pursuant to article two-d, chapter twenty-three of this code, have been retired, or payment of the debt service provided for; and (2) that an independent certified actuary has determined that the unfunded liability of the old fund, as defined in chapter twenty-three of this code, has been paid or provided for in its entirety. Expiration of the taxes imposed in this section as provided in this subsection shall not relieve any person from payment of any tax imposed with respect to privileges exercised before the expiration date.”

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

            The yeas and nays having been ordered, they were taken (Roll No. 328), and there were--yeas 33, nays 63, absent and not voting 4, with the yeas and absent and not voting being as follows:

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

            Absent And Not Voting: Deem, Hanshaw, Morgan and L. Phillips.

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

            Delegates Manchin and Fluharty moved to amend the bill on page fifty-three, section seven-a, lines six hundred thirty-one through six hundred thirty-three, by striking out the words “Any interested party aggrieved by the order may seek judicial review pursuant to section eleven of this article.” and inserting in lieu thereof, the following: “Any interested party adversely affected by a final decision or order of the commission setting just and reasonable consideration, may appeal in the manner prescribed in section four, article five, chapter twenty-nine-a of this code. Appeals filed from a final decision or order of the commission issued pursuant to subdivision (3) of this subsection, however, are subject to a de novo review by the circuit court and are not subject to the standards of review set forth in subsection (g), section four, article five, chapter twenty-nine-a of this code. Any interested party aggrieved by the order for reasons other than the setting of just and reasonable consideration may seek judicial review pursuant to section eleven of this article.”

 

            Delegate Ireland arose to a point of order during debate on the amendment, asking if the amendment was being addressed when Delegate Sponaugle was questioning Delegate Fluharty.

            The Speaker reminded the Gentlemen to direct their remarks to the amendment before the House.

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

            The yeas and nays having been ordered, they were taken (Roll No. 329), and there were--yeas 43, nays 53, absent and not voting 4, with the yeas and absent and not voting being as follows:

            Yeas: Bates, Boggs, Butler, Byrd, Caputo, Cowles, Eldridge, Faircloth, Ferro, Fleischauer, Fluharty, Folk, Frich, Guthrie, Hamilton, Hicks, Hill, Hornbuckle, Ihle, Kurcaba, Lane, Longstreth, Lynch, Manchin, Marcum, McCuskey, McGeehan, Miley, Moore, Moye, J. Nelson, Perdue, Pushkin, Reynolds, Rodighiero, Rohrbach, Rowe, Skinner, P. Smith, Sponaugle, Trecost, H. White and Williams.

            Absent And Not Voting: Deem, Hanshaw, Morgan and L. Phillips.

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

            Delegate J. Nelson moved to amend the bill on page thirty-eight, line three hundred forty-six, following the word “commission”, by changing the period to a semicolon and inserting the words “Provided, however, That any royalty owner who has not consented to the pooling or unitization shall be permitted to deduct the dollar amount difference between the property tax that has been paid for each year of ownership based on the property valuation with the mineral rights and the new property tax amount based on the property valuation without the mineral rights from his or her federal adjusted gross income for West Virginia state tax purposes.”

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

            The yeas and nays having been ordered, they were taken (Roll No. 330), and there were--yeas 45, nays 51, absent and not voting 4, with the yeas and absent and not voting being as follows:

            Yeas: Azinger, Bates, Boggs, Byrd, Caputo, Eldridge, Faircloth, Ferro, Fleischauer, Fluharty, Folk, Frich, Guthrie, Hamilton, Hicks, Hill, Hornbuckle, Householder, Howell, Ihle, Lane, Longstreth, Lynch, Manchin, Marcum, McGeehan, Miley, Moffatt, Moore, Moye, J. Nelson, O'Neal, Perdue, Pushkin, Reynolds, Rodighiero, Rohrbach, Shott, Skinner, P. Smith, Sponaugle, Storch, Trecost, Wagner and H. White.

            Absent And Not Voting: Deem, Hanshaw, Morgan and L. Phillips.

So, a majority of the members present and voting not having voted in the affirmative, the

amendment was rejected.

            Delegates Fluharty and Manchin move to amend the bill on page two, following the enacting section, by inserting a new section, to read as follows:

“ARTICLE 1. DIVISION OF LABOR.

§21-1-3a. Duties of employers and owners conducting horizontal well drilling activities.

            (a) For the purpose of this section:

            (1) ‘Residence’ means the place where a person files a state income tax return.

            (2) ‘Employer’ means an employer or owner, including contractors and subcontractors of those employers and owners, who performs the following:

            (1) Conducts horizontal drilling pursuant to article six-a, chapter twenty two of this code;

            (2) Any site preparation work which involves any disturbance of land to a horizontal natural gas well; or

            (3) Work on pipelines from a pursuant to article six-a, chapter twenty two of this code.

            (b) Beginning January 1, 2016, an employer shall submit the following information to the Division of Labor:

            (1) The total number of employees identified by full time and part-time status;

            (2) The city and state in which the employee lives;

            (3) The state or states in which the employee pays income tax;

            (4) A comparison of the number of in-state residents versus the number of out of state residents being employed in the above activities; and

            (5) The average salary per job type. 

            (d) The employer or owner shall submit this information to the division no later than January 31 of each year.

            (e) The division shall utilize the collected information and report to the legislature no later the February 15 of each year.

            Delegate Ireland arose to a point of order, asking if the amendment was germane.

            To the point of order, the Speaker replied that the bill is to establish unitization and the amendment relates to reporting requirements for horizontal drilling, therefore, the amendment was not germane to the bill.

            Delegates Manchin and Fluharty move to amend the bill on page two, following the enacting section, by inserting the following section, to read as follows:

“CHAPTER 11. TAXATION.

ARTICLE 13A. SEVERANCE & BUSINESS PRIVILEGE TAX

§11-13A-3a. Imposition of tax on privilege of severing natural gas or oil; Tax Commissioner to develop a uniform reporting form.

            (a) Imposition of tax. -- For the privilege of engaging or continuing within this state in the business of severing natural gas or oil for sale, profit or commercial use, there is hereby levied and shall be collected from every person exercising such privilege an annual privilege tax: Provided, That effective for all taxable periods beginning on or after January 1, 2000, there is an exemption from the imposition of the tax provided in this article on the following: (1) Free natural gas provided to any surface owner; (2) natural gas produced from any well which produced an average of less than five thousand cubic feet of natural gas per day during the calendar year immediately preceding a given taxable period; (3) oil produced from any oil well which produced an average of less than one-half barrel of oil per day during the calendar year immediately preceding a given taxable period; and (4) for a maximum period of ten years, all natural gas or oil produced from any well which has not produced marketable quantities of natural gas or oil for five consecutive years immediately preceding the year in which a well is placed back into production and thereafter produces marketable quantities of natural gas or oil.

            (b) Rate and measure of tax. -- The tax imposed in subsection (a) of this section shall be five six percent of the gross value of the natural gas or oil produced, as shown by the gross proceeds derived from the sale thereof by the producer, except as otherwise provided in this article: Provided, That notwithstanding any provisions of this code to the contrary, one percent of this tax shall be deposited into the state road fund, and specifically dedicated and used to repair and upgrade secondary roads.”

            (c) Tax in addition to other taxes. -- The tax imposed by this section shall apply to all persons severing gas or oil in this state, and shall be in addition to all other taxes imposed by law.

            (d)(1) The Legislature finds that in addition to the production reports and financial records which must be filed by oil and gas producers with the State Tax Commissioner in order to comply with this section, oil and gas producers are required to file other production reports with other agencies, including, but not limited to, the office of oil and gas, the Public Service Commission and county assessors. The reports required to be filed are largely duplicative, the compiling of the information in different formats is unnecessarily time consuming and costly, and the filing of one report or the sharing of information by agencies of government would reduce the cost of compliance for oil and gas producers.

            (2) On or before July 1, 2003, the Tax Commissioner shall design a common form that may be used for each of the reports regarding production that are required to be filed by oil and gas producers, which form shall readily permit a filing without financial information when such information is unnecessary. The commissioner shall also design such forms so as to permit filings in different formats, including, but not limited to, electronic formats.

            (3) Effective July 1, 2006, this subsection shall have no force or effect.”

Delegate Ireland arose to a point of order, asking if the amendment was germane.

            To the point of order the Speaker replied that the fundamental purpose of the bill is to deal with the subject of unitization and the process to be used as unitization. The amendment relates to an entirely different section of the code related to severance and business taxes, therefore, the amendment was not germane to the bill.

            Delegates Manchin and Trecost moved to amend the bill on page forty-three, section seven-a, line four hundred thirty-seven, by striking out the word “doubles” and inserting in lieu thereof, the words “one hundred fifty percent”.

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

            The yeas and nays having been ordered, they were taken (Roll No. 331), and there were--yeas 33, nays 63, absent and not voting 4, with the yeas and absent and not voting being as follows:

            Yeas: Bates, Boggs, Caputo, Eldridge, Fast, Ferro, Fleischauer, Fluharty, Folk, Frich, Guthrie, Hamilton, Hicks, Hornbuckle, Howell, Lane, Longstreth, Lynch, Manchin, Moore, Moye, Perdue, Pushkin, Reynolds, Rodighiero, Rohrbach, Rowe, Skinner, P. Smith, Sponaugle, Trecost, H. White and Williams.

            Absent And Not Voting: Deem, Hanshaw, Morgan and L. Phillips.

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

            The bill was then ordered to engrossment and third reading.

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

Committee Reports

            Chairman McCuskey, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 3^rd day of March, 2015, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

            (S. B. 238), Limiting certain county board of education liability arising from unorganized recreation,

    (Com. Sub. for S. B. 335), Creating Access to Opioid Antagonists Act,

            And,

            (S. B. 398), Extending expiration date for health care provider tax on eligible acute care hospitals.

            Delegate Evans, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

            Your Committee on Agriculture and Natural Resources has had under consideration:

            S. B. 250, Relating to Conservation Agency financial assistance applications from district supervisors,

            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 (S. B. 250) was referred to the Committee on the Judiciary.

            Delegate Evans, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

            Your Committee on Agriculture and Natural Resources has had under consideration:

            Com. Sub. for S. B. 261, Clarifying definition of ‘owner’ of dam,

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

            In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 261) was referred to the Committee on the Judiciary.

            Delegate Evans, Chair of the Committee on Agriculture on Natural Resources, submitted the following report, which was received:

            Your Committee on Agriculture and Natural Resources has had under consideration:

            S. B. 304, Relating to farmers markets,

            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 (S. B. 304) was referred to the Committee on Finance.

            Delegate Hamilton, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

            Your Committee on Agriculture and Natural Resources has had under consideration:

            H. C. R. 31, Declaring the Northern Red Salamander to be the official state amphibian,

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

            In accordance with the former direction of the Speaker, the bill (H. C. R. 31) was referred to the Committee on Rules.

            Delegate Hamilton, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

            Your Committee on Agriculture and Natural Resources has had under consideration:

            Com. Sub. for S. B. 278, Relating to lawful and unlawful methods of hunting,

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

            In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 278) was referred to the Committee on the Judiciary.

            Delegate Evans, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

            Your Committee on Agriculture and Natural Resources has had under consideration:

            Com. Sub. for S. B. 413, Relating to commercial pesticide control licensing requirements,

            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 Government Organization.

            In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 413) was referred to the Committee on Government Organization.

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

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

            S. B. 399, Relating to hospitals owned or operated by nonprofit corporations or associations or local governmental units,

            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 (S. B. 399) was referred to the Committee on the Judiciary.

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

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

            S. B. 399, Relating to hospitals owned or operated by nonprofit corporations or associations or local governmental units.

            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 (S. B. 399) was referred to the Committee on the Judiciary.

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

            Your Committee on Rules has had under consideration:

            H. R. 13, Designating March 2, 2015 as “Self Injury Awareness Day”,

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

            Com. Sub. for H. R. 13 –“Designating March 4, 2015 as ‘Self Injury Awareness Day’”.

            With the recommendation that the committee substitute do pass.

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

            Your Committee on Rules has had under consideration:

            H. C. R. 91, Designating days for the display of the Honor and Remember Flag,

            Com. Sub. for S. C. R. 14, Home of Francis H. Pierpont -Father of West Virginia and Governor of Restored Virginia,

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

Leaves of Absence

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

Miscellaneous Business

            Delegate Duke noted to the Clerk that he was absent when the vote was taken on Roll No. 313, and that had he been present, he would have voted “Yea” thereon.

            Delegate Hamilton announced that he was absent when the vote was taken on Roll No. 299, and that had he been present, he would have voted “Yea” thereon.

            Delegate Border announced that she was absent on when the vote was taken on Roll No. 308, and that had she been present, she would have voted “Yea” thereon.

            Delegate Lane noted to the Clerk that he be recorded as having “Nay” on the motion to table Com. Sub. for H. B. 2021.

            Delegate Hornbuckle noted that he was absent when the votes were taken on Roll Nos. 236, 237 and 238, and that had he been present, he would have voted “Yea” on Roll No. 236 and “Nay” on Roll Nos. 237 and 238.

            Delegate Perdue asked and obtained unanimous consent that the remarks of Delegates Marcum, H. White, J. Nelson and Rodighiero regarding Com. Sub. for H. B. 2515, Relating to elk restoration, be printed in the Appendix to the Journal.

            Delegate Guthrie asked and obtained unanimous consent that the remarks of Delegate Moye regarding H. B. 3018, West Virginia Health Benefit Exchange Act, be printed in the Appendix to the Journal.

            Delegate Caputo asked and obtained unanimous consent that the remarks of Delegate Boggs regarding Com. Sub. for H. B. 2718 be printed in the Appendix to the Journal.

            Delegate Marcum announced that his vote did not register in the affirmative on the roll call on the final amendment to H. B. 2688.

            At 11:39 p.m., the House of Delegates adjourned until 9:00 a.m., Wednesday, March 4, 2015.