Senate Daily Journal

sdj-60th day WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-FIRST LEGISLATURE
REGULAR SESSION, 2013
SIXTIETH DAY
____________

Charleston, W. Va., Saturday, April 13, 2013

     The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
     Prayer was offered by The Honorable Ronald F. Miller, a senator from the tenth district, and Pastor, Shuck Memorial Baptist Church, Lewisburg, West Virginia, and West Point Baptist Church, Asbury, West Virginia.
     Pending the reading of the Journal of Friday, April 12, 2013,
     On motion of Senator Cann, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the second order of business and the introduction of guests.
     The Clerk presented a communication from the Geological and Economic Survey, submitting its 2011 and 2012 annual reports, in accordance with chapter twenty-nine, article two, section six of the code of West Virginia.
     Which communication and reports were received and filed with the Clerk.
     The Senate proceeded to the fourth order of business.
     Senator Green, from the Committee on Confirmations, submitted the following report, which was received:
     Your Committee on Confirmations has had under consideration
     Senate Executive Message No. 2, dated February 18, 2013, requesting confirmation by the Senate of the nominations mentioned therein. The following list of names from Executive Message No. 2 is submitted:
      1. For Member, Board of Medicine, Dr. Carlos Jimenez, Glen Dale, Marshall County, for the term ending September 30, 2016.
      2. For Member, Board of Medicine, Dr. R. Curtis Arnold, Hurricane, Putnam County, for the term ending September 30, 2016.
      3. For Member, Nursing Home Administrators Licensing Board, Joseph Bucher, Elkins, Randolph County, for the term ending June 30, 2015.
      4. For Member, Women's Commission, Barbara Kyle, Daniels, Raleigh County, for the term ending June 30, 2014.
      5. For Member, Women's Commission, Jean Ford, Williamstown, Wood County, for the term ending June 30, 2013.
      6. For Member, Women's Commission, Kathleen McDermott, Wheeling, Ohio County, for the term ending June 30, 2014.
      7. For Member, State Personnel Board, Randy Hansford, Ghent, Raleigh County, for the term ending June 30, 2014.
      8. For Member, Public Port Authority, Patrick Ford, Weirton, Hancock County, for the term ending June 30, 2014.
      9. For Member, Design-Build Board, Donald Gombert, Crab Orchard, Raleigh County, for the term ending July 7, 2014.
      10. For Member, Design-Build Board, John Goetz IV, Dunbar, Kanawha County, for the term ending July 7, 2013.
      11. For Member, Design-Build Board, Marc Monteleone, Charleston, Kanawha County, for the term ending July 7, 2014.
      12. For Member, Design-Build Board, Roy Smith, Beckley, Raleigh County, for the term ending July 7, 2013.
      13. For Member, Design-Build Board, Rodney Clay, Charleston, Kanawha County, for the term ending July 7, 2014.
      14. For Member, Design-Build Board, Henry Wood Thrasher, Clarksburg, Harrison County, for the term ending July 7, 2014.
      15. For Member, Design-Build Board, Mary Jo Klempa, Wheeling, Ohio County, for the term ending July 7, 2013.
      16. For Member, Design-Build Board, Ronnie Spradling, St. Albans, Kanawha County, for the term ending July 7, 2013.
      17. For Member, Board of Coal Mine Health and Safety, Terry Hudson, Flat Top, Mercer County, for the term ending June 30, 2015.
      18. For Member, Parole Board, Peggy Pope, Charleston, Kanawha County, for the term ending June 30, 2018.
      19. For Member, Parole Board, Benita Murphy, Logan, Logan County, for the term ending June 30, 2018.
      20. For Member, Board of Control for Southern Regional Education, Paul Hill, for the term ending June 30, 2016.
      21. For Member, West Virginia University Board of Governors, Ray Lane, Atherton, California, for the term ending June 30, 2016.
      22. For Member, West Virginia University Board of Governors, The Honorable James Robert Rogers, Ponte Vedra Beach, Florida, for the term ending June 30, 2016.
      23. For Member, West Virginia University Board of Governors, Charles Vest, Washington, D. C., for the term ending June 30, 2016.
      24. For Member, Eastern West Virginia Community and Technical College Board of Governors, Curtis Durst, Fisher, Hardy County, for the term ending June 30, 2016.
      25. For Member, Eastern West Virginia Community and Technical College Board of Governors, Richard Gillespie, Franklin, Pendleton County, for the term ending June 30, 2016.
      26. For Member, Broadband Deployment Council, Dana Waldo, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
      27. For Member, Shepherd University Board of Governors, Dr. John Younis, Shepherdstown, Jefferson County, for the term ending June 30, 2016.
      28. For Member, West Virginia School of Osteopathic Medicine Board of Governors, Cheryl Schreiber, Weirton, Brooke County, for the term ending June 30, 2016.
      29. For Member, West Virginia School of Osteopathic Medicine Board of Governors, Dr. Charles Davis, Stow, Ohio, for the term ending June 30, 2016.
      30. For Member, Fairmont University Board of Governors, Dr. Chris Courtney, Bridgeport, Harrison County, for the term ending June 30, 2016.
      31. For Member, Fairmont University Board of Governors, Ron Tucker, Fairmont, Marion County, for the term ending June 30, 2016.
      32. For Member, Fairmont University Board of Governors, Mark Pallotta, Fairmont, Marion County, for the term ending June 30, 2016.
      33. For Member, Southern West Virginia Community and Technical College Board of Governors, Thomas Heywood, Charleston, Kanawha County, for the term ending June 30, 2016.
      34. For Member, Southern West Virginia Community and Technical College Board of Governors, Jada Hunter, Williamson, Mingo County, for the term ending June 30, 2016.
      35. For Member, Southern West Virginia Community and Technical College Board of Governors, Terry Sammons, Gilbert, Mingo County, for the term ending June 30, 2015.
      36. For Member, West Liberty University Board of Governors, Richard Carter, Wheeling, Ohio County, for the term ending June 30, 2016.
      37. For Member, West Liberty University Board of Governors, Patrick Kelly, Charleston, Kanawha County, for the term ending June 30, 2016.
      38. For Member, Broadband Deployment Council, James Nestor, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
      39. For Member, Broadband Deployment Council, Jim Martin, Bridgeport, Harrison County, to serve at the will and pleasure of the Governor.
      40. For Member, Council for Community and Technical College Education, Steve Roberts, Follansbee, Brooke County, for the term ending December 20, 2015.
      41. For Member, Veterans' Council, Hershel Woodrow Williams, Ona, Cabell County, for the term ending June 30, 2018.
      42. For Member, Housing Development Fund, J. D. Stricklen, Blue Creek, Kanawha County, for the term ending October 30, 2015.
      43. For Member, Board of Landscape Architects, Jason Testman, Charleston, Kanawha County, for the term ending June 30, 2014.
      44. For Member, Board of Landscape Architects, John Rudmann, Morgantown, Monongalia County, for the term ending June 30, 2013.
      45. For Member, Board of Landscape Architects, Michael Biafore, Morgantown, Monongalia County, for the term ending June 30, 2015.
      46. For Member, Bridgemont Community and Technical College Board of Governors, Sarah Smith, Charleston, Kanawha County, for the term ending June 30, 2016.
      47. For Member, Bridgemont Community and Technical College Board of Governors, Karen Price, Charleston, Kanawha County, for the term ending June 30, 2016.
      48. For Member, Bridgemont Community and Technical College Board of Governors, Tom Dover, Charleston, Kanawha County, for the term ending June 30, 2016.
      49. For Member, Glenville State College Board of Governors, Ralph Holder, Belpre, Ohio, for the term ending June 30, 2016.
      50. For Member, Glenville State College Board of Governors, Stephen Gandee, Jane Lew, Lewis County, for the term ending June 30, 2016.
      51. For Member, Kanawha Valley Community and Technical College Board of Governors, Bradley Shafer, Clendenin, Kanawha County, for the term ending June 30, 2016.
      52. For Member, Kanawha Valley Community and Technical College Board of Governors, Gregory Barker, Leon, Mason County, for the term ending June 30, 2016.
      53. For Member, Kanawha Valley Community and Technical College Board of Governors, Mark Dempsey, Charleston, Kanawha County, for the term ending June 30, 2016.
      54. For Member, Kanawha Valley Community and Technical College Board of Governors, Jan Vineyard, for the term ending June 30, 2016.
      55. For Member, Kanawha Valley Community and Technical College Board of Governors, Robert Manley, Charleston, Kanawha County, for the term ending June 30, 2014.
      57. For Member, Veterans' Council, Randall Bare, Sandyville, Jackson County, for the term ending June 30, 2018.
      58. For Member, Broadband Deployment Council, Jeffrey Wise, Follansbee, Brooke County, to serve at the will and pleasure of the Governor.
      59. For Member, Statewide Independent Living Council, Marian Steele, Summersville, Nicholas County, for the term ending June 30, 2015.
      60. For Member, Statewide Independent Living Council, Sarah Mathis, Grassy Meadows, Greenbrier County, for the term ending June 30, 2015.
      61. For Member, Statewide Independent Living Council, Darla Ervin, Morgantown, Monongalia County, for the term ending June 30, 2015.
      62. For Member, Statewide Independent Living Council, Joyce Floyd, Elkins, Randolph County, for the term ending June 30, 2015.
      63. For Member, Statewide Independent Living Council, Cathy Hutchinson, Huntington, Cabell County, for the term ending June 30, 2015.
      64. For Member, Statewide Independent Living Council, Sandy Haberbosch, Shinnston, Harrison County, for the term ending June 30, 2015.
      65. For Member, Statewide Independent Living Council, Sarah Rogers, Charleston, Kanawha County, for the term ending June 30, 2015.
      66. For Member, Statewide Independent Living Council, Jan Derry, Morgantown, Monongalia County, for the term ending June 30, 2015.
      67. For Member, Statewide Independent Living Council, Scott Gossard, Petersburg, Grant County, for the term ending June 30, 2015.
      68. For Member, Coal Resource Transportation Designation Committee, Richard Ryan, Sod, Lincoln County, for the term ending June 30, 2014.
      69. For Member, Board of Chiropractic, Dr. Jeffrey Summers, Charleston, Kanawha County, for the term ending June 30, 2015.
      70. For Member, Family Protection Services Board, Judy King Smith, Morgantown, Monongalia County, for the term ending June 30, 2014.
      71. For Member, Public Port Authority, J. Eric Peters, Sistersville, Tyler County, for the term ending June 30, 2013.
      72. For Member, Public Port Authority, Newton Thomas, Jr., Charleston, Kanawha County, for the term ending June 30, 2015.
      73. For Member, Public Port Authority, David Efaw, Blount, Kanawha County, for the term ending June 30, 2015.
      74. For Member, Public Port Authority, The Honorable Charles Lanham, Point Pleasant, Mason County, for the term ending June 30, 2014.
      75. For Member, Public Port Authority, Jim Llaneza, Clarksburg, Harrison County, for the term ending June 30, 2015.
      76. For Member, Public Port Authority, Stratius Fotos, Huntington, Cabell County, for the term ending June 30, 2015.
      77. For Member, Public Port Authority, Gerald Sites, Petersburg, Grant County, for the term ending June 30, 2014.
      78. For Member, Board of Miner Training, Education and Certification, Terry Osborne, Morgantown, Monongalia County, for the term ending June 30, 2015.
      79. For Member, Bluefield State College Board of Governors, Garry Moore, Sr., Bluefield, Mercer County, for the term ending June 30, 2014.
      80. For Member, Bluefield State College Board of Governors, Lois Ann Manns, Beckley, Raleigh County, for the term ending June 30, 2014.
      81. For Member, Bluefield State College Board of Governors, Anne Lantry, Princeton, Mercer County, for the term ending June 30, 2016.
      82. For Member, Family Protection Services Board, Patricia Bailey, Beaver, Raleigh County, for the term ending June 30, 2015.
      83. For Member, West Virginia Board of Education, The Honorable Thomas W. Campbell, Lewisburg, Greenbrier County, for the term ending November 4, 2021.
      84. For Member, Veterans' Council, Harrison Gilliam, Huntington, Cabell County, for the term ending June 30, 2015.
      85. For Member, West Virginia State University Board of Governors, Larry Salyers, Charleston, Kanawha County, for the term ending June 30, 2016.
      86. For Member, West Virginia State University Board of Governors, Paul Konstanty, Hurricane, Putnam County, for the term ending June 30, 2013.
      87. For Member, West Virginia State University Board of Governors, John Thralls, Hurricane, Putnam County, for the term ending June 30, 2016.
      88. For Member, Board of Optometry, Dr. James Campbell, New Martinsville, Wetzel County, for the term ending June 30, 2015.
      89. For Member, Board of Optometry, Lori Gemondo, Bridgeport, Harrison County, for the term ending June 30, 2015.
      90. For Member, Board of Optometry, Dr. Mason White II, Logan, Logan County, for the term ending June 30, 2015.
      91. For Director, Office of Miners' Health, Safety and Training, Ernest Eugene White, Dorothy, Raleigh County, to serve at the will and pleasure of the Governor.
      92. For Secretary, Department of Administration, Roscoe Taylor, Ripley, Jackson County, to serve at the will and pleasure of the Governor.
      93. For Member, Board of Funeral Service Examiners, John Fahey, Wheeling, Ohio County, for the term ending June 30, 2015.
      94. For Member, Housing Development Fund, R. Fred Clark, Logan, Logan County, for the term ending October 16, 2016.
      95. For Member, Jobs Investment Trust Board, Tim Millne, Huntington, Cabell County, for the term ending June 30, 2016.
      96. For Member, Property Valuation and Training Procedures Commission, Jason Nettles, Grantsville, Calhoun County, for the term ending June 30, 2014.
      97. For Member, Property Valuation and Training Procedures Commission, Harvey Young, Fayetteville, Fayette County, for the term ending June 30, 2016.
      98. For Member, Investment Management Board of Trustees, Judy Hale, Winfield, Putnam County, for the term ending January 31, 2013.
      99. For Member, Jobs Investment Trust Board, William Goode, Hurricane, Putnam County, for the term ending June 30, 2016.
     100. For Member, Property Valuation and Training Procedures Commission, Janice LaRue, Keyser, Mineral County, for the term ending June 30, 2016.
     101. For Member, Property Valuation and Training Procedures Commission, Mickey Brown, Madison, Boone County, for the term ending June 30, 2014.
     102. For Member, Fire Commission, John Holstein, Madison, Boone County, for the term ending June 30, 2017.
     103. For Member, Board of Chiropractic, Dr. Holly Harvey, Union, Monroe County, for the term ending June 30, 2016.
     104. For Member, Board of Chiropractic, H. Jarrett Walker, Charleston, Kanawha County, for the term ending June 30, 2015.
     105. For Member, Board of Medicine, Dr. Kishore Challa, Charleston, Kanawha County, for the term ending September 30, 2017.
     106. For Member, Real Estate Commission, Densil Nibert, Shenandoah Junction, Jefferson County, for the term ending June 30, 2016.
     107. For Member, Board of Osteopathic Medicine, Dr. Arthur Rubin, Charleston, Kanawha County, for the term ending June 30, 2017.
     108. For Member, Board of Osteopathic Medicine, Dr. Michael Muscari, Pineville, Wyoming County, for the term ending June 30, 2017.
     109. For Member, Livestock Care Standards Board, Phillip Gregg, Masontown, Preston County, for the term ending June 30, 2018.
     110. For Member, Livestock Care Standards Board, Norma Davis, Pennsboro, Ritchie County, for the term ending June 30, 2017.
     111. For Member, Livestock Care Standards Board, Dale Walker, Fort Seybert, Pendleton County, for the term ending June 30, 2016.
     112. For Member, Livestock Care Standards Board, Richard Woodworth, Burlington, Mineral County, for the term ending June 30, 2018.
     113. For Member, Livestock Care Standards Board, Steve Conrad, Brandywine, Pendleton County, for the term ending June 30, 2017.
     114. For Member, Livestock Care Standards Board, Noah Perry, Buffalo, Putnam County, for the term ending June 30, 2018.
     115. For Member, Livestock Care Standards Board, Todd Butler, Inwood, Berkeley County, for the term ending June 30, 2015.
     116. For Member, State Board of Education, Tina Combs, Bunker Hill, Berkeley County, for the term ending November 4, 2016.
     117. For Chief Administrative Law Judge, Office of Tax Appeals, A. M. Pollack, Elkview, Kanawha County, for the term ending June 30, 2016.
     118. For Member, Livestock Care Standards Board, Dr. John Wilson, Lewisburg, Greenbrier County, for the term ending June 30, 2015.
     119. For Member, Racing Commission, Bill Phillips, Jr., Elkins, Randolph County, for the term ending April 1, 2016.
     121. For Member, Election Commission, Taylor Downs, Morgantown, Monongalia County, for the term ending June 4, 2017.
     122. For Member, Lottery Commission, David McCormick, Jr., Morgantown, Monongalia County, for the term ending June 30, 2017.
     123. For Member, Education Broadcasting Authority, Corley Dennison III, Ona, Cabell County, for the term ending June 30, 2018.
     Senate Executive Message No. 4, dated April 4, 2013, requesting confirmation by the Senate of the nominations mentioned therein. The following list of names from Executive Message No. 4 is submitted.
      1.  For Member, Livestock Care Standards Board, Ben Tuckwiller, Lewisburg, Greenbrier County, for the term ending June 30, 2016.
      2.  For Member, Natural Resources Commission, Jeffrey Bowers, Franklin, Pendleton County, for the term ending June 30, 2019.
      3.  For Member, Board of Osteopathic Medicine, Elizabeth Blatt, Princeton, Mercer County, for the term ending June 30, 2013.
      4.  For Member, Board of Osteopathic Medicine, Robert Whitler, Elkview, Kanawha County, for the term ending June 30, 2017.
      5.  For Member, Board of Osteopathic Medicine, Heather Jones, Chapmanville, Logan County, for the term ending June 30, 2018.
      6.  For Member, Educational Broadcasting Authority, Mark Polen, Charleston, Kanawha County, for the term ending June 30, 2019.
      7.  For Member, Hospital Finance Board, Jack Roop, Crab Orchard, Raleigh County, for the term ending January 9, 2018.
      8.  For Member, Hospital Finance Board, David Williams, Hurricane, Putnam County, for the term ending January 9, 2015.
      9.  For Member, Election Commission, Vince Cardi, Morgantown, Monongalia County, for the term ending June 4, 2017.
     10.  For Member, Workers' Compensation Board of Review, James Gray, Bridgeport, Harrison County, for the term ending December 31, 2018.
     11.  For Member, Hospital Finance Authority, James Christie, Bridgeport, Harrison County, for the term ending January 9, 2014.
     12.  For Member, Livestock Care Standards Board, Dan Robison, Morgantown, Monongalia County, for the term ending June 30, 2016.
     13.  For Member, Hospital Finance Authority, Jack Hartley, Charleston, Kanawha County, for the term ending January 9, 2019.
     14.  For Member, Hospital Finance Authority, Geraldine Roberts, Elkins, Randolph County, for the term ending January 9, 2017.
     15.  For Member, Health Care Authority, Sonia Chambers, Huntington, Cabell County, for the term ending March 12, 2019.
     16.  For Member, School Building Authority, Steve Burton, Prichard, Wayne County, for the term ending July 31, 2015.
     17.  For Member, Investment Management Board of Trustees, G. Kurt Dettinger, Charleston, Kanawha County, for the term ending January 31, 2019.
     18.  For Member, West Virginia University-Parkersburg Board of Governors, James Six, Parkersburg, Wood County, for the term ending June 30, 2016.
     19.  For Member, West Virginia University-Parkersburg Board of Governors, Jeffrey Matheny, Mineral Wells, Wood County, for the term ending June 30, 2016.
     20.  For Member, Athletic Commission, James Frio, Wheeling, Ohio County, for the term ending June 30, 2014.
     21.  For Member, Athletic Commission, Steve Allred, Julian, Boone County, for the term ending June 30, 2015.
     22.  For Member, Regional Jail and Correctional Facility Authority, Tim McCormick, Wheeling, Ohio County, for the term ending June 30, 2013.
     And,
     A letter from the Regional Jail and Correctional Facility Authority, dated August 21, 2012, requesting confirmation by the Senate of the nomination mentioned therein. The following name is submitted:
      1.  For Executive Director, Regional Jail and Correctional Facility Authority, Joseph DeLong, Charleston, Kanawha County, for a term of five years commencing on August 16, 2012.
     And reports the same back with the recommendation that the Senate do advise and consent to all of the nominations listed above.
                              Respectfully submitted,
                               Mike Green,
                               Chair.
__________
     The time having arrived for the special order of business to consider the list of nominees for public office submitted by His Excellency, the Governor, and a nomination submitted by the Regional Jail and Correctional Facility Authority, the special order thereon was called by the President.
     Thereupon, Senator Kessler (Mr. President) laid before the Senate the following executive messages and a letter from the Regional Jail and Correctional Facility Authority:
     Senate Executive Message No. 2, dated February 18, 2013 (shown in the Senate Journal of that day, pages 2 through 13, inclusive).
     Senate Executive Message No. 4, dated April 4, 2013 (shown in the Senate Journal of that day, pages 31 through 33, inclusive).
     And,
     A letter from the Regional Jail and Correctional Facility Authority, dated August 21, 2012 (shown in the Senate Journal of February 13, 2013, pages 5 and 6).
     Senator Green then moved that the Senate advise and consent to all of the executive nominations referred to in the foregoing report from the Committee on Confirmations and that the nomination of Joseph DeLong, as Executive Director, Regional Jail and Correctional Facility Authority, be confirmed.
     The question being on the adoption of Senator Green's aforestated motion,
     The roll was then taken; and
     On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
     The nays were: Prezioso--1.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared Senator Green's motion had prevailed.
     Senator Green moved that the Senate advise and consent to the nomination of Greg Allen to the Concord University Board of Governors (being nomination number 56 in Executive Message No. 2).      The roll was then taken; and
     On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared Senator Green's motion had prevailed and the nomination of Greg Allen to the Concord University Board of Governors had been confirmed.
__________
     Consideration of the special order of business having been concluded,
     The Senate proceeded to the fifth order of business.
Filed Conference Committee Reports
     The Clerk announced the following conference committee report had been filed at 11:35 a.m. today:
     Eng. Senate Bill No. 108, Creating Unintentional Pharmaceutical Drug Overdose Fatality Review Team.
     Without objection, the Senate returned to the third order of business.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 65, Exempting PERS retirement income of DNR police officers from state income tax.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect July 1, 2013, of
     Eng. Com. Sub. for Senate Bill No. 195, Removing tax rate expiration date on eligible acute care hospitals.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
     Eng. Com. Sub. for Senate Bill No. 281, Authorizing Department of Transportation promulgate legislative rules.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 331, Permitting Courthouse Facilities Improvement Authority to issue bonds.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 437, Regulating commercial dog-breeding operations.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Com. Sub. for Senate Bill No. 477, Relating to electronic registration of voters.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Com. Sub. for Senate Bill No. 481, Relating to juvenile mental health treatment.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Com. Sub. for Senate Bill No. 604, Expanding definition of "electioneering communication".
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect July 1, 2013, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Senate Bill No. 623, Relating to funding for probation officers to address truancy.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendments to the bill were reported by the Clerk:
     By striking out everything after the enacting clause and inserting in lieu thereof the following:
     That §18-5B-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5B. SCHOOL INNOVATION ZONES ACT.
§18-5B-11. Local Solution Dropout Prevention and Recovery Innovation Zone Act.
  (a) Legislative findings, intent and purpose. --
  The Legislature finds that:
  (1) High school graduation is an essential milestone for all West Virginia students and impacts the future success of the individual, community and state;
  (2) There are significant correlations between educational attainment and labor market outcomes, greater labor force participation rate, increased employment rates, improved health and decreased levels of poverty and crime. The negative impact on these linkages is most evident in the absence of high school completion;
  (3) Dropping out of school is a process, not an event, with factors building and compounding over time;
  (4) Students at risk of not completing high school can be identified as early as sixth grade using the indicators of attendance, behavior and course failures. Therefore, a comprehensive graduation plan must include a comprehensive systemic approach that emphasizes early interventions;
  (5) Research identifies a number of effective strategies for engaging students that have the most positive impact on improving high school graduation rates. Some of these strategies are school-community collaboration, safe learning environments, family engagement, early literacy development, mentoring and tutoring services, service learning opportunities, alternative and nontraditional schooling, offering multiple pathways and settings for attaining high school diplomas, after-school opportunities, individualized instruction and career and technical education;
  (6) Schools cannot solve the dropout problem alone. Research shows when educators, parents, elected officials, business leaders, faith-based leaders, human service personnel, judicial personnel and civic leaders collectively work together they are often able to find innovative solutions to address school and community problems; and
  (7) Increasing high school graduation rates is an important factor in preparing a college and career-ready citizenry. Higher education institutions, including community and technical colleges, are essential partners in creating local and statewide solutions.
  (b) Therefore, the intent of the Legislature is to provide a separate category of innovation zones designated Local Solution Dropout Prevention and Recovery Innovation Zones intended to achieve the following purposes:
  (1) Provide for the establishment of Local Solution Dropout Prevention and Recovery Innovation Zones to increase graduation rates and reduce the number of dropouts from West Virginia schools;
  (2) Provide schools and communities with opportunities for greater collaboration to plan and implement systemic approaches that include evidence-based solutions for increasing graduation rates and reducing the number of dropouts;
  (3) Provide a testing ground for innovative graduation programs, incentives and approaches to reducing the number of dropouts;
  (4) Provide information regarding the effects of specific innovations, collaborations and policies on graduation rates and dropout prevention and recovery; and
  (5) Document educational strategies that increase graduation rates, prevent dropouts and enhance student success.
  (c) Local Solution Dropout Prevention and Recovery Innovation Zones. --
  A school, a group of schools or a school district may be designated as a Local Solution Dropout Prevention and Recovery Innovation Zone in accordance with the provisions of this article, subject to the provisions of this section. The state board shall propose rules for legislative promulgation, including an emergency rule if necessary, in accordance with article three-b chapter twenty-nine of this code to implement the provisions of this section. All provisions of this article apply to Local Solution Dropout Prevention and Recovery Innovation Zones, including, but not limited to, the designation, application, approval, waiver of statutes, policies, rule and interpretations, employee approval, employee transfers, progress reviews, reports and revocations and job postings, subject to the following:
  (1) For purposes of this section, a "school, a group of schools or a school district" means a high school, a group of schools comprised of a high school and any of the elementary and middle schools whose students will attend the high school, or a school district whose graduation rate in the year in which an application is made is less than ninety percent based on the latest available school year data published by the Department of Education;
  (2) The contents of the application for designation as a Local Solution Dropout Prevention and Recovery Innovation Zone must include a description of the dropout prevention and recovery strategies and that the school, group of schools or school district plans to implement if designated as a Local Solution Dropout Prevention and Recovery Innovation Zone, and any other information the state board requires. The application also shall include a list of all county and state board rules, policies and interpretations, and all statutes, if any, identified as prohibiting or constraining the implementation of the plan, including an explanation of the specific exceptions to the rules, policies and interpretations and statutes required for plan implementation. A school, a group of schools, or school district may not request an exception nor may an exception be granted from any of the following:
  (i) An assessment program administered by the West Virginia Department of Education;
  (ii) Any provision of law or policy required by the No Child Left Behind Act of 2001, Public Law No. 107-110 or other federal law; and
  (iii) Section seven, article two and sections seven-a, seven- b, eight and eight-b, article four, chapter eighteen-a of this code, except as provided in section eight of this article;
  (3) The factors to be considered by the state board when evaluating an application shall include, but are not limited to, the following:
  (A) Evidence that other individuals or entities and community organizations are involved as partners to collectively work with the applicant to achieve the purposes as outlined in the dropout prevention and recovery plan. These individuals or entities and community organizations may include, but are not limited to, individuals or entities and community organizations such as parents, local elected officials, business leaders, faith-based leaders, human service personnel, judicial personnel, civic leaders community and technical colleges Higher education institutions;
  (B) The level of commitment and support of staff, parents, students, the county board of education, the local school improvement council and the school's business partners as determined in accordance with this article apply to become a Local Solutions Dropout Prevention and Recovery Innovation Zone;
  (C) The potential for an applicant to be successful in building community awareness of the high school dropout problem and developing and implementing its dropout prevention and recovery plan; and
  (D) Implementation of the statewide system of easily identifiable early warning indicators of students at risk of not completing high school developed by the state board in accordance with section six, article eight of this chapter, known as The High School Graduation Improvement Act, along with a plan of interventions to increase the number of students earning a high school diploma;
  (4) The rule shall provide standards for the state board to review applications for designation as a Local Solutions Dropout Prevention and Recovery Innovation Zones;
  (5) The application for designation as a Local Solutions Dropout Prevention and Recovery Innovation Zone under this section is subject to approval in accordance with sections five and six of this article. In addition to those approval stages, the application, if approved by the school employees, shall be presented to the local school improvement council for approval prior to submission to county superintendent and board. Approval by the local school improvement council is obtain when at least eighty percent of the local school improvement council members present and voting after a quorum is established vote in favor of the application; and
  (6) Upon approval by the state board and state superintendent of the application, all exceptions to county and state board rules, policies and interpretations listed within the plan are granted. The applicant school, group of schools or school district shall proceed to implement the plan as set forth in the approved application and no further plan submissions or approval are required, except that if an innovation zone plan, or a part thereof, may not be implemented unless an exception to a statute is granted by Act of the Legislature, the state board and state superintendent may approve the plan, or the part thereof, only upon the condition that the Legislature acts to grant the exception as provided in this article.
__(d) A county board that enters into a truancy program agreement with the circuit court of the county that: (1) Provides for the referral of truant juveniles for supervision by the court's probation office pursuant to section eleven, article five, chapter forty-nine of this code; and (2) requires the county board to pay the costs of the probation officer or officers assigned to supervise truant juveniles, may apply to the state board for a dropout prevention and recovery innovation zone grant for reimbursement of one half of the costs of the probation officer or officers. This application is not subject to any of the requirements for other applications under this section. The state board shall coordinate the application deadlines and grant approvals under this section to ensure funding for this purpose. If the funds available are insufficient to award all eligible grant applications at the full amount, the award amounts shall be reduced pro rata.
__~~(d)~~ (e) Local Solutions Dropout Prevention and Recovery Fund. --
  There is hereby created in the State Treasury a special revenue fund to be known as the Local Solutions Dropout Prevention and Recovery Fund. The fund shall consist of all moneys received from whatever source to further the purpose of this article. The fund shall be administered by the state board solely for the purposes of this section. Any moneys remaining in the fund at the close of a fiscal year shall be carried forward for use in the next fiscal year. Fund balances shall be invested with the state's consolidated investment fund and any and all interest earnings on these investments shall be used solely for the purposes that moneys deposited in the fund may be used pursuant to this section.;
And,
  By striking out the title and substituting therefor a new title, to read as follows:
  Eng. Senate Bill No. 623--A Bill to amend and reenact §18-5B-11 of the Code of West Virginia, 1931, as amended, relating to dropout prevention and recovery innovation zone grants for truancy probation; providing eligibility and purpose of grant; exempting applications from other requirements of section; providing for coordination of deadlines and approvals; and requiring prorata reduction of awards if funds insufficient.
  On motion of Senator Unger, the Senate refused to concur in the foregoing House amendments to the bill (Eng. S. B. No. 623) and requested the House of Delegates to recede therefrom.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
  Com. Sub. for Senate Concurrent Resolution No. 10, Requesting DOH name bridge in Lincoln County "Shelton Topping Bridge".
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
  Com. Sub. for Senate Concurrent Resolution No. 15, Requesting DOH name Logan County Route 5/12 "Army Private First Class Troy Franklin Tomblin Memorial Highway".
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
  Com. Sub. for Senate Concurrent Resolution No. 20, Requesting DOH name portion of State Route 80 in McDowell County "Army PFC Phill G. McDonald Memorial Highway".
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
  Com. Sub. for Senate Concurrent Resolution No. 29, Requesting DOH name bridge number 20-64-54.37 "Army Cpl. Kenneth R. Hess Bridge".
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
  Senate Concurrent Resolution No. 30, Requesting DOH name bridge in Wyoming County "Army SP4 Jackie (Hearn) McMillion Memorial Bridge".
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
  Senate Concurrent Resolution No. 32, Requesting DOH name bridge in Monongalia County "U. S. Army and Air National Guard Col. Garry L. Bowers-Ices Ferry Bridge" .
  A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
  Eng. Com. Sub. for House Bill No. 2014--A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution.
  At the request of Senator Unger, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
  On motion of Senator Unger, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
  On suspending the constitutional rule, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  The bill (Eng. Com. Sub. for H. B. No. 2014) was then read a second time.
  On motion of Senator Prezioso, the following amendment to the bill was reported by the Clerk and adopted:
  By striking out everything after the enacting section and inserting in lieu thereof the provisions of Engrossed Committee Substitute for Senate Bill No. 143.
  The bill, as amended, was then ordered to third reading.
  Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2014) was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
  The nays were: Barnes--1.
  Absent: None.
  So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2014) passed with its title.
  Senator Unger moved that the bill take effect from passage.
  On this question, the yeas were: Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
  The nays were: Barnes--1.
  Absent: None.
  So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2014) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
  Eng. Com. Sub. for House Bill No. 2453, Expanding the Amber Alert Plan; "SKYLAR'S LAW.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
  Eng. Com. Sub. for House Bill No. 2497, Requiring applicants for real estate licensure to undergo criminal history record checks.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, to take effect from passage, of
  Eng. House Bill No. 2542, Relating to publication of the State Register.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amended title, passage as amended, of
  Eng. Com. Sub. for House Bill No. 2554, Providing a procedure for the Secretary of State to reinstate certificates of authority for foreign corporations.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, to take effect from passage, of
  Eng. House Bill No. 2586, Relating to qualifications for a license to practice embalming.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, to take effect from passage, of
  Eng. Com. Sub. for House Bill No. 2603, Relating to the Family Protection Services Board.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
  Eng. Com. Sub. for House Bill No. 2913, Specifying procedures for adjusting payments to correct for an erroneous distribution of moneys dedicated, distributed or directed to a state or local governmental subdivision.
  A message from The Clerk of the House of Delegates announced concurrence with the Senate in making effective July 1, 2013, of
  Eng. House Bill No. 2968, Authorizing the use of an additional medium for use in archiving the records.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
  Eng. Com. Sub. for House Bill No. 2979, Relating to broadband deployment projects.
  A message from The Clerk of the House of Delegates announced that that body had refused to recede from its amendments, and requested the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses, as to
  Eng. Com. Sub. for Senate Bill No. 265, Authorizing DHHR promulgate legislative rules.
  The message further announced the appointment of the following conferees on the part of the House of Delegates:
  Delegates Poore, Fleischauer and Sobonya.
  On motion of Senator Unger, the Senate agreed to the appointment of a conference committee on the bill.
  Whereupon, Senator Kessler (Mr. President) appointed the following conferees on the part of the Senate:
  Senators Jenkins, Cookman and Cole.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  A message from The Clerk of the House of Delegates announced that that body had refused to recede from its amendments, and requested the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses, as to
  Eng. Com. Sub. for Senate Bill No. 386, Relating to personal safety orders.
  The message further announced the appointment of the following conferees on the part of the House of Delegates:
  Delegates Fleischauer, Manchin and Shott.
  On motion of Senator Unger, the Senate agreed to the appointment of a conference committee on the bill.
  Whereupon, Senator Kessler (Mr. President) appointed the following conferees on the part of the Senate:
  Senators Miller, Cookman and Nohe.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  At the request of Senator Unger, unanimous consent being granted, Senator Unger addressed the Senate regarding today's anticipated procedure.
  At the request of Senator Unger, and by unanimous consent, the Senate proceeded to the eighth order of business.
  Eng. Com. Sub. for Senate Bill No. 143, Budget Bill.
  On third reading, coming up in regular order, was reported by the Clerk.
  On motion of Senator Unger, the bill was recommitted to the Committee on Finance.
  Eng. House Bill No. 2158, Relating to the provision of financially-related services by banks and bank holding companies.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2158) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  Eng. Com. Sub. for House Bill No. 2265, Relating to the school access safety act.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2265) passed.
  At the request of Senator Plymale, as chair of the Committee on Education, and by unanimous consent, the unreported Education committee amendment to the title of the bill was withdrawn.
  On motion of Senator Stollings, the following amendment to the title of the bill was reported by the Clerk and adopted:
  Eng. Com. Sub. for House Bill No. 2265--A Bill to amend and reenact §18-9F-9 of the Code of West Virginia, 1931, as amended, relating to requiring protocols for injuries and other medical emergencies on school property after normal school hours be included in school crisis response plans by certain date; including certain provisions for protocols on sports injuries; limiting liability for health care professionals who provide medical services with no remuneration; and removing outdated provisions related to rule promulgation.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Com. Sub. for House Bill No. 2352, Clarifying that the West Virginia Department of Environmental Protection does not assume a mine operator's obligations or liabilities under the Water Pollution Control Act.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2352) passed.
  The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
  Eng. Com. Sub. for House Bill No. 2352--A Bill to amend and reenact §22-3-11 of the Code of West Virginia, 1931, as amended, relating generally to bonding and special reclamation tax for coal mining permits; and providing tax incentives for mine operators who reclaim bond forfeiture sites.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Com. Sub. for House Bill No. 2360, Relating to public school support computation of local share.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2360) passed.
  At the request of Senator Plymale, as chair of the Committee on Education, and by unanimous consent, the unreported Education committee amendment to the title of the bill was withdrawn.
  On motions of Senators Plymale and Sypolt the following amendment to the title of the bill was reported by the Clerk and adopted:
  Eng. Com. Sub. for House Bill No. 2360--A Bill to amend and reenact §11-1C-5b of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-9A-11 of said code, all relating to calculating local share for the purpose of public school support; clarifying effective date; modifying annual deadline for the Tax Commissioner to calculate the total assessed values for the purpose of calculating local share for each county and report the total assessed values to the State Board of Education; requiring actual assessed values to be used for the purposes of calculating local share for the first tax year a county's assessments are below the required level; requiring the Property Valuation Training and Procedures Commission to notify the county assessor that assessments are below the required level; requiring the use of assumed assessed values for the second consecutive year and consecutive years thereafter that assessments are below the required level; and requiring the use of projections or estimations for required preliminary computations of local share.
  Senator Unger moved that the bill take effect July 1, 2013.
  On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2360) takes effect July 1, 2013.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. House Bill No. 2434, Relating to compensation in the magistrate court system.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2434) passed.
  The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
  Eng. House Bill No. 2434--A Bill to amend and reenact §50-1-3, §50-1-8, §50-1-9 and §50-1-9a of the Code of West Virginia, 1931, as amended, all relating to adjusting the population line upon which salaries for magistrates and certain magistrate employees are calculated; adjusting certain salaries; providing an effective date; and providing that the amendments are retroactive to January 1, 2013.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. House Bill No. 2469, Increasing the cap on earnings during temporary reemployment after retirement.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2469) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Com. Sub. for House Bill No. 2470, Relating to sign support specialist or an educational sign language interpreter in the education of exceptional children.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2470) passed with its title.
  Senator Unger moved that the bill take effect July 1, 2013.
  On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2470) takes effect July 1, 2013.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  Eng. Com. Sub. for House Bill No. 2490, Providing for the appointment of veterans advocates at state institutions of higher education.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2490) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Com. Sub. for House Bill No. 2491, Establishing a uniform policy for students enrolled in institutions of higher education who are called up for duty in the military.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2491) passed.
  At the request of Senator Wells, as chair of the Committee on Military, and by unanimous consent, the unreported Military committee amendment to the title of the bill was withdrawn.
  The following amendment to the title of the bill, from the Committee on Education, was reported by the Clerk and adopted:
  Eng. Com. Sub. for House Bill No. 2491--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-4-10, relating to providing for uniform course completion for certain higher education students performing certain military service; requiring the Higher Education Policy Commission and the West Virginia Council for Community and Technical College Education to promulgate a joint rule; setting forth elements the rule is to address; and providing a definition for the term "called to military duty".
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Com. Sub. for House Bill No. 2498, Making it a crime for a person sitting on a grand jury to disclose the identity of an individual who will be indicted.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On this question, the yeas were: Edgell, Fitzsimmons, Laird, Palumbo, Prezioso, Snyder, Unger, Wells and Kessler (Mr. President)--9.
  The nays were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Facemire, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, McCabe, Miller, Nohe, Plymale, Stollings, Sypolt, Tucker, Walters, Williams and Yost--25.
  Absent: None.
  So, a majority of all the members present and voting not having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2498) rejected.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  Eng. Com. Sub. for House Bill No. 2513, Improving enforcement of drugged driving offenses.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2513) passed.
  At the request of Senator Palumbo, as chair of the Committee on the Judiciary, and by unanimous consent, the unreported Judiciary committee amendment to the title of the bill was withdrawn.
  On motion of Senator Palumbo, the following amendment to the title of the bill was reported by the Clerk and adopted:
  Eng. Com. Sub. for House Bill No. 2513--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §17C-1-67 and §17C-1-68; to amend and reenact §17C-5-4, §17C-5-6, §17C-5-7, §17C-5-8 and §17C-5-9 of said code; and to amend said code by adding thereto a new section, designated §17C-5-12, all relating to the enforcement of laws prohibiting the operation of a motor vehicle, motorboat, jet ski or other motorized vessel while under the influence of alcohol, controlled substance or drugs generally; defining "drug" and "controlled substance"; correcting reference to period of license suspension for failure to submit to certain tests to provide consistency with other provisions of law; authorizing law-enforcement agencies to designate more than one secondary chemical test to be administered; maintaining the exception to a license revocation for the refusal to submit to a blood test; requiring training of law-enforcement officers; including controlled substances and drugs in blood test administration procedures; providing the drugs or classes of drug to be included in a chemical analysis; requiring the Bureau for Public Health to prescribe minimum levels of substance or drugs in order to be admissible; authorizing emergency rules; requiring the Bureau for Public Health to review current methods and standards; requiring a blood specimen to test for controlled substances or drugs to be taken within four hours of arrest; prohibiting testing results to be used as evidence in a criminal prosecution for the possession of a controlled substance; providing that refusal to provide a blood sample may be admissible in a criminal prosecution for operation of a motor vehicle while under the influence of alcohol controlled substance or drugs; eliminating urine test as a possible secondary chemical test; and requiring the Bureau for Public Health to report to the Legislature.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Com. Sub. for House Bill No. 2531, Relating to the practice of speech-language pathology and audiology.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2531) passed.
  The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
  Eng. Com. Sub. for House Bill No. 2531--A Bill to amend and reenact §30-32-1, §30-32-2, §30-32-3, §30-32-4, §30-32-5, §30-32-6, §30-32-7, §30-32-8, §30-32-9, §30-32-10, §30-32-11, §30-32-12, §30-32-13, §30-32-14, §30-32-15, §30-32-16, §30-32-17, §30-32-18, §30-32-19, §30-32-20 and §30-32-21 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §30-32-22 and §30-32-23, all relating to the Board of Examiners of Speech-language Pathology and Audiology; setting forth unlawful acts; providing exemptions; specifying applicability of other law; providing definitions; continuing the Board of Examiners for Speech-Language Pathology and Audiology; specifying qualifications of board members; providing terms and conditions of board members' service; providing for election of board officers; providing for compensation and expense reimbursement of board members; setting forth powers and duties of the board; providing rule-making authority; continuing the Board of Examiners for Speech-Language Pathology and Audiology Fund; providing qualifications for practicing speech-language pathology or audiology; providing for provisional licenses to practice while attaining required postgraduate professional experience; providing for waiver of requirements for persons who hold a license from another state with substantially equivalent standards; providing for practice pending disposition of application; providing scopes of practice for speech-language pathology and audiology; requiring speech-language pathology assistants and audiology assistants to register with the board; providing registration and supervision requirements for speech-language pathology assistants and audiology assistants; authorizing telepractice; providing conditions and requirements for telepractice; providing for renewal of licenses and registrations; providing for renewal of lapsed licenses and registrations; providing for the suspension, revocation and refusal to renew licenses and registrations; providing for the reinstatement of revoked licenses and registrations; authorizing actions to enjoin violations; providing for the investigation of complaints; setting forth complaint procedures and hearing procedures; establishing grounds for disciplinary actions; providing for rights of appeal and judicial review; providing that a single act is sufficient to justify disciplinary action; providing for criminal proceedings; providing for criminal penalties; and requiring the Legislative Auditor to present a report to the Joint Standing Committee on Government Organization on the requirements for speech-language pathologists, audiologists and assistants to practice in public schools.
  Senator Unger moved that the bill take effect from passage.
  On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2531) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Com. Sub. for House Bill No. 2534, Relating to the regulation of pawn brokers.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Beach, Boley, Cann, Chafin, Cookman, Edgell, Facemire, Fitzsimmons, Jenkins, Kirkendoll, Laird, McCabe, Miller, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Yost and Kessler (Mr. President)--25.
  The nays were: Barnes, Blair, Carmichael, Cole, Green, D. Hall, M. Hall, Nohe and Walters--9.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2534) passed.
  At the request of Senator Snyder, as chair of the Committee on Government Organization, and by unanimous consent, the unreported Government Organization committee amendment to the title of the bill was withdrawn.
  The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
  Eng. Com. Sub. for House Bill No. 2534--A Bill to amend the Code of West Virginia, 1931, as amended by adding thereto a new article, designated §47-26-1, §47-26-2, §47-26-3 and §47-26-4, all relating to the regulation of pawn brokers; defining terms; requiring transaction records; creating offenses; specifying misdemeanor criminal penalty for violations; requiring record retention; and allowing for additional local regulation by municipalities or counties.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Com. Sub. for House Bill No. 2538, Expiring, supplementing, amending, increasing, and adding items of appropriation in various accounts.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2538) passed.
  The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
  Eng. Com. Sub. for House Bill No. 2538--A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2013, in the amount of $5,500,000 from the Governor's Office, Civil Contingent Fund, fund 0105, fiscal year 2009, organization 0100, activity 236, and in the amount of $1,500,000 from the State Election Commission, Supreme Court Public Campaign Financing Fund, fund 1690, fiscal year 2013, organization 1601, and in the amount of $2,500,000 from the Department of Administration, Office of the Secretary, State Employee Sick Leave Fund, fund 2045, fiscal year 2013, organization 0201, and in the amount of $18,317,356.29 from the Department of Administration, Education, Arts, Sciences and Tourism Debt Service Fund, fund 2252, fiscal year 2013, organization 0211, and in the amount of $3,800,000 from the Department of Administration, Division of General Services, 2004 Capitol Complex Parking Garage Fund, fund 2461, fiscal year 2013, organization 0211, and in the amount of $8,000,000 from the Department of Administration, Board of Risk and Insurance Management, Premium Tax Savings Fund, fund 2367, fiscal year 2013, organization 0218, and in the amount of $5,000,000 from the West Virginia Health Care Authority, Health Care Cost Review Fund, fund 5375, fiscal year 2013, organization 0507, and in the amount of $2,000,000 from the Department of Health and Human Resources, Division of Human Services, Low Income Energy Assistance Program Fund, fund 5081, fiscal year 2013, organization 0511, and in the amount of $4,600,000 from the Department of Revenue, State Budget Office, Public Employees Insurance Reserve Fund, fund 7400, fiscal year 2013, organization 0703, and in the amount of $24,500,000 from the Department of Revenue, Insurance Commissioner, Insurance Commission Fund, fund 7152, fiscal year 2013, organization 0704, and in the amount of $14,736,022 from the Department of Revenue, Lottery Commission, Revenue Center Construction Fund, fund 7209, fiscal year 2013, organization 0705, and in the amount of $3,000,000 from the Public Service Commission, fund 8623, fiscal year 2013, organization 0926, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Governor's Office, Civil Contingent Fund, fund 0105, fiscal year 2013, organization 0100, to the Department of Administration, Division of Finance, fund 0203, fiscal year 2013, organization 0209, to the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2013, organization 0307, to the Department of Commerce, Division of Natural Resources, fund 0265, fiscal year 2013, organization 0310, to the Department of Education and the Arts, Office of the Secretary, fund 0294, fiscal year 2013, organization 0431, to the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2013, organization 0506, to the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2013, organization 0511, to the Department of Military Affairs and Public Safety - Office of the Secretary, fund 0430, fiscal year 2013, organization 0601, to the Department of Military Affairs and Public Safety, Division of Corrections - Correctional Units, fund 0450, fiscal year 2013, organization 0608, to the West Virginia Council for Community and Technical College Education - Control Account, fund 0596, fiscal year 2013, organization 0420, and to the Higher Education Policy Commission - Control Account, fund 0586, fiscal year 2013, organization 0442, by supplementing and amending the appropriations for the fiscal year ending June 30, 2013.
  WHEREAS, The Legislature finds that the account balances in the Governor's Office, Civil Contingent Fund, fund 0105, fiscal year 2009, organization 0100, activity 236, the State Election Commission, Supreme Court Public Campaign Financing Fund, fund 1690, fiscal year 2013, organization 1601, the Department of Administration, Office of the Secretary, State Employee Sick Leave Fund, fund 2045, fiscal year 2013, organization 0201, the Department of Administration, Education, Arts, Sciences and Tourism Debt Service Fund, fund 2252, fiscal year 2013, organization 0211, the Department of Administration, Division of General Services, 2004 Capitol Complex Parking Garage Fund, fund 2461, fiscal year 2013, organization 0211, the Department of Administration, Board of Risk and Insurance Management, Premium Tax Savings Fund, fund 2367, fiscal year 2013, organization 0218, the West Virginia Health Care Authority, Health Care Cost Review Fund, fund 5375, fiscal year 2013, organization 0507, the Department of Health and Human Resources, Division of Human Services, Low Income Energy Assistance Program Fund, fund 5081, fiscal year 2013, organization 0511, the Department of Revenue, State Budget Office, Public Employees Insurance Reserve Fund, fund 7400, fiscal year 2013, organization 0703, the Department of Revenue, Insurance Commissioner, Insurance Commission Fund, fund 7152, fiscal year 2013, organization 0704, the Department of Revenue, Lottery Commission, Revenue Center Construction Fund, fund 7209, fiscal year 2013, organization 0705, the Public Service Commission, fund 8623, fiscal year 2013, organization 0926, exceed that which is necessary for the purposes for which the accounts were established; and
  WHEREAS, The Governor submitted to the Legislature the Executive Budget document, dated February 13, 2013, which included a Statement of the State Fund, General Revenue, setting forth therein the cash balance as of July 1, 2012, and further included the estimate of revenues for the fiscal year 2013, less net appropriation balances forwarded and regular appropriations for the fiscal year 2013; and
  WHEREAS, It appears from the Executive Budget document, Statement of the State Fund, General Revenue, and this legislation, there now remains an unappropriated surplus balance in the State Treasury which is available for appropriation during the fiscal year ending June 30, 2013; therefore
  Senator Unger moved that the bill take effect from passage.
  On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2538) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. House Bill No. 2541, Making a supplementary appropriation from the State Fund, State Excess Lottery Revenue Fund, to the Department of Health and Human Resources, Division of Human Services.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2451) passed with its title.
  Senator Unger moved that the bill take effect from passage.
  On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2541) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence in the changed effective date.
  Eng. Com. Sub. for House Bill No. 2567, Relating to limited partnerships.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2567) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Com. Sub. for House Bill No. 2571, Relating to who may serve as members of the environmental quality board.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
  The nays were: M. Hall--1.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2571) passed.
  The following amendment to the title of the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
  Eng. Com. Sub. for House Bill No. 2571--A Bill to amend and reenact §22B-3-1 of the Code of West Virginia, 1931, as amended, relating to the Environmental Quality Board; removing outdated language; providing that board members may serve on the board until their successor is appointed; permitting individuals who receive a portion of income from state agencies, other than the Department of Environmental Protection, who hold or are applicants to hold certain environment permits to serve on the board; and prohibiting board members who are employed or have been employed by a state agency from voting on a matter concerning a permit issued to that agency.
  Senator Unger moved that the bill take effect from passage.
  On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
  The nays were: M. Hall--1.
  Absent: None.
  So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2571) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Com. Sub. for House Bill No. 2577, Relating to the practice of pharmacist care.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2577) passed.
  At the request of Senator Stollings, as chair of the Committee on Health and Human Resources, and by unanimous consent, the unreported Health and Human Resources committee amendment to the title of the bill was withdrawn.
  The following amendment to the title of the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
  Eng. Com. Sub. for House Bill No. 2577--A Bill to repeal §30-5-1a, §30-5-1b, §30-5-2a, §30-5-3a, §30-5-5a, §30-5-5b, §30-5-6a, §30-5-7a, §30-5-7b, §30-5-7c, §30-5-9a, §30-5-10a, §30-5-12c, §30-5-14a, §30-5-14b, §30-5-16a, §30-5-16b, §30-5-16c and §30-5-22a of the Code of West Virginia, 1931, as amended; to amend and reenact §29-29-3 of said code; to amend and reenact §30-5-1, §30-5-2, §30-5-3, §30-5-4, §30-5-5, §30-5-6, §30-5-7, §30-5-8, §30-5-9, §30-5-10, §30-5-11, §30-5-12, §30-5-13, §30-5-14, §30-5-15, §30-5-16, §30-5-17, §30-5-18, §30-5-19, §30-5-20, §30-5-21, §30-5-22, §30-5-23, §30-5-24, §30-5-26, §30-5-27, §30-5-28 and §30-5-30 of said code; to amend said code by adding thereto six new sections, designated §30-5-25, §30-5-29, §30-5-31, §30-5-32, §30-5-33 and §30-5-34; to amend and reenact §60A-8-7 of said code; to amend and reenact §60A-10-3 of said code; and to amend and reenact §60A-10-5 of said code, all relating to pharmacy practice; prohibiting the practice of pharmacist care without a license; permitting a licensed practitioner to dispense in certain settings; providing other applicable sections; providing definitions; providing for board composition and qualifications; setting forth the powers and duties of the board; clarifying rule-making authority; continuing a special revenue account; establishing license, registration and permit requirements; establishing qualifications for licensure as a pharmacist and registration as a pharmacy technician; creating a scope of practice for pharmacists and pharmacy technicians; establishing requirements for a pharmacy intern to assist in practice of pharmacy care; creating a temporary permit; prohibiting the dispensing of prescription orders in absence of a practitioner-patient relationship; providing for reciprocal licensure; establishing renewal requirements; providing for exemptions from licensure; creating a special volunteer license; providing requirement to participate in collaborative pharmacy practice; providing for collaborative pharmacy practice agreements; providing requirements for dispensing generic drugs; requiring and authorizing registration of pharmacies; establishing for permit for mail-order pharmacies and the manufacturing of drugs; providing requirements of filling prescriptions; providing requirements for the display of a board authorization; establishing requirements for pharmacist-in- charge; setting forth limitations of the article; permitting the board to file an injunction; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing duty to warn; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal offenses are to be reported to law enforcement; and updating internal references.
  Senator Unger moved that the bill take effect July 1, 2013.
  On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2577) takes effect July 1, 2013.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Com. Sub. for House Bill No. 2590, Creating a public nonprofit corporation and governmental instrumentality to collectively address several environmental and economic development programs.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2590) passed.
  The following amendment to the title of the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
  Eng. Com. Sub. for House Bill No. 2590--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-21-1, §31-21-2, §31-21-3, §31-21-4, §31-21- 5, §31-21-6, §31-21-7, §31-21-8, §31-21-9, §31-21-10, §31-21-11, §31-21-12, §31-21-13, §31-21-14, §31-21-15, §31-21-16, §31-21-17, §31-21-18, §31-21-19 and §31-21-20, all relating to authorizing the creation of a public nonprofit corporation and governmental instrumentality to facilitate the redevelopment of former commercial, industrial and mining properties subject to federal and state regulations because of contamination or pollution discharge; providing short title; declaring policy and purpose of article; defining terms; creating West Virginia Land Stewardship Corporation; requiring corporation to apply for recognition of nonprofit status; providing eligibility for properties to participate; stating certain tax requirements; setting forth powers and limitations of West Virginia Land Stewardship Corporation; providing for board of directors and composition of same; providing for creation of voluntary land stewardship program; providing for underwriting review of land stewardship program applicants; authorizing establishment of state certified sites program; setting forth minimum standards for certification under state certified sites program and assessment of fees therefor; authorizing establishment of voluntary state land bank program; prohibiting the transfer of certain liabilities to land bank by prior owner; permitting land stewardship corporation to preserve property value of properties held by land stewardship corporation; authorizing land bank to acquire, dispose or otherwise manage real property; providing requirements for handling of contaminated properties by land stewardship corporation; providing for liberal construction of article; authorizing the Department of Environmental Protection to investigate corporation activities and take necessary actions; exempting corporation from certain state and local taxes; specifying payments in lieu of tax and tax exemption for leased property; requiring corporation to notify certain county officials upon receipt of an application for a site to participate in the land bank program; requiring audits and biannual reports; providing procedure for dissolution of land stewardship corporation upon completion of purpose and for disposal of properties possessed by the corporation; providing provision for conflict of interest of land stewardship corporation officers, employees and board members; stating preservation of sovereign immunity; and providing that obligations of land stewardship corporation are not obligations of the Department of Environmental Protection or the state.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Com. Sub. for House Bill No. 2600, Creating resort area districts.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2600) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  At the request of Senator Miller, unanimous consent being granted, Senator Miller addressed the Senate regarding a meeting of the committee of conference on Engrossed Committee Substitute for Senate Bill No. 386.
  The Senate resumed consideration of its third reading calendar, the next bill coming up in numerical sequence being
  Eng. Com. Sub. for House Bill No. 2689, Authorizing miscellaneous Boards and Agencies to promulgate legislative rules.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2689) passed.
  On motion of Senator Palumbo, the following amendment to the title of the bill was reported by the Clerk and adopted:
  Eng. Com. Sub. for House Bill No. 2689--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Board of Medicine to promulgate a legislative rule relating to practitioner requirements for accessing the West Virginia controlled substances monitoring program data base; authorizing the Board of Medicine to promulgate a legislative rule relating to licensure, disciplinary and complaint procedures; continuing education; and physician assistants; authorizing the Board of Medicine to promulgate a legislative rule relating to continuing education for physicians and podiatrists; authorizing the Board of Optometry to promulgate a legislative rule relating to continuing education; authorizing the Board of Osteopathic Medicine to promulgate a legislative rule relating to licensing procedures for osteopathic physicians; authorizing the Board of Osteopathic Medicine to promulgate a legislative rule relating to practitioner requirements for controlled substances licensure and accessing the West Virginia controlled substances monitoring program database; authorizing the Board of Osteopathic Medicine to promulgate a legislative rule relating to osteopathic physician assistants; authorizing the Board of Pharmacy to promulgate a legislative rule relating to ephedrine and pseudoephedrine control; authorizing the Board of Pharmacy to promulgate a legislative rule relating to controlled substances monitoring; authorizing the Real Estate Appraiser Licensing and Certification Board to promulgate a legislative rule relating to requirements for licensure and certification; authorizing the Real Estate Appraiser Licensing and Certification Board to promulgate a legislative rule relating to renewal of licensure - qualifications for renewal; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to fees for services rendered by the Board and supplemental renewal fee for the center for nursing; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to practitioner requirements for accessing the West Virginia controlled substances monitoring program database; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to the announcement of advanced practice; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to limited prescriptive authority for nurses in advanced practice; authorizing the Secretary of State to promulgate a legislative rule relating to the Uniform Commercial Code; authorizing the Secretary of State to promulgate a legislative rule relating to administration of the address confidentiality program; authorizing the Secretary of State to promulgate a legislative rule relating to the regulation of political party headquarters financing; authorizing the Secretary of State to promulgate a legislative rule relating to the regulation of late registration; authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to the procedures, criteria and curricula for examination and licensure of barbers, cosmetologists, nail technicians, aestheticians and hair stylists; authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to barber apprenticeships; authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to the operational standards for schools of barbering and beauty culture; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to animal disease control; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to poultry litter and manure movement into primary poultry breeder rearing areas; authorizing the Board of Architects to promulgate a legislative rule relating to the registration of architects; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the Board; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to practitioner requirements for accessing the West Virginia controlled substances monitoring program database; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to continuing education requirements; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the expanded duties of dental hygienists and dental assistants; authorizing the Hatfield-McCoy Regional Recreation Authority to promulgate a legislative rule relating to rules for use of the facility; authorizing the Treasurer's Office to promulgate a legislative rule relating to the enforcement of the Uniform Unclaimed Property Act; authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to the organization and operation and licensing of veterinarians; authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to a schedule of fees; authorizing the Board of Social Work to promulgate a legislative rule relating to a fee schedule; authorizing the Board of Social Work to promulgate a legislative rule relating to qualifications for the profession social work; authorizing the Board of Social Work to promulgate a legislative rule relating to applications; authorizing the Board of Social Work to promulgate a legislative rule relating to continuing education for social workers and providers; authorizing the Board of Social Work to promulgate a legislative rule relating to a code of ethics; authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to the licensure of speech-pathology and audiology; and authorizing the Conservation Committee to promulgate a legislative rule relating to the operation of the West Virginia State Conservation Committee and conservation districts.
  Senator Unger moved that the bill take effect from passage.
  On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2689) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Com. Sub. for House Bill No. 2716, Relating to the West Virginia Fairness in Competitive Bidding Act.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2716) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  Eng. Com. Sub. for House Bill No. 2717, Requiring that deputy sheriffs be issued ballistic vests upon law-enforcement certification.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2717) passed with its title.
  Senator Unger moved that the bill take effect July 1, 2013.
  On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2717) takes effect July 1, 2013.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Com. Sub. for House Bill No. 2727, Relating to the school aid formula.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2727) passed.
  At the request of Senator Plymale, as chair of the Committee on Education, and by unanimous consent, the unreported Education committee amendment to the title of the bill was withdrawn.
  The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
  Eng. Com. Sub. for House Bill No. 2727--A Bill to amend and reenact §18-9A-7 and §18-9A-8a of the code of West Virginia, 1931, as amended, all relating to the school aid formula; adjusting the foundation school program allowance for transportation costs by limiting the ten percent additional percentage allowance for alternative fuel vehicles to school buses using compressed natural gas; providing for phased-in elimination of the additional percentage for bio-diesel as an alternative fuel; and adjusting the foundation allowance by reducing the maximum allocation for regional education service agencies (RESA).
  Senator Unger moved that the bill take effect July 1, 2013.
  On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2727) takes effect July 1, 2013.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Com. Sub. for House Bill No. 2730, Relating to the Real Estate Appraisal Board.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2730) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  Eng. Com. Sub. for House Bill No. 2731, Regulating the performance of health maintenance tasks by unlicensed personnel.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2731) passed with its title.
  Senator Unger moved that the bill take effect from passage.
  On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2731) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Com. Sub. for House Bill No. 2733, Relating to hearings before the Office of Administrative Hearings.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2733) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Com. Sub. for House Bill No. 2738, Relating to the Center for Nursing.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2738) passed.
  At the request of Senator Stollings, as chair of the Committee on Health and Human Resources, and by unanimous consent, the unreported Health and Human Resources committee amendment to the title of the bill was withdrawn.
  The following amendment to the title of the bill, from the Committee on Education, was reported by the Clerk and adopted:
  Eng. Com. Sub. for House Bill No. 2738--A Bill to repeal §30- 7B-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §18C-3-2 and §18C-3-3 of said code; to amend said code by adding thereto a new section, designated §18C-3-4; and to amend and reenact §30-7B-2, §30-7B-3, §30-7B-4, §30-7B-5, §30-7B-6, §30-7B-7 and §30-7B-9 of said code, all relating generally to administration of financial aid and higher education scholarship programs by the Higher Education Policy Commission; redesignating the Health Sciences Scholarship Program as the Health Science Service Program; expanding program eligibility and award amounts; redefining medically underserved areas; providing state aid for certain students pursuing certain degrees; requiring a service commitment to state and setting forth alternatives to service; requiring legislative rules and specifying rule provisions; continuing Center for Nursing and placing it under supervision of the Higher Education Policy Commission; moving the Center for Nursing special revenue account to the Higher Education Policy Commission; updating provisions regarding funding of the special revenue account; updating the powers and duties of the Center for Nursing; reorganizing the center's board of directors, updating membership and powers and duties of the board; authorizing reimbursement for board members' actual and necessary expenses; requiring annual reports to the Legislative Oversight Commission on Health and Human Resources Accountability and the Legislative Oversight Commission on Education Accountability; providing for financial aid programs to benefit nurses who teach or practice in West Virginia; setting out minimum financial aid amounts for nurses; establishing conditions for receipt of financial aid for nursing students; providing for reimbursement by nursing students who fail to meet service requirements for receipt of financial aid; defining terms; deleting obsolete language and making technical changes.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Com. Sub. for House Bill No. 2747, Relating to Open Governmental Proceedings.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2747) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Com. Sub. for House Bill No. 2754, Relating to further defining a retailer engaging in business in this state for purposes of sales and use taxes.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2754) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  Eng. Com. Sub. for House Bill No. 2764, Relating to compulsory school attendance.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2764) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  Eng. House Bill No. 2770, Permitting dealers who sell fewer than eighteen new or used motor vehicles during a year to have their dealer licenses renewed.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2770) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  Eng. House Bill No. 2780, Relating generally to multidisciplinary team meetings for juveniles committed to the custody of the West Virginia Division of Juvenile Services.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2780) passed.
  The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
  Eng. House Bill No. 2780--A Bill to amend and reenact §49-5D-3 and §49-5D-3c of the Code of West Virginia, 1931, as amended, all relating generally to multidisciplinary team meetings for juveniles committed to the custody of the West Virginia Division of Juvenile Services; requiring such meetings be held quarterly; authorizing the directors of detention centers to call such meetings in certain circumstances; requiring assessments be provided in all cases to the court and team members; and requiring that team members be notified that he or she may participate in team meetings electronically.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Com. Sub. for House Bill No. 2805, Making the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program a permanent program.
  On third reading, coming up in regular order, was reported by the Clerk.
  At the request of Senator M. Hall, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's third reading calendar.
  Eng. House Bill No. 2814, Relating to human trafficking.
  On third reading, coming up in regular order, was reported by the Clerk.
  At the request of Senator Palumbo, and by unanimous consent, further consideration of the bill was deferred until the conclusion of bills on today's third reading calendar, following consideration of Engrossed Committee Substitute for House Bill No. 2805, already placed in that position.
  Eng. Com. Sub. for House Bill No. 2825, Relating to certain appointive state officers salaries.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Cann, Chafin, Edgell, Facemire, Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Yost and Kessler (Mr. President)--27.
  The nays were: Boley, Carmichael, Cole, Cookman, M. Hall, Nohe and Walters--7.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2825) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Com. Sub. for House Bill No. 2836, Allowing certain Commission on Special Investigations personnel the right to carry firearms.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2836) passed with its title.
  Senator Unger moved that the bill take effect from passage.
  On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2836) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  Eng. Com. Sub. for House Bill No. 2837, Amending various provisions of the Code affecting the Treasurer's Office.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2837) passed.
  The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
  Eng. Com. Sub. for House Bill No. 2837--A Bill to repeal §12-1-12c of the Code of West Virginia, 1931, as amended; to repeal §12-6B-1, §12-6B-2, §12-6B-3 and §12-6B-4 of said code; to amend and reenact §5-10B-13 of said code; to amend said code by adding thereto a new section, designated §5-10B-14; to amend and reenact §12-1-3, §12-1-8 and §12-1-11 of said code; to amend and reenact §12-2-2 and §12-2-3 of said code; to amend and reenact §12-3A-3 of said code; to amend said code by adding thereto a new section, designated §12-4-17; to amend and reenact §12-5-4 of said code; to amend and reenact §12-6A-1, §12-6A-2, §12-6A-3, §12-6A-4 and §12-6A-5, §12-6A-6 and §12-6A-7 of said code; to amend and reenact §12-6C-7 and §12-6C-9 of said code; to amend and reenact §33-3-14d of said code; and to amend and reenact §36-8-13 of said code, all relating to the state treasurer's office; authorizing the deferred compensation plan to accept qualified domestic relations orders; authorizing Roth accounts within the deferred compensation plan in accordance with the Internal Revenue Code; authorizing financial institutions to offer products in addition to certificates of deposit; updating references to investing authorities to include the Board of Treasury Investments; raising the amount of eligible deposits from $100,000 to the amount insured by a federal agency; providing requirements to be eligible depositories; providing for conflicts of interest for applicants and employees of the Treasurer's office in connection with financial institutions; authorizing depositories to submit reports in an electronic format; changing the requirement that deposits are required within twenty- four hours to one business day; changing the report to the Legislative Auditor for accounts outside the treasury from quarterly to an annual report; authorizing the Treasurer to determine the competitive bidding of banking, investment and related goods and services required for treasury operations; authorizing the Treasurer to develop procedures for storing, retaining and disposing of records for his or her office; ensuring the Director of the Division of Archives and History receives records with historical value; clarifying that the Treasurer is responsible for earnings received on securities, not just interest; consolidating the debt capacity division into the debt management division; providing legislative findings to acknowledge the importance of monitoring the debt of the state and its spending units; continuing Division of Debt Management as the central information source for debt issued by the state and its spending units; defining debt to include debentures, lease purchases, mortgages, securitizations and other types of obligations with specific amounts owed and payable on demand or on determinable dates; defining debt impact report, moral obligation bond, net tax supported debt and tax supported debt; defining spending unit; eliminating requirement for developing a long-term debt plan; authorizing the division to continuously evaluating debt and debt service requirements of the state and its spending units; authorizing the division to issue a debt impact report if requested by the Governor, Senate President or House of Delegates Speaker and that the report shall not restrict the Governor, Legislature or spending unit; requiring the division to monitor continuing disclosure requirements and post-issuance compliance issues; eliminating requirement that the debt management division provide staff for the debt capacity division; providing for reporting by the division and the spending units; requiring the division to prepare and issue the debt capacity report; authorizing the Treasurer to promulgate the rules in certain circumstances; altering the bond required for the Board of Treasury Investments from $50 million to at least $10 million, as set by the board; updating language pertaining to rating agencies to nationally recognized statistical rating organizations; permitting pools with weighted average maturity or duration of three hundred sixty-six days or more to invest in investment grade corporate debt securities; authorizing investments in money market and other fixed income funds; providing that securities falling out of compliance with the code do not have to be sold if the investment manager and investment consultant recommend retention; satisfying amounts due to and from policemen's and firemen's pension and relief funds and the Teachers Retirement System; and authorizing transfer of moneys from the Unclaimed Property Trust Fund for payment to policemen's and firemen's pension and relief funds.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. House Bill No. 2842, Clarifying that time-sharing plans, accommodations and facilities are subject to regulation by the Division of Land Sales and Condominiums.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2842) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  Eng. House Bill No. 2847, Relating to the collection of delinquent real property and personal property taxes.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2847) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  On motion of Senator Unger, the Senate recessed until 1:15 p.m. today.
  Upon expiration of the recess, the Senate reconvened and, at the request of Senator Unger, and by unanimous consent, returned to the fifth order of business.
Filed Conference Committee Reports
  The Clerk announced the following conference committee report had been filed at 1:27 p.m. today:
  Eng. Com. Sub. for Senate Bill No. 386, Relating to personal safety orders.
  At the request of Senator Unger, unanimous consent being granted, the Senate again proceeded to the eighth order of business, the next bill coming up in numerical sequence being
  Eng. Com. Sub. for House Bill No. 2848, Providing the process for requesting a refund after forfeiture of rights to a tax deed.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2848) passed.
  At the request of Senator Palumbo, as chair of the Committee on the Judiciary, and by unanimous consent, the unreported Judiciary committee amendment to the title of the bill was withdrawn.
  On motion of Senator Palumbo, the following amendment to the title of the bill was reported by the Clerk and adopted:
  Eng. Com. Sub. for House Bill No. 2848--A Bill to amend and reenact §11A-3-18, §11A-3-27, §11A-3-28 and §11A-3-55 of the Code of the West Virginia, 1931, as amended, all relating generally to the sale of tax liens and nonentered, escheated and waste and unappropriated lands; providing the process for requesting a refund after forfeiture of rights to a tax deed; clarifying deadlines for receipt of tax deeds and refunds related to failure to meet deadlines; modifying the requirements for petitioning to compel execution of a deed by the State Auditor; removing the provisions allowing judgment against the State Auditor for costs in the case of failure or refusal to execute a deed without reasonable cause; and providing for service of notice when mail is not deliverable to an address at the physical location of the property.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. House Bill No. 2851, Establishing a one time audit cost amnesty program for local governments with delinquent audit costs.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2851) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  Eng. House Bill No. 2861, Relating to continued enrollment of at-risk student in public school.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2861) passed.
  The following amendment to the title of the bill, from the Committee on Education, was reported by the Clerk and adopted:
  Eng. House Bill No. 2861--A Bill to amend and reenact §18-2-6 of the Code of West Virginia, 1931, as amended, relating to dual enrollment of at-risk student in public school and alternative program that meets certain conditions; making legislative findings; requiring approval of alternative programs by the State Board of Education; authorizing county superintendent to approve dual enrollment; providing conditions under which dual enrollment may be approved; and eliminating required annual report on cooperation with Challenge Academy.
  Senator Unger moved that the bill take effect July 1, 2013.
  On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2861) takes effect July 1, 2013.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Com. Sub. for House Bill No. 2888, Allowing members of a policemen's civil service commission to serve on other local boards and commissions.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2888) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  Eng. Com. Sub. for House Bill No. 2897, Declaring certain claims against the state and its agencies to be moral obligations of the state.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2897) passed with its title.
  Senator Unger moved that the bill take effect from passage.
  On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2897) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  Eng. House Bill No. 2933, Providing notification to a prosecuting attorney of an offender's parole hearing and release.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2933) passed.
  The following amendment to the title of the bill, frm the Committee on the Judiciary, was reported by the Clerk and adopted:
  Eng. House Bill No. 2933--A Bill to amend and reenact §62-12- 23 of the Code of West Virginia, 1931, as amended, relating to the Parole Board's duty to notify prosecuting attorneys and circuit judges of an offender's release and the grounds therefor.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. House Bill No. 2956, Relating to resident brewers and brewpubs.
  On third reading, coming up in regular order, with the unreported Judiciary committee amendment pending, and with the right having been granted on yesterday, Friday, April 12, 2013, for further amendments to be received on third reading, was reported by the Clerk.
  The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk:
  By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 16. NONINTOXICATING BEER.
§11-16-3. Definitions.
  For the purpose of this article, except where the context clearly requires differently:
  (1) "Brewer" or "manufacturer" means any person, firm, association, partnership or corporation manufacturing, brewing, mixing, concocting, blending, bottling or otherwise producing or importing or transshipping from a foreign country nonintoxicating beer or nonintoxicating craft beer for sale at wholesale to any licensed distributor.
  (2) "Brewpub" means a place of manufacture of nonintoxicating beer owned by a resident brewer, subject to federal and state regulations and guidelines, a portion of which premises are designated for retail sales of nonintoxicating beer or nonintoxicating craft beer by the resident brewer owning the brewpub.
  (3) "Class A retail license" means a retail license permitting the retail sale of liquor at a freestanding liquor retail outlet licensed pursuant to chapter sixty of this code.
  (4) "Commissioner" means the West Virginia Alcohol Beverage Control Commissioner.
  (5) "Distributor" means and includes any person jobbing or distributing nonintoxicating beer or nonintoxicating craft beer to retailers at wholesale and whose warehouse and chief place of business shall be within this state. For purposes of a distributor only, the term "person" means and includes an individual, firm, trust, partnership, limited partnership, limited liability company, association or corporation. Any trust licensed as a distributor or any trust that is an owner of a distributor licensee, and the trustee or other persons in active control of the activities of the trust relating to the distributor license, is liable for acts of the trust or its beneficiaries relating to the distributor license that are unlawful acts or violations of article eleven of this chapter notwithstanding the liability of trustees in article ten, chapter forty-four-d of this code.
  (6) "Freestanding liquor retail outlet" means a retail outlet that sells only liquor, beer, nonintoxicating beer and other alcohol-related products, as defined pursuant to section four, article three-a, chapter sixty of this code.
  (7) "Growler" means a glass ceramic or metal container or jug, capable of being securely sealed, utilized by a brewpub for purposes of off-premise sales of nonintoxicating beer or nonintoxicating craft beer for personal consumption not on a licensed premise and not for resale.
__~~(7)~~ (8) "Nonintoxicating beer" means all natural cereal malt beverages or products of the brewing industry commonly referred to as beer, lager beer, ale and all other mixtures and preparations produced by the brewing industry, including malt coolers and nonintoxicating craft beers with no caffeine infusion or any additives masking or altering the alcohol effect containing at least one half of one percent alcohol by volume, but not more than nine and six-tenths of alcohol by weight, or twelve percent by volume, whichever is greater. ~~all of which are hereby declared to be nonintoxicating and~~ The word "liquor" as used in chapter sixty of this code ~~shall not be construed to~~ does not include or embrace nonintoxicating beer nor any of the beverages, products, mixtures or preparations included within this definition.
  ~~(8)~~ (9) "Nonintoxicating beer sampling event" means an event approved by the commissioner for a Class A retail Licensee to hold a nonintoxicating beer sampling authorized pursuant to section eleven-a of this article.
  ~~(9)~~ (10) "Nonintoxicating beer sampling day" means any days and hours of the week where Class A retail licensees may sell nonintoxicating beer pursuant to sub-section (a)(1), section eighteen of this article, and is approved, in writing, by the commissioner to conduct a nonintoxicating beer sampling event.
  ~~(10)~~ (11) "Nonintoxicating craft beer" means any beverage obtained by the natural fermentation of barley, malt, hops or any other similar product or substitute and containing not less than one half of one percent by volume and not more than twelve percent alcohol by volume or nine and six-tenths percent alcohol by weight with no caffeine infusion or any additives masking or altering the alcohol effect.
  ~~(11)~~ (12) "Original container" means the container used by the brewer at the place of manufacturing, bottling or otherwise producing nonintoxicating beer for sale at wholesale.
  ~~(12)~~ (13) "Person" means and includes an individual, firm, partnership, limited partnership, limited liability company, association or corporation.
  ~~(13)~~ (14) "Resident brewer" means any ~~person, firm, association, partnership, or corporation~~ brewer or manufacturer whose principal place of business and manufacture is located within this state and whose volume of brewed or manufactured nonintoxicating beer or nonintoxicating craft beer self-distributed by such resident brewer in this state does not exceed 10 thousand barrels of such beer annually.
__~~(14)~~ (15) "Retailer" means any person selling, serving, or otherwise dispensing nonintoxicating beer and all products regulated by this article, including, but not limited to, ~~any malt cooler,~~ malt coolers at his or her established and licensed place of business.
  ~~(15)~~ (16) "Tax Commissioner" means the Tax Commissioner of the State of West Virginia or the commissioner's designee.
§11-16-6. License in one capacity only; no connection between different licensees; when brewer may act as distributor; credit and rebates proscribed; brewpub.
                                                    (a) No person shall be licensed in more than one capacity under the terms of this article, and there shall be no connection whatsoever between any retailer, or distributor, resident brewer or brewer, and no person shall be interested directly or indirectly through the ownership of corporate stock, membership in a partnership, or in any other way in the business of a retailer, if such person is at the same time interested in the business of a brewer, resident brewer or distributor. A resident brewer ~~whose place of brewing or manufacture is located within the State of West Virginia~~ may act as distributor ~~of his~~ in a limited capacity for his or her own product from such resident brewery, place of manufacture or bottling, but ~~must have a distributor's license for distribution from a place other than the place of brewing or manufacture~~ a resident brewer is not permitted to act as a distributor as defined in section three of this article: Provided, That nothing in this article may prevent a resident brewer from using the services of licensed distributors as specified in this article. A resident brewer or distributor may sell to a consumer for personal use and not for resale, draught beer in quantities of one-eighth, one-fourth and one-half barrels in the original containers. A resident brewer owning a brewpub may sell nonintoxicating beer or nonintoxicating craft beer produced by the brewpub in a sealed growler, cans or bottles for personal consumption off of a licensed premise and not for resale.
                                                    (b) It ~~shall be~~ is unlawful for any brewer, resident brewer, manufacturer or distributor to assist any retailer or for any retailer to accept assistance from any brewer, manufacturer or distributor any gifts or loans or forebearance of money or property of any kind, nature or description, or other thing of value or by the giving of any rebates or discounts of any kind whatsoever except as may be permitted by rule, regulation, or order promulgated by the commissioner in accordance with this article.
     Notwithstanding paragraphs (a) and (b) above, a brewpub may ~~manufacture and~~ offer for retail sale nonintoxicating beer or nonintoxicating craft beer so long as the sale of the nonintoxicating beer or nonintoxicating craft beer is limited to the brewpub premises, except for up to two growlers per customer for personal consumption off of a licensed premises and not for resale.
     On motion of Senator Palumbo, the following amendment to the Judiciary committee amendment to the bill (Eng. H. B. No. 2956) was next reported by the Clerk and adopted:
     On page four, section three, line fourteen, by striking out all of subsection (14) and inserting in lieu thereof a new subsection, designated subsection (14), to read as follows:
     (14) "Resident brewer" means any brewer or manufacturer of nonintoxicating beer or nonintoxicating craft beer whose principal place of business and manufacture is located in the State of West Virginia and which does not brew or manufacture more than twenty- five thousand barrels of nonintoxicating beer or nonintoxicating craft beer annually, and does not self-distribute more than ten thousand barrels thereof in the State of West Virginia annually.
     The question now being on the adoption of the Judiciary committee amendment, as amended, the same was put and prevailed.
     Having been engrossed, the bill (Eng. H. B. No. 2956) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2956) passed.
     At the request of Senator Palumbo, as chair of the Committee on the Judiciary, and by unanimous consent, the unreported Judiciary committee amendment to the title of the bill was withdrawn.
     On motion of Senator Palumbo, the following amendment to the title of the bill was reported by the Clerk and adopted:
     Eng. House Bill No. 2956--A Bill to amend and reenact §11-16-3 and §11-16-6 of the Code of West Virginia, 1931, as amended, all relating to nonintoxicating beer distributorships and their licenses, resident brewers and brewpubs; expanding the definition of "person" for purposes of holding a nonintoxicating beer distributorship; allowing individuals, forms, trusts, partnerships, limited partnerships, limited liability companies, associations and corporations to hold a distributor's license; clarifying and amending applicable definitions; clarifying certain requirements and operations relating to distribution and sales at brewpubs; allowing for the limited sale of nonintoxicating beer and nonintoxicating craft beer by brewpubs for personal consumption off premises and not for resale; amending definition of resident brewers; placing limit on amount of nonintoxicating beer and nonintoxicating craft beer that a resident brewer may self- distribute; and prohibiting addition or infusion of nonintoxicating beer or nonintoxicating craft beer with caffeine or any additives masking or altering alcohol effect.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for House Bill No. 2964, Authorizing the mayor to appoint chiefs of police and deputy chiefs of police.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2964) passed.
     At the request of Senator Snyder, as chair of the Committee on Government Organization, and by unanimous consent, the unreported Government Organization committee amendment to the title of the bill was withdrawn.
     The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     Eng. Com. Sub. for House Bill No. 2964--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-10-1b, relating to the powers of mayors of Class III cities and Class IV towns or villages with paid police departments not subject to civil service; authorizing the mayor to appoint chief of police; and providing that a Class III city or Class IV town or village may provide by ordinance whether the appointed chief of police shall be reinstated to his or her previous rank following term as chief of police.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for House Bill No. 3020, Improving boat dock and marina safety.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     Pending discussion,
     The question being "Shall Engrossed Committee Substitute for House Bill No. 3020 pass?"
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 3020) passed.
     At the request of Senator Laird, as chair of the Committee on Natural Resources, and by unanimous consent, the unreported Natural Resources committee amendment to the title of the bill was withdrawn.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     Eng. Com. Sub. for House Bill No. 3020--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §20-9-1, §20-9-2, §20-9-3, §20-9-4, §20-9-5 and §20-9-6, all relating to boat dock and marina safety; defining terms; requiring certain signage at certain boat docks and marinas; requiring compliance with certain safety standards on electrical work and electrical wiring at certain boat docks and marinas; requiring certain work by certain certified electricians; establishing a date for compliance; requiring certain enforcement; providing rule-making authority and authorizing emergency rules; providing penalties for certain violations; and creating a misdemeanor offense for violation of certain sections.
PREAMBLE
THIS LEGISLATION SHALL BE KNOWN AS THE "MICHAEL CUNNINGHAM ACT". WHEREAS, WEST VIRGINIA IS KNOWN FOR ITS BEAUTIFUL AND ABUNDANT WATERWAYS, LAKES AND RIVERS, WHICH PROVIDE A DRAW FOR TOURISM AND A BOOST FOR OUR ECONOMY; AND
WHEREAS, OUR WATERWAYS, LAKES AND RIVERS SHOULD BE A SAFE PLACE FOR CHILDREN AND FAMILIES TO ENJOY; AND
WHEREAS, THERE HAVE BEEN CASES RECENTLY WHERE CHILDREN HAVE DIED BECAUSE THE WATER WHERE THEY WERE SWIMMING WAS ELECTRIFIED BY THE UNGROUNDED AND IMPROPER CONNECTION OF ELECTRICITY TO BOAT DOCKS AND MARINAS; AND
WHEREAS, ELECTRICITY AND WATER CREATE A DEADLY COMBINATION THAT CAN PARALYZE A SWIMMER WHICH CAN RESULT IN THE SWIMMER DROWNING; AND WHEREAS, CHILDREN WHO ARE SWIMMING ARE PARTICULARLY VULNERABLE TO ELECTROCUTION AND SHOCK IN THE WATER; AND
WHEREAS, BRINGING BOAT DOCKS AND MARINAS UP TO THE NATIONAL FIRE PROTECTION ASSOCIATION AND NATIONAL ELECTRIC CODE STANDARDS FOR MARINAS AND BOATYARDS IS NECESSARY FOR THE PROTECTION AND SAFETY OF ALL OF THOSE WHO ENJOY OUR WATERWAYS, LAKES AND RIVERS FOR RECREATION AND TO PROTECT OUR TOURISM INDUSTRY.

     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Thereafter, at the request of Senator Prezioso, and by unanimous consent, the remarks by Senator Cann regarding the passage of Engrossed Committee Substitute for House Bill No. 3020 were ordered printed in the Appendix to the Journal.
     Eng. House Bill No. 3043, Including methane monitoring equipment as eligible safety equipment for tax credit purposes.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3043) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. Com. Sub. for House Bill No. 3069, Relating to access to justice.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 3069) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. Com. Sub. for House Bill No. 3139, Authorizing qualified investigators employed by the Secretary of State to carry a firearm and concealed weapon.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 3139) passed.
     The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     Eng. Com. Sub. for House Bill No. 3139--A Bill to amend and reenact §3-1A-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5-3-3 of said code, all relating to qualified investigators employed by the Secretary of State or the Attorney General; authorizing the Secretary of State and Attorney General to allow qualified investigators to carry firearms while performing their official duties; establishing minimum training and certification requirements; and requiring qualified personnel to secure a license to carry a concealed weapon in accordance with the provisions of the code.
     Senator Unger moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 3139) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for House Bill No. 3145, Removing the existing maximum quantities of beer that retailers can sell for off premises.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 3145) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. Com. Sub. for House Bill No. 3157, Restoring the authority, flexibility, and capacity of schools and school systems to improve student learning.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 3157) passed.
     At the request of Senator Plymale, as chair of the Committee on Education, and by unanimous consent, the unreported Education committee amendment to the title of the bill was withdrawn.
     On motion of Senator Plymale, the following amendment to the title of the bill was reported by the Clerk and adopted:
     Eng. Com. Sub. for House Bill No. 3157--A Bill to repeal §18-2-15, §18-2-15a, §18-2-18, §18-2-23, §18-2-30, §18-2-31, §18-2-36, §18-2-37 and §18-2-38 of the Code of West Virginia, 1931, as amended; to repeal §18-2E-3c and §18-2E-3d of said code; to repeal §18-5-40 of said code; to repeal §18-9-2b, §18-9-5, §18-9-7 and §18-9-8 of said code; to repeal §18-9A-3a, §18-9A-3b, §18-9A-13, §18-9A-13a, §18-9A-13b, §18-9A-25 and §18-9A-26 of said code; to repeal §18-9B-11 and §18-9B-16 of said code; to repeal §18A-3-2b of said code; to amend and reenact §18-2-5g of said code; to amend and reenact §18-5-45 of said code; to amend said code by adding thereto a new section, designated §18-8-6a; to amend and reenact §18-9A-10 of said code; and to amend and reenact §18-17-8 of said code, all relating to restoring the authority, flexibility and capacity of schools and school systems to improve student learning; eliminating requirement for biennial report on public schools and institutions; eliminating expired provisions for RESA study; eliminating expired provisions for study on staff fluctuations at certain schools; eliminating outdated provisions on comprehensive education program plans; eliminating requirement for statewide curriculum technology resource center; eliminating outdated provisions for automatic cost of living adjustment plan; eliminating outdated provisions for student learning abilities grant program; eliminating expired provisions on flood and property insurance study; eliminating expired provisions on study of school teams and committees; eliminating prescriptive summer reading and math grant program provisions; eliminating provisions pilot program for operation on schools on semester basis; eliminating outdated provisions for transferring school funds from magisterial and independent school districts; eliminating outdated provisions related to the board of the school fund; eliminating outdated provisions related to supplemental aid to for districts with institutional home for orphans and homeless children; eliminating expired provisions for transition to new provisions on school finance; eliminating expired provisions for school finance in certain fiscal year; eliminating expired provisions for one-year transitional allocation appropriation for certain rural districts; eliminating expired provisions related to levies subsequent to passage of statewide uniform excess levy; eliminating inoperable provisions for legislative reserve fund; eliminating requirement for appropriation for teacher of the year salary; eliminating allowance for workers' compensation for unpaid work-based learning; eliminating outdated provisions related to board of school finance; eliminating provisions pertaining to proceeds of the permanent improvement fund; eliminating provisions related to beginning teacher internship; replacing requirement for annual summary and submission of certain county board policies with requirement for state board to review and evaluate certain reports and report to legislative oversight commission; modifying effective date for certain school calendar amendments; providing reimbursement in certain circumstances for county board costs of probation officers for truant juveniles; reducing percent of increase in local share added to allowance to improve instructional programs; requiring certain funds available for use for personnel to be used for only certain personnel subject to certain condition; increasing percent of increase in local share added for instructional technology purposes; changing purpose to county and school strategic improvement plans; changing method of allocation to counties; expanding provisions pertaining to suspension or dismissal of West Virginia Schools for the Deaf and the Blind teachers to include auxiliary and service personnel; and allowing the state board to employ a hearing examiner to preside at the taking of evidence.
     Senator Unger moved that the bill take effect July 1, 2013.
     On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 3157) takes effect July 1, 2013.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 3160, Providing for a pilot initiative on governance of schools jointly established by adjoining counties.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3160) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 3161, Repealing section relating to additional fee to be collected for each marriage license issued.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3161) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     The end of today's third reading calendar having been reached, the Senate returned to the consideration of
     Eng. Com. Sub. for House Bill No. 2805, Making the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program a permanent program.
     On third reading, coming up in deferred order, was again reported by the Clerk.
     Senator Barnes requested unanimous consent to offer an amendment to the bill on third reading.
     Which consent was not granted, Senator Wells objecting.
     Senator Barnes then moved to amend the bill on third reading.
     On this question, the yeas were: Barnes, Blair, Carmichael, Cole, Cookman, M. Hall, Nohe, Sypolt and Walters--9.
     The nays were: Beach, Boley, Cann, Chafin, Edgell, Facemire, Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Yost and Kessler (Mr. President)--25.
     Absent: None.
     So, two thirds of all the members present and voting not having voted in the affirmative, the President declared Senator Barnes aforestated motion had not prevailed.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2805) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Beach, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--30.
     The nays were: Barnes, Blair, M. Hall and Nohe--4.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2805) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Action as to Engrossed Committee Substitute for House Bill No. 2805 having been concluded, the Senate proceeded to the consideration of
     Eng. House Bill No. 2814, Relating to human trafficking.
     On third reading, coming up in deferred order, was again reported by the Clerk.
     At the request of Senator Palumbo, unanimous consent was granted to offer an amendment to the bill on third reading.
     Thereupon, on motion of Senator Palumbo, the following amendment to the bill was reported by the Clerk and adopted:
     On page four, section seventeen, after line twenty-three, by adding the following:
     No victim of human trafficking seeking relief under this subsection shall be required to prove her or she has rehabilitated himself or herself in order to obtain expungement.
     The bill, as just amended, was ordered to third reading.
     Having been engrossed, the bill (Eng. H. B. No. 2814) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2814) passed.
     At the request of Senator Palumbo, as chair of the Committee on the Judiciary, and by unanimous consent, the unreported Judiciary committee amendment to the title of the bill was withdrawn.
     On motion of Senator Palumbo, the following amendment to the title of the bill was reported by the Clerk and adopted:
     Eng. House Bill No. 2814--A Bill to amend and reenact §61-2-17 of the Code of West Virginia, 1931, as amended; relating to human trafficking; modifying definitions of human trafficking and sex trafficking of adults; authorizing civil cause of action and attorney fees for victims of human trafficking; specifying that a victim of human trafficking is a victim under the West Virginia Crime Victims Compensation Act; and providing a procedure for expunging certain prostitution convictions.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Pending announcement of a meeting of a standing committee of the Senate,
     On motion of Senator Unger, the Senate recessed until 3:15 p.m. today.
     Upon expiration of the recess, the Senate reconvened and, at the request of Senator Unger, and by unanimous consent, returned to the second order of business and the introduction of guests.
     The Senate again proceeded to the third order of business.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Senate Bill No. 507, Relating to PERS and State Police Retirement System contribution rates.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendments to the bill were reported by the Clerk:
     On page two, after the article heading, by inserting a new section, designated section eighteen-a, to read as follows:
§5-10-18a. Reinstatement of service credit for elected officials.
     Notwithstanding any provision of this code to the contrary, the reelection of an elected official resulting in a new term of the same or a different office constitutes return to employment for purposes of reinstating previously withdrawn service authorized by section eighteen of this article.;
     On page six, section five, after line forty-five, by adding a new section, designated section thirty-five-b, to read as follows:
CHAPTER 18. EDUCATION.
          ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-35b. Temporary early retirement incentives program; legislative declarations and findings; termination date.
     Under the prior enactment of this section, the Legislature found and declared that a compelling state interest existed in providing a temporary, early retirement incentives program for encouraging the early, voluntary retirement of those public employees who were current, active, contributing members of this retirement system on April 1, 1988, in the reduction of the number of the employees and in reduction of governmental costs for the employees. The Legislature further found that maintaining an actuarily sound retirement fund is essential and that the reemployment in any manner, including reemployment on a contract basis, by the state of any person who retired under this section is contrary to the intent of the early retirement program and severely threatens the fiscal integrity of the retirement fund. The early retirement program under the prior enactment of this section, offered employees three retirement incentive options. Any person who retired under the provisions of the prior enactment of this section are subject to the restrictions contained in this section.
     (a) For the purposes of this section: (1) "Contract" means any personal service agreement, not involving the sale of commodities, that cannot be performed within sixty days or for which the total compensation exceeds $7,500 in any twelve-month period. The term "contract" does not include any agreement obtained by a retirant through a bidding process and which is for the furnishing of any commodity to a government agency; (2) "governmental entity" means the state of West Virginia; a constitutional branch or office of the state government, or any subdivision of state government; a county, city or town in the state; a county board of education; a separate corporation or instrumentality established pursuant to a state statute; any other entity currently permitted to participate in any state public retirement system or the public employees insurance agency; or any officer or official of any entity listed in this subsection who is acting in his or her official capacity; (3) "substitute teacher" means a teacher, public school librarian, registered professional nurse employed by the county board of education or any other person employed for counseling or instructional purposes in a public school in this state who is temporarily fulfilling the duties of an existing person employed in a specific position who is temporarily absent from that specific position; and (4) "part-time elected or appointed office" means any elected or appointed office that compensates its members in an amount less than $2,500 or requires less than sixty days of service in any twelve-month period.
     (b) Any member who participated in the retirement incentive program under the prior enactment of this section is not eligible to accept further employment or accept, directly or indirectly, work on a contract basis from a governmental entity: Provided, That the executive director may approve, upon written request for good cause shown, an exception allowing a retirant to perform work on a contract basis: Provided, however, That a person may retire under this section and thereafter serve in an elective office: Provided further, That he or she shall not receive the incentive option he or she elected under the prior enactment of this section during the term of service in that office for which the total compensation exceeds $7,500, but shall receive his or her annuity calculated on regular basis, as if originally taken not under the prior enactment of this section but on a regular basis. At the end of the term and cessation of service in the office, the incentive option resumes. In respect of an appointive office, as distinguished from an elective office, any person retiring under this section and thereafter serving in the appointive office for which the total compensation exceeds $7,500 shall not receive the incentive option he or she elected under the prior enactment of this section during the term of service in that office, but the incentive option resumes during that period: And provided further, That at the end of the term and cessation of service in the appointive office the incentive option provided for under the prior enactment of this section resumes: And provided further, That any person elected or appointed to office by the state or any of its political subdivisions who waives whatever salary, wage or per diem compensation he or she may be entitled to by virtue of service in that office and who does not receive any income from service in that office except the reimbursement of out-of-pocket costs and expenses that are permitted by the statutes governing the office shall continue to receive the incentive option he or she elected under this section. The service may not be counted as contributed or credited service for purposes of computing retirement benefits.
     (c) If the elected or appointed office is a part-time elected or appointed office, a person electing retirement under this section may serve in the elective or appointive office with no loss of the benefits provided under the prior enactment of this section.
     (d) Prior to the initiation or renewal of any contract for which the total compensation exceeds seven thousand five hundred dollars and entered into pursuant to this section or the acceptance of any elective or appointive office for which the total compensation exceeds seven thousand five hundred dollars, a person who has elected to retire under the early retirement provisions of the prior enactment of this section shall complete a disclosure and waiver statement executed under oath and acknowledged by a notary public. The board shall propose rules for promulgation, pursuant to article three, chapter twenty-nine-a of this code, regarding the form and contents of the waiver and disclosure statement. The disclosure and waiver statement shall be forwarded to the appropriate state public retirement system administrator who shall take action to ensure that the early retirement incentive option benefit is reduced in accordance with the provisions of this section. The administrator shall then certify that action in writing to the appropriate governmental entity.
     (e) In any event, an eligible member who retired under the prior enactment of this section may continue to receive his or her incentive annuity and be employed as a substitute teacher, as adjunct faculty, as a school service personnel substitute, or as a part-time member of the faculty of southern West Virginia community college or West Virginia northern community college: Provided, That the board of directors determines that the part-time employment is in accordance with policies to be adopted by the board regarding adjunct faculty. For purposes of this section, a "part-time member of the faculty" means an individual employed solely to provide instruction for not more than twelve college credits per semester.
     (f) Any incentive retirants, under the prior enactment of this section, may not receive an annuity and enter or reenter any governmental retirement system established or authorized to be established by the state, notwithstanding any provision of the code to the contrary, unless required by constitutional provision.
     (g) The additional annuity allowed for temporary early retirement is intended to be paid from the retirement incentive account created as a special account in the state treasury and from the funds in the special account established with moneys required to be applied or transferred by heads of spending units from the unused portion of salary and fringe benefits in their budgets accruing in respect to the positions vacated and subsequently canceled under this temporary early retirement program. Salary and fringe benefit moneys actually saved in a particular fiscal year constitute the fund source. No additional annuity shall be disallowed even though initial receipts may not be sufficient, with funds of the system to be applied for the purpose, as for the base annuity.
     (h) The executive secretary of the retirement system shall file a quarterly report to the Legislature detailing the number of retirees who have elected to accept early retirement incentive options, the dollar cost to date by option selected, and the projected annual cost through the year two thousand.
     (i) Termination of temporary retirement incentives program. -- The right to retire under this section terminated on June 30, 1989.
     (j) The benefits paid or received by any individual who has elected to retire and his or her continued right to receive any annuity under this the provisions of this section or article may not be reduced or affected by his or her election to public office after retirement. The options available for any such individual to receive compensation for elected office while continuing to receive retirement annuities and benefits shall be determined pursuant to the provisions of section forty-eight, article ten, chapter five of this code. The provisions of this subsection shall be effective retroactively.;
     By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
     That §5-10-31 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto a new section, designated §5-10-18a; that §15-2A-5 of said code be amended and reenacted; and that §18-7A-35b of said code be amendment and reenacted, all to read as follows:;
     And,
     By striking out the title and substituting therefor a new title, to read as follows:
     Eng. Senate Bill No. 507--A Bill to amend and reenact §5-10-31 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5-10-18a; to amend and reenact §15-2A-5 of said code; and to amend and reenacted §18-7A- 35b of said code, all relating to retirement systems and benefits; clarifying the impact of reelection of an elected official for the purposes of reinstating previously withdrawn service; clarifying the impact of serving as an elected public official after taking certain early retirement options from the state teachers retirement system; retiring under from certain removing the requirement to set employer contribution rate for the Public Employees Retirement System and the State Police Retirement System by legislative rule; and clarifying funding rate which affects employee contribution rate in State Police Retirement System.
     On motion of Senator Unger, the Senate refused to concur in the foregoing House amendments to the bill (Eng. S. B. No. 507) and requested the House of Delegates to recede therefrom.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     A message from The Clerk of the House of Delegates announced that that body had refused to recede from its amendments, and requested the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses, as to
     Eng. Senate Bill No. 623, Relating to funding for probation officers to address truancy.
     The message further announced the appointment of the following conferees on the part of the House of Delegates:
     Delegates Stowers, Campbell and Pasdon.
     On motion of Senator Unger, the Senate agreed to the appointment of a conference committee on the bill.
     Whereupon, Senator Kessler (Mr. President) appointed the following conferees on the part of the Senate:
     Senators Plymale, Chafin and Cole.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     The Senate proceeded to the sixth order of business, which agenda includes the making of main motions.
     On motion of Senator Unger, the Senate requested the return from the House of Delegates of
     Eng. Com. Sub. for House Bill No. 2805, Making the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program a permanent program.
     Passed by the Senate in earlier proceedings today,
     The bill still being in the possession of the Senate,
     Senator Unger moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2805) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence in the changed effective date.
     On motion of Senator Unger, the Senate requested the return from the House of Delegates of
     Eng. Com. Sub. for House Bill No. 2738, Relating to the Center for Nursing.
     Passed by the Senate in prior proceedings today,
     The bill still being in the possession of the Senate,
     On motion of Senator Unger, the Senate reconsidered its action by which in earlier proceedings today it adopted the Education committee amendment to the title of the bill (shown in the Senate Journal of today, pages 89 and 90).
     The question again being on the adoption of the Education committee amendment to the title of the bill.
     Thereafter, at the request of Senator Plymale, as chair of the Committee on Education, and by unanimous consent, the Education committee amendment to the title of the bill was withdrawn.
     On motion of Senator Unger, the Senate reconsidered the vote as to the passage of the bill (Eng. Com. Sub. for H. B. No. 2738).
     The vote thereon having been reconsidered,
     On motion of Senator Unger, the Senate reconsidered its action by which on yesterday, Friday, April 16, 2013, it adopted the Education committee amendment to the bill (shown in the Senate Journal of that day, pages 313 through 326, inclusive).
     The question again being on the adoption of the Education committee amendment to the bill.
     On motion of Senator Plymale, the following amendment to the Education committee amendment to the bill was reported by the Clerk and adopted:
     On page nine, section four, by striking out all of subsection (c) and inserting in lieu thereof a new subsection, designated subsection (c), to read as follows:
     (c) In consultation with the board of directors of the West Virginia Center for Nursing, established pursuant to article seven- b, chapter thirty of this code, the commission shall administer a financial aid program designed to benefit nurses who practice in hospitals and other health care institutions or teach in state nursing programs. Awards shall be made as follows, subject to the terms of the rule provided for in this section:
     (A) An award of at least $3,000 for a student in an approved LPN nursing program located in the state. The student shall be required to practice in West Virginia for at least one year;
     (B) An award of at least $7,500 for a student who has completed half of an approved RN nursing program located in West Virginia. A recipient shall be required to teach or practice in West Virginia for at least two years.
     (C) An award of at least $15,000 to a student in a nursing education master's degree program or doctoral student in an approved nursing program located in West Virginia who shall be required to teach in the state for at least two years.
     The question now being on the adoption of the Education committee amendment to the bill, as just amended, the same was put and prevailed.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2738) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2738) passed.
     The following amendment to the title of the bill, from the Committee on Education, was reported by the Clerk and adopted:
     Eng. Com. Sub. for House Bill No. 2738--A Bill to repeal §30- 7B-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §18C-3-2 and §18C-3-3 of said code; to amend said code by adding thereto a new section, designated §18C-3-4; and to amend and reenact §30-7B-2, §30-7B-3, §30-7B-4, §30-7B-5, §30-7B-6, §30-7B-7 and §30-7B-9 of said code, all relating generally to administration of financial aid and higher education scholarship programs by the Higher Education Policy Commission; redesignating the Health Sciences Scholarship Program as the Health Science Service Program; expanding program eligibility and award amounts; redefining medically underserved areas; providing state aid for certain students pursuing certain degrees; requiring a service commitment to state and setting forth alternatives to service; requiring legislative rules and specifying rule provisions; continuing Center for Nursing and placing it under supervision of the Higher Education Policy Commission; moving the Center for Nursing special revenue account to the Higher Education Policy Commission; updating provisions regarding funding of the special revenue account; updating the powers and duties of the Center for Nursing; reorganizing the center's board of directors, updating membership and powers and duties of the board; authorizing reimbursement for board members' actual and necessary expenses; requiring annual reports to the Legislative Oversight Commission on Health and Human Resources Accountability and the Legislative Oversight Commission on Education Accountability; providing for financial aid programs to benefit nurses who teach or practice in West Virginia; setting out minimum financial aid amounts for nurses; establishing conditions for receipt of financial aid for nursing students; providing for reimbursement by nursing students who fail to meet service requirements for receipt of financial aid; defining terms; deleting obsolete language; and making technical changes.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Without objection, the Senate returned to the third order of business.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect July 1, 2013, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Senate Bill No. 82, Requiring rate-paying residential customer on public service board.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendments to the bill were reported by the Clerk:
     By striking out everything after the enacting clause and inserting in lieu thereof the following:
     That §16-13A-3 and §16-13A-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 13A. PUBLIC SERVICE DISTRICTS.
§16-13A-3. District to be a public corporation and political subdivision; powers thereof; public service boards.
     From and after the date of the adoption of the order creating any public service district, it is a public corporation and political subdivision of the state, but without any power to levy or collect ad valorem taxes. Each district may acquire, own and hold property, both real and personal, in its corporate name, and may sue, may be sued, may adopt an official seal and may enter into contracts necessary or incidental to its purposes, including contracts with any city, incorporated town or other municipal corporation located within or without its boundaries for furnishing wholesale supply of water for the distribution system of the city, town or other municipal corporation, or for furnishing storm water services for the city, town or other municipal corporation, and contract for the operation, maintenance, servicing, repair and extension of any properties owned by it or for the operation and improvement or extension by the district of all or any part of the existing municipally owned public service properties of any city, incorporated town or other municipal corporation included within the district: Provided, That no contract shall extend beyond a maximum of forty years, but provisions may be included therein for a renewal or successive renewals thereof and shall conform to and comply with the rights of the holders of any outstanding bonds issued by the municipalities for the public service properties.
     The powers of each public service district shall be vested in and exercised by a public service board consisting of not less than three members who shall be persons residing within the district, who possess certain educational, business or work experience which will be conducive to operating a public service district. In the event the public service district is providing any utility service and billing rates and charges to its customers, at least one board member shall be a rate-paying residential customer of the public service district: Provided, That if an existing public service board does not have a member who is a rate-paying residential customer of the public service district on July 1, 2013, the next following appointment to the board shall be a rate-paying residential customer of that public service district. For purposes of this section, "rate-paying residential customer" means a person who:
_____(1) In the case of a water or sewer public service district, is physically connected to and actively receiving residential public service district utility services; or
_____(2) In the case of a storm water public service district, has storm water conveyed away from the residential property by a utility owned system; and
_____(3) Has an active account in good standing and is the occupier of the residential property which is on the public service district utility service account.
     Each board member shall, within six months of taking office, successfully complete the training program to be established and administered by the Public Service Commission in conjunction with the ~~Division~~ Department of Environmental Protection and the Bureau for Public Health. Board members shall not be or become pecuniarily interested, directly or indirectly, in the proceeds of any contract or service, or in furnishing any supplies or materials to the district nor shall a former board member be hired by the district in any capacity within a minimum of twelve months after board member's term has expired or such board member has resigned from the district board. The members shall be appointed in the following manner:
     Each city, incorporated town or other municipal corporation having a population of more than three thousand but less than eighteen thousand is entitled to appoint one member of the board, and each city, incorporated town or other municipal corporation having a population in excess of eighteen thousand shall be entitled to appoint one additional member of the board for each additional eighteen thousand population. The members of the board representing such cities, incorporated towns or other municipal corporations shall be residents thereof and shall be appointed by a resolution of the governing bodies thereof and upon the filing of a certified copy or copies of the resolution or resolutions in the office of the clerk of the county commission which entered the order creating the district, the persons so appointed become members of the board without any further act or proceedings. If the number of members of the board so appointed by the governing bodies of cities, incorporated towns or other municipal corporations included in the district equals or exceeds three, then no further members shall be appointed to the board and the members so appointed are the board of the district except in cases of merger or consolidation where the number of board members may equal five.
     If no city, incorporated town or other municipal corporation having a population of more than three thousand is included within the district, then the county commission which entered the order creating the district shall appoint three members of the board, who are persons residing within the district and residing within the State of West Virginia, which three members become members of the board of the district without any further act or proceedings except in cases of merger or consolidation where the number of board members may equal five.
     If the number of members of the board appointed by the governing bodies of cities, incorporated towns or other municipal corporations included within the district is less than three, then the county commission which entered the order creating the district shall appoint such additional member or members of the board, who are persons residing within the district, as is necessary to make the number of members of the board equal three except in cases of merger or consolidation where the number of board members may equal five, and the member or members appointed by the governing bodies of the cities, incorporated towns or other municipal corporations included within the district and the additional member or members appointed by the county commission as aforesaid, are the board of the district. A person may serve as a member of the board in one or more public service districts.
     The population of any city, incorporated town or other municipal corporation, for the purpose of determining the number of members of the board, if any, to be appointed by the governing body or bodies thereof, is the population stated for such city, incorporated town or other municipal corporation in the last official federal census.
     Notwithstanding any provision of this code to the contrary, whenever a district is consolidated or merged pursuant to section two of this article, the terms of office of the existing board members shall end on the effective date of the merger or consolidation. The county commission shall appoint a new board according to rules promulgated by the Public Service Commission. Whenever districts are consolidated or merged no provision of this code prohibits the expansion of membership on the new board to five.
     The respective terms of office of the members of the first board shall be fixed by the county commission and shall be as equally divided as may be, that is approximately one third of the members for a term of two years, a like number for a term of four years, the term of the remaining member or members for six years, from the first day of the month during which the appointments are made. The first members of the board appointed as aforesaid shall meet at the office of the clerk of the county commission which entered the order creating the district as soon as practicable after the appointments and shall qualify by taking an oath of office: Provided, That any member or members of the board may be removed from their respective office as provided in section three-a of this article.
     Any vacancy shall be filled for the unexpired term within thirty days; otherwise successor members of the board shall be appointed for terms of six years and the terms of office shall continue until successors have been appointed and qualified. All successor members shall be appointed in the same manner as the member succeeded was appointed. The district shall provide to the Public Service Commission, within thirty days of the appointment, the following information: The new board member's name, home address, home and office phone numbers, date of appointment, length of term, who the new member replaces and if the new appointee has previously served on the board. The Public Service Commission shall notify each new board member of the legal obligation to attend training as prescribed in this section.
     The board shall organize within thirty days following the first appointments and annually thereafter at its first meeting after January 1 of each year by selecting one of its members to serve as chair and by appointing a secretary and a treasurer who need not be members of the board. The secretary shall keep a record of all proceedings of the board which shall be available for inspection as other public records. Duplicate records shall be filed with the county commission and shall include the minutes of all board meetings. The treasurer is lawful custodian of all funds of the public service district and shall pay same out on orders authorized or approved by the board. The secretary and treasurer shall perform other duties appertaining to the affairs of the district and shall receive salaries as shall be prescribed by the board. The treasurer shall furnish bond in an amount to be fixed by the board for the use and benefit of the district.
     The members of the board, and the chair, secretary and treasurer thereof, shall make available to the county commission, at all times, all of its books and records pertaining to the district's operation, finances and affairs, for inspection and audit. The board shall meet at least monthly.
§16-13A-4. Board chairman; members' compensation; procedure; district name.
     (a) The chairman shall preside at all meetings of the board and may vote as any other member of the board. If the chairman is absent from any meeting, the remaining members may select a temporary chairman and if the member selected as chairman resigns as such or ceases for any reason to be a member of the board, the board shall select one of its members as chairman to serve until the next annual organization meeting.
     (b) Salaries of the board members are:
     (1) For districts with fewer than six hundred customers, up to ~~$75~~ $100 per attendance at regular monthly meetings and ~~$50~~ $75 per attendance at additional special meetings, total salary not to exceed ~~$1,500~~ $2,000 per annum;
     (2) For districts with six hundred customers or more but fewer than two thousand customers, up to ~~$100~~ $125 per attendance at regular monthly meetings and ~~$75~~ $100 per attendance at additional special meetings, total salary not to exceed ~~$2,500~~ $3,250 per annum;
     (3) For districts with two thousand customers or more, but fewer than four thousand customers, up to ~~$125~~ $150 per attendance at regular monthly meetings and ~~$75~~ $100 per attendance at additional special meetings, total salary not to exceed ~~$3,750~~ $4,500 per annum; and
     (4) For districts with four thousand or more customers, up to ~~$150~~ $200 per attendance at regular monthly meetings and ~~$100~~ $150 per attendance at additional special meetings, total salary not to exceed ~~$5,400~~ $6,400 per annum.
     The public service district shall certify the number of customers served to the Public Service Commission ~~beginning~~ on July 1 ~~1986, and continue~~ of each fiscal year. ~~thereafter.~~
     (c) Public service districts selling water to other water utilities for resale or public service districts which provide sewer treatment for other sewer utilities may adopt the following salaries for its board members:
     (1) For districts with annual revenues of less than $50,000, up to ~~$75~~ $100 per attendance at regular monthly meetings and ~~$50~~ $75 per attendance at additional special meetings, total salary not to exceed ~~$1,500~~ $2,000 per annum;
     (2) For districts with annual revenues of $50,000 or more, but less than $250,000, up to ~~$100~~ $125 per attendance at regular monthly meetings and ~~$75~~ $100 per attendance at special meetings, total salary not to exceed ~~$2,500~~ $3,250 per annum;
     (3) For districts with annual revenues of $250,000 or more, but less than $500,000, up to ~~$125~~ $150 per attendance at regular monthly meetings and ~~$75~~ $100 per attendance at additional special meetings, total salary not to exceed ~~$3,750~~ $4,500 per annum; and
     (4) For districts with annual revenues of $500,000 or more, up to ~~$150~~ $200 per attendance at regular monthly meetings and ~~$100~~ $150 per attendance at additional special meetings, total salary not to exceed ~~$5,400~~ $6,400 per annum.
     The public service district shall certify the number of customers served and its annual revenue to the Public Service Commission ~~beginning~~ on July 1 ~~2000, and continue~~ of each fiscal year. ~~thereafter.~~
     (d) Board members may be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their duties as provided ~~for~~ by the rules of the board. Notwithstanding any other provision of this code to the contrary, board members are not eligible for salary payment or reimbursement for expenses incurred prior to the public service district initiating service to its first customer. Salary and reimbursement for expenses may be incurred only at meetings occurring after the public service district initiated service to customers.
     (e) The board shall by resolution determine its own rules of procedure, fix the time and place of its meetings and the manner in which special meetings may be called. Public notice of meetings shall be given in accordance with section three, article nine-a, chapter six of this code. Emergency meetings may be called as provided ~~for~~ by ~~said~~ that section. A majority of the members constituting the board also constitute a quorum to do business.
     (f) The members of the board are not personally liable or responsible for any obligations of the district or the board, but are answerable only for willful misconduct in the performance of their duties. The county commission which created a district or county commissions if more than one created the district may, upon written request of the district, adopt an order changing the official name of a public service district: Provided, That ~~such~~ the name change will not be effective until approved by the Public Service Commission of West Virginia and the owners of any bonds and notes issued by the district, if any, shall have consented, in writing, to the name change. If a district includes territory located in more than one county, the county commission or county commissions changing the name of the district shall provide any county commission into which the district also extends with a certified copy of the order changing the name of the district. The official name of any district created under the provisions of this article may contain the name or names of any city, incorporated town or other municipal corporation included therein or the name of any county or counties in which it is located.;
     And,
     By striking out the title and substituting therefor a new title, to read as follows:
     Eng. Senate Bill No. 82--A Bill to amend and reenact §16-13A-3 and §16-13A-4 of the Code of West Virginia, 1931, as amended, all relating to public service district board membership; requiring a public service board to have at least one rate-paying residential customer of the public service district on the board; increasing the salary of public service district board members; clarifying when salary and expenses payments may be made; and adding sewer service to the salary schedule for public service districts which contract with others to provide service.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Senate Bill No. 82, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 82) passed with its House of Delegates amended title.
     Senator Unger moved that the bill take effect July 1, 2013.
     On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 82) takes effect July 1, 2013.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Senate Bill No. 194, Repealing code relating to Medicaid program contract procedure.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendments to the bill were reported by the Clerk:
     By striking out everything after the enacting clause and inserting in lieu thereof the following:
     That §9-2-9b of the Code of West Virginia, as amended, be repealed; and to amend and reenact §9-2-6 of said code to read as follows:
ARTICLE 2. COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND RESPONSIBILITIES GENERALLY.
§9-2-6. Powers of secretary.
     Within limits of state appropriations and federal grants and subject to provisions of state and federal laws and regulations, the secretary, in addition to all other powers, duties and responsibilities granted and assigned to that office in this chapter and elsewhere by law, is authorized ~~and empowered~~ to:
     (1) Promulgate, amend, revise and rescind department rules respecting the organization and government of the department and the execution and administration of those powers, duties and responsibilities granted and assigned by this chapter and elsewhere by law to the department and the secretary.
     (2) Promulgate, amend, revise and rescind department rules and regulations respecting qualifications for receiving the different classes of welfare assistance consistent with or permitted by federal laws, rules and policies, but not inconsistent with state law: Provided, That ~~such~~ rules and policies respecting qualifications shall permit the expenditure of state funds to pay for care rendered in any birthing center licensed under the provisions of article two-e, chapter sixteen of this code by a licensed nurse midwife or midwife as this occupation is defined in section one, article fifteen, chapter thirty of this code and which care is within the scope of duties for such licensed nurse midwife or midwife as permitted by the provisions of section seven of said article.
     (3) Obtain by purchase or lease ~~such~~ grounds, buildings, office or other space, equipment, facilities and services as may be necessary for the execution and administration of those powers, duties and responsibilities granted and assigned by this chapter and elsewhere by law to the department and the secretary.
     (4) Sign and execute in the name of the state by the State Department of Health and Human Resources any contract or agreement with the federal government or its agencies, other states, political subdivisions of this state, corporations, associations, partnerships or individuals: Provided, That the provisions of article three, chapter five-a are followed.
_____(5) Sign and execute a contract to implement professional health care, managed care, actuarial and health care-related monitoring, quality review/utilization, claims processing and independent professional consultant contracts for the Medicaid program: Provided, That the provisions of article three, chapter five-a are followed: Provided, however, That a contract awarded under the agency purchasing process from April 1, 2009, to January 2, 2013, remains in full force and effect and the secretary retains sole authority to review, approve and issue changes to contracts issued under the former purchasing process, and is responsible for challenges, disputes, protests and legal actions related to such contracts.
_____~~(5)~~ (6) Establish such special funds as may be required by the federal Social Security Act, as amended, or by any other Act or Acts of Congress, in order for this state to take full advantage of the benefits and provisions thereof relating to the federal-state assistance and federal assistance programs administered by the department and to make payments into and disbursements out of any such special fund or funds in accordance with the requirements of the federal Social Security Act, as amended, or any other Act or Acts of Congress, and in accordance with applicable state law and the objects and purposes of this chapter. In addition, the State Department of Health and Human Resources, through the secretary, is hereby authorized to accept any and all gifts or grants, whether in money, land, services or materials, which gift or gifts, if in the form of moneys, shall be placed in a separate fund and expended solely for the purpose of public assistance programs. No part of this special fund shall revert to the General Revenue Funds of this state. No expenses incurred pursuant to this special fund shall be a charge against the General Funds of this state.
     ~~(6)~~ (7) Establish within the department an Office of Inspector General for the purpose of conducting and supervising investigations and for the purpose of providing quality control for the programs of the department. The Office of Inspector General shall be headed by the Inspector General who shall report directly to the secretary. Neither the secretary nor any employee of the department may prevent, inhibit or prohibit the Inspector General or his or her employees from initiating, carrying out or completing any investigation, quality control review or other activity oversight of public integrity by the Office of the Inspector General. The secretary shall place within the Office of Inspector General any function he or she deems necessary. Qualification, compensation and personnel practice relating to the employees of the Office of the Inspector General, including that of the position of Inspector General, shall be governed by the classified service provisions of article six, chapter twenty-nine of this code and rules promulgated thereunder. The Inspector General shall supervise all personnel of the Office of Inspector General.
     ~~(7)~~ (8) Provide at department expense a program of continuing professional, technical and specialized instruction for the personnel of the department.
     ~~(8)~~ (9) Pay from available funds all or part of the reasonable expenses incurred by a person newly employed by the department in moving his household furniture, effects and immediate family from his or her place of residence in this state to his or her place of employment in this state; and to pay from available funds all or part of the reasonable expenses incurred by a department employee in moving his or her household furniture, effects and immediate family as a result of a reassignment of the employee which is considered desirable, advantageous to and in the best interests of the state, but no part of the moving expenses of any one such employee shall be paid more frequently than once in twelve months or for any movement other than from one place of employment in this state to another place of employment in this state.
     ~~(9)~~ (10) Establish a program to provide reimbursement to employees of the department whose items of personal property, as defined by the department by policy, are damaged during the course of employment or other work-related activity as a result of aggressive behavior by a client or patient receiving services from the department: Provided, That such reimbursement is limited to a maximum amount of $250.00 per claim.
     ~~(10)~~ (11) Establish and maintain such institutions as are necessary for the temporary care, maintenance and training of children and other persons.
     ~~(11)~~ (12) Prepare and submit state plans which will meet the requirements of federal laws, rules governing federal-state assistance and federal assistance and which are not inconsistent with state law.
     ~~(12)~~ (13) Organize within the department a Board of Review, consisting of a Chairman appointed by the secretary and as many assistants or employees of the department as may be determined by the secretary and as may be required by federal laws and rules respecting state assistance, federal-state assistance and federal assistance, such Board of Review to have such powers of a review nature and such additional powers as may be granted to it by the secretary and as may be required by federal laws and rules respecting federal-state assistance and federal assistance.
     ~~(13)~~ (14) Provide by rules ~~such~~ review and appeal procedures within the Department of Health and Human Resources as may be required by applicable federal laws and rules respecting state assistance, federal-state assistance and federal assistance and as will provide applicants for, and recipients of all, classes of welfare assistance an opportunity to be heard by the board of Review, a member thereof, or individuals designated by the board, upon claims involving denial, reduction, closure, delay or other action or inaction pertaining to public assistance.
     ~~(14)~~ (15) Provide by rules, consistent with requirements of applicable federal laws and rules, application forms and application procedures for the various classes of public assistance.
     ~~(15)~~ (16) Provide locations for making applications for the various classes of public assistance.
     ~~(16)~~ (17) Provide a citizen or group of citizens an opportunity to file objections and to be heard upon objections to the grant of any class of public assistance.
     ~~(17)~~ (18) Delegate to the personnel of the department all powers and duties vested in the secretary, except the power and authority to sign contracts and agreements.
     ~~(18)~~ (19) Make such reports in such form and containing such information as may be required by applicable federal laws and rules respecting federal-state assistance and federal assistance.
     ~~(19)~~ (20) Invoke any legal, equitable or special remedies for the enforcement of the provisions of this chapter.;
     And,
     By striking out the title and substituting therefor a new title, to read as follows:
     Eng. Senate Bill No. 194--A Bill to repeal §9-2-9b of the Code of West Virginia, 1931, as amended; and to amend and reenact §9-2-6 of said Code, relating to contract procedures for Department of Health and Human Resources; providing that previous contracts awarded would remain in full force and effect; and eliminating Department of Health and Human Resources' exemption for contracts for the Medicaid program from purchasing requirements.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Senate Bill No. 194, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 194) passed with its House of Delegates amended title.
     Senator Unger moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 194) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
     Eng. Com. Sub. for Senate Bill No. 200, Relating to Eyewitness Identification Act.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendment to the bill was reported by the Clerk:
     On page fourteen, section three, line four, by striking out the word "section" and inserting in lieu thereof the word "article".
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
     Engrossed Committee Substitute for Senate Bill No. 200, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 200) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 202, Creating WV Spay Neuter Assistance Program and Fund.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendment to the bill was reported by the Clerk:
     On page three, section two, line three, after the words "Assistance Fund", by inserting the words "and administered by the Commissioner of Agriculture".
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
     Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 202, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 202) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Com. Sub. for Senate Bill No. 250, Authorizing Department of Commerce promulgate legislative rules.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendments to the bill were reported by the Clerk:
     By striking out everything after the enacting section and inserting in lieu thereof, the following:
ARTICLE 10. AUTHORIZATION FOR OF COMMERCE TO PROMULGATE LEGISLATIVE RULES.
§64-10-1. Development Office.
     The legislative rule filed in the Office of the Secretary of State, authorized under the prior enactment of section twenty-a, article thirteen-a, chapter eleven of this code, relating to the Development Office (use of coalbed methane severance tax proceeds, 145 CSR 13), is repealed.
§64-10-2. Broadband Deployment Council.
     The legislative rule filed in the State Register on August 10, 2012, authorized under the authority of section four, article fifteen-c, chapter thirty-one of this code, modified by the Broadband Deployment Council to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on January 22, 2013, relating to the Broadband Deployment Council (broadband deployment grants programs, 208 CSR 1), is authorized.
§64-10-3. Board of Miners Training, Education and Certification.
     The legislative rule filed in the State Register on August 22, 2012, authorized under the authority of section six, article seven, chapter twenty-two-a of this code, modified by the Board of Miners Training, Education and Certification to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 17, 2012, relating to the Board of Miners Training, Education and Certification (standards for certification of coal mine electricians, 48 CSR 7), is authorized.
§64-10-4. Division of Natural Resources.
     (a) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (special boating, 58 CSR 26), is authorized.
     (b) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section twenty-three, article seven, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 18, 2012, relating to the Division of Natural Resources (special motorboating, 58 CSR 27), is authorized.
     (c) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (defining the terms used in all hunting and trapping rules, 58 CSR 46), is authorized.
     (d) The legislative rule filed in the State Register on July 19, 2012, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (prohibitions when hunting and trapping, 58 CSR 47), is authorized.
     (e) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section seven, article one, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on October 18, 2012, relating to the Division of Natural Resources (deer hunting, 58 CSR 50), is authorized.
     (f) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (general trapping, 58 CSR 53), is authorized.
     (g) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (special waterfowl hunting, 58 CSR 58), is authorized.
     (h) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (special fishing, 58 CSR 61), is authorized.
     (i) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section seven, article one, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on October 31, 2012, relating to the Division of Natural Resources (falconry, 58 CSR 65), is authorized with the following amendments:
     On page one, subsection 2.8., after the word "Falconiformes" by inserting a comma and the words "the Order Accipitriformes";
     On page one, after subsection 2.8., by inserting a new subsection 2.9. to read as follows:
     2.9. "Passage" means a first-year raptor that is no longer dependent upon parental care.;
     On page three, by striking out all of subsection 4.5. and inserting in lieu thereof a new subsection 4.5. to read as follows:
     4.5. A permittee may use a falconry to take any bird species for which there is a depredation order in place in 50 CFR at any time in accordance with the conditions of the applicable depredation order. The permittee may not receive any compensation for depredation activities.;
     On page four, subdivision 5.3.e., after the word "Falconiform" by inserting a comma and the word "Accipitriform";
     On page six, subdivision 7.2.a., by striking out the word "Alymeri" and inserting in lieu thereof the word "Aylmeri";
     On page eight, by striking out all of subsection 10.1. and inserting in lieu thereof a new subsection 10.1. to read as follows:
     10.1. A raptor taken, possessed, transported or used for falconry purposes shall be marked with: a seamless, numbered band issued by the Division for captive-bred birds or a U. S. Fish and Wildlife Service permanent, non-reusable numbered band issued by the Division for birds originating from the wild. An ISO (International Organization for Standardization)-compliant (134.2 kHz) microchip may be implanted in addition to the band.;
     On page eight, by striking out all of subsection 10.3. and inserting in lieu thereof a new subsection 10.3. to read as follows:
     10.3. A permittee must report the loss or removal of any band within five (5) days by filing a Federal form 3-186A either electronically or in paper form. Lost bands must be replaced by a permanent, nonreusable numbered band supplied by the division. Upon remarking the raptor, the permittee shall immediately complete and submit a Federal form 3-186A either electronically or on paper reporting the new band.;
     On page nine, by striking out all of subsection 10.6. and inserting in lieu thereof a new subsection 10.6. to read as follows:
     10.6. A permittee shall remove and surrender to the division any markers from an intentionally released raptor which is indigenous to the state. A standard Federal band may be attached to the birds at the discretion of the division prior to release.;
     On page nine, subsection 11.1., by striking out the words "both the division and the U. S. Fish and Wildlife Service Regional Law-Enforcement office" and inserting in lieu thereof the words "the division";
     And,
     On page nine, by striking out all of subsection 11.3. and inserting in lieu thereof a new subsection 11.3. to read as follows:
     11.3. Resident General or Master Falconers may take from the wild any species of Falconiform, Accipitriform or Strigiform in West Virginia except: eagles; peregrine falcon (Falco peregrines); Northern harrier (Circus cyaneus); northern goshawk (Accipiter gentilis); American rough-legged hawk (Buteo lagopus); barn owl (Tyto alba); long-eared owl (Asio otus); short-eared owl (Asio flammeus); saw-whet owl (Aegolius acadicus); merlin (Falco columbaris) eyases; and sharp-shinned hawk (Accipiter straitus) eyases.
§64-10-5. Division of Labor.
     (a) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section fifteen, article one-a, chapter forty-seven of this code, modified by the Division of Labor to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on December 21, 2012, relating to the Division of Labor (bedding and upholstered furniture, 42 CSR 12), is authorized with the following amendments:
     On page two, following subsection 3.6, by striking subsection 3.7 and renumbering the remaining subsections;
     On page two, subsection 3.9, line two, following the word "manufacturing" and the comma, by striking out the word "importing" and the comma;
     On page three, subsection 5.1, line one, following the word "manufacturing" and the comma, by striking out the word "importing" and the comma;
     On page three, subsection 5.1, line three, following the word "manufacturer" and the comma, by striking out the word "importer" and the comma;
     On page three, subsection 6.1, line one, following the word "manufacturer" and the comma, by striking out the word "importer" and the comma;
     On page three, subsection 6.2, line one, following the word "manufacturer", by striking out the words "or importer";
     One page five, subsection 9.3, line one, following the word "manufacturer" and the comma, by striking out the word "importer" and the comma;
     On page five, subdivision 10.1.1, following the word "manufacturer", by striking out the words "or importer";
     On page ten, appendix C, line sixteen, by striking out the misspelled word "ADRESS" and inserting the in lieu thereof, the word "ADDRESS";
     On page eleven, appendix D, line twenty, by striking out the misspelled word "ADRESS" and inserting the in lieu thereof, the word "ADDRESS";
     On page fourteen, appendix G, line fourteen, by striking out the misspelled word "ADRESS" and inserting the in lieu thereof, the word "ADDRESS";
     And,
     On page fifteen, appendix H, line thirteen, by striking out the misspelled word "ADRESS" and inserting the in lieu thereof, the word "ADDRESS";.
     (b) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section three, article ten, chapter twenty-one of this code, modified by the Division of Labor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 21, 2012, relating to the Division of Labor (Amusement Rides and Amusement Attractions Safety Act, 42 CSR 17), is authorized with the following amendments:
     On pages three and four, by redesignating subdivisions 4.1.1., 4.1.2., 4.1.3., 4.1.4., 4.1.5., 4.1.6., 4.1.7., 4.1.8., 4.1.9., 4.1.10. and 4.1.11., as 4.1.a., 4.1.b., 4.1.c., 4.1.d., 4.1.e., 4.1.f., 4.1.g., 4.1.h., 4.1.i., 4.1.j. and 4.1.k.;
     On page seven, subdivision 9.2.b., line two, after the word "has", by striking out the word "of";
     On page eight, subdivision 10.2.b., line two, after the word "has", by striking out the word "of";
     On page eleven, subsection 17.4, line two, following the words "report of the", by inserting the word "serious";
     On page eleven, subsection 17.5, line one, following the words "document the", by striking out the word "accident" and inserting in lieu thereof the words "serious injury or fatality";
     On page eleven, subsection 18.1, line two, following the words "required by", by striking out the words "this section of the rule" and inserting in lieu thereof the words "sections 15 or 17 of this rule";
     On page eleven, subsection 18.1, line three, following the word "cessation" and the comma, by striking out the words "imminent danger notification" and the comma;
     On page twelve, subsection 19.4, line three, following the word "operation", by striking the words "is prohibited" and inserting a colon;
     On page twelve, by redesignating subdivisions 19.4.1 and 19.4.2 as 19.4.a. and 19.4.b.;
     And,
     On page twelve, by redesignating paragraphs 19.4.2.1., 19.4.2.2., 19.4.2.3., 19.4.2.4., 19.4.2.5., 19.4.2.6. as 19.4.b.1., 19.4.b.2., 19.4.b.3., 19.4.b.4., 19.4.b.5., 19.4.b.6.
     (c) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section eleven, article three-c, chapter twenty-one of this code, modified by the Division of Labor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 21, 2012, relating to the Division of Labor (supervision of elevator mechanics and apprentices, 42 CSR 21A), is authorized, with the following amendments:
     On page two, subsection 5.1., by un-striking the word "may" and striking out the word "shall";
     On page two, subsection 5.2., by un-striking the word "may" and striking out the word "shall";
     And,
     On page six, subsection 9.2, line two, after the word "with", by striking out the word "the".
     (d) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section three, article three-d, chapter twenty-one of this code, modified by the Division of Labor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 21, 2012, relating to the Division of Labor (Crane Operator Certification Act, 42 CSR 24), is authorized with the following amendment:
     On page two, subsection 3.4, line four, following the word "November", by striking out "10" and inserting in lieu thereof "14".
     (e) The legislative rule filed in the State Register on August 21, 2012, authorized under the authority of section three, article three-d, chapter twenty-one of this code, relating to the Division of Labor (Crane Operator Certification Act - practical examination, 42 CSR 25), is authorized with the following amendments:
     On page two, subsection 3.4, line five, following the word "November", by striking out "10" and inserting in lieu thereof "14";
     And,
     On page three, line fifteen, after the stricken subdivision designation 4.5.d., by inserting the subdivision designation 4.4.d.;
     And,
     By striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for Senate Bill No. 250--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Commerce; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; repealing the Development Office to promulgate a legislative rule relating to the use of coalbed methane severance tax proceeds; authorizing the Broadband Deployment Council to promulgate a legislative rule relating to broadband deployment grants programs; authorizing the Board of Miner Training, Education and Certification to promulgate a legislative rule relating to the standards for certification of coal mine electricians; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special boating; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special motorboating; authorizing the Division of Natural Resources to promulgate a legislative rule relating to defining the terms used in all hunting and trapping rules; authorizing the Division of Natural Resources to promulgate a legislative rule relating to prohibitions when hunting and trapping; authorizing the Division of Natural Resources to promulgate a legislative rule relating to deer hunting; authorizing the Division of Natural Resources to promulgate a legislative rule relating to general trapping; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special waterfowl hunting; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special fishing; authorizing the Division of Natural Resources to promulgate a legislative rule relating to falconry; authorizing the Division of Labor to promulgate a legislative rule relating to bedding and upholstered furniture; authorizing the Division of Labor to promulgate a legislative rule relating to the Amusement Rides and Amusement Attractions Safety Act; authorizing the Division of Labor to promulgate a legislative rule relating to the supervision of elevator mechanics and apprentices; authorizing the Division of Labor to promulgate a legislative rule relating to the Crane Operator Certification Act; and authorizing the Division of Labor to promulgate a legislative rule relating to the Crane Operator Certification Act - practical examination.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Committee Substitute for Senate Bill No. 250, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 250) passed with its House of Delegates amended title.
     Senator Unger moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 250) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
     Eng. Com. Sub. for Senate Bill No. 355, Relating to final wage payment to discharged employees.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendment to the bill was reported by the Clerk:
     On page two, section four, lines fourteen and fifteen, by striking out the words "a day on which state offices are open for regular business" and inserting in lieu thereof the words "any day other than Saturday, Sunday or any legal holiday as set forth in section one, article two, chapter two of this code".
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
     Engrossed Committee Substitute for Senate Bill No. 355, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 355) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Com. Sub. for Senate Bill No. 369, Relating to concealed handgun license reciprocity.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendments to the bill were reported by the Clerk:
     By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-6. Exceptions as to prohibitions against carrying concealed handguns; exemptions from licensing fees.
     (a) The licensure provisions set forth in this article do not apply to:
     (1) Any person ~~carrying~~:
_____(A) Carrying a deadly weapon upon his or her own premises; ~~nor shall anything herein prevent a person from carrying any~~
     (B) Carrying a firearm, unloaded, from the place of purchase to his or her home, residence or place of business or to a place of repair and back to his or her home, residence or place of business; ~~nor shall anything herein prohibit a person from possessing~~ or
_____(C) Possessing a firearm while hunting in a lawful manner or while traveling from his or her home, residence or place of business to a hunting site and returning to his or her home, residence or place of business;
     (2) Any person who is a member of a properly organized target-shooting club authorized by law to obtain firearms by purchase or requisition from this state or from the United States for the purpose of target practice from carrying any pistol, as defined in this article, unloaded, from his or her home, residence or place of business to a place of target practice and from any place of target practice back to his or her home, residence or place of business, for using any such weapon at a place of target practice in training and improving his or her skill in the use of the weapons;
     (3) Any law-enforcement officer or law-enforcement official as defined in section one, article twenty-nine, chapter thirty of this code;
     (4) Any employee of the West Virginia Division of Corrections duly appointed pursuant to the provisions of section ~~five~~ eleven-c, article ~~five~~ one, chapter ~~twenty-eight~~ twenty-five of this code while the employee is on duty;
     (5) Any member of the armed forces of the United States or the militia of this state while the member is on duty;
     (6) Any circuit judge, including any retired circuit judge designated senior status by the Supreme Court of Appeals of West Virginia, prosecuting attorney, assistant prosecuting attorney or a duly appointed investigator employed by a prosecuting attorney;
     ~~(7)~~ (6) Any resident of another state who holds a valid permit or license to possess or carry a ~~concealed weapon~~ handgun issued by a state or a political subdivision ~~which has entered into a reciprocity agreement with this state,~~ subject to the provisions and limitations set forth in section six-a of this article;
     ~~(8)~~ (7) Any federal law-enforcement officer or federal police officer authorized to carry a weapon in the performance of the officer's duty; ~~and~~
     ~~(9)~~ (8) Any Hatfield-McCoy Regional Recreation Authority Ranger while the ranger is on duty; and
_____(9) Any parole officer appointed pursuant to section fourteen article twelve, chapter sixty-two of this code in the performance of their duties.
     (b) On and after July 1, 2013, the following judicial officers and prosecutors and staff shall be exempted from paying any application fees or licensure fees required under this article. However, on and after that same date, they shall be required to make application and satisfy all licensure and handgun safety and training requirements set forth in section four of this article before carrying a concealed handgun in this state:
_____(1) Any justice of the Supreme Court of Appeals of West Virginia;
_____(2) Any circuit judge;
_____(3) Any retired justice or retired circuit judge designated senior status by the Supreme Court of Appeals of West Virginia;
_____(4) Any family court judge;
_____(5) Any magistrate;
_____(6) Any prosecuting attorney;
_____(7) Any assistant prosecuting attorney; or
_____(8) Any duly appointed investigator employed by a prosecuting attorney.
__________§61-7-6a. Reciprocity and recognition; out-of-state concealed handgun permits.
     (a) A ~~holder of a~~ valid out-of-state permit or license to possess or carry a ~~concealed~~ handgun ~~as issued by another state with which the State of West Virginia has executed a reciprocity agreement shall be recognized as~~ is valid in this state for the carrying of a concealed handgun, if the following conditions are met:
     (1) The permit or license holder is twenty-one years of age or older;
     (2) The permit or license is in his or her immediate possession;
     (3) The permit or license holder is not a resident of the State of West Virginia; and
     (4) The State of West Virginia has executed a valid and effective reciprocity agreement with the issuing state pertaining to the carrying and verification of concealed handgun licenses and permits issued in the respective states. The Attorney General has been notified by the Governor of the other state that the other state allows residents of West Virginia who are licensed in West Virginia to carry a concealed handgun to carry a concealed handgun in that state or the Attorney General has entered into a written reciprocity agreement with the appropriate official of the other state whereby the state agrees to honor West Virginia concealed handgun licenses in return for same treatment in this state.
     (b) A holder of a valid permit or license from another state who is authorized to carry a concealed handgun in this state pursuant to provisions of this section is subject to the same laws and restrictions with respect to carrying a concealed handgun as a resident of West Virginia who is so permitted, and must carry the concealed handgun in compliance with the laws of this state.
     (c) A license or permit from another state is not valid in this state if the holder is or becomes prohibited by law from possessing a firearm.
     (d) The West Virginia Attorney General shall seek to obtain recognition of West Virginia concealed handgun licenses and enter into and ~~may~~ execute reciprocity agreements on behalf of the State of West Virginia with states ~~which meet the following standards and requirements:~~
     ~~(1) The standards applied by the other state before issuing a concealed handgun license or permit must be similar to or greater than the standards imposed by this article;~~
     (2) This state's law-enforcement officers have continuous access to databases on the criminal information network, 8twenty-four hours per day, seven days per week, to verify the continued validity of any license or permit to carry a concealed handgun that has been granted by the issuing state;
     (3) The other state agrees to grant the right to carry a concealed handgun to residents of West Virginia who have valid concealed handgun permits issued pursuant to this article in their possession while carrying concealed weapons in that state; and
     (4) The states agree to apprise one another of changes in permitting standards and requirements, to provide for a prompt reexamination of whether any adopted change in licensing or permitting standards negates the states' ability to continue with the reciprocity agreement. for the recognition of concealed handgun permits issued pursuant to this article.
     (e) The West Virginia State Police shall maintain a registry of states with which the State of West Virginia has entered into reciprocity agreements or which recognize West Virginia concealed handgun licenses on the criminal information network and make the registry available to law-enforcement officers for investigative purposes.
     (f) Every twelve months after the effective date of this section, the West Virginia Attorney General shall make written inquiry of the concealed handgun licensing or permitting authorities in each other state as to: (i) Whether a West Virginia resident may carry a concealed handgun in their state based upon having a valid West Virginia concealed handgun permit; and (ii) whether a West Virginia resident may carry a concealed handgun in that state based upon having a valid West Virginia concealed handgun permit, pursuant to the laws of that state or by the execution of a valid reciprocity agreement between the states.
     (g) The West Virginia State Police shall make available to the public a list of states which have entered into reciprocity agreements with the State of West Virginia or that allow residents of West Virginia who are licensed in West Virginia to carry a concealed handgun to carry a concealed handgun in that state.;
     And,
     By striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for Senate Bill No. 369--A Bill to amend and reenact §61-7-6 and §61-7-6a of the Code of West Virginia, 1931, as amended, all relating to exemptions and exceptions for West Virginia conceal and carry handgun license requirements; allowing a resident of another state to carry a handgun in West Virginia if the nonresident person holds a valid permit or license to possess or carry a handgun from another state when certain conditions are met; establishing a precondition that West Virginia residents with a West Virginia issued conceal and carry permit must be authorized to carry a concealed handgun in that other state; removing or modifying other concealed handgun reciprocity requirements; prescribing methods of verification of reciprocal conceal and carry handgun rights between West Virginia and another state; clarifying or modifying reciprocity requirements and responsibilities of the Attorney General and the State Police; exempting judicial officers, magistrates, prosecutors, assistant prosecutors and investigators employed by prosecutors staff from paying handgun conceal and carry license fees when applying for a conceal and carry permit in this state; requiring the judicial officers, magistrates, prosecutors, assistant prosecutors and investigators employed by prosecutors to satisfy all other licensing requirements and possess a conceal and carry license before carrying a concealed handgun in this state on and after July 1, 2013; removing exemption from remaining conceal and carry licensing requirements for judicial officers, prosecutors and prosecutor investigators as of July 1, 2013; and amending provisions of bill consistent with other legislative action.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Committee Substitute for Senate Bill No. 369, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 369) passed with its House of Delegates amended title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 371, Relating to prison overcrowding.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendments to the bill were reported by the Clerk:
     By striking out everything after the enacting clause and inserting in lieu thereof the following:
     That §25-1-15 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §28-5-27 of said code be amended and reenacted; that said code be amended by adding thereto two new sections, designated §31-20-5g and §31-20-5h; that §61-7-6 of said code be amended and reenacted; that §62-11A-1a of said code be amended and reenacted; that §62-11B-9 of said code be amended and reenacted; that §62-11C-2, §62-11C-3 and §62-11C-6 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §62-11C-10; that §62-12-6, §62-12-7, §62-12-9, §62-12-10, §62-12-13, §62-12-14a, §62-12-15, §62-12-17 and §62-12-19 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §62-12-29; that §62-15-2 and §62-15-4 of said code be amended and reenacted; and that said code be amended by adding thereto two new sections, designated §62-15-6a and §62-15-6b, all to read as follows:
CHAPTER 25. DIVISION OF CORRECTIONS.
ARTICLE 1. ORGANIZATION, INSTITUTIONS AND CORRECTIONS MANAGEMENT.
§25-1-15. Diagnostic and classification divisions.
          (a) The Commissioner of Corrections may establish diagnostic and classification divisions.
          (b) Notwithstanding any provision of ~~the~~ this code to the contrary, all persons committed to the custody of the Commissioner of the Division of Corrections for presentence diagnosis and classification and all persons sentenced to the custody of the Division of Corrections shall, upon transfer to the Division of Corrections, undergo diagnosis and classification, which ~~may~~ shall include: (1) Assessments of a person's criminogenic risk and need factors that are reliable, validated and normed for a specific population and responsive to cultural and gender-specific needs as well as individual learning styles and temperament; (2) application of a mental health preliminary screen; and (3) if the mental health preliminary screen suggests the need for further assessment, a full psychological evaluation. The Division of Corrections shall perform mental health preliminary screens, appraisals and evaluations according to standards provided by the American Correctional Association.
CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.
ARTICLE 5. THE PENITENTIARY.
§28-5-27. Deduction from sentence for good conduct; mandatory supervision.
     (a) All current and future adult inmates ~~now~~ in the custody of the Commissioner of Corrections, ~~or hereafter committed to the custody of the Commissioner of Corrections,~~ except those committed pursuant to article four, chapter twenty-five of this code, shall be granted commutation from their sentences for good conduct in accordance with this section.
     (b) ~~Such~~ The commutation of sentence, ~~hereinafter called~~ known as "good time", shall be deducted from the maximum term of indeterminate sentences or from the fixed term of determinate sentences.
     (c) Each inmate committed to the custody of the Commissioner of Corrections and incarcerated in a correctional facility pursuant to ~~such~~ that commitment shall be granted one day good time for each day he or she is incarcerated, including any and all days in jail awaiting sentence ~~and~~ which is are credited by the sentencing court to his or her sentence pursuant to section twenty-four, article eleven, chapter sixty-one of this code or for any other reason relating to ~~such~~ the commitment. No An inmate may not be granted any good time for time served either on parole or bond or in any other status when he or she is not physically incarcerated.
     (d) No An inmate sentenced to serve a life sentence ~~shall be~~ is not eligible to earn or receive any good time pursuant to this section.
     (e) An inmate under two or more consecutive sentences shall be allowed good time as if the several sentences, when the maximum terms ~~thereof~~ of the consecutive sentences are added together, were all one sentence.
     (f) The Commissioner of Corrections shall promulgate ~~separate~~ disciplinary rules. ~~for each institution under his control in which adult felons are incarcerated, which~~ The rules shall describe acts ~~which~~ that inmates are prohibited from committing, procedures for charging individual inmates for violation of ~~such~~ the rules and for determining the guilt or innocence of inmates charged with ~~such~~ the violations and the sanctions which may be imposed for ~~such~~ the violations. A copy of ~~such~~ the rules shall be given to each inmate. For each ~~such violations~~ violation, by an a sanctioned inmate ~~so sanctioned~~, any part or all of the good time which has been granted to ~~such~~ the inmate pursuant to this section may be forfeited and revoked by the warden or superintendent of the institution in which the violation occurred. The warden or superintendent, when appropriate and with approval of the commissioner, may restore any forfeited good time ~~so forfeited~~.
     (g) Each inmate, upon his or her commitment to and being ~~received~~ placed into the custody of the Commissioner of ~~the Department of~~ Corrections, or upon his or her return to custody as the result of violation of parole pursuant to section nineteen, article twelve, chapter sixty-two of this code, shall be given a statement setting forth the term or length of his or her sentence or sentences and the time of his or her minimum discharge computed according to this section.
     (h) Each inmate shall be given a revision of the statement described in subsection (g) of this section if and when any part or all of the good time has been forfeited and revoked or restored pursuant to subsection (f) ~~whereby~~ of this section, by which the time of his or her earliest discharge is changed.
     (i) The Commissioner of Corrections may, with the approval of the Governor, allow extra good time for inmates who perform exceptional work or service.
     (j) In order to ensure equitable good time for all current and future inmates ~~now~~ in the custody of the Commissioner of Corrections ~~or hereafter committed to the custody of such commissioner~~, except as to those persons committed pursuant to article four, chapter twenty-five of this code, all good ~~times~~ time shall be computed according to this section and all previous computations of good time under prior statutes or ~~regulations~~ rules are ~~hereby voided~~ void. All inmates who have previously forfeited good time are hereby restored to good time computed according to this section and all inmates will receive a new discharge date computed according to this section. All inmates that have been awarded overtime good time or extra good time pursuant to sections twenty-seven-a and twenty-seven-b of this article which ~~are~~ were repealed simultaneously with the amendment to this section during the regular session of the Legislature in the year 1984 shall receive ~~such~~ that good time in addition to the good time computed according to this section.
     (k) There shall be no grants or accumulations of good time or credit to any current or future inmate ~~now or hereafter~~ serving a sentence in the custody of the ~~Department~~ Division of Corrections except in the manner provided in this section.
     (l) Prior to the calculated discharge date of an inmate serving a sentence for a felony crime of violence against the person, a felony offense where the victim was a minor child or a felony offense involving the use of a firearm, one year shall be deducted from the inmate's accumulated good time to provide for one year of mandatory post-release supervision following the first instance in which the inmate reaches his or her calculated discharge date. All inmates released pursuant to this subsection shall be subject to electronic or GPS monitoring for the entire period of supervision. The provisions of this subsection are applicable to offenses committed on or after July 1, 2013.
_____(m) Upon sentencing of an inmate for an offense not referenced in subsection (l) of this section, the court may order that one hundred eighty days of the sentence, or some lesser period, be served through post-release mandatory supervision if the court determines supervision is appropriate and in the best interest of justice, rehabilitation and public safety. All inmates released pursuant to this subsection shall be subject to electronic or GPS monitoring for the entire period of supervision. The provisions of this subsection are applicable to offenses committed on or after July 1, 2013.
_____(n) The Commissioner of Corrections shall adopt policies and procedures to implement the mandatory supervision provided for in subsections (l) and (m) of this section, which may include terms, conditions and procedures for supervision, modification and violation applicable to persons on parole.
_____(o) As used in this section "felony crime of violence against the person" means felony offenses set forth in article two, three-e, eight-b or eight-d, chapter sixty-one of this code, and the felony offenses of arson, and burglary of a residence where an individual is physically located at the time of the offense, as set forth in article three, chapter sixty-one of this code.
_____(p) As used in this section, "felony offense where the victim was a minor child" means any felony crime of violence against the person and any felony offense set forth in article eight, eight-a, eight-c or eight-d, chapter sixty-one of this code.
CHAPTER 31. CORPORATIONS.
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY.
§31-20-5g. Pretrial risk assessment.
     (a) Within three calender days of the arrest and placement of any person in a regional jail, the authority shall conduct a pretrial risk assessment using a standardized risk assessment instrument approved and adopted by the Supreme Court of Appeals of West Virginia. The results of all standardized risk and needs assessments are confidential and shall only be provided to the court, court personnel, the prosecuting attorney, defense counsel and the person who is the subject of the pretrial risk assessment. Upon completion of the assessment, the authority shall provide it to the magistrate and circuit clerks for delivery to the appropriate circuit judge or magistrate.
     (b) The pretrial risk assessment and all oral or written statements made by individual during risk assessment shall be inadmissable evidence at any criminal or civil trial.
§31-20-5h. Programs for inmates committed to prison.
     The Division of Corrections may develop and implement a cognitive behavioral program to address the needs of inmates detained in a regional jail, but committed to the custody of the Commissioner of Corrections. The program shall be developed in consultation with the Regional Jail Authority and may be offered by video teleconference or webinar technology. The costs of the program shall be paid out of funds appropriated to the Division of Corrections. The program shall be covered by the rehabilitation plan policies and procedures adopted by the Division of Corrections under subsection (h), section thirteen, article twelve, chapter sixty-two of this code.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-6. Exceptions as to prohibitions against carrying concealed handguns; exemptions from licensing fees.
     (a) The licensure provisions set forth in this article do not apply to:
     (1) Any person ~~carrying~~:
     (A) Carrying a deadly weapon upon his or her own premises; ~~nor shall anything herein prevent a person from carrying any~~
     (B) Carrying a firearm, unloaded, from the place of purchase to his or her home, residence or place of business or to a place of repair and back to his or her home, residence or place of business; ~~nor shall anything herein prohibit a person from possessing~~ or
_____(C) Possessing a firearm while hunting in a lawful manner or while traveling from his or her home, residence or place of business to a hunting site and returning to his or her home, residence or place of business;
     (2) Any person who is a member of a properly organized target-shooting club authorized by law to obtain firearms by purchase or requisition from this state or from the United States for the purpose of target practice from carrying any pistol, as defined in this article, unloaded, from his or her home, residence or place of business to a place of target practice and from any place of target practice back to his or her home, residence or place of business, for using any such weapon at a place of target practice in training and improving his or her skill in the use of the weapons;
     (3) Any law-enforcement officer or law-enforcement official as defined in section one, article twenty-nine, chapter thirty of this code;
     (4) Any employee of the West Virginia Division of Corrections duly appointed pursuant to the provisions of section ~~five~~ eleven-c, article ~~five~~ one, chapter ~~twenty-eight~~ twenty-five of this code while the employee is on duty;
     (5) Any member of the armed forces of the United States or the militia of this state while the member is on duty;
     (6) Any circuit judge, including any retired circuit judge designated senior status by the Supreme Court of Appeals of West Virginia, prosecuting attorney, assistant prosecuting attorney or a duly appointed investigator employed by a prosecuting attorney;
     ~~(7)~~ (6) Any resident of another state who holds a valid permit or license to possess or carry a ~~concealed weapon~~ handgun issued by a state or a political subdivision ~~which has entered into a reciprocity agreement with this state,~~ subject to the provisions and limitations set forth in section six-a of this article;
     ~~(8)~~ (7) Any federal law-enforcement officer or federal police officer authorized to carry a weapon in the performance of the officer's duty; ~~and~~
     ~~(9)~~ (8) Any Hatfield-McCoy Regional Recreation Authority Ranger while the ranger is on duty; and
_____(9) Any parole officer appointed pursuant to section fourteen article twelve, chapter sixty-two of this code in the performance of their duties.
     (b) On and after July 1, 2013, the following judicial officers and prosecutors and staff shall be exempted from paying any application fees or licensure fees required under this article. However, on and after that same date, they shall be required to make application and satisfy all licensure and handgun safety and training requirements set forth in section four of this article before carrying a concealed handgun in this state:
_____(1) Any justice of the Supreme Court of Appeals of West Virginia;
_____(2) Any circuit judge;
_____(3) Any retired justice or retired circuit judge designated senior status by the Supreme Court of Appeals of West Virginia; _____(4) Any family court judge;
_____(5) Any magistrate;
_____(6) Any prosecuting attorney;
_____(7) Any assistant prosecuting attorney; or
_____(8) Any duly appointed investigator employed by a prosecuting attorney.______
CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 11A. RELEASE FOR WORK AND OTHER PURPOSES.
§62-11A-1a. Other sentencing alternatives.
  (a) Any person who has been convicted in a circuit court or in a magistrate court under any criminal provision of this code of a misdemeanor or felony, which is punishable by imposition of a fine or confinement in ~~the~~ a regional jail or a state correctional ~~facility~~ institution, or both fine and confinement, may, in the discretion of the sentencing judge or magistrate, as an alternative to the sentence imposed by statute for the crime, be sentenced under one of the following programs:
  (1) The weekend jail program under which ~~persons~~ a person would be required to spend weekends or other days normally off from work in jail;
  (2) The work program under which a sentenced ~~persons~~ person would be required to spend the first two or more days of ~~their~~ his or her sentence in jail and then, in the discretion of the court, would be assigned to a county agency to perform labor within the jail, or in and upon the buildings, grounds, institutions, bridges and roads, including orphaned roads used by the general public and public works within the county. Eight hours of labor are to be credited as one day of the sentence imposed. ~~Persons~~ A person sentenced under this program may be required to provide ~~their~~ his or her own transportation to and from the work site, lunch and work clothes; or
  (3) The community service program under which ~~persons sentenced~~ a sentenced person would spend no time in jail, but would be sentenced to a number of hours or days of community service work with government entities or charitable or nonprofit entities approved by the circuit court. Regarding any portion of the sentence designated as confinement, eight hours of community service work is to be credited as one day of the sentence imposed. Regarding any portion of the sentence designated as a fine, the fine is to be credited at an hourly rate equal to the prevailing federal minimum wage at the time the sentence was imposed. In the discretion of the court, the sentence credits may run concurrently or consecutively. ~~Persons~~ A person sentenced under this program may be required to provide ~~their~~ his or her own transportation to and from the work site, lunch and work clothes.
  (4) A day-reporting center program if the program has been implemented in the sentencing court's jurisdiction or in the area where the offender resides. For purposes of this subdivision "day-reporting center" means a court-operated or court-approved facility where persons ordered to serve a sentence in this type of facility are required to report under the terms and conditions set by the court for purposes which include, but are not limited to, counseling, employment training, alcohol or drug testing or other medical testing.
  (b) In no event may the duration of the alternate sentence exceed the maximum period of incarceration otherwise allowed.
  (c) In imposing a sentence under the provisions of this section, the court shall first make the following findings of fact and incorporate them into the court's sentencing order:
  (1) The person sentenced was not convicted of an offense for which a mandatory period of confinement is imposed by statute;
  (2) In circuit court cases, that the person sentenced is not a habitual criminal within the meaning of sections eighteen and nineteen, article eleven, chapter sixty-one of this code;
  (3) In circuit court cases, that the offense underlying the sentence is not a felony offense for which violence or the threat of violence to the person is an element of the offense;
  (4) In circuit court cases, that adequate facilities for the administration and supervision of alternative sentencing programs are available through the court's probation officers or the county sheriff or, in magistrate court cases, that adequate facilities for the administration and supervision of alternative sentencing programs are available through the county sheriff; and
  (5) That an alternative sentence under provisions of this article will best serve the interests of justice.
  (d) ~~Persons~~ A person sentenced by the circuit court under the provisions of this article ~~remain~~ remains under the administrative custody and supervision of the court's probation officers or the county sheriff. ~~Persons~~ A person sentenced by a magistrate ~~remain~~ remains under the administrative custody and supervision of the county sheriff.
  (e) ~~Persons~~ A person sentenced under the provisions of this section may be required to pay the costs of ~~their~~ his or her incarceration, including meal costs: Provided, That the judge or magistrate considers the person's ability to pay the costs.
  (f) ~~Persons~~ A person sentenced under the provisions of this section ~~remain~~ remains under the jurisdiction of the court. The court may withdraw any alternative sentence at any time by order entered with or without notice and require that the remainder of the sentence be served in the county jail, a regional jail or a state correctional facility: Provided, That no alternative sentence directed by the sentencing judge or magistrate or administered under the supervision of the sheriff, his or her deputies, a jailer or a guard may require the convicted person to perform duties which would be considered detrimental to the convicted person's health as attested to by a physician.
  (g) No provision of this section may be construed to limit a circuit ~~judge or magistrate's~~ judge's ability to impose a period of supervision or participation in a community corrections program created pursuant to article eleven-c, chapter sixty-two of this code, except that a person sentenced to a day report center must be identified as moderate to high risk of reoffending and moderate to high criminogenic need, as defined by the standardized risk and needs assessment adopted by the Supreme Court of Appeals of West Virginia under subsection (d), section six, article twelve of this chapter, and applied by a probation officer or day report staff: Provided, That a judge may impose a period of supervision or participation in a day report center, notwithstanding the results of the standardized risk and needs assessment, upon making specific written findings of fact as to the reason for departing from the requirements of this section.
__(h) Magistrates may only impose a period of participation in a day report center with the consent by general administrative order of the supervising judge or chief judge of the judicial circuit in which he or she presides. The day report center staff shall determine which services a person receives based on the results of the standardized risk and needs assessment adopted by the Supreme Court of Appeals of West Virginia under subsection (d), section six, article twelve of this chapter, along with any other conditions of supervision set by the court.
ARTICLE 11B. HOME INCARCERATION ACT.
§62-11B-9. Violation of order of home incarceration procedures; penalties.
     (a) If, at any time during the period of home incarceration, there is reasonable cause to believe that a participant in a home incarceration program has violated the terms and conditions of the circuit court's home incarceration order, he or she ~~shall be~~ is subject to the procedures and penalties set forth in section ten, article twelve of this chapter.
     (b) If, at any time during the period of home incarceration, there is reasonable cause to believe that a participant sentenced to home incarceration by the circuit court has violated the terms and conditions of the court's order of home incarceration and ~~said~~ the participant's participation was imposed as an alternative sentence to another form of incarceration, ~~said~~ the participant ~~shall be~~ is subject to the same procedures involving confinement and revocation as would a probationer charged with a violation of the order of home incarceration. Any participant under an order of home incarceration ~~shall be~~ is subject to the same penalty or penalties, upon the circuit court's finding of a violation of the order of home incarceration, as he or she could have received at the initial disposition hearing: Provided, That the participant shall receive credit towards any sentence imposed after a finding of violation for the time spent in home incarceration.
     (c) If, at any time during the period of home incarceration, there is reasonable cause to believe that a participant sentenced to home incarceration by a magistrate has violated the terms and conditions of the magistrate's order of home incarceration as an alternative sentence to incarceration in jail, the supervising authority may arrest the participant upon the obtaining of an order or warrant and take the offender before a magistrate within the county of the offense. The magistrate shall then conduct a prompt and summary hearing on whether the participant's home incarceration should be revoked. If it appears to the satisfaction of the magistrate that any condition of home incarceration has been violated, the magistrate may revoke the home incarceration and order that the sentence of incarceration in jail be executed. Any participant under an order of home incarceration ~~shall be~~ is subject to the same penalty or penalties, upon the magistrate's finding of a violation of the order of home incarceration, as the participant could have received at the initial disposition hearing: Provided, That the participant shall receive credit towards any sentence imposed after a finding of violation for the time spent in home incarceration.
ARTICLE 11C. THE WEST VIRGINIA COMMUNITY CORRECTIONS ACT.
§62-11C-2. Community Corrections Subcommittee.
     (a) A Community Corrections Subcommittee of the Governor's Committee on Crime, Delinquency and Correction is ~~hereby created~~ continued and continues to be assigned responsibility for screening community corrections programs submitted by community criminal justice boards or from other entities authorized by the provisions of this article to do so for approval for funding by the Governor's committee and for making recommendations as to the disbursement of funds for approved community corrections programs. The subcommittee ~~is to~~ shall be comprised of fifteen members of the Governor's committee including: A representative of the Division of Corrections, a representative of the Regional Jail and Correctional Facility Authority, a representative of the Bureau for Behavioral Health and Health Facilities, a person representing the interests of victims of crime, an attorney employed by a public defender corporation, an attorney who practices criminal law, a prosecutor and a representative of the West Virginia Coalition Against Domestic Violence. At the discretion of the West Virginia Supreme Court of Appeals, the Administrator of the Supreme Court of Appeals, a probation officer and a circuit judge may serve on the subcommittee as ex officio, nonvoting members.
     (b) The subcommittee shall elect a chairperson and a vice chairperson. The subcommittee shall meet quarterly. Special meetings may be held upon the call of the chairperson, vice chairperson or a majority of the members of the subcommittee. A majority of the members of the subcommittee ~~constitute~~ constitutes a quorum.
§62-11C-3. Duties of the Governor's committee and the community corrections subcommittee.
     (a) Upon recommendation of the community corrections subcommittee, the Governor's committee shall propose for legislative promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code, emergency and legislative rules to:
     (1) Establish standards for approval of community corrections programs submitted by community criminal justice boards or other entities authorized by the provisions of this article to do so;
     (2) Establish minimum standards for community corrections programs to be funded, including requiring annual program evaluations;
     (3) Make any necessary adjustments to the fees established in section four of this article;
     (4) Establish reporting requirements for community corrections programs; and
     (5) Carry out the purpose and intent of this article.
     (b) Upon recommendation of the community corrections subcommittee, the Governor's committee shall:
     (1) Maintain records of community corrections programs including the corresponding community criminal justice board or other entity contact information and annual program evaluations, when available;
     (2) Seek funding for approved community corrections programs from sources other than the fees collected pursuant to section four of this article; and
     (3) Provide funding for approved community corrections programs, as available.
     (c) The Governor's committee shall submit, on or before September 30 of each year, to the Governor, the Speaker of the House of Delegates, the President of the Senate and, upon request, to any individual member of the Legislature, a report on its activities during the previous year and an accounting of funds paid into and disbursed from the special revenue account established pursuant to section four of this article.
     (d) The subcommittee shall review the implementation of evidence-based practices and conduct regular assessments for quality assurance of all community-based criminal justice services, including day report centers, probation, parole and home confinement. In consultation with the affected agencies, the subcommittee shall establish a process for reviewing performance. The process shall include review of agency performance measures and identification of new measures by the subcommittee, if necessary, for measuring the implementation of evidence-based practices or for quality assurance. After providing an opportunity for the affected agencies to comment, the subcommittee shall submit, on or before September 30 of each year, to the Governor, the Speaker of the House of Delegates, the President of the Senate and, upon request, to any individual member of the Legislature, a report on its activities and results from assessments of performance during the previous year.
§62-11C-6. Community criminal justice boards.
     (a) Each county or combination of counties or a county or counties and a Class I or II municipality that seek to establish community-based corrections services shall establish a community criminal justice board: Provided, That if a county has not established a community criminal justice board by July 1, 2002, the chief probation officer of ~~such~~ that county, with the approval of the chief judge of the circuit, may apply for and receive approval and funding from the Governor's committee for ~~such~~ any programs as authorized by the provisions of section five of this article. Any county which chooses to operate without a community criminal justice board ~~shall be~~ is subject to the regulations and requirements established by the community corrections subcommittee and the Governor's committee.
     (b) ~~The~~ A community criminal justice board ~~is to~~ shall consist of no more than fifteen voting members.
     (c) All members of ~~the~~ a community criminal justice board ~~are~~ to shall be residents of the county or counties represented.
     (d) ~~The~~ A community criminal justice board ~~is to~~ shall consist of the following members:
     (1) The sheriff or chief of police or, if the board represents more than one county or municipality, at least one sheriff or chief of police from the counties represented;
     (2) The prosecutor or, if the board represents more than one county, at least one prosecutor from the counties represented;
     (3) If a public defender corporation exists in the county or counties represented, at least one attorney employed by any public defender corporation existing in the counties represented or, if no public defender office exists, one criminal defense attorney from the counties represented;
     (4) One member to be appointed by the local board of education or, if the board represents more than one county, at least one member appointed by a board of education of the counties represented;
     (5) One member with a background in mental health care and services to be appointed by the commission or commissions of the county or counties represented by the board;
     (6) Two members who can represent organizations or programs advocating for the rights of victims of crimes with preference given to organizations or programs advocating for the rights of victims of the crimes of domestic violence or driving under the influence; ~~and~~
     (7) One member with a background in substance abuse treatment and services to be appointed by the commission or commissions of the county or counties represented by the board; and
_____~~(7)~~ (8) Three at-large members to be appointed by the commission or commissions of the county or counties represented by the board.
     (e) At the discretion of the West Virginia Supreme Court of Appeals, any or all of the following people may serve on a community criminal justice board as ex officio, nonvoting members:
     (1) A circuit judge from the county or counties represented;
     (2) A magistrate from the county or counties represented; or
     (3) A probation officer from the county or counties represented.
     (f) Community criminal justice boards may:
     (1) Provide for the purchase, development and operation of community corrections services;
     (2) Coordinate with local probation departments in establishing and modifying programs and services for offenders;
     (3) Evaluate and monitor community corrections programs, services and facilities to determine their impact on offenders; and
     (4) Develop and apply for approval of community corrections programs by the Governor's Committee on Crime, Delinquency and Correction.
     (g) If a community criminal justice board represents more than one county, the appointed membership of the board, excluding any ex officio members, shall include an equal number of members from each county, unless the county commission of each county agrees in writing otherwise.
     (h) If a community criminal justice board represents more than one county, the board shall, in consultation with the county commission of each county represented, designate one county commission as the fiscal agent of the board.
     (i) Any political subdivision of this state operating a community corrections program shall, regardless of whether or not the program has been approved by the Governor's Committee on Crime, Delinquency and Correction, provide to the Governor's committee required information regarding the program's operations as required by legislative rule.
§62-11C-10. Standardized risk and needs assessment; annual reviews; day report services.
     The Division of Justice and Community Services shall:
     (1) Require that staff of day reporting centers and other community corrections programs be trained in and use in each case a standardized risk and needs assessment as adopted by the Supreme Court of Appeals of West Virginia. The results of all standardized risk and needs assessments are confidential;
     (2) Annually conduct a validation study of inter-rater reliability and risk cut-off scores by population to ensure that the standardized risk and needs assessment is sufficiently predictive of the risk of reoffending;
     (3) Annually review the membership of all community criminal justice boards to ensure appropriate membership;
     (4) Evaluate the services, sanctions and programs provided by each community corrections program to ensure that they address criminogenic needs and are evidence-based;
     (5) Encourage community criminal justice boards to develop programs in addition to or in lieu of day report centers, through grants and more focused use of day report services; and
     (6) Annually report to the community corrections subcommittee on the results of duties required by this section.
ARTICLE 12. PROBATION AND PAROLE.
§62-12-6. Powers and duties of probation officers.
     (a) Each probation officer shall:
_____(1) Investigate all cases which the court refers to the officer for investigation and shall report in writing on each case; ~~The probation officer shall furnish~~
     (2) Conduct a standardized risk and needs assessment, using the instrument adopted by the Supreme Court of Appeals of West Virginia, for any probationer for whom an assessment has not been conducted either prior to placement on probation or by a specialized assessment officer. The results of all standardized risk and needs assessments are confidential;
_____(3) Supervise the probationer and enforce probation according to assessment and supervision standards adopted by the Supreme Court of Appeals of West Virginia;
_____(4) Furnish to each person released on probation under the officer's supervision a written statement of the probationer's conditions of probation together with a copy of the rules prescribed by the ~~court for the supervision of probationers. The probation officer shall stay~~ Supreme Court of Appeals of West Virginia;
_____(5) Stay informed concerning the conduct and condition of each probationer under the officer's supervision and ~~shall~~ report on the conduct and condition of each probationer in writing as often as the court requires; ~~The probation officer shall use~~
     (6) Use all practicable and suitable methods to aid and encourage the probationer to improve his or her conduct and condition; ~~The probation officer shall maintain~~
     (7) Perform random drug and alcohol testing on probationers under his or her supervision as directed by the circuit court;
_____(8) Maintain detailed work records; and ~~shall perform any other duties the court requires.~~
     (9) Perform any other duties the court requires.
_____(b) The probation officer ~~has authority~~ may, with or without an order or warrant, to arrest any probationer as provided in section ten of this article, and to arrest any person on supervised release when there is reasonable cause to believe that the person on supervised release has violated a condition of release. A person on supervised release so who is arrested shall be brought before the court for a prompt and summary hearing.
     ~~(b)~~ (c) Notwithstanding any provision of this code to the contrary:
     (1) Any probation officer appointed on or after July 1, 2002, may carry handguns in the course of the officer's official duties after meeting specialized qualifications established by the Governor's Committee on Crime, Delinquency and Correction. ~~which~~ The qualifications shall include the successful completion of handgun training, ~~including~~ which is comparable to the handgun training provided to law-enforcement officers by the West Virginia State Police and includes a minimum of four hours' training in handgun safety ~~and comparable to the handgun training provided to law-enforcement officers by the West Virginia State Police~~.
     (2) Probation officers may only carry handguns in the course of their official duties after meeting the specialized qualifications set forth in subdivision (1) of this subsection.
     (3) Nothing in this subsection includes probation officers within the meaning of law-enforcement officers as defined in section one, article twenty-nine, chapter thirty of this code.
     (d) The Supreme Court of Appeals of West Virginia may adopt a standardized risk and needs assessment with risk cut-off scores for use by probation officers, taking into consideration the assessment instrument adopted by the Division of Corrections under subsection (h), section thirteen of this article and the responsibility of the Division of Justice and Community Services to evaluate the use of the standardized risk and needs assessment. The results of any standardized risk and needs assessment are confidential.
§62-12-7. Pretrial and preliminary investigation; report on prospective probationers.
     (a) The Supreme Court of Appeals of West Virginia may adopt a standardized pretrial risk assessment for use by the Regional Jail Authority to assist magistrates and circuit courts in making pretrial decisions under article one-c of this chapter.
_____(b) ~~When~~ Unless otherwise directed by the court, the probation officer shall, in the form adopted by the Supreme Court of Appeals of West Virginia, make a careful investigation of, and a written report with recommendations concerning, any prospective probationer. Insofar as practicable, this report shall include information concerning the offender's court and criminal record, occupation, family background, education, habits and associations, mental and physical condition, the names, relationship, ages and condition of those dependent upon him or her for support and ~~such~~ any other facts as that may aid the court in determining the propriety and conditions of his or her release on probation. No A person convicted of a felony or of any offense described in article eight-b or eight-d, chapter sixty-one of this code against a minor child may not be released on probation until this report ~~shall have~~ has been presented to and considered by the court. The court may ~~in its discretion~~ request ~~such~~ a report concerning any person convicted of a misdemeanor. The presentence report of any person convicted of an offense, described in said articles or section twelve, article eight of said chapter, may include a statement from a therapist, psychologist or physician who is providing treatment to the child. A copy of all reports shall be filed with the Parole Board ~~of probation and parole~~.
§62-12-9. Conditions of release on probation.
     (a) Release on probation is conditioned upon the following:
     (1) That the probationer may not, during the term of his or her probation, violate any criminal law of this or any other state or of the United States;
     (2) That ~~he or she~~ the probationer may not, during the term of his or her probation, leave the state without the consent of the court which placed him or her on probation;
     (3) That ~~he or she~~ the probationer complies with the conditions prescribed by the court for his or her supervision by the probation officer;
     (4) That in every case ~~wherein~~ in which the probationer has been convicted of an offense defined in section twelve, article eight, chapter sixty-one of this code or article eight-b or eight-d of said chapter, against a child, the probationer may not live in the same residence as any minor child, nor exercise visitation with any minor child and ~~has~~ may have no contact with the victim of the offense: Provided, That the probationer may petition the court of the circuit ~~wherein~~ in which he or she was convicted for a modification of this term and condition of his or her probation and the burden rests upon the probationer to demonstrate that a modification is in the best interest of the child;
     (5) That the probationer ~~be required to~~ pay a fee, not to exceed $20 per month, to defray costs of supervision: Provided, That the court conducts a hearing prior to imposition of probation and makes a determination on the record that the offender is able to pay the fee without undue hardship. All moneys collected as fees from probationers pursuant to this subdivision ~~are to~~ shall be deposited with the circuit clerk who shall, on a monthly basis, remit the moneys collected to the State Treasurer for deposit in the State General Revenue Fund; and
     (6) That the probationer is required to pay the fee described in section four, article eleven-c of this chapter: Provided, That the court conducts a hearing prior to imposition of probation and makes a determination on the record that the offender is able to pay the fee without undue hardship.
     (b) In addition, the court may impose, subject to modification at any time, any other conditions which it may ~~deem~~ determine advisable, including, but not limited to, any of the following:
     (1) That ~~he or she~~ the probationer make restitution or reparation, in whole or in part, immediately or within the period of probation, to any party injured by the crime for which he or she has been convicted: Provided, That the court conducts a hearing prior to imposition of probation and makes a determination on the record that the offender is able to pay restitution without undue hardship;
     (2) That ~~he or she pay~~ the probationer pays any fine assessed and the costs of the proceeding in installments as directed by the court ~~may direct~~: Provided, That the court conducts a hearing prior to imposition of probation and makes a determination on the record that the offender is able to pay the costs without undue hardship;
     (3) That ~~he or she make contribution~~ the probationer makes contributions from his or her earnings, in sums as directed by the court ~~may direct~~, for the support of his or her dependents; and
     (4) That ~~he or she~~ the probationer, in the discretion of the court, be is required to serve a period of confinement in jail of the county in which he or she was convicted for a period not to exceed one third of the minimum sentence established by law or one third of the least possible period of confinement in an indeterminate sentence, but in no case may the period of confinement exceed six consecutive months. The court ~~has the authority to~~ may sentence the defendant within the six-month period to intermittent periods of confinement including, but not limited to, weekends or holidays and may grant to the defendant intermittent periods of release in order that he or she may work at his or her employment or for other reasons or purposes as the court may ~~deem~~ determine appropriate: Provided, That the provisions of article eleven-a of this chapter do not apply to intermittent periods of confinement and release except to the extent ~~that~~ directed by the court ~~may direct~~. If a period of confinement is required as a condition of probation, the court shall make special findings that other conditions of probation are inadequate and that a period of confinement is necessary.
     (c) Circuit courts may impose, as a condition of probation, participation in a day report center.
_____(1) To be eligible, the probationer must be identified as moderate to high risk of reoffending and moderate to high criminogenic need, as determined by the standardized risk and needs assessment adopted by the Supreme Court of Appeals of West Virginia under subsection (d), section six of this article, and applied by a probation officer or day report staff. In eligible cases, circuit courts may impose a term of up to one year: Provided, That notwithstanding the results of the standardized risk and needs assessment, a judge may impose, as a term of probation, participation in a day report center program upon making specific written findings of fact as to the reason for departing from the requirements of this subdivision.
_____(2) The day report center staff shall determine which services a person receives based on the results of the standardized risk and needs assessment and taking into consideration the other conditions of probation set by the court.
_____(d) For the purposes of this article, "day report center" means a court-operated or court-approved facility where persons ordered to serve a sentence in this type of facility are required to report under the terms and conditions set by the court for purposes which include, but are not limited to, counseling, employment training, alcohol or drug testing or other medical testing.
§62-12-10. Violation of probation.
     (a) If at any time during the period of probation there shall be reasonable cause to believe that the probationer has violated any of the conditions of his or her probation, the probation officer may arrest him or her with or without an order or warrant, or the court which placed him or her on probation, or the judge thereof in vacation, may issue an order for his or her arrest, whereupon he or she shall be brought before the court, or the judge thereof in vacation, for a prompt and summary hearing.
     (1) If ~~it shall then appears to the satisfaction of~~ the court or judge finds reasonable cause exists to believe that ~~any condition of probation has been violated~~ the probationer:
_____(A) Absconded supervision;
_____(B) Engaged in new criminal conduct other than a minor traffic violation or simple possession of a controlled substance; or
_____(C) Violated a special condition of probation designed either to protect the public or a victim;
the court or judge may revoke the suspension of imposition or execution of sentence, impose sentence if none has been imposed and order that sentence be executed.
_____(2) If the judge finds that reasonable cause exists to believe that the probationer violated any condition of supervision other than the conditions of probation set forth in subdivision (1) of this subsection, then, for the first violation, the judge shall impose a period of confinement up to sixty days, or, for the second violation, a period of confinement up to one hundred twenty days. For the third violation, the judge may revoke the suspension of imposition or execution of sentence, impose sentence if none has been imposed and order that sentence be executed, with credit for time spent in confinement under this section.
_____(3) In computing the period for which the offender is to be confined, the time between his or her release on probation and his or her arrest may not be taken to be any part of the term of his or her sentence.
_____(b) A probationer confined for a first or second violation pursuant to subdivision (2), subsection (a) of this section may be confined in jail, and the costs of confining felony probationers shall be paid out of funds appropriated for the Division of Corrections. Whenever the court orders the incarceration of a probationer pursuant to the provisions of subdivision (2), subsection (a) of this section, a circuit clerk shall provide a copy of the order of confinement within five days to the Commissioner of Corrections.
_____(c) If, despite a violation of the conditions of probation, the court or judge ~~shall be~~ is of the opinion that the interests of justice do not require that the probationer serve his or her sentence or a period of confinement, the ~~court or~~ judge may, except when the violation was the commission of a felony, again release him or her on probation: Provided, That a judge may otherwise depart from the sentence limitations set forth in subdivision (2), subsection (a) of this section upon making specific written findings of fact supporting the basis for the departure.
§62-12-13. Powers and duties of board; eligibility for parole; procedure for granting parole.
     (a) The ~~board of parole~~ Parole Board, whenever it is of the opinion that the best interests of the state and of the inmate will be served, and subject to the limitations ~~hereinafter~~ provided in this section, shall release any inmate on parole for terms and upon conditions ~~as are~~ provided by this article.
     (b) Any inmate of a state correctional ~~center~~ institution is eligible for parole if he or she:
     (1) (A) Has served the minimum term of his or her indeterminate sentence or has served one fourth of his or her definite term sentence, as the case may be; or
     (B) He or she:
     (i) Has applied for and been accepted by the Commissioner of Corrections into an accelerated parole program;
     (ii) Does not have a prior criminal conviction for a felony crime of violence against the person, a felony offense involving the use of a firearm or a felony offense where the victim was a minor child.
     ~~(iii) Has no record of institutional disciplinary rule violations for a period of one hundred twenty days prior to parole consideration unless the requirement is waived by the commissioner;~~
     ~~(iv)~~ (iii) Is not serving a sentence for a crime of violence against the person, or more than one felony for a controlled substance offense for which the inmate is serving a consecutive sentence, a felony offense involving the use of a firearm or a felony ~~offence~~ offense where the victim was a minor child; and
     ~~(v)~~ (iv) Has successfully completed a rehabilitation treatment program created with the assistance of a standardized risk and needs assessment.
     ~~(I) As used in this section "felony crime of violence against the person" means felony offenses set forth in articles two, three-e, eight-b or eight-d of chapter sixty-one of this code; and~~
     (II) As used in this section "felony offense where the victim was a minor child" means any felony crime of violence against the person and any felony violation set forth in article eight, eight-a, eight-c or eight-d of chapter sixty-one of this code.
     (C) Notwithstanding any provision of this code to the contrary, any ~~person~~ inmate who committed, or attempted to commit, a felony with the use, presentment or brandishing of a firearm, is not eligible for parole prior to serving a minimum of three years of his or her sentence or the maximum sentence imposed by the court, whichever is less: Provided, That any ~~person~~ inmate who committed, or attempted to commit, any violation of section twelve, article two, chapter sixty-one of this code, with the use, presentment or brandishing of a firearm, is not eligible for parole prior to serving a minimum of five years of his or her sentence or one third of his or her definite term sentence, whichever is greater. Nothing in this paragraph applies to an accessory before the fact or a principal in the second degree who has been convicted as if he or she were a principal in the first degree if, in the commission of or in the attempted commission of the felony, only the principal in the first degree used, presented or brandished a firearm. ~~A person~~ An inmate is not ineligible for parole under the provisions of this paragraph because of the commission or attempted commission of a felony with the use, presentment or brandishing of a firearm unless that fact is clearly stated and included in the indictment or presentment by which the person was charged and was either: (i) Found guilty by the court at the time of trial upon a plea of guilty or nolo contendere; (ii) found guilty by the jury, upon submitting to the jury a special interrogatory for such purpose if the matter was tried before a jury; or (iii) found guilty by the court, if the matter was tried by the court without a jury.
     For the purpose of this section, the term "firearm" means any instrument which will, or is designed to, or may readily be converted to, expel a projectile by the action of an explosive, gunpowder or any other similar means.
     (D) The amendments to this subsection adopted in the year 1981:
     (i) Apply to all applicable offenses occurring on or after August 1 of that year;
     (ii) Apply with respect to the contents of any indictment or presentment returned on or after August 1 of that year irrespective of when the offense occurred;
     (iii) Apply with respect to the submission of a special interrogatory to the jury and the finding to be made thereon in any case submitted to the jury on or after August 1 of that year or to the requisite findings of the court upon a plea of guilty or in any case tried without a jury: Provided, That the state gives notice in writing of its intent to seek such finding by the jury or court, as the case may be. ~~which~~ The notice shall state with particularity the grounds upon which the finding will be sought as fully as ~~such~~ the grounds are otherwise required to be stated in an indictment, unless the grounds ~~therefor~~ upon which the finding will be sought are alleged in the indictment or presentment upon which the matter is being tried; and
     (iv) Does not apply with respect to cases not affected by the amendments and in ~~such~~ those cases the prior provisions of this section apply and are construed without reference to the amendments.
     ~~(1)~~ (v) Insofar as the amendments relate to mandatory sentences restricting the eligibility for parole, all matters requiring a mandatory sentence shall be proved beyond a reasonable doubt in all cases tried by the jury or the court.
     (E) As used in this section "felony crime of violence against the person" means felony offenses set forth in article two, three-e, eight-b or eight-d, chapter sixty-one of this code.
_____(F) As used in this section "felony offense where the victim was a minor child" means any felony crime of violence against the person and any felony violation set forth in article eight, eight-a, eight-c or eight-d, chapter sixty-one of this code.
_____(G) For the purpose of this section, the term "firearm" means any instrument which will, or is designed to, or may readily be converted to, expel a projectile by the action of an explosive, gunpowder or any other similar means.
     (2) Is not in punitive segregation or administrative segregation as a result of disciplinary action;
     (3) Has maintained a record of good conduct in prison for a period of at least three months immediately preceding the date of his or her release on parole;
     (4) Has prepared and submitted to the ~~board~~ Parole Board a written parole release plan setting forth proposed plans for his or her place of residence, employment and, if appropriate, his or her plans regarding education and post-release counseling and treatment Provided, That an inmate's application for parole may be considered by the board without the prior submission of a home plan, but the inmate shall have a home plan approved by the board prior to his or her release on parole. The Commissioner of Corrections or his or her designee shall review and investigate the plan ~~to be reviewed and investigated~~ and provide recommendations to the board as to the suitability of the plan: Provided, That in cases in which there is a mandatory thirty-day notification period required prior to the release of the inmate, pursuant to section twenty-three of this article, the board may conduct an initial interview and deny parole without requiring the development of a plan. In the event the board ~~does not believe parole should be denied~~ believes parole should be granted, it may defer a final decision pending completion of an investigation and receipt of recommendations. Upon receipt of the plan together with the investigation and recommendation, the board, through a panel, shall make a final decision regarding the granting or denial of parole; and
     (5) Has satisfied the board that if released on parole he or she will not constitute a danger to the community.
     (c) Except in the case of ~~a person~~ an inmate serving a life sentence, no a person who has been previously twice convicted of a felony may not be released on parole until he or she has served the minimum term provided by law for the crime for which he or she was convicted. ~~A person~~ An inmate sentenced for life may not be paroled until he or she has served ten years, and ~~a person~~ an inmate sentenced for life who has been previously twice convicted of a felony may not be paroled until he or she has served fifteen years: Provided, That ~~a person~~ an inmate convicted of first degree murder for an offense committed on or after June 10, 1994, is not eligible for parole until he or she has served fifteen years.
     (d) In the case of ~~a person~~ an inmate sentenced to any state correctional ~~center, it is the duty of the board~~ institution, the Parole Board, as soon as ~~a person~~ that inmate becomes eligible, to shall consider the advisability of his or her release on parole.
     (e) If, upon consideration, parole is denied, the board shall promptly notify the inmate of the denial. The board shall, at the time of denial, notify the inmate of the month and year he or she may apply for reconsideration and review. The board shall at least once a year reconsider and review the case of every inmate who was denied parole and who is still eligible: Provided, That the board may reconsider and review parole eligibility anytime within three years following the denial of parole of an inmate serving a life sentence with the possibility of parole.
     (f) Any ~~person~~ inmate serving a sentence on a felony conviction who becomes eligible for parole consideration prior to being transferred to a state correctional ~~center~~ institution may make written application for parole. The terms and conditions for parole consideration established by this article apply to ~~such inmates~~ that inmate.
     (g) The board shall, with the approval of the Governor, adopt rules governing the procedure in the granting of parole. No provision of this article and none of the rules adopted ~~hereunder~~ under this article are intended or may be construed to contravene, limit or otherwise interfere with or affect the authority of the Governor to grant pardons and reprieves, commute sentences, remit fines or otherwise exercise his or her constitutional powers of executive clemency.
     (h) (1) The Division of Corrections shall promulgate policies and procedures for developing a rehabilitation treatment plan created with the assistance of a standardized risk and needs assessment. The policies and procedures shall ~~include, but not be limited to, policy and procedures for~~ provide for, at a minimum, screening and selecting inmates for rehabilitation treatment and development, ~~and use of~~ using standardized risk and needs assessment and substance abuse assessment tools, and prioritizing the use of residential substance abuse treatment resources based on the results of the standardized risk and needs assessment and a substance abuse assessment. The results of all standardized risk and needs assessments and substance abuse assessments are confidential.
_____(2) An inmate shall not be paroled under paragraph (B), subdivision (1), subsection (b) of this section solely due to having successfully completed a rehabilitation treatment plan, but completion of all the requirements of a rehabilitation ~~parole~~ treatment plan along with compliance with the requirements of subsection (b) of this section ~~shall~~ creates a rebuttable presumption that parole is appropriate. The presumption created by this ~~subsection~~ subdivision may be rebutted by a Parole Board finding that, according to the standardized risk and needs assessment, at the time parole release is sought the inmate still constitutes a reasonable risk to the safety or property of other persons if released. Nothing in subsection (b) of this section or in this subsection may be construed to create a right to parole.
     (i) Notwithstanding the provisions of subsection (b) of this section, the Parole Board may, ~~in its discretion,~~ grant or deny parole to an inmate against whom a detainer is lodged by a jurisdiction other than West Virginia for service of a sentence of incarceration, upon a written request for parole from the inmate. A denial of parole under this subsection ~~shall preclude~~ precludes consideration for parole for a period of one year or until the provisions of subsection (b) of this section are applicable.
     (j) ~~Where~~ If an inmate is otherwise eligible for parole pursuant to subsection (b) of this section ~~but~~ and has completed the rehabilitation treatment program required under subsection (h) of this section, the Parole Board ~~determines that~~ may not require the inmate ~~should~~ to participate in an additional program, or but may determine that the inmate must complete an assigned task or tasks prior to actual release on parole. The board may grant parole contingently, effective upon successful completion of the ~~program or~~ assigned task or tasks, without the need for a further hearing. ~~The Commissioner of Corrections shall provide notice to the Parole Board of the imminent release of a contingently paroled inmate to effectuate appropriate supervision.~~
     (k) (1) The Division of Corrections ~~is charged with the duty of supervising~~ shall supervise all probationers and parolees whose supervision may have been undertaken by this state by reason of any interstate compact entered into pursuant to the Uniform Act For Out-of-State Parolee Supervision.
     (2) The Division of Corrections shall provide supervision, treatment/recovery and support services for all persons released to mandatory supervision under section twenty-seven, article five, chapter twenty-eight of this code.
     (l) (1) When considering an inmate of a state correctional center for release on parole, the Parole Board panel considering the parole ~~is to~~ shall have before it an authentic copy of or report on the inmate's current criminal record as provided through the West Virginia State Police, the United States Department of Justice or any other reliable criminal information sources and written reports of the warden or superintendent of the state correctional ~~center~~ institution to which the inmate is sentenced:
     (A) On the inmate's conduct record while in custody, including a detailed statement showing any and all infractions of disciplinary rules by the inmate and the nature and extent of discipline administered ~~therefor~~ for the infractions;
     (B) On improvement or other changes noted in the inmate's mental and moral condition while in custody, including a statement expressive of the inmate's current attitude toward society in general, toward the judge who sentenced him or her, toward the prosecuting attorney who prosecuted him or her, toward the policeman or other officer who arrested the inmate and toward the crime for which he or she is under sentence and his or her previous criminal record;
     (C) On the inmate's industrial record while in custody which shall include: The nature of his or her work, occupation or education, the average number of hours per day he or she has been employed or in class while in custody and a recommendation as to the nature and kinds of employment which he or she is best fitted to perform and in which the inmate is most likely to succeed when he or she leaves ~~prison~~ the state correctional institution; and
     (D) On any physical, mental, ~~and~~ psychological or psychiatric examinations of the inmate. ~~conducted, insofar as practicable, within the two months next preceding parole consideration by the board.~~
     (2) The Parole Board panel considering the parole may waive the requirement of any report when not available or not applicable as to any inmate considered for parole but, in every ~~such~~ case, shall enter in ~~the~~ its record ~~thereof~~ its reason for the waiver: Provided, That in the case of an inmate who is incarcerated because the inmate has been found guilty of, or has pleaded guilty to, a felony under the provisions of section twelve, article eight, chapter sixty-one of this code or under the provisions of article eight-b or eight-c of said chapter, the Parole Board panel may not waive the report required by this subsection. ~~and~~ The report ~~is to~~ shall include a study and diagnosis of the inmate, including an on-going treatment plan requiring active participation in sexual abuse counseling at an approved mental health facility or through some other approved program: Provided, however, That nothing disclosed by the ~~person~~ inmate during the study or diagnosis may be made available to any law-enforcement agency, or other party without that ~~person's~~ inmate's consent, or admissible in any court of this state, unless the information disclosed indicates the intention or plans of the parolee to do harm to any person, animal, institution or to property. Progress reports of outpatient treatment are to be made at least every six months to the parole officer supervising the ~~person~~ parolee. In addition, in such cases, the Parole Board shall inform the prosecuting attorney of the county in which the person was convicted of the parole hearing and shall request that the prosecuting attorney inform the Parole Board of the circumstances surrounding a conviction or plea of guilty, plea bargaining and other background information that might be useful in its deliberations.
     (m) Before releasing any inmate on parole, the ~~board of parole~~ Parole Board shall arrange for the inmate to appear in person before a Parole Board panel and the panel may examine and interrogate him or her on any matters pertaining to his or her parole, including reports before the Parole Board made pursuant to the provisions ~~hereof~~ of this section: Provided, That an inmate may appear by video teleconference if the members of the Parole Board panel conducting the examination are able to contemporaneously see the inmate and hear all of his or her remarks and if the inmate is able to contemporaneously see each of the members of the panel conducting the examination and hear all of the members' remarks. The panel shall reach its own written conclusions as to the desirability of releasing the inmate on parole and the majority of the panel considering the release ~~shall~~ must concur in the decision. The warden or superintendent shall furnish all necessary assistance and cooperate to the fullest extent with the Parole Board. All information, records and reports received by the Parole Board ~~are to~~ shall be kept on permanent file.
     (n) The Parole Board and its designated agents are at all times to have access to inmates imprisoned in any state correctional ~~center~~ institution or in any jail in this state and may obtain any information or aid necessary to the performance of its duties from other departments and agencies of the state or from any political subdivision ~~thereof~~ of the state.
     (o) The Parole board shall, if so requested by the Governor, investigate and consider all applications for pardon, reprieve or commutation and shall make recommendation ~~thereon~~ on the applications to the Governor.
     (p) (1) Prior to making a recommendation for pardon, reprieve or commutation, ~~and prior to releasing any inmate on parole~~ the board shall notify the sentencing judge and prosecuting attorney at least ten days before the recommendation ~~or parole~~.
     (2) Notwithstanding any other provision of law to the contrary, if the board grants a person parole, the board shall provide written notice to the prosecuting attorney and circuit judge of the county in which the inmate was prosecuted, that parole has been granted. The notice shall be sent by certified mail, return receipt requested and include the anticipated date of release and the person's anticipated future residence. A written statement of reasons for releasing the person, prepared pursuant to subsection (b) of this section, shall be provided upon request.
     (q) ~~Any person released on parole~~ A parolee shall participate as a condition of parole in the litter control program of the county to which he or she is released to the extent directed by the Parole Board, unless the board specifically finds that this alternative service would be inappropriate.
     (r) Except for the amendments to this section contained in subdivision (4), subsection (b) and subsection (i) of this section the amendments to this section enacted during the 2010 regular session of the Legislature shall become effective on January 1, 2011.
§62-12-14a. Director of employment; director of housing; released inmates; duties.
     The ~~board shall have authority to~~ Commissioner of Corrections may employ or contract for a director of employment and a director of housing for ~~paroled or pardoned prisoners. It shall be the duty of the~~ released inmates. The director of employment shall work with federal, state, county and local government and private entities to negotiate agreements which facilitate employment opportunities for released inmates. The director of housing shall work with federal, state, county and local government and private entities to negotiate agreements which facilitate housing opportunities for released inmates. The director to of employment shall investigate job opportunities and to give every possible assistance in helping ~~prisoners, eligible to be paroled or who have been granted parole under this article to~~ released inmates find employment. The director of housing shall work in conjunction with the parole division and the Parole Board to reduce release delays due to lack of a home plan, develop community housing resources and provide short-term loans to released inmates for costs related to reentry into the community.
§62-12-15. Powers and duties of state parole officers.
     (a) Each state parole officer shall:
     (1) Investigate all cases referred to him or her for investigation by the Commissioner of Corrections and ~~shall~~ report in writing ~~thereon; He or she or she shall furnish~~ on the investigation;
_____(2) Update the standardized risk and needs assessment adopted by the Division of Corrections under subsection (h), section thirteen of this article for each parolee for whom an assessment has not been conducted for parole by a specialized assessment officer;
_____(3) Supervise each parolee according to the assessment and supervision standards determined by the Commissioner of Corrections;
_____(4) Furnish to each ~~person released on parole~~ parolee under his or her supervision a written statement of the conditions of his or her parole together with a copy of the rules prescribed by the ~~board, as the case may be~~ Commissioner of Corrections for the supervision of parolees; ~~He or she or she shall keep~~
     (5) Keep informed concerning the conduct and condition of each ~~person~~ parolee under his or her supervision and ~~shall~~ report ~~thereon~~ on the conduct and condition of each parolee in writing as often as required by the Commissioner of Corrections ~~may require; He or she or she shall use~~;
     (6) Use all practicable and suitable methods to aid and encourage ~~persons on parole~~ a parolee and to bring about improvement in ~~their~~ his or her conduct and condition; ~~He or she or she shall keep~~
     (7) Keep detailed records of his or her work; ~~shall keep~~
     (8) Keep accurate and complete accounts of and give receipts for all money collected from ~~persons~~ parolees under his or her supervision and ~~shall~~ pay over the money to ~~those~~ persons designated by a circuit court or the Commissioner of Corrections ~~may designate; He or she or she shall give~~;
     (9) Give bond with good security, to be approved by the Commissioner of Corrections, in a penalty of not less than $1,000 nor more than $3,000, as determined by the Commissioner of Corrections ~~may determine~~; and ~~also perform~~
     (10) Perform any other duties required by the Commissioner ~~may require~~ of Corrections.
     (b) ~~He or she has authority~~ Each state parole officer may, with or without an order or warrant, to arrest or order confinement of any parolee. He or she has all the powers of a notary public, with authority to act anywhere within the state.
     (c) The Commissioner of Corrections may issue a certificate authorizing any state parole officer who has successfully completed the Division of Corrections' training program for firearms certification, which is the equivalent of that required of deputy sheriffs, to carry firearms or concealed weapons. Any parole officer authorized by the Commissioner of Corrections may, without a state license, carry firearms and concealed weapons. Each state parole officer, authorized by the Commissioner of Corrections, shall carry with him or her a certificate authorizing him or her to carry a firearm or concealed weapon bearing the official signature of the Commissioner of Corrections.
§62-12-17. Conditions of release on probation and parole.
     (a) Release and supervision on parole of any person, including the supervision by the Division of Corrections of any person paroled by any other state or by the federal government, shall be upon the following conditions:
     (1) That the parolee may not, during the period of his or her parole, violate any criminal law of this or any other state or of the United States;
     (2) That ~~he or she~~ the parolee may not, during the period of his or her parole, leave the state without the consent of the Division of Corrections;
     (3) That ~~he or she shall comply~~ the parolee complies with the rules prescribed by the Division of Corrections for his or her supervision by the parole officer;
     (4) That in every case in which the parolee for a conviction is seeking parole from an offense against a child, defined in section twelve, article eight, chapter sixty-one of this code, or article eight-b or eight-d of said chapter, or similar convictions from other jurisdictions where the parolee is returning or attempting to return to this state pursuant to the provisions of article six, chapter twenty-eight of this code, the parolee may not live in the same residence as any minor child nor exercise visitation with any minor child nor may he or she have any contact with the victim of the offense; and
     (5) That the parolee, and all federal or foreign state probationers and parolees whose supervision may have been undertaken by this state, ~~is required to~~ pay a fee, based on his or her ability to pay, not to exceed $40 per month to defray the costs of supervision.
     (b) The Commissioner of Corrections shall keep a record of all actions taken and account for moneys received. ~~No provision of this section prohibits the division from collecting the fees and conducting the checks upon the effective date of this section.~~ All moneys shall be deposited in a special account in the State Treasury to be known as the Parolee's Supervision Fee Fund. Expenditures from the fund shall be for the purposes of providing the parole supervision required by the provisions of this code and are not authorized from collections, but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter five-a of this code. Amounts collected which are found, from time to time, to exceed the funds needed for purposes set forth in this article may be transferred to other accounts or funds and redesignated for other purposes by appropriation of the Legislature.
     (c) The Division of Corrections shall consider the following factors in determining whether a parolee or probationer is financially able to pay the fee:
     (1) Current income prospects for the parolee or probationer, taking into account seasonal variations in income;
     (2) Liquid assets of the parolee or probationer, assets of the parolee or probationer that may provide collateral to obtain funds and assets of the parolee or probationer that may be liquidated to provide funds to pay the fee;
     (3) Fixed debts and obligations of the parolee or probationer, including federal, state and local taxes and medical expenses;
     (4) Child care, transportation and other reasonably necessary expenses of the parolee or probationer related to employment; and
     (5) The reasonably foreseeable consequences for the parolee or probationer if a waiver of, or reduction in, the fee is denied.
     (d) In addition, the Division of Corrections may impose, subject to modification at any time, any other conditions which the Division considers advisable.
     (e) The Division of Corrections may order substance abuse treatment as a condition or as a modification of parole, only if the standardized risk and needs assessment indicates the offender has a high risk for reoffending and a need for substance abuse treatment.
_____(f) The Division of Corrections may impose, as an initial condition of parole, a term of reporting to a day report center or other community corrections program only if the standardized risk and needs assessment indicates a moderate to high risk of reoffending and moderate to high criminogenic need. Any parolee required to report to a day report center or other community corrections program is subject to all the rules and regulations of the center or program and may be removed at the discretion of the center's or program's director. The Commissioner of Corrections shall enter into a master agreement with the Division of Justice and Community Services to provide reimbursement to counties for the use of community corrections programs by eligible parolees. Any placement by the Division of Corrections of a parolee in a day report center or other community corrections program may only be done with the center's or program's director's consent and the parolee is subject to all of the rules and regulations of the center or program and may be removed by the director.
§62-12-19. Violation of parole.
     (a) If at any time during the period of parole there is reasonable cause to believe that the parolee has violated any of the conditions of his or her release on parole, the parole officer may arrest him or her with or without an order or warrant, or the Commissioner of Corrections may issue a written order or warrant for his or her arrest. ~~which~~ The written order or warrant is sufficient for his or her arrest by any officer charged with the duty of executing an ordinary criminal process. The commissioner's written order or warrant delivered to the sheriff against the ~~paroled prisoner~~ parolee shall be a command to keep custody of the parolee for the jurisdiction of the Division of Corrections. ~~and during~~ During the period of custody, the parolee may be admitted to bail by the court before which the parolee was sentenced. If the parolee is not released on a bond, the costs of confining the paroled prisoner shall be paid out of the funds appropriated for the Division of Corrections.
     (1) If reasonable cause is found to exist that a parolee has violated a term or terms of his or her release on parole that does not constitute:
_____(A) Absconding supervision;
_____(B) New criminal conduct other than a minor traffic violation or simple possession of a controlled substance; or
_____(C) Violation of a special condition of parole designed either to protect the public or a victim;
the parole officer may, after consultation with and written approval by the director of parole services, for the first violation, require the parolee to serve a period of confinement up to sixty days, or, for the second violation, a period of confinement up to one hundred twenty days: Provided, That the Division of Corrections shall notify the Parole Board when a parolee is serving such a term of confinement and the Parole Board may deny further confinement. A parolee serving a term of confinement in the first or second instance may be confined in jail or any other facility designated by the commissioner, but shall be committed to the custody of the Commissioner of Corrections, and the costs of confining the parolee shall be paid out of funds appropriated for the Division of Corrections: Provided, however, That upon written request, the parolee shall be afforded the right to a hearing within forty-five days before the Parole Board regarding whether he or she violated the conditions of his or her release on parole.
_____~~(b)~~ (2) When a parolee is ~~under arrest~~ in custody for a violation of the conditions of his or her parole, he or she shall be given a prompt and summary hearing before a Parole Board panel ~~of the Board~~ upon his or her written request, at which the parolee and his or her counsel ~~are~~ shall be given an opportunity to attend.
     (A) If at the hearing it ~~appears to the satisfaction of the panel~~ is determined that reasonable cause exists to believe that the parolee has: ~~violated any condition of his or her release on parole, or any rules or conditions of his or her supervision~~
_____(i) Absconded supervision;
_____(ii) Committed new criminal conduct other than a minor traffic violation or simple possession of a controlled substance; or
_____(iii) Violated a special condition of parole design to protect either the public or a victim,
the panel may revoke his or her parole and may require him or her to serve in ~~prison~~ a state correctional institution the remainder or any portion of his or her maximum sentence for which, at the time of his or her release, he or she was subject to imprisonment.
     (B) If the Parole Board panel finds that reasonable cause exists to believe that the parolee has violated a condition of release or supervision other than the conditions of parole set forth in subparagraph (A), subdivision (2) of this subsection, the panel shall require the parolee to serve, for the first violation, a period of confinement up to sixty days, or, for the second violation, a period of confinement up to one hundred twenty days unless the Parole Board makes specific written findings of fact that a departure from the specific limitations of this paragraph is warranted: Provided, That if the violation of the conditions of parole or rules for his or her supervision is not a felony as set out in section eighteen of this article, the panel may, if in its judgment the best interests of justice do not require ~~revocation~~ a period of confinement, reinstate him or her on parole. The Division of Corrections shall effect release from custody upon approval of a home plan.
     (b) Notwithstanding any provision of this code to the contrary, when reasonable cause has been found to believe that a parolee has violated the conditions of his or her parole but the violation does not constitute felonious conduct, the commissioner may, ~~in his or her discretion and~~ with the written consent of the parolee, allow the parolee to remain on parole with additional conditions or restrictions. The additional conditions or restrictions may include, but are not limited to, participation in any program described in subsection (d), section five, article eleven-c of this chapter. ~~Compliance by~~ If the parolee complies with the conditions of parole ~~precludes revocation of~~ the commissioner may not revoke his or her parole for the conduct which constituted the violation. ~~Failure of~~ If the parolee fails to comply with the conditions or restrictions and all other conditions of release, that failure is an additional violation of parole and the commissioner may proceed against the parolee ~~may be proceeded against~~ under the provisions of this section for the original violation as well as any subsequent violations.
     (c) When a parolee has violated the conditions of his or her release on parole by confession to, or being convicted of, any of the crimes set forth in section eighteen of this article, he or she shall be returned to the custody of the Division of Corrections to serve the remainder of his or her maximum sentence, during which remaining part of his or her sentence he or she is ineligible for further parole.
     (d) Whenever ~~the~~ a person's parole ~~of a paroled prisoner~~ has been revoked, the commissioner shall, upon receipt of the panel's written order of revocation, convey and transport the paroled prisoner to a state correctional institution. A ~~paroled prisoner~~ parolee whose parole has been revoked shall remain in custody ~~of the sheriff~~ until delivery to a corrections officer sent and duly authorized by the commissioner for the removal of the ~~paroled prisoner~~ parolee to a state ~~penal~~ correctional institution. The cost of confining the ~~paroled prisoner~~ parolee shall be paid out of the funds appropriated for the Division of Corrections.
     (e) When a ~~paroled prisoner~~ parolee is convicted of, or confesses to, any one of the crimes enumerated in section eighteen of this article, it is the duty of the Parole Board to cause him or her to be returned to this state for a summary hearing as provided by this article. Whenever a parolee has absconded supervision, the commissioner shall issue a warrant for his or her apprehension and return to this state for the hearing provided ~~for~~ in this article: Provided, That the panel considering revocation may, if it determines the best interests of justice do not require revocation, cause the ~~paroled absconder~~ parolee to be reinstated to parole.
     (f) A warrant filed by the commissioner shall stay the running of his or her sentence until the parolee is returned to the custody of the Division of Corrections and is physically in West Virginia.
     (g) Whenever a parolee who has absconded supervision or has been transferred out of this state for supervision pursuant to section one, article six, chapter twenty-eight of this code is returned to West Virginia due to a violation of parole and costs are incurred by the Division of Corrections, the commissioner may assess reasonable costs from the parolee's inmate funds or the parolee as reimbursement to the Division of Corrections for the costs of returning him or her to West Virginia.
     (h) Conviction of a felony for conduct occurring during the period of parole is proof of violation of the conditions of parole and the hearing procedures required by the provisions of this section are inapplicable.
     (i) The Commissioner ~~of the Division~~ of Corrections may issue subpoenas for persons and records necessary to prove a violation of the terms and conditions of a parolee's parole either at a preliminary hearing or at a final hearing before a ~~panel of the~~ Parole Board panel. The subpoenas shall be served in the same manner provided in the Supreme Court of Appeals of West Virginia Rules of Criminal Procedure. The subpoenas may be enforced by the commissioner through application or petition of the commissioner to the circuit court for contempt or other relief.
§62-12-29. Shared information for community supervision.
     (a) The Administrative Director of the Supreme Court of Appeals of West Virginia is requested to assemble a community supervision committee, to include representatives of the judiciary, probation, parole, day report centers, magistrates, sheriffs, corrections and other members at the discretion of the director. The administrative director shall appoint a chair from among the members, and attend the meeting ex officio.
     (b) The committee shall:
     (1) Design and deploy a method for probation officers, parole officers, day report centers and others providing community supervision to electronically share offender information and assessments;
     (2) Coordinate information reporting and access across agencies continuing supervision;
     (3) Collect and share information about assessed and collected restitution among agencies continuing supervision;
     (4) Collect sentencing-level data to enable the study of sentencing practices across the state; and
     (5) Coordinate with the Community Corrections Subcommittee of the Governor's Committee on Crime, Delinquency and Correction in the discharge of these duties.
     (c) The committee shall annually submit a report on its activities during the previous year, on or before September 30, to the Governor, the Speaker of the House of Delegates, the President of the Senate and, upon request, to any individual member of the Legislature.
ARTICLE 15. DRUG OFFENDER ACCOUNTABILITY AND TREATMENT ACT.
§62-15-2. Definitions.
     For the purposes of this article:
     (1) "Assessment" means a diagnostic evaluation to determine whether and to what extent a person is a drug offender under this article and would benefit from its provisions. The assessment shall be conducted in accordance with the ~~standards, procedures, and diagnostic criteria designed to provide effective and cost-beneficial use of available resources~~ standardized risk and needs assessment and risk cut-off scores adopted by the West Virginia Supreme Court of Appeals. The results of all standardized risk and needs assessments and risk cut-off scores are confidential.
     (2) "Continuum of care" means a seamless and coordinated course of substance abuse education and treatment designed to meet the needs of drug offenders as they move through the criminal justice system and beyond, maximizing self-sufficiency.
     (3) "Controlled substance" means a drug or other substance for which a medical prescription or other legal authorization is required for purchase or possession.
     (4) "Drug" means a controlled substance, an illegal drug or other harmful substance.
     (5) "Drug court" means a judicial intervention process that incorporates the Ten Key Components and may include preadjudication or post-adjudication participation.
     (6) "Drug court team" ~~may~~ shall consist of the following members who are assigned to the drug court:
     (A) The drug court judge, which may include a magistrate, mental hygiene commissioner or other hearing officer;
     (B) The prosecutor;
     (C) The public defender or a member of the criminal defense bar;
     (D) A representative from the day report center or community corrections program, if operating in the jurisdiction;
     (E) A law-enforcement officer;
     (F) The drug court coordinator;
     (G) A representative from a circuit court probation office or the division of parole supervision or both;
     (H) One or more substance abuse treatment providers; and
     (I) Any other persons selected by the drug court team.
     (7) "Drug offender" means an adult person charged with a drug-related offense or an offense in which substance abuse is determined from the evidence to have been a factor in the commission of the offense.
     (8) "Dual diagnosis" means a substance abuse and cooccurring mental health disorder.
     (9) "Local advisory committee" may consist of the following members or their designees:
     (A) A drug court circuit judge, who shall serve as chair;
     (B) Drug court ~~magistrate(s)~~ magistrates;
     (C) The prosecutor;
     (D) A public defender;
     (E) The drug court coordinator;
     (F) A member of the criminal defense bar;
     (G) The circuit clerk;
     (H) A day report center director;
     (I) A circuit court probation officer, parole officer or both;
     (J) Law enforcement;
     (K) One or more substance abuse treatment providers;
     (L) A corrections representative; and
     (M) Any such other person or persons the chair ~~deems~~ considers appropriate.
     (10) "Illegal drug" means a drug whose manufacture, sale, use or possession is forbidden by law;
     (11) "Memorandum of Understanding" means a written document setting forth an agreed upon procedure.
     (12) "Offender" means an adult charged with a criminal offense punishable by incarceration.
     (13) "Other harmful substance" means a misused substance otherwise legal to possess, including alcohol.
     (14) "Preadjudication order" means a court order requiring a drug offender to participate in drug court before charges are filed or before conviction.
     (15) "Post adjudication" means a court order requiring a drug offender to participate in drug court after having entered a plea of guilty or nolo contendre or having been found guilty.
     (16) "Recidivism" means any subsequent arrest for a serious offense (carrying a sentence of at least one year) resulting in the filing of a charge.
     (17) "Relapse" means a return to substance use after a period of abstinence.
     (18) "Split sentencing" means a sentence which includes a period of incarceration followed by a period of supervision.
     (19) "Staffing" means the meeting before a drug offender's appearance in drug court in which the drug court team discusses a coordinated response to the drug offender's behavior.
     (20) "Substance" means ~~drug~~ drugs or alcohol.
     (21) "Substance abuse" means the illegal or improper consumption of a ~~drug~~ substance.
     (22) "Substance abuse treatment" means a program designed to provide prevention, education, and therapy directed toward ending substance abuse and preventing a return to substance usage, through a continuum of care, including: Treatment of cooccurring substance abuse and mental health issues; outpatient care; intensive outpatient care; residential care; peer support; relapse prevention; and cognitive behavioral programming, based on research about effective treatment/recovery models for the offender population.
     (23) "Ten key components" means the following benchmarks intended to describe the very best practices, designs and operations of drug courts. These benchmarks are meant to serve as a practical, yet flexible framework for developing effective drug courts in vastly different jurisdictions and to provide a structure for conducting research and evaluation for program accountability:
     (A) Drug courts integrate alcohol and other drug treatment services with justice system case processing;
     (B) Using a nonadversarial approach, prosecution and defense counsel promote public safety while protecting participants' due process rights;
     (C) Eligible participants are identified early and promptly placed in the drug court program;
     (D) Drug courts provide access to a continuum of alcohol, drug and other related treatment and rehabilitation services;
     (E) Abstinence is monitored by frequent alcohol and other drug testing;
     (F) A coordinated strategy governs drug court responses to participants' compliance;
     (G) Ongoing judicial interaction with each drug court participant is essential;
     (H) Monitoring and evaluation measure the achievement of program goals and gauge effectiveness;
     (I) Continuing interdisciplinary education promotes effective drug court planning, implementation and operations; and
     (J) Forging partnerships among drug courts, public agencies and community-based organizations generates local support and enhances drug court effectiveness.
     (24) "Treatment supervision" means a program under which an eligible felony drug offender, pursuant to section six-a of this article, is ordered to undergo treatment for substance abuse by a circuit court judge as a condition of drug court, a condition of probation or as a modification of probation.
§62-15-4. Court authorization and structure.
     (a) Each judicial circuit or two or more adjoining judicial circuits may establish a drug court or regional drug court program under which drug offenders will be processed to address appropriately, the identified substance abuse problem as a condition of pretrial release, probation, incarceration, parole or other release from a correctional facility: Provided, That all judicial circuits must be participating in a drug court or regional drug court program in accordance with the provisions of this article by July 1, 2016.
     (b) The structure, method, and operation of each drug court program may differ and should be based upon the specific needs of and resources available to the judicial circuit or circuits where the drug court program is located.
     (c) A drug court program may be preadjudication or post- adjudication for an adult offender.
     (d) Participation in drug court, with the consent of the prosecution and the court, shall be pursuant to a written agreement.
     (e) A drug court may grant reasonable incentives under the written agreement if it finds that the drug offender:
     (1) Is performing satisfactorily in drug court;
     (2) Is benefitting from education, treatment and rehabilitation;
     (3) Has not engaged in criminal conduct; or
     (4) Has not violated the terms and conditions of the agreement.
     (f) A drug court may impose reasonable sanctions on the drug offender, including incarceration for the underlying offense or expulsion from the program, pursuant to the written agreement, if it finds that the drug offender:
     (1) Is not performing satisfactorily in drug court;
     (2) Is not benefitting from education, treatment or rehabilitation;
     (3) Has engaged in conduct rendering him or her unsuitable for the program;
     (4) Has otherwise violated the terms and conditions of the agreement; or
     (5) Is for any reason unable to participate.
     (g) Upon successful completion of drug court, a drug offender's case shall be disposed of by the judge in the manner prescribed by the agreement and by the applicable policies and procedures adopted by the drug court. This may include, but is not limited to, withholding criminal charges, dismissal of charges, probation, deferred sentencing, suspended sentencing, split sentencing, or a reduced period of incarceration.
     (h) Drug court shall include the Ten Key Components and the drug court team shall act to ensure compliance with them.
     (i) Nothing contained in this article confers a right or an expectation of a right to participate in a drug court nor does it obligate a drug court to accept every drug offender.
     (j) Neither the establishment of a drug court nor anything herein may be construed as limiting the discretion of the jurisdiction's prosecutor to act on any criminal case which he or she deems advisable to prosecute.
     (k) Each drug court judge may establish rules and may make special orders as necessary that do not conflict with rules and orders promulgated by the Supreme Court of Appeals which has administrative authority over the courts. The Supreme Court of Appeals shall provide uniform referral, procedure and order forms that shall be used in all drug courts in this state.
§62-15-6a. Treatment supervision.
     (a) A felony drug offender is eligible for treatment supervision only if the offender would otherwise be sentenced to prison, and the standardized risk and needs assessment indicates the offender has a high risk for reoffending and a need for substance abuse treatment: Provided, That an inmate who is, or has been, convicted for a felony crime of violence against the person, a felony offense where the victim was a minor child or a felony offense involving the use of a firearm, as defined in subsections (o) and (p), section twenty-seven, article five, chapter twenty- eight of this code, shall not be eligible for treatment supervision.
     (b) As a condition of drug court, a condition of probation or as a modification of probation, a circuit court judge may impose treatment supervision on an eligible drug offender convicted of a felony: Provided, That a judge may impose treatment supervision on an eligible drug offender convicted of a felony, notwithstanding the results of the risk assessment, upon making specific written findings of fact as to the reason for the departure.
     (c) Whenever a circuit court judge determines that a treatment supervision participant has violated the conditions of his or her treatment supervision involving the participant's use of alcohol or a controlled substance, the judge may order a period of incarceration to encourage compliance with program requirements.
     (1) Upon written finding by the circuit court judge that the participant would otherwise be sentenced to the custody of the Commissioner of Corrections for service of the underlying sentence, the cost of the incarceration order under this subsection, not to exceed a period of thirty days in any one instance, shall be paid by the Division of Corrections.
     (2) Whenever a circuit court judge orders the incarceration of a treatment supervision participant pursuant to this subsection, a copy of the order of confinement shall be provided by the clerk of the circuit court within five days to the Commissioner of Corrections.
     (d) The Division of Justice and Community Services shall in consultation with the Governor's Advisory Council on Substance Abuse, created by Executive Order No. 5-11, use appropriated funds to develop proposed substance abuse treatment plans to serve those offenders under treatment supervision in each judicial circuit and on parole supervision.
     (e) The Division of Justice and Community Services, in consultation with the Governor's Advisory Committee on Substance Abuse, shall develop:
     (1) Qualifications for provider certification to deliver a continuum of care to offenders;
     (2) Fee reimbursement procedures; and
     (3) Other matters related to the quality and delivery of services.
     (f) The Division of Justice and Community Services shall require education and training for providers which shall include, but not be limited to, cognitive behavioral training. The duties of providers who provide services under this section may include: notifying the probation department and the court of any offender failing to meet the conditions of probation or referrals to treatment; appearing at revocation hearings when required; and providing assistance with data reporting and treatment program quality evaluation.
     (g) The cost for all drug abuse assessments and certified drug treatment under this section and subsection (e), section seventeen, article twelve of this chapter shall be paid by the Division of Justice and Community Services from funds appropriated for that purpose. The Division of Justice and Community Services shall contract for payment for the services provided to eligible offenders.
     (h) The Division of Justice and Community Services, in consultation with the Governor's Advisory Council on Substance Abuse, shall submit an annual report on or before September 30, to the Governor, the Speaker of the House of Delegates, the President of the Senate and, upon request, to any individual member of the Legislature containing:
     (1) The dollar amount and purpose of funds provided for the fiscal year;
     (2) The number of people on treatment supervision who received services and whether their participation was the result of a direct sentence or in lieu of revocation;
     (3) The number of people on treatment supervision who, pursuant to a judge's specific written findings of fact, received services despite the risk assessment indicating less than high risk for reoffending and a need for substance abuse treatment;
     (4) The type of services provided;
     (5) The rate of revocations and successful completions for people who received services;
     (6) The number of people under supervision receiving treatment under this section who were rearrested and confined within two years of being placed under supervision;
     (7) The dollar amount needed to provide services in the upcoming year to meet demand and the projected impact of reductions in program funding on cost and public safety measures; and
     (8) Other appropriate measures used to measure the availability of treatment and the effectiveness of services.
     (i) Subsections (a), (b) and (c) of this section shall take effect on January 1, 2014. The remaining provisions of this section shall take effect on July 1, 2013.
§62-15-6b. Intermediate incarceration sanctions for drug court participants; responsibility for costs of incarceration.
     (a) Whenever a judge of a drug court determines that a participant who has pled to a felony offense has committed a violation of his or her conditions of participation which would, in the judge's opinion, warrant a period of incarceration to encourage compliance with program requirements, the cost of the incarceration, not to exceed a period of thirty days in any one instance, shall be paid by the Division of Corrections. The judge must make a written finding that the participant would otherwise be sentenced to the custody of the Commissioner of Corrections for service of the underlying sentence.
     (b) Whenever a drug court judge incarcerates a participant pursuant to subsection (a) of this section, the clerk of the circuit court shall provide a copy of the order of confinement within five days to the Commissioner of Corrections.;
     And,
     By striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 371--A Bill to amend and reenact §25-1-15 of the Code of West Virginia, 1931, as amended; to amend and reenact §28-5-27 of said code; to amend said code by adding thereto two new sections, designated §31-20-5g and §31-20-5h; to amend and reenact §61-7-6 of said code; to amend and reenact §62-11A-1a of said code; to amend and reenact §62-11B-9 of said code; to amend and reenact §62-11C-2, §62-11C-3 and §62-11C-6 of said code; to amend said code by adding thereto a new section, designated §62-11C-10; to amend and reenact §62-12-6, §62-12-7, §62-12-9, §62-12-10, §62-12-13, §62-12-14a, §62-12-15, §62-12-17 and §62-12-19 of said code; to amend said code by adding thereto a new section, designated §62-12-29; to amend and reenact §62-15-2 and §62-15-4 of said code; and to amend said code by adding thereto two new sections, designated §62-15-6a and §62-15- 6b, all relating to public safety; requiring the Division of Corrections to perform graduated methods of mental health screens, appraisals and evaluations on persons committed to its custody; eliminating requirement for separate disciplinary rules at each institution; mandating one year of supervised release for violent inmates and deducting one year of their good time; authorizing judges to require up to one hundred eighty days of a nonviolent offender's sentence to be served as post-release mandatory supervision; setting an effective date for supervised release provisions; requiring the Commissioner of Corrections to adopt policies regarding mandatory supervised release; requiring the West Virginia Regional Jail and Correctional Facility Authority to use a standardized pretrial risk-screening instrument adopted by the Supreme Court of Appeals of West Virginia to screen persons arrested and placed in a regional jail; providing for the confidentiality of risk assessments and their inadmissability at criminal and civil trials; requiring the Division of Corrections to develop and implement a cognitive behavioral program for inmates in regional jails committed to the custody of the Commissioner of Corrections and requiring the Division of Corrections to pay its cost; exempting parole officers from prohibitions against carrying concealed weapons; moving definition of "day report center" to section relating to conditions of release on probation; providing standards and limitations under which judges and magistrates may impose a period of supervision or participation in day report program; clarifying language regarding confinement and revocation for violations of the conditions of home incarceration; adding representative of the Bureau for Behavioral Health and Health Facilities to the community corrections subcommittee of the Governor's Committee on Crime, Delinquency and Correction; requiring that the community corrections subcommittee review, assess and report on the implementation of evidence-based practices in the criminal justice system; adding member with a background in substance abuse treatment and services to the community criminal justice boards to be appointed by the Commission or Commissions of the county or counties represented by the board; providing oversight responsibility to Division of Justice and Community Services to implement standardized risk and needs assessment, evaluate effectiveness of other modifications to community corrections programs and provide annual report; requiring probation officers to conduct a standardized risk and needs assessment for individuals placed on probation and to supervise probationer and enforce probation according to assessment and supervision standards adopted by the West Virginia Supreme Court of Appeals; requiring probation officers to perform random drug and alcohol tests of persons under their supervision; authorizing the Supreme Court of Appeals of West Virginia to adopt a standardized risk and needs assessment for use by probation officers; authorizing the Supreme Court of Appeals of West Virginia to adopt a standardized pretrial screening instrument for use by the Regional Jail Authority; providing standards and limitations under which judges may impose a term of reporting to a day report center as a condition of probation; authorizing day report center programs to provide services based on the results of a person's standardized risk and needs assessment; providing for graduated sanctions in response to violations of the conditions of release on probation other than absconding, committing certain new criminal conduct or violating special condition of probation; creating exceptions to new criminal conduct provisions; making standardized risk and needs assessments confidential court documents; requiring copies of graduated sanctions confinement orders be supplied to the Commissioner of Corrections; providing that graduated sanctions confinement be paid by the Division of Corrections; providing that judges may depart from graduated sanctions limitations upon specific written findings; revising eligibility requirements for accelerated parole program; providing that parole applications may be considered by the parole board without prior submission a home plan; requiring that Division of Corrections' policies and procedures for developing a rehabilitation treatment plan include the use of substance abuse assessment tools and prioritize treatment resources based on the risk and needs assessment and substance abuse assessment results; providing for rebuttable presumption that parole is appropriate for inmates completing the accelerated parole program and a rehabilitation treatment program; providing standards and limitations for Parole Board; outlining duties of the Division of Corrections to supervise, treat and provide support services for persons released on mandatory supervised release; removing temporal standard for requirement that the Parole Board have access to a copy of an inmate's physical, mental or psychiatric examination; clarifying the Parole Board's duty to notify prosecuting attorneys of an offender's release on parole; authorizing Division of Corrections to employ directors of housing and employment for released inmates with duties relating to the reduction of parole release delays and finding employment; requiring parole officers to update the standardized risk and needs assessment for each person for whom an assessment has not been conducted for parole and to supervise each person according to the assessment and the commissioner's supervision standards; authorizing the Commissioner of Corrections to issue a certificate authorizing an eligible parole officer to carry firearms or concealed weapons; providing standards and limitations under which the Division of Corrections may order substance abuse treatment or impose a term of reporting to a day report center or other community corrections program as a condition or modification of parole; authorizing the Commissioner of Corrections to enter into a master agreement with the Division of Justice and Community Services to reimburse counties for use of the community corrections programs; clarifying that parolee participation in community corrections is at program director's discretion; providing for graduated sanctions in response to violations of the conditions of release on parole other than absconding, certain new criminal conduct or violating a special condition of parole; providing a parolee with the right to a hearing, upon request, regarding whether he or she violated the conditions of his or her release on parole; providing the authority for the Board of Parole to depart from graduated sanction; providing that graduated sanctions incarceration for parolees be paid for by Division of Corrections; providing for a Community Supervision Committee to be appointed by the Administrative Director of the Supreme Court of Appeals of West Virginia to coordinate the sharing of information for community supervision and requiring an annual report; revising definitions for Drug Offender Accountability and Treatment Act; requiring all judicial circuits to participate in a drug court or regional drug court program by July 1, 2016; providing standards and limitations under which judges may order treatment supervision for drug offenders; providing that a judge may order a period of confinement to encourage compliance with treatment supervision to be paid b the division of Correction for up to thirty days for each instance; requiring the Division of Justice and Community Services to use appropriated funds to implement substance abuse treatment to serve those under treatment supervision in each judicial circuit; providing that the Division of Justice and Community Services in consultation with the Governor's Advisory Committee on Substance Abuse is responsible for developing standards relating to quality and delivery of substance abuse services; requiring certain education and training; paying for drug abuse assessments and certified drug treatment from appropriated funds; requiring submittal of an annual report and specifying an effective date; outlining duties of treatment supervision service providers; providing effective dates for provisions related to treatment supervision; providing for state payment of drug court participants' incarceration under certain circumstances; defining terms; and making technical changes.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 371, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 371) passed with its House of Delegates amended title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect July 1, 2013, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Com. Sub. for Senate Bill No. 401, Relating to Board of Registration for Professional Engineers.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendments to the bill were reported by the Clerk:
     On page five, section thirteen, line forty-three, by striking out the word "forgoing" and inserting in lieu thereof the word "foregoing";
     On page five, section thirteen, line fifty-three, by striking out the word "possessing" and inserting in lieu thereof the word "possesses";
     On page six, section thirteen, lines fifty-nine through sixty- five, by striking out all of subdivision (2) and inserting in lieu thereof a new subdivision, designated subdivision (2), to read as follows:
     (2) Holds a valid council record with NCEES, which is the compilation of documents maintained by NCEES of an applicant's qualifications as a professional engineer, including official transcripts, engineering examination results, employment verifications and references, which indicates that the applicant meets the requirements of this article.;
     On page six, section thirteen, line seventy-one, after the word "engineer" by changing the comma to a period;
     And,
     By striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for Senate Bill No. 401--A Bill to amend and reenact §30-13-6, §30-13-13, §30-13-15 and §30-13-17 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-13-13a, all relating to the Board of Registration for Professional Engineers; providing requirements for registration and certification of engineers, engineer interns and engineering businesses; providing for compensation of, and reimbursement for, members of the board at same rate as legislative interim pay; providing for registration of engineers generally; adding additional classifications of registration; setting forth qualifications for engineer interns; establishing designations for engineers ineligible to practice; updating examination provisions to comport with changes at the national level; providing emergency rule-making authority to comply with changes in standardized tests; and clarifying the certificate of authorization requirements.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Committee Substitute for Senate Bill No. 401, as amended by the House of Delegates, was then put upon its passage.      On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 401) passed with its House of Delegates amended title.
     Senator Unger moved that the bill take effect July 1, 2013.
     On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 401) takes effect July 1, 2013.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the amendment by that body to the title of the bill, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
     Eng. Senate Bill No. 407, Requiring cellular and phone companies provide certain information to Bureau for Child Support Enforcement.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendment to the title of the bill was reported by the Clerk:
     By striking out the title and substituting therefor a new title, to read as follows:
     Eng. Senate Bill No. 407--A Bill to amend and reenact §48-18- 132 of the Code of West Virginia, 1931, as amended, relating to child support enforcement; locating parents for the purpose of establishing paternity or for establishing support; locating parents for the purpose of modifying, enforcing or distributing proceeds from support orders; and authorizing the Bureau for Child Support Enforcement to obtain names of addresses of customers and customer employers from customer records maintained by telephone companies and cellular telephone companies by administrative subpoena.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the title of the bill.
     Engrossed Senate Bill No. 407, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 407) passed with its House of Delegates amended title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 426, Relating to filings under Uniform Commercial Code as to secured transactions.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendments to the bill were reported by the Clerk:
     By striking out everything after the enacting clause and inserting in lieu thereof the following:
     That §46-4A-108 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §46-9-510, §46-9-516, §46-9-521 and §46-9-525 of said code be amended and reenacted; and that said code be amended by adding thereto a new section, designated §46-9-516a, all to read as follows:
ARTICLE 4A. FUNDS TRANSFERS.
§46-4A-108. Relationship to Electronic Fund Transfer Act.
     (a) ~~This~~ Except as provided in subsection (b), this article does not apply to a funds transfer any part of which is governed by the Electronic Fund Transfer Act of 1978 (Title XX, Public Law 95- 630, 92 Stat. 3728, 15 U. S. C. §1693 et seq.) as amended from time to time.
     (b) This article applies to a funds transfer that is a remittance transfer as defined in the Electronic Fund Transfer Act (15 U. S. C. §1693o-1) as amended from time to time, unless the remittance transfer is an electronic fund transfer as defined in the Electronic Fund Transfer Act (15 U. S. C. §1693a) as amended from time to time.
     (c) In a funds transfer to which this Article applies, in the event of an inconsistency between an applicable provision of this article and an applicable provision of the Electronic Fund Transfer Act, the provision of the Electronic Fund Transfer Act governs to the extent of the inconsistency.
ARTICLE 9. SECURED TRANSACTIONS; SALES OF ACCOUNTS AND CHATTEL PAPER.
§46-9-510. Effectiveness of filed record.
  (a) Filed record effective if authorized. -- A filed record is effective only to the extent that it was filed by a person that may file it under section 9-509.
  (b) Authorization by one secured party of record. -- A record authorized by one secured party of record does not affect the financing statement with respect to another secured party of record.
  (c) Continuation statement not timely filed. -- A continuation statement that is not filed within the six-month period prescribed by section 9-515(d) is ineffective.
  (d) A filed record ceases to be effective if the filing office terminates the record pursuant to section 9-516a.
§46-9-516. What constitutes filing; effectiveness of filing.
  (a) What constitutes filing. -- Except as otherwise provided in subsection (b) of this section, communication of a record to a filing office and tender of the filing fee or acceptance of the record by the filing office constitutes filing.
  (b) Refusal to accept record; filing does not occur. -- Filing does not occur with respect to a record that a filing office refuses to accept because:
  (1) The record is not communicated by a method or medium of communication authorized by the filing office;
  (2) An amount equal to or greater than the applicable filing fee is not tendered;
  (3) The filing office is unable to index the record because:
  (A) In the case of an initial financing statement, the record does not provide a name for the debtor;
  (B) In the case of an amendment or information statement, the record:
  (i) Does not identify the initial financing statement as required by 9-512 or 9-518, as applicable; or
  (ii) Identifies an initial financing statement whose effectiveness has lapsed under section 9-515; or
__(iii) Identifies an initial financing statement which was terminated pursuant to section 9-516a;
  (C) In the case of an initial financing statement that provides the name of a debtor identified as an individual or an amendment that provides a name of a debtor identified as an individual which was not previously provided in the financing statement to which the record relates, the record does not identify the debtor's surname; or
  (D) In the case of a record filed or recorded in the filing office described in section 9-501(a)(1), the record does not provide a sufficient description of the real property to which it relates; or
__(E) In the case of a record submitted to the filing office described in section 9-501(a)(1), the filing office has reason to believe, from information contained in the record or from the person that communicated the record to the office, that:
__(i) If the record indicates that the debtor is a transmitting utility, the debtor does not meet the definition of a transmitting utility as described in section 9-102(a)(81);
__(ii) If the record indicates that the transaction relating to the record is a manufactured home transaction, the transaction does not meet the definition of a manufactured home transaction as described in section 9-102(a)(54); or
__(iii) If the record indicates that the transaction relating to the record is a public finance transaction, the transaction does not meet the definition of a public finance transaction as described in section 9-102(a)(70);
__(4) In the case of an initial financing statement or an amendment, if the filing office believes in good faith that the record was communicated to the filing office in violation of section 9-516a;
__~~(4)~~ (5) In the case of an initial financing statement or an amendment that adds a secured party of record, the record does not provide a name and mailing address for the secured party of record;
  ~~(5)~~ (6) In the case of an initial financing statement or an amendment that provides a name of a debtor which was not previously provided in the financing statement to which the amendment relates, the record does not:
  (A) Provide a mailing address for the debtor;
  (B) Indicate whether the name provided as the name of the debtor is the name of an individual or an organization;
  ~~(6)~~ (7) In the case of an assignment reflected in an initial financing statement under section 9-514(a) or an amendment filed under section 9-514(b), the record does not provide a name and mailing address for the assignee; or
  ~~(7)~~ (8) In the case of a continuation statement, the record is not filed within the six-month period prescribed by section 9-515(d).
  (c) Rules applicable to subsection (b). -- For purposes of subsection (b):
  (1) A record does not provide information if the filing office is unable to read or decipher the information; and
  (2) A record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by section 9-512, 9-514 or 9-518, is an initial financing statement.
  (d) Refusal to accept record; record effective as filed record. -- A record that is communicated to the filing office with tender of the filing fee, but which the filing office refuses to accept for a reason other than one set forth in subsection (b) of this section, is effective as a filed record except as against a purchaser of the collateral which gives value in reasonable reliance upon the absence of the record from the files.
  ~~(e)~~ ~~Administrative review. --~~ If the Secretary of State determines that a financing statement which identities a public official or employee as a debtor is fraudulent or that an individual debtor and an individual secured party would appear to be the same individual on the financing statement or that the individual debtor claims to be a transmitting utility, without supporting documents, the Secretary may commence administrative proceedings to remove the statement from its records in accordance with the provisions of article five, chapter twenty-nine-a of this code.
  (1) Upon the commencement of proceedings pursuant to this subsection, the Secretary of State shall identify the financing statement in its records as subject to administrative review and publish a notice in the ~~West Virginia Register~~ ~~regarding the proceedings.~~
  (2) A financing statement may be found to be fraudulent only if, based upon clear and convincing evidence, no good faith basis exists upon which to conclude that the secured party was authorized to file the statement and the statement was submitted for the purpose of harassment or intimidation or fraudulent intent of the alleged debtor.
  (3) If upon the completion of administrative review, it is determined that the filing of a financing statement was fraudulent, the filing party shall be assessed all costs incurred by the Secretary in reaching a final determination, including reimbursement for all costs of the hearing. The filing party may also be subject to a civil penalty not exceeding $500 per fraudulent filing. If upon completion of administrative review or any subsequent appeal of a decision of the Secretary of State, it is determined that a filing subject to appeal is not fraudulent, the secretary or court may award the prevailing party reasonable costs and expenses, including attorney fees.
  (4) The Secretary of State shall annually submit a report to the Legislature regarding actions taken against fraudulent filings pursuant to this section which identifies the number and characteristics of such proceedings, identifies any creditors found to have made fraudulent filings, describes proceedings initiated by the secretary in which it is ultimately determined that fraudulent filings did not occur, describes the number and type of complaints received by the secretary in which it is alleged that fraudulent filings have occurred, and describes the actions taken by the secretary to investigate complaints concerning allegedly fraudulent filings and the results of the investigations.
  ~~(5) A decision by the secretary to remove a financing statement determined to have been fraudulently filed subject to appeal~~ ~~de novo~~ to the circuit court of Kanawha County. Pending the outcome of an appeal, the financing statement may not be removed from the records of the Secretary, but shall be identified in the records as having been adjudicated to be fraudulent, subject to a pending appeal by the putative creditor.
  (6) A financing statement filed by a regulated financial institution is not subject to the provisions of this section. For the purposes of this section, a regulated financial institution is a bank, bank and trust company, trust company, savings bank, savings association, building and loan association, credit union, consumer finance company, insurance company, investment company, mortgage lender or broker, securities broker, dealer or underwriter, or other institution chartered, licensed, registered or otherwise authorized under federal law, the law of this state or any other state, to engage in secured lending.
§46-9-516a. Filing fraudulent records; civil and criminal penalties; administrative proceedings; immunity from liability.
  (a) No person may cause to be communicated to the filing office for filing a false record the person knows or reasonably should know:
  (1) Is not authorized or permitted under sections 9-509, 9-708 or 9-808; and
  (2) Is filed with the intent to harass or defraud the person identified as debtor in the record or any other person.
  (b) Any person who violates subsection (a) of this section shall, for a first offense, be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1000 or, in the discretion of the court, be confined in jail not more than twelve months, or both fined and confined. Any person who violates subsection (a) of this section shall, for a second or subsequent offense, be guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one nor more than five years.
  (c) Any person who violates subsection (a) of this section is liable in a civil action to each injured person for:
  (1) The greater of the actual damages caused by the violation or up to $10,000 in lieu of actual damages;
  (2) Reasonable attorney fees;
  (3) Court costs and other related expenses of bringing an action including reasonable investigative expenses; and
  (4) In the discretion of the court, punitive damages in an amount determined by the court or jury.
  (d) A person identified as a debtor in a filed record the person believes was caused to be communicated to the filing office in violation of subsection (a) of this section may, under penalty of perjury, file with the Secretary of State an affidavit to that effect. The Secretary of State shall adopt and make available a form affidavit for use under this section.
  (e) Upon receipt of an affidavit filed under this section, or upon administrative action by the Secretary of State, the Secretary of State shall communicate to the secured party of record on the record to which the affidavit or administrative action relates and to the person who communicated the record to the filing office, if different and known to the office, a request for additional documentation supporting the effectiveness of the record. The Secretary of State shall review all such documentation received within thirty days after the first request for additional documentation is sent if the Secretary of State has a reasonable basis for concluding that the record was communicated to the filing office in violation of subsection (a) of this section.
  The Secretary of State may initiate an administrative action under this subsection with regard to a filed record if the Secretary of State has reason to believe, from information contained in the record or obtained from the person who communicated the record to the filing office, that the record was communicated to the filing office in violation of subsection (a) of this section. The Secretary of State may give heightened scrutiny to a record that indicates the debtor is a transmitting utility or that indicates the transaction to which the record relates is a manufactured home transaction or a public finance transaction.
  (f) The Secretary of State may not charge a fee to file an affidavit under this section and may not return a fee paid for filing a record terminated under this section.
  (g) The Secretary of State shall promptly communicate to the secured party of record a notice of the termination of a record under subsection (e) of this section. A secured party of record who believes in good faith that the record was not communicated to the filing office in violation of subsection (a) of this section may file an action to require that the record be reinstated by the filing office. A person who communicated a record to the filing office that the filing office rejected in reliance on section 9- 516(b)(4), who believes in good faith that the record was not communicated to the filing office in violation of section 9- 516(b)(4), may file an action to require that the record be accepted by the filing office. The jurisdiction for the action is the circuit court of Kanawha County.
  (h) If the court determines that a record terminated under this section or rejected in reliance on section 9-516(b)(4) should be reinstated or accepted, the court shall provide a copy of an order to that effect to the Secretary of State. On receipt of an order reinstating a terminated record, the Secretary of State shall refile the record along with a notice indicating that the record was refiled pursuant to this section and its initial filing date. On receipt of an order requiring that a rejected record be accepted, the Secretary of State shall promptly file the record along with a notice indicating that the record was filed pursuant to this section and the date on which it was communicated for filing. A rejected record that is filed pursuant to an order of a court shall have the effect described in section 9-516(d) for a record the filing office refuses to accept for a reason other than one set forth in section 9-516(b).
  (i) A terminated record that is refiled under subsection (h) of this section is effective as a filed record from the initial filing date. If the period of effectiveness of a refiled record would have lapsed during the period of termination, the secured party may file a continuation statement within thirty days after the record is refiled and the continuation statement has the same effect as if it had been filed during the six-month period described in section 9-515(d). A refiled record is considered never to have been ineffective against all persons and for all purposes except that it is not effective as against a purchaser of the collateral that gave value in reasonable reliance on the absence of the record from the files.
  (j) Neither the filing office nor any of its employees incur liability for the termination or failure to accept a record for filing in the lawful performance of the duties of the office or employee.
  (k) This section does not apply to a record communicated to the filing office by a regulated financial institution or by a representative of a regulated financial institution, except that the Secretary of State may request from the secured party of record on the record or from the person that communicated the record to the filing office, if different and known to the office, additional documentation supporting that the record was communicated to the filing office by a regulated financial institution or by a representative of a regulated financial institution. For the purposes of this section the term "regulated financial institution" means a financial institution subject to regulatory oversight or examination by a state or federal agency and includes banks, savings banks, savings associations, building and loan associations, credit unions, consumer finance companies, industrial banks, industrial loan companies, investment funds, installment sellers, mortgage servicers, sales finance companies and leasing companies.
  (l) If a record was communicated to the filing office for filing before the effective date of this section, and its communication would have constituted a violation of subsection (a) of this section if it had occurred on or after the effective date of this section:
  (i) Subsections (b) and (c) are not applicable; and
  (ii) The remaining subsections of this section are applicable.
§46-9-521. Written financing statement and amendment thereto.
  (a) Initial financing statement. -- A filing office that accepts written records may not refuse to accept a written initial financing statement ~~in the following form and format~~ except for a reason set forth in section 9-516(b): Provided, That the written record must be on the most recent revision of the appropriate form as approved by the International Association of Commercial Administrators.
  (b) Amended financing statement. -- A filing office that accepts written records may not refuse to accept an amended written record ~~in the following form and format~~ except for a reason set forth in section 9-516(b): Provided, That the written record must be on the most recent revision of the appropriate form as approved by the International Association of Commercial Administrators.
§46-9-525. Fees.
  (a) Initial financing statement or other record: General rule. -- Except as otherwise provided in subsection (e) of this section, the fee for filing and indexing a record under this part, other than an initial financing statement of the kind described in subsection (b) of this section, is the amount specified in subsection (c) of this section, if applicable, plus:
  (1) ~~Ten~~ Twenty dollars if the record is communicated in writing and consists of one or two pages; and
  (2) ~~Ten~~ Twenty dollars if the record is communicated in writing and consists of more than two pages; and
  (3) ~~Ten~~ Twenty dollars if the record is communicated by another medium authorized by filing-office rule.
  (b) Initial financing statement: Public-finance and manufactured housing transactions. -- Except as otherwise provided in subsection (e) of this section, the fee for filing and indexing an initial financing statement of the following kind is the amount specified in subsection (c) of this section, if applicable, plus:
  (1) ~~Ten~~ Twenty dollars if the financing statement indicates that it is filed in connection with a public-finance transaction;
  (2) ~~Ten~~ Twenty dollars if the financing statement indicates that it is filed in connection with a manufactured-home transaction.
  (c) Number of names. -- The number of names required to be indexed does not affect the amount of the fee in subsections (a) and (b) of this section.
  (d) Response to information request. -- The fee for responding to a request for information from the filing office, including for issuing a certificate showing whether there is on file any financing statement naming a particular debtor, is:
  (1) ~~Five~~ Ten dollars if the request is communicated in writing;
  (2) ~~Five~~ Ten dollars if the request is communicated by another medium authorized by filing-office rule; and
  (3) ~~Fifty cents~~ One dollar per page for each active lien.
  (e) Record of mortgage. -- This section does not require a fee with respect to a record of a mortgage which is effective as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut under section 9-502(c) ~~of this article~~. However, the recording and satisfaction fees that otherwise would be applicable to the record of the mortgage apply.
  (f) Deposit of funds. -- All fees and moneys collected by the Secretary of State pursuant to the provisions of this article shall be deposited by the Secretary of State as follows: One-half shall be deposited in the special revenue account created by section 59- 1-59(c)(4)(B), to provide civil legal services for low income persons, one-fourth shall be deposited in the state fund, general revenue, and ~~one-half~~ one-fourth shall be deposited in the service fees and collections account established by section ~~two, article one, chapter fifty-nine of this code~~ 59-1-2 for the operation of the office of the Secretary of State. Any balance remaining on June 30, 2001, in the existing special revenue account entitled "uniform commercial code" as established by chapter two hundred four, acts of the Legislature, 1989 regular session, shall be transferred to the service fees and collections account established by section ~~two, article one, chapter fifty-nine of this code~~ 59-1-2 for the operation of the office of the Secretary of State. The Secretary of State shall dedicate sufficient resources from that fund or other funds to provide the services required in this article, unless otherwise provided by appropriation or other action by the Legislature.;
  And,
  By striking out the title and substituting therefor a new title, to read as follows:
  Eng. Com. Sub. for Com. Sub. for Senate Bill No. 426--A Bill to amend and reenact §46-4A-108 of the Code of West Virginia, 1931, as amended; to amend and reenact §46-9-510, §46-9-516, §46-9-521 and §46-9-525 of said code; and to amend said code by adding thereto a new section, designated §46-9-516a, all relating to amending the Uniform Commercial Code; clarifying the relationship between article 4A of the West Virginia code and the federal Electronic Fund Transfer Act; resolving conflicts between federal and state law; providing for the effectiveness of filed records; creating additional authority to refuse to accept a record for filing; creating circumstances under which a record filing is false; providing criminal penalties for filing or attempting to file a false record; providing civil penalties for filing or attempting to file a false record; setting forth an administrative procedure initiated by the Secretary of State or a person identified as a debtor on a record; requiring party to an adverse administrative decision by the Secretary of State to file action in Kanawha County Circuit Court if the party wishes to have the Secretary of State's decision reversed; exempting the filing office and its employees from liability; exempting filings by a regulated financial institution or its representatives from certain provisions; clarifying the applicability of provisions to records filed prior to the effective date of this article; increasing fees for filing financing statements or other records in secured transactions; increasing fees for responding for requests for information related to secured transactions; and requiring that the increase in fees be deposited in the existing Fund for Civil Legal Services for Low Income Persons.
  On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
  Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 426, as amended by the House of Delegates, was then put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 426) passed with its House of Delegates amended title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  A message from The Clerk of the House of Delegates announced the amendments by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendments, as
to
  Eng. Senate Bill No. 441, Relating to withdrawal of erroneous state tax liens.
  On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
  The following House of Delegates amendments to the bill were reported by the Clerk:
  On page six, section twelve, lines seventy-nine and eighty, by striking out the words "for recordation shall be signed and delivered to the taxpayer by the proper officer" and inserting in lieu thereof the following: "shall be issued in duplicate. One copy shall be forwarded to the taxpayer, and the other copy shall be forwarded to the clerk of the county commission of the county wherein the lien is recorded. The clerk of the county commission shall record the withdrawal of lien without payment of any fee";
  And,
  On page seven, section two, lines nineteen and twenty, by striking out the words "for recordation shall be signed and delivered to the taxpayer by the proper officer" and inserting in lieu thereof the following: "shall be issued in duplicate. One copy shall be forwarded to the taxpayer, and the other copy shall be forwarded to the clerk of the county commission of the county wherein the lien is recorded. The clerk of the county commission shall record the withdrawal of lien without payment of any fee".
  On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
  Engrossed Senate Bill No. 441, as amended by the House of Delegates, was then put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 441) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, to take effect July 1, 2013, and requested the concurrence of the Senate in the House of Delegates amendments, as to
  Eng. Com. Sub. for Com. Sub. for Senate Bill No. 454, Relating to taxation of alternative motor fuels.
  On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
  The following House of Delegates amendments to the bill were reported by the Clerk:
  On page four, section two, line twenty-four, after the word "propel" by inserting the words "or operate";
  On page twenty-five, section two, line four hundred twenty- four, after the word "propel" by inserting the words "or operate";
  On page sixty-three, section nineteen, lines twenty-four through thirty-seven, by striking out all of subsection (c) and inserting in lieu thereof a new subsection, designated subsection (c), to read as follows:
  (c) For the calendar years beginning on or after January 1, 2014, the tax levied by this article on alternative fuel that is subject to tax at the point of imposition prescribed in section six-a of this article, shall be paid by the alternative-fuel bulk end user, provider of alternative fuel or retailer of alternative fuel on or before January 31 of every year, unless determined by the tax commissioner that payment must be made more frequently, by check, bank draft or money order payable to the tax commissioner for the amount of tax due. The tax commissioner may require all or certain taxpayers to file tax returns and payments electronically. The return required by the tax commissioner shall accompany the payment of tax. If no tax is due, the return required by the tax commissioner shall be completed and filed on or before January 31.;
  On page sixty-three, section eighteen-b, line one, by striking out the words "Effective January 1, 2004, all" and inserting in lieu thereof the word "All";
  And,
  On pages sixty-six through sixty-eight, section eighteen-b, lines fifty-eight through eighty-four, by striking out all of subdivision (2) and inserting in lieu thereof a new subdivision, designated subdivision (2), to read as follows:
  (2) The tax due under this article comprising the variable component of the tax due under article fourteen-c of this chapter on alternative fuel, is due and shall be collected and remitted at the time the tax imposed by section five, article fourteen-c of this chapter is due, collected and remitted.
  On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
  Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 454, as amended by the House of Delegates, was then put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
  The nays were: Blair--1.
  Absent: None.
  So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 454) passed with its title.
  Senator Unger moved that the bill take effect from passage.
  On this question, the yeas were: Barnes, Beach, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
  The nays were: Blair--1.
  Absent: None.
  So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 454) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence in the changed effective date.
  A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
  Eng. Com. Sub. for Senate Bill No. 464, Regulating tanning facilities.
  On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
  The following House of Delegates amendment to the bill was reported by the Clerk:
  By striking out everything after the enacting section and inserting in lieu thereof the following:
  That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §16-45-1, §16-45-2, §16-45-3, §16-45-4 and §16-45-5, all to read as follows:
ARTICLE 45. TANNING FACILITIES.
§16-45-1. Definitions.
  As used in this article:
  (1) "Photo therapy device" means a device used for exposure to daylight or to specific wavelengths of light using lasers, light-emitting diodes, fluorescent lamps, dichroic lamps or very bright, full-spectrum light, usually controlled with various devices.
  (2) "Tanning device" means any equipment that emits radiation used for tanning of the skin, such as a sun lamp, tanning booth or tanning bed, and includes any accompanying equipment, such as protective eye wear, timers and handrails.
  (3) "Tanning facility" means any commercial location, place, area, structure or business where a tanning device is used for a fee, membership dues or other compensation.
§16-45-2. Exception for health care providers.
  Nothing in this article may be construed as prohibiting any health care provider licensed under chapter thirty of this code from performing any action within the scope of his or her practice that results in prescribing the use of a photo therapy device to a patient regardless of the patient's age for treatment of a medical condition.
§16-45-3. Operation standards.
  (a) A tanning facility shall provide to any patron who wishes to use a tanning device located within its tanning facility a disclosure and consent form relating to use of a tanning device that contains the current United States Food and Drug Administration warning as follows: "Danger. Ultraviolet Radiation. Follow instructions. Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. REPEATED EXPOSURE MAY CAUSE PREMATURE AGING OF THE SKIN AND SKIN CANCER. WEAR PROTECTIVE EYEWEAR; FAILURE TO DO SO MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES. Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult physician before using tanning device if you are using medications or have a history of skin problems or believe yourself especially sensitive to sunlight. If you do not tan in the sun, you are unlikely to tan from use of this product."
  The disclosure and consent form must have a place for the patron's signature and the date. A signed and dated copy of the disclosure and consent form shall be maintained by the tanning facility and remains valid for one year from the date it was signed.
  (b) All patrons are required to present proof of age prior to use of a tanning device. Proof of age shall be satisfied with a driver's license or other government-issued identification containing the date of birth and a photograph of the individual. Persons under the age of eighteen may not be permitted to use a tanning device without the prior written consent of the person's parent or legal guardian. Photographic identification of the parent or legal guardian is required. A copy of the signed parental or legal guardian consent shall be maintained by the tanning facility and remains valid for one year from the date it was signed. Persons under the age of fourteen may not be permitted to use a tanning device.
§16-45-4. Local health department authority to inspect.
  Local health departments shall have the authority to enter and inspect a tanning facility to determine compliance with the requirements of this article.
§16-45-5. Violations and penalties.
  (a) Any owner of a tanning facility who fails to obtain parental consent for a minor under the age of eighteen or otherwise violates the requirements of this article is guilty of a misdemeanor and, upon conviction thereof, for a first offense, shall be fined §100.
  (b) For a second offense, the owner is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than §250 nor more than §500.
  (c) For a third offense or subsequent offense, the owner is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than §500 nor more than §1,000.
  On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
  Engrossed Committee Substitute for Senate Bill No. 464, as amended by the House of Delegates, was then put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Yost and Kessler (Mr. President)--31.
  The nays were: Green, D. Hall and Williams--3.
  Absent: None.
  So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 464) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  A message from The Clerk of the House of Delegates announced the amendment by that body to the title of the bill, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
  Eng. Com. Sub. for Senate Bill No. 469, Clarifying service credit for certain PERS members.
  On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
  The following House of Delegates amendment to the title of the bill was reported by the Clerk:
  By striking out the title and substituting therefor a new title, to read as follows:
  Eng. Com. Sub. for Senate Bill No. 469--A Bill to amend and reenact §5-10-14 and §5-10-18 of the Code of West Virginia, 1931, as amended, all relating to service credit; providing for the purchasing of retroactive service credit by certain employees; and requiring payment of reinstatement interest in the Public Employees Retirement System in certain circumstances.
  On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the title of the bill.
  Engrossed Committee Substitute for Senate Bill No. 469, as amended by the House of Delegates, was then put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 469) passed with its House of Delegates amended title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
  Eng. Com. Sub. for Senate Bill No. 482, Relating to sale of voter registration lists.
  On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
  The following House of Delegates amendment to the bill was reported by the Clerk:
  On page five, section thirty, lines fifty-six through sixty- three, by striking out all of subsection (d) and inserting in lieu thereof a new subsection, designated subsection (d), to read as follows:
  (d) The fees received by the clerk of the county commission shall be kept in a separate fund under the supervision of the clerk and may be used for the purpose of defraying the cost of the preparation of the voter lists. ~~Any unexpended balance in the fund shall be transferred to the General Fund of the county commission.~~ After deducting the costs of preparing voter lists, the clerk shall deposit the net proceeds from the sale of the voter lists in the State Election Fund as set forth in subsection (b), section forty- eight, article one of this chapter.
  On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
  Engrossed Committee Substitute for Senate Bill No. 482, as amended by the House of Delegates, was then put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 482) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
  Eng. Senate Bill No. 515, Relating to use of television receivers and other devices in vehicles.
  On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
  The following House of Delegates amendments to the bill were reported by the Clerk:
  By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 15. EQUIPMENT.
§17C-15-42. Video screens, video monitors and television receivers in view of driver prohibited; exceptions.
  (a) No motor vehicle ~~shall~~ may be operated on ~~any~~ a street or highway in this state when equipped with a television receiver, video monitor, television or video screen unless ~~such receiver is so placed that the screen or picture tube of such receiver is visible only in the rear seat of such motor vehicle and not in view of the operator of such motor vehicle.~~ the receiver, screen or monitor is configured so that the moving images are not in view of the operator while the vehicle is in motion, or it falls within one or more of the categories set forth in subsections (b) or (c) of this section.
__(b) This prohibition does not apply to the following equipment installed in a vehicle:
__(1) A visual display if it does not show video or television broadcast images in view of the operator while the motor vehicle is in motion;
__(2) A global positioning device;
__(3) A mapping display;
__(4) A visual display used to enhance or supplement the driver's view forward, behind or to the sides of a motor vehicle for the purpose of maneuvering the vehicle;
__(5) A visual display used to enhance or supplement a driver's view of vehicle occupants; or
__(6) Television-type receiving equipment used exclusively for safety or traffic engineering information.
__(c) A television receiver, video monitor, television or video screen or other similar means of visually displaying a television broadcast or video signal is not prohibited if the equipment has an interlock device that, when the motor vehicle is driven, disables the equipment for all uses except as a visual display described in subdivisions (1) through (6), subsection (b) of this section.;
  And,
  By striking out the title and substituting therefor a new title, to read as follows:
  Eng. Senate Bill No. 515--A Bill to amend and reenact §17C-15- 42 of the Code of West Virginia, 1931, as amended, relating to equipment installed in motor vehicles; prohibiting video screens, video monitors, televisions and television receivers in view of the driver while a motor vehicle is in motion; exceptions; restrictions; conditions for use; and inapplicability of prohibition to specific devices.
  On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
  Engrossed Senate Bill No. 515, as amended by the House of Delegates, was then put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 515) passed with its House of Delegates amended title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to
  Eng. Senate Bill No. 523, Making supplementary appropriation of unappropriated moneys to various accounts.
  On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
  The following House of Delegates amendments to the bill were reported by the Clerk:
  By striking out everything after the enacting clause and inserting in lieu thereof the following:
  That the total appropriation for the fiscal year ending June 30, 2013, to fund 1058, fiscal year 2013, organization 0100, be supplemented and amended to read as follows:
TITLE II - APPROPRIATIONS.
Sec. 3. Appropriations from other funds.
EXECUTIVE
  100-Governor's Office
Minority Affairs Fund
(WV Code Chapter 5)
Fund 1058 FY 2013 Org 0100
                                                   Act-        Other
                                                  ivity        Funds
1Personal Services                                001$        125,000
2Annual Increment                                 004        1,000
3Employee Benefits                                010        46,800
4Current Expense                                  130________503,200
5Total                                            $        676,000
  And, That the total appropriation for the fiscal year ending June 30, 2013, to fund 8664, fiscal year 2013, organization 0932, be supplemented and amended to read as follows:
TITLE II - APPROPRIATIONS.
Sec. 3. Appropriations from other funds.
DEPARTMENT OF EDUCATION AND THE ARTS
  155-State Board of Rehabilitation -
Division of Rehabilitation Services -
West Virginia Rehabilitation Center -
Special Account
(WV Code Chapter 18)
Fund 8664 FY 2013 Org 0932
                                                   Act-        Other
                                                  ivity        Funds
1Personal Services                                001$        75,000
2Employee Benefits                                010        20,738
3Current Expenses                                 130        2,289,622
4Repairs and Alterations                          064        150,000
5Equipment                                        070        220,000
6Other Assets                                     690________150,000
7Total                                            $        2,905,360
  And, That the total appropriation for the fiscal year ending June 30, 2013, to fund 5156, fiscal year 2013, organization 0506, be supplemented and amended by increasing existing items of appropriation as follows:
TITLE II - APPROPRIATIONS.
Sec. 3. Appropriations from other funds.
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
  175-Division of Health -
Hospital Services Revenue Account
Special Fund
Capital Improvement, Renovation and Operations
(WV Code Chapter 16)
Fund 5156 FY 2013 Org 0506
                                                   Act-        Other
                                                  ivity        Funds
1Institutional Facilities
2Operations (R)                                335$        5,000,000
3Medical Services Trust Fund -
4Transfer (R)                                  512        2,500,000
  And, That the total appropriation for the fiscal year ending June 30, 2013, to fund 5204, fiscal year 2013, organization 0506, be supplemented and amended by increasing existing items of appropriation as follows:
TITLE II - APPROPRIATIONS.
Sec. 3. Appropriations from other funds.
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
  179-Division of Health -
Lead Abatement Account
(WV Code Chapter 16)
Fund 5204 FY 2013 Org 0506
                                                   Act-        Other
                                                  ivity        Funds
1Personal Services                                001$        3,000
2Employee Benefits                                010        2,076
  And, That the total appropriation for the fiscal year ending June 30, 2013, to fund 6501, fiscal year 2013, organization 0612, be supplemented and amended by adding a new item of appropriation as follows:
TITLE II - APPROPRIATIONS.
Sec. 3. Appropriations from other funds.
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
  196-West Virginia State Police -
Motor Vehicle Inspection Fund
(WV Code Chapter 17C)
Fund 6501 FY 2013 Org 0612
                                                   Act-        Other
                                                  ivity        Funds
6aBuildings   258$ 534,000
  And, That the total appropriation for the fiscal year ending June 30, 2013, to fund 7253, fiscal year 2013, organization 0706, be supplemented and amended by adding a new item of appropriation as follows:
TITLE II - APPROPRIATIONS.
Sec. 3. Appropriations from other funds.
DEPARTMENT OF REVENUE
  223-Municipal Bond Commission
(WV Code Chapter 13)
Fund 7253 FY 2013 Org 0706
                                                   Act-        Other
                                                  ivity        Funds
4aEquipment                                     070$        247,500
  And, That the total appropriation for the fiscal year ending June 30, 2013, to fund 8254, fiscal year 2013, organization 0806, be supplemented and amended to read as follows:
TITLE II - APPROPRIATIONS.
Sec. 3. Appropriations from other funds.
DEPARTMENT OF TRANSPORTATION
233-Public Port Authority -
Special Railroad and Intermodal Enhancement Fund
(WV Code Chapter 17)
Fund 8254 FY 2013 Org 0806
                                                   Act-        Other
                                                  ivity        Funds
1Current Expenses                                 130$        250,000

2Other Assets   690_________7,750,000
3Total       $        8,000,000
  And, That the total appropriation for the fiscal year ending June 30, 2013, to fund 8520, fiscal year 2013, organization 0907, be supplemented and amended by increasing an existing item of appropriation and by adding a new item of appropriation as follows:
TITLE II - APPROPRIATIONS.
Sec. 3. Appropriations from other funds.
MISCELLANEOUS BOARDS AND COMMISSIONS
  248-WV Board of Examiners for Registered Professional Nurses
(WV Code Chapter 30)
Fund 8520 FY 2013 Org 0907
                                                   Act-        Other
                                                  ivity        Funds
6Equipment      070    5,000
6aOther Assets                                  690        5,000
  And, That the total appropriation for the fiscal year ending June 30, 2013, to fund 8680, fiscal year 2013, organization 0936, be supplemented and amended by increasing existing items of appropriation as follows:
TITLE II - APPROPRIATIONS.
Sec. 3. Appropriations from other funds.
MISCELLANEOUS BOARDS AND COMMISSIONS
256-WV Board of Licensed Dietitians
(WV Code Chapter 30)
Fund 8680 FY 2013 Org 0936
                                                   Act-        Other
                                                  ivity        Funds
1Personal Services                                001$        2,500

2Employee Benefits                                010        382
  The purpose of this supplemental appropriation bill is to supplement, amend, increase, decrease and add items of appropriations in the aforesaid accounts for the designated spending units for expenditure during the fiscal year 2013.;
  And,
  By striking out the title and substituting therefor a new title, to read as follows:
  Eng. Senate Bill No. 523--A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2013, to the Governor's Office, Minority Affairs Fund, fund 1058, fiscal year 2013, organization 0100, to the Department of Education and the Arts, State Board of Rehabilitation - Division of Rehabilitation Services - West Virginia Rehabilitation Center - Special Account, fund 8664, fiscal year 2013, organization 0932, to the Department of Health and Human Resources, Division of Health - Hospital Services Revenue Account, Special Fund, Capital Improvements, Renovation and Operations, fund 5156, fiscal year 2013, organization 0506, to the Department of Military Affairs and Public Safety, West Virginia State Police, fund 6501, fiscal year 2013, organization 0612, to the Department of Health and Human Resources, Division of Health - Lead Abatement Account, fund 5204, fiscal year 2013, organization 0506, to the Department of Revenue, Municipal Bond Commission, fund 7253, fiscal year 2013, organization 0706, to the Department of Transportation, Public Port Authority - Special Railroad and Intermodal Enhancement Fund, fund 8254, fiscal year 2013, organization 0806, to the Miscellaneous Boards and Commissions, WV Board of Examiners for Registered Professional Nurses, fund 8520, fiscal year 2013, organization 0907, and to the Miscellaneous Boards and Commissions, WV Board of Licensed Dietitians, fund 8680, fiscal year 2013, organization 0936, by supplementing and amending the appropriations for the fiscal year ending June 30, 2013.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Senate Bill No. 523, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 523) passed with its House of Delegates amended title.
     Senator Unger moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 523) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendment, as to
     Eng. Senate Bill No. 525, Making supplementary appropriation of federal funds to various accounts.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendment to the bill was reported by the Clerk:
     On page eight, line ten, by striking out "200,000" and inserting in lieu thereof "750,000".
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
     Engrossed Senate Bill No. 525, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
     The nays were: Barnes--1.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 525) passed with its title.
     Senator Unger moved that the bill take effect from passage.
     On this question, the yeas were: Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
     The nays were: Barnes--1.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 525) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Com. Sub. for Senate Bill No. 535, Relating to process for maintaining voter registration lists.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendments to the bill were reported by the Clerk:
     By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-3. Persons entitled to vote.
     Citizens of the state shall be entitled to vote at all elections held within the precincts of the counties and municipalities in which they respectively reside. But no person who has not been registered as a voter as required by law, or who is a minor, or ~~of unsound mind~~ who has been declared mentally incompetent by a court of competent jurisdiction, or who is under conviction of treason, felony or bribery in an election, or who is not a bona fide resident of the state, county or municipality in which he or she offers to vote, shall be permitted to vote at such election while such disability continues, unless otherwise specifically provided by federal or state code. Subject to the qualifications otherwise prescribed in this section, however, a minor shall be permitted to vote only in a primary election if he or she will have reached the age of eighteen years on the date of the general election next to be held after such primary election.
ARTICLE 2. REGISTRATION OF VOTERS.
§3-2-2. Eligibility to register to vote.
     (a) Any person who possesses the constitutional qualifications for voting may register to vote. To be qualified, a person must be a citizen of the United States and a legal resident of West Virginia and of the county where he or she is applying to register, shall be at least eighteen years of age, except that a person who is at least seventeen years of age and who will be eighteen years of age by the time of the next ensuing general election may also be permitted to register, and shall not be otherwise legally disqualified: Provided, That a registered voter who has not reached eighteen years of age may vote both partisan and nonpartisan ballots in a federal, state, or county, municipal or special primary election~~, but may only vote in a municipal primary election~~ if he or she will be eighteen years of age by the time of the ~~next municipal~~ corresponding general election. ~~but is not eligible to vote in a special election.~~
     (b) Any person who has been convicted of a felony, treason or bribery in an election, under either state or federal law, is disqualified and is not eligible to register or to continue to be registered to vote while serving his or her sentence, including any period of incarceration, probation or parole related thereto. Any person who has been ~~determined to be~~ declared mentally incompetent by a court of competent jurisdiction is disqualified and shall not be eligible to register or to continue to be registered to vote for as long as that ~~determination remains in effect~~ disability continues.
§3-2-4a. Statewide voter registration database.
     (a) The Secretary of State shall implement and maintain a single, official, statewide, centralized, interactive computerized voter registration ~~list~~ database of every legally registered voter in the state, ~~which shall include the following~~ as follows:
     (1) The ~~computerized list~~ statewide voter registration database shall serve as the single system for storing and managing the official list of registered voters throughout the state.
     (2) The ~~computerized list~~ statewide voter registration database shall contain the name, registration information and voter history of every legally registered voter in the state.
     (3) ~~Under the computerized list,~~ In the statewide voter registration database, the Secretary of State shall assign a unique identifier to each legally registered voter in the state.
     (4) The ~~computerized list~~ statewide voter registration database shall be coordinated with other agency databases within the state; and elsewhere, as appropriate. including, but not limited to, the vital statistics database maintained by the Department of Health and Human Resources. The Department of Health and Human Resources by January 31st of each calendar year shall provide to each county clerk a list from this database of all decedents in that county in the preceding year and shall provide to the Secretary of State the list of all decedents in the state in the preceding year.
     (5) The Secretary of State, ~~and~~ any clerk of the county commission or any authorized designee of the Secretary of State or clerk of the county commission may obtain immediate electronic access to the information contained in the ~~computerized list~~ statewide voter registration database.
     (6) The clerk of the county commission shall electronically enter voter registration information into the ~~computerized list~~ statewide voter registration database on an expedited basis at the time the information is provided to the clerk.
     (7) The Secretary of State shall provide necessary support to enable every clerk of the county commission in the state to enter information as described in subdivision (6) of this subsection.
     (8) The ~~computerized list~~ statewide voter registration database shall serve as the official voter registration list for conducting all elections in the state.
     (b) The Secretary of State or any clerk of a county commission shall perform maintenance with respect to the ~~computerized list~~ statewide voter registration database on a regular basis as follows:
     (1) If an individual is to be removed from the ~~computerized list~~ statewide voter registration database, he or she shall be removed in accordance with the provisions of 42 U. S. C. §1973gg, et seq., the National Voter Registration Act of 1993.
     (2) The Secretary of State shall coordinate the ~~computerized list~~ statewide voter registration database with state agency records and ~~remove the~~ shall establish procedures for the removal of names of individuals who are not qualified to vote because of felony status or death. : ~~Provided,~~ ~~That no~~ No state agency may withhold information regarding a voter's status as deceased or as a felon unless ordered by a court of law. : ~~Provided further,~~ the Secretary of State shall, in each calendar year, certify that the removal of individuals who are not qualified to vote because of a felony conviction as provided in section two of this article or death is completed at least thirty days preceding the date of any primary election.
     (c) The list maintenance performed under subsection (b) of this section shall be conducted in a manner that ensures that:      (1) The name of each registered voter appears in the ~~computerized list~~ statewide voter registration database;
     (2) Only voters who are not registered, who have requested in writing that their voter registration be canceled or who are not eligible to vote are removed from the ~~computerized list~~ statewide voter registration database;
     (3) Duplicate names are eliminated from the ~~computerized list~~ statewide voter registration database; and
     (4) Deceased ~~individuals~~ individuals' names are eliminated from the ~~computerized list~~ statewide voter registration database.
     (d) The Secretary of State and the clerks of all county commissions shall provide adequate technological security measures to prevent the unauthorized access to the ~~computerized list~~ statewide voter registration database established under this section.
     (e) The Secretary of State shall ensure that voter registration records in the state are accurate and updated regularly, including the following:
     (1) A system of file maintenance that makes a reasonable effort to remove registrants who are ineligible to vote from the official list of eligible voters. Under the system, consistent with 42 U. S. C. §1973gg, et seq., registrants who have not responded to a notice sent pursuant to section twenty six, article two of this chapter, who have not otherwise updated their voter registration address and who have not voted in two consecutive general elections for federal office shall be removed from the official list of eligible voters, except that no registrant may be removed solely by reason of a failure to vote; ~~and~~
     (2) By participation in programs across state lines to share data specifically for voter registration to ensure that voters who have moved across state lines or become deceased in another state are removed in accordance with state law and 42 U. S. C. §1973gg, et seq.; and
_____~~(2)~~ (3) Through safeguards to ensure that eligible voters are not removed in error from the official list of eligible voters.
     (f) Applications for voter registration may only be accepted when the following information is provided:
     (1) Except as provided in subdivision (2) of this subsection and notwithstanding any other provision of law to the contrary, an application for voter registration may not be accepted or processed unless the application includes:
     (A) In the case of an applicant who has been issued a current and valid driver's license, the applicant's driver's license number;
     (B) In the case of an applicant who has been issued an identification card by the Division of Motor Vehicles, the applicant's identification number; or
     (C) In the case of any other applicant, the last four digits of the applicant's Social Security number; and
     (2) If an applicant for voter registration has not been issued a current and valid driver's license, Division of Motor ~~Vehicles'~~ Vehicles identification card or a Social Security number, the Secretary of State shall assign the applicant a number which will serve to identify the applicant for voter registration purposes. ~~To the extent that the state has a computerized list in effect under this section and the list assigns unique identifying numbers to registrants, the~~ The number assigned under this ~~section~~ subdivision shall be the unique identifying number assigned under the ~~list~~ statewide voter registration database.
     (g) The Secretary of State and the Commissioner of the Division of Motor Vehicles shall enter into an agreement to match and transfer applicable information in ~~the database of~~ the statewide voter registration ~~system~~ database with information in the database of the Division of Motor Vehicles to the extent required to enable each official to verify the accuracy of the information provided on applications for voter registration.
     (h) The Commissioner of the Division of Motor Vehicles shall enter into an agreement with the Commissioner of Social Security under 42 U. S. C. ~~§301~~ §401, et seq., the Social Security Act. All fees associated with this agreement shall be paid for from moneys in the fund created under section twelve of this article ~~two of this chapter~~.
§3-2-18. Registration records; active, inactive, canceled, pending and rejected registration files; procedure; voting records.
     (a) For the purposes of this article:
     (1) "Original voter registration record" means all records submitted or entered in writing or electronically, where permitted by law, for voter registration purposes, including:
     (A) Any original application or notice submitted by any person for registration or reinstatement, change of address, change of name, change of party affiliation, correction of records, cancellation, confirmation of voter information or other request or notice for voter registration purposes; and
     (B) Any original entry made on any voter's registration record at the polling place, or made or received by the clerk of the county commission relating to any voter's registration, such as records of voting, presentation of identification and proof of age, challenge of registration, notice of death or obituary notice, notice of disqualifying conviction or ruling of mental incompetence or other original document which may affect the status of any person's voter registration.
     (2) "Active voter registration ~~files~~ records" means the ~~files of~~ registration records, whether ~~maintained~~ on paper ~~forms~~ or in ~~digitized data~~ electronic format, containing the names, addresses, birth dates and other required information for all persons within a county who are registered to vote and whose registration has not been designated as ~~"inactive"~~ inactive or ~~"canceled"~~ canceled pursuant to the provisions of this article.
     (3) "Inactive voter registration ~~files~~ records" means the ~~files of~~ registration records, whether ~~maintained~~ on paper ~~forms~~ or in ~~digitized data~~ electronic format, containing the names, addresses, birth dates and other required information for all persons designated ~~"inactive"~~ inactive pursuant to the provisions of section twenty-seven of this article following the return of the prescribed notices as undeliverable at the address provided by the United States Postal Service or entered on the voter registration, . For the purposes of this chapter or of any other provisions of this code relating to elections conducted under the provisions of this chapter, whenever a requirement is based on the number of registered voters, including, but not limited to, the number of ballots to be printed, the limitations on the size of a precinct, or the number of petition signatures required for election purposes, only those registrations included on the active voter registration files shall be counted and voter registrations included on the inactive voter registration files, as defined in this subdivision, shall not be counted. or for failure of the contacted voter to return a completed confirmation notice within thirty days of the mailing.
     (4) "Canceled voter registration ~~files~~ records" means the ~~files~~ records containing all required information for all persons who have been removed from the active and inactive voter registration ~~files~~ records and who are no longer registered to vote within the county.
     (5) "Pending application ~~files~~ records" means the temporary ~~files~~ records containing all information submitted on a voter registration application, pending the expiration of the verification period.
     (6) "Rejected application ~~files~~ records" means the ~~files~~ records containing all information submitted on a voter registration application which was rejected for reasons as described in this article.
     (7) "Confirmation pending records" means the records containing all required information for persons who have been identified to be included in the next succeeding mailing of address confirmation notices as set forth by the National Voter Registration Act of 1993 (42 U. S. C. §1973gg, et seq.).
_____(b) For the purposes of this chapter or of any other provisions of this code relating to elections conducted under the provisions of this chapter, whenever a requirement is based on the number of registered voters, including, but not limited to, the number of ballots to be printed, the limitations on the size of a precinct, or the number of petition signatures required for election purposes, only those registrations included on the active voter registration files shall be counted and voter registrations included on the inactive voter registration files, as defined in this subdivision, shall not be counted.
_____~~(b)~~ (c) Active voter registration ~~files~~ records, confirmation pending records and inactive voter registration ~~files~~ records may be maintained in the same physical location ~~or database~~, providing the records are coded, marked or arranged in such a way as to make the status of the registration immediately obvious. Canceled voter registration ~~files~~ records, pending application ~~files~~ records and rejected application ~~files~~ records ~~shall each~~ may be maintained in separate physical locations. ~~or databases.~~ However, all such records shall be maintained in the statewide voter registration database, subject to this article.
_____~~(c)~~ (d) The effective date of any action affecting any voter's registration status shall be entered on the voter record ~~in the appropriate file~~, including the effective date of registration, change of name, address or party affiliation or correction of the record, effective date of transfer to inactive status, return to active status or cancellation. When any registration is designated inactive or is canceled, the reason for the designation or cancellation and any reference notation necessary to locate the original documentation related to the change shall be entered on the voter record.
     ~~(d)~~ (e) Within one hundred twenty days after each primary, general, municipal or special election, the clerk of the county commission shall as evidenced by the presence or absence of signatures on the pollbooks for such election, correct any errors or omissions on the voter registration records resulting from the poll clerks erroneously checking or failing to check the registration records as required by the provisions of section thirty-four, article one of this chapter, or shall enter the voting records into the ~~state uniform data system if the precinct books have been replaced with printed registration books as provided in section twenty-one of this article.~~ statewide voter registration database.
§3-2-19. Maintenance of active and inactive registration records for municipal elections.
     (a) Each county shall continue to maintain a record of each active and inactive voter registration in precinct registration books until the statewide voter registration system is adopted pursuant to the provisions of section four-a of this article, fully implemented and given final approval by the Secretary of State. The precinct registration books shall be maintained as follows:
     (1) Each active voter registration shall be entered in the precinct book or books for the county precinct in which the voter's residence is located and shall be filed alphabetically by name, alphabetically within categories, or by numerical street address, as determined by the clerk of the county commission for the effective administration of registration and elections. No active voter registration record shall be removed from the precinct registration books unless the registration is lawfully transferred or canceled pursuant to the provisions of this article.
     (2) Each voter registration which is designated "inactive" pursuant to the procedures prescribed in section twenty-seven of this article shall be retained in the precinct book for the county precinct in which the voter's last recorded residence address is located until the time period expires for which a record must remain on the inactive files. Every inactive registration shall be clearly identified by a prominent tag or notation or arranged in a separate section in the precinct book clearly denoting the registration status. No inactive voter registration record shall be removed from the precinct registration books unless the registration is lawfully transferred or canceled pursuant to the provisions of this article.
     ~~(b)~~ (a) For municipal elections, the registration records of active and inactive voters shall be maintained as follows:
     (1) ~~County precinct books shall~~ Clerks of the county commissions shall prepare pollbooks or voter lists to be used in municipal elections when the county precinct boundaries and the municipal precinct boundaries are the same and all registrants of the precinct are entitled to vote in state, county and municipal elections within the precinct or when the registration records of municipal voters within a county precinct are separated and maintained in a separate municipal section or book for that county precinct and can be used either alone or in combination with other ~~precinct books~~ pollbooks or voter lists to make up a complete set of registration records for the municipal election precinct.
     (2) Upon request of the municipality, and if the clerk of the county commission does not object, separate municipal precinct books shall be maintained in cases where municipal or ward boundaries divide county precincts and it is impractical to use county ~~precinct books~~ pollbooks or voter lists or separate municipal sections of those ~~precinct books~~ pollbooks or voter lists. If the clerk of the county commission objects to the request of a municipality for separate municipal precinct books, the State Election Commission must determine whether the separate municipal precinct books should be maintained.
     (3) No registration record may be removed from a municipal registration record unless the registration is lawfully transferred or canceled pursuant to the provisions of this article in both the county and the municipal registration records.
     ~~(c)~~ (b) Within thirty days following the entry of any annexation order or change in street names or numbers, the governing body of an incorporated municipality shall file with the clerk of the county commission a certified current official municipal boundary map and a list of streets and ranges of street numbers within the municipality to assist the clerk in determining whether a voter's address is within the boundaries of the municipality.
     (d) Each county, so long as precinct registration books are maintained, shall maintain a duplicate record of every active and inactive voter registration in a county alphabetical file. The alphabetical file may be maintained on individual paper forms or, upon approval of the Secretary of State of a qualified data storage program, may be maintained in digitized format. A qualified data storage program shall be required to contain the same information for each voter registration as the precinct books, shall be subject to proper security from unauthorized alteration and shall be regularly duplicated to backup data storage to prevent accidental destruction of the information on file.
§3-2-21. Maintenance of records in the statewide voter registration database in lieu of precinct record books.
  (a) The clerk of the county commission of each county~~, upon installation of the state uniform voter data system,~~ shall ~~prepare~~ maintain a voter registration data system record book into which all required records of appointments of authorized personnel, tests, repairs, program alterations or upgrades and any other action by the clerk of the county commission or by any other person under supervision of the clerk affecting the programming or records contained in the system, other than routine data entry, alteration, use, transfer or transmission of records shall be entered.
  (b) The clerk of the county commission shall appoint all personnel authorized to add, change or transfer voter registration information within the ~~state uniform voter data system~~ statewide voter registration database, and a record of each appointment and the date of authorization shall be entered as provided in subsection (a) of this section. The assignment and confidential record of assigned system identification or authorized user code for each person appointed shall be as prescribed by the Secretary of State.
  (c) Voter registration records entered into and maintained in the ~~state uniform voter data system~~ statewide voter registration database shall include the information required for application for voter registration, for maintenance of registration and voting records, for conduct of elections and for statistical purposes, as prescribed by the Secretary of State.
  (d) No person shall make any entry or alteration of any voter record which is not specifically authorized by law. Each entry or action affecting the status of a voter registration shall be based on information in an original voter registration record, as defined in section eighteen of this article.
  (e) The clerk of the county commission shall maintain, within the ~~data system~~ statewide voter registration database, active and inactive voter registration ~~files~~ records, confirmation pending records, canceled voter registration ~~files~~ records, pending application ~~files~~ records and rejected application ~~files~~ records, all as defined in section eighteen of this article.
  (f) Upon receipt of a completed voter registration application, the clerk shall enter into the statewide voter registration database the information provided on the application, mark the records as pending and ~~into the pending application file and~~ initiate the verification or notice of disposition procedure as provided in section sixteen of this article. Upon completion of the verification or notice of disposition, the status of the voter record shall be ~~transferred to the proper file~~ properly noted in the statewide voter registration database.
  (g) Upon receipt of an application or written confirmation from the voter of a change of address within the county, change of name, change of party affiliation or other correction to a an active voter registration record, ~~in the active voter registration file,~~ the change shall be entered in the record and the required notice of disposition mailed.
  (h) Upon receipt of an application or written confirmation from ~~the~~ an inactive voter of a change of address within the county, change of name, change of party affiliation or other correction to a registration record, ~~in the inactive voter registration file, the~~ any necessary change shall be entered in the record, the required notice of disposition mailed and the record ~~transferred~~ updated to ~~the active registration file or returned to~~ active status, and the date of the transaction shall be recorded. Receipt of an application or written confirmation from an inactive voter that confirms the voter's current address shall be treated in the same manner.
  (i) Upon receipt of a notice of death, a notice of conviction or a notice of a determination of mental incompetence, as provided ~~for~~ in section twenty-three of this article, the date and reason for cancellation shall be entered on the voter's record and the record status shall be ~~transferred~~ changed to ~~the~~ canceled. ~~voter registration file.~~
  (j) Upon receipt from the voter of a request for cancellation or notice of change of address to an address outside the county pursuant to the provisions of section twenty-two of this article, or as a result of a determination of ineligibility through a general program of removing ineligible voters as authorized by the provisions of this article, the date and reason for cancellation shall be entered on the voter's record and the record status shall be ~~transferred~~ changed to ~~the~~ canceled. ~~voter registration file.~~
  (k) At least once each month during a period prescribed by the Secretary of State, the clerk of the county commission of each county utilizing the state uniform voter data system shall transmit to the Secretary of State, by electronic transmission or by the mailing of one or more data disks or other approved means, a copy of the active, inactive and pending application files as of the date of transmission, for the purpose of comparison of those records to the voter registration records of other counties in the state and for any other list maintenance procedures authorized by the provisions of this article.
  (l) The Secretary of State shall promulgate legislative rules pursuant to the provisions of chapter twenty-nine-a of this code establishing procedures for the elimination of separate precinct registration books as the official active and inactive voter registration files and for the use of the state uniform voter data system to maintain all files, to produce voter lists for public inspection and to produce precinct voter records for election day use. Separate precinct registration books shall be maintained pursuant to the provisions of section nineteen of this article until all necessary provisions required for the conduct of elections at the polling place and for the implementation of the provisions of this chapter have been made. When a county is authorized to use the state uniform voter data system exclusively for all prescribed files, the clerk of the county commission shall transfer the original voter records contained in the precinct registration books to alphabetical record storage files which shall be retained in accordance with the provisions of section twenty- nine of this article, and any rules issued pursuant thereto.
§3-2-23. Cancellation of registration of deceased or ineligible voters.
  The clerk of the county commission shall cancel the registration of a voter:
  ~~(a)~~ (1) Upon the voter's death as verified by:
  ~~(1)~~ (A) A death certificate from the Registrar of Vital Statistics or a notice from the Secretary of State that a comparison of the records of the registrar with the county voter registration records show the person to be deceased;
  ~~(2)~~ (B) The publication of an obituary or other writing clearly identifying the deceased person by name, residence and age corresponding to the voter record; or
  ~~(3)~~ (C) An affidavit signed by the parent, legal guardian, child, sibling or spouse of the voter giving the name and birth date of the voter, and date and place of death;
  ~~(b)~~ (2) Upon receipt of an official notice from a state or federal court that the person has been convicted of a felony, of treason or bribery in an election; ~~in which event, the clerk shall enter a notation on the voter record of the date upon which the term of any sentence for such conviction will cease, unless sooner vacated by court action or pardon;~~
  ~~(c)~~ (3) Upon receipt of a notice from the appropriate court of competent jurisdiction of a determination of a voter's mental incompetence;
  ~~(d)~~ (4) Upon receipt from the voter ~~registration~~ of a written request to cancel the voter's registration, upon confirmation by the voter of a change of address to an address outside the county, upon notice from a voter registrar of another jurisdiction outside the county or state of the receipt of an application for voter registration in that jurisdiction, or upon notice from the Secretary of State that a voter registration application was accepted in another county of the state subsequent to the last registration date in the first county, as determined from a comparison of voter records; or
__~~(e)~~ (5) Upon failure to respond and produce evidence of continued eligibility to register following the challenge of the voter's registration pursuant to the provisions of section twenty- eight of this article.~~; or~~
  ~~(f) As required under the provisions of section twenty-seven of this article.~~
§3-2-25. Systematic purging program for removal of ineligible voters from active voter registration files; comparison of data records; confirmation notices; public inspection list.
     (a) ~~In any county maintaining active voter registration files in the state uniform voter data system, as defined in section twenty of this article, the~~ The systematic purging program provided ~~for~~ in this section shall begin no earlier than October 1 of each odd-numbered year and shall be completed no later than February 1 of the following year. The clerk of the county commission shall transmit or mail on data disk to the Secretary of State a copy of the digitized records contained in the active voter registration file as of October 1, to be received by the Secretary of State no later than October 15, . to the Secretary of State a certification that the systematic purging program has been completed and all voters identified as no longer eligible to vote have been canceled in the statewide voter registration database in accordance with the law no later than February 15 in the year in which the purging program is completed.
     (b) ~~Upon receipt of the voter records in data format, the~~ The Secretary of State shall provide for the comparison of data records of all ~~participating~~ counties. The Secretary of State shall, based on the comparison, prepare a ~~data file or printed~~ list for each county which shall include the voter registration record for each voter shown on that county's list who appears to have registered or to have updated a voter registration in another county at a subsequent date. The resulting ~~files and/or~~ lists shall be returned to the appropriate county and the clerk of the county commission shall proceed with the confirmation procedure for those voters as prescribed in section twenty-six of this article.
     (c) The Secretary of State may provide for the comparison of data records of ~~participating~~ counties with the data records of the Division of Motor Vehicles, the registrar of vital statistics and with the data records of any other state agency which maintains records of residents of the state, if the procedure is practical and the agency agrees to participate. Any resulting information regarding potentially ineligible voters shall be returned to the appropriate county and the clerk of the county commission shall proceed with the confirmation procedure as prescribed in section twenty-six of this article.
     (d) The records of all ~~of the~~ voters ~~of all participating counties~~ not identified pursuant to the procedures set forth in subsections (b) and (c) of this section shall be combined for comparison with United States Postal Service change of address information, as described in section 8(c)(A) of the National Voter Registration Act of 1993 (42 U. S. C. §1973gg, et seq.). The Secretary of State shall contract with an authorized vendor of the United States Postal Service to perform the comparison. ~~Not less than thirty percent nor more than fifty percent of~~ The cost of the change of address comparison procedure shall be paid for from the combined voter registration and licensing fund established in section twelve of this article and ~~participating counties shall reimburse the fund for the balance of the cost prorated on a per voter basis~~ the cost of the confirmation notices, labels and postage shall be paid for by the counties.
     (e) The Secretary of State shall return to each county the identified matches of the county voter registration records and the postal service change of address records.
     (1) When the change of address information indicates the voter has moved to a new address within the county, the clerk of the county commission shall enter the new address on the voter record ~~in the active registration file~~ and assign the proper precinct.
     (2) The clerk of the county commission shall then mail to each voter who appears to have moved from the residence address shown on the registration records a confirmation notice pursuant to section twenty-six of this article and of Section 8(d)(2) of the National Voter Registration Act of 1993 (42 U. S. C. §1973gg, et seq.). The notice shall be mailed, no later than December 31, to the new address provided by the postal service records or to the old address if a new address is not available.
     (f) The clerk of the county commission shall ~~prepare a list containing~~ indicate in the statewide voter registration database the name and address of each voter to whom a confirmation notice was mailed and the date on which the notice was mailed. The list shall be titled "Systematic Purging Program Notices" and shall include the name of the county and the date of the preparation of the list and shall be arranged in alphabetical order within precincts or for the entire county.
     (g) Upon receipt of any response or returned mailing sent pursuant to the provisions of subsection (e) of this section, the clerk shall immediately enter the date and type of response received on in the ~~list of voters prepared pursuant to the provisions of this section~~ statewide voter registration database and shall then proceed in accordance with the provisions of section twenty-six of this article.
     (h) For purposes of complying with the record keeping and public inspection requirements of the National Voter Registration Act of 1993 (42 U. S. C. §1973gg, et seq.), and with the provisions of section twenty-seven of this article, the public inspection lists shall be maintained either in printed form kept in a binder prepared for such purpose and available for public inspection during regular business hours at the office of the clerk of the county commission or in read-only data format available for public inspection on computer terminals set aside and available for regular use by the general public. Information concerning whether or not each person has responded to the notice shall be entered ~~onto the list~~ into the statewide voter registration database upon receipt and shall be available for public inspection as of the date the information is received.
     (i) Any voter to whom a confirmation notice was mailed pursuant to the provisions of subsection (e) of this section who fails to respond to the notice or to update his or her voter registration address by February 1 immediately following the completion of the program, shall be designated inactive ~~and placed within the inactive voter registration file, as defined in section nineteen of this article.~~ in the statewide voter registration database. Any voter designated inactive shall be required to affirm his or her current residence address, on a form prescribed by the Secretary of State, upon appearing at the polls to vote.
     (j) A county which uses a digitized data system for voter registration other than the state uniform voter data system shall conduct the systematic purging program for removal of ineligible voters from active voter registration files by contracting directly with an authorized vendor of the United States postal service for change of address information, at county expense, for the identification of potentially ineligible voters, and upon receipt of the list of matches, shall perform the steps required by the provisions of subsections (e) through (i) of this section within the same time limits and procedures required for those counties participating in the state approved system.
     ~~(k)~~ (j) In addition to the preceding purging procedures, all counties using the change of address information of the United States Postal Service shall also, once each four years during the period established for systematic purging in the year following a presidential election year, conduct the same procedure by mailing a confirmation notice to those persons not identified as potentially ineligible through the change of address comparison procedure but who have not updated their voter registration records and have not voted in any election during the preceding four calendar years. The purpose of this additional systematic confirmation procedure shall be to identify those voters who may have moved without filing a forwarding address, moved with a forwarding address under another name, died in a another county or state so that the certificate of death was not returned to the clerk of the county commission, or who otherwise have become ineligible.
§3-2-29. Custody of original registration records.
     (a) All original registration records ~~and voter registration data files~~ in paper format shall remain in the custody of the county commission, by its clerk, or, electronically, in the statewide voter registration database and shall not be removed except for use in an election or by the order of a court of record or in compliance with a subpoena duces tecum issued by the Secretary of State pursuant to the provisions of section six, article one-a of this chapter.
     (b) All original voter registration records shall be retained for a minimum of five years following the last recorded activity relating to the record, except that any application which duplicates and does not alter an existing registration shall be retained for a minimum of two years following its receipt. The Secretary of State shall promulgate rules pursuant to the provisions of chapter twenty-nine-a of this code for the specific retention times and procedures required for original voter registration records.
     (c) Prior to the destruction of original voter registration applications or registration cards of voters whose registration has been canceled at least five years previously, the clerk of the county commission shall notify the Secretary of State of the intention to destroy those records. If the Secretary of State determines, within ninety days of the receipt of the notice, that those records are of sufficient historical value that microfilm or other permanent data storage is desirable, the Secretary of State may require that the records be delivered to a specified location for processing at state expense.
     (d) ~~When a county maintains in digitized data format the active~~ Active, inactive, pending, rejected and canceled registration ~~files, a data format copy of each of the files~~ records shall be maintained as a permanent record, as follows:
     (1) Individual canceled registration records shall be maintained in ~~a regularly accessible data file~~ the statewide voter registration database for a period of at least ~~three~~ five years following cancellation. Upon the expiration of ~~three~~ five years, those individual records may be removed from the regularly accessible canceled registration file and stored on tape or disk The records removed may be added to a single file containing previously canceled registration records for permanent storage, and the tape or disk shall be clearly labeled. statewide voter registration database and disposed of in accordance with the appropriate document retention policy.
     (2) Rejected registration ~~record files~~ records shall be maintained in the same manner as provided for canceled registration ~~files~~ records.
     (3) At least once each calendar year, during the month of February, a data format copy of the active registration file, inactive registration file and pending application file shall be made containing all records maintained in those files as of the date of the copy. The copy shall be stored on tape or disk and shall be clearly labeled with the types of files and the date the copy was made.;
     And,
     By striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for Senate Bill No. 535--A Bill to repeal §3-2-24 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-1-3 of said code; and to amend and reenact §3-2-2, §3-2-4a, §3-2-18, §3-2-19, §3-2-21, §3-2-23, §3-2-25 and §3-2-29 of said code, all relating to the maintenance of voter registration lists and related records generally; repealing provisions governing superseded voter list purging procedures; updating specific constitutional provisions relating to voting; modifying when a person under the age of eighteen may vote in a primary election; updating the processes and responsibilities for statewide voter registration and establishing county and state roles in the voter registration process; modifying the processes of maintaining voter registration records; specifying county roles in maintaining voter registration files for municipal elections; modifying processes for the maintenance of records in the statewide voter registration database; permitting registration records to be shared across state lines pursuant to certain programs; modifying processes for cancellation of deceased or ineligible voters' registrations; providing county and state roles in the systematic purging program for removal of ineligible voters from active voter registration records; and providing for the custody of paper and electronic voter registration records.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Committee Substitute for Senate Bill No. 535, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 535) passed with its House of Delegates amended title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Com. Sub. for Senate Bill No. 538, Eliminating requirement law enforcement maintain files of domestic violence orders.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendments to the bill were reported by the Clerk:
     By striking out everything after the enacting clause and inserting in lieu thereof the following:
ARTICLE 27. PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE.
Part 6. Disposition of Domestic Violence Orders.
§48-27-601. Transmitting orders to domestic violence database; affidavit as to award of possession of real property; service of order on respondent.
  (a) Upon entry of an order pursuant to section 27-403 or part 27-501, et seq., or an order entered pursuant to part 5-501, et seq., granting relief provided for by this article, a copy of the order shall ~~no later than the close of the next business day,~~ be immediately transmitted by electronically by the court or the clerk of the court to the domestic violence database established pursuant to the provisions of section twenty-one, article one, chapter fifty-one of this code. No later than the close of the next business day the court or the clerk of the court shall transmit the order to a local office of the municipal police, the county sheriff and the West Virginia State Police ~~where it shall be placed in a confidential file, with access provided only to the law-enforcement agency and the respondent named on the order.~~ for service upon the respondent named in the order. The law-enforcement agency or agencies to which a copy of the order is supplied are not required to maintain a copy of the order after the respondent is served.
  (b) A sworn affidavit may be executed by a party who has been awarded exclusive possession of the residence or household, pursuant to an order entered pursuant to section 27-503, and shall be delivered to ~~such~~ law-enforcement agencies simultaneously with any order giving the party's consent for a law-enforcement officer to enter the residence or household, without a warrant, to enforce the protective order or temporary order.
  (c) Orders shall be promptly served upon the respondent. Failure to serve a protective order on the respondent does not stay the effect of a valid order if the respondent has actual notice of the existence and contents of the order.
  (d) Any law-enforcement agency in this state in possession of or with notice of the existence of an order issued pursuant to the provisions of section 27-403 or 27-501 of this article or the provisions of section 5-509 of this chapter which is in effect or has been expired for thirty days or less that receives a report that a person protected by ~~such~~ an order has been reported to be missing shall immediately follow its procedures for investigating missing persons. No agency or department policy delaying the beginning of an investigation ~~shall have~~ has any force or effect.
  (e) The provisions of subsection (d) of this section shall be applied where a report of a missing person is made which is accompanied by a sworn affidavit that the person alleged to be missing was, at the time of his or her alleged disappearance, being subjected to treatment which meets the definition of domestic battery or assault set forth in section twenty-eight, article two, chapter sixty-one of this code.;
  And,
  By striking out the title and substituting therefor a new title, to read as follows:
  Eng. Com. Sub. for Senate Bill No. 538--A Bill to amend and reenact §48-27-601 of the Code of West Virginia, 1931, as amended, relating generally to disposition of domestic violence orders; requiring the filing of domestic violence orders with the domestic violence database; and modifying law enforcement's record-keeping requirement for domestic violence orders.
  On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
  Engrossed Committee Substitute for Senate Bill No. 538, as amended by the House of Delegates, was then put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 538) passed with its House of Delegates amended title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendment, as to
  Eng. Com. Sub. for Senate Bill No. 586, Transferring authority to license cosmetology, barber and massage schools to Council for Community and Technical College Education.
  On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
  The following House of Delegates amendment to the bill was reported by the Clerk:
  By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 27. BOARD OF BARBERS AND COSMETOLOGISTS.
§30-27-3. Definitions.
     As used in this article, the following words and terms have the following meanings, unless the context clearly indicates otherwise:
     (a) "Aesthetics" or "esthetics" means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:
     (1) Administering cosmetic treatments to enhance or improve the appearance of the skin, including cleansing, toning, performing effleurage or other related movements, stimulating, exfoliating or performing any other similar procedure on the skin of the human body or scalp;
     (2) Applying, by hand or with a mechanical or electrical apparatus, any cosmetics, makeups, oils, powders, clays, antiseptics, tonics, lotions, creams or chemical preparations necessary for the practice of aesthetics to another person's face, neck, back, shoulders, hands, elbows and feet up to and including the knee;
     (3) The rubbing, cleansing, exercising, beautifying or grooming of another person's face, neck, back, shoulders, hands, elbows and feet up to and including the knee;
     (4) The waxing, tweezing and threading of hair on another person's body;
     (5) The wrapping of another person's body in a body wrap;
     (6) Applying artificial eyelashes and eyebrows; and
     (7) The lightening of hair on the body except the scalp.
     (b) "Aesthetician" or "esthetician" means a person licensed under the provisions of this article who engages in the practice of aesthetics.
     (c) "Applicant" means a person making application for a professional license, license, certificate, registration, permit or renewal under the provisions of this article.
     (d) "Barber" means a person licensed under the provisions of this article who engages in the practice of barbering.
     (e) "Barbering" means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:
     (1) Shaving, shaping and trimming the beard, or both;
     (2) Cutting, singeing, shampooing, arranging, dressing, tinting, bleaching or applying lotions or tonics on human hair, or a wig or hairpiece; and
     (3) Applications, treatments or rubs of the scalp, face, or neck with oils, creams, lotions, cosmetics, antiseptics, powders or other preparations in connection with the shaving, cutting or trimming of the hair or beard.
     (f) "Barber crossover" or "cosmetologist crossover" is a person who is licensed to perform barbering and cosmetology.
     (g) "Barber permanent waving" means the following acts done on the human body for compensation and not for the treatment of disease:
     (1) The bleaching or tinting of hair; and
     (2) The permanent waving of hair.
     (h) "Barber permanent wavist" means a person licensed to perform barbering and barber permanent waving.
     (i) "Board" means the West Virginia Board of Barbers and Cosmetologists.
     (j) "Certificate" means an instructor certificate to teach in a school under the provisions of this article.
     (k) "Certificate holder" means a person certified as an instructor to teach in a school under the provisions of this article.
     (l) "Cosmetologist" means a person licensed under the provisions of this article who engages in the practice of cosmetology.
     (m) "Cosmetology" means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:
     (1) Cutting, styling, shaping, arranging, braiding, weaving, dressing, adding extensions, curling, waving, permanent waving, relaxing, straightening, shampooing, cleansing, singeing, bleaching, tinting, coloring, waxing, tweezing or similarly work on human hair, or a wig or hairpiece, by any means, including hands, mechanical or electrical devices or appliances;
     (2) Nail care;
     (3) Applying by hand or with a mechanical or electrical device or appliance, any cosmetics, makeups, oils, powders, clays, antiseptics, tonics, lotions, creams or chemical preparations necessary for the practice of aesthetics to another person's face, neck, shoulders, hands, elbows and feet up to and including the knee;
     (4) The rubbing, cleansing, exercising, beautifying or grooming of another person's face, neck, shoulders, hands, elbows and feet up to and including the knee;
     (5) The wrapping of another person's body in a body wrap; and
     (6) Performing aesthetics.
     (n) "General supervision" means:
     (1) For schools, a master or certified instructor is on the premises and is quickly and easily available; or
     (2) For salons, a professional licensee is on the premises and is quickly and easily available.
     (o) "Hair braiding" means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease: Braiding, plaiting, twisting, wrapping, threading, weaving, extending or locking of natural human hair by hand or mechanical device.
     (p) "Hair styling" means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:
     (1) Cutting, styling, shaping, arranging, braiding, weaving, dressing, adding extensions, curling, waving, permanent waving, relaxing, straightening, shampooing, cleansing, singeing, bleaching, tinting, coloring, waxing, tweezing, threading or similarly work on human hair, or a wig or hairpiece, by any means, including hands, mechanical or electrical devices or appliances;
     (2) The rubbing, cleansing, exercising, beautifying or grooming of another person's face, neck, shoulders, hands, elbows and feet up to and including the knee.
     (q) "Hair stylist" means a person licensed under the provisions of this article who engages in the practice of hair styling.
     (r) "License" means a professional license, a salon license or a school license.
     (s) "Licensed school" means a facility which has been approved by the West Virginia Council for Community and Technical College Education pursuant to section nine, article two-b, chapter eighteen-b of this code, to educate persons to be licensed or issued certain permits under the provisions of this article.
_____~~(s)~~ (t) "Licensee" means a person, corporation or firm holding a license issued under the provisions of this article.
     ~~(t)~~ (u) "Nail care" means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:
     (1) The cleansing, dressing or polishing of nails of a person;
     (2) Performing artificial nail service; and
     (3) The cosmetic treatment of the feet up to the knee and the hands up to the elbow.
     ~~(u)~~ (v) "Nail technician" or "manicurist" means a person licensed under the provisions of this article who engages in the practice of nail care.
     ~~(v)~~ (w) "Permit" means a work permit.
     ~~(w)~~ (x) "Permitee" means a person holding a work permit.
     ~~(x)~~ (y) "Professional license" means a license to practice as a aesthetician, barber, barber crossover, barber permanent wavist, cosmetologist, cosmetologist crossover or nail technician.
     ~~(y)~~ (z) "Registration" means a registration issued by the board to a person who rents or leases a booth or chair from a licensed salon owner and operator, or both, or a registration issued by the board to a person who is a student in a school.
     ~~(z)~~ (aa) "Registrant" means a person who holds a registration under the provisions of this article.
     ~~(aa)~~ (bb) "Salon" means a shop or other facility where a person practices under a professional license.
     ~~(bb)~~ (cc) "Salon license" means a license to own and operate a salon.
     ~~(cc) "School" means a facility to educate persons to be licensed under the provisions of this article.~~
     ~~(dd) "School license" means a license to own and operate a school.~~
     ~~(ee)~~ (dd) "Student registration" means a registration issued by the board to a student to study at a school licensed under the provisions of this article.
§30-27-5. Powers and duties of the board.
     (a) The board has all the powers and duties set forth in this article, by rule, in article one of this chapter and elsewhere in law.
     (b) The board shall:
     (1) Hold meetings, conduct hearings and administer examinations;
     (2) Establish requirements for licenses, permits, certificates and registrations;
     (3) Establish procedures for submitting, approving and rejecting applications for licenses, permits, certificates and registrations;
     (4) Determine the qualifications of any applicant for licenses, permits, certificates and registrations;
     (5) Prepare, conduct, administer and grade examinations for professional licenses and certificates;
     (6) Determine the passing grade for the examinations;
     (7) Maintain records of the examinations the board or a third party administers, including the number of persons taking the examinations and the pass and fail rate;
     (8) Set operational standards and requirements for licensed schools;
_____~~(8)~~ (9) Hire, discharge, establish the job requirements and fix the compensation of the executive director;
     ~~(9)~~ (10) Maintain an office, and hire, discharge, establish the job requirements and fix the compensation of employees, investigators/inspectors and contracted employees necessary to enforce the provisions of this article: Provided, That any investigator/inspector employed by the board on July 1, 2009, shall retain their coverage under the classified service, including job classification, job tenure and salary, until that person retires or is dismissed: Provided, however, That nothing may prohibit the disciplining or dismissal of any investigator/inspector for cause;
     ~~(10)~~ (11) Investigate alleged violations of the provisions of this article, legislative rules, orders and final decisions of the board;
     ~~(11)~~ (12) Establish the criteria for the training of investigators/inspectors;
     ~~(12)~~ (13) Set the requirements for investigations and inspections;
     ~~(13)~~ (14) Conduct disciplinary hearings of persons regulated by the board;
     ~~(14)~~ (15) Determine disciplinary action and issue orders;
     ~~(15)~~ (16) Institute appropriate legal action for the enforcement of the provisions of this article;
     (17) Report violations of the provisions of this article, and legislative rules promulgated pursuant to this article, alleged to have been committed by a licensed school to the West Virginia Council for Community and Technical College Education. The board may continue to investigate any alleged violation that it receives by May 1, 2013, and shall conclude any such investigation by July 1, 2013. If the board determines that probable cause exists that a violation occurred, the board immediately shall advise and provide its investigation file to the West Virginia Council for Community and Technical College Education;
_____~~(16)~~ (18) Maintain an accurate registry of names and addresses of all persons regulated by the board;
     ~~(17)~~ (19) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;
     ~~(18)~~ (20) Establish the continuing education requirements for professional licensees and certificate holders;
     ~~(19)~~ (21) Issue, renew, combine, deny, suspend, revoke or reinstate licenses, permits, certificates and registrations;
     ~~(20)~~ (22) Establish a fee schedule;
     ~~(21)~~ (23) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article; and
     ~~(22)~~ (24) Take all other actions necessary and proper to effectuate the purposes of this article.
     (c) The board may:
     (1) Establish joint licenses;
     (2) Contract with third parties to administer the examinations required under the provisions of this article;
     (3) Sue and be sued in its official name as an agency of this state;
     (4) Confer with the Attorney General or his or her assistant in connection with legal matters and questions.
§30-27-8. Professional license requirements.
     (a) An applicant for a professional license to practice as a aesthetician, barber, barber crossover, barber permanent wavist, cosmetologist, hair stylist, cosmetologist crossover or nail technician shall present satisfactory evidence that he or she:
     (1) Is at least eighteen years of age;
     (2) Is of good moral character;
     (3) Has a high school diploma, a GED, or has passed the "ability to benefit test" approved by the United States Department of Education;
     (4) Has graduated from a licensed school which has been approved by the West Virginia Council for Community and Technical College Education or has completed education requirements in another state and meets the licensure provisions of the board;
     (5) Has passed an examination that tests the applicant's knowledge of subjects specified by the board: Provided, That the board may recognize a certificate or similar license in lieu of the examination or part of the examination that the board requires;
     (6) Has paid the applicable fee;
     (7) Presents a certificate of health from a licensed physician;
     (8) Is a citizen of the United States or is eligible for employment in the United States; and
     (9) Has fulfilled any other requirement specified by the board.
     (b) A license to practice issued by the board prior to July 1, 2009, shall for all purposes be considered a professional license issued under this article: Provided, That a person holding a license issued prior to July 1, 2009, must renew the license pursuant to the provisions of this article.
§30-27-11. Work permit.
     (a) The board may issue a work permit to practice to an applicant who meets the following conditions:
     (1) Has graduated from a licensed school approved by the ~~board~~ ~~or has completed the course requirements in a specific field;~~ West Virginia Council for Community and Technical College Education or has completed education requirements in another state and meets the licensure provisions of the board;
     (2) Is waiting to take the examination;
     (3) Has employment in the field in which he or she applied to take the examination and is working under the general supervision of a professional licensee;
     (4) Has paid the work permit fee;
     (5) Has presented a certificate of health issued by a licensed physician;
     (6) Is a citizen of the United States or is eligible for employment in the United States; and
     (7) Meets all the other requirements specified by the board.
     (b) A work permit expires at the end of the month after issuance following the next examination in the specific field. A work permit may be renewed once.
     (c) While in effect, a work permitee is subject to the restrictions and requirements imposed by this article.
§30-27-12. Student registration.
     (a) Prior to commencing studies in a licensed school, ~~licensed under the provisions of this article~~ a student shall acquire a student registration issued by the board.
     (b) An applicant for a student registration shall present satisfactory evidence that he or she meets the following conditions:
     (1) Is enrolled as a student in ~~an approved~~ a licensed school; ~~or enrolled in an approved course;~~
     (2) Is of good moral character;
     (3) Has paid the required fee;
     (4) Has presented a certificate of health issued by a licensed physician; and
     (5) Is a citizen of the United States or is eligible for employment in the United States.
     (c) The student registration is good during the prescribed period of study for the student.
     (d) The student may perform acts constituting barbering, barber permanent waving, cosmetology, aesthetics or nail care in a school under the general supervision of a master or certified instructor.
ARTICLE 37. MASSAGE THERAPISTS.
§30-37-7. Requirements for licensure; renewal of licenses; reinstatement; penalties.
     (a) The board shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code, establishing a procedure for licensing of massage therapists. License requirements shall include the following:
     (1) Completion of a program of massage education at a school approved by the West Virginia ~~Higher Education Policy Commission~~ Council for Community and Technical College Education pursuant to section nine, article two-b, chapter eighteen-b of this code or by a state agency in another state, the District of Columbia or a United States territory which approves educational programs and which meets qualifications for the National Certification Exam administered through the National Certification Board for Therapeutic Massage and Bodywork. This school shall require a diploma from an accredited high school, or the equivalent, and require completion of at least five hundred hours of supervised academic instruction;
     (2) Successful completion of the National Certification for Therapeutic Massage and Bodywork (NCTMB) examination, or other board approved examination; and
     (3) Payment of a reasonable fee every two years required by the board which shall compensate and be retained by the board for the costs of administration.
     (b) A license to practice massage therapy issued by the board prior to July 1, 2006, shall for all purposes be considered a license issued under this section: Provided, That a person holding a license to practice massage therapy issued prior to July 1, 2006, must renew the license pursuant to the provisions of this article: Provided, however, That a person whose license was issued by the board prior to July 1, 2006, and whose license subsequently lapses may, in the discretion of the board, be subject to the licensing requirements of this section.
     (c) In addition to provisions for licensure, the rules shall include:
     (1) Requirements for completion of continuing education hours conforming to NCTMB guidelines; and
     (2) Requirements for issuance of a reciprocal license to licensees of states with requirements which may include the successful completion of the NCTMB examination or other board approved examination.
     (d) Subject to the provisions of subsection (b) of this section, the board may deny an application for renewal for any reason which would justify the denial of an application for initial licensure.
     (e) Any person practicing massage therapy during the time his or her license has lapsed is in violation of this article and is subject to the penalties provided in this article.
     (f) A massage therapist who is licensed by the board shall be issued a certificate and a license number. The current, valid license certificate shall be publicly displayed and available for inspection by the board and the public at a massage therapist's work site.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
     Engrossed Committee Substitute for Senate Bill No. 586, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 586) passed with its title.
     Senator Unger moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 586) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the amendment by that body to the title of the bill, passage as amended, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendment, as to
     Eng. Senate Bill No. 596, Determining grant awards for Chesapeake Bay and Greenbrier River watershed compliance projects.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendment to the title of the bill was reported by the Clerk:
     By striking out the title and substituting therefor a new title, to read as follows:
     Eng. Senate Bill No. 596--A Bill to amend and reenact §31-15A-17b of the Code of West Virginia, 1931, as amended, relating to requiring the West Virginia Infrastructure and Jobs Development Council to direct the Water Development Authority to make grants to certain eligible certified Chesapeake Bay and Greenbrier River watershed compliance projects.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the title of the bill.
     Engrossed Senate Bill No. 596, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 596) passed with its House of Delegates amended title.
     Senator Unger moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 596) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Senate Bill No. 663, Creating WV Feed to Achieve Act.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendments to the bill were reported by the Clerk:
     By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 5D. WEST VIRGINIA FEED TO ACHIEVE ACT.
§18-5D-1. Short title.
     This act shall be known and may be cited as the West Virginia Feed to Achieve Act.
§18-5D-2. Legislative findings; intent.
     (a) The Legislature finds and declares that:
     (1) Every child in school needs to have nutritious meals in order to achieve his or her potential. Providing the best schools and teachers alone does not ensure a child is mentally present and able to learn. A growing body of research establishes that a hungry child is less able to process the information provided and is less likely to be attentive to the lessons being taught.
     (2) President Harry S. Truman began the national school lunch program in 1946 as a measure of national security to safeguard the health and well-being of the nation's children and to encourage the domestic consumption of nutritious agricultural commodities and other food. Last year in West Virginia, 32.3 million school lunches were served to students in public schools.
     (3) Research shows that healthy eating, proper nutrition and regular physical activity result in students who have: (A) Increased standardized achievement test scores; (B) improved attendance; (C) reduced tardiness; (D) improved academic, behavioral and emotional functioning; and (E) improved nutrition, and for many students, the nutritious breakfast at school is essential.
     (4) Schools that provide universal breakfast programs also report: (A) Decreases in discipline and psychological problems; (B) decreases in visits to school nurses; (C) decreases in tardiness; (D) increases in student attentiveness; (E) increases in attendance; and (F) improved learning environments, and these positive attributes are furthered through comprehensive healthy schools policies that include quality nutrition, integrating physical activity during the school day, and teaching children about the importance of embracing a healthy active lifestyle.
     (5) An effective school breakfast program is not an interruption of the school day; it is an integral and vital part of the school day.
     (6) The participation rate for the school breakfast program varies greatly among our counties. Those counties which have made a determined effort to increase participation by offering programs to best meet student needs, such as Grab-And-Go Breakfasts, providing Breakfast in the Classroom or providing Breakfast After First Period, are feeding significantly higher percentages of their students.
     (7) The West Virginia Center on Budget and Policy reports that in 2011 more than twenty-five percent of the children in West Virginia lived in homes with a household income below the federal poverty line, which is $23,050 for a family of four. About fifty percent of West Virginia children live in homes with a household income below twice the federal poverty level, $46,100 for a family of four, which is approximately the level of the Work Force West Virginia self-sufficiency standard.
     (8) The majority of students from families below the self-sufficiency standard are currently not eating breakfast at school. On the average school day during the 2011-2012 school year, less than half of the West Virginia students eligible for a federally funded free breakfast actually received one. On that same average day, only about one third of the students eligible to receive a reduced price breakfast actually received one.
     (9) In order to maximize each child's potential to learn and develop, the Legislature, schools and communities must partner to provide the most basic support for learning: nutritious meals.
     (10) In order to maximize student participation in school nutrition programs and to reduce the secondary adverse impacts of poverty, it is important that schools provide nutritious meals without a risk to students of being stigmatized as poor.
     (11) High rates of childhood hunger and childhood obesity occur simultaneously because children are not receiving healthy, nutritious food. According to the Data Resource Center for Child and Adolescent Health and others, in 2008 West Virginia ranked 44 in overall prevalence of childhood obesity, with 35.5 percent of children considered either overweight or obese.
     (12) According to the 2008 Pediatric Nutrition Surveillance System, which assesses weight status of children from low-income families participating in the Women Infants and Children program, 28.3 percent of low income children age two to five are overweight or obese in West Virginia.
     (13) The Food Research and Action Center has found that providing a balanced school breakfast may protect against childhood obesity. School breakfast participation, particularly when combined with comprehensive efforts that include regular physical activity and promote healthy eating habits, is associated with a lower body mass index, a lower probability of being overweight and a lower probability of obesity, all of which help prevent a range of chronic diseases including Type II Diabetes, high blood cholesterol, high blood pressure, heart disease and stroke.
     (14) Participation in federally funded meals in child care, preschool, school or summer settings is associated with a lower body mass index among young, low income children.
     (15) Private and nonprofit sectors have shown a willingness to commit significant resources to addressing hunger in America, leveraging federal programs and enlisting their employees, customers and clients to improve the availability and accessibility of affordable, healthy food for those in need of assistance.
     (16) Public schools in this state and others are adopting a continuum of policies to implement low cost, effective programs that include physical activity, physical education, proper nutrition and the promotion of healthy eating habits, along with involvement by school staff, families and communities, and a variety of resources to assist schools in adopting and implementing these programs are easily accessible on the internet and through the Office of Healthy Schools in the West Virginia Department of Education.
     (b) In order to maximize the economies of scale and to access all available federal funds to support our school nutrition programs, the Feed to Achieve initiative directs schools to make available and to promote the federally approved and subsidized meals to all pre-kindergarten through twelfth grade students, to make them readily available and to consider reducing or eliminating the cost to students if sufficient funds become available.
     (c) The Legislature intends to provide a framework for the State Board of Education and the county boards of education to provide, as effectively and as efficiently as possible, a minimum of two nutritious meals each school day to all students.
     (d) The Legislature intends for the state and county boards of education to enter into public-private partnerships to eventually provide free nutritious meals for all pre-kindergarten through twelfth grade school children in West Virginia.
     (e) The Legislature encourages county boards to examine the options available for comprehensive policies and programs to improve student health and promote academic achievement and to establish a comprehensive policy on healthy schools that best meets the needs of their student population.
     (f) It is not the intention of the Legislature to allow or encourage parents to abdicate their parental responsibility related to providing healthy, nutritious meals for their children. However, it is the intent of the Legislature that no child be denied nutritious meals.
     (g) It is the intent of the Legislature that healthy nutritious school lunches be made available to all students in a manner which maximizes participation and minimizes stigma attached to participating low income students.
§18-5D-3. School nutrition programs.
     (a) Each county board of education shall establish and operate school nutrition programs under which, at a minimum, a nutritious breakfast and lunch are made effectively available to all students enrolled in the schools of the county in accordance with the State Board of Education standards. The standards shall include guidelines for determining the eligibility of students for paid, free and reduced meals. The standards shall also establish procedures and guidelines for the Feed to Achieve initiative to allow for the provision of healthy, nutritious meals to all elementary school students, without cost to students, where schools find it practical to do so.
     (b) The Feed to Achieve initiative will be phased in for all elementary schools as sufficient funds become available, through donations, contributions and payments made by individuals, communities, businesses, organizations and parents or guardians on behalf of students. Nothing in this article prohibits any school from providing free meals to all of its students.
     (c) Each county board of education shall:
     (1) Require all schools to adopt a delivery system approved by the state Office of Child Nutrition, no later than the 2015 school year, that ensures all students are given an adequate opportunity to eat breakfast. These approved systems shall include, but are not limited to, Grab-And-Go Breakfasts, Breakfast in the Classroom or Breakfast After First Period; and
     (2) Collaborate with the state Office of Child Nutrition to develop strategies and methods to increase the percentage of children participating in the school breakfast and lunch nutrition programs.
     (d) In addition to other statistics, the county boards of education, in consultation with the state Office of Child Nutrition, shall determine the number of children in each school who are participating in each meal offered by the school; the number of children who are not eating each meal offered by the school; and the total daily attendance.
     (e) The state Office of Child Nutrition shall report to the Joint Committee on Government and Finance, the Select Committee on Children and Poverty and the Legislative Oversight Commission on Education Accountability on or before December 31, 2015, and each year thereafter, on the impacts of the Feed to Achieve Act and any recommendations for legislation.
     (f) County boards of education may utilize the nonprofit funds or foundations established in section four of this article or other available funds to offset the costs of providing free meals, after school and summer nutrition programs to elementary students.
     (g) If at any time federal financial appropriations to this state for school nutrition programs are terminated, county boards of education are hereby authorized, but not required, to continue the programs at their own expense.
     (h) Classroom teachers may not be required to participate in the operation of the school breakfast program as part of their regular duties.
§18-5D-4. Creating public-private partnerships; creating nonprofit foundation or fund; audit.
     (a) The Department of Education and each county board of education shall promptly establish a fund that is restricted solely for the receipt and expenditure of gifts, grants and bequests for the purposes of this article and may establish in lieu thereof a nonprofit foundation for this purpose. The purpose of the fund or nonprofit foundation is to provide supplemental or matching funds to increase participation in the nutrition programs in the Feed to Achieve initiative set forth in subsection (c) of this section. The Department of Education shall utilize its fund or nonprofit foundation to assist county boards of education in counties whose fund or foundation lacks sufficient business, industry and individual contributors to fund the Feed to Achieve nutrition programs.
     (b) Financial support for the fund or foundation may come from either public or private gifts, grants, contributions, bequests and endowments.
     (c) Expenditures from the state or county funds or by the foundations shall be used for provision of food to students through any of the programs or initiatives approved by the Office of Child Nutrition, including the following programs: School Breakfast Program, National School Lunch Program, the Summer Food Service Program, the Fresh Fruit and Vegetable Program, the Child and Adult Care Food Program, the farm to school initiative and community gardens. Expenditures may also be made for initiatives developed with the Department of Health and Human Resources and public- private partnerships to provide outreach and nutritional meals when students are not in school.
     (d) No administrative expenses or personnel expenses for any of the state departments implementing this act, the State Board of Education, any county board of education, school or program may be paid from the funds or by the foundations.
     (e) Individuals or businesses that contribute to the funds or foundations may specify schools or nutrition programs for which the contribution is to be used.
     (f) The Department of Education and county boards of education may establish public-private partnerships to enhance current or advance additional nutrition programs that provide nutritious food for children to take home for weekend meals.
     (g) The Department of Education and county boards of education shall form or expand existing partnerships with the federal and state departments of agriculture, Department of Health and Human Resources, local master gardeners, county extension agents or other experts in the field of agriculture or gardening to develop community gardens, farm to school programs and other such programs that teach students how to grow and produce healthy food and provide healthy food to the students.
     (h) The Department of Education shall collaborate with the Department of Health and Human Resources to develop effective strategies and programs such as after school nutrition outreach and programs that improve the healthy lifestyle of all students in pre- kindergarten through twelfth grade. The Department of Health and Human Resources may propose rules for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code to effectuate any programs so developed.
          (i) All moneys contributed to a fund or foundation established pursuant to this section and all expenditures made therefrom shall be audited as part of the annual independent audit of the State Board of Education and the county boards of education.;
          And,
          By striking out the title and substituting therefor a new title, to read as follows:
          Eng. Senate Bill No. 663--A Bill to repeal §18-5-37 the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §18-5D-1, §18-5D-2 ,§18- 5D-3 and §18-5D-4, all relating to improving the nutrition, physical activity and health of West Virginia's children; creating the West Virginia Feed to Achieve Act; providing legislative findings and intent; encouraging adoption of comprehensive policies and programs; phasing in implementation of the West Virginia Feed to Achieve Act; making nutritious breakfast and lunch be made available to all students; promoting delivery systems, strategies and methods to maximize participation by students; providing for recordkeeping and reporting; authorizing continuation or termination of nutrition programs under certain conditions; providing that classroom teachers may not be required to operate a breakfast program as part of their regular duties; establishing restricted use funds or nonprofit foundations to provide moneys for school nutrition programs; providing for acceptance of private contributions; authorizing expenditures of private funds to draw down maximum federal funds for child nutrition; authorizing certain expenditures; prohibiting use of private funds for administrative or personnel expenses; authorizing partnerships with federal and state agencies and public and private organizations to expand options for providing healthy, nutritious food to children; encouraging healthy food initiatives such as community gardens and farm to school programs; and requiring an annual audit of the private funds.
          On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
          Engrossed Senate Bill No. 663, as amended by the House of Delegates, was then put upon its passage.
          Pending discussion,
          The question being "Shall Engrossed Senate Bill No. 663 pass?"
          On the passage of the bill, the yeas were: Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
          The nays were: Barnes--1.
          Absent: None.
          So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 663) passed with its House of Delegates amended title.
          Senator Unger moved that the bill take effect from passage.
          On this question, the yeas were: Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
          The nays were: Barnes--1.
          Absent: None.
          So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 663) takes effect from passage.
          Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
          A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendment, as to
          Eng. Senate Bill No. 664, Decreasing appropriations of public moneys in State Fund, General Revenue.
          On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
          The following House of Delegates amendment to the bill was reported by the Clerk:
          On page seven, by striking out the following:
          "Whereas, The Constitution of the State of West Virginia requires that there be a balance between the state's revenues and expenditures for each fiscal year; and".
          On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
          Engrossed Senate Bill No. 664, as amended by the House of Delegates, was then put upon its passage.
          On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
          The nays were: None.
          Absent: None.
          So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 664) passed with its title.
          Senator Unger moved that the bill take effect from passage.
          On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
          The nays were: None.
          Absent: None.
          So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 664) takes effect from passage.
          Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
          A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
          House Concurrent Resolution No. 107--Expressing support for the President's proposal to increase the minimum wage to $9 per hour from $7.25 per hour.
          Referred to the Committee on Rules.
          A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
          House Concurrent Resolution No. 140--Recognizing July 16 as "Atomic Veterans Day of Remembrance" in West Virginia.
          At the request of Senator Unger, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution to a committee dispensed with.
          The question being on the adoption of the resolution, the same was put and prevailed.
          Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
          A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendment to, and requested the Senate to recede therefrom, as to
          Eng. Com. Sub. for House Bill No. 2014, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution.
          On motion of Senator Unger, the Senate refused to recede from its amendment to the bill and requested the appointment of a committee of conference of seven from each house on the disagreeing votes of the two houses.
          Whereupon, Senator Kessler (Mr. President) appointed the following conferees on the part of the Senate:
          Senators Prezioso, Facemire, Plymale, Stollings, Unger, M. Hall and Sypolt.
          Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
          A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
          Eng. Com. Sub. for Senate Bill No. 21, Creating Health Care Provider Transparency Act.
          On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
          The following House of Delegates amendments to the bill were reported by the Clerk:
          By striking out everything after the enacting clause and inserting in lieu thereof the following:
          That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §16-1C-1, §16-1C-2, §16-1C-3, §16-1C-4 and §16-1C-5, all to read as follows:
ARTICLE 1C. HEALTH CARE PROVIDER TRANSPARENCY ACT.
§16-1C-1. Definitions.
          (a)  "Direct patient care" means health care that provides for the physical, diagnostic, emotional or rehabilitation needs of a patient or health care that involves examination, treatment or preparation for diagnostic tests or procedures.
          (b) "Employee" means an employee or contractor of a health care provider or a person who is granted privileges by a health care provider who delivers direct patient care.
          (c) "Health care provider" means an individual, partnership, corporation, facility, hospital or institution licensed or certified or authorized by law to provide professional health care service in this state to a patient during that patient's medical, remedial or behavioral health care, treatment or confinement.
          (d) "Secretary" means the Secretary of the West Virginia Department of Health and Human Resources. The secretary may define in rules any term or phrase used in this article which is not expressly defined.
§16-1C-2. Identification badge requirements.
          Notwithstanding any other provision of this code, an employee shall wear an identification badge when providing direct patient care. The identification badge shall be worn in a conspicuous manner so as to be visible and apparent.
§16-1C-3. Exceptions.
          (a) Notwithstanding section three of this article, the following shall apply:
          (1) An employee shall not be required to wear an identification badge while delivering direct patient care if it is not clinically feasible.
          (2) The last name of the employee may be omitted or concealed from an identification badge when delivering direct patient care if the employee is concerned for his or her safety.
          (b) An employee may petition the secretary for an exemption from the requirements of this article for reasons that are not set forth in this section.
          (c) An employee providing direct patient care in a behavioral health care setting may not be required to wear an identification badge.
§16-1C-4. Rules.
          The Secretary of the Department of Health and Human Resources, in consultation with appropriate health care provider professional licensing boards, shall propose rules for legislative approval in accordance with the provisions of chapter twenty-nine-a of this code to implement the provisions of this article. These rules shall include, at a minimum:
          (1) The contents of the identification badge, which shall at least include the name of the employee and title of the employee;
          (2) The title to be used to identify employee licensure information;
          (3) The appearance of the identification badge, which shall have the title of the employee as large as possible in block type: Provided, That health care facilities providing identification badges prior to enactment of this article shall not be required to issue new badges;
          (4) The process and procedure for seeking an exemption from the requirements of this article; and
          (5) Such other rules as may be deemed necessary to effectuate the purposes of this article.
§16-1C-5. Applicability.
          Section three of this article applies to employees of health care providers, who employ at least three licensed practitioners or employ more than ten employees, as of July 1, 2015.;
          And,
          By striking out the title and substituting therefor a new title, to read as follows:
          Eng. Com. Sub. for Senate Bill No. 21--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-1C-1, §16-1C-2, §16-1C-3, §16-1C-4 and §16-1C-5, all relating generally to requiring health care providers to wear identification badges; providing definitions; establishing identification badge requirements; setting forth exceptions; providing for applicability; and granting rule-making authority.
          On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
          Engrossed Committee Substitute for Senate Bill No. 21, as amended by the House of Delegates, was then put upon its passage.
          On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
          The nays were: None.
          Absent: None.
          So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 21) passed with its House of Delegates amended title.
          Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
          A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
          Eng. Com. Sub. for Senate Bill No. 22, Requiring maternity services coverage for all health insurance plan dependents in certain circumstances.
          On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
          The following House of Delegates amendments to the bill were reported by the Clerk:
          By striking out everything after the enacting clause and inserting in lieu thereof the following:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-7. Authorization to establish group hospital and surgical insurance plan, group major medical insurance plan, group prescription drug plan and group life and accidental death insurance plan; rules for administration of plans; mandated benefits; what plans may provide; optional plans; separate rating for claims experience purposes.
     (a) The agency shall establish a group hospital and surgical insurance plan or plans, a group prescription drug insurance plan or plans, a group major medical insurance plan or plans and a group life and accidental death insurance plan or plans for those employees herein made eligible and to establish and promulgate rules for the administration of these plans subject to the limitations contained in this article. ~~Those~~ These plans shall include:
     (1) Coverages and benefits for X ray and laboratory services in connection with mammograms when medically appropriate and consistent with current guidelines from the United States Preventive Services Task Force; pap smears, either conventional or liquid-based cytology, whichever is medically appropriate, and consistent with the current guidelines from either the United States Preventive Services Task Force or The American College of Obstetricians and Gynecologists; and a test for the human papilloma virus (HPV) when medically appropriate and consistent with current guidelines from either the United States Preventive Services Task Force or The American College of Obstetricians and Gynecologists, when performed for cancer screening or diagnostic services on a woman age eighteen or over;
     (2) Annual checkups for prostate cancer in men age fifty and over;
     (3) Annual screening for kidney disease as determined to be medically necessary by a physician using any combination of blood
pressure testing, urine albumin or urine protein testing and serum creatinine testing as recommended by the National Kidney Foundation;
     (4) For plans that include maternity benefits, coverage for inpatient care in a duly licensed health care facility for a mother and her newly born infant for the length of time which the attending physician considers medically necessary for the mother or her newly born child. ~~Provided,~~ ~~That no~~ No plan may deny payment for a mother or her newborn child prior to forty-eight hours following a vaginal delivery or prior to ninety-six hours following a caesarean section delivery if the attending physician considers discharge medically inappropriate;
     (5) For plans which provide coverages for post-delivery care to a mother and her newly born child in the home, coverage for inpatient care following childbirth as provided in subdivision (4) of this subsection if inpatient care is determined to be medically necessary by the attending physician. ~~Those~~ These plans may ~~also~~ include, among other things, medicines, medical equipment, prosthetic appliances and any other inpatient and outpatient services and expenses considered appropriate and desirable by the agency; and
     (6) Coverage for treatment of serious mental illness:
     (A) The coverage does not include custodial care, residential care or schooling. For purposes of this section, "serious mental illness" means an illness included in the American Psychiatric Association's diagnostic and statistical manual of mental disorders, as periodically revised, under the diagnostic categories or subclassifications of: (i) Schizophrenia and other psychotic disorders; (ii) bipolar disorders; (iii) depressive disorders; (iv) substance-related disorders with the exception of caffeine-related disorders and nicotine-related disorders; (v) anxiety disorders; and (vi) anorexia and bulimia. With regard to ~~any~~ a covered individual who has not yet attained the age of nineteen years, "serious mental illness" also includes attention deficit hyperactivity disorder, separation anxiety disorder and conduct disorder.
     (B) Notwithstanding any other provision in this section to the contrary, ~~in the event that the agency can demonstrate~~ if the agency demonstrates that its total costs for the treatment of mental illness for any plan ~~exceeded~~ exceeds two percent of the total costs for such plan in any experience period, then the agency may apply whatever additional cost-containment measures may be necessary ~~including, but not limited to, limitations on inpatient and outpatient benefits, to maintain costs below two percent of the total costs for the plan for the next experience period.~~ in order to maintain costs below two percent of the total costs for the plan for the next experience period. These measures may include, but are not limited to, limitations on inpatient and outpatient benefits.
     (C) The agency shall not discriminate between medical-surgical benefits and mental health benefits in the administration of its plan. With regard to both medical-surgical and mental health benefits, it may make determinations of medical necessity and appropriateness and it may use recognized health care quality and cost management tools including, but not limited to, limitations on inpatient and outpatient benefits, utilization review, implementation of cost-containment measures, preauthorization for certain treatments, setting coverage levels, setting maximum number of visits within certain time periods, using capitated benefit arrangements, using fee-for-service arrangements, using third-party administrators, using provider networks and using patient cost sharing in the form of copayments, deductibles and coinsurance.
     (7) Coverage for general anesthesia for dental procedures and associated outpatient hospital or ambulatory facility charges provided by appropriately licensed health care individuals in conjunction with dental care if the covered person is:
     (A) Seven years of age or younger or is developmentally disabled and is an individual for whom a successful result cannot be expected from dental care provided under local anesthesia because of a physical, intellectual or other medically compromising condition of the individual and for whom a superior result can be expected from dental care provided under general anesthesia;
     (B) A child who is twelve years of age or younger with documented phobias or with documented mental illness and with dental needs of such magnitude that treatment should not be delayed or deferred and for whom lack of treatment can be expected to result in infection, loss of teeth or other increased oral or dental morbidity and for whom a successful result cannot be expected from dental care provided under local anesthesia because of such condition and for whom a superior result can be expected from dental care provided under general anesthesia.
     (8) (A) Any plan issued or renewed on or after January 1, 2012 shall include coverage for diagnosis, evaluation and treatment of autism spectrum disorder in individuals ages eighteen months to eighteen years. To be eligible for coverage and benefits under this subdivision, the individual must be diagnosed with autism spectrum disorder at age eight or younger. Such ~~policy~~ plan shall provide coverage for treatments that are medically necessary and ordered or prescribed by a licensed physician or licensed psychologist and in accordance with a treatment plan developed from a comprehensive evaluation by a certified behavior analyst for an individual diagnosed with autism spectrum disorder.
     (B) The coverage shall include, but not be limited to, applied behavior analysis ~~Applied behavior analysis~~ which shall be provided or supervised by a certified behavior analyst. The annual maximum benefit for applied behavior analysis required by this subdivision shall be in an amount not to exceed $30,000 per individual for three consecutive years from the date treatment commences. At the conclusion of the third year, coverage for applied behavior analysis required by this subdivision shall be in an amount not to exceed $2,000 per month, until the individual reaches eighteen years of age, as long as the treatment is medically necessary and in accordance with a treatment plan developed by a certified behavior analyst pursuant to a comprehensive evaluation or reevaluation of the individual. This subdivision ~~shall not be construed as limiting, replacing or affecting~~ does not limit, replace or affect any obligation to provide services to an individual under the Individuals with Disabilities Education Act, 20 U. S. C. 1400 et seq., as amended from time to time or other publicly funded programs. Nothing in this subdivision ~~shall be construed as requiring~~ requires reimbursement for services provided by public school personnel.
     (C) The certified behavior analyst shall file progress reports with the agency semiannually. In order for treatment to continue, the agency must receive objective evidence or a clinically supportable statement of expectation that:
     (i) The individual's condition is improving in response to treatment; ~~and~~
     (ii) A maximum improvement is yet to be attained; and
     (iii) There is an expectation that the anticipated improvement is attainable in a reasonable and generally predictable period of time.
     (D) On or before January 1 each year, the agency shall file an annual report with the Joint Committee on Government and Finance describing its implementation of the coverage provided pursuant to this subdivision. The report shall include, but ~~shall~~ not be limited to, the number of individuals in the plan utilizing the coverage required by this subdivision, the fiscal and administrative impact of the implementation and any recommendations the agency may have as to changes in law or policy related to the coverage provided under this subdivision. In addition, the agency shall provide such other information as ~~may be~~ required by the Joint Committee on Government and Finance as it may ~~from time to time~~ request.
     (E) For purposes of this subdivision, the term:
     (i) "Applied behavior analysis" means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences in order to produce socially significant improvement in human behavior ~~including~~ and includes the use of direct observation, measurement and functional analysis of the relationship between environment and behavior.
     (ii) "Autism spectrum disorder" means any pervasive developmental disorder including autistic disorder, Asperger's Syndrome, Rett Syndrome, childhood disintegrative disorder or Pervasive Development Disorder as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.
     (iii) "Certified behavior analyst" means an individual who is certified by the Behavior Analyst Certification Board or certified by a similar nationally recognized organization.
     (iv) "Objective evidence" means standardized patient assessment instruments, outcome measurements tools or measurable assessments of functional outcome. Use of objective measures at the beginning of treatment, during and after treatment is recommended to quantify progress and support justifications for continued treatment. The tools are not required but their use will enhance the justification for continued treatment.
     (F) To the extent that the application of this subdivision for autism spectrum disorder causes an increase of at least one percent of actual total costs of coverage for the plan year, the agency may apply additional cost containment measures.
     (G) To the extent that the provisions of this subdivision require benefits that exceed the essential health benefits specified under section 1302(b) of the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as amended, the specific benefits that exceed the specified essential health benefits shall not be required of insurance plans offered by the Public Employees Insurance Agency.
     (9) For plans that include maternity benefits, coverage for the same maternity benefits for all individuals participating in or receiving coverage under plans that are issued or renewed on or after January 1, 2014: Provided, That to the extent that the provisions of this subdivision require benefits that exceed the essential health benefits specified under Section 1302(b) of the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as amended, the specific benefits that exceed the specified essential health benefits shall not be required of a health benefit plan when the plan is offered in this state.
     (b) The agency shall, with full authorization, make available to each eligible employee, at full cost to the employee, the opportunity to purchase optional group life and accidental death insurance as established under the rules of the agency. In addition, each employee is entitled to have his or her spouse and dependents, as defined by the rules of the agency, included in the optional coverage, at full cost to the employee, for each eligible dependent. ~~and with full authorization to the agency to make the optional coverage available and provide an opportunity of purchase to each employee.~~
     (c) The finance board may cause to be separately rated for claims experience purposes:
     (1) All employees of the State of West Virginia;
     (2) All teaching and professional employees of state public institutions of higher education and county boards of education;
     (3) All nonteaching employees of the Higher Education Policy Commission, West Virginia Council for Community and Technical College Education and county boards of education; or
     (4) Any other categorization which would ensure the stability of the overall program.
     (d) The agency shall maintain the medical and prescription drug coverage for Medicare eligible retirees by providing coverage through one of the existing plans or by enrolling the Medicare eligible retired employees into a Medicare specific plan, including, but not limited to, the Medicare/Advantage Prescription Drug Plan. ~~In the event that~~ If a Medicare specific plan ~~would no longer be~~ is no longer available or advantageous for the agency and the retirees, the retirees ~~shall~~ remain eligible for coverage through the agency.
CHAPTER 33. INSURANCE.
ARTICLE 15. ACCIDENT AND SICKNESS INSURANCE.
§33-15-4k. Maternity coverage.
     Notwithstanding any provision of any policy, provision, contract, plan or agreement applicable to this article, any health insurance policy subject to this article, issued or renewed on or after January 1, 2014, which provides health insurance coverage for maternity services, shall provide coverage for maternity services for all persons participating in or receiving coverage under the policy. To the extent that the provisions of this section require benefits that exceed the essential health benefits specified under Section 1302(b) of the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as amended, the specific benefits that exceed the specified essential health benefits are not required of a health benefit plan when the plan is offered by a health care insurer in this state. Coverage required under this section may not be subject to exclusions or limitations which are not applied to other maternity coverage under the policy.
ARTICLE 16. GROUP ACCIDENT AND SICKNESS INSURANCE.
§33-16-3w. Maternity coverage.
     Notwithstanding any provision of any policy, provision, contract, plan or agreement applicable to this article, any health insurance policy subject to this article, issued or renewed on or after January 1, 2014, which provides health insurance coverage for maternity services, shall provide coverage for maternity services for all persons participating in, or receiving coverage under the policy. To the extent that the provisions of this section require benefits that exceed the essential health benefits specified under Section 1302(b) of the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as amended, the specific benefits that exceed the specified essential health benefits are not required of a health benefit plan when the plan is offered by a health care insurer in this state. Coverage required under this section may not be subject to exclusions or limitations which are not applied to other maternity coverage under the policy.
ARTICLE 24. HOSPITAL MEDICAL AND DENTAL CORPORATIONS.
§33-24-7l. Maternity coverage.
     Notwithstanding any provision of any policy, provision, contract, plan or agreement applicable to this article, a health insurance policy subject to this article, issued or renewed on or after January 1, 2014, which provides health insurance coverage for maternity services, shall provide coverage for maternity services for all persons participating in, or receiving coverage under the policy. To the extent that the provisions of this section require benefits that exceed the essential health benefits specified under Section 1302(b) of the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as amended, the specific benefits that exceed the specified essential health benefits are not required of a health benefit plan when the plan is offered by a health care insurer in this state. Coverage required under this section may not be subject to exclusions or limitations which are not applied to other maternity coverage under the policy.
ARTICLE 25. HEALTH CARE CORPORATION.
§33-25-8i. Maternity coverage.
     Notwithstanding any provision of any policy, provision, contract, plan or agreement applicable to this article, a health insurance policy subject to this article, issued or renewed on or after January 1, 2014, which provides health insurance coverage for maternity services, shall provide coverage for maternity services for all persons participating in, or receiving coverage under the policy. To the extent that the provisions of this section require benefits that exceed the essential health benefits specified under Section 1302(b) of the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as amended, the specific benefits that exceed the specified essential health benefits are not required of a health benefit plan when the plan is offered by a health care insurer in this state. Coverage required under this section may not be subject to exclusions or limitations which are not applied to other maternity coverage under the policy.
ARTICLE 25A. HEALTH MAINTENANCE ORGANIZATION ACT.
§33-25A-8k. Maternity coverage.
     Notwithstanding any provision of any policy, provision, contract, plan or agreement applicable to this article, a health insurance policy subject to this article, issued or renewed on or after January 1, 2014, which provides health insurance coverage for maternity services, shall provide coverage for maternity services for all persons participating in, or receiving coverage under the policy. To the extent that the provisions of this section require benefits that exceed the essential health benefits specified under Section 1302(b) of the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as amended, the specific benefits that exceed the specified essential health benefits are not required of a health benefit plan when the plan is offered by a health care insurer in this state. Coverage required under this section may not be subject to exclusions or limitations which are not applied to other maternity coverage under the policy.;
     And,
     By striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for Senate Bill No. 22--A Bill to amend and reenact §5-16-7 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-15-4k; to amend said code by adding thereto a new section, designated §33-16-3w; to amend said code by adding thereto a new section, designated §33-24-7l; to amend said code by adding thereto a new section, designated §33-25-8i; and to amend said code by adding thereto a new section, designated §33-25A-8k, all relating generally to requiring health insurance coverage of maternity services in certain circumstances; providing maternity services for all individuals participating in or receiving insurance coverage under a health insurance policy or plan if those services are covered under the policy or plan; modifying required benefits for public employees insurance, accident and sickness insurance, group accident and sickness insurance, hospital medical and dental corporations, health care corporations and health maintenance organizations; and providing exceptions to the extent that required benefits exceed the essential health benefits specified under the Patient Protection and Affordable Care Act.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Committee Substitute for Senate Bill No. 22, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 22) passed with its House of Delegates amended title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Com. Sub. for Senate Bill No. 74, Relating to jury service qualification.
     A message from The Clerk of the House of Delegates announced the amendment by that body, to take effect July 1, 2013, and requested the concurrence of the Senate in the House of Delegates amendment, as to
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 101, Clarifying Medical Professional Liability Act applies to nursing homes and their health care providers.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendment to the bill was reported by the Clerk:
     On page seven, section fifteen, line one hundred three, after "2013." by inserting the following: The amendments to this section in 2013 are not in any way intended to modify, change, expand or contract the Medical Professional Liability Act.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
     Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 101, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 101) passed with its title.
     Senator Unger moved that the bill take effect July 1, 2013.
     On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 101) takes effect July 1, 2013.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Com. Sub. for Senate Bill No. 103, Creating WV Commuter Rail Access Act.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendments to the bill were reported by the Clerk:
     By striking out everything after the enacting clause and inserting in lieu thereof the following:
     That §29-18-3 and §29-18-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §29-18-24, all to read as follows:
ARTICLE 18. WEST VIRGINIA STATE RAIL AUTHORITY.
§29-18-3. Definitions.
     As used in this article unless the context clearly requires a different meaning:
     (1) "Authority" means the West Virginia ~~railroad maintenance~~ State Rail Authority created by this article, the duties, powers, responsibilities and functions of which are specified in this article.
     (2) "Bond" or "~~railroad maintenance~~ State Rail Authority bond" means a revenue bond or rate issued by the ~~railroad maintenance~~ State Rail Authority to effectuate the intents and purposes of this article.
     ~~(3) "Railroad" means a common carrier by railroad as defined in section 1(3) of Part I of the Interstate Commerce Act (49 U. S. C. (1) 3).~~
     (4) "Owner" means and includes all individuals, copartnerships, associations, corporations, companies, transportation companies, public service corporations, the United States or any agency or instrumentality thereof, common carriers by rail and railroad companies having any title or interest in any rail properties authorized to be acquired, leased or used by this article.
     ~~(5) "Income" means and includes all money accruing to the authority from any source.~~
     ~~(6) "Person" means individuals, corporations, partnerships or foreign and domestic associations, including railroads.~~
     (3) "Commuter rail" means a transit mode that is an electric or diesel propelled railway for urban passenger train service consisting of local short distance travel operating between a central city and adjacent suburbs. Service must be operated on a regular basis by or under contract with a transit operator for the purpose of transporting passengers within urbanized areas or between urbanized areas and outlying areas. The rail service, using either locomotive hauled or self-propelled railroad passenger cars, is generally characterized by multitrip tickets, specific station to station fares or railroad employment practices and usually has only one or two stations in the central business district. It does not include heavy rail rapid transit or light rail/streetcar transit service. Intercity rail service is excluded except for that portion of service operated by or under contract with a public transit agency for predominantly commuter services. Only the predominantly commuter service portion of an intercity route is eligible for inclusion when determining commuter rail route miles.
_____(4) "Heavy rail" means a transit mode that is an electric railway with the capacity for a heavy volume of traffic. It is characterized by high speed and rapid acceleration passenger rail cars operating singly or in multicar trains on fixed rails, separate rights-of-way from which all other vehicular and foot traffic are excluded, sophisticated signaling and high platform loading.
_____(5) "Income" means and includes all money accruing to the authority from any source.
_____(6) "Light rail" means a transit mode that typically is an electric railway with a light volume traffic capacity compared to heavy rail. It is characterized by passenger rail cars operating singly or in short, usually two-car, trains, on fixed rails in shared or exclusive rights-of-way, low or high platform loading and vehicle power drawn from an overhead electric line via a trolley or a pantograph.
_____(7) "Owner" means and includes all individuals, copartnerships, associations, corporations, companies, transportation companies, public service corporations, the United States or any agency or instrumentality thereof, common carriers by rail and railroad companies having any title or interest in any rail properties authorized to be acquired, leased or used by this article.
_____(8) "Person" means individuals, corporations, partnerships or foreign and domestic associations, including railroads.
_____(9) "Predominantly commuter services" means that for any given trip segment (i.e., distance between two stations), more than fifty percent of the average daily ridership travels on the train at least three times a week.
_____~~(7)~~ (10) "Rail properties" means assets or rights owned, leased, or otherwise controlled by a railroad or other person which are used, or useful, in rail transportation service: Provided, That rail properties does not include any properties owned, leased, or otherwise controlled by a railroad not in reorganization, unless it consents to such properties' inclusion in the particular transaction.
     ~~(8)~~ (11) "Rail service" means both freight and passenger service.
     (12) "Railroad" means a common carrier by railroad as defined in Section 1(3) of Part I of the Interstate Commerce Act (49 U. S. C. (1) 3).
_____~~(9)~~ (13) "Railroad project" means the initiation, acquisition, construction, maintenance, repair, equipping or operation of rail properties or rail service, or the provisions of loans or grants to or with government agencies, or to persons for such purposes, by the authority.
§29-18-6. Powers, duties and responsibilities of authority generally.
     The West Virginia State Rail Authority is hereby granted, has and may exercise all powers necessary or appropriate to carry out and effectuate its corporate purpose.
     (a) The authority may:
     (1) Adopt and, from time to time, amend and repeal bylaws necessary and proper for the regulation of its affairs and the conduct of its business and propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement and make effective its powers and duties.
     (2) Adopt an official seal.
     (3) Maintain a principal office and, if necessary, regional suboffices at locations properly designated or provided.
     (4) Sue and be sued in its own name and plead and be impleaded in its own name and particularly to enforce the obligations and covenants made under sections ten, eleven and sixteen of this article. Any actions against the authority shall be brought in the circuit court of Kanawha County. The location of the principal office of the authority shall be determined by the Governor.
     (5) Make loans and grants to governmental agencies and persons for carrying out railroad projects by any governmental agency or person and, in accordance with chapter twenty-nine-a of this code, propose rules for legislative approval and procedures for making such loans and grants.
     (6) Acquire, construct, reconstruct, enlarge, improve, furnish, equip, maintain, repair, operate, lease or rent to or contract for operation by a governmental agency or person, railroad projects and, in accordance with chapter twenty-nine-a of this code, propose legislative rules for the use of these projects.
     (7) Make available the use or services of any railroad project to one or more persons, one or more governmental agencies or any combination thereof.
     (8) Issue ~~Railroad Maintenance~~ State Rail Authority bonds and notes and refunding bonds of the state, payable solely from revenues as provided in section ten of this article unless the bonds are refunded by refunding bonds for the purpose of paying any part of the cost of one or more railroad projects or parts thereof.
     (9) Acquire, by gift or purchase, hold and dispose of real and personal property in the exercise of its powers and the performance of its duties as set forth in this article.
     (10) Acquire in the name of the state, by purchase or otherwise, on terms and in the manner it considers proper, or by the exercise of the right of eminent domain in the manner provided in chapter fifty-four of this code, rail properties and appurtenant rights and interests necessary for carrying out railroad projects.
     (11) (A) Make and enter into all contracts and agreements and execute all instruments necessary or incidental to the performance of its duties and the execution of its powers including, but not limited to, the power to make contracts and agreements in accordance with the provisions set forth in paragraph (B) of this subdivision.
     (B) Make and enter into contracts and agreements to acquire rolling stock or equipment with a value of $500,000 or less exempt from the provisions of article three, chapter five-a of this code.
     The authority shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code which set forth the methods for determining value of rolling stock or equipment to be purchased in accordance with the provisions of paragraph (B) of this subdivision.
     (C) Where rolling stock, equipment or trackage of the authority is in need of immediate maintenance, repair or reconstruction in order to avoid a cessation of its operations, economic loss, the inability to provide essential service to customers or danger to authority personnel or the public, the following requirements and procedures for entering into the contract or agreement to remedy the condition shall be in lieu of those provided in article three, chapter five-a of this code or any legislative rule promulgated pursuant thereto:
     (i) If the cost under the contract or agreement involves an expenditure of more than $1,000, but $10,000 or less, the authority shall award the contract to or enter into the agreement with the lowest responsible bidder based upon at least three oral bids made pursuant to the requirements of the contract or agreement.
     (ii) If the cost under the contract or agreement, other than one for compensation for personal services, involves an expenditure of more than $10,000, but $100,000 or less, the authority shall award the contract to or enter into the agreement with the lowest responsible bidder based upon at least three bids, submitted to the authority in writing on letterhead stationery, made pursuant to the requirements of the contract or agreement.
     (D) Notwithstanding any other provision of this code to the contrary, a contract or lease for the operation of a railroad project constructed and owned by the authority or an agreement for cooperation in the acquisition or construction of a railroad project pursuant to section sixteen of this article is not subject to the provisions of article three, chapter five-a of this code or any legislative rule promulgated pursuant thereto and the authority may enter into the contract or lease or the agreement pursuant to negotiation and upon such terms and conditions and for a period of time as it finds to be reasonable and proper under the circumstances and in the best interests of proper operation or of efficient acquisition or construction of the railroad project.
     (E) The authority may reject any and all bids. A bond with good and sufficient surety, approved by the authority, is required of all contractors in an amount equal to at least fifty percent of the contract price, conditioned upon the faithful performance of the contract.
     (12) Appoint a director and employ managers, superintendents and other employees and retain or contract with consulting engineers, financial consultants, accountants, attorneys and other consultants and independent contractors as are necessary in its judgment to carry out the provisions of this article and fix the compensation or fees thereof. All expenses thereof are payable from the proceeds of ~~Railroad Maintenance~~ State Rail Authority revenue bonds or notes issued by the authority, from revenues and funds appropriated for this purpose by the Legislature or from grants from the federal government which may be used for such purpose.
     (13) Receive and accept from any state or federal agency grants for or in aid of the construction of any railroad project or for research and development with respect to railroads and receive and accept aid or contributions from any source of money, property, labor or other things of value, to be held, used and applied only for the purposes for which the grants and contributions are made.
     (14) Engage in research and development with respect to railroads.
     (15) Purchase fire and extended coverage and liability insurance for any railroad project and for the principal office and suboffices of the authority, insurance protecting the authority and its officers and employees against liability, if any, for damage to property or injury to or death of persons arising from its operations and be a member of, and to participate in, the state workers' compensation program.
     (16) Charge, alter and collect rates, rentals and other charges for the use or services of any railroad project as provided in this article.
     (17) Do all acts necessary and proper to carry out the powers expressly granted to the authority in this article.
     (b) In addition, the authority has the power to:
     (1) Acquire rail properties both within and not within the jurisdiction of the Interstate Commerce Commission and rail properties within the purview of the federal Regional Rail Reorganization Act of 1973, any amendments to it and any other relevant federal legislation.
     (2) Enter into agreements with owners of rail properties for the acquisition of rail properties or use, or both, of rail properties upon the terms, conditions, rates or rentals that can best effectuate the purposes of this article.
     (3) Acquire rail properties and other property of a railroad in concert with another state or states as is necessary to ensure continued rail service in this state.
     (4) Administer and coordinate the state plan.
     (5) Provide in the state plan for the equitable distribution of federal rail service continuation subsidies among state, local and regional transportation authorities.
     (6) Promote, supervise and support safe, adequate and efficient rail services.
     (7) Employ sufficiently trained and qualified personnel for these purposes.
     (8) Maintain adequate programs of investigation, research, promotion and development in connection with the purposes and to provide for public participation therein.
     (9) Provide satisfactory assurances on behalf of the state that fiscal control and fund accounting procedures will be adopted by the state necessary to assure proper disbursement of and accounting for federal funds paid to the state as rail service continuation subsidies.
     (10) Comply with the regulations of the Secretary of Transportation of the United States Department of Transportation affecting federal rail service continuation programs.
     (11) Do all things otherwise necessary to maximize federal assistance to the state under Title IV of the federal Regional Rail Reorganization Act of 1973 and to qualify for rail service continuation subsidies pursuant to the federal Regional Rail Reorganization Act of 1973.
     (c) Additional authority in regard to the Maryland Area Regional Commuter.
     (1) The Rail Authority is hereby granted, has and may exercise all aforementioned powers necessary or appropriate to coordinate all activities with the Maryland Transit Administration to assure the continued operation of the Maryland Area Regional Commuter into the eastern panhandle of the state.
     (2) In addition to the authority provided in subdivision (1) of this subsection, the Rail Authority shall negotiate agreements with the State of Maryland or the Maryland Transit Administration for the continued operation of the commuter rail operation between Maryland and the Washington, D. C., metropolitan area and West Virginia. A commuter rail operation agreement shall provide for quantity and quality of commuter rail service, including certain minimum daily service at least equivalent to the level service on the effective date of the amendments to this subsection enacted in the Regular Session of the Legislature 2013, unless daily ridership diminishes significantly from said date. The agreement may provide for the payment of track access fees attributed to commuter rail operation within the boundaries of the state. Any payments of track access fees pursuant to the agreement shall be paid from the special fund created in section twenty-four of this article as provided by appropriation of the Legislature.
§29-18-24. Creation of the West Virginia Commuter Rail Access Fund.
     There is hereby established a special fund in the State Treasury known as the West Virginia Commuter Rail Access Fund. The fund shall be administered by the Director and shall consist of appropriations by the Legislature. Subject to Legislative appropriation, the Director shall administer the fund to pay track access fees pursuant to the agreement required by section six of this article. Balances in the fund at the end of any fiscal year shall not expire, but shall be expended for those purposes in ensuing fiscal years.;
     And,
     By striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for Senate Bill No. 103--A Bill to amend and reenact §29-18-3 and §29-18-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §29-18-24, all relating to commuter rail access in West Virginia; providing authority for the State Rail Authority to negotiate an agreement with the State of Maryland for operation of commuter rail in West Virginia; providing terms of minimum daily service requirements in the agreement; providing for the payment of track access fees pursuant to the agreement; and creating a special fund to pay track access fees.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Committee Substitute for Senate Bill No. 103, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 103) passed with its House of Delegates amended title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Com. Sub. for Senate Bill No. 146, Collecting unpaid magistrate court charges through income tax refund withholding.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendments to the bill were reported by the Clerk:
     By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 3. COSTS, FINES AND RECORDS.
§50-3-2c. Withholding from personal income tax refunds for unpaid fines and costs in magistrate criminal actions, in magistrate criminal appeals to circuit court and for failure to appear in court.
     (a) If costs, fines, fees, forfeitures, restitution or penalties imposed by the magistrate court upon conviction of a person for a criminal offense as defined by this code, imposed by the circuit court upon judgment on an appeal to circuit court of that conviction, or imposed by either court for failure to appear are not paid in full within one year of the judgment, the magistrate court clerk or, upon a judgment rendered on appeal, the circuit clerk shall notify the Tax Commissioner that the defendant has failed to pay the costs, fines, forfeitures or penalties assessed by the court. The notice provided by the magistrate clerk or the circuit clerk to the Tax Commissioner must include the defendant's Social Security number. The Tax Commissioner, or his or her designee, shall withhold from any personal income tax refund due and owing to a defendant the costs, fines, fees, forfeitures, restitution or penalties due, the Tax Commissioner's administration fee for the withholding and any and all fees or other amounts that the magistrate court and the circuit court would have collected had the defendant appeared: Provided, That no withholding shall be made under this section if there is an unsatisfied withholding request made pursuant to section two-b, article ten, chapter eight of this code. The Tax Commissioner's administration fee shall not exceed $25, unless this maximum amount is increased by legislative rule promulgated in accordance with article three, chapter twenty- nine-a of this code. The administrative fees deducted shall be deposited in the special revolving fund hereby created in the State Treasury, which shall be designated as the Magistrate Fines and Fees Collection Fund, and the Tax Commissioner shall make such expenditures from the fund as he or she deems appropriate for the administration of this subsection.
     (b) (1) After deduction of the Tax Commissioner's administration fee, the Tax Commissioner shall remit all remaining amounts withheld pursuant to this section to the clerk of the court that notified the Tax Commissioner of the failure to pay under subsection (a) of this section.
     (2) From the amounts received from the Tax Commissioner, the circuit clerk shall distribute the portion thereof that is attributable to costs, fines, fees, forfeitures, restitution or penalties owed to magistrate court to the magistrate clerk and distribute the remainder that is attributable to costs, fines, fees, forfeitures, restitution or penalties owed to circuit court to the appropriate fund or payee, as applicable and listed in section twenty-eight-a, article one, chapter fifty-nine of this code and as otherwise required by law.
     (3) From the amounts received from the Tax Commissioner, or from the circuit clerk under subdivision (2) of this subsection, the magistrate clerk shall distribute applicable costs, fines, fees, forfeitures, restitution or penalties owed to the appropriate fund or payee, as applicable and listed in subsection (g), section two-a of this article and as otherwise required by law.
     (4) After the costs, fines, fees, forfeitures, restitution or penalties are withheld, the Tax Commissioner shall refund any remaining balance due the defendant.
     (5) If the refund is not sufficient to cover all the costs, fines, fees, forfeitures, restitution or penalties to be withheld pursuant to this section, the Tax Commissioner's administration fee shall be retained by the Tax Commissioner and the remaining money withheld shall be remitted by the Tax Commissioner to the appropriate clerk. The clerk shall then allocate the money so remitted on a pro rata basis as provided in the applicable provisions of subdivision (2) or (3) of this subsection.
     (c) In the event the costs, fines, fees, forfeitures, restitution or penalties exceed the defendant's income tax refund, the Tax Commissioner shall withhold the remaining balance in subsequent years until such time as the costs, fines, fees, forfeitures, restitution or penalties owed are paid in full. The Tax Commissioner shall remit the moneys that he or she collects to the appropriate clerk no later than July 1 of each year. If the circuit court or the magistrate court subsequently determines that any costs, fines, fees, forfeitures, restitution or penalties were erroneously imposed, the clerk of the court shall promptly notify the Tax Commissioner. If the amounts due are paid in full to the court from a source other than the Tax Commissioner after the clerk of the court has provided notice of the failure to pay to the tax commissioner, the clerk of the court shall promptly notify the Tax Commissioner of the payment. If the refunds have not been withheld and remitted, the Tax Commissioner may not withhold and remit payment to the appropriate court and shall so inform the clerk of the court. If the refunds have already been withheld and remitted to the court, the Tax Commissioner shall so inform the clerk of the court. In either event, all refunds for erroneously imposed costs, fines, forfeitures or penalties shall be made by the appropriate court and not by the Tax Commissioner.
     (d) Rules. -- The Tax Commissioner may propose for legislative approval such rules as may be useful or necessary to carry out the purpose of this section and to implement the intent of the Legislature. Rules shall be promulgated in accordance with article three, chapter twenty-nine-a of this code.;
     And,
     By striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for Senate Bill No. 146--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §50-3-2c, relating to requiring the Tax Commissioner to withhold unpaid costs, fines, fees, forfeitures, restitution, penalties and other fees imposed on a defendant in a criminal action in magistrate court, or imposed in circuit court in a criminal action on appeal from magistrate court, from the income tax refund of the defendant upon notification from the clerk of the appropriate court; requiring clerk to give notification to Tax Commissioner if amounts are unpaid within one year of judgment; providing a process for deducting, distributing and allocating those unpaid amounts; creating the Magistrate Fines and Fees Collection Fund; permitting the Tax Commissioner to charge an administrative fee; and providing rule-making authority.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Committee Substitute for Senate Bill No. 146, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 146) passed with its House of Delegates amended title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 185, Relating to alternative-fuel motor vehicles and qualified refueling infrastructure tax credits.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect July 1, 2013, of
     Eng. Senate Bill No. 190, Relating to public-private transportation projects funding.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendment, as to
     Eng. Com. Sub. for Senate Bill No. 335, Permitting certain hospitals exemption from certificate of need.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendment to the bill was reported by the Clerk:
     On pages ten and eleven, section four, lines one hundred sixty-nine through one hundred seventy-five, by striking out all of subdivision (1) and inserting in lieu thereof a new subdivision, designated subdivision (1), to read as follows:
     (1) (A) The ambulatory health care facility is located in the same county as the hospital; or
     (B) The ambulatory health care facility is located in the same zip code as the hospital, and the hospital is located in a zip code that crosses a county line, the hospital is the only hospital in the county, the hospital is located less than one-half mile from the county line in which it is located and the hospital is located less than one mile from a state bordering West Virginia;.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
     Engrossed Committee Substitute for Senate Bill No. 335, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 335) passed with its title.
     Senator Unger moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 335) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 336, Relating to interscholastic athletics concussions and head injuries.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendments to the bill were reported by the Clerk:
     By striking out everything after the enacting clause and inserting in lieu thereof the following:
     That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18-2-25a, to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-25a. Management of concussions and head injuries in athletics at West Virginia Secondary School Activities Commission member high school or middle school.
     (a) The Legislature makes the following findings:
     (1) Concussions are one of the most commonly reported injuries in children and adolescents who participate in sports and recreational activities. The Centers for Disease Control and Prevention estimates that as many as 3.9 million sports-related and recreation-related concussions occur in the United States each year;
     (2) A concussion is caused by a blow or motion to the head or body that causes the brain to move rapidly inside the skull. The risk of catastrophic injuries or death is significant when a concussion or head injury is not properly evaluated and managed;
     (3) Concussions are a type of brain injury that can range from mild to severe and can disrupt the way the brain normally functions;
     (4) Concussions can occur in any organized or unorganized sport or recreational activity and can result from a fall or from players colliding with each other or with obstacles;
     (5) Concussions occur with or without loss of consciousness, but the vast majority occur without loss of consciousness;
     (6) The interscholastic athlete who continues to play or practice with a concussion or symptoms of head injury is especially vulnerable to greater injury and even death; and
     (7) Even with generally recognized return-to-play-and-practice standards for concussion and head injury, some affected interscholastic athletes are prematurely returned to play or practice resulting in increased risk of physical injury or death to the athletes in the State of West Virginia.
     (b) For the purposes of this section, "interscholastic athlete" means any athlete who is participating in interscholastic athletics at a high school or middle school that is a member of the West Virginia Secondary School Activities Commission. "Licensed health care professional" means a health care provider whose licensed scope of practice includes the ability to diagnose and treat an injury or disease.
     (c) The West Virginia Secondary School Activities Commission shall promulgate rules pursuant to section twenty-five of this article that address concussions and head injuries in interscholastic athletes: Provided, That prior to state board approval and notwithstanding the exemption provided in section three, article one, chapter twenty-nine-a of this code, the state board shall submit the rule to the Legislative Oversight Commission on Education Accountability pursuant to section nine, article three-b, chapter twenty-nine-a of this code.
     (d) The rules required by this section shall include, but are not limited to, the following:
     (1) Guidelines and other pertinent information to inform and educate appropriate school administrators, coaches, interscholastic athletes and their parents or guardians of the nature and risk of concussion and head injury, including the risks of continuing to play or practice after a concussion or head injury;
     (2) A concussion and head injury information sheet that shall be signed and returned by the interscholastic athlete and the athlete's parent or guardian on an annual basis before the interscholastic athlete begins practice or competition;
     (3) A requirement that each head coach of an interscholastic sport at a high school or middle school who is a member of the West Virginia Secondary School Activities Commission complete a commission-approved concussion and head injury recognition and return-to-play protocol course annually;
     (4) A requirement that an interscholastic athlete who is suspected by a licensed health care professional or by his or her head coach or athletic trainer of having sustained a concussion or head injury in a practice or game shall be removed from competition at that time;
     (5) A requirement that an interscholastic athlete who has been removed from play or practice may not return to play or practice until the athlete is evaluated by a licensed health care professional trained in the evaluation and management of concussions and receives written clearance to return to play and practice from the licensed health care professional;
     (6) A list of the respective categories of licensed health care professionals who, if properly trained in the evaluation and management of concussions, are authorized to provide written clearance for the interscholastic athlete to return to play; and
          (7) A requirement that all member schools must submit a report to the West Virginia Secondary School Activities Commission within thirty days of an interscholastic athlete suffering or being suspected of suffering a concussion or head injury in a practice or game. The report must state whether an evaluation by a licensed health care professional verified that a concussion or head injury was actually suffered, whether the athlete received written clearance to return to play or practice and, if written clearance was given, the number of days between the incident and the actual return to play or practice. If written clearance to return to play is given after thirty days of the incident, a report update shall be submitted. The West Virginia Secondary School Activities Commission shall compile and submit the reports to the appropriate state and national organization or agencies to analyze and make determinations on whether the rule required by this section needs to be amended or if equipment worn by interscholastic athlete needs to be changed accordingly.;
          And,
          By striking out the title and substituting therefor a new title, to read as follows:
          Eng. Com. Sub. for Com. Sub. for Senate Bill No. 336--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-25a, relating to establishing protocols and protections to limit and treat injury to youth athletes and students; making legislative findings with respect to concussions and athletic endeavors; defining certain terms; requiring certain rules; and setting forth certain minimum provisions of rules.
          On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
          Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 336, as amended by the House of Delegates, was then put upon its passage.
          On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
          The nays were: None.
          Absent: None.
          So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 336) passed with its House of Delegates amended title.
          Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
          A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect July 1, 2013, and requested the concurrence of the Senate in the House of Delegates amendments, as to
          Eng. Senate Bill No. 394, Relating to scholarships for dependent children of state troopers who die in performance of duty.
          On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
          The following House of Delegates amendments to the bill were reported by the Clerk:
          By striking out everything after the enacting clause and inserting in lieu thereof the following:
          That §5-10-27 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §7-14D-20 of said code be amended and reenacted; that §8-22A-22 of said code be amended and reenacted; that §15-2-33 of said code be amended and reenacted; and that §15-2A-12 of said code be amended and reenacted, all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.
§5-10-27. Preretirement death annuities.
          (a) (1) Except as otherwise provided in this section, in the event any member who has ten or more years of credited service or any former member with ten or more years of credited service and who is entitled to a deferred annuity, pursuant to section twenty- one of this article, may at any time prior to the effective date of his or her retirement, by written declaration duly executed and filed with the board of trustees, in the same manner as if he or she were then retiring from the employ of a participating public employer, elect option A provided in section twenty-four of this article and nominate a beneficiary whom the board finds to have had an insurable interest in the life of the member. Prior to the effective date of his or her retirement, a member may revoke his or her election of option A and nomination of beneficiary and he or she may again prior to his or her retirement elect option A and nominate a beneficiary as provided in this subsection. Upon the death of a member who has an option A election in force, his or her beneficiary, if living, shall immediately receive an annuity computed in the same manner in all respects as if the same member had retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained age sixty years, and elected the said option A. If at the time of his or her retirement a member has an option A election in force, his or her election of option A and nomination of beneficiary shall thereafter continue in force. As an alternative to annuity option A, a member or former member may elect to have the preretirement death benefit paid as a return of accumulated contributions in a lump sum amount to any beneficiary or beneficiaries he or she chooses.
          (2) In the event any member or former member, who first became a member of the Public Employees Retirement System after the effective date of amendments made to this section during the 2006 regular legislative session and who has ten or more years of credited service and who is entitled to a deferred annuity, pursuant to section twenty-one of this article: Dies without leaving a surviving spouse; but leaves surviving him or her a child who is financially dependent on the member by virtue of a permanent mental or physical disability upon evidence satisfactory to the board; and has named the disabled child as sole beneficiary, the disabled child shall immediately receive an annuity computed in the same manner in all respects as if the member had: (A) Retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained age sixty or sixty-two years, as the case may be; (B) elected option A provided in section twenty-four of this article; and (C) nominated his or her disabled child as beneficiary. A member or former member with ten or more years of credited service, who does not leave surviving him or her a spouse or a disabled child, may elect to have the preretirement death benefit paid as a return of accumulated contributions in a lump sum amount to any beneficiary or beneficiaries he or she chooses.
          (b) (1) In the event any member who has ten or more years of credited service, or any former member with ten or more years of credited service and who is entitled to a deferred annuity, pursuant to section twenty-one of this article: Dies; and leaves a surviving spouse, the surviving spouse shall immediately receive an annuity computed in the same manner in all respects as if the member had: (A) Retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained age sixty or sixty-two years, as the case may be; (B) elected option A provided in section twenty-four of this article; and (C) nominated his or her surviving spouse as beneficiary. However, the surviving spouse shall have the right to waive the annuity provided in this section: Provided, That he or she executes a valid and notarized waiver on a form provided by the board and that the member or former member attests to the waiver. If the waiver is presented to and accepted by the board, the member or former member, may nominate a beneficiary who has an insurable interest in the member's or former member's life. As an alternative to annuity option A, the member or former member may elect to have the preretirement death benefit paid as a return of accumulated contributions in a lump sum amount to any beneficiary or beneficiaries he or she chooses in the event a waiver, as provided in this section, has been presented to and accepted by the board.
          (2) Whenever any member or former member who first became a member of the retirement system after the effective date of the amendments to this section made during the 2006 regular legislative session and who has ten or more years of credited service and who is entitled to a deferred annuity, pursuant to section twenty-one of this article: Dies; and leaves a surviving spouse, the surviving spouse shall immediately receive an annuity computed in the same manner in all respects as if the member had: (A) Retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained age sixty or sixty-two years, as the case may be; (B) elected option A provided in section twenty-four of this article; and (C) nominated his or her surviving spouse as beneficiary. However, the surviving spouse shall have the right to waive the annuity provided in this section: Provided, That he or she executes a valid and notarized waiver on a form provided by the board and that the member or former member attests to the waiver. If the waiver is presented to and accepted by the board, the member or former member may: (1) Elect to have the preretirement death benefit paid in a lump sum amount, rather than annuity option A provided in section twenty-four of this article, as a return of accumulated contributions to any beneficiary or beneficiaries he or she chooses; or (2) may name his or her surviving child, who is financially dependent on the member by virtue of a permanent mental or physical disability, as his or her sole beneficiary to receive an annuity computed in the same manner in all respects as if the member had: (A) Retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained the age of sixty or sixty-two as the case may be; (B) elected option A provided in section twenty-four of this article; and (C) nominated his or her disabled child as beneficiary.
          (c) In the event any member who has ten or more years of credited service or any former member with ten or more years of credited service and who is entitled to a deferred annuity, pursuant to section twenty-one of this article: (1) Dies without leaving surviving him or her a spouse; but (2) leaves surviving him or her an infant child or children; and (3) does not have a beneficiary nominated as provided in subsection (a) of this section, the infant child or children are entitled to an annuity to be calculated as follows: The annuity reserve shall be calculated as though the member had retired as of the date of his or her decease and elected a straight life annuity and the amount of the annuity reserve shall be paid in equal monthly installments to the member's infant child or children until the child or children attain age twenty-one or sooner marry or become emancipated; however, in no event shall any child or children receive more than $250 per month each. The annuity payments shall be computed as of the date of the death of the member and the amount of the annuity shall remain constant during the period of payment. The annual amount of the annuities payable by this section shall not exceed sixty percent of the deceased member's final average salary.
          (d) In the event any member or former member does not have ten or more years of credited service, no preretirement death annuity may be authorized, owed or awarded under this section, except as provided in subdivision (4), subsection (a), section fifteen of this article as amended during the 2005 regular session of the Legislature.
          (e) Any person qualified as a surviving dependent child under this section, who is the surviving dependent child of a law- enforcement officer who loses his or her life in the performance of duty, in addition to any other benefits due under this or other sections of this article, is entitled to receive a scholarship to be applied to the career development education of that person. This sum, up to but not exceeding $7,500 per year, shall be paid from the fund to any higher education institution in this state, career- technical education provider in this state or other entity in this state approved by the board, to offset the expenses of tuition, room and board, books, fees or other costs incurred in a course of study at any of those institutions so long as the recipient makes application to the board on an approved form and under rules as provided by the board and maintains scholastic eligibility as defined by the institution or the board. The board may by appropriate rules define age requirements, physical and mental requirements, scholastic eligibility, disbursement methods, institutional qualifications and other requirements as necessary and not inconsistent with this section.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 14D. DEPUTY SHERIFF RETIREMENT SYSTEM ACT.
§7-14D-20. Additional death benefits and scholarships -- Dependent children.
          (a) In addition to the spouse death benefits in sections eighteen and nineteen of this article, the surviving spouse is entitled to receive and there shall be paid to the spouse $100 monthly for each dependent child.
          (b) If the surviving spouse dies or if there is no surviving spouse, the fund shall pay monthly to each dependent child a sum equal to one fourth of the surviving spouse's entitlement under either section nineteen or twenty of this article. If there is neither a surviving spouse nor a dependent child, the fund shall pay in equal monthly installments to the dependent parents of the deceased member during their joint lifetimes a sum equal to the amount which a surviving spouse, without children, would have received: Provided, That when there is only one dependent parent surviving, that parent is entitled to receive during his or her lifetime one-half the amount which both parents, if living, would have been entitled to receive: Provided, however, That if there is no surviving spouse, dependent child, nor dependent parent of the deceased member the accumulated contributions shall be paid to a named beneficiary or beneficiaries: Provided further, That if there is no surviving spouse, dependent child, nor dependent parent of the deceased member, nor any named beneficiary or beneficiaries then the accumulated contributions shall be paid to the estate of the deceased member.
          (c) Any person qualifying as a dependent child under this section, in addition to any other benefits due under this or other sections of this article, is entitled to receive a scholarship to be applied to the career development education of that person. This sum, up to but not exceeding ~~$6,000~~ $7,500 per year, shall be paid from the fund to any ~~university or college in this state or to any trade or vocational school~~ higher education institution in this state, career-technical education provider in this state or other entity in this state approved by the board, to offset the expenses of tuition, room and board, books, fees or other costs incurred in a course of study at any of these institutions so long as the recipient makes application to the board on an approved form and under such rules as the board may provide, and maintains scholastic eligibility as defined by the institution or the board. The board may propose legislative rules for promulgation in accordance with article three, chapter twenty-nine-a of this code which define age requirements, physical and mental requirements, scholastic eligibility, disbursement methods, institutional qualifications and other requirements as necessary and not inconsistent with this section.
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 22A. WEST VIRGINIA MUNICIPAL POLICE OFFICERS AND FIREFIGHTERS RETIREMENT SYSTEM.
§8-22A-22. Additional death benefits and scholarships -- Dependent children.
          (a) Except as provided in subsection (a), section nine of this article, in addition to the spouse death benefits in this article, the surviving spouse is entitled to receive and there shall be paid to the spouse $100 monthly for each dependent child.
          (b) If the surviving spouse dies or if there is no surviving spouse, the fund shall pay monthly to each dependent child a sum equal to one hundred percent of the spouse's entitlement under this article divided by the number of dependent children. If there is neither a surviving spouse nor a dependent child, the fund shall pay in equal monthly installments to the dependent parents of the deceased member during their joint lifetimes a sum equal to the amount which a surviving spouse, without children, would have received: Provided, That when there is only one dependent parent surviving, that parent is entitled to receive during his or her lifetime one-half the amount which both parents, if living, would have been entitled to receive: Provided, however, That if there is no surviving spouse, dependent child or dependent parent of the deceased member, the accumulated contributions shall be paid to a named beneficiary or beneficiaries: Provided further, That if there is no surviving spouse, dependent child or dependent parent of the deceased member, or any named beneficiary or beneficiaries, then the accumulated contributions shall be paid to the estate of the deceased member.
          (c) Any person qualifying as a dependent child under this section, in addition to any other benefits due under this or other sections of this article, is entitled to receive a scholarship to be applied to the career development education of that person. This sum, up to but not exceeding ~~$6,000~~ $7,500 per year, shall be paid from the fund to any ~~university or college in this state or to any trade or vocational school~~ higher education institution in this state, career-technical education provider in this state or other entity in this state approved by the board, to offset the expenses of tuition, room and board, books, fees or other costs incurred in a course of study at any of these institutions so long as the recipient makes application to the board on an approved form and under rules provided by the board and maintains scholastic eligibility as defined by the institution or the board. The board may propose legislative rules for promulgation in accordance with article three, chapter twenty-nine-a of this code which define age requirements, physical and mental requirements, scholastic eligibility, disbursement methods, institutional qualifications and other requirements as necessary and not inconsistent with this section.
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-33. Awards and benefits to dependents of member when the member dies in performance of duty; to dependents of a duty disability retirant; dependent child scholarship and amount.
          (a) The surviving spouse or the dependent child or children or dependent parent or parents of any member who has lost or loses his or her life by reason of injury, illness or disease resulting from an occupational risk or hazard inherent in or peculiar to the service required of employees while the member was or is engaged in the performance of his or her duties as an employee of the agency, or if a retirant dies from any cause after having been retired pursuant to the provisions of section twenty-nine of this article, the surviving spouse or other dependent is entitled to receive and shall be paid from the fund benefits as follows: To the surviving spouse annually, in equal monthly installments during his or her lifetime the greater of one or the other of two amounts:
          (1) An amount equal to five and one-half percent of the total salary which was or would have been earned by the deceased member or duty disability retirant during twenty-five years of service based on the average earnings of the member or duty disability retirant while employed by the agency; or
          (2) The sum of $6,000.
          (b) In addition, the surviving spouse is entitled to receive and shall be paid $100 monthly for each dependent child or children. If the surviving spouse dies or if there is no surviving spouse, there shall be paid monthly to each dependent child or children from the fund a sum equal to twenty-five percent of the surviving spouse's entitlement. If there is no surviving spouse and no dependent child or children, there shall be paid annually in equal monthly installments from the fund to the dependent parents of the deceased member or retirant during their joint lifetimes a sum equal to the amount which a surviving spouse, without children, would have received: Provided, That when there is one dependent parent surviving, that parent is entitled to receive during his or her lifetime one half the amount which both parents, if living, would have been entitled to receive.
          (c) Any person qualified as a surviving dependent child under this section, in addition to any other benefits due under this or other sections of this article, is entitled to receive a scholarship to be applied to the career development education of that person. This sum, up to but not exceeding $7,500 per year, shall be paid from the fund to any ~~university or college in this state or to any trade or vocational school~~ higher education institution in this state, career-technical education provider in this state or other entity in this state approved by the board, to offset the expenses of tuition, room and board, books, fees or other costs incurred in a course of study at any of those institutions so long as the recipient makes application to the board on an approved form and under rules as provided by the board and maintains scholastic eligibility as defined by the institution or the board. The board may by appropriate rules define age requirements, physical and mental requirements, scholastic eligibility, disbursement methods, institutional qualifications and other requirements as necessary and not inconsistent with this section.
          (d) A surviving spouse or dependent of an employee meeting the requirements of this section is entitled to receive beneficiary payments on the first day following the date the deceased employee is removed from payroll by the agency. A surviving spouse or dependent of a member who is not currently an employee meeting the requirements of this section is entitled to receive beneficiary payments on the first day following the date of the deceased member's death. A surviving spouse or dependent of a retirant meeting the requirements of this section is entitled to receive beneficiary payments on the first day of the month following the date of the deceased retirant's death. Upon receipt of properly executed forms from the agency and the surviving spouse or dependent, the board shall process the surviving spouse or dependent benefit as soon as administratively feasible.
          (e) For the purposes of this section, the term "salary" does not include any compensation paid for overtime service.
ARTICLE 2A. WEST VIRGINIA STATE POLICE RETIREMENT SYSTEM.
§15-2A-12. Awards and benefits to dependents of employees or retirants - When employee dies in performance of duty, etc.; dependent child scholarship and amount.
     The surviving spouse, the dependent child or children or dependent parent or parents of any employee who has lost or shall lose his or her life by reason of injury, illness or disease resulting from an occupational risk or hazard inherent in or peculiar to the service required of employees while the employee was engaged in the performance of his or her duties as an employee of the agency, or the survivor of a retirant who dies from any cause after having been retired pursuant to the provisions of section nine of this article, is entitled to receive and shall be paid from the fund benefits as follows: To the surviving spouse annually, in equal monthly installments during his or her lifetime, one or the other of two amounts, which shall become payable the first day of the month following the employee's or retirant's death and which shall be the greater of:
     (1) An amount equal to nine-tenths of the base salary received in the preceding full twelve-month employment period by the deceased employee: Provided, That if the employee had not been employed with the agency for twelve full months prior to his or her death, the amount of monthly salary shall be annualized for the purpose of determining the benefit; or
     (2) The sum of $10,000.
     In addition, the surviving spouse is entitled to receive and shall be paid $150 monthly for each dependent child. If the surviving spouse dies or if there is no surviving spouse, there shall be paid monthly to each dependent child or children from the fund a sum equal to one third of the surviving spouse's entitlement. If there is no surviving spouse and no dependent child or children, there shall be paid annually in equal monthly installments from the fund to the dependent parents of the deceased member during their joint lifetimes a sum equal to the amount which a surviving spouse, without children, would have received: Provided, That when there is one dependent parent surviving, that parent is entitled to receive during his or her lifetime one half the amount which both parents, if living, would have been entitled to receive: Provided, however, That if there is no surviving spouse, dependent child or dependent parent of the deceased member, the accumulated contributions shall be paid to a named beneficiary or beneficiaries: Provided further, That if there is no surviving spouse, dependent child, dependent parent of the deceased member or any named beneficiary or beneficiaries, then the accumulated contributions shall be paid to the estate of the deceased member.
     Any person qualifying as a surviving dependent child under this section, in addition to any other benefits due under this or other sections of this article, is entitled to receive a scholarship to be applied to the career development education of that person. This sum, up to but not exceeding $7,500 per year, shall be paid from the fund to any ~~university or college in this state or to any trade or vocational school~~ higher education institution in this state, career-technical education provider in this state or other entity in this state approved by the board to offset the expenses of tuition, room and board, books, fees or other costs incurred in a course of study at any of these institutions as long as the recipient makes application to the board on an approved form and under rules provided by the board and maintains scholastic eligibility as defined by the institution or the board. The board may by appropriate rules define age requirements, physical and mental requirements, scholastic eligibility, disbursement methods, institutional qualifications and other requirements as necessary and not inconsistent with this section.
     A surviving spouse or dependent of an employee meeting the requirements of this section is entitled to receive beneficiary payments on the first day of the month following the date the deceased member is removed from payroll by the agency. A surviving spouse or dependent of a member who is not currently an employee meeting the requirements of this section is entitled to receive beneficiary payments on the first day of the month following the date of the deceased member's death. A surviving spouse or dependent of a retirant meeting the requirements of this section is entitled to receive beneficiary payments on the first day of the month following the date of the deceased retirant's death. Upon receipt of properly executed forms from the agency and surviving spouse or dependent, the board shall process the surviving spouse or dependent benefit as soon as administratively feasible.
     It is the intent of the Legislature that the levels of benefits provided by operation of this section from the effective date of the enactment of this section during the regular session of the Legislature, 2005, be the same levels of benefits as provided by this section as amended and reenacted during the fourth extraordinary session of the Legislature, 2005. Accordingly, the effective date of the operation of this section as amended and reenacted during the fourth extraordinary session of the Legislature, 2005, is expressly made retrospective to April 9, 2005.;
     And,
     By striking out the title and substituting therefor a new title, to read as follows:
     Eng. Senate Bill No. 394--A Bill to amend and reenact §5-10-27 of the Code of West Virginia, 1931, as amended; to amend and reenact §7-14D-20 of said code; to amend and reenact §8-22A-22 of said code; to amend and reenact §15-2-33 of said code; and to amend and reenact §15-2A-12 of said code, all relating to providing scholarships for dependent children of law-enforcement officers who die in performance of duty; modifying scholarship benefits for certain dependents; and establishing scholarship benefits for certain dependents.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Senate Bill No. 394, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 394) passed with its House of Delegates amended title.
     Senator Unger moved that the bill take effect July 1, 2013.
     On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 394) takes effect July 1, 2013.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the amendment by that body to the title of the bill, passage as amended, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendment, as to
     Eng. Senate Bill No. 403, Relating to judicial retirement system contribution rates.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendment to the title of the bill was reported by the Clerk:
     By striking out the title and substituting therefor a new title, to read as follows:
     Eng. Senate Bill No. 403--A Bill to amend and reenact §51-9-4 of the Code of West Virginia, 1931, as amended, relating to the judicial retirement system; reducing the contribution rate of judges; authorizing the Consolidated Public Retirement Board to annually establish future participant contribution rates based on the State Actuary's report; requiring certain reporting to the Legislature's Joint Committee on Government and Finance and the Joint Committee on Pensions and Retirement; and limiting the participant contribution rate to no more than ten and one-half percent and no less than seven percent of a participant's salary.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the title of the bill.
     Engrossed Senate Bill No. 403, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 403) passed with its House of Delegates amended title.
     Senator Unger moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 403) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Com. Sub. for Senate Bill No. 414, Clarifying hunting and fishing license-issuing authorities.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendments to the bill were reported by the Clerk:
     By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 2. WILDLIFE RESOURCES
§20-2-32. Issuance of licenses; duplicate licenses.
     (a) The clerk of the county commission in each county requesting designation, and other persons, designated by the director ~~shall be~~ pursuant to section thirty-three of this article, are license-issuing authorities ~~Each license-issuing authority shall issue~~ authorized to issue a license to ~~a license~~ an applicant if ~~in the opinion of the authority,~~ the ~~license~~ applicant is legally entitled to obtain the license ~~applied for~~ and pays the proper fee.
     (b) ~~All materials~~ Materials and supplies ~~necessary~~ for the issuance of licenses shall be furnished by the director to each ~~person authorized to issue licenses~~ license-issuing authority as needed.
_____(c) Each license shall bear a serial number and shall be signed by the licensee. The ~~issuing~~ license-issuing authority shall keep an accurate record ~~in the form and manner prescribed by the director,~~ of ~~all~~ licenses issued and ~~of all money~~ fees collected ~~as license fees~~ as prescribed by the director.
_____(d) Any license-issuing authority may issue a duplicate license to replace a lost, destroyed or damaged license upon receipt of a verified application ~~duly~~ executed by the original ~~license holder~~ licensee and ~~the~~ payment ~~to the issuing authority~~ of a duplicate license fee of $1.;
     And,
     By striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for Senate Bill No. 414--A Bill to amend and reenact §20-2-32 of the Code of West Virginia, 1931, as amended, relating to issuing hunting and fishing licenses; and modifying who may be a license-issuing authority.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Committee Substitute for Senate Bill No. 414, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 414) passed with its House of Delegates amended title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     The Senate again proceeded to the fifth order of business.
Filed Conference Committee Reports
     The Clerk announced the following conference committee report had been filed at 5:37 p.m. today:
     Eng. Com. Sub. for Senate Bill No. 580, Updating requirements for dental intern, resident and teaching permits.
     Without objection, the Senate returned to the third order of business.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
     Eng. Senate Bill No. 423, Providing certain convicted persons reduction in sentence.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendment to the bill was reported by the Clerk:
     By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY.
§31-20-5d. Good-time credit.
          (a) Any person convicted of a criminal offense and sentenced to confinement in a regional jail is to be granted reduction of his or her sentence for good conduct in accordance with this section.
          (b) The reduction of sentence or good time is to be deducted from the fixed term of determinate sentences. An inmate under two or more consecutive sentences is allowed good time as if the several sentences, when the maximum terms thereof are added together, were all one sentence.
          (c) Every inmate sentenced to a regional jail for a term of confinement exceeding six months who, in the judgment of the administrator of the regional jail facility, faithfully complies with all rules of the regional jail during his or her term of confinement is entitled to a deduction of five days from each month of his or her sentence. No inmate may be granted any good time under the provisions of this section for time spent on bond or for time served on parole or in any other status in which he or she is not physically incarcerated.
          (d) Each inmate sentenced to a term of confinement in a regional jail facility who participates in a general equivalency diploma program is to be granted three days of good time for the completion of each educational literacy level, as demonstrated by achieving a passing score on standardized tests required by the Department of Education, and ten days of good time for completion of the requirements for a general equivalency diploma or high school diploma.
          (e) ~~Each~~ An inmate sentenced to a term of confinement in a regional jail ~~in excess~~ for a period of six months or more, shall be granted five days of good time for the successful completion ~~for each~~ of any of the following rehabilitation programs: Domestic violence, parenting, substance abuse, life skills, alcohol abuse, ~~and~~ anger management or any special rehabilitation or educational program designated by the executive director. Good time credit pursuant to this subsection is cumulative, however an inmate is eligible for a maximum of thirty days good time ~~shall be granted~~ credit for the successful completion of ~~all six~~ rehabilitation programs authorized by this subsection. The fee for each class is $25 which is due upon enrollment. If an inmate is unable to pay a fee or fees in full at the time of enrollment, it may be paid by deductions from his or her inmate trust account, subject to the provisions of subsection (f), section thirty-one of this article. No more than one half of the amount in the inmate trust account during any one-week period may be so deducted.
          (f) The administrator of a regional jail facility may, with the approval of the Governor, allow extra good time for inmates who perform exceptional work or service.
          (g) The Regional Jail and Correctional Facility Authority shall promulgate disciplinary rules for the regional jail facilities. The rules are to describe prohibited acts, procedures for charging individual inmates for violations of the rules and for determining the guilt or innocence of inmates charged with the violations and sanctions that may be imposed for the violations. For each violation by an inmate, any part or all of the good time that has been granted to the inmate may be forfeited and revoked by the administrator of the regional jail facility. The administrator, when appropriate and with approval of the executive director, may restore any good time forfeited for a violation of the rules promulgated or adopted pursuant to this subsection.
          (h) Each inmate sentenced to a term of confinement in a regional jail in excess of six months shall, within seventy-two hours of being received into a regional jail, be given a copy of the disciplinary rules, a statement setting forth the term or length of his or her sentence or sentences and the time of his or her minimum discharge.
          On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
          Engrossed Senate Bill No. 423, as amended by the House of Delegates, was then put upon its passage.
          On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
          The nays were: None.
          Absent: None.
          So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 423) passed with its title.
          Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
          A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to
          Eng. Com. Sub. for Senate Bill No. 438, Authorizing reorganization of certain community and technical colleges.
          On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
          The following House of Delegates amendments to the bill were reported by the Clerk:
          On page five, section two, line eighteen, by striking out the word "one" and inserting in lieu thereof the word "two";
          On page six, section two, line thirty, after the word "Colleges." by inserting the following: In the case of the consolidation of Bridgemont Community and Technical College and Kanawha Valley Community and Technical College, "multicampus institution" means the consolidated institution comprised of existing campuses in Montgomery and South Charleston and any other campuses that may be established in the future, in accordance with the Higher Learning Commission standards of accreditation.;
          On page seven, section three, line seven, by changing the period to a comma and inserting the words "and to continued fulfillment of institutional accreditation requirements.";
          On page eight, section three, lines thirty-three and thirty- four, by striking out the words "apportion the appointments as equally as possible among the lay citizen members" and inserting in lieu thereof the words "appoint an equal number of lay citizen members from each";
          On page eight, section three, line thirty-five, after the word "institutions." by inserting the following: One such member serves a one-year term only, after which that membership position is not reappointed.;
          On page nine, section three, line thirty-six, by striking out the word "Four" and inserting in lieu thereof the following: "One of the initial appointments is for a term of one year, four";
          On page nine, section three, after line thirty-eight, by inserting a new subdivision, designated subdivision (3), to read as follows:
          (3) Until June 30, 2014, all of the constituent members of the boards of governors of the affected institutions representing faculty, classified employees and students serve as members on the board of governors of the reorganized institution. Beginning July 1, 2014, the constituent members of the reorganized institution are appointed according to the provisions of section one, article two-a of this chapter.;
          On page nine, section three, lines forty-four through fifty- one, by striking out all of subsection (c);
          And by relettering the remaining subsection;
          On page thirteen, section six, lines one and two, by striking out the words "(a) When a reorganized institution is created, the" and inserting in lieu thereof the following:
          "When a consolidated institution is formed:
          (1) The";
          On page fourteen, section six, line five, by striking out "(b)" and inserting in lieu thereof "(2)";
          On page fourteen, section six, line nine, by striking out "(c)" and inserting in lieu thereof "(3)";
          On page fourteen, section six, line fifteen, by striking out "(d)" and inserting in lieu thereof "(4)";
          On page fifteen, section six, line twenty-two, by striking out "(e)" and inserting in lieu thereof "(5)";
          On page nineteen, section nine, after the section caption, by inserting a new subsection, designated subsection (a), to read as follows:
          (a) When a consolidated institution is formed, the faculty, classified employees and nonclassified employees of the affected institutions become the faculty, classified employees and nonclassified employees of the consolidated institution, subject to the provisions of this article.;
          And by relettering the remaining subsections;
          On page twenty-one, after line thirty-eight, by adding a new section, designated section ten, to read as follows:
§18B-3F-10. Transfer of students.
  (a) When a consolidated institution is formed, the students of the affected institutions become the students of the consolidated institution, subject to the provisions of section eight, article one of this chapter.;
  By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
  That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §18B-3F-1, §18B-3F-2, §18B-3F-3, §18B-3F-4, §18B-3F-5, §18B-3F-6, §18B-3F-7, §18B-3F-8, §18B-3F-9 and §18B-3F-10, all to read as follows:;
  And,
  By striking out the title and substituting therefor a new title, to read as follows:
  Eng. Com. Sub. for Senate Bill No. 438--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-3F-1, §18B-3F-2, §18B-3F-3, §18B-3F-4, §18B-3F-5, §18B-3F-6, §18B-3F-7, §18B-3F-8, §18B-3F-9 and §18B-3F-10, all relating to reorganization and consolidation of Bridgemont Community and Technical College and Kanawha Valley Community and Technical College; creating an independent, multicampus community and technical college on June 30, 2013; abolishing certain boards of governors and providing for appointment of a new board of governors; setting forth legislative findings; providing definitions; requiring development of a strategic reorganization plan; establishing an administrative planning committee; providing for committee membership, powers, duties and termination date; appointing president and other officers; specifying certain duties; providing for transfer of assets and liabilities, operating budgets, orders, rules and procedures; providing for the transfer of faculty, classified employees and nonclassified employees; providing for employee rights and benefits when positions are abolished; requiring notification of employment status by certain date under certain circumstances; and providing for the transfer of students.
  On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
  Engrossed Committee Substitute for Senate Bill No. 438, as amended by the House of Delegates, was then put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 438) passed with its House of Delegates amended title.
  Senator Unger moved that the bill take effect from passage.
  On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 438) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to
  Eng. Com. Sub. for Senate Bill No. 444, Relating to higher education generally.
  On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
  The following House of Delegates amendments to the bill were reported by the Clerk:
  By striking out everything after the enacting clause and inserting in lieu thereof the following:
  That §12-1-12d of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §18B-2A-1 and §18B-2A-3 of said code be amended and reenacted; and that §18B-7-11 of said code be amended and reenacted, all to read as follows:
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
ARTICLE 1. STATE DEPOSITORIES.
§12-1-12d. Investments by Marshall University and West Virginia University.
     (a) Notwithstanding any provision of this article to the contrary, the governing boards of Marshall University and West Virginia University each may invest certain funds with its respective nonprofit foundation that has been established to receive contributions exclusively for that university and which exists on January 1, 2005. ~~Any such~~ The investment is subject to the limitations of this section.
     (b) A governing board, through its chief financial officer may enter into agreements, approved as to form by the State Treasurer, for the investment by its foundation of certain funds subject to their administration. Any interest or earnings on the moneys invested is retained by the investing university.
     (c) Moneys of a university that may be invested with its foundation pursuant to this section are those subject to the administrative control of the university that are collected under an act of the Legislature for specific purposes and do not include any funds made available to the university from the State General Revenue Fund or the funds established in sections eighteen or eighteen-a, article twenty-two, chapter twenty-nine of this code. Moneys permitted to be invested under this section may be aggregated in an investment fund for investment purposes.
     (d) Of the moneys authorized for investment by this section, Marshall University and West Virginia University each, respectively, may have invested with its foundation at any time not more than the greater of:
     (1) Eighteen million dollars for Marshall University and $25 million for West Virginia University; or
     (2) Sixty-five percent of its unrestricted net assets as presented in the statement of net assets for the fiscal year end audited financial reports.
     (3) Notwithstanding subdivisions (1) and (2) of this subsection, with the approval of the Higher Education Policy Commission, Marshall University may increase the amount invested to ~~$30~~ $60 million and West Virginia University may increase the amount invested to ~~$40~~ $70 million.
     (e) Investments by foundations that are authorized under this section shall be made in accordance with and subject to the provisions of the Uniform Prudent Investor Act codified as article six-c, chapter forty-four of this code. As part of its fiduciary responsibilities, each governing board shall establish investment policies in accordance with the Uniform Prudent Investor Act for those moneys invested with its foundation. The governing board shall review, establish and modify, if necessary, the investment objectives as incorporated in its investment policies so as to provide for the financial security of the moneys invested with its foundation. The governing boards shall give consideration to the following:
     (1) Preservation of capital;
(2) Diversification;
(3) Risk tolerance;
(4) Rate of return;
(5) Stability;
(6) Turnover;
(7) Liquidity; and
(8) Reasonable cost of fees.
     (f) A governing board shall report annually by December 31 to the Governor and to the Joint Committee on Government and Finance on the performance of investments managed by its foundation pursuant to this section.
     (g) The amendments to this section in the second extraordinary session of the Legislature in 2010 ~~shall~~ apply retroactively so that the authority granted by this section shall be construed as if that authority did not expire on July 1, 2010.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-1. Findings; composition of boards; terms and qualifications of members; vacancies; eligibility for reappointment.
     (a) Findings. --
     The Legislature finds that the State of West Virginia is served best when the membership of each governing board includes the following:
     (1) The academic expertise and institutional experience of faculty members and a student of the institution governed by the board;
     (2) The technical or professional expertise and institutional experience of a classified employee of the institution governed by the board;
     (3) An awareness and understanding of the issues facing the institution governed by the board; and
     (4) The diverse perspectives that arise from a membership that is balanced in terms of gender and varied in terms of race and ethnic heritage.
     (b) Boards of governors established. --
     A board of governors is continued at each of the following institutions: Bluefield State College, Blue Ridge Community and Technical College, Bridgemont Community and Technical College, Concord University, Eastern West Virginia Community and Technical College, Fairmont State University, Glenville State College, Kanawha Valley Community and Technical College, Mountwest Community and Technical College, Marshall University, New River Community and Technical College, Pierpont Community and Technical College, Shepherd University, Southern West Virginia Community and Technical College, West Liberty University, West Virginia Northern Community and Technical College, the West Virginia School of Osteopathic Medicine, West Virginia State University, West Virginia University and West Virginia University at Parkersburg.
     (c) Board membership. --
     (1) An appointment to fill a vacancy on the board or reappointment of a member who is eligible to serve an additional term is made in accordance with the provisions of this section.
     (2) The Board of Governors for Marshall University consists of sixteen persons. The Board of Governors for West Virginia University consists of seventeen persons. The boards of governors of the other state institutions of higher education consist of twelve persons.
     (3) Each board of governors includes the following members:
     (A) A full-time member of the faculty with the rank of instructor or above duly elected by the faculty of the respective institution;
     (B) A member of the student body in good academic standing, enrolled for college credit work and duly elected by the student body of the respective institution; and
     (C) A member from the institutional classified employees duly elected by the classified employees of the respective institution;
     (4) For the Board of Governors at Marshall University, thirteen lay members appointed by the Governor, by and with the advice and consent of the Senate, pursuant to this section;
     (5) For the Board of Governors at West Virginia University, twelve lay members appointed by the Governor, by and with the advice and consent of the Senate, pursuant to this section, and additionally:
     (A) The Chairperson of the Board of Visitors of West Virginia University Institute of Technology;
     (B) A full-time faculty member representing the extension service at the institution or a full-time faculty member representing the health sciences, selected by the faculty senate.      (6) For each board of governors of the other state institutions of higher education, nine lay members appointed by the Governor, by and with the advice and consent of the Senate, pursuant to this section.
     (A) Of the nine members appointed by the Governor, no more than five may be of the same political party. Of the thirteen members appointed by the Governor to the governing board of Marshall University, no more than eight may be of the same political party. Of the twelve members appointed by the Governor to the governing board of West Virginia University, no more than seven may be of the same political party.
     (B) Of the nine members appointed by the Governor, at least five shall be residents of the state. Of the thirteen members appointed by the Governor to the governing board of Marshall University, at least eight shall be residents of the state. Of the twelve members appointed by the Governor to the governing board of West Virginia University, at least seven shall be residents of the state.
     (7) In making lay appointments, the Governor shall consider the institutional mission and membership characteristics including the following:
     (A) The need for individual skills, knowledge and experience relevant to governing the institution;
     (B) The need for awareness and understanding of institutional problems and priorities, including those related to research, teaching and outreach;
     (C) The value of gender, racial and ethnic diversity; and
     (D) The value of achieving balance in gender and diversity in the racial and ethnic characteristics of the lay membership of each board.
     (d) Board member terms. --
     (1) The student member serves for a term of one year. Each term begins on July 1.
     (2) The faculty member serves for a term of two years. Each term begins on July 1. Faculty members are eligible to succeed themselves for three additional terms, not to exceed a total of eight consecutive years.
     (3) The member representing classified employees serves for a term of two years. Each term begins on July 1. Members representing classified employees are eligible to succeed themselves for three additional terms, not to exceed a total of eight consecutive years.
     (4) The appointed lay citizen members serve terms of ~~up to~~ four years each and are eligible to succeed themselves for no more than one additional term, except that citizen members who are appointed to fill unexpired terms are eligible to succeed themselves for two full terms after completing an unexpired term.
     (5) A vacancy in an unexpired term of a member shall be filled for the unexpired term within thirty days of the occurrence of the vacancy in the same manner as the original appointment or election. Except in the case of a vacancy, all elections are held and all appointments are made no later than June 30 preceding the commencement of the term. Each board of governors shall elect one of its appointed lay members to be chairperson in June of each year. A member may not serve as chairperson for more than four consecutive years.
     (6) The appointed members of the boards of governors serve staggered terms of up to four years except that four of the initial appointments to the governing boards of community and technical colleges that became independent July 1, 2008, are for terms of two years and five of the initial appointments are for terms of four years.
     (e) Board member eligibility, expenses. --
     (1) A person is ineligible for appointment to membership on a board of governors of a state institution of higher education under the following conditions:
     (A) For a baccalaureate institution or university, a person is ineligible for appointment who is an officer, employee or member of any other board of governors; an employee of any institution of higher education; an officer or member of any political party executive committee; the holder of any other public office or public employment under the government of this state or any of its political subdivisions; an employee of any affiliated research corporation created pursuant to article twelve of this chapter; an employee of any affiliated foundation organized and operated in support of one or more state institutions of higher education; or a member of the council or commission. This subsection does not prevent the representative from the faculty, classified employees, students or the superintendent of a county board of education from being members of the governing boards.
     (B) For a community and technical college, a person is ineligible for appointment who is an officer, employee or member of any other board of governors; a member of a board of visitors of any public institution of higher education; an employee of any institution of higher education; an officer or member of any political party executive committee; the holder of any other public office, other than an elected county office, or public employment, other than employment by the county board of education, under the government of this state or any of its political subdivisions; an employee of any affiliated research corporation created pursuant to article twelve of this chapter; an employee of any affiliated foundation organized and operated in support of one or more state institutions of higher education; or a member of the council or commission. This subsection does not prevent the representative from the faculty, classified employees or students from being members of the governing boards.
     (2) Before exercising any authority or performing any duties as a member of a governing board, each member shall qualify as such by taking and subscribing to the oath of office prescribed by section five, article IV of the Constitution of West Virginia and the certificate thereof shall be filed with the Secretary of State.
     (3) A member of a governing board appointed by the Governor may not be removed from office by the Governor except for official misconduct, incompetence, neglect of duty or gross immorality and then only in the manner prescribed by law for the removal of the state elective officers by the Governor.
     (4) The members of the board of governors serve without compensation, but are reimbursed for all reasonable and necessary expenses actually incurred in the performance of official duties under this article upon presentation of an itemized sworn statement of expenses.
     (5) The president of the institution shall make available resources of the institution for conducting the business of its board of governors. All expenses incurred by the board of governors and the institution under this section are paid from funds allocated to the institution for that purpose.
§18B-2A-3. Supervision of governing boards; promulgation of rules; data collection and dissemination.
     (a) The governing boards are subject to the supervision of the commission or the council, as appropriate, except in those instances where specific statutory exceptions are granted by law to the governing boards of Marshall University and West Virginia University.
     (b) The governing boards of all state institutions of higher education are subject to the provisions of law that relate to the administration of personnel matters including, specifically, articles seven, eight, nine and nine-a of this chapter and to rules promulgated and adopted in accordance with these provisions.
     (c) The Chancellor for Higher Education and the Chancellor for Community and Technical College Education, under the supervision of their respective boards, are responsible for the coordination of policies, purposes and rules of the governing boards and shall provide for and facilitate sufficient interaction among the governing boards and between the governing boards and the State Board of Education to meet the goals and objectives provided in the compacts and in section one-a, article one and article one-d of this chapter.
     (d) The governing boards and the State Board of Education shall provide all information requested by the commission and the council, whether the request is made separately or jointly, in an appropriate format and in a timely manner.
     (1) Each governing board shall cooperate with the West Virginia Network for Educational Telecomputing (WVNET) in designing appropriate interfaces with the databases of institutions under its jurisdiction and shall grant WVNET direct access to these databases.
_____(2) WVNET, on behalf of the commission or council or both, shall generate reports from the data accessed for the purposes set forth in section five, article one-a and sections eight and ten, article one-d of this chapter.
_____(3) All data accessed or received from an institution shall be treated in a manner consistent with the privacy protections outlined in section ten, article one-d of this chapter.
ARTICLE 7. PERSONNEL GENERALLY.
§18B-7-11. Employees designated as nonclassified; limits; exceptions; reports required.
     (a) Notwithstanding any provision of this code to the contrary, by July 1, 2015, the percentage of personnel placed in the category of nonclassified at a higher education organization may not exceed twenty percent of the total number of classified and nonclassified employees of that organization as those terms are defined in section two, article nine-a of this chapter and who are eligible for membership in a state retirement system of the State of West Virginia or other retirement plan authorized by the state.
     A higher education organization which has more than twenty percent of its employees placed in the nonclassified category as defined by this subsection on July 1, 2011, shall reduce the number of nonclassified employees to no more than twenty-five percent by July 1, 2013, and to no more than twenty percent by July 1, 2015, except as set forth in subsections (b) and (c) of this section.
     (b) For the purpose of determining the ratio of nonclassified employees pursuant to this section, the following conditions apply:
     (1) ~~Employees of the commission and the chancellor for higher education and employees of the council and the chancellor for community and technical college education are considered as one organization~~;
     ~~(2)~~ Organizations ~~may~~ shall count as faculty or classified employees, respectively, ~~administrators~~ who retain the right to return to faculty or classified employee positions, ~~and~~ in the employee category they are serving in at the time of reporting as required by subsections (a) and (b), section eight of this article. Such employees will be counted in their original category at such time as they exercise their return rights.
_____~~(3)~~ (2) Athletic coaches are excluded from calculation of the ratio. The commission and the council shall include consideration of this employee category in each review required by section nine of this article and shall monitor organizations' use of this category and include this information in the reports required by subsections (a) and (b), section eight of this article.
     (c) An organization may place up to twenty-five percent of the total number of classified and nonclassified employees of that organization as defined by this section in the nonclassified category under the following conditions:
     (1) The governing board of an institution votes to approve any percentage or fraction of a percentage number above twenty percent and seeks and receives the approval of the commission or council, as appropriate, before increasing the total above twenty percent.
     (2) In the case of personnel employed by the commission and the council, the chancellors jointly shall agree to increase the percentage number or fraction of a number of nonclassified employees beyond twenty percent and shall recommend this action to their respective boards for approval.
     (A) The commission and council each shall approve or disapprove the increase and shall include the vote, as well as details of the position and justification for placing the position in the nonclassified category, in its minute record.
     (B) The number of nonclassified personnel may not be increased above twenty percent unless the increase is approved by both the commission and the council.
     ~~(3)~~ (2) Powers and duties of commission and council regarding nonclassified staff ratios. --
     (A) It is the duty of the commission and council jointly to establish criteria for the purpose of making decisions on approving or disapproving requests by organizations to exceed the twenty percent limit for personnel placed in the nonclassified category;
     (B) The commission and council shall provide technical assistance to organizations under their respective jurisdictions in collecting and interpreting data to ensure that they fulfill the requirements established by this section. Consideration of these issues shall be made part of each review required by section nine of this article and information from the review included in the reports required by subsections (a) and (b), section eight of this article;
     (C) The chancellors shall monitor the progress of the organizations in meeting the deadlines established in this section and shall report periodically to the council and commission. The commission and council shall make a preliminary compliance report to the Legislative Oversight Commission on Education Accountability by September 1, 2013, and a final report on organization compliance to that body by September 1, 2015.
     (D) Subject to a joint recommendation by the commission and the council and subsequent affirmative action by the Legislature to extend the authority beyond the specified date of termination, the authority of an organization to place more than twenty percent of its personnel in the nonclassified category pursuant to this section expires on July 1, 2016.
     (d) The current annual salary of a nonclassified employee may not be reduced if his or her position is redefined as a classified position solely to meet the requirements of this section. If such a nonclassified employee is reclassified, his or her salary does not constitute evidence of inequitable compensation in comparison to other employees in the same paygrade.
     (e) For the purposes of this section only the commission and council are not considered higher education organizations.;
     And,
     By striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for Senate Bill No. 444--A Bill to amend and reenact §12-1-12d of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-2A-1 and §18B-2A-3 of said code; and to amend and reenact §18B-7-11 of said code, all relating to higher education generally; increasing the amounts that Marshall University and West Virginia University may have invested with their respective foundations under certain conditions; authorizing certain members of institutional governing boards are eligible to succeed themselves under certain conditions; collecting, synthesizing and disseminating data from state institutions of higher education; directing institutional boards of governors to cooperate in certain data-related operations; providing certain privacy protections for data; exempting the West Virginia Policy Commission and West Virginia Council for Community and Technical College Education from meeting certain employee ratios; and modifying the method of calculating certain employee ratios.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Committee Substitute for Senate Bill No. 444, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 444) passed with its House of Delegates amended title.
     Senator Unger moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 444) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 460, Exempting certain residents' active duty military pay from state income tax.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Com. Sub. for Senate Bill No. 461, Relating to procedures and protections for child witnesses in domestic relations proceedings.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendments to the bill were reported by the Clerk:
     By striking out everything after the enacting clause and inserting in lieu thereof the following:
     That §62-6B-2, §62-6B-3 and §62-6B-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 6B. PROTECTION AND PRESERVATION OF STATEMENTS AND TESTIMONY OF CHILD WITNESS.
§62-6B-2. Definitions.
          For the purposes of this article, the words or terms defined in this section, and any variation of those words or terms required by the context, have the meanings ascribed to them in this section. These definitions are applicable unless a different meaning clearly appears from the context.
          (1) "Child witness" means a person ~~thirteen years of age or less~~ under the age of sixteen years of age who is or will be called to testify in a criminal matter concerning an alleged violation of the provisions of sections three, four, five and seven, article eight-b, chapter sixty-one of this code in which the child is the alleged victim.
          (2) "Live, ~~two-way~~ closed-circuit television" means a simultaneous transmission, by closed-circuit television or other electronic means, between the courtroom and the testimonial room.
          (3) "Operator" means the individual authorized by the court to operate the ~~two-way~~ closed-circuit television equipment used in accordance with the provisions of this article.
          (4) "Testimonial room" means a room within the courthouse other than the courtroom from which the testimony of a child witness or the defendant is transmitted to the courtroom by means of live, ~~two-way~~ closed-circuit television.
§62-6B-3. Findings of fact required for taking testimony of child witness by closed-circuit television; considerations for court.
          (a) Upon a written motion filed by the prosecuting attorney, the child's attorney or the child's guardian ad litem, and upon findings of fact determined pursuant to subsection (b) of this section, a circuit court may order that the testimony of a child witness may be taken at a pretrial proceeding or at trial through the use of live, ~~two-way~~ closed-circuit television.
          (b) Prior to ordering that the testimony of a child witness may be taken through the use of live, ~~two-way~~ closed-circuit television, the circuit court must find by clear and convincing evidence, after conducting an evidentiary hearing on this issue, that:
          (1) The child is an otherwise competent witness;
          (2) That, absent the use of live, ~~two-way~~ closed-circuit television the child witness will be unable to testify due solely to being required to be in the physical presence of the defendant while testifying;
          (3) The child witness can only testify if live, two-way closed-circuit television is used in the trial; and
          (4) That the state's ability to proceed against the defendant without the child witness' live testimony would be substantially impaired or precluded.
          (c) The court shall consider the following factors in determining the necessity of allowing a child witness to testify by the use of live, ~~two-way~~ closed-circuit television:
          (1) The age and maturity of the child witness;
          (2) The facts and circumstances of the alleged offense;
          (3) The necessity of the child's live testimony to the prosecution's ability to proceed as well as any prejudice to the Defendant by allowing testimony through closed circuit television;
          (4) Whether or not the facts of the case involve the alleged infliction of bodily injury to the child witness or the threat of bodily injury to the child or another; and
          (5) Any mental or physical handicap of the child witness.
          (d) In determining whether to allow a child witness to testify through live, ~~two-way~~ closed-circuit television the court shall appoint a psychiatrist or a licensed psychologist with at least five years clinical experience ~~or a licensed clinical social worker with at least five years of significant clinical experience in the treatment and evaluation of children~~ who shall serve as an advisor or friend of the court to provide the court with an expert opinion as to whether, to a reasonable degree of professional certainty, the child witness will suffer severe emotional harm, be unable to testify based solely on being in the physical presence of the defendant while testifying and that the child witness does not evidence signs of being subjected to undue influence or coercion. The opinion of the psychiatrist or licensed psychologist ~~or licensed clinical social worker~~ shall be filed with the circuit court at least thirty days prior to the final hearing on the use of live, ~~two-way~~ closed-circuit television and the defendant shall be allowed to review the opinion and present evidence on the issue by the use of an expert or experts or otherwise.
§62-6B-4. Procedures required for taking testimony of child witness by closed-circuit television; election of defendant; jury instruction; sanction for failure to follow procedures; additional accommodation options; recordings and confidentiality.
          (a) If the court determines that the use of live, two-way closed-circuit testimony is necessary and orders its use the defendant may, at any time prior to the child witness being called, elect to absent himself from the courtroom during the child witness' testimony. If the defendant so elects the child shall be required to testify in the courtroom.
          (b) (1) If live, ~~two-way~~ closed-circuit television is used in the testimony of the child witness, he or she shall be taken into the testimonial room and be televised live, by ~~two-way~~ closed- circuit equipment to the view of the defendant, counsel, the court and, if applicable, the jury. The projected image of the defendant shall be visible for child witness to view if he or she chooses to do so and the view of the child witness available to those persons in the courtroom shall include a full body view. Only the prosecuting attorney, the attorney for the defendant and the operator of the equipment may be present in the room with the child witness during testimony. Only the court, the prosecuting attorney and the attorney for the defendant may question the child. In pro se proceedings, the court may modify the provisions of this subdivision relating to the role of the attorney for the defendant to allow the pro se defendant to question the child witness in such a manner as to cause as little psychological trauma as possible under the circumstances. The court shall permit the defendant to observe and hear the testimony of the child witness contemporaneous with the taking of the testimony. The court shall provide electronic means for the defendant and the attorney for the defendant to confer confidentially during the taking of the testimony.
          (2) If the defendant elects to not be physically present in the courtroom during the testimony of the child witness, the defendant shall be taken into the testimonial room and be televised live, by two-way closed-circuit equipment to the view of the finder of fact and others present in the courtroom. The defendant shall be taken to the testimonial room prior to the appearance of the child witness in the courtroom. There shall be made and maintained a recording of the images and sounds of all proceedings which were televised pursuant to this article. While the defendant is in the testimonial room, the defendant shall be permitted to view the live, televised image of the child witness and the image of those other persons in the courtroom whom the court determines the defendant is entitled to view. Only the court, the prosecuting attorney and the attorney for the defendant may question the child. In pro se proceedings, the court may modify the provisions of this subdivision relating to the role of the attorney for the defendant to allow the pro se defendant to question the child witness in such a manner as to cause as little emotional distress as possible under the circumstances The transmission from the courtroom to the testimonial room shall be sufficient to permit the defendant to observe and hear the testimony of the child witness contemporaneous with the taking of the testimony. No proceedings other than the taking of the testimony of the child witness shall occur while the defendant is outside the courtroom. In the event that the defendant elects that the attorney for the defendant remain in the courtroom while the defendant is in the testimonial room, the court shall provide electronic means for the defendant and the attorney for the defendant to confer confidentially during the taking of the testimony.
          (c) In every case where the provisions of the article are used, the jury, at a minimum, shall be instructed, unless such instruction is waived by the defendant, that the use of live, ~~two- way~~ closed-circuit television is being used solely for the child's convenience, that the use of the medium cannot as a matter of law and fact be considered as anything other than being for the convenience of the child witness and that to infer anything else would constitute a violation of the oath taken by the jurors.;
          And,
          By striking out the title and substituting therefor a new title, to read as follows:
          Eng. Com. Sub. for Senate Bill No. 461--A Bill to amend the Code of West Virginia, 1931, as amended, by amending and reenacting §62-6B-2, §62-6B-3 and §62-6B-4 of said code, all relating to child witnesses; allowing for the consideration of testimony by video; increasing the age for which the court may consider allowing for the testimony of a child witness by closed-circuit television for children under the age of sixteen; qualifications of experts which may be appointed to assist the court when reviewing associated motions; and adding to the factors to be considered by the court with regard to associated motions.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Committee Substitute for Senate Bill No. 461, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 461) passed with its House of Delegates amended title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Senate Bill No. 489, Permitting community enhancement districts to decrease annual property assessments.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendments to the bill were reported by the Clerk:
     By striking out everything after the enacting clause and inserting in lieu thereof the following:
     That §16-13E-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 13E. COMMUNITY ENHANCEMENT ACT.
§16-13E-8. Notice to property owners of assessments; correcting and laying assessments; report on project completion; credits.
     (a) Prior to the issuance of assessment bonds or pledging any amounts to payment of tax increment financing obligation debt service, the board shall cause a report to be prepared describing each lot or parcel of land located within the community enhancement district and setting forth the total cost of the project based on the contract with the governmental agency, the accepted bid or bids, or a cost estimate certified by a professional engineer, and all other costs incurred prior to the commencement of construction and the future administrative costs, and the respective amounts chargeable upon each lot or parcel of land and the proper amount to be assessed against the respective lots or parcels of land with a description of the lots and parcels of land as to ownership and location. If two or more different kinds of projects are involved, the report shall set forth the portion of the assessment attributable to each respective project. The board shall thereupon give notice to the owners of real property to be assessed that on or after a date specified in the notice an assessment will be deemed granted against the property. The notice shall state that the owner of assessed property, or other interested party, may on said date appear before the board to move the revision or correction of the proposed assessment and shall show the total cost of the project, whether the assessments will pay for all or part of the total cost of the project and the lots or parcels of property to be assessed and the respective amounts to be assessed against such lots or parcels, with a description of the respective lots and parcels of land as to ownership and location. The notice shall also be published as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication is the assessment district. On or after the date so advertised, the board may revise, amend, correct and verify the report and proceed by resolution to establish the assessments as corrected and verified and shall certify the same to the governing body which created the district.
_____(b) During the pendency of the project, the board may decrease the amount of the assessments certified to the county sheriff for collection following the June 7 certification of those assessments by the community enhancement district to the sheriff as provided by subdivision (6), subsection (b), section six of this article, upon a finding or determination by the community enhancement board that the decrease is necessary or appropriate as the total cost of the project is less than projected or that the need for the assessment amount has decreased under the circumstances, and so certify to the sheriff of the county where the property is located. The modified assessment shall be granted against all property in the district for inclusion in the tax ticket or the preparation of modified tax tickets by that sheriff for the affected parcels.
_____~~(b)~~ (c) Upon completion of a project, the board shall prepare a final report certifying the completion of the project and showing the total cost of the project and whether the cost is greater or less than the cost originally estimated. If the total cost of the project is less or greater than the cost shown in the report prepared prior to construction, the board may revise the assessment charged on each lot or parcel of land pursuant to subsection (a) of this section to reflect the total cost of the project as completed, and in so doing shall, in the case of an assessment increase only, follow the same procedure with regard to notice and providing each owner of assessed property the right to appear before the board to move for the revision or correction of such proposed reassessment as required for the original assessment. If an assessment is decreased, the board shall, by resolution and written notice to the sheriff of the county in which the community enhancement district is located, cause the next installment or installments of assessments then due and payable by each affected property owner to be reduced pro rata, and shall provide written notice to such property owners of the amount of such decrease by the deposit of such notice in the United States mail, postage prepaid.
     ~~(c)~~ (d) The value of the projects financed with the assessments shall be treated as a credit toward any impact fees related to the service or services provided levied under article twenty, chapter seven of this code.;
     And,
     By striking out the title and substituting therefor a new title, to read as follows:
     Eng. Senate Bill No. 489--A Bill to amend and reenact §16-13E-8 of the Code of West Virginia, 1931, as amended, relating to permitting community enhancement districts to decrease the amounts of annual property assessments; providing a process that a community enhancement board is to use to certify the decrease to the county sheriff; requiring that any decrease be included in the tax ticket or a modified tax ticket; and providing that the assessment reduction applies to all property in the district.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Senate Bill No. 489, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 489) passed with its House of Delegates amended title.
     Senator Unger moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 489) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect July 1, 2013, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 498, Relating to hearing location for Alcohol Beverage Control Administration's appeal hearings.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendments to the bill were reported by the Clerk:
     By striking out everything after the enacting section and inserting in lieu thereof the following:
     CHAPTER 11. TAXATION.
ARTICLE 16. NONINTOXICATING BEER.
§11-16-24. Hearing on sanctioning of license; notice; review of action of commissioner; clerk of court to furnish commissioner copy of order or judgment of conviction of licensee; assessment of costs; procedure for appealing any final order of the commissioner which revokes, suspends, sanctions or denies the issuance or renewal of any license issued under this article.
     (a) The commissioner ~~shall~~ may not revoke ~~nor~~ or suspend ~~any~~ a license issued pursuant to this article or impose ~~any civil penalties~~ a civil penalty authorized ~~thereby~~ under this article unless and until a hearing ~~shall be~~ is held after at least ten days' notice to the licensee of the time and place of ~~such~~ the hearing, which notice shall contain a statement or specification of the charges, grounds or reasons for ~~such~~ the proposed contemplated action, and which ~~shall be~~ is served upon the licensee as notices under the West Virginia Rules of Civil Procedure or by certified mail, return receipt requested, to the address for which license was issued; at which time and place, so designated in the notice, the licensee ~~shall have~~ has the right to appear and produce evidence in his or her behalf, and to be represented by counsel.
     (b) The commissioner ~~shall have authority to~~ may summon witnesses in the hearings before him or her, and fees of witnesses summoned on behalf of the state in proceedings to sanction licenses shall be treated as a part of the expenses of administration and enforcement. ~~Such~~ The fees shall be the same as those in similar hearings in the circuit courts of this state. The commissioner may, upon a finding of violation, assess a licensee a sum not to exceed $150 per violation to reimburse the commissioner for expenditures for witness fees, court reporter fees and travel costs incurred in holding the hearing. ~~Any~~ Moneys so assessed shall be transferred to the Nonintoxicating Beer Fund created by section twenty-three of this article.
     (c) If, at the request of the licensee or on his or her motion, the hearing ~~shall be~~ is continued and ~~shall~~ does not take place on the day fixed by the commissioner in the notice ~~above provided for~~ of hearing, then ~~such~~ the licensee's license may be suspended until the hearing and decision of the commissioner, and in the event of revocation or suspension of ~~such~~ the license, upon hearing before the commissioner, the licensee ~~shall not be~~ is not permitted to sell beer pending an appeal as provided by this article. Any person continuing to sell beer after his or her license has been suspended or revoked, as hereinbefore provided, is guilty of a misdemeanor and, shall be punished as provided in section nineteen of this article.
     (d) Notwithstanding the provisions of subsection (b), section four, article five, chapter twenty-nine-a of this code, the action of the commissioner in revoking, or suspending, sanctioning or refusing a license ~~shall be~~ is subject to review by the circuit court of Kanawha County ~~West Virginia,~~ or the circuit court in the county where the proposed or licensed premises is located and will or does conduct sales: Provided, That in all other respects, such review shall be conducted in the manner provided in chapter twenty- nine-a of this code. ~~when such licensee may be aggrieved by such revocation, or suspension~~ The petition for ~~such~~ review must be filed with ~~said~~ the circuit court within ~~a period of~~ thirty days ~~from and after the date of~~ following entry of the final order of revocation, or suspension, sanction or refusal issued by the commissioner. ~~and any~~ An applicant or licensee obtaining an order for ~~such~~ review ~~shall be~~ is required to pay the costs and fees incident to transcribing, certifying and transmitting the records pertaining to ~~such~~ the matter to the circuit court. An application to the Supreme Court of Appeals of West Virginia for a writ of error from any final order of the circuit court in ~~any such~~ the matter shall be made within thirty days from and after the entry of ~~such~~ the final circuit court order.
     (e) All ~~such~~ hearings, upon notice to show cause why license should be revoked, or suspended, sanctioned or refused, before the commissioner shall be held in the offices of the commissioner in Charleston, Kanawha County, ~~West Virginia,~~ unless otherwise provided by the commissioner in ~~such~~ the notice ~~or agreed upon between the licensee and the commissioner; and~~ of hearing. When ~~such~~ the hearing is held elsewhere than in the commissioner's office, the licensee may be required to make deposits of the estimated costs of ~~such~~ the hearing.
     (f) Whenever ~~any~~ a licensee has been convicted of ~~any~~ an offense constituting a violation of the laws of this state or of the United States relating to nonintoxicating beer, or alcoholic liquor, and ~~such~~ the conviction has become final, the clerk of the court in which ~~such~~ the licensee has been convicted shall forward to the commissioner a certified copy of the order or judgment of conviction if ~~such~~ the clerk has knowledge that the person so convicted is a licensee, together with the certification of ~~such~~ the clerk that the conviction is final.
     (g) In the case of a Class B licensee with multiple licensed locations, the commissioner may, in his or her discretion, revoke, suspend or otherwise sanction, per the provisions of section twenty-three of this article, only the license for the location or locations involved in the unlawful conduct for which licensure is sanctioned, as opposed to all separately licensed locations of ~~such~~ the licensee.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.
§60-3A-28. Notice of and hearing on revocation; right of appeal; appeal procedures.
     (a) Before a retail license issued under the authority of this article ~~may be~~ is suspended for a period of more than twenty days, or revoked, the commissioner shall give at least ten days' notice to the retail licensee. Notice shall be in writing, shall state the reason for suspension or revocation and shall designate a time and place for a hearing where the retail licensee may show cause why the retail license should not be suspended or revoked. Notice shall be sent by certified mail to the address for which the retail license was issued. The retail licensee may, at the time designated for the hearing, produce evidence in his or her behalf and be represented by counsel.
     (b) ~~Such~~ The hearing and the administrative procedures prior to, during and following the ~~same shall be~~ hearing are governed by and shall be conducted in accordance with the provisions of article five, chapter twenty-nine-a of this code in like manner as if the provisions of article five were fully set forth in this section.
     (c) Notwithstanding the provisions of subsection (b), section four, article five, chapter twenty-nine-a of this code, any person adversely affected by an a final order entered following ~~such~~ the hearing ~~shall have~~ has the right of judicial review thereof in accordance with the provisions of section four, article five, chapter twenty-nine-a of this code with like effect as if the provisions of said section four were fully set forth in this section by the circuit court of Kanawha County or the circuit court in the county where the proposed or licensed premises is located and will or does conduct sales: Provided, That in all other respects, such review shall be conducted in the manner provided in chapter twenty-nine-a of this code. The petition for the review must be filed with the circuit court within thirty days following entry of the final order issued by the commissioner. An applicant or licensee obtaining the review is required to pay the costs and fees incident to transcribing, certifying and transmitting the records pertaining to the matter to circuit court.
     (d) The judgment of a the circuit court reviewing ~~such~~ the order of the commissioner ~~shall be~~ is final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code.
     (e) Legal counsel and services for the commissioner in all ~~such~~ the proceedings in any circuit court and the Supreme Court of Appeals shall be provided by the Attorney General or his or her assistants and in any proceedings in any circuit court by the prosecuting attorney of that county as well, all without additional compensation.
     (f) Upon final revocation, the commissioner shall proceed to reissue the retail license by following the procedures set forth herein for the initial issuance of a retail license.
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§60-7-13a. Hearing on sanctioning of license; notice; review of action of commissioner; clerk of court to furnish commissioner copy of order or judgment of conviction of licensee; assessment of costs; procedure for appealing any final order of the commissioner which revokes, suspends, sanctions or denies the issuance or renewal of any license issued under this article.
  (a) The commissioner ~~shall~~ may not revoke or suspend ~~any~~ a license issued pursuant to this article or impose ~~any~~ civil penalties authorized ~~thereby~~ under this article unless and until a hearing ~~shall be~~ is held after at least ten days' notice to the licensee of the time and place of ~~such~~ the hearing, which notice shall contain a statement or specification of the charges, grounds or reasons for ~~such~~ the proposed contemplated action, and which ~~shall be~~ is served upon the licensee as notices under the West Virginia Rules of Civil Procedure or by certified mail, return receipt requested, to the address for which license was issued. At ~~which~~ the time and place, so designated in the notice, the licensee ~~shall have~~ has the right to appear and produce evidence in his or her behalf, and to be represented by counsel: Provided, That the commissioner may forthwith suspend ~~any such~~ the license when the commissioner believes the public safety will be adversely affected by the licensee's continued operation.
  (b) The commissioner ~~shall have authority to~~ may summon witnesses in the hearing before him or her, and fees of witnesses summoned on behalf of the state in proceedings to sanction licenses shall be treated as a part of the expenses of administration and enforcement. ~~Such~~ The fees shall be the same as those in similar hearings in the circuit courts of this state. The commissioner may, upon a finding of violation, assess a licensee a sum, not to exceed $150 per violation, to reimburse the commissioner for expenditures of witness fees, court reporter fees and travel costs incurred in holding the hearing. ~~Any moneys~~ Moneys so assessed shall be transferred to the Alcohol Beverage Control Enforcement Fund created by section thirteen of this article.
  (c) If, at the request of the licensee or on his or her motion, the hearing ~~shall be~~ is continued and ~~shall~~ does not take place on the day fixed by the commissioner in the notice ~~above provided for~~ of hearing, then ~~such~~ the licensee's license may be suspended until the hearing and decision of the commissioner, and in the event of revocation or suspension of ~~such~~ the license, upon hearing before the commissioner, the licensee ~~shall not be~~ is not permitted to sell alcoholic liquor or nonintoxicating beer pending an appeal as provided by this article. Any person continuing to sell alcoholic liquor or nonintoxicating beer after his or her license has been suspended or revoked, as ~~hereinbefore~~ provided in this section, is guilty of a misdemeanor and, shall be punished as provided in section twelve of this article.
  (d) Notwithstanding the provisions of subsection (b), section four, article five, chapter twenty-nine-a of this code, the action of the commissioner in revoking, or suspending, sanctioning or refusing a license ~~shall be~~ is subject to review by the circuit court of Kanawha County ~~West Virginia,~~ or the circuit court in the county where the proposed or licensed premises is located and will or does conduct sales: Provided, That in all other respects, such review shall be conducted in the manner provided in chapter twenty- nine-a of this code. ~~when such licensee may be aggrieved by such revocation, or suspension~~ The petition for ~~such~~ review must be filed with ~~said~~ the circuit court within ~~a period of~~ thirty days ~~from and after the date of~~ following entry of the final order of revocation, or suspension, sanction or refusal issued by the commissioner. ~~and any~~ A licensee obtaining an order for ~~such~~ the review ~~shall be~~ is required to pay the costs and fees incident to transcribing, certifying and transmitting the records pertaining to ~~such~~ the matter to the circuit court. An application to the Supreme Court of Appeals of West Virginia for a writ of error from any final order of the circuit court in ~~any such~~ the matter shall be made within thirty days from and after the entry of ~~such~~ the final circuit court order.
  (e) All such hearings, upon notice to show cause why license should be revoked, or suspended, sanctioned or refused, before the commissioner shall be held in the offices of the commissioner in Charleston, Kanawha County, ~~West Virginia,~~ unless otherwise provided by the commissioner in ~~such~~ the notice ~~or agreed upon between the licensee and the commissioner and~~ of hearing. When ~~such~~ the hearing is held elsewhere than in the commissioner's office, the licensee may be required to make deposits of the estimated costs of ~~such~~ the hearing.
  (f) Whenever any licensee has been convicted of ~~any~~ an offense constituting a violation of the laws of this state or of the United States relating to alcoholic liquor, or nonintoxicating beer, and ~~such~~ the conviction has become final, the clerk of the court in which ~~such~~ the licensee has been convicted shall forward to the commissioner a certified copy of the order or judgment of conviction if ~~such~~ the clerk has knowledge that the person so convicted is a licensee, together with the certification of ~~such~~ the clerk that the conviction is final. The commissioner shall report violations of any of the provisions of section twelve or twelve-a of this article to the prosecuting attorney of the county in which the licensed premises is located.
ARTICLE 8. SALE OF WINES.
§60-8-18. Revocation, suspension and other sanctions which may be imposed by the commissioner upon the licensee; procedure for appealing any final order of the commissioner which revokes, suspends, sanctions or denies the issuance or renewal of any license issued under this article.
  (a) The commissioner may on his or her own motion, or shall on the sworn complaint of any person, conduct an investigation to determine if any provisions of this article or any rule promulgated or any order issued by the commissioner has been violated by any licensee. After investigation, the commissioner may impose penalties and sanctions as set forth below.
  (1) If the commissioner finds that the licensee has violated any provision of this article or any rule promulgated or order issued by the commissioner, or if the commissioner finds the existence of any ground on which a license could have been refused, if the licensee were then applying for a license, the commissioner may:
  (A) Revoke the licensee's license;
  (B) Suspend the licensee's license for a period determined by the commissioner not to exceed twelve months; or
  (C) Place the licensee on probation for a period not to exceed twelve months; and
  (D) Impose a monetary penalty not to exceed $1,000 for each violation where revocation is not imposed.
  (2) If the commissioner finds that a licensee has willfully violated any provision of this article or any rule promulgated or any order issued by the commissioner, the commissioner shall revoke the licensee's license.
  (b) If a supplier or distributor fails or refuses to keep in effect the bond required by section twenty-nine of this article, the commissioner shall automatically suspend the supplier or distributor's license until the bond required by section twenty of this article is furnished to the commissioner, at which time the commissioner shall vacate the suspension.
  (c) Whenever the commissioner refuses to issue a license, or suspends or revokes a license, places a licensee on probation or imposes a monetary penalty, he or she shall enter an order to that effect and cause a copy of the order to be served in person or by certified mail, return receipt requested, on the licensee or applicant.
  (d) ~~Any~~ An applicant or licensee, as the case may be, adversely affected by the order has a right to a hearing before the commissioner if a written demand for hearing is served upon the commissioner within ten days following the receipt of the commissioner's order by the applicant or licensee. Timely service of a demand for a hearing upon the commissioner operates to suspend the execution of the order with respect to which a hearing has been demanded, except an order suspending a license under the provisions of subsection (b) of this section. The person demanding a hearing shall give security for the cost of the hearing in a form and amount as the commissioner may reasonably require. If the person demanding the hearing does not substantially prevail in ~~such~~ the hearing or upon judicial review thereof as provided in subsections (g) and (h) of this section, then the costs of the hearing shall be assessed against him or her by the commissioner and may be collected by an action at law or other proper remedy.
  (e) Upon receipt of a timely served written demand for a hearing, the commissioner shall immediately set a date for the hearing and notify the person demanding the hearing of the date, time and place of the hearing, which shall be held within thirty days after receipt of the demand. At the hearing the commissioner shall hear evidence and thereafter enter an order supporting by findings of facts, affirming, modifying or vacating the order. Any such order is final unless vacated or modified upon judicial review thereof.
  (f) The hearing and the administrative procedure prior to, during and following the hearing shall be governed by and in accordance with the provisions of article five, chapter twenty- nine-a of this code.
  (g) ~~Any~~ Notwithstanding the provisions of subsection (b), section four, article five, chapter twenty-nine-a of this code, an applicant or licensee adversely affected by an a final order entered following a hearing has the right of judicial review of the order ~~in accordance with the provisions of section four, article five, chapter twenty-nine-a of this~~ code in the circuit court of Kanawha County ~~West Virginia~~ or the circuit court in the county where the proposed or licensed premises is located and will or does conduct sales: Provided, That in all other respects, such review shall be conducted in the manner provided in chapter twenty-nine-a of this code. The petition for the review must be filed with the circuit court within thirty days following entry of the final order issued by the commissioner. An applicant or licensee obtaining judicial review is required to pay the costs and fees incident to transcribing, certifying and transmitting the records pertaining to the matter to circuit court.
  (h) The judgment of the ~~Kanawha County~~ circuit court reviewing the order of the commissioner is final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals in accordance with the provisions of section one, article six, chapter twenty- nine-a of this code.
  (i) Legal counsel and services for the commissioner in all proceedings in any circuit court and the Supreme Court of Appeals shall be provided by the Attorney General or his or her assistants and in any proceedings in any circuit court by the prosecuting attorney of that county as well, all without additional compensation.;
  And,
  By striking out the title and substituting therefor a new title, to read as follows:
  Eng. Com. Sub. for Com. Sub. for Senate Bill No. 498--A Bill to amend and reenact §11-16-24 of the Code of West Virginia, 1931, as amended; to amend and reenact §60-3A-28 of said code; to amend and reenact §60-7-13a of said code; and to amend and reenact §60-8- 18 of said code, all relating to hearing and appeal procedures for certain licenses issued by the Alcohol Beverage Control Administration; requiring that appeals from commissioner's decision to refuse to issue or renew certain licenses be brought in the circuit court of Kanawha Country or the circuit court in the county where the licensed premises is proposed to be located or conduct sales; requiring that appeals from the commissioner's decision regarding disciplinary action against a licensee are to be brought in the circuit court of Kanawha County or the circuit court in the county where the proposed or licensed premises is located or does conduct sales; and providing that the licensee appealing the commissioner's decision is required to pay the costs and fees incident to transcribing, certifying and transmitting records pertaining to the appeal.
  On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
  Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 498, as amended by the House of Delegates, was then put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 498) passed with its House of Delegates amended title.
  Senator Unger moved that the bill take effect July 1, 2013.
  On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 498) takes effect July 1, 2013.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amended title, passage as amended, of
  Eng. Com. Sub. for House Bill No. 2046, Requiring wireless telecommunications companies to release location information of a missing person's cell phone in a timely manner; the "Kelsey Smith Act".
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
  Eng. Com. Sub. for House Bill No. 2399, Protecting livestock in dire or extreme condition.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, of
  Eng. Com. Sub. for House Bill No. 2490, Providing for the appointment of veterans advocates at state institutions of higher education.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
  Eng. Com. Sub. for House Bill No. 2491, Establishing a uniform course completion policy for veteran students called up for active duty.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, of
  Eng. Com. Sub. for House Bill No. 2512, Reforming the state Medicaid subrogation statute.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
  Eng. Com. Sub. for House Bill No. 2514, Lowering the total amount of tax credits available under the Film Industry Investment Act.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, to take effect from passage, of
  Eng. Com. Sub. for House Bill No. 2571, Relating to who may serve as members of the environmental quality board.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, to take effect July 1, 2013, of
  Eng. Com. Sub. for House Bill No. 2577, Relating to the practice of pharmacist care.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
  Eng. Com. Sub. for House Bill No. 2579, Revising state water quality standard for Selenium.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
  Eng. Com. Sub. for House Bill No. 2590, Creating a public nonprofit corporation and governmental instrumentality to collectively address several environmental and economic development programs.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, of
  Eng. Com. Sub. for House Bill No. 2608, Requiring appraisal management companies to be registered.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, to take effect from passage, of
  Eng. Com. Sub. for House Bill No. 2626, Authorizing the Department of Military Affairs and Public Safety to promulgate Legislative Rules.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
  Eng. Com. Sub. for House Bill No. 2762, Creating an exemption from licensure as an adjuster for certain individuals who conduct data entry into an automated claims adjudication system.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
  Eng. House Bill No. 2780, Relating generally to multidisciplinary team meetings for juveniles committed to the custody of the West Virginia Division of Juvenile Services.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
  Eng. Com. Sub. for House Bill No. 2806, Relating to administrative remedies for prisoners generally.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, of
  Eng. Com. Sub. for House Bill No. 2825, Relating to certain appointive state officers salaries.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
  Eng. Com. Sub. for House Bill No. 3135, Relating generally to voting system certification and procedures at the central counting center.
  At the request of Senator Plymale, and by unanimous consent, the Senate returned to the second order of business and the introduction of guests.
  The Senate again proceeded to the sixth order of business.
  At the request of Senator Kirkendoll, unanimous consent being granted, Senators Kirkendoll, Kessler (Mr. President), Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams and Yost offered the following resolution from the floor:
  Senate Resolution No. 69--Recognizing July 16 as "Atomic Veterans Day of Remembrance" in West Virginia.
  Whereas, On July 16, 1945, the world's first atomic bomb, code-named "Trinity", was detonated in Alamogordo, New Mexico, and from that date until June 12, 1963, there were 1,054 nuclear devices detonated in tests considered vital to our national security, and approximately 750,000 U. S. military and civilian personnel participated in these experimental endeavors; and
  Whereas, Many of the nation's veterans, including residents of West Virginia, were subjected to varying amounts of radiation because of this testing of atomic weapons; and
  Whereas, The potential harm to these veterans was unknown at the time of the testing, resulting in the exposure of many veterans to harmful doses of radiation and causing them to suffer debilitating, degenerative diseases that affect the veterans and their descendants; and
  Whereas, Veterans who were early test subjects were required to sign an oath of secrecy regarding their involvement in the atomic testing, preventing these veterans from informing the Veterans Health Administration of their medical problems that resulted from radiation until 1996, when these veterans were released from their oaths of secrecy; and
  Whereas, In 1979, the National Association of Atomic Veterans was created to locate these veterans, to honor the sacrifices they made and to help these veterans and their families in obtaining medical treatment and assistance; and
  Whereas, By engaging in a national research and education effort for atomic war veterans, the National Association of Atomic Veterans is promoting early detection of medical problems and research and documentation of the connection between radiation exposure and resultant cancer and other debilitating, degenerative diseases and genetic mutations; and
  Whereas, In the time since these detonations, roughly fifty percent of the men and women who participated in the testing have experienced the harmful effects of exposure to ionizing radiation, yet these veterans who were injured in the line of duty received no medals because they were not in combat; and
  Whereas, The number of members in this group is rapidly decreasing because of the age of these veterans, and thus it is important to recognize these individuals who sacrificed so much in serving our country and who are deserving of our immense gratitude; therefore, be it
  Resolved by the Senate:
  That the Senate hereby recognizes July 16 as "Atomic Veterans Day of Remembrance" in West Virginia; and, be it
  Further Resolved, That the Senate encourages the Governor, the Department of Veterans' Assistance and all West Virginians to take part in this significant observance; and, be it
  Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Haskell Watts, Jr., West Virginia State Commander of the National Association of Atomic Veterans, the Secretary of the West Virginia Department of Veterans' Assistance and the Governor of West Virginia.
  At the request of Senator Kirkendoll, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
  On motion of Senator Unger, the Senate recessed for one minute.
  Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
  Senators Cann, Barnes, Facemire, Green, D. Hall, Kirkendoll, McCabe, Tucker, Walters, Wells, Yost and Williams offered the following resolution:
  Senate Concurrent Resolution No. 76--Urging Congress to update the Renewable Fuel Standard to allow a broader range of domestic fuel sources, such as natural gas and coal, to be used to make liquid ethanol.
  Whereas, The United States needs a balanced and sensible domestic energy policy; and
  Whereas, Reducing dependence on foreign oil is not only a matter of national security, but a significant opportunity to enhance economic prosperity and job growth in West Virginia; and
  Whereas, Today there are multiple routes to ethanol, including traditional fossil fuels such as natural gas and coal, which are plentiful in West Virginia and several other states in the country; and
  Whereas, West Virginia is committed to being a leader in development of a sustainable national energy policy; therefore, be it
  Resolved by the Legislature of West Virginia:
  That the Legislature hereby Urges Congress to update the Renewable Fuel Standard to allow a broader range of domestic fuel sources, such as natural gas and coal, to be used to make liquid ethanol; and, be it
  Further Resolved, That the Legislature of West Virginia urges Congress to pass legislation that promotes growth of domestic alternative fuel sources and reduces dependence on foreign oil; and, be it
  Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to members of the United States Senate representing West Virginia; to members of the West Virginia Congressional delegation; to the President of the United States Senate; and to the Speaker of the United States House of Representatives.
  At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.
  The question being on the adoption of the resolution, the same was put and prevailed.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Senators Unger and Williams offered the following resolution:
  Senate Concurrent Resolution No. 77--Requesting the Joint Committee on Government and Finance authorize a study of alternative and renewable energy sources, incentives and opportunities including those expressed in the Governor's five-year energy plan published in 2013.
  Whereas, The Legislature has expressed support of the solar industry over the past five years, including Senate Bill 465 that provided an alternative infrastructure and vehicle tax credit in 2011 including electricity from solar; and
  Whereas, Alternative and renewable energy portfolio standards need to be improved to include language which establishes a solar renewable energy credit system; and
  Whereas, The soft costs associated with solar energy represent an impediment to certain growth of the industry and evaluating appropriate incentives, tax credits and economic stimulus funding sources will promote job growth and energy independence in this state; and
  Whereas, Once alternative and renewable energy options are fully investigated and identified the solar industry will be able to thrive and grow in the future and provide for a more diverse energy sector; and
  Whereas, A study on how the solar industry can benefit the state including appropriate programs that promote the solar energy sector, providing appropriate incentives in order to encourage a manufacturer to locate a domestic solar facility in this state and providing incentives for institutions of higher education to conduct research and development to help establish West Virginia as a leader in the United States for solar energy projects; therefore, be it
  Resolved by the Legislature of West Virginia:
  That the Joint Committee on Government and Finance is hereby requested to authorize a study of alternative and renewable energy sources, incentives and opportunities including those expressed in the Governor's five-year energy plan published in 2013; and, be it
  Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
  Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
  At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration and referred to the Committee on Rules.
  Senators Snyder and Williams offered the following resolution:
  Senate Concurrent Resolution No. 78--Requesting the Joint Committee on Government and Finance study the merits of authorizing the Public Service Commission to oversee Internet service providers as public utilities; to establish, prescribe and enforce rates and fees for providers of high-speed Internet services; and to regulate the quality, reliability and availability of Internet services throughout the state.
  Whereas, Innovation and rapidly developing technologies are leading to increasing use of interactive content and audio and video streaming that require higher network bandwidth than is available through the telephone dial-up Internet access method; and   Whereas, The availability of affordable, reliable, high- quality Internet network access is an important factor in the development of a competitive workforce, a dynamic business environment, educational achievement and the economic health of residential communities; and
  Whereas, The use of Internet services has expanded rapidly in the past twenty years and is highly likely to continue to expand to such extent as to make a commodity of access to Internet services; and
  Whereas, In many areas of this state there is very little effective competition to encourage and stimulate price competition among Internet service providers; and
  Whereas, Rates for Internet service providers vary widely from state to state and consumers in adjoining states have been able to pay lower rates for similar services than consumers in West Virginia in comparable geographic circumstances; and
  Whereas, There is currently no state regulation or oversight of Internet service providers in this state; and
  Whereas, It is in the public interest to provide a forum for customers of Internet service providers to comment on rate structures and rate proposals, and to submit grievances regarding the provision of Internet network services and dealings with service providers; therefore, be it
  Resolved by the Legislature of West Virginia:
  That the Joint Committee on Government and Finance is hereby requested to study the merits of authorizing the Public Service Commission to oversee Internet service providers as public utilities; to establish, prescribe and enforce rates and fees for providers of high-speed Internet services; and to regulate the quality, reliability and availability of Internet services throughout the state; and, be it
  Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
  Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
  At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration and referred to the Committee on Rules.
Petitions
  Senator Jenkins presented a petition from Jennifer Butler and numerous Kenova residents, requesting a new Kenova Elementary School building.
  Referred to the Committee on Education.
  Senator Jenkins presented a petition from Linda West and one hundred fifty Ebenezer Medical Outreach patients, opposing state budget cuts to Health Right Free Clinics.
  Referred to the Committee on Health and Human Resources.
  On motion of Senator Unger, the Senate recessed until 7:30 p.m. tonight.
Night Session
  Upon expiration of the recess, the Senate reconvened and, at the request of Senator Unger, unanimous consent being granted, returned to the second order of business and the introduction of guests.
  The Senate again proceeded to the fifth order of business.
Filed Conference Committee Reports
  The Clerk announced the following conference committee report had been filed at 7:51 p.m. tonight:
  Eng. Com. Sub. for Senate Bill No. 265, Authorizing DHHR promulgate legislative rules.
  The Clerk announced the following conference committee report had been filed at 7:52 p.m. tonight:
  Eng. Com. Sub. for Senate Bill No. 435, Continuing Municipal Home Rule Pilot Program.
  Without objection, the Senate returned to the third order of business.
  A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
  Eng. Com. Sub. for Senate Bill No. 172, Relating to nonintoxicating beer distributor licensees.
  On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
  The following House of Delegates amendments to the bill were reported by the Clerk:
  By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 16. NONINTOXICATING BEER.
§11-16-3. Definitions.
          For the purpose of this article, except where the context clearly requires differently:
          (1) "Brewer" or "manufacturer" means any person, firm, association, partnership or corporation manufacturing, brewing, mixing, concocting, blending, bottling or otherwise producing or importing or transshipping from a foreign country nonintoxicating beer or nonintoxicating craft beer for sale at wholesale to any licensed distributor.
          (2) "Brewpub" means a place of manufacture of nonintoxicating beer owned by a resident brewer, subject to federal and state regulations and guidelines, a portion of which premises are designated for retail sales of nonintoxicating beer or nonintoxicating craft beer by the resident brewer owning the brewpub.
          (3) "Class A retail license" means a retail license permitting the retail sale of liquor at a freestanding liquor retail outlet licensed pursuant to chapter sixty of this code.
          (4) "Commissioner" means the West Virginia Alcohol Beverage Control Commissioner.
          (5) "Distributor" means and includes any person jobbing or distributing nonintoxicating beer or nonintoxicating craft beer to retailers at wholesale and whose warehouse and chief place of business shall be within this state. For purposes of a distributor only, the term "person" means and includes an individual, firm, trust, partnership, limited partnership, limited liability company, association or corporation. Any trust licensed as a distributor or any trust that is an owner of a distributor licensee, and the trustee or other persons in active control of the activities of the trust relating to the distributor license, is liable for acts of the trust or its beneficiaries relating to the distributor license that are unlawful acts or violations of article eleven of this chapter notwithstanding the liability of trustees in article ten, chapter forty-four-d of this code.
          (6) "Freestanding liquor retail outlet" means a retail outlet that sells only liquor, beer, nonintoxicating beer and other alcohol-related products, as defined pursuant to section four, article three-a, chapter sixty of this code.
          (7) "Growler" means a glass ceramic or metal container or jug, capable of being securely sealed, utilized by a brewpub for purposes of off-premise sales of nonintoxicating beer or nonintoxicating craft beer for personal consumption not on a licensed premise and not for resale.
__________~~(7)~~ (8) "Nonintoxicating beer" means all natural cereal malt beverages or products of the brewing industry commonly referred to as beer, lager beer, ale and all other mixtures and preparations produced by the brewing industry, including malt coolers and nonintoxicating craft beers with no caffeine infusion or any additives masking or altering the alcohol effect containing at least one half of one percent alcohol by volume, but not more than nine and six-tenths of alcohol by weight, or twelve percent by volume, whichever is greater. ~~all of which are hereby declared to be nonintoxicating and~~ The word "liquor" as used in chapter sixty of this code ~~shall not be construed to~~ does not include or embrace nonintoxicating beer nor any of the beverages, products, mixtures or preparations included within this definition.
          ~~(8)~~ (9) "Nonintoxicating beer sampling event" means an event approved by the commissioner for a Class A retail licensee to hold a nonintoxicating beer sampling authorized pursuant to section eleven-a of this article.
          ~~(9)~~ (10) "Nonintoxicating beer sampling day" means any days and hours of the week where Class A retail licensees may sell nonintoxicating beer pursuant to subdivision (1), subsection (a), section eighteen of this article, and is approved, in writing, by the commissioner to conduct a nonintoxicating beer sampling event.
          ~~(10)~~ (11) "Nonintoxicating craft beer" means any beverage obtained by the natural fermentation of barley, malt, hops or any other similar product or substitute and containing not less than one half of one percent by volume and not more than twelve percent alcohol by volume or nine and six-tenths percent alcohol by weight with no caffeine infusion or any additives masking or altering the alcohol effect.
          ~~(11)~~ (12) "Original container" means the container used by the brewer at the place of manufacturing, bottling or otherwise producing nonintoxicating beer for sale at wholesale.
          ~~(12)~~ (13) "Person" means and includes an individual, firm, partnership, limited partnership, limited liability company, association or corporation.
          ~~(13)~~ (14) "Resident brewer" means any ~~person, firm, partnership, limited partnership, association or corporation whose principal place of business is in this state~~ brewer or manufacturer of nonintoxicating beer or nonintoxicating craft beer whose principal place of business and manufacture is located in the State of West Virginia and which does not brew or manufacture more than twenty-five thousand barrels of nonintoxicating beer or nonintoxicating craft beer annually, and does not self-distribute more than ten thousand barrels thereof in the State of West Virginia annually.
__________~~(14)~~ (15) "Retailer" means any person selling, serving or otherwise dispensing nonintoxicating beer and all products regulated by this article, including, but not limited to, ~~any malt cooler,~~ malt coolers at his or her established and licensed place of business.
          ~~(15)~~ (16) "Tax Commissioner" means the Tax Commissioner of the State of West Virginia or the commissioner's designee.
§11-16-8. Form of application for license; fee and bond; refusal of license.
               (a) A license may be issued by the commissioner to any person who submits an application, ~~therefore,~~ accompanied by a license fee and, where required, a bond, ~~stating~~ and states under oath:
               (1) The name and residence of the applicant, the duration of such residency, that the applicant has been a resident of the state for a period of two years ~~next~~ preceding the date of the application and that the applicant is twenty-one years of age. If the applicant is a firm, association, partnership, limited partnership, limited liability company or corporation, the application shall include the residence of the members or officers for a period of two years ~~next~~ preceding the date of such application. ~~Provided,~~ ~~That if any~~ If a person, firm, partnership, limited partnership, ~~association or corporation~~ limited liability company, association, corporation or trust applies for a license as a distributor, such person, or in the case of a firm, partnership, limited partnership, ~~or association, the members or officers thereof~~ limited liability company, association or trust, the members, officers, trustees or other persons in active control of the activities of the limited liability company, association or trust relating to the license, shall state under oath that each has been a bona fide resident of the state for four years preceding the date of such application. If the applicant is a trust or has a trust as an owner, the trustees or other persons in active control of the activities of the trust relating to the license shall provide a certification of trust as described in section one-thousand-thirteen, article ten, chapter forty-four-d of this code. This certification of trust shall include the excerpts described in subsection (e), section one thousand thirteen, article ten, chapter forty-four-d of this code and shall further state, under oath, the names, addresses, Social Security numbers and birth dates of the beneficiaries of the trust and certify that the trustee and beneficiaries are twenty-one years of age or older. If a beneficiary is not twenty-one years of age, the certification of trust must state that such beneficiary's interest in the trust is represented by a trustee, parent or legal guardian who is twenty-one years of age and who will direct all actions on behalf of such beneficiary related to the trust with respect to the distributor until the beneficiary is twenty-one years of age. Any beneficiary who is not twenty-one years of age or older shall have his or her trustee, parent or legal guardian include in the certification of trust and state under oath his or her name, address, Social Security number and birth date.
               (2) The place of birth of applicant, that he or she is a citizen of the United States and of good moral character and, if a naturalized citizen, when and where naturalized. ~~and, if~~ If the applicant is a corporation organized or authorized to do business under the laws of the state, the application must state when and where incorporated, ~~with~~ the name and address of each officer and that each officer is a citizen of the United States and a person of good moral character. ~~and if a firm, association, partnership or limited partnership,~~ If the applicant is a firm, association, limited liability company, partnership, limited partnership, trust or has a trust as an owner, the application shall provide the place of birth of each member of the firm, association, ~~partnership or limited partnership and that each member~~ limited liability company, partnership or limited partnership and of the trustees, beneficiaries or other persons in active control of the activities of the trust relating to the license and that each member or trustee, beneficiary or other persons in active control of the activities of the trust relating to the license is a citizen of the United States and if a naturalized citizen, when and where naturalized, each of whom must qualify and sign the application. ~~Provided,~~ ~~That the~~ The requirements as to residence ~~shall~~ do not apply to the officers of a corporation ~~which shall apply~~ applying for a retailer's license but the officers, agent or employee who ~~shall manage and be in charge~~ manages and is in charge of the licensed premises shall possess all of the qualifications required of an individual applicant for a retailer's license including the requirement as to residence;
               (3) The particular place for which the license is desired and a detailed description thereof;
               (4) The name of the owner of the building and, if the owner is not the applicant, that ~~such~~ the applicant is the actual and bona fide lessee of the premises;
               (5) That the place or building in which is proposed to do business conforms to all applicable laws of health, fire and zoning regulations ~~applicable thereto,~~ and is a safe and proper place or building ~~and is~~ not within three hundred feet of ~~any~~ a school or church measured from front door to front door, along the street or streets. ~~Provided,~~ ~~That this~~ This requirement ~~shall~~ does not apply to a Class B license or to ~~any~~ a place ~~now~~ occupied by a beer licensee so long as it is continuously so occupied. ~~Provided, however,~~ ~~That the~~ The prohibition against locating ~~any such~~ a proposed business in a place or building within three hundred feet of ~~any~~ a school ~~shall~~ does not apply to ~~any~~ a college or university that has notified the commissioner, in writing, that it has no objection to the location of ~~any such~~ a proposed business in a place or building within three hundred feet of ~~such~~ the college or university;
               (6) That the applicant is not incarcerated and has not during the five years ~~immediately~~ preceding the date of said application been convicted of a felony;
               (7) That the applicant is the only person in any manner pecuniarily interested in the business so asked to be licensed and that no other person ~~shall be~~ is in any manner pecuniarily interested ~~therein~~ during the continuance of the license; and
               (8) That the applicant has not during five years ~~next immediately~~ preceding the date of ~~said~~ the application had a nonintoxicating beer license revoked.
               (b) In the case of an applicant that is trust or has a trust as an owner, a distributor license may be issued only upon submission by the trustees or other persons in active control of the activities of the trust relating to the distributor license of a true and correct copy of the written trust instrument to the commissioner for his or her review. Notwithstanding any provision of law to the contrary, the copy of the written trust instrument submitted to the commissioner pursuant to this section is confidential and is not a public record and is not available for release pursuant to the West Virginia Freedom of Information Act codified in article one, chapter twenty-nine-b of this code.
_______________(c) The provisions and requirements of subsection (a) of this section are mandatory prerequisites for the issuance, and ~~in the event~~ if any applicant fails to qualify ~~under the same~~, the license shall be refused. In addition to the information furnished in any application, the commissioner may make such additional and independent investigation of each applicant and of the place to be occupied as ~~deemed~~ necessary or advisable and, for this reason, ~~each and~~ all applications, with license fee and bond, must be filed thirty days prior to the beginning of any fiscal year. ~~and if~~ If the application is for an unexpired portion of ~~any~~ a fiscal year, the issuance of license may be withheld for such reasonable time as necessary for investigation.
               ~~(c)~~ (d) The commissioner may refuse a license to any applicant under the provisions of this article if the commissioner ~~shall be~~ is of the opinion:
               (1) That the applicant is not a suitable person to be licensed;
               (2) That the place to be occupied by the applicant is not a suitable place or is within three hundred feet of any school or church measured from front door to front door along the street or streets. ~~Provided,~~ ~~That this~~ This requirement ~~shall~~ does not apply to a Class B licensee or to ~~any~~ a place now occupied by a beer licensee so long as it is continuously so occupied. ~~Provided, however,~~ ~~That the~~ The prohibition against locating any such place ~~to be occupied by an applicant~~ within three hundred feet of ~~any~~ a school ~~shall~~ does not apply to ~~any~~ a college or university that has notified the commissioner, in writing, that it has no objection to the location of any such place within three hundred feet; ~~of such college or university;~~ or
               (3) That the license should not be issued for reason of conduct declared to be unlawful by this article.;
               And,
               By striking out the title and substituting therefor a new title, to read as follows:
               Eng. Com. Sub. for Senate Bill No. 172--A Bill to amend and reenact §11-16-3 and §11-16-8 of the Code of West Virginia, 1931, as amended, all relating to the Nonintoxicating Beer Act generally; defining terms; expanding the definition of "person" for purposes of holding a nonintoxicating beer distributorship; allowing trusts, limited liability companies and associations to hold a distributor's license; and requiring certain disclosures by applicants that are trusts, limited liability companies or associations.
               On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
               Engrossed Committee Substitute for Senate Bill No. 172, as amended by the House of Delegates, was then put upon its passage.
               On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
               The nays were: None.
               Absent: None.
               So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 172) passed with its House of Delegates amended title.
               Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
               A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendment, as to
               Eng. Com. Sub. for Senate Bill No. 270, Authorizing Department of Revenue promulgate legislative rules.
               On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
               The following House of Delegates amendment to the bill was reported by the Clerk:
               By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 7. AUTHORIZATION FOR DEPARTMENT OF REVENUE TO PROMULGATE LEGISLATIVE RULES.
§64-7-1. Insurance Commissioner.
               The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section five, article twenty-five-g, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 18, 2012, relating to the Insurance Commissioner (provider sponsored networks, 114 CSR 43A), is authorized with the following amendments:
               On page one, subsection 2.1., by striking out "ths" and inserting in lieu thereof the word "this";
               And,
               On page two, paragraph 4.3.b.1., after the words "financial statements" by adding the words "that reflect positive net worth".
§64-7-2. Athletic Commission.
               The legislative rule filed in the State Register on August 27, 2012, authorized under the authority of section three-a, article five-a, chapter twenty-nine of this code, modified by the Athletic Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 18, 2012, relating to the Athletic Commission (mixed martial arts, 177 CSR 2), is authorized with the following amendments:
               On page four, section five, line one, after the number 2500, by inserting a period and striking out the remainder of the sentence;
               On page four, section six, line four, by striking out the dollar amount $35,000 and inserting in lieu thereof, the dollar amount $10,000;
               On page six, section eight, subsection 8.1, line five, by striking out the dollar amount $30,000 and inserting in lieu thereof, the dollar amount $20,000;
               And,
               On page six, section eight, subsection 8.2, line two, by striking out the dollar amount $30,000 and inserting in lieu thereof, the dollar amount $20,000.
§64-7-3. Racing Commission.
               (a) The legislative rule filed in the State Register on August 27, 2012, authorized under the authority of section six, article twenty-three, chapter nineteen of this code, modified by the Racing Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 4, 2012, relating to the Racing Commission (thoroughbred racing, 178 CSR 1), is authorized with the following amendments:
               On page thirty-seven, subdivision 24.1.i, by striking out the word "sixteen (16)" and inserting in lieu thereof the word "eighteen (18)";
               And,
               On page thirty-seven, subdivision 24.l.1, following the word "age" by inserting the following language: ": Provided, except that an occupational permit may be granted at sixteen (16) years of age for the children or grandchildren of licensed permit holders; licensed permit holders being defined for the purposes of this subdivision as owners, breeders, trainers and veterinarians".
               (b) The legislative rule filed in the State Register on August 27, 2012, authorized under the authority of section six, article twenty-three, chapter nineteen of this code, relating to the Racing Commission (greyhound racing, 178 CSR 2), is authorized.
               (c) The legislative rule filed in the State Register on August 27, 2012, authorized under the authority of section six, article twenty-three, chapter nineteen of this code, relating to the Racing Commission (pari-mutuel wagering, 178 CSR 5), is authorized.
§64-7-4. Lottery Commission.
               The legislative rule filed in the State Register on August 10, 2012, authorized under the authority of section five, article twenty-two, chapter twenty-nine of this code, modified by the Lottery Commission to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on December 20, 2012, relating to the Lottery Commission (state lottery rules, 179 CSR 1), is authorized.
§64-7-5. State Tax Department.
               The legislative rule filed in the State Register on August 30, 2012, authorized under the authority of section five, article one- c, chapter eleven of this code, modified by the State Tax Department to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 6, 2012, relating to the State Tax Department (valuation of commercial and industrial real and personal property for ad valorem property tax purposes, 110 CSR 1P), is authorized, with the following amendments:
               On page one, subsection 1.1, beginning on line ten, by striking out subsection 1.1 in its entirety and inserting in lieu thereof the following:
               1.1 Scope. - These regulations clarify and implement State law as it relates to the appraisal at market value of commercial and industrial real and personal property under W. Va. Code §11-10C-10. Because these regulations provide context modifications of relevant parts of 110 C.S.R. 1 and such regulations with context modifications were adopted by the Tax Commissioner through inclusion in the valuation plan required by W. Va. Code §11-1C-10(e), W. Va. Code §11-1C-5(b) eliminated the requirement that this filing be subject to the proceeding requirements of W. Va. Code §29A-3-1 et seq.;
               And,
               On page two, subsection 2.14, line twenty-four, following the words "remaining in", by striking out the words "the landlord" and inserting in lieu thereof the word "one".
               On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
               Engrossed Committee Substitute for Senate Bill No. 270, as amended by the House of Delegates, was then put upon its passage.
               On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
               The nays were: Prezioso--1.
               Absent: None.
               So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 270) passed with its title.
               Senator Unger moved that the bill take effect from passage.
               On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
               The nays were: Prezioso--1.
               Absent: None.
               So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 270) takes effect from passage.
               Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
               A message from The Clerk of the House of Delegates announced the amendments by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendments, as to
               Eng. Com. Sub. for Senate Bill No. 564, Increasing minimum construction cost of municipal public works project before competitive bidding is required.
               On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
               The following House of Delegates amendments to the bill were reported by the Clerk:
               On page three, section five, line twenty-five, by striking out the words "purchase of materials,";
               And,
               On page three, section five, lines thirty-one through thirty-four, by striking out the following: For the purpose of this section, a "purchase of materials" means any single or annual purchase of goods, and a "contract or agreement" means a single project or purpose, including the integral and component parts of that project.
               On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
               Engrossed Committee Substitute for Senate Bill No. 564, as amended by the House of Delegates, was then put upon its passage.
               On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
               The nays were: None.
               Absent: None.
               So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 564) passed with its title.
               Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
               A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
               Eng. Senate Bill No. 601, Removing requirement certain juvenile proceedings be sealed.
               On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
               The following House of Delegates amendments to the bill were reported by the Clerk:
               By striking out everything after the enacting section and inserting in lieu thereof the following:
               That §49-5-2 and §49-5-18 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 5. JUVENILE PROCEEDINGS.
§49-5-2. Juvenile jurisdiction of circuit courts, magistrate courts and municipal courts; constitutional guarantees; hearings; evidence and transcripts.
     (a) The circuit court has original jurisdiction of proceedings brought under this article.
     (b) If during a criminal proceeding in any court it is ascertained or appears that the defendant is under the age of nineteen years and was under the age of eighteen years at the time of the alleged offense, the matter shall be immediately certified to the juvenile jurisdiction of the circuit court. The circuit court shall assume jurisdiction of the case in the same manner as cases which are originally instituted in the circuit court by petition.
     (c) Notwithstanding any other provision of this article, magistrate courts have concurrent juvenile jurisdiction with the circuit court for a violation of a traffic law of West Virginia, for a violation of section nine, article six, chapter sixty, section three or section four, article nine-a, chapter sixteen, or section nineteen, article sixteen, chapter eleven of this code, or for any violation of chapter twenty of this code. Juveniles are liable for punishment for violations of these laws in the same manner as adults except that magistrate courts have no jurisdiction to impose a sentence of incarceration for the violation of these laws.
     (d) Notwithstanding any other provision of this article, municipal courts have concurrent juvenile jurisdiction with the circuit court for a violation of any municipal ordinance regulating traffic, for any municipal curfew ordinance which is enforceable or for any municipal ordinance regulating or prohibiting public intoxication, drinking or possessing alcoholic liquor or nonintoxicating beer in public places, any other act prohibited by section nine, article six, chapter sixty or section nineteen, article sixteen, chapter eleven of this code or underage possession or use of tobacco or tobacco products, as provided in article nine-a, chapter sixteen of this code. Municipal courts may impose the same punishment for these violations as a circuit court exercising its juvenile jurisdiction could properly impose, except that municipal courts have no jurisdiction to impose a sentence of incarceration for the violation of these laws.
     (e) A juvenile may be brought before the circuit court for proceedings under this article only by the following means:
     (1) By a juvenile petition requesting that the juvenile be adjudicated as a status offender or a juvenile delinquent; or
     (2) By certification or transfer to the juvenile jurisdiction of the circuit court from the criminal jurisdiction of the circuit court, from any foreign court, or from any magistrate court or municipal court in West Virginia.
     (f) (1) If a juvenile commits an act which would be a crime if committed by an adult, and the juvenile is adjudicated delinquent for that act, the jurisdiction of the court which adjudged the juvenile delinquent continues until the juvenile becomes twenty-one years of age. The court has the same power over that person that it had before he or she became an adult, and has the further power to sentence that person to a term of incarceration: Provided, That any such term of incarceration may not exceed six months. This authority does not preclude the court from exercising criminal jurisdiction over that person if he or she violates the law after becoming an adult or if the proceedings have been transferred to the court's criminal jurisdiction pursuant to section ten of this article.
     (2) If a juvenile is adjudicated as a status offender because he or she is habitually absent from school without good cause, the jurisdiction of the court which adjudged the juvenile a status offender continues until either the juvenile becomes twenty-one years of age, completes high school, completes a high school equivalent or other education plan approved by the court or the court otherwise voluntarily relinquishes jurisdiction, whichever occurs first. If the jurisdiction of the court is extended pursuant to this subdivision, the court has the same power over that person that it had before he or she became an adult: Provided, That no person so adjudicated who has attained the age of nineteen may be ordered to attend school in a regular, nonalternative setting.
     (g) A juvenile is entitled to be admitted to bail or recognizance in the same manner as an adult and shall be afforded the protection guaranteed by Article III of the West Virginia Constitution.
     (h) A juvenile has the right to be effectively represented by counsel at all stages of proceedings under the provisions of this article. If the juvenile or the juvenile's parent or custodian executes an affidavit showing that the juvenile cannot afford an attorney, the court shall appoint an attorney, who shall be paid in accordance with article twenty-one, chapter twenty-nine of this code.
     (i) In all proceedings under this article, the juvenile shall be afforded a meaningful opportunity to be heard. This includes the opportunity to testify and to present and cross-examine witnesses. The general public shall be excluded from all proceedings under this article except that persons whose presence is requested by the parties and other persons whom the circuit court determines have a legitimate interest in the proceedings may attend: Provided, That in cases in which a juvenile is accused of committing what would be a felony if the juvenile were an adult, an alleged victim or his or her representative may attend any related juvenile proceedings, at the discretion of the presiding judicial officer: Provided, however, That in any case in which the alleged victim is a juvenile, he or she may be accompanied by his or her parents or representative, at the discretion of the presiding judicial officer.
     (j) At all adjudicatory hearings held under this article, all procedural rights afforded to adults in criminal proceedings shall be afforded the juvenile unless specifically provided otherwise in this chapter.
     (k) At all adjudicatory hearings held under this article, the rules of evidence applicable in criminal cases apply, including the rule against written reports based upon hearsay.
     (l) Except for res gestae, extrajudicial statements made by a juvenile who has not attained fourteen years of age to law-enforcement officials or while in custody are not admissible unless those statements were made in the presence of the juvenile's counsel. Except for res gestae, extrajudicial statements made by a juvenile who has not attained sixteen years of age but who is at least fourteen years of age to law-enforcement officers or while in custody, are not admissible unless made in the presence of the juvenile's counsel or made in the presence of, and with the consent of, the juvenile's parent or custodian, and the parent or custodian has been fully informed regarding the juvenile's right to a prompt detention hearing, the juvenile's right to counsel, including appointed counsel if the juvenile cannot afford counsel, and the juvenile's privilege against self-incrimination.
     (m) A transcript or recording shall be made of all transfer, adjudicatory and dispositional hearings held in circuit court. At the conclusion of each of these hearings, the circuit court shall make findings of fact and conclusions of law, both of which shall appear on the record. The court reporter shall furnish a transcript of the proceedings at no charge to any indigent juvenile who seeks review of any proceeding under this article if an affidavit is filed stating that neither the juvenile nor the juvenile's parents or custodian have the ability to pay for the transcript.
§49-5-18. Confidentiality of juvenile records.
     (a) One year after the juvenile's eighteenth birthday, or one year after personal or juvenile jurisdiction has terminated, whichever is later, the records of a juvenile proceeding conducted under this chapter, including, but not limited to, law-enforcement files and records, ~~shall be sealed by operation of law~~ may be kept in a separate secure confidential place and the records may not be inspected except by order of the circuit court.
     (b) The records of a juvenile proceeding in which a juvenile was transferred to criminal jurisdiction pursuant to the provisions of section ten of this article shall be ~~sealed by operation of law~~ kept in a separate secure confidential place and the records may not be inspected except by order of the circuit court if the juvenile is subsequently acquitted or found guilty only of an offense other than an offense upon which the waiver or order of transfer was based, or if the offense upon which the waiver or order of transfer was based is subsequently dismissed.
     (c) To ~~seal~~ keep the confidentiality of juvenile records, they shall be returned to the circuit court in which the case was pending and be kept in a separate confidential file. The records shall be physically marked to show that they ~~have been sealed~~ are to remain confidential and shall be securely ~~sealed~~ kept and filed in ~~such~~ a manner so that no one can have access to determine the identity of the juvenile, except upon order of the circuit court.
_____~~(d) Sealed records may not be opened except upon order of the circuit court.~~
     ~~(e) Sealing of juvenile records~~
_____(d) Marking the juvenile records to show they are to remain confidential has the legal effect of extinguishing the offense as if it never occurred.
     ~~(f)~~ (e) The records of a juvenile convicted under the criminal jurisdiction of the circuit court pursuant to subdivision (1), subsection (d), section ten of this article may not be ~~sealed~~ marked and kept as confidential.
_____~~(g)~~ (f) Any person who willfully violates this section ~~shall be~~ is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, or confined in ~~the county or regional~~ jail for not more than six months, or both so fined and confined, and ~~shall be~~ is liable for damages in the amount of $300 or actual damages, whichever is greater.;
     And,
     By striking out the title and substituting therefor a new title, to read as follows:
     Eng. Senate Bill No. 601--A Bill to amend and reenact §49-5-2 and §49-5-18 of the Code of West Virginia, 1931, as amended, all relating to juvenile offenders; extending circuit court jurisdiction over juvenile status offenders adjudicated delinquent for habitual truancy until the juvenile reaches twenty-one years of age or completes a court-ordered education plan; establishing an age limit on adjudicated juveniles attending regular, non-alternative classes; keeping the records of a juvenile proceeding confidential; and removing the requirement of sealing the records.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Senate Bill No. 601, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 601) passed with its House of Delegates amended title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendment, as to
     Eng. Senate Bill No. 652, Requiring criminal background checks for home inspector applicants.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendment to the bill was reported by the Clerk:
     On page four, section five-b, line forty-two, by striking out the word "may" and inserting in lieu thereof the word "shall";
     And,
     On page four, section five-b, line forty-six, after the word "section." by inserting the following: and may deny licensing, registration or certification based upon the results of the criminal history record check.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Senate Bill No. 652, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 652) passed with its title.
     Senator Unger moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 652) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
     Eng. Com. Sub. for House Bill No. 2352, Clarifying that the West Virginia Department of Environmental Protection does not assume a mine operator's obligations or liabilities under the Water Pollution Control Act.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, of
     Eng. House Bill No. 2469, Increasing the cap on earnings during temporary reemployment after retirement.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, to take effect from passage, of
     Eng. Com. Sub. for House Bill No. 2538, Expiring, supplementing, amending, increasing, and adding items of appropriation in various accounts.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, to take effect July 1, 2013, of
     Eng. Com. Sub. for House Bill No. 2717, Requiring that deputy sheriffs be issued ballistic vests upon law-enforcement certification.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, to take effect July 1, 2013, of
     Eng. Com. Sub. for House Bill No. 2727, Relating to the school aid formula.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, to take effect from passage, of
     Eng. Com. Sub. for House Bill No. 2731, Regulating the performance of health maintenance tasks by unlicensed personnel.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, of
     Eng. Com. Sub. for House Bill No. 2733, Relating to hearings before the Office of Administrative Hearings.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
     Eng. Com. Sub. for House Bill No. 2738, Relating to the Center for Nursing.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, of
     Eng. Com. Sub. for House Bill No. 2747, Relating to Open Governmental Proceedings.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, of
     Eng. House Bill No. 2847, Relating to the collection of delinquent real property and personal property taxes.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amended title, passage as amended, of
     Eng. Com. Sub. for House Bill No. 2848, Providing the process for requesting a refund after forfeiture of rights to a tax deed.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, to take effect July 1, 2013, of
     Eng. House Bill No. 2861, Relating to continued enrollment of at-risk student in public school.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
     Eng. House Bill No. 2933, Providing notification to a prosecuting attorney of an offender's parole hearing and release.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
     Eng. Com. Sub. for House Bill No. 3020, Improving boat dock and marina safety.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, to take effect July 1, 2013, of
     Eng. Com. Sub. for House Bill No. 3157, Restoring the authority, flexibility, and capacity of schools and school systems to improve student learning.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, of
     Eng. House Bill No. 3160, Providing for a pilot initiative on governance of schools jointly established by adjoining counties.
     The Senate again proceeded to the sixth order of business, which agenda includes the making of main motions.
     On motion of Senator Unger, the Senate requested the return from the House of Delegates of
     Eng. Com. Sub. for House Bill No. 2848, Providing the process for requesting a refund after forfeiture of rights to a tax deed.
     Passed by the Senate in earlier proceedings today,
     The bill still being in the possession of the Senate,
     On motion of Senator Unger, the Senate reconsidered its action by which in earlier proceedings today it adopted the Judiciary committee amendment to the title of the bill (shown in the Senate Journal of today, pages 104 and 105).
     The vote thereon having been reconsidered,
     The question again being on the adoption of the Judiciary committee amendment to the title of the bill.
     Thereafter, at the request of Senator Palumbo, as chair of the Committee on the Judiciary, and by unanimous consent, the Judiciary committee amendment to the title of the bill was withdrawn.
     On motion of Senator Palumbo, the following amendment to the title of the bill was reported by the Clerk and adopted:
     Eng. Com. Sub. for House Bill No. 2848--A Bill to amend and reenact §11A-3-18, §11A-3-22, §11A-3-27 and §11A-3-28 of the Code of the West Virginia, 1931, as amended, all relating generally to the sale of tax liens and nonentered, escheated and waste and unappropriated lands; providing the process for requesting a refund after forfeiture of rights to a tax deed; clarifying deadlines for receipt of tax deeds and refunds related to failure to meet deadlines; modifying the requirements for petitioning to compel execution of a deed by the State Auditor; removing the provisions allowing judgment against the State Auditor for costs in the case of failure or refusal to execute a deed without reasonable cause; and providing for service of notice when mail is not deliverable to an address at the physical location of the property.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     At the request of Senator Unger, and by unanimous consent, the Senate returned to the fifth order of business.
     Senator Miller, from the committee of conference on matters of disagreement between the two houses, as to
     Eng. Com. Sub. for Senate Bill No. 386, Relating to personal safety orders.
     Submitted the following report, which was received:
     Your committee of conference on the disagreeing votes of the two houses as to the amendments of the House to Engrossed Committee Substitute for Senate Bill No. 386 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
     That both houses recede from their respective positions as to the amendment of the House of Delegates, striking out everything after the enacting section, and agree to the same as follows:
ARTICLE 8. PERSONAL SAFETY ORDERS.
§53-8-4. Petition seeking relief.
     (a) Underlying acts. -- A petitioner may seek relief under this article by filing with a magistrate court a petition that alleges the commission of any of the following acts against the petitioner by the respondent:
     (1) A sexual offense or attempted sexual offense as defined in section one of this article; or
     (2) A violation of subsection (a), section nine-a, article two, chapter sixty-one of this code; or
_____(3) Repeated credible threats of bodily injury when the person making the threats knows or has reason to know that the threats cause another person to reasonably fear for his or her safety.
     (b) Contents. --
     The petition shall:
     (1) Be verified and provide notice to the petitioner that an individual who knowingly provides false information in the petition is guilty of a misdemeanor and, on conviction, is subject to the penalties specified in subsection (d) of this section;
     (2) Subject to the provisions of subsection (c) of this section, contain the address of the petitioner; and
     (3) Include all information known to the petitioner of:
     (A) The nature and extent of the act specified in subsection (a) of this section for which the relief is being sought, including information known to the petitioner concerning previous harm or injury resulting from an act specified in subsection (a) of this section by the respondent;
     (B) Each previous and pending action between the parties in any court; and
     (C) The whereabouts of the respondent.
     (c) Address may be stricken. -- If, in a proceeding under this article, a petitioner alleges, and the court finds, that the disclosure of the address of the petitioner would risk further harm to the petitioner or a member of the petitioner's household, that address may be stricken from the petition and omitted from all other documents filed with, or transferred to, a court.
     (d) Providing false information. -- An individual who knowingly provides false information in a petition filed under this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $1,000 or confined in jail not more than ninety days, or both.
     (e) Withdrawal or dismissal of a petition prior to adjudication operates as a dismissal without prejudice. -- No action for a personal safety order may be dismissed because the respondent is being prosecuted for a crime against the petitioner. For any action commenced under this article, dismissal of a case or a finding of not guilty, does not require dismissal of the action for a civil protection order.
     (f) Venue. -- The action may be heard in the county in which any underlying act occurred for which relief is sought in the petition, in the county in which the respondent is living, or in the county in which the petitioner is living, either temporarily or permanently.;
     And,
     That the Senate agree to the House amended title.
                              Respectfully submitted,
     Ronald F. Miller, Chair, Donald H. Cookman, David C. Nohe, Conferees on the part of the Senate.
     Barbara Evans Fleischauer, Chair, Tim Manchin, John H. Shott, Conferees on the part of the House of Delegates.
     On motions of Senator Miller, severally made, the report of the committee of conference was taken up for immediate consideration and adopted.
     Engrossed Committee Substitute for Senate Bill No. 386, as amended by the conference report, was then put upon its passage.
     On the passage of the bill, as amended, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 386) passed with its House of Delegates amended title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Williams, from the committee of conference on matters of disagreement between the two houses, as to
     Eng. Com. Sub. for Senate Bill No. 580, Updating requirements for dental intern, resident and teaching permits.
     Submitted the following report, which was received:
     Your committee of conference on the disagreeing votes of the two houses as to the amendments of the House to Engrossed Committee Substitute for Senate Bill No. 580 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
     That both recede from their respective positions as to the amendment of the House, striking out everything after the enacting clause, and agree to the same as follows:
     That §30-4-8a, §30-4-10a, §30-4-25, §30-4-26, §30-4-27, §30-4-28 and §30-4-29 of the Code of West Virginia, 1931, as amended, be repealed; that §30-4A-6a, §30-4A-6b, §30-4A-6c, §30-4A-6d and §30-4A-18 of said code be repealed; that §30-4B-5, §30-4B-6, §30-4B-7 and §30-4B-8 of said code be repealed; that §30-4-1, §30-4-2, §30-4-3, §30-4-4, §30-4-5, §30-4-6, §30-4-7, §30-4-8, §30-4-9, §30-4-10, §30-4-11, §30-4-12, §30-4-13, §30-4-14, §30-4-15, §30-4-16, §30-4-17, §30-4-18, §30-4-19, §30-4-20, §30-4-21, §30-4-22, §30-4-23 and §30-4-24 of said code be amended and reenacted; that §30-4A-1, §30-4A-2, §30-4A-3, §30-4A-4, §30-4A-5, §30-4A-6, §30-4A-7, §30-4A-8, §30-4A-9, §30-4A-10, §30-4A-11, §30-4A-12, §30-4A-13, §30-4A-14, §30-4A-15, §30-4A-16 and §30-4A-17 of said code be amended and reenacted; and that §30-4B-1, §30-4B-2, §30-4B-3 and §30-4B-4 of said code be amended and reenacted, all to read as follows:
ARTICLE 4. WEST VIRGINIA DENTAL PRACTICE ACT.
§30-4-1. Unlawful acts.
     (a) It is unlawful for any person to practice or offer to practice dentistry or dental hygiene in this state without a license, issued under the provisions of this article, or advertise or use any title or description tending to convey or give the impression that they are a dentist or dental hygienist, unless the person is licensed under the provisions of this article.
     (b) A business entity may not render any service or engage in any activity which, if rendered or engaged in by an individual, would constitute the practice of dentistry, except through a licensee.
§30-4-2. Applicable law.
     The practices authorized under the provisions of this article and the Board of Dentistry are subject to article one of this chapter, the provisions of this article, and any rules promulgated hereunder.
§30-4-3. Definitions.
     As used in article four, four-a and four-b, the following words and terms have the following meanings:
     (1) "AAOMS" means the American Association of Oral and Maxillofacial Surgeons;
     (2) "AAPD" means the American Academy of Pediatric Dentistry;
     (3) "ACLS" means Advanced Cardiac Life Support;
     (4) "ADA" means the American Dental Association;
     (5) "AMA" means the American Medical Association;
     (6) "ASA" means American Society of Anesthesiologists;
     (7) "Anxiolysis/minimal sedation" means removing, eliminating or decreasing anxiety by the use of a single anxiety or analgesia medication that is administered in an amount consistent with the manufacturer's current recommended dosage for the unsupervised treatment of anxiety, insomnia or pain, in conjunction with nitrous oxide and oxygen. This does not include multiple dosing or exceeding current normal dosage limits set by the manufacturer for unsupervised use by the patient at home, for the treatment of anxiety;
     (8) "Approved dental hygiene program" means a program that is approved by the board and is accredited or its educational standards are deemed by the board to be substantially equivalent to those required by the Commission on Dental Accreditation of the American Dental Association;
     (9) "Approved dental school, college or dental department of a university" means a dental school, college or dental department of a university that is approved by the board and is accredited or its educational standards are deemed by the board to be substantially equivalent to those required by the Commission on Dental Accreditation of the American Dental Association;
     (10) "Authorize" means that the dentist is giving permission or approval to dental auxiliary personnel to perform delegated procedures in accordance with the dentist's diagnosis and treatment plan;
     (11) "BLS" means basic life support;
     (12) "Board" means the West Virginia Board of Dentistry;
     (13) "Business entity" means any firm, partnership, association, company, corporation, limited partnership, limited liability company or other entity;
     (14) "Central nervous system anesthesia" means an induced, controlled state of unconsciousness or depressed consciousness produced by a pharmacologic method;
     (15) "Certificate of qualification" means a certificate authorizing a dentist to practice a specialty;
     (16) "CPR" means cardiopulmonary resuscitation;
     (17) "Conscious sedation/moderate sedation" means an induced, controlled state of depressed consciousness, produced through the administration of nitrous oxide and oxygen and/or the administration of other agents whether enteral or parenteral, in which the patient retains the ability to independently and continuously maintain an airway and to respond purposefully to physical stimulation and to verbal command;
     (18) "CRNA" means certified registered nurse anesthetist;
     (19) "Defibrillator" means a device used to sustain asthmetic heart beat in an emergency and includes an automatic electronic defibrillator (AED)
     (20) "Delegated procedures" means those procedures specified by law or by rule of the board and performed by dental auxiliary personnel under the supervision of a licensed dentist;
     (21) "Dentist anesthesiologist" means a dentist who is trained in the practice of anesthesiology and has completed an additional approved anesthesia education course;
     (22) "Dental assistant" means a person qualified by education, training or experience who aids or assists a dentist in the delivery of patient care in accordance with delegated procedures as specified by the board by rule or who may perform nonclinical duties in the dental office;
     (23) "Dental auxiliary personnel" or "auxiliary" means dental hygienists and dental assistants who assist the dentist in the practice of dentistry;
     (24) "Dental hygiene" means the performance of educational, preventive or therapeutic dental services and as further provided in section eleven and legislative rule;
     (25) "Dental hygienist" means a person licensed by the board to practice and who provides dental hygiene and other services as specified by the board by rule to patients in the dental office and in a public health setting;
     (26) "Dental laboratory" means a business performing dental laboratory services;
     (27) "Dental laboratory services" means the fabricating, repairing or altering of a dental prosthesis;
     (28) "Dental laboratory technician" means a person qualified by education, training or experience who has completed a dental laboratory technology education program and who fabricates, repairs or alters a dental prosthesis in accordance with a dentist's work authorization;
     (29) "Dental office" means the place where the licensed dentist and dental auxiliary personnel are practicing dentistry;
     (30) "Dental prosthesis" means an artificial appliance fabricated to replace one or more teeth or other oral or peri-oral structure in order to restore or alter function or aesthetics;
     (31) "Dentist" means an individual licensed by the board to practice dentistry;
     (32) "Dentistry" means the evaluation, diagnosis, prevention and treatment of diseases, disorders and conditions of the oral cavity, maxillofacial area and the adjacent and associated structures provided by a dentist;
     (33) "Direct supervision" means supervision of dental auxiliary personnel provided by a licensed dentist who is physically present in the dental office or treatment facility when procedures are being performed;
     (34) "Facility permit" means a permit for a facility where sedation procedures are used that correspond with the level of anesthesia provided;
     (35) "General anesthesia" means an induced, controlled state of unconsciousness in which the patient experiences complete loss of protective reflexes, as evidenced by the inability to independently maintain an airway, the inability to respond purposefully to physical stimulation or the inability to respond purposefully to verbal command;
     (36) "Deep conscious sedation/general anesthesia" includes partial loss of protective reflexes and the patient retains the ability to independently and continuously maintain an airway;
     (37) "General supervision" means a dentist is not required to be in the office or treatment facility when procedures are being performed by the auxiliary dental personnel, but has personally diagnosed the condition to be treated, has personally authorized the procedures and will evaluate the treatment provided by the dental auxiliary personnel;
     (38) "Good moral character" means a lack of history of dishonesty;
     (39) "Health Care Provider BLS/CPR" means health care provider basic life support/cardiopulmonary resuscitation;
     (40) "License" means a license to practice dentistry or dental hygiene;
     (41) "Licensee" means a person holding a license;
     (42) "Mobile dental facility" any self-contained facility in which dentistry or dental hygiene will be practiced which may be moved, towed or transported from one location to another;
     (43) "Portable dental unit" means any nonfacility in which dental equipment, utilized in the practice of dentistry, is transported to and utilized on a temporary basis an out of office location, including, but not limited to, patient's homes, schools, nursing homes or other institutions;
     (44) "Other dental practitioner" means those persons excluded from the definition of the practice of dentistry under the provisions of subdivisions (3), (4) and (5), section twenty-four, article four of this chapter and also those persons who hold teaching permits which have been issued to them under the provisions of section fourteen, article four of this chapter;
     (45) "PALS" means pediatric advanced life support;
     (46) "Pediatric patient" means infants and children;
     (47) "Physician anesthesiologist" means a physician, MD or DO, who is specialized in the practice of anesthesiology;
     (48) "Public health practice" means treatment or procedures in a public health setting which shall be designated by a rule promulgated by the board to require direct, general or no supervision of a dental hygienist by a dentist;
     (49) "Public health setting" means hospitals, schools, correctional facilities, jails, community clinics, long-term care facilities, nursing homes, home health agencies, group homes, state institutions under the West Virginia Department of Health and Human Resources, public health facilities, homebound settings, accredited dental hygiene education programs and any other place designated by the board by rule;
     (50) "Qualified monitor" means an individual who by virtue of credentialing and/or training is qualified to check closely and document the status of a patient undergoing anesthesia and observe utilized equipment;
     (51) "Relative analgesia /minimal sedation" means an induced, controlled state of minimally depressed consciousness, produced solely by the inhalation of a combination of nitrous oxide and oxygen, or single oral premedication without the addition of nitrous oxide and oxygen in which the patient retains the ability to independently and continuously maintain an airway and to respond purposefully to physical stimulation and to verbal command;
     (52) "Specialty" means the practice of a certain branch of dentistry;
     (53) "Subcommittee" means West Virginia Board of Dentistry Subcommittee on Anesthesia; and
     (54) "Work authorization" means a written order for dental laboratory services which has been issued by a licensed dentist or other dental practitioner.
§30-4-4. Board of dental examiners.
     (a) The West Virginia Board of Dental Examiners is continued and on July 1, 2013, the board shall be renamed the West Virginia Board of Dentistry. The members of the board in office on the date this section takes effect shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified.
     (b) The Governor, by and with the advice and consent of the Senate, shall appoint:
     (1) Six licensed dentists;
     (2) One licensed dental hygienist;
     (3) One nationally certified dental assistant or currently practicing dental assistant with a minimum of ten years' experience and;
     (4) One citizen member who is not licensed under the provisions of this article and does not perform any services related to the practice of dentistry.
     (c) The West Virginia Dental Association may submit recommendations to the Governor for the appointment of the licensed dentists board members, the West Virginia Association of Dental Hygienists may submit recommendations to the Governor for the appointment of a dental hygienist board member and the West Virginia Dental Assistant Association may submit recommendations to the Governor for the appointment of a dental assistant board member.
     (d) A person connected with a commercial entity that may derive financial gain from the profession of dentistry and a person employed as full-time faculty with a dental college, school or dental department of a university are not eligible for appointment to the board.
     (e) After the initial appointment term, the appointment term is five years. A member may not serve more than two consecutive terms. A member who has served two consecutive full terms may not be reappointed for at least one year after completion of his or her second full term. A member may continue to serve until his or her successor has been appointed and qualified.
     (f) Each licensed member of the board, at the time of his or her appointment, shall have held a license in this state for a period of not less than five years immediately preceding the appointment.
     (g) Each member of the board shall be a resident of this state during the appointment term.
     (h) A vacancy on the board shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacant.
     (i) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.
     (j) A licensed member of the board immediately and automatically forfeits membership to the board if his or her license to practice is suspended or revoked in any jurisdiction.
     (k) A member of the board immediately and automatically forfeits membership to the board if he or she is convicted of a felony under the laws of any jurisdiction or becomes a nonresident of this state.
     (l) The board shall elect annually one of its members as president and one member as secretary who shall serve at the will and pleasure of the board.
     (m) Each member of the board is entitled to receive compensation and expense reimbursement in accordance with article one of this chapter.
     (n) A simple majority of the membership serving on the board at a given time is a quorum for the transaction of business.
     (o) The board shall hold at least two meetings annually. Other meetings shall be held at the call of the president or upon the written request of four members, at the time and place as designated in the call or request.
     (p) Prior to commencing his or her duties as a member of the board, each member shall take and subscribe to the oath required by section five, article four of the constitution of this state.
     (q) The members of the board, when acting in good faith and without malice, shall enjoy immunity from individual civil liability while acting within the scope of their duties as board members.
§30-4-5. Powers of the board.
     The board has all the powers and duties set forth in this article, by rule, in article one of this chapter and elsewhere in law, including:
     (1) Hold meetings;
     (2) Establish procedures for submitting, approving and rejecting applications for a license, certificate and permit;
     (3) Determine the qualifications of any applicant for a license, certificate and permit;
     (4) Establish the fees charged under the provisions of this article;
     (5) Issue, renew, deny, suspend, revoke or reinstate a license, certificate and permit;
     (6) Prepare, conduct, administer and grade written, oral or written and oral examinations for a license;
     (7) Contract with third parties to administer the examinations required under the provisions of this article;
     (8) Maintain records of the examinations the board or a third party administers, including the number of persons taking the examination and the pass and fail rate;
     (9) Maintain an office, and hire, discharge, establish the job requirements and fix the compensation of employees and contract with persons necessary to enforce the provisions of this article;
     (10) Employ investigators, attorneys, hearing examiners, consultants and other employees as may be necessary, who are exempt from the classified service and who serve at the will and pleasure of the board;
     (11) Investigate alleged violations of the provisions of this article, article four-a and article four-b of this chapter, and legislative rules, orders and final decisions of the board;
     (12) Conduct disciplinary hearings of persons regulated by the board;
     (13) Determine disciplinary action and issue orders;
     (14) Institute appropriate legal action for the enforcement of the provisions of this article;
     (15) Maintain an accurate registry of names and addresses of all persons regulated by the board;
     (16) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;
     (17) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article;
     (18) Sue and be sued in its official name as an agency of this state; and
     (19) Confer with the Attorney General or his or her assistant in connection with legal matters and questions.
§30-4-6. Rule-making authority.
     (a) The board shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, and articles four-a and four-b of this chapter including:
     (1) Standards and requirements for licenses, certifications and permits;
     (2) Requirements for third parties to prepare and/or administer examinations and reexaminations;
     (3) Educational and experience requirements;
     (4) Continuing education requirements and approval of continuing education courses;
     (5) Procedures for the issuance and renewal of licenses, certifications and permits;
     (6) Establish a fee schedule;
     (7) Regulate dental specialities;
     (8) Delegate procedures to be performed by a dental hygienist;
     (9) Delegate procedures to be performed by a dental assistant;
     (10) Designate the services and procedures performed under direct supervision, general supervision in public health practice;
     (11) Designate additional public health settings;
     (12) Regulate the use of firm or trade names;
     (13) Regulate dental corporations;
     (14) Regulate mobile dental facilities;
     (15) Regulate portable dental units;
     (16) Regulate professional limited liability companies;
     (17) Establish professional conduct requirements;
     (18) Establish the procedures for denying, suspending, revoking, reinstating or limiting the practice of licensees, certifications and permittees;
     (19) Establish requirements for inactive or revoked licenses, certifications and permits;
     (20) Regulate dental anesthesia, including:
     (A) Fees;
     (B) Evaluations;
     (C) Equipment;
     (D) Emergency drugs;
     (E) Definitions;
     (F) Qualified monitor requirements; and
     (G) Education;
     (21) Any other rules necessary to implement this article.
     (b) All of the board's rules in effect and not in conflict with these provisions, shall remain in effect until they are amended or rescinded.
§30-4-7. Fees; special revenue account; administrative fines.
     (a) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the State Treasury designated the Board of Dentists and Dental Hygienist Special Fund, which is continued and shall be known as the Board of Dentistry Special Fund. The fund is used by the board for the administration of this article. Except as may be provided in article one of this chapter, the board retains the amount in the special revenue account from year to year. No compensation or expense incurred under this article is a charge against the General Revenue Fund.
     (b) Any amounts received as administrative fines imposed pursuant to this article shall be deposited into the General Revenue Fund of the State Treasury.
§30-4-8. License to practice dentistry.
     (a) The board shall issue a license to practice dentistry to an applicant who meets the following requirements:
     (1) Is at least eighteen years of age;
     (2) Is of good moral character;
     (3) Is a graduate of and has a diploma from a school accredited by the Commission on Dental Accreditation or equivalently approved dental college, school or dental department of a university as determined by the board;
     (4) Has passed the national board examination as given by the Joint Commission on National Dental Examinations and a clinical examination as specified by the board by rule;
     (5) Has not been found guilty of cheating, deception or fraud in the examination or any part of the application;
     (6) Has paid the application fee specified by rule; and
     (7) Not be an alcohol or drug abuser, as these terms are defined in section eleven, article one-a, chapter twenty-seven of this code: Provided, That an applicant in an active recovery process, which may, in the discretion of the board, be evidenced by participation in a twelve-step program or other similar group or process, may be considered.
     (b) A dentist may not represent to the public that he or she is a specialist in any branch of dentistry or limit his or her practice to any branch of dentistry unless first issued a certificate of qualification in that branch of dentistry by the board.
     (c) A license to practice dentistry issued by the board shall for all purposes be considered a license issued under this section: Provided, That a person holding a license shall renew the license.
§30-4-9. Scope of practice of a dentist.
     The practice of dentistry includes the following:
     (1) Coordinate dental services to meet the oral health needs of the patient;
     (2) Examine, evaluate and diagnose diseases, disorders and conditions of the oral cavity, maxillofacial area and adjacent and associated structures;
     (3) Treat diseases, disorders and conditions of the oral cavity, maxillofacial area and the adjacent and associated structures;
     (4) Provide services to prevent diseases, disorders and conditions of the oral cavity, maxillofacial area and the adjacent and associated structures;
     (5) Fabricate, repair or alter a dental prosthesis;
     (6) Administer anesthesia in accordance with the provisions of article four-a of this chapter;
     (7) Prescribe drugs necessary for the practice of dentistry;
     (8) Execute and sign a death certificate when it is required in the practice of dentistry;
     (9) Employ and supervise dental auxiliary personnel;
     (10) Authorize delegated procedures to be performed by dental auxiliary personnel; and
     (11) Perform any other work included in the curriculum of an approved dental school, college or dental department of a university.
§30-4-10. License to practice dental hygiene.
     (a) The board shall issue a dental hygienist license to an applicant who meets the following requirements:
     (1) Is at least eighteen years of age;
     (2) Is of good moral character;
     (3) Is a graduate with a degree in dental hygiene from an approved dental hygiene program of a college, school or dental department of a university;
     (4) Has passed the national board dental hygiene examination, a regional or state clinical examination and a state law examination that tests the applicant's knowledge of subjects specified by the board by rule;
     (5) Has not been found guilty of cheating, deception or fraud in the examination or any part of the application;
     (6) Has paid the application fee specified by rule; and
     (7) Not be an alcohol or drug abuser, as these terms are defined in section eleven, article one-a, chapter twenty-seven of this code: Provided, That an applicant in an active recovery process, which may, in the discretion of the board, be evidenced by participation in a twelve-step program or other similar group or process, may be considered.
     (b) A dental hygienist license issued by the board and in good standing on the effective date of the amendments to this section shall for all purposes be considered a dental hygienist license issued under this section: Provided, That a person holding a dental hygienist license shall renew the license.
§30-4-11. Scope of practice for a dental hygienist.
     The practice of dental hygiene includes the following:
     (1) Perform a complete prophylaxis, including the removal of any deposit, accretion or stain from supra and subgingival, the surface of a tooth or a restoration;
     (2) Apply a medicinal agent to a tooth for a prophylactic purpose;
     (3) Take a radiograph for interpretation by a dentist;
     (4) Instruct a patient on proper oral hygiene practice;
     (5) Place sealants on a patient's teeth without a prior examination by a licensed dentist: Provided, That for this subdivision, the dental hygienist has a public health practice permit issued by the board, and subject to a collaborative agreement with a supervising dentist and the patient is referred for a dental examination within six months of sealant application;
     (6) Perform all delegated procedures of a dental hygienist specified by rule by the board; and
     (7) Performing all delegated procedures of a dental assistant specified by rule by the board.
§30-4-12. License renewal.
     (a) All persons regulated by this article shall annually or biannually, renew his or her board authorization by completing a form prescribed by the board and submitting any other information required by the board.
     (b) The board shall charge a fee for each renewal of a board authorization and shall charge a late fee for any renewal not paid by the due date.
     (c) The board shall require as a condition of renewal that each licensee, certificate holder or permittee complete continuing education.
     (d) The board may deny an application for renewal for any reason which would justify the denial of an original application.
§30-4-13. Board authorizations shall be displayed.
     (a) The board shall prescribe the form for a board authorization and may issue a duplicate upon payment of a fee.
     (b) Any person regulated by the article shall conspicuously display his or her board authorization at his or her principal business location.
§30-4-14. Dental intern, resident or teaching permit.
     (a) The board may issue a dental intern or dental resident permit to an applicant who has been accepted as a dental intern or dental resident by a licensed hospital or dental school in this state which maintains an established dental department under the supervision of a licensed dentist and meets the following qualifications:
     (1) Has graduated from a Commission on Dental Accreditation or equivalent approved dental college, school or dental department of a university with a degree in dentistry;
     (2) Has paid the application fee specified by rule; and
     (3) Meets the other qualifications specified by rule.
     (b) The dental intern or dental resident permit may be renewed and expires on the earlier of:
     (1) The date the permit holder ceases to be a dental intern or dental resident; or
     (2) One year after the date of issue.
     (c) The board may issue a teaching permit to an applicant who is not otherwise licensed to practice dentistry in this state and who meets the following conditions:
     (1) Is authorized or is eligible, as determined by the board, for a authorization to practice dentistry in another jurisdiction;
     (2) Has met or been approved under the credentialing standards of a dental school or an academic medical center with which the person is to be affiliated: Provided, That the dental school or academic medical center is accredited by the Commission on Dental Accreditation or Joint Commission on Accreditation of Health Care Organizations;
     (3) The permittee may teach and practice dentistry in or on behalf of a dental school or college offering a doctoral degree in dentistry operated and conducted in this state, in connection with an academic medical center or at any teaching hospital adjacent to a dental school or an academic medical center;
     (4) Shall successfully complete the West Virginia Dental Law Examination;
     (5) Shall pay annual renewal fees to the board;
     (6) Shall comply with continuing education requirements; and
     (7) Has had no disciplinary actions taken or pending against him or her by any other jurisdiction.
     (d) A teaching permit may be renewed annually with a written recommendation from the dental school dean.
     (e) While in effect, a permittee is subject to the restrictions and requirements imposed by this article to the same extent as a licensee. In addition, a permittee may not receive any fee for service other than a salary paid by the hospital or dental school
§30-4-15. Special volunteer dentist or dental hygienist license; civil immunity for voluntary services rendered to indigents.
     (a) There is continued a special volunteer dentist and dental hygienist license for dentist and dental hygienists retired or retiring from the active practice of dentistry and dental hygiene who wish to donate their expertise for the care and treatment of indigent and needy patients in the clinic setting of clinics organized, in whole or in part, for the delivery of health care services without charge. The special volunteer dentist or dental hygienist license shall be issued by the board to dentist or dental hygienists licensed or otherwise eligible for licensure under this article and the legislative rules promulgated hereunder without the payment of an application fee, license fee or renewal fee, shall be issued for the remainder of the licensing period, and renewed consistent with the boards other licensing requirements. The board shall develop application forms for the special license provided in this subsection which shall contain the dental hygienist's acknowledgment that:
     (1) The dentist or dental hygienist's practice under the special volunteer dentist or dental hygienist license will be exclusively devoted to providing dentistry or dental hygiene care to needy and indigent persons in West Virginia;
     (2) The dentist or dental hygienist will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for any dentistry or dental hygiene services rendered under the special volunteer dentist or dental hygienist license;
     (3) The dentist or dental hygienist will supply any supporting documentation that the board may reasonably require; and
     (4) The dentist or dental hygienist agrees to continue to participate in continuing professional education as required by the board for the special volunteer dentist or dental hygienist.
     (b) Any dentist or dental hygienist who renders any dentistry or dental hygiene service to indigent and needy patients of a clinic organized, in whole or in part, for the delivery of health care services without charge under a special volunteer dentist or dental hygienist license authorized under subsection (a) of this section without payment or compensation or the expectation or promise of payment or compensation is immune from liability for any civil action arising out of any act or omission resulting from the rendering of the dental hygiene service at the clinic unless the act or omission was the result of the dentist's or dental hygienist's gross negligence or willful misconduct. In order for the immunity under this subsection to apply, there shall be a written agreement between the dentist or dental hygienist and the clinic pursuant to which the dentist or dental hygienist will provide voluntary uncompensated dental hygiene services under the control of the clinic to patients of the clinic before the rendering of any services by the dentist or dental hygienist at the clinic: Provided, That any clinic entering into such written agreement is required to maintain liability coverage of not less than one million dollars per occurrence.
     (c) Notwithstanding the provisions of subsection (b) of this section, a clinic organized, in whole or in part, for the delivery of health care services without charge is not relieved from imputed liability for the negligent acts of a dentist or dental hygienist rendering voluntary dental hygiene services at or for the clinic under a special volunteer dentist or dental hygienist license authorized under subsection (a) of this section.
     (d) For purposes of this section, "otherwise eligible for licensure" means the satisfaction of all the requirements for licensure as listed in section eight of this article and in the legislative rules promulgated thereunder, except the fee requirements of subdivision (6) of that section and of the legislative rules promulgated by the board relating to fees.
     (e) Nothing in this section may be construed as requiring the board to issue a special volunteer dentist or dental hygienist license to any dental hygienist whose license is or has been subject to any disciplinary action or to any dentist or dental hygienist who has surrendered a license or caused such license to lapse, expire and become invalid in lieu of having a complaint initiated or other action taken against his or her dentist or dental hygienist license, or who has elected to place a dentist or dental hygienist license in inactive status in lieu of having a complaint initiated or other action taken against his or her license, or who has been denied a dentist or dental hygienist license.
     (f) Any policy or contract of liability insurance providing coverage for liability sold, issued or delivered in this state to any dentist or dental hygienist covered under the provisions of this article shall be read so as to contain a provision or endorsement whereby the company issuing such policy waives or agrees not to assert as a defense on behalf of the policyholder or any beneficiary thereof, to any claim covered by the terms of such policy within the policy limits, the immunity from liability of the insured by reason of the care and treatment of needy and indigent patients by a dentist or dental hygienist who holds a special volunteer dentist or dental hygienist license.
§30-4-16. Dental corporations.
     (a) Dental corporations are continued.
     (b) One or more dentists may organize and become a shareholder or shareholders of a dental corporation domiciled within this state under the terms and conditions and subject to the limitations and restrictions specified by rule.
     (c) No corporation may practice dentistry, or any of its branches, or hold itself out as being capable of doing so without a certificate of authorization from the board.
     (d) When the Secretary of State receives a certificate of authorization to act as a dental corporation from the board, he or she shall attach the authorization to the corporation application and, upon compliance with the applicable provisions of chapter thirty-one of this code, the Secretary of State shall issue to the incorporators a certificate of incorporation for the dental corporation.
     (e) A corporation holding a certificate of authorization shall renew annually, on or before June 30, on a form prescribed by the board and pay an annual fee in an amount specified by rule.
     (f) A dental corporation may practice dentistry only through an individual dentist or dentists licensed to practice dentistry in this state, but the dentist or dentists may be employees rather than shareholders of the corporation.
     (g) A dental corporation holding a certificate of authorization shall cease to engage in the practice of dentistry upon being notified by the board that any of its shareholders is no longer a licensed dentist or when any shares of the corporation have been sold or disposed of to a person who is not a licensed dentist: Provided, That the personal representative of a deceased shareholder has a period, not to exceed twenty-four months from the date of the shareholder's death, to dispose of the shares; but nothing contained herein may be construed as affecting the existence of the corporation or its right to continue to operate for all lawful purposes other than the practice of dentistry.
§30-4-17. Reinstatement.
     (a) A licensee against whom disciplinary action has been taken under the provisions of this article shall be afforded an opportunity to demonstrate the qualifications to resume practice. The application for reinstatement shall be in writing and subject to the procedures specified by the board by rule.
     (b) A licensee who does not complete annual renewal, as specified by the board by rule, and whose licensed has lapsed for one year or longer, shall make application for reinstatement as specified by the board by rule.
     (c) The board, at its discretion and for cause, may require an applicant for reinstatement to undergo a physical and/or mental evaluation to determine a licensee is competent to practice or if the licensee is impaired by drugs or alcohol.
§30-4-18. Actions to enjoin violations.
     (a) If the board obtains information that any person has engaged in, is engaging in or is about to engage in any act which constitutes or will constitute a violation of the provisions of this article, the rules promulgated pursuant to this article, or a final order or decision of the board, it may issue a notice to the person to cease and desist in engaging in the act and/or apply to the circuit court in the county of the alleged violation for an order enjoining the act.
     (b) The circuit court may issue a temporary injunction pending a decision on the merits, and may issue a permanent injunction based on its findings in the case.
     (c) The judgment of the circuit court on an application permitted by the provisions of this section is final unless reversed, vacated or modified on appeal to the West Virginia Supreme Court of Appeals.
§30-4-19. Complaints; investigations; due process procedure; grounds for disciplinary action.
     (a) The board may initiate a complaint upon receipt of credible information, and shall upon the receipt of a written complaint of any person, cause an investigation to be made to determine whether grounds exist for disciplinary action under this article or the legislative rules promulgated pursuant to this article.
     (b) After reviewing any information obtained through an investigation, the board shall determine if probable cause exists that the licensee, certificate holder or permittee has violated subsection (g) of this section or rules promulgated pursuant to this article.
     (c) Upon a finding of probable cause to go forward with a complaint, the board shall provide a copy of the complaint to the licensee, certificate holder or permittee.
     (d) Upon a finding that probable cause exists that the licensee, certificate holder or permittee has violated subsection (g) of this section or rules promulgated pursuant to this article, the board may enter into a consent decree or hold a hearing for disciplinary action against the licensee, certificate holder or permittee. Any hearing shall be held in accordance with the provisions of this article, and shall require a violation to be proven by a preponderance of the evidence.
     (e) A member of the complaint committee or the executive director of the board may issue subpoenas and subpoenas duces tecum to obtain testimony and documents to aid in the investigation of allegations against any person regulated by the article.
     (f) Any member of the board or its executive director may sign a consent decree or other legal document on behalf of the board.
     (g) The board may, after notice and opportunity for hearing, deny or refuse to renew, suspend, restrict or revoke the license, certificate or permit of, or impose probationary conditions upon or take disciplinary action against, any licensee, certificate holder or permittee for any of the following reasons:
     (1) Obtaining a board authorization by fraud, misrepresentation or concealment of material facts;
     (2) Being convicted of a felony or a misdemeanor crime of moral turpitude;
     (3) Being guilty of unprofessional conduct which placed the public at risk, as defined by legislative rule of the board;
     (4) Intentional violation of a lawful order or legislative rule of the board;
     (5) Having had a board authorization revoked or suspended, other disciplinary action taken, or an application for a board authorization denied by the proper authorities of another jurisdiction;
     (6) Aiding or abetting unlicensed practice;
     (7) Engaging in an act while acting in a professional capacity which has endangered or is likely to endanger the health, welfare or safety of the public;
     (8) Having an incapacity that prevents a licensee from engaging in the practice of dentistry or dental hygiene, with reasonable skill, competence and safety to the public;
     (9) Committing fraud in connection with the practice of dentistry or dental hygiene;
     (10) Failing to report to the board one's surrender of a license or authorization to practice dentistry or dental hygiene in another jurisdiction while under disciplinary investigation by any of those authorities or bodies for conduct that would constitute grounds for action as defined in this section;
     (11) Failing to report to the board any adverse judgment, settlement or award arising from a malpractice claim arising related to conduct that would constitute grounds for action as defined in this section;
     (12) Being guilty of unprofessional conduct as contained in the American Dental Association principles of ethics and code of professional conduct. The following acts are conclusively presumed to be unprofessional conduct:
     (A) Being guilty of any fraud or deception;
     (B) Committing a criminal operation or being convicted of a crime involving moral turpitude;
     (C) Abusing alcohol or drugs;
     (D) Violating any professional confidence or disclosing any professional secret;
     (E) Being grossly immoral;
     (F) Harassing, abusing, intimidating, insulting, degrading or humiliating a patient physically, verbally or through another form of communication;
     (G) Obtaining any fee by fraud or misrepresentation;
     (H) Employing directly or indirectly, or directing or permitting any suspended or unlicensed person so employed, to perform operations of any kind or to treat lesions of the human teeth or jaws or correct malimposed formations thereof;
     (I) Practicing, or offering, or undertaking to practice dentistry under any firm name or trade name not approved by the board;
     (J) Having a professional connection or association with, or lending his or her name to another, for the illegal practice of dentistry, or professional connection or association with any person, firm or corporation holding himself or herself, themselves or itself out in any manner contrary to this article;
     (K) Making use of any advertising relating to the use of any drug or medicine of unknown formula;
     (L) Advertising to practice dentistry or perform any operation thereunder without causing pain;
     (M) Advertising professional superiority or the performance of professional services in a superior manner;
(N) Advertising to guarantee any dental service;
     (O) Advertising in any manner that is false or misleading in any material respect;
     (P) Soliciting subscriptions from individuals within or without the state for, or advertising or offering to individuals within or without the state, a course or instruction or course materials in any phase, part or branch of dentistry or dental hygiene in any journal, newspaper, magazine or dental publication, or by means of radio, television or United States mail, or in or by any other means of contacting individuals: Provided, That the provisions of this paragraph may not be construed so as to prohibit:
     (i) An individual dentist or dental hygienist from presenting articles pertaining to procedures or technique to state or national journals or accepted dental publications; or
     (ii) educational institutions approved by the board from offering courses or instruction or course materials to individual dentists and dental hygienists from within or without the state; or
     (Q) Engaging in any action or conduct which would have warranted the denial of the license;
     (13) Knowing or suspecting that a licensee is incapable of engaging in the practice of dentistry or dental hygiene, with reasonable skill, competence and safety to the public, and failing to report any relevant information to the board;
     (14) Using or disclosing protected health information in an unauthorized or unlawful manner;
     (15) Engaging in any conduct that subverts or attempts to subvert any licensing examination or the administration of any licensing examination;
     (16) Failing to furnish to the board or its representatives any information legally requested by the board, or failing to cooperate with or engaging in any conduct which obstructs an investigation being conducted by the board;
     (17) Announcing or otherwise holding himself or herself out to the public as a specialist or as being specially qualified in any particular branch of dentistry or as giving special attention to any branch of dentistry or as limiting his or her practice to any branch of dentistry without first complying with the requirements established by the board for the specialty and having been issued a certificate of qualification in the specialty by the board;
     (18) Failing to report to the board within seventy-two hours of becoming aware thereof any life threatening occurrence, serious injury or death of a patient resulting from dental treatment or complications following a dental procedure;
     (19) Failing to report to the board any Driving Under the Influence and/or Driving While Intoxicated offense; or
     (20) Violation of any of the terms or conditions of any order entered in any disciplinary action.
     (h) For the purposes of subsection (g) of this section, effective July 1, 2013, disciplinary action may include:
     (1) Reprimand;
     (2) Probation;
     (3) Restrictions;
     (4) Suspension;
     (5) Revocation;
     (6) Administrative fine, not to exceed $1,000 per day per violation;
     (7) Mandatory attendance at continuing education seminars or other training;
     (8) Practicing under supervision or other restriction; or
     (9) Requiring the licensee or permittee to report to the board for periodic interviews for a specified period of time.
     (i) In addition to any other sanction imposed, the board may require a licensee or permittee to pay the costs of the proceeding.
     (j) A person authorized to practice under this article, who reports or otherwise provides evidence of the negligence, impairment or incompetence of another member of this profession to the board or to any peer review organization, is not liable to any person for making the report if the report is made without actual malice and in the reasonable belief that the report is warranted by the facts known to him or her at the time.
§30-4-20. Procedures for hearing; right of appeal.
     (a) Hearings are governed by the provisions of section eight, article one of this chapter.
     (b) The board may conduct the hearing or elect to have an administrative law judge conduct the hearing.
     (c) If the hearing is conducted by an administrative law judge, at the conclusion of a hearing he or she shall prepare a proposed written order containing findings of fact and conclusions of law. The proposed order may contain proposed disciplinary actions if the board so directs. The board may accept, reject or modify the decision of the administrative law judge.
     (d) Any member or the executive director of the board has the authority to administer oaths, examine any person under oath.
     (e) If, after a hearing, the board determines the licensee or permittee has violated provisions of this article or the board's rules, a formal written decision shall be prepared which contains findings of fact, conclusions of law and a specific description of the disciplinary actions imposed.
§30-4-21. Judicial review.
     A person adversely affected by a decision of the board denying an application or entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code and may appeal any ruling resulting from judicial review in accordance with article six, chapter twenty-nine-a of this code.
§30-4-22. Criminal offenses.
     (a) When, as a result of an investigation under this article or otherwise, the board has reason to believe that a person authorized under this article has committed a criminal offense under this article, the board may bring its information to the attention of an appropriate law-enforcement official.
     (b) Any person who intentionally practices, or holds himself or herself out as qualified to practice dentistry or dental hygiene, or uses any title, word or abbreviation to indicate to or induce others to believe he or she is licensed to practice as a dentist or dental hygienist without obtaining an active, valid West Virginia license to practice that profession or with a license that is:
     (1) Expired, suspended or lapsed; or
     (2) Inactive, revoked, suspended as a result of disciplinary action, or surrendered, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $10,000.
§30-4-23. Single act evidence of practice.
     In any action brought under this article, article four-a or four-b any proceeding initiated under this article, evidence of the commission of a single act prohibited by this article is sufficient to justify a penalty, injunction, restraining order or conviction without evidence of a general course of conduct.
§30-4-24. Inapplicability of article.
     The provisions of this article do not apply to:
     (1) A licensed physician or surgeon in the practice of his or her profession when rendering dental relief in emergency cases, unless he or she undertakes to reproduce or reproduces lost parts of the human teeth or to restore or replace lost or missing teeth in the human mouth;
     (2) A dental laboratory in the performance of dental laboratory services, while the dental laboratory, in the performance of the work, conforms in all respects to the requirements of article four-b and further does not apply to persons performing dental laboratory services under the direct supervision of a licensed dentist or under the direct supervision of a person authorized under this article to perform any of the acts in this article defined to constitute the practice of dentistry while the work is performed in connection with, and as a part of, the dental practice of the licensed dentist or other authorized person and for his or her dental patients;
     (3) A student enrolled in and regularly attending any dental college recognized by the board, provided their acts are done in the dental college and under the direct and personal supervision of their instructor;
     (4) A student enrolled in and regularly attending any dental college, recognized by the board, practicing dentistry in a public health setting, provided their acts are done under the direct supervision of their instructor, adjunct instructor or a dentist;
     (5) An authorized dentist of another state temporarily operating a clinic under the auspices of a organized and reputable dental college or reputable dental society, or to one lecturing before a reputable society composed exclusively of dentists; or
     (6) A dentists whose practice is confined exclusively to the service of the United States Army, the United States Navy, the United States Air Force, the United States Coast Guard, the United States Public Health Service, the United States Veteran's Bureau or any other authorized United States government agency or bureau.
ARTICLE 4A. ADMINISTRATION OF ANESTHESIA BY DENTISTS.
§30-4A-1. Requirement for anesthesia permit; qualifications and requirements for qualified monitors.
     (a) No dentist may induce central nervous system anesthesia without first having obtained an anesthesia permit for the level of anesthesia being induced.
     (b) The applicant for an anesthesia permit shall pay the appropriate permit fees and renewal fees, submit a completed board-approved application and consent to an office evaluation.
     (c) Permits shall be issued to coincide with the annual renewal dates for licensure.
     (d) Permit holders shall report the names and qualifications of each qualified monitor providing services to that permit holder. A qualified monitor may not perform the functions and responsibilities specified in this article for any level of anesthesia, other than relative analgesia/minimal sedation, without certification by the board. Qualified monitors shall apply for certification and pay the appropriate application fees and renewal fees. Qualified monitors are required to renew annually by June 30. To be certified as a qualified monitor, the applicant must meet the following minimum qualifications:
     (1) Possess a current health care provider BLS/CPR certification;
     (2) For monitoring, conscious sedation/moderate sedation or general anesthesia/deep conscious sedation procedures, successful completion of an AAOMS or AAPD anesthesia assistants certification program; and
     (3) For monitoring a nitrous oxide unit, successful completion of a board-approved course in nitrous oxide monitoring.
     (e) A dentist shall hold a class permit equivalent to or exceeding the anesthesia level being provided, unless the provider of anesthesia is a physician anesthesiologist or another licensed dentist who holds a current anesthesia permit issued by the board.
§30-4A-2. Presumption of degree of central nervous system depression.
     (a) In any hearing where a question exists as to the level of central nervous system depression a licensee has induced, as outlined in this article, the board may base its findings on, among other things, the types, dosages and routes of administration of drugs administered to the patient and what result can reasonably be expected from those drugs in those dosages and routes administered in a patient of that physical and psychological status.
     (b) No permit holder may have more than one person under conscious sedation/moderate sedation and/or general anesthesia/deep conscious sedation at the same time, exclusive of recovery.
§30-4A-3. Classes of anesthesia permits.
     (a) The board shall issue the following permits:
     (1) Class 2 permit: A Class 2 permit authorizes a dentist to induce anxiolysis/minimal sedation.
     (2) Class 3 permit: A Class 3 permit authorizes a dentist to induce conscious sedation/moderate sedation as limited enteral (3a) and/or comprehensive parenteral (3b) and anxiolysis/minimal sedation.
     (3) Class 4 permit: A Class 4 permit authorizes a dentist to induce general anesthesia/deep conscious sedation, conscious sedation/moderate sedation and anxiolysis/minimal sedation.
     (b) When anesthesia services are provided in dental facilities by a MD or DO physician anesthesiologist or dentist anesthesiologist, the dental facility shall be inspected and approved for a Class 4 permit, and the dentist shall have a minimum of a Class 2 permit. If anesthesia services are provided by a CRNA, the dental facility shall be inspected and approved for a Class 4 permit and the supervising dentist shall have the same level of permit for the level of anesthesia provided by the CRNA.
§30-4A-4. Qualifications, standards and continuing education requirements for relative analgesia/minimal sedation use.
     (a) The board shall allow administration of relative analgesia/minimal sedation if the practitioner:
     (1) Is a licensed dentist in the state;
     (2) Holds valid and current documentation showing successful completion of a Health Care Provider BLS/CPR course; and
     (3) Has completed a training course of instruction in dental school, continuing education or as a postgraduate in the administration of relative analgesia/minimal sedation.
     (b) A practitioner who administers relative analgesia/minimal sedation shall have the following facilities, equipment and drugs available during the procedure and during recovery:
     (1) An operating room large enough to adequately accommodate the patient on an operating table or in an operating chair and to allow delivery of age appropriate care in an emergency situation;
     (2) An operating table or chair which permits the patient to be positioned so that the patient's airway can be maintained, quickly alter the patient's position in an emergency and provide a firm platform for the administration of basic life support;
     (3) A lighting system which permits evaluation of the patient's skin and mucosal color and a backup lighting system of sufficient intensity to permit completion of any operation underway in the event of a general power failure;
     (4) Suction equipment which permits aspiration of the oral and pharyngeal cavities;
     (5) An oxygen delivery system with adequate age appropriate full face masks and appropriate connectors that is capable of delivering high-flow oxygen to the patient under positive pressure, together with an adequate backup system;
     (6) A nitrous oxide delivery system with a fail-safe mechanism that will ensure appropriate continuous oxygen delivery and a scavenger system; and
     (7) A defibrillator device: Provided, That this requirement is only for Class 2, 3 and 4 permitees.
     (c) All equipment used shall be appropriate for the height and weight and age of the patient.
     (d) Before inducing relative analgesia/minimal sedation by means of nitrous oxide or a single pre-medication agent, a practitioner shall:
     (1) Evaluate the patient;
     (2) Give instruction to the patient or, when appropriate due to age or psychological status of the patient, the patient's guardian; and
     (3) Certify that the patient is an appropriate candidate for relative analgesia/minimal sedation.
     (e) A practitioner who administers relative analgesia/minimal sedation shall see that the patient's condition is visually monitored. At all times, the patient shall be observed by a qualified monitor until discharge criteria have been met.
     (f) A qualified monitor's record shall include documentation of all medications administered with dosages, time intervals and route of administration including local anesthesia.
     (g) A discharge entry shall be made in the patient's record indicating the patient's condition upon discharge.
     (h) A qualified monitor shall hold valid and current documentation:
     (1) Showing successful completion of a Health Care Provider BLS/CPR course; and
     (2) Have received training and be competent in the recognition and treatment of medical emergencies, monitoring vital signs, the operation of nitrous oxide delivery systems and the use of the sphygmomanometer and stethoscope.
     (i) The practitioner shall assess the patient's responsiveness using preoperative values as normal guidelines and discharge the patient only when the following criteria are met:
     (1) The patient is alert and oriented to person, place and time as appropriate to age and preoperative neurological status;
     (2) The patient can talk and respond coherently to verbal questioning or to preoperative neurological status;
     (3) The patient can sit up unaided or without assistance or to preoperative neurological status;
     (4) The patient can ambulate with minimal assistance or to preoperative neurological status; and
     (5) The patient does not have uncontrollable nausea, vomiting or dizziness.
§30-4A-5. Qualifications, standards and continuing education requirements for a Class 2 permit.
     (a) The board shall issue a Class 2 permit to an applicant who:
     (1) Is a licensed dentist in West Virginia;
     (2) Holds valid and current documentation showing successful completion of a Health Care Provider BLS/CPR; and
     (3) Has completed a board approved course of at least six hours didactic and clinical of either predoctoral dental school or postgraduate instruction.
     (b) A dentist who induces relative analgesia/minimal sedation and anxiolysis/minimal sedation shall have the following facilities, properly maintained equipment and appropriate drugs available during the procedures and during recovery:
     (1) An operating room large enough to adequately accommodate the patient on an operating table or in an operating chair and to allow an operating team of at least two individuals to freely move about the patient;
     (2) An operating table or chair which permits the patient to be positioned so the operating team can maintain the patient's airway, quickly alter the patient's position in an emergency and provide a firm platform for the administration of basic life support;
     (3) A lighting system which permits evaluation of the patient's skin and mucosal color and a backup lighting system of sufficient intensity to permit completion of any operation underway in the event of a general power failure;
     (4) Suction equipment which permits aspiration of the oral and pharyngeal cavities;
     (5) An oxygen delivery system with adequate age appropriate full face mask and appropriate connectors that is capable of delivering high-flow oxygen to the patient under positive pressure, together with an adequate backup system;
     (6) A nitrous oxide delivery system with a fail-safe mechanism that will ensure appropriate continuous oxygen delivery and a scavenger system;
     (7) A recovery area that has available oxygen, adequate lighting, suction and electrical outlets. The recovery area can be the operating room;
     (8) Sphygmomanometer, stethoscope and pulse oximeter;
     (9) Emergency drugs as specified by rule;
     (10) A defibrillator device; and
     (11) All equipment and medication dosages shall be in accordance with the height and weight and age of the patient being treated.
     (c) Before inducing anxiolysis/minimal sedation, a dentist shall:
     (1) Evaluate the patient by using the ASA Patient Physical Status Classification of the ASA that the patient is an appropriate candidate for anxiolysis/minimal sedation; and
     (2) Obtain written informed consent from the patient or patient's guardian for the anesthesia. The obtaining of the informed consent shall be documented in the patient's record.
     (d) The dentist shall monitor and record the patient's condition or shall use a qualified monitor to monitor and record the patient's condition. The documented requirements of a qualified monitor monitoring anxiolysis/minimal sedation cases are as specified by rule. A Class 2 permit holder may have no more than one person under anxiolysis/minimal sedation at the same time.
     (e) The patient shall be monitored as follows:
     (1) Patients shall have continuous monitoring using pulse oximetry. The patient's blood pressure, heart rate and respiration shall be recorded at least once before, during and after the procedure, and these recordings shall be documented in the patient record. At all times, the patient shall be observed by a qualified monitor until discharge criteria have been met. If the dentist is unable to obtain this information, the reasons shall be documented in the patient's record. The record shall also include documentation of all medications administered with dosages, time intervals and route of administration including local anesthesia.
     (2) A discharge entry shall be made by the dentist in the patient's record indicating the patient's condition upon discharge.
     (f) A permit holder who uses anxiolysis/minimal sedation shall see that the patient's condition is visually monitored. The patient shall be monitored as to response to verbal stimulation, oral mucosal color and preoperative and postoperative vital signs.
     (g) The dentist shall assess the patient's responsiveness using preoperative values as normal guidelines and discharge the patient only when the following criteria are met:
     (1) Vital signs including blood pressure, pulse rate and respiratory rate are stable;
     (2) The patient is alert and oriented to person, place and time as appropriate to age and preoperative neurological status;
     (3) The patient can talk and respond coherently to verbal questioning or to preoperative neurological status;
     (4) The patient can sit up unaided, or to preoperative neurological status;
     (5) The patient can ambulate with minimal assistance or to preoperative neurological status; and
     (6) The patient does not have uncontrollable nausea or vomiting and has minimal dizziness.
     (h) A dentist may not release a patient who has undergone anxiolysis/minimal sedation except to the care of a responsible adult third party.
§30-4A-6. Qualifications, standards and continuing education requirements for Class 3 anesthesia permit.
     (a) The board shall issue or renew a Class 3 permit to an applicant who:
     (1) Is a licensed dentist in West Virginia;
     (2) Holds valid and current documentation showing successful completion of a Health Care Provider BLS/CPR course, ACLS and/or a PALS course if treating pediatric patients; and
     (3) Satisfies one of the following criteria:
     (A) Certificate of completion of a comprehensive training program in conscious sedation that satisfies the requirements described in the ADA Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students and the ADA Guidelines for the Use of Sedation and General Anesthesia by Dentists at the time training was commenced.
     (B) Certificate of completion of an ADA-accredited postdoctoral training program which affords comprehensive and appropriate training necessary to administer and manage conscious sedation, commensurate with these guidelines.
     (C) In lieu of these requirements, the board may accept documented evidence of equivalent training or experience in conscious sedation anesthesia for Limited Enteral Permit as Class 3a or comprehensive parenteral permit as Class 3b as specified by rule.
     (b) A dentist who induces conscious sedation shall have the following facilities, properly maintained age appropriate equipment and age appropriate medications available during the procedures and during recovery:
     (1) An operating room large enough to adequately accommodate the patient on an operating table or in an operating chair and to allow an operating team of at least two individuals to freely move about the patient;
     (2) An operating table or chair which permits the patient to be positioned so the operating team can maintain the patient's airway, quickly alter the patient's position in an emergency and provide a firm platform for the administration of basic life support;
     (3) A lighting system which permits evaluation of the patient's skin and mucosal color and a backup lighting system of sufficient intensity to permit completion of any operation underway in the event of a general power failure;
     (4) Suction equipment which permits aspiration of the oral and pharyngeal cavities and a backup suction device which will function in the event of a general power failure;
     (5) An oxygen delivery system with adequate age appropriate full face mask and appropriate connectors that is capable of delivering high-flow oxygen to the patient under positive pressure, together with an adequate backup system;
     (6) A nitrous oxide delivery system with a fail-safe mechanism that will ensure appropriate continuous oxygen delivery and a scavenger system;
     (7) A recovery area that has available oxygen, adequate lighting, suction and electrical outlets. The recovery area can be the operating room;
     (8) Sphygmomanometer, pulse oximeter, oral and nasopharyngeal airways, intravenous fluid administration equipment and/or equipment required for the standard of care or as specified by rule;
     (9) Emergency drugs as specified by rule; and
     (10) A defibrillator device.
     (c) Before inducing conscious sedation, a dentist shall:
     (1) Evaluate the patient and document, using the ASA Patient Physical Status Classifications, that the patient is an appropriate candidate for conscious sedation;
     (2) Give written preoperative and postoperative instructions to the patient or, when appropriate due to age or neurological status of the patient, the patient's guardian; and
     (3) Obtain written informed consent from the patient or patient's guardian for the anesthesia.
     (d) The dentist shall ensure that the patient's condition is monitored and recorded on a contemporaneous record. The dentist shall use a qualified monitor to monitor and record the patient's condition in addition to the chair-side dental assistant. A qualified monitor shall be present to monitor the patient at all times.
     (e) The patient shall be monitored as follows:
     (1) Patients shall have continuous monitoring using pulse oximetry and/or equipment required for the standard of care or as specified by rule by a qualified monitor until discharge criteria have been met. The documented requirements of a qualified monitor monitoring limited enteral or comprehensive parenteral sedations cases are as specified by rule. The patient's blood pressure, heart rate and respiration shall be recorded every five minutes, and these recordings shall be documented in the patient record. The record shall also include documentation of preoperative and postoperative vital signs, all medications administered with dosages, time intervals and route of administration including local anesthesia. If the dentist is unable to obtain this information, the reasons shall be documented in the patient's record.
     (2) During the recovery phase, the patient shall be monitored by a qualified monitor.
     (3) A discharge entry shall be made by the dentist in the patient's record indicating the patient's condition upon discharge and the name of the responsible party to whom the patient was discharged.
     (f) A dentist may not release a patient who has undergone conscious sedation/moderate sedation except to the care of a responsible adult third party.
     (g) When discharging a pediatric patient the dentist shall follow the current edition of AAPD Guidelines for Monitoring and Management of Pediatric Patients During and After Sedation for Diagnostic and Therapeutic Procedures.
     (h) The dentist shall assess the patient's responsiveness using preoperative values as normal guidelines and discharge the patient only when the following criteria are met:
     (1) Vital signs including blood pressure, pulse rate and respiratory rate are stable;
     (2) The patient is alert and oriented to person, place and time as appropriate to age and preoperative neurological status;
     (3) The patient can talk and respond coherently to verbal questioning or to preoperative neurological status;
     (4) The patient can sit up unaided or to preoperative neurological status;
     (5) The patient can ambulate with minimal assistance or to preoperative neurological status; and
     (6) The patient does not have uncontrollable nausea or vomiting and has minimal dizziness.
     (i) A dentist who induces conscious sedation shall employ the services of a qualified monitor and a chair-side dental assistant at all times who each shall hold a valid BLS/CPR certification and maintains certification as specified by rule.
§30-4A-7. Qualifications, standards and continuing education requirements for Class 4 anesthesia permit.
     (a) A Class 4 permit permits the use of general anesthesia/deep conscious sedation, conscious sedation/moderate sedation and anxiolysis/minimal sedation.
     (b) The board shall issue or renew a Class 4 permit to an applicant who:
     (1) Is a licensed dentist in West Virginia;
     (2) Holds a valid and current documentation showing successful completion of a Health Care Provider BLS/CPR course, Advanced Cardiac Life Support (ACLS) and/or Pediatric Advanced Life Support (PALS) course if treating pediatric patients;
     (3) Satisfies one of the following criteria:
     (A) Completion of an advanced training program in anesthesia and related subjects beyond the undergraduate dental curriculum that satisfies the requirements described in the ADA Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students and the ADA Guidelines for the Use of Sedation and General Anesthesia by Dentists at the time training was commenced;
     (B) Completion of an ADA or AMA accredited postdoctoral training program which affords comprehensive and appropriate training necessary to administer and manage general anesthesia, commensurate with these guidelines;
     (C) In lieu of these requirements, the board may accept documented evidence of equivalent training or experience in general anesthesia/deep conscious sedation.
     (c) A dentist who induces general anesthesia/deep conscious sedation shall have the following facilities, properly maintained age appropriate equipment and age appropriate drugs available during the procedure and during recovery:
     (1) An operating room large enough to adequately accommodate the patient on an operating table or in an operating chair and to allow an operating team of at least three individuals to freely move about the patient;
     (2) An operating table or chair which permits the patient to be positioned so the operating team can maintain the patient's airway, quickly alter the patient's position in an emergency and provide a firm platform for the administration of basic life support;
     (3) A lighting system which permits evaluation of the patient's skin and mucosal color and a backup lighting system of sufficient intensity to permit completion of any operation underway in the event of a general power failure;
     (4) Suction equipment which permits aspiration of the oral and pharyngeal cavities and a backup suction device which will function in the event of a general power failure;
     (5) An oxygen delivery system with adequate age appropriate full face mask and appropriate connectors that is capable of delivering high-flow oxygen to the patient under positive pressure, together with an adequate backup system;
     (6) A nitrous oxide delivery system with a fail-safe mechanism that will ensure appropriate continuous oxygen delivery and a scavenger system;
     (7) A recovery area that has available oxygen, adequate lighting, suction and electrical outlets. The recovery area can be the operating room;
     (8) Equipment as specified by rule;
     (9) Emergency drugs as specified by rule
     (10) A defibrillator device.
     (d) Before inducing general anesthesia/deep conscious sedation the dentist shall:
     (1) Evaluate the patient and document, using the ASA Patient Physical Status Classifications, that the patient is an appropriate candidate for general anesthesia or deep conscious sedation;
     (2) Shall give written preoperative and postoperative instructions to the patient or, when appropriate due to age or neurological status of the patient, the patient's guardian; and
     (3) Shall obtain written informed consent from the patient or patient's guardian for the anesthesia.
     (e) A dentist who induces general anesthesia/deep conscious sedation shall ensure that the patient's condition is monitored and recorded on a contemporaneous record. The dentist shall use a qualified monitor to monitor and record the patient's condition on a contemporaneous record and a chair-side dental assistant. The documented requirements of a qualified monitor monitoring general anesthesia/deep conscious sedation cases are as specified by rule. No permit holder may have more than one patient under general anesthesia at the same time.
     (f) The patient shall be monitored as follows:
     (1) Patients shall have continuous monitoring using pulse oximetry and/or equipment required for the standard of care or as specified by rule by a qualified monitor until discharge criteria have been met. The patient's blood pressure, heart rate and oxygen saturation shall be assessed every five minutes and shall be contemporaneously documented in the patient record. The record shall also include documentation of preoperative and postoperative vital signs, all medications administered with dosages, time intervals and route of administration including local anesthesia. The person administering the anesthesia may not leave the patient while the patient is under general anesthesia;
     (2) During the recovery phase, the patient shall be monitored, including the use of pulse oximetry, by a qualified monitor; and
     (3) A dentist may not release a patient who has undergone general anesthesia/deep conscious sedation except to the care of a responsible adult third party.
     (4) When discharging a pediatric patient the dentist shall follow the current edition of AAPD Guidelines for the Monitoring and Management of Pediatric Patients During and After Sedation for Diagnostic and Therapeutic Procedures.
     (g) The dentist shall assess the patient's responsiveness using preoperative values as normal guidelines and discharge the patient only when the following criteria are met:
     (1) Vital signs including blood pressure, pulse rate and respiratory rate are stable;
     (2) The patient is alert and oriented to person, place and time as appropriate to age and preoperative neurological status;
     (3) The patient can talk and respond coherently to verbal questioning or to preoperative neurological status;
     (4) The patient can sit up unaided or to preoperative neurological status;
     (5) The patient can ambulate with minimal assistance or to preoperative neurological status; and
     (6) The patient does not have uncontrollable nausea or vomiting and has minimal dizziness.
     (7) A discharge entry shall be made in the patient's record by the dentist indicating the patient's condition upon discharge and the name of the responsible party to whom the patient was discharged.
     (h) A dentist who induces general anesthesia shall employ the services of a qualified monitor and a chair-side dental assistant at all times, who each shall hold a valid BLS/CPR certification and maintains certification as specified by rule.
§30-4A-8. Board to review, inspect and reinspect dentists for issuance of permits.
     (a) By making application to the board for an anesthesia permit, a dentist consents and authorizes the board to review his or her credentials, inspect or reinspect his or her facilities and investigate any alleged anesthesia mortalities, misadventure or other adverse occurrences. The board shall conduct an in-office review or on-site inspection of any dentist applying for or holding a permit to administer anesthesia.
     Prior to issuing a permit, the board shall conduct an on-site inspection of facility, equipment and auxiliary personnel of the applicant to determine if, in fact, all the requirements for the permit have been met. This inspection or evaluation, if required, shall be carried out by at least two members of the subcommittee. This evaluation is to be carried out in a manner following the principles, but not necessarily the procedures, set forth by the current edition of the AAOMS Office Anesthesia Evaluation Manual. On-site inspections are required and shall be performed for all Class 3a, 3b and 4 permitees. The board may reinspect annually, at its discretion, but shall perform an on-site inspection for all permit holders at least once every five years except Class 2 permit holders. The board reserves the right to conduct an on-site inspection whenever it deems necessary for all permit holders. All on-site inspections shall be held during regular business hours.
     (b) Cancellation or failure to appear or be present for a scheduled evaluation by a permit holder, for an unexplained or unexcusable reason, shall be assessed a penalty fee two times the permit holders normal annual renewal fee. The penalty fee shall be separate from the annual renewal fees.
§30-4A-9. Office evaluations.
     (a) The in-office evaluation shall include:
     (1) Observation of one or more cases of anesthesia to determine the appropriateness of technique and adequacy of patient evaluation and care;
     (2) Inspection of facilities, which shall include, but not be limited to, the inspection of equipment, drugs and patient records and qualified monitor's certifications and documentation; and
     (3) The evaluation shall be performed by a team appointed by the board and shall include a member of the subcommittee who holds a current anesthesia permit in the same class or in a higher class than that held by the permit holder being evaluated;
     (4) Class 2 permit holders may be audited periodically as determined by the committee; and
     (5) Class 3 and 4 permit holders shall be evaluated once every five years.
     (b) A dentist utilizing a licensed dentist who holds a current anesthesia permit issued by the board shall have his or her office inspected to the level of a Class 4 permit as specified by section twelve of this article. The office is only approved at that level when the anesthesia permit holder is present and shall have the number of qualified monitors present as required by this article.
     (c) In addition to the requirements of this article a treating dentist who applies for a certificate to allow a CRNA to administer anesthesia and sedation to a patient, shall maintain a permit as follows:
     (1) A treating dentist, who allows a CRNA to administer limited enteral sedation to a patient, shall maintain a Class 3a permit for themselves and the administration site shall be inspected to a Class 4 permit level;
     (2) A treating dentist, who allows a CRNA to administer comprehensive parenteral sedation to a patient, shall maintain a Class 3b permit for themselves and the administration site shall be inspected to a Class 4 permit level; and
     (3) A treating dentist, who allows a CRNA to administer general anesthesia/deep conscious sedation to a patient, shall maintain a Class 4 permit for themselves and the administration site shall be inspected to a Class 4 permit level.
§30-4A-10. Reporting of death, serious complications or injury.
     If a death, any serious complication or any injury occurs which may have resulted from the administration of general anesthesia/deep conscious sedation, conscious sedation/moderate sedation, anxiolysis/minimal sedation or relative analgesia/minimal sedation, the licensee performing the dental procedure shall submit a written detailed report to the board within seventy-two hours of the incident along with copies of the patient's original complete dental records. If the anesthetic agent was administered by a person other than the person performing the dental procedure, that person shall also submit a detailed written report. The detailed report(s) shall include:
     (1) Name, age and address of patient;
     (2) Name of the licensee and other persons present during the incident along with their names and addresses;
     (3) Address where the incident took place;
     (4) Type of anesthesia and dosages of drugs administered to the patient including local anesthesia;
     (5) A narrative description of the incident including approximate times and evolution of symptoms; and
     (6) The anesthesia record and the signed informed consent form for the anesthesia.
§30-4A-11. Immunity from liability.
     (a) Notwithstanding any other provision of law, no person providing information to the board or to the subcommittee may be held, by reason of having provided the information, to be civilly liable under any law unless the information was false and the person providing information knew or had reason to believe the such information was false.
     (b) No member or employee of the board or the subcommittee may be held by reason of the performance by him or her of any duty, function or activity authorized or required of the board or the subcommittee to be civilly liable. The foregoing provisions of this subsection do not apply with respect to any action taken by any individual if the individual, in taking the action, was motivated by malice toward any person affected by the action.
§30-4A-12. Facility inspections.
     (a) The board shall perform an onsite evaluation of Class 3 and 4 applicants dental facilities, equipment, techniques and personnel prior to issuing a permit. The board may conduct further on-site evaluations.
     (b) The board may inspect Class 2 applicants facilities.
§30-4A-13. Issuance of regular annual permits.
     Upon the recommendation of the subcommittee, the board shall issue permits to applicable dentists. An anesthesia permit shall be renewed annually: Provided, That the permittee meets the requirements of this article and has not been subject to disciplinary action prohibiting issuance of the permit.
§30-4A-14. Waiting period for reapplication or reinspection of facilities.
     A dentist whose application has been denied for failure to satisfy the requirements in the application procedure or the on- site evaluation shall wait thirty days from the date of the denial prior to reapplying and shall submit to another on-site evaluation prior to receiving a permit. The board and the subcommittee shall promptly reinspect the applicant dentist's facilities, techniques, equipment and personnel within ninety days after the applicant has made reapplication.
§30-4A-15. Application and annual renewal of regular permits; fees.
     The board shall require an initial application fee and an annual renewal fee for Class 2, Class 3 and 4 permits. Permits expire annually. The board shall renew permits for the use of anesthesia after the permittee satisfies the application for renewal.
§30-4A-16. Violations of article; penalties for practicing anesthesia without a permit.
     Violations of any of the provisions of this article, whether intentional or unintentional, may result in the revocation or suspension of the dentist's permit to administer anesthesia; multiple or repeated violations or gross infractions, such as practicing anesthesia without a valid permit may result in suspension of the dentist's license to practice dentistry for up to one year as well as other disciplinary measures as deemed appropriate by the board.
§30-4A-17. Appointment of subcommittee; credentials review; and on-site inspections.
     (a) The board shall appoint a subcommittee to carry out the review and on-site inspection of any dentist applying for or renewing a permit under this article.
     (b) The subcommittee shall make a recommendation for issuing or revoking a permit under this article.
     (c) This subcommittee shall be known as the West Virginia Board of Dentistry Subcommittee on Anesthesia. The subcommittee shall, at a minimum, consist of one member of the board who shall act as chairman of the subcommittee, and two members holding a Class 4 permit and two members holding a Class 3 permit.
     (d) The subcommittee shall adopt policies and procedures related to the regulation of general anesthesia/deep conscious sedation, conscious sedation/moderate sedation, anxiolysis/minimal sedation and relative analgesia/minimal sedation with the same being approved by the board. The subcommittee members shall be paid and reimbursed expenses pursuant to article one of this chapter.
ARTICLE 4B. DENTAL LABORATORY SERVICES.
§30-4B-1. Unlawful acts.
     (a) It is unlawful for any person, other than a dentist or other dental practitioner, to sell, offer for sale or furnish any dental prosthesis or other dental laboratory service to any person who is not a dentist or other dental practitioner.
     (b) It is unlawful for any person to perform dental laboratory services without a work authorization: Provided, That this subsection does not apply to a dentist or other dental practitioner, or to their employees working under their direct supervision, performing dental laboratory services as a part of their own dental practice and for their own dental patients.
     (c) It is unlawful for any dental laboratory to perform any dental laboratory service without the issuance of a work authorization by a dentist or other dental practitioner.
     (d) It is unlawful for any dental laboratory or dentist who fabricates a full upper or full lower set of prosthetic dentures not to affix upon the dentures, in a nonremovable manner, the name of the patient, the initials of the dentist's state of practice and license identification.
     (e) It is unlawful for any dental laboratory either directly or indirectly:
     (1) To advertise that it is engaged in the business of performing dental laboratory services;
     (2) To advertise it performs dental laboratory services for members of the public;
     (3) To advertise a price for the performance of dental laboratory services; or
     (4) To advertise techniques used or materials employed by it in the performance of dental laboratory services: Provided, That this subsection does not prevent dental laboratories from advertising in dental journals or in other professional dental publications or from communicating directly to a dentist and other dental practitioner or from listing the dental laboratory in business and telephone directories if the business and telephone directory announcements are limited to name, address and telephone number and do not occupy more than the number of lines necessary to disclose the information, or from displaying the trade name and address of the dental laboratory on the door of its place of business or on name plates or door plates exhibited on the interior or exterior of the place of business.
§30-4B-2. Work authorization required; contents; retention.
     (a) No dental laboratory technician may perform any dental laboratory service without the issuance of a work authorization by a dentist or other dental practitioner.
     (b) Each work authorization shall contain:
     (1) The name and address of the dental laboratory to which it is directed;
     (2) The case identification;
     (3) A specification of the materials to be used;
     (4) A description of the work to be done and, if necessary, diagrams thereof;
     (5) The date of issue; and
     (6) The signature and address of the dentist or other dental practitioner issuing the work authorization.
     (c) A separate work authorization shall be issued for each patient of the dentist or other dental practitioner for whom a dental laboratory service is to be performed.
     (d) Every work authorization shall be made in duplicate with the original being delivered to the dental laboratory to which it is directed and the copy being retained in the office of the issuing dentist or other dental practitioner. A work authorization shall be saved for a period of two years from its date of issue.
§30-4B-3. Denture identification.
     A dental laboratory or a dentist who engages in dental laboratory services and who fabricates any full upper or full lower set of prosthetic dentures shall affix upon the dentures, in a nonremovable manner, the name of the patient for whom the dentures are made and the initials of the dentist's state of practice and license identification number.
§30-4B-4. Review of dental laboratory services.
     The board may review the dental laboratory services of a dental laboratory on a random and general basis without any requirement of a formal complaint or suspicion of impropriety.;
     And,
     That the Senate agree to the amendment of the House of Delegates to the title of the bill.
                              Respectfully submitted,
     Bob Williams, Chair, Robert J. Fitzsimmons, William Cole, Conferees on the part of the Senate.
     Margaret Anne Staggers, Chair, Meshea L. Poore, Kelli Sobonya, Conferees on the part of the House of Delegates.
     Senator Williams, Senate cochair of the committee of conference, was recognized to explain the report.
     Thereafter, on motion of Senator Williams, the report was taken up for immediate consideration and adopted.
     Engrossed Committee Substitute for Senate Bill No. 580, as amended by the conference report, was then put upon its passage.
     On the passage of the bill, as amended, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 580) passed with its House of Delegates amended title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     A message from The Clerk of the House of Delegates announced the adoption by that body of the committee of conference report, passage as amended by the conference report, and requested the concurrence of the Senate in the adoption thereof, as to
     Eng. Com. Sub. for House Bill No. 2585, Increasing the time to file a petition in response to notice of an increased assessment.
     Whereupon, Senator Tucker, from the committee of conference on matters of disagreement between the two houses, as to
     Eng. Com. Sub. for House Bill No. 2585, Increasing the time to file a petition in response to notice of an increased assessment.
     Submitted the following report, which was received:
     Your committee of conference on the disagreeing votes of the two houses as to the amendments of the Senate to Engrossed Committee Substitute for House Bill No. 2585 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
     That both houses recede from their respective positions as to the amendment of the Senate on page three, section fifteen-c, line thirty, and that both houses agree to an amendment as follows:
     On page three, section fifteen-c, line thirty-five, after the word "section." by adding the following: For purposes of this section, "business day" means any day other than Saturday, Sunday or any legal holiday as set forth in section one, article two, chapter two of this code.;
     And,
     That both houses recede from their respective positions as to the amendment of the Senate on page four, section fifteen-d, line seven, and that both houses agree to an amendment as follows:
     On page four, section fifteen-d, line seven, after the word "Commissioner." by inserting the following: For purposes of this section, "business day" means any day other than Saturday, Sunday or any legal holiday as set forth in section one, article two, chapter two of this code.;
     And,
     That the House of Delegates agree to the amendment of the Senate to the title of the bill.
                              Respectfully submitted,
     Doug Skaff, Jr., Chair, Isaac Sponaugle, Bill Hamilton, Conferees on the part of the House of Delegates.
     Gregory A. Tucker, Chair, Donald H. Cookman, Mitch Carmichael, Conferees on the part of the Senate.
     On motions of Senator Tucker, severally made, the report of the committee of conference was taken up for immediate consideration and adopted.
     Engrossed Committee Substitute for House Bill No. 2585, as amended by the conference report, was then put upon its passage.
     On the passage of the bill, as amended, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2585) passed with its Senate amended title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Senator Jenkins, from the committee of conference on matters of disagreement between the two houses, as to
     Eng. Senate Bill No. 108, Creating Unintentional Pharmaceutical Drug Overdose Fatality Review Team.
     Submitted the following report, which was received:
     Your committee of conference on the disagreeing votes of the two houses as to the amendments of the House to Engrossed Senate Bill No. 108 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
     That both houses recede from their respective positions as to the amendment of the House, striking out everything after the enacting clause, and agree to the same as follows:
     That §48-25A-1, §48-25A-2 and §48-25A-3 of the Code of West Virginia, 1931, as amended, be repealed; that §48-27A-1, §48-27A-2 and §48-27A-3 of said code be repealed; that §49-5D-5 of said code be repealed; that said code be amended by adding thereto a new article, designated §61-12A-1, §61-12A-2, §61-12A-3 and §61-12A-4, all to read as follows:
ARTICLE 12A. FATALITY AND MORTALITY REVIEW TEAM.
§61-12A-1. Fatality and Mortality Review Team.
     (a) The Fatality and Mortality Review Team is created under the Bureau for Public Health. The Fatality and Mortality Review Team is a multidisciplinary team created to oversee and coordinate the examination, review and assessment of:
     (1) The deaths of all persons in West Virginia who die as a result of unintentional prescription or pharmaceutical drug overdoses;
     (2) The deaths of children under the age of eighteen years;
     (3) The deaths resulting from suspected domestic violence; and
     (4) The deaths of all infants and all women who die during pregnancy, at the time of birth or within one year of the birth of a child.
     (b) The Fatality and Mortality Review Team shall consist of the following members:
     (1) The Chief Medical Examiner in the Bureau for Public Health, or his or her designee, who is to serve as the chairperson and who is responsible for calling and coordinating meetings of the Fatality and Mortality Review Team and meetings of any advisory panel created by the Fatality and Mortality Review Team;
     (2) The Commissioner of the Bureau for Public Health, or his or her designee;
     (3) The Superintendent of the West Virginia State Police, or his or her designee; and
     (4) A prosecuting attorney, as appointed by the Governor, who shall serve for a term of three years unless otherwise reappointed to a second or subsequent term. A prosecuting attorney appointed to the team shall continue to serve until his or her term expires or until his or her successor has been appointed.
     (c) Each member shall serve without additional compensation and may not be reimbursed for any expenses incurred in the discharge of his or her duties under the provisions of this article.
§61-12A-2. Responsibilities of the Fatality and Mortality Review Team and Advisory Panels.
     (a) The Fatality and Mortality Review Team shall establish the following advisory panels to carry out the purposes of this article including:
     (1) An unintentional pharmaceutical drug overdose fatality review panel to examine, analyze and review deaths resulting from unintentional prescription or pharmaceutical drug overdose;
     (2) A child fatality review panel to examine, analyze and review deaths of children under the age of eighteen years;
     (3) A domestic violence fatality review panel to examine, analyze and review deaths resulting from suspected domestic violence;
     (4) An infant and maternal mortality review panel to examine, analyze and review the deaths of infants and women who die during pregnancy, at the time of birth or within one year of the birth of a child.
     (b) The members of the Fatality and Mortality Review Team shall serve as members of each of the advisory panels established pursuant to this article.
     (c) The Commissioner of the Bureau for Public Health, in consultation with the Fatality and Mortality Review Team, shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code, that the advisory panels shall follow. Those rules shall include, at a minimum:
     (1) The representatives that shall be included on each advisory panel;
     (2) The responsibilities of each of the advisory panels, including, but not limited to, each advisory panel's responsibility to:
     (A) Review and analyze all deaths as required by this article;
     (B) Ascertain and document the trends, patterns and risk factors; and
     (C) Provide statistical information and analysis regarding the causes of certain fatalities; and
     (3) The standard procedures for the conduct of the advisory panels;
     (4) The processes and protocols for the review and analysis of fatalities and mortalities of those who were not suffering from mortal diseases shortly before death;
     (5) The processes and protocols to ensure confidentiality of records obtained by the advisory panel;
     (6) That the advisory panels must submit a report to the Fatality and Mortality Review Team annually, the date the annual report must be submitted and the contents of the annual report;
     (7) That the advisory panel may include any additional persons with expertise or knowledge in a particular field that it determines are needed in the review and consideration of a particular case as a result of a death in subsection (a) of section one;
     (8) That the advisory panel may provide training for state agencies and local multidisciplinary teams on the matters examined, reviewed and analyzed by the advisory panel;
     (9) The advisory panel's responsibility to promote public awareness on the matters examined, reviewed and analyzed by the advisory panel;
     (10) Actions the advisory panel may not take or engage in including:
     (A) Call witnesses or take testimony from individuals involved in the investigation of a fatality;
     (B) Contact a family member of the deceased;
     (C) Enforce any public health standard or criminal law or otherwise participate in any legal proceeding; or
     (D) Otherwise take any action which, in the determination of a prosecuting attorney or his or her assistants, impairs the ability of the prosecuting attorney, his or her assistants or any law-enforcement officer to perform his or her statutory duties; and
     (11) Other rules as may be deemed necessary to effectuate the purposes of this article.
     (d) The Fatality and Mortality Review Team shall submit an annual report to the Governor and to the Legislative Oversight Commission on Health and Human Resources Accountability concerning its activities within the state and the activities of the advisory panels. The report is due annually on December 1. The report is to include statistical information concerning cases reviewed during the year, trends and patterns concerning these cases and the team's recommendations to reduce the number of fatalities and moralities that occur in the state.
§61-12A-3. Access to information; other agencies of government required to cooperate.
     (a) Notwithstanding any other provision of this code to the contrary, the Fatality and Mortality Review Team and the advisory panels established by the team pursuant to this article may request information and records as necessary to carry out its responsibilities. Records and information that may be requested under this section include:
     (1) Medical, dental and mental health records;
     (2) Substance abuse records to the extent allowed by federal law; and
     (3) Information and records maintained by any state, county and local government agency, except as provided in subsection (c), section two of this article.
     (b) State, county and local government agencies shall provide the Fatality and Mortality Review Team and the advisory panels established by the team with any information requested in writing by the team or by an advisory panel.
§61-12A-4. Confidentiality.
     (a) Proceedings, records and opinions of the Fatality and Mortality Review Team and the advisory panels established by the team pursuant to this article are confidential and are not subject to discovery, subpoena or introduction into evidence in any civil or criminal proceeding. This section does not limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another credible source and entirely independent of the proceedings of the team or advisory panels.
     (b) Members of the Fatality and Mortality Review Team and members of the advisory panels established by the team may not be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a meeting of the team. This subsection does not prevent a member of the team or an advisory panel from testifying to information obtained independently of the team or advisory panel which is public information.
     (c) Proceedings, records and opinions of the Fatality and Mortality Review Team and the advisory panels established by the team are exempt from disclosure under the Freedom of Information Act, as provided in chapter twenty-nine-b of this code.;
     And,
     That both houses recede from their respective positions as to the title of the bill and agree to the same as follows:
Eng. Senate Bill No. 108--A Bill to repeal §48-25A-1, §48-25A-2 and §48-25A-3 of the Code of West Virginia, 1931, as amended; to repeal §48-27A-1, §48-27A-2 and §48-27A-3 of said code; to repeal §49-5D-5 of said code; and to amend said code by adding thereto a new article, designated §61-12A-1, §61-12A-2, §61-12A-3 and §61-12A-4, all relating to creating a Fatality and Mortality Review Team; setting forth membership of the team; setting forth terms of office; providing that members of the team are not to be compensated or reimbursed expenses; setting forth responsibilities of the team; requiring team to establish certain advisory panels; providing that team members will also serve as advisory panel members; requiring the Commissioner of the Bureau for Public Health, in consultation with the team, to promulgate legislative rules; providing for certain actions the team and advisory panels may not take in exercising their duties; requiring an annual report; providing confidentiality; setting forth record-keeping requirements; authorizing access to certain records; and requiring certain agencies to cooperate with the team and advisory panels.
                                                            Respectfully submitted,
Evan H. Jenkins, Chair, Art Kirkendoll, Dave Sypolt, Conferees on the part of the Senate.
Don C. Perdue, Chair, David G. Perry, Joe Ellington, Conferees on the part of the House of Delegates.
On motions of Senator Jenkins, severally made, the report of the committee of conference was taken up for immediate consideration and adopted.
Engrossed Senate Bill No. 108, as amended by the conference report, was then put upon its passage.
On the passage of the bill, as amended, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 108) passed with its conference amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate again proceeded to the sixth order of business, which agenda includes the making of main motions.
On motion of Senator Cann, the Senate requested the return from the House of Delegates of
Eng. Com. Sub. for House Bill No. 2498, Making it a crime for a person sitting on a grand jury to disclose the identity of an individual who will be indicted.
Passed by the Senate in earlier proceedings today; for the purpose of subsequently moving reconsideration of the vote thereon.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence as to the recall of Engrossed Committee Substitute for House Bill No. 2498.
On motion of Senator Unger, the Senate recessed until 9 p.m. tonight.
Upon expiration of the recess, the Senate reconvened and, at the request of Senator Unger, and by unanimous consent, returned to the second order of business and the introduction of guests.
The Senate again proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments, as amended by the House of Delegates, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment to the Senate amendments, as to
Eng. Com. Sub. for House Bill No. 2837, Amending various provisions of the Code affecting the Treasurer's Office.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the Senate amendments to the bill were reported by the Clerk:
By striking out the enacting section and substituting therefor a new enacting section, to read as follows:
That §12-1-12c of the Code of West Virginia, 1931, as amended, be repealed; that §12-6B-1, §12-6B-2, §12-6B-3 and §12-6B-4 of said code be repealed; that §5-10B-13 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §5-10B-14; that §12-1-3, §12-1-8 and §12-1-11 of said code be amended and reenacted; that §12-2-2 and §12-2-3 of said code be amended and reenacted; that §12-3A-3 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §12-4-17; that §12-5-4 of said code be amended and reenacted; that §12-6A-1, §12-6A-2, §12-6A-3, §12-6A-4, §12-6A-5, §12-6A-6 and §12-6A-7 of said code be amended and reenacted; that §12-6C-7 and §12-6C-9 of said code be amended and reenacted; that §33-3-14d of said code be amended and reenacted; and that §36-8-13 of said code be amended and reenacted, all to read as follows:.
On motion of Senator Unger, the Senate concurred in the foregoing House of Delegates amendment to the Senate amendments to the bill.
Engrossed Committee Substitute for House Bill No. 2837, as amended, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2837) passed with its Senate amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Following a point of inquiry to the President, with resultant response thereto,
On motion of Senator Unger, the Senate recessed for five minutes to permit Andrew Kirkner to address the Senate on behalf of the Rollins-Burk Internship Program and Lane Horter on behalf of the Legislative Information Journalism Internship Program.
Upon expiration of the recess, the Senate reconvened and, at the request of Senator Yost, unanimous consent being granted, returned to the second order of business and the introduction of guests.
The Senate again proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced that that body had acceded to the return of
Eng. Com. Sub. for House Bill No. 2498, Making it a crime for a person sitting on a grand jury to disclose the identity of an individual who will be indicted.
The bill now being in the possession of the Senate,
On motion of Senator Cann, the Senate reconsidered the vote by which in earlier proceedings today it rejected the bill.
The vote thereon having been reconsidered,
On motion of Senator Cann, the Senate reconsidered its action by which on yesterday, Friday, April 16, 2013, it adopted the Judiciary committee amendment to the bill (shown in the Senate Journal of that day, page 149).
The question again being on the adoption of the Judiciary committee amendment to the bill.
Thereafter, at the request of Senator Palumbo, as chair of the Committee on the Judiciary, and by unanimous consent, the Judiciary committee amendment to the bill was withdrawn.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2498) was then read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for House Bill No. 2498 pass?"
On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Cole, Cookman, Edgell, Facemire, Fitzsimmons, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--31.
The nays were: Chafin, Green and D. Hall--3.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2498) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
The Senate proceeded to the fourth order of business.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Com. Sub. for House Concurrent Resolution No. 7, The "County Sheriff Sgt. Michael Todd May Memorial Bridge".
Com. Sub. for House Concurrent Resolution No. 8, The "U.S. Army S/Sgt. E. J. A. Maynard Memorial Bridge"
Com. Sub. for House Concurrent Resolution No. 9, The "Garry Lee Burgess Memorial Bridge".
Com. Sub. for House Concurrent Resolution No. 10, The "Staff Sergeant Lesley Wayne Reed US Army Memorial Bridge"
Com. Sub. for House Concurrent Resolution No. 17, The "State Police Cpl. Marshall Lee Bailey and Trooper Eric Michael Workman Memorial Interchange".
House Concurrent Resolution No. 18, The "Cpl. Sherald P. Brady, U.S. Army Memorial Bridge".
Com. Sub. for House Concurrent Resolution No. 19, The "Corporal Ronald Lee Kesling USMC Memorial Bridge".
House Concurrent Resolution No. 20, The "Army Corporal Rex Marcel Sherman Memorial Bridge".
House Concurrent Resolution No. 21, The "Upshur Civil War Company 'C' Militia Memorial Highway".
House Concurrent Resolution No. 24, The "Rex Lane Mullins Memorial Bridge".
Com. Sub. for House Concurrent Resolution No. 25, The "U.S. Army CPL Fred Russell Memorial Bridge".
House Concurrent Resolution No. 26, The "Army Corporal Richard D. McGhee Memorial Triangle".
Com. Sub. for House Concurrent Resolution No. 28, The "Mud River Pound Punchers Highway".
Com. Sub. for House Concurrent Resolution No. 29, The "Army Specialist-5 James R. Justice Memorial Bridge".
House Concurrent Resolution No. 30, The "Army Sergeant Thomas Lawrence Dunithan Memorial Highway".
Com. Sub. for House Concurrent Resolution No. 35, The "Charles Eugene Kessel Memorial Bridge".
Com. Sub. for House Concurrent Resolution No. 36, The "U.S. Army Private First Class Oscar Harper, Sr. Memorial Bridge".
Com. Sub. for House Concurrent Resolution No. 38, The "James Darrell Mangrum Memorial Bridge".
House Concurrent Resolution No. 40, The "Estel R. Stacy World War II Navy Veteran Memorial Bridge".
House Concurrent Resolution No. 45, The "Army PFC French E. Marsh Memorial Bridge".
House Concurrent Resolution No. 46, The "Martha Ellen Taylor & Sons Memorial Bridge".
House Concurrent Resolution No. 48, The "Albert & Peggie Maynard Memorial Bridge".
Com. Sub. for House Concurrent Resolution No. 49, The "Larry W. Border Memorial Bridge".
Com. Sub. for House Concurrent Resolution No. 55, The "Trooper Brian William Linn Memorial Bridge".
Com. Sub. for House Concurrent Resolution No. 56, The "John Edgar Saville Memorial Bridge".
Com. Sub. for House Concurrent Resolution No. 57, The "Fire Chief Lyle Ware Memorial Bridge".
House Concurrent Resolution No. 58, The "Marine Lance Corporal Michael Steven Garrett Memorial Bridge".
House Concurrent Resolution No. 59, The "Corporal Gerry Glen Simpson Memorial Bridge, United States Army".
House Concurrent Resolution No. 62, The "Navy Chief Petty Officer Nicholas Heath Null Memorial Bridge".
House Concurrent Resolution No. 63, The "US Army SFC James Edward Duncan Memorial Bridge".
House Concurrent Resolution No. 74, The "USMC LCpl. David Lee Powell Memorial Bridge".
House Concurrent Resolution No. 75, The "USN S2C Jack Wade and USMC PFC Don Wade Memorial Bridge".
House Concurrent Resolution No. 78, The "Louis J. 'Zeke' Trupo Bridge".
House Concurrent Resolution No. 79, The "Joe Curtis (Joey) Dingess Memorial Bridge".
Com. Sub. for House Concurrent Resolution No. 81, The "Brigadier General Timothy C. Barrick Memorial Bridge".
House Concurrent Resolution No. 89, The "Navy AD3 Jack Lively Memorial Bridge".
House Concurrent Resolution No. 91, The "Platoon Sgt. Clifford Tomblin Highway, United States Army".
House Concurrent Resolution No. 92, The "Army Corporal Randell Maynard Bridge".
House Concurrent Resolution No. 108, The "Army Specialist Fourth Class Tommy Joe Belcher Memorial Bridge".
House Concurrent Resolution No. 110, The "Boyd Leon Parsons Memorial Bridge".
House Concurrent Resolution No. 112, The "Army Command Sergeant Major Wade Damron Memorial Bridge".
House Concurrent Resolution No. 118, The "U.S. Marine Corps PFC Daniel L. Edwards Memorial Bridge".
House Concurrent Resolution No. 125, The "Army Sergeant Richard Bowry Memorial Bridge".
House Concurrent Resolution No. 126, The "John Jacob Fry II Memorial Highway".
And,
House Concurrent Resolution No. 133, The "James T. And Paul T. Billups Bridge".
And reports the same back with the recommendation that they each be adopted.
                                                            Respectfully submitted,
                                                             Robert. D. Beach,
                                                             Chair.
At the request of Senator Unger, unanimous consent being granted, the resolutions (Com. Sub. for H. C. R. No. 7, Com. Sub. for H. C. R. No. 8, Com. Sub. for H. C. R. No. 9, Com. Sub. for H. C. R. No. 10, Com. Sub. for H. C. R. No. 17, H. C. R. No. 18, Com. Sub. for H. C. R. No. 19, H. C. R. No. 20, H. C. R. No. 21, H. C. R. No. 24, Com. Sub. for H. C. R. No. 25, H. C. R. No. 26, Com. Sub. for H. C. R. No. 28, Com. Sub. for H. C. R. No. 29, H. C. R. No. 30, Com. Sub. for H. C. R. No. 35, Com. Sub. for H. C. R. No. 36, Com. Sub. for H. C. R. No. 38, H. C. R. No. 40, H. C. R. No. 45, H. C. R. No. 46, H. C. R. No. 48, Com. Sub. for H. C. R. No. 49, Com. Sub. for H. C. R. No. 55, Com. Sub. for H. C. R. No. 56,
Com. Sub. for H. C. R. No. 57, H. C. R. No. 58, H. C. R. No. 59, H. C. R. No. 62, H. C. R. No. 63, H. C. R. No. 74, H. C. R. No. 75, H. C. R. No. 78, H. C. R. No. 79, Com. Sub. for H. C. R. No. 81, H. C. R. No. 89, H. C. R. No. 91, H. C. R. No. 92, H. C. R. No. 108, H. C. R. No. 110, H. C. R. No. 112, H. C. R. No. 118, H. C. R. No. 125, H. C. R. No. 126 and H. C. R. No. 133) contained in the preceding report from the Committee on Transportation and Infrastructure were taken up for immediate consideration and considered simultaneously.
The question being on the adoption of the resolutions, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Com. Sub. for House Concurrent Resolution No. 106, The "O. Winston Link Trail".
And has amended same.
Com. Sub. for House Concurrent Resolution No. 120, The "1st Sergeant Walter Criss Bridge, United States Army".
And has amended same.
And,
Com. Sub. for House Concurrent Resolution No. 121, The "LSC (SS) Andrew Scott Mollohan Memorial Bridge".
And has amended same.
And reports the same back with the recommendation that they each be adopted, as amended.
                                                            Respectfully submitted,
                                                             Robert D. Beach,
                                                             Chair.
At the request of Senator Kirkendoll, unanimous consent being granted, Committee Substitute for House Concurrent Resolution No. 106 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
The following amendment to the resolution, from the Committee on Transportation and Infrastructure, was reported by the Clerk and adopted:
On page two, in the seventeenth Whereas clause, by striking out the word "mashalling" and inserting in lieu thereof the word "marshalling".
The question now being on the adoption of the resolution (Com. Sub. for H. C. R. No. 106), as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Kirkendoll, unanimous consent being granted, Committee Substitute for House Concurrent Resolution No. 120 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
The following amendment to the resolution, from the Committee on Transportation and Infrastructure, was reported by the Clerk and adopted:
On page two, in the seventh Whereas clause, after the word "part" by inserting the word "of".
The question now being on the adoption of the resolution (Com. Sub. for H. C. R. No. 120), as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Kirkendoll, unanimous consent being granted, Committee Substitute for House Concurrent Resolution No. 121 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
On page one, in the first Whereas clause, by striking out "LSC (SS)";
On page one, in the second Whereas clause, after the word "WHEREAS" by striking out "LSC (SS)";
On page one, in the second Whereas clause, after the word "Navy," by striking out "LSC (SS)";
On page one, in the third Whereas clause, by striking out "LSC (SS)";
On page two, in the fourth Whereas clause, by striking out "LSC (SS)";
On page two, in the Resolved clause, by striking out "LSC (SS)" and inserting in lieu thereof the words "Chief Petty Officer";
On page two, in the first Further Resolved clause, by striking out "LSC (SS)" and inserting in lieu thereof the words "Chief Petty Officer";
On page two, in the second Further Resolved clause, by striking out "LSC (SS)" and inserting in lieu thereof the words "Chief Petty Officer";
And,
By striking out the title and substituting therefor a new title, to read as follows:
Com. Sub. for House Concurrent Resolution No. 121--Requesting that bridge number 54-68-23.53 on Routes 2 and 68, known as the I- 77 overpass in Wood County, West Virginia, be named the "U.S. Navy Chief Petty Officer Andrew Scott Mollohan Memorial Bridge".
The question now being on the adoption of the resolution (Com. Sub. for H. C. R. No. 121), as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Com. Sub. for House Concurrent Resolution No. 102, The "Michael A. Oliverio, Sr. Interchange".
And reports the same back with the recommendation that it be adopted.
                                                            Respectfully submitted,
                                                             Robert D. Beach,
                                                             Chair.
The Senate again proceeded to the fifth order of business.
Senator Jenkins, from the committee of conference on matters of disagreement between the two houses, as to
Eng. Com. Sub. for Senate Bill No. 265, Authorizing DHHR promulgate legislative rules.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the two houses as to the amendments of the House to Engrossed Committee Substitute for Senate Bill No. 265 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to the amendment of the House, striking out everything after the enacting section, and to agree to the same as follows:
ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND HUMAN RESOURCES TO PROMULGATE LEGISLATIVE RULES.
§64-5-1. Bureau for Public Health.
(a) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on January 10, 2013, relating to the Department of Health and Human Resources (reportable diseases, events and conditions, 64 CSR 7), is authorized with the following amendments:
On page twenty-four, subsection 9.1, by striking out the words "the reporting" and inserting in lieu thereof the words "the access";
On page twenty-five, subsection 9.2, by striking out the words "be reported" and inserting in lieu thereof the words "be made available";
On page twenty-five, subsection 9.2, by striking out the words "the reporting" and inserting in lieu thereof the words "the access";
On page twenty-five, subsection 9.2, after the word "activities" by inserting the following: "consistent with the mission of the bureau. The responsibility for communication with healthcare facilities regarding data collection, data quality and completeness rests with the Office of Epidemiology and Prevention Services within the Bureau for Public Health";
And,
On page twenty-five, by striking out all of subsection 9.3. and renumbering the remaining subsection.
(b) The legislative rule filed in the State Register on June 29, 2012, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 15, 2012, relating to the Department of Health and Human Resources (general sanitation, 64 CSR 18), is authorized with the following amendment:
On page three, subdivision 2.13, by removing the period and inserting the following: "Bed and Breakfast Inn."
(c) The legislative rule filed in the State Register on August 27, 2012, authorized under the authority of section five, article seven, chapter sixteen of this code, relating to the Department of Health and Human Resources (Grade A pasturized milk, 64 CSR 34), is authorized.
(d) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section one, article eleven, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on January 10, 2013, relating to the Department of Health and Human Resources (fees for services, 64 CSR 51), is authorized with the following amendment:
On page eleven, subdivision 9.7, after the word "emergency" by inserting a period and removing the underscored words "or as a relevant factor associated with the provision of services and may include but is not limited to, supply shortages, federal or other funding restrictions of policy changes impacting the ability to provide services".
(e) The legislative rule filed in the State Register on October 11, 2012, authorized under the authority of section four, article one, chapter sixteen of this code, relating to the Department of Health and Human Resources (regulation of opioid treatment programs, 64 CSR 90), is repealed.
(f) The legislative rule filed in the State Register on August 27, 2012, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on January 10, 2013, relating to the Department of Health and Human Resources (pulse oximetry newborn testing, 64 CSR 100), is authorized with the following amendment:
On page two, subdivision 5.3, by striking out the words "the closest" and inserting in lieu thereof the word "an".
§64-5-2. Department of Health and Human Resources.
(a) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section one, article eleven, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on February 5, 2013, relating to the Department of Health and Human Resources (regulation of opioid treatment programs, 69 CSR 7), is authorized with the following amendments:
On page fourteen, by striking section 7.3 and inserting a new section 7.3, to read as follows:
"7.3. License Fees and Inspection Costs.
7.3.a. All applications for an initial or renewed license shall be accompanied by a non-refundable license fee in the amount required by this rule. The annual renewal fee is based upon the average daily total census of the program. In addition to the set fee, the annual renewal fee shall be adjusted on the first day of June of each year to correspond with increases in the consumer price index. The base amounts for initial and renewal fees are as follows:
7.3.a.1. Initial license fee - $250;
7.3.a.2. Renewal fee - fewer than 500 patients - $500 plus adjustment;
7.3.a.3. Renewal fee - 500 to 1,000 patients - $1,000 plus adjustment;
7.3.a.4. Renewal fee - more than 1,000 patients - $1,500 plus adjustment.
7.3.b. An opioid treatment program shall pay for the cost of the initial inspection made by the secretary prior to issuing a license. The cost of the initial inspection is $400, and shall be billed to the applicant by the secretary within five business days after the inspection. The cost of the initial inspection must be paid in full by the applicant before a license may be issued.
7.3c. The Office of Health Facility Licensure and Certification shall use the fee for increased oversight on opioid treatment programs.";
On page thirty-two, by inserting a new subdivision 18.3.j, to read as follows:
"18.3.j. There shall be one (1) counselor for every fifty (50) clients in the program.";
On page fifty-three, by striking out section 30.8 and inserting a new section 30.8, to read as follows:
"30.8. Each opioid treatment program must provide counseling on preventing exposure to, and the transmission of, human immunodeficiency virus (HIV) disease and Hepatitis C disease for each patient admitted or re-admitted to maintenance or detoxification treatment. Services rendered to patients with HIV disease shall comply with the requirements of section 44 of this rule.";
On page fifty-four, by striking out subdivision 31.4.a and inserting a new subdivision 31.4.a, to read as follows:
"31.4.a. Preventing exposure to, and the transmission of, HIV disease and Hepatitis C disease for each patient admitted or readmitted to maintenance or detoxification treatment; and";
On page fifty-six, by striking out subdivision 32.2.a and inserting a new subdivision 32.2.a, to read as follows:
"32.2.a. The initial post-admission assessment shall consist of a comprehensive medical evaluation, which shall include, but not be limited to:
32.2.a.1. A comprehensive physical evaluation;
32.2.a.2. A comprehensive psychiatric evaluation, including mental status examination and psychiatric history;
32.2.a.3. A personal and family medical history;
32.2.a.4. A comprehensive history of substance abuse, both personal and family;
32.2.a.5. A tuberculosis skin test and chest X-ray, if skin test is positive;
32.2.a.6. A screening test for syphilis;
32.2.a.7. A Hepatitis C test;
32.2.a.8. An HIV test to the extent voluntarily elected by the patient; and
32.2.a.9. Other tests as necessary or appropriate (e.g., CBC, EKG, chest X-ray, pap smear, hepatitis B surface antigen and hepatitis B antibody testing).";
On page seventy, by striking out section 37.14 and inserting a new section 37.14, to read as follows:
"37.14. The state authority may approve exceptional unsupervised-medication dosages, including alternative medications, on a case-by-case basis upon application for an exemption by the program physician. Any authorization for exceptions shall be consistent with guidelines and protocols of approved authorities, provided that the authority may not grant any exceptions during a calendar month which exceed three (3) exceptions or ten (10) percent of the number of patients enrolled in the program on the last day of the previous month, whichever is greater: Provided, That the state authority may grant additional exceptions for inclement weather or clinic closure.";
On page seventy-three, by inserting a new subdivision 38.14, to read as follows:
"38.14. Maintenance treatment shall be discontinued within two (2) continuous years after the treatment is begun unless, based upon the clinical judgment of the medical director or program physician and staff which shall be recorded in the client's record by the medical director or program physician, the client's status indicates that the treatment should be continued for a longer period of time because discontinuance from treatment would lead to a return to (i) illicit opiate abuse or dependence, or (ii) increased psychiatric, behavioral or medical symptomology.";
On page seventy-five, by striking out subdivision 41.2.d.3 and inserting a new subdivision 41.2.d.3, to read as follows:
"41.2.d.3. When using urine as a screening mechanism, all patient drug testing shall be observed to minimize the chance of adulterating or substituting another individual's urine.";
And,
On page eighty-one, by striking out subdivision 44.5.d.1. and inserting a new subdivision 44.5.d.1, to read as follows:
"44.5.d.1. Maintenance treatment dosage levels of pregnant clients shall be maintained at the lowest possible dosage level that is a medically appropriate therapeutic dose as determined by the medical director or clinic physician taking the pregnancy into account."
(b) The legislative rule filed in the State Register on January 7, 2013, authorized under the authority of section nine, article five-h, chapter sixteen of this code, relating to the Department of Health and Human Resources (chronic pain management clinic licensure, 69 CSR 8), is authorized with the following amendments:
On page one, subsection 1.4, line eleven, following the number "2013." by inserting the following words:
"This rule is effective upon the date specified in an emergency rule promulgated by the Department of Health and Human Resources as being the date funding for implementation of Chronic Pain Management Clinic Licensure will become available pursuant to a duly enacted appropriation bill authorizing the expenditure of funds for that purpose.";
On page four, subsection 3.1, by striking out all of subdivisions 3.1.a., 3.1.b, 3.1.c and 3.1.d and inserting in lieu thereof the following:
3.1.a. The primary component of the medical practice of the clinic, facility or office is treatment of chronic pain for non- malignant conditions;
3.1.b. More than fifty percent of patients in any one month of the prescribers are provided treatment for chronic pain for nonmalignant conditions and are prescribed, administered or dispensed tramadol, carisoprodol, opioid drug products or other Schedule II or Schedule III controlled substances for such diagnosis;
3.1.c. The calculation of more than fifty percent of patients will be calculated by dividing the number of unique patient encounters at the clinic, facility or office during any one month for a diagnosis of chronic nonmalignant pain and pursuant to such diagnosis of chronic nonmalignant pain were prescribed, administered or dispensed tramadol, carisoprodol, opioid drugs or other Scheduled II or Scheduled III controlled substances by the total number of all patient encounters at the clinic, facility or office during any month; and
3.1.d. Patients receiving tramadol, carisoprodol, opioid drug products or other Schedule II or Schedule III controlled substances for treatment of an injury or illness that lasts or is expected to last thirty days or less shall not be included in the calculation of more than fifty percent of all patients." and renumbering the remaining subdivisions;
On page five, by inserting a new paragraph, 3.2.i.2, to read as follows:
"3.2.i.2. Medical practices, clinics or offices in which a physician treats an average of 20 or fewer patients a day with any diagnosis in any one month, and in which the physician holds a Competency Certification in Controlled Substances Management.";
And,
On page thirteen, subparagraph 6.5.b.2.B, after the words "Osteopathic Specialist;" by inserting the words "hold Competency Certification in Controlled Substances Management;".
(c) The legislative rule filed in the State Register on August 30, 2012, authorized under the authority of section four, article two-b, chapter forty-nine of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on January 15, 2013, relating to the Department of Health and Human Resources (minimum licensing requirements for residential child care and treatment facilities for children and transitioning adults in West Virginia, 78 CSR 3), is authorized with the following amendment:
On page fifty-two, paragraph 11.2.a.3, line five, by striking out the word "Training" and inserting the word "Certification".
§64-5-3. Health Care Authority.
The legislative rule filed in the State Register on May 14, 2012, authorized under the authority of section seven, article twenty-nine-g, chapter sixteen of this code, modified by the Health Care Authority to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on July 19, 2012, relating to the Health Care Authority to promulgate a legislative rule relating to (West Virginia Health Information Network, 65 CSR 28), is authorized.
§64-5-4. Bureau of Senior Services.
The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section fifteen, article five-p, chapter sixteen of this code, modified by the Bureau of Senior Services to meet the objections of the Legislative Rule- making Review Committee and refiled in the State Register on January 17, 2013, relating to the Bureau of Senior Services (in-home care worker registry, 76 CSR 2), is authorized with the following amendment:
On page two, subdivision 4.1(i), by striking the word "training" and inserting the word "certification".;
And,
That the Senate agree to the House amended title.
                                                            Respectfully submitted,
Evan H. Jenkins, Chair, Donald H. Cookman, William Cole, Conferees on the part of the Senate.
Meshea L. Poore, Chair, Barbara Evans Fleischauer, Kelli Sobonya, Conferees on the part of the House of Delegates.
On motions of Senator Jenkins, severally made, the report of the committee of conference was taken up for immediate consideration and adopted.
Engrossed Committee Substitute for Senate Bill No. 265, as amended by the conference report, was then put upon its passage.
On the passage of the bill, as amended, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 265) passed with its House of Delegates amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 265) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Snyder, from the committee of conference on matters of disagreement between the two houses, as to
Eng. Com. Sub. for Senate Bill No. 435, Continuing Municipal Home Rule Pilot Program.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the two houses as to the amendments of the House to Engrossed Committee Substitute for Senate Bill No. 435 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to amendment of the House, striking out everything after the enacting section, and agree to the same as follows:
ARTICLE 1. PURPOSE AND SHORT TITLE; DEFINITIONS; GENERAL PROVISIONS; CONSTRUCTION.
§8-1-5a. Municipal Home Rule Pilot Program.
(a) Legislative findings. -- The Legislature finds and declares that:
(1) The initial Municipal Home Rule Pilot Program brought innovative results, including novel municipal ideas that became municipal ordinances which later resulted in new statewide statutes;
(2) The initial Municipal Home Rule Pilot Program also brought novel municipal ideas that resulted in court challenges against some of the participating municipalities;
(3) The Municipal Home Rule Board was an essential part of the initial Municipal Home Rule Pilot Program but it lacked some needed powers and duties;
(4) Municipalities still face challenges delivering services required by federal and state law, or demanded by their constituents;
(5) Municipalities are sometimes restrained by state statutes, policies and rules that challenge their ability to carry out their duties and responsibilities in a cost-effective, efficient and timely manner;
(6) Continuing the Municipal Home Rule Pilot Program is in the public interest; and
(7) Increasing the powers and duties of the Municipal Home Rule Board will enhance the Municipal Home Rule Pilot Program.
(b) Continuance of pilot program. -- The Municipal Home Rule Pilot Program is continued until July 1, 2019. The ordinances enacted by the four participating municipalities pursuant to the initial Municipal Home Rule Pilot Program are hereby authorized and may remain in effect until the ordinances are repealed, but are null and void if amended and such amendment is not approved by the Municipal Home Rule Board: Provided, That any ordinance enacting a Municipal Occupation tax is hereby null and void.
(c) Authorizing participation. --
(1) Commencing July 1, 2013, twenty Class I, Class II, Class III and/or Class IV municipalities, that are current in payment of all state fees, may participate in the Municipal Home Rule Pilot Program pursuant to the provisions of this section.
(2) The four municipalities participating in the pilot program on July 1, 2012, are hereby authorized to continue in the pilot program and may amend current written plans and/or submit new written plans in accordance with the provisions of this section.
(3) If any of the four municipalities participating in the pilot program on July 1, 2012, do not want to participate in the pilot program, then on or before June 1, 2014, the municipality must submit a written letter to the board indicating the municipality's intent not to participate, and the board may choose another municipality to fill the vacancy: Provided, That if a municipality chooses not to participate further in the pilot program, its ordinances enacted pursuant to the Municipal Home Rule Pilot Program are hereby authorized and may remain in effect until the ordinances are repealed, but are null and void if amended: Provided, however, That any ordinance enacting a Municipal Occupation tax is null and void.
(d) Municipal Home Rule Board. -- The Municipal Home Rule Board is hereby continued. The board members serving on the board on July 1, 2012, may continue to serve, except that the chair of the Senate Committee on Government Organization and the chair of the House Committee on Government Organization shall be ex officio nonvoting members. Effective July 1, 2013, the Municipal Home Rule Board shall consist of the following five voting members:
(1) The Governor, or a designee, who shall serve as chair;
(2) The Executive Director of the West Virginia Development Office or a designee;
(3) One member representing the Business and Industry Council, appointed by the Governor with the advice and consent of the Senate;
(4) One member representing the largest labor organization in the state, appointed by the Governor with the advice and consent of the Senate; and
(5) One member representing the West Virginia Chapter of American Institute of Certified Planners, appointed by the Governor with the advice and consent of the Senate.
(e) Board's powers and duties. -- The Municipal Home Rule Board has the following powers and duties:
(1) Review, evaluate, make recommendations and approve or reject, by a majority vote of the board, each aspect of the written plan submitted by a municipality;
(2) By a majority vote of the board, select, based on the municipality's written plan, new Class I, Class II, Class III and/or Class IV municipalities to participate in the Municipal Home Rule Pilot Program;
(3) Review, evaluate, make recommendations and approve or reject, by a majority vote of the board, the amendments to the written plans submitted by municipalities;
(4) Approve or reject, by a majority vote of the board, each ordinance submitted by a participating municipality pursuant to its written plan or its amendments to the written plan;
(5) Consult with any agency affected by the written plans or the amendments to the written plans; and
(6) Perform any other powers or duties necessary to effectuate the provisions of this section.
(f) Written plan. -- On or before June 1, 2014, a Class I, Class II, Class III or Class IV municipality desiring to participate in the Municipal Home Rule Pilot Program shall submit a written plan to the board stating in detail the following:
(1) The specific laws, acts, resolutions, policies, rules or regulations which prevent the municipality from carrying out its duties in the most cost-efficient, effective and timely manner;
(2) The problems created by the laws, acts, resolutions, policies, rules or regulations;
(3) The proposed solutions to the problems, including all proposed changes to ordinances, acts, resolutions, rules and regulations: Provided, That the specific municipal ordinance instituting the solution does not have to be included in the written plan; and
(4) A written opinion, by an attorney licensed to practice in West Virginia, stating that the proposed written plan does not violate the provisions of this section.
(g) Public hearing on written plan. -- Prior to submitting its written plan to the board, the municipality shall:
(1) Hold a public hearing on the written plan;
(2) Provide notice at least thirty days prior to the public hearing by a Class II legal advertisement;
(3) Make a copy of the written plan available for public inspection at least thirty days prior to the public hearing; and
(4) After the public hearing, adopt an ordinance authorizing the municipality to submit a written plan to the Municipal Home Rule Board after the proposed ordinance has been read two times.
(h) Selection of municipalities. -- On or after June 1, 2014, by a majority vote, the Municipal Home Rule Board may select from the municipalities that submitted written plans and were approved by the board by majority vote, new Class I, Class II, Class III and/or Class IV municipalities to participate in the Municipal Home Rule Pilot Program.
(i) Ordinance, act, resolution, rule or regulation. -- After being selected to participate in the Municipal Home Rule Pilot Program and prior to enacting an ordinance, act, resolution, rule or regulation based on the written plan, the municipality shall:
(1) Hold a public hearing on the proposed ordinance, act, resolution, rule or regulation;
(2) Provide notice at least thirty days prior to the public hearing by a Class II legal advertisement;
(3) Make a copy of the proposed ordinance, act, resolution, rule or regulation available for public inspection at least thirty days prior to the public hearing;
(4) After the public hearing, submit the comments, either in audio or written form, to the Municipal Home Rule Board;
(5) Obtain approval, from the Municipal Home Rule Board by a majority vote, for the proposed ordinance, act, resolution, rule or regulation; and
(6) After obtaining approval from the Municipal Home Rule Board, read the proposed ordinance, act, resolution, rule or regulation at least two times.
(j) Powers and duties of Municipalities. -- The municipalities participating in the Municipal Home Rule Pilot Program have the authority to pass an ordinance, act, resolution, rule or regulation, under the provisions of this section, that is not contrary to:
(1) Environmental law;
(2) Bidding on government construction and other contracts;
(3) The Freedom of Information Act;
(4) The Open Governmental Proceedings Act;
(5) Wages for construction of public improvements;
(6) The provisions of this section; and
(7) The municipality's written plan.
(k) Prohibited acts. -- The municipalities participating in the Municipal Home Rule Pilot Program do not have the authority to pass an ordinance, act, resolution, rule or regulation, under the provisions of this section, pertaining to:
(1) The constitutions of the United States or West Virginia;
(2) Federal law, or crimes and punishment;
(3) Chapters sixty-a, sixty-one and sixty-two of this code, or state crimes and punishment;
(4) Pensions or retirement plans;
(5) Annexation;
(6) Taxation: Provided, That a participating municipality may enact a municipal sales tax up to one percent if it reduces or eliminates its municipal business and occupation tax: Provided, however, That if a municipality subsequently reinstates or raises the municipal business and occupation tax it previously reduced or eliminated under the Municipal Home Rule Pilot Program, it shall eliminate the municipal sales tax enacted under the Municipal Home Rule Pilot Program: Provided further, That any municipality that imposes a municipal sales tax pursuant to this section shall use the services of the Tax Commissioner to administer, enforce and collect the tax in the same manner as the state consumers sales and service tax and use tax under the provisions of articles fifteen, fifteen-a and fifteen-b, chapter eleven of this code and all applicable provisions of the streamlined sales and use tax agreement: And provided further, That such tax will not apply to the sale of motor fuel or motor vehicles;
(7) Tax increment financing;
(8) Extraction of natural resources;
(9) Persons or property outside the boundaries of the municipality: Provided, That this prohibition under the Municipal Home Rule Pilot Program does not affect a municipality's powers outside its boundary lines under other sections of this chapter, other chapters of this code or court decisions;
(10) Marriage and divorce laws;
(11) Restricting the carrying of a firearm, as that term is defined in section two, article seven, chapter sixty-one of this code: Provided, That, notwithstanding the provisions of subsection (p) of this section, municipalities may regulate the carrying of a firearm in municipal buildings dedicated to government operations, other than parking buildings or garages: Provided, however, That on other municipal property, municipalities may regulate only those persons not licensed to carry a concealed firearm; and
(12) An occupation tax, fee or assessment payable by a nonresident of a municipality.
(l) Amendments to written plans. -- A municipality selected to participate in the Municipal Home Rule Pilot Program may amend its written plan at any time.
(m) Reporting requirements. -- Commencing December 1, 2015, and each year thereafter, each participating municipality shall give a progress report to the Municipal Home Rule Board, and commencing January 1, 2016, and each year thereafter, the Municipal Home Rule Board shall give a summary report of all the participating municipalities to the Joint Committee on Government and Finance.
(n) Performance Evaluation and Review Division review. -- Before January 1, 2019, the Performance Evaluation and Review Division of the Legislative Auditor's office shall conduct a performance review on the pilot program and the participating municipalities. The review shall include the following:
(1) An evaluation of the effectiveness of expanded home rule on the participating municipalities;
(2) A recommendation as to whether the expanded home rule should be continued, reduced, expanded or terminated;
(3) A recommendation as to whether any legislation is necessary; and
(4) Any other issues considered relevant.
(o) Termination of the pilot program. -- The Municipal Home Rule Pilot Program terminates on July 1, 2019. No ordinance, act, resolution, rule or regulation may be enacted by a participating municipality after July 1, 2019, pursuant to the provisions of this section. An ordinance, act, resolution, rule or regulation enacted by a participating municipality under the provisions of this section during the period of the Municipal Home Rule Pilot Program shall continue in full force and effect until repealed, but is null and void if it is amended and such amendment is not approved by the Municipal Home Rule Board.
(p) Additional requirements for participation. --
(1) The Class I, Class II, Class III and/or Class IV municipalities, that wish to participate in the Municipal Home Rule Pilot Program, pursuant to the provisions of this section, must agree to the requirements set forth in this subsection, concerning regulation of firearms, ammunition and firearm accessories: Provided, That if the four municipalities participating in the pilot program on July 1, 2012, wish to continue in the pilot program then those municipalities must also agree to comply with the requirements of this subsection.
(2) Definitions. --
As used in this subsection:
(A) "Ammunition" means fixed cartridge ammunition, shotgun shells, the individual components of fixed cartridge ammunition and shotgun shells, projectiles for muzzle-loading firearms and any propellant used in firearms or ammunition.
(B) "Firearm accessory" means a device specifically designed or adapted to enable the wearing or carrying about one's person, or the storage or mounting in or on a conveyance, of a firearm, or an attachment or device specifically designed or adapted to be inserted into or affixed onto a firearm to enable, alter or improve the functioning or capabilities of the firearm.
(C) "Firearm" has the same meaning as in section two, article seven, chapter sixty-one of this code.
(3) General rule. --
(A) Notwithstanding any other provision of this code to the contrary, except as otherwise provided in this section, municipalities participating in the Municipal Home Rule Pilot Program, pursuant to this section, shall not restrict in any manner the right of any person to purchase, possess, transfer, own, carry, transport, sell or store any revolver, pistol, rifle or shotgun, or any other firearm, or any ammunition or ammunition components to be used therewith, or the keeping of gunpowder so as to directly or indirectly prohibit the ownership of the ammunition, or, to restrict in any manner the right of any person to purchase, possess, transfer, own, carry, transport, sell or store any other firearm accessory or accouterment, under any order, ordinance or rule promulgated or enforced by the municipality. This subsection may not be construed to prevent any law enforcement official with appropriate authority from enforcing any statute enacted by the state.
(B) The authority of a municipality to regulate firearms, ammunition or firearm accessories may not be inferred from its proprietary authority, home rule status or any other inherent or general power.
(C) Any existing or future orders, ordinances, or rules promulgated or enforced in violation of this subsection are null and void.
(4) Applicability and effective dates. --
Ninety days after a new municipality has been selected by the board to participate in the pilot program, or a previously participating municipality has chosen to continue to participate in the pilot program, any municipal gun ordinances previously authorized by the provisions of section five-a, article twelve, chapter eight of this code shall no longer be of any force or effect for any municipality participating in this program, to the extent they are in conflict with the provisions of this subsection: Provided, That no provision in this subsection may be construed to limit the authority of a municipality to restrict the commercial use of real estate in designated areas through planning or zoning ordinances.;
And,
That both houses recede from their respective positions as to the title of the bill and agree to a new title to read as follows:
Eng. Com. Sub. for Senate Bill No. 435--A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, relating to continuing the Municipal Home Rule Pilot Program; continuing the Municipal Home Rule Pilot Program; continuing the Municipal Home Rule Board; setting forth legislative findings; authorizing Class I, II, III and IV municipalities to participate in the program; clarifying the voting privileges of members of the Municipal Home Rule Board; clarifying the powers and duties of the board; establishing written plan requirements for municipalities; establishing requirements for the adoption of ordinances; requiring public hearings; setting forth powers and duties of the participating municipalities; prohibiting certain acts by participating municipalities; providing the opportunity for participating municipalities to withdraw from the program; providing for amendments to the written plan; requiring a performance review of the pilot program; establishing reporting requirements; validating the continuance of certain ordinances passed by the municipalities participating in the pilot program; prohibiting municipalities participating in the pilot program from restricting the right of any person to purchase, possess, transfer, own, carry, transport, sell or store any firearm, firearm accessory or accouterment, or any ammunition or ammunition component; providing limited exceptions to the firearms prohibition; providing for applicability and effective dates of prohibition; and establishing a termination date of the pilot program.
                                                            Respectfully submitted,
Herb Snyder, Chair, Ronald F. Miller, Donna J. Boley, Conferees on the part of the Senate,
James H. Morgan, Chair, Randy Swartzmiller, Tom Azinger, Conferees on the part of the House of Delegates.
On motions of Senator Snyder, severally made, the report of the committee of conference was taken up for immediate consideration.
Following discussion,
The question being on the adoption of the report of the committee of conference, the same was put and prevailed.
Thereafter, at the request of Senator Beach, and by unanimous consent, the remarks by Senators McCabe, Palumbo and Wells regarding the adoption of the report of the committee of conference for Engrossed Committee Substitute for Senate Bill No. 435 were ordered printed in the Appendix to the Journal.
Engrossed Committee Substitute for Senate Bill No. 435, as amended by the conference report, was then put upon its passage.
On the passage of the bill, as amended, the yeas were: Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--32.
The nays were: Barnes and McCabe--2.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 435) passed with its conference amended title.
Senator Unger moved that the bill take effect July 1, 2013.
On this question, the yeas were: Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--32.
The nays were: Barnes and McCabe--2.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 435) takes effect July 1, 2013.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Without objection, the Senate returned to the third order of business.
A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 3139, Authorizing qualified investigators employed by the Secretary of State to carry a firearm and concealed weapon.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
On further motion of Senator Unger, the Senate acceded to the request of the House of Delegates and receded from its amendments to the bill.
Engrossed Committee Substitute for House Bill No. 3139, as amended by deletion, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 3139) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 3139) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
At the request of Senator M. Hall, and by unanimous consent, Senator M. Hall addressed the Senate regarding the adoption of Committee Substitute for House Concurrent Resolution No. 49 (The "Larry W. Border Memorial Bridge").
Thereafter, at the request of Senator Barnes, and by unanimous consent, the remarks by Senator M. Hall were ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate recessed until 11 p.m. tonight.
Upon expiration of the recess, the Senate reconvened and, without objection, returned to the third order of business.
A message from The Clerk of the House of Delegates announced that that body had agreed to the appointment of a committee of conference of seven from each house on the disagreeing votes of the two houses, as to
Eng. Com. Sub. for House Bill No. 2014, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution.
The message further announced the appointment of the following conferees on the part of the House of Delegates:
Delegates White, Reynolds, Williams, Perdue, Anderson, A. Evans and Canterbury.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 527, Relating to process of filling vacancies in certain elected offices.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §3-10-4a of the Code of West Virginia, 1931, as amended, be repealed; that §3-10-1, §3-10-2, §3-10-3, §3-10-3a, §3-10-4, §3- 10-5, §3-10-6, §3-10-7 and §3-10-8 of said code be amended and reenacted; and that said code be amended by adding thereto a new section, designated §3-10-9, all to read as follows:
ARTICLE 10. FILLING VACANCIES.
§3-10-1. Elections to fill vacancies.
Except as provided in sections three and four of this article, elections to fill vacancies shall be conducted to fill any unexpired term when more than one year of the term of office remains at the time of such election. When less than one year of the term of office remains at the time of the election, the person appointed to fill the vacancy shall continue in office until the completion of the term.
(a) When a vacancy occurs in an elected office of the state or county, it shall be filled according to the processes set forth in this article. As used in this article, unless otherwise indicated by the context:
_(1) "General cutoff date" means the eighty-fourth day before the general election that immediately precedes the general election where the office would be on the ballot for election if there were not a vacancy; and
_(2) "Primary cutoff date" means the eighty-fourth day before the primary election that immediately precedes the general cutoff date.
_(b) When this article requires an appointment to fill a vacancy in an elected office, the appointment shall be made within thirty days of the vacancy, unless this code specifically states a different time period for the specific office. The term that the appointee holds the office shall depend on when the vacancy occurs, as follows:
_(1) If the vacancy occurs after the primary cutoff date, then that appointee shall hold the office until the end of the term of office: Provided, That if the vacancy for any county office or United States Senate occurs during the window after the primary cutoff date, but before the general cutoff date, the process contained in sections four, six, seven and eight of this article, depending on the specific office vacated, shall be followed; or
_(2) If the vacancy occurs on or before the primary cutoff date, then the office shall be filled at the following regular primary and subsequent general election pursuant to this article and the appointee shall hold the office until a qualified replacement is elected and certified at that general election. The elected replacement shall hold the office until the end of the original term of office.
_(c) If an election is required to fill the vacancy by subsection (b) of this section and the other provisions of this article, the election shall proceed depending on when the vacancy occurs and in which office it occurs. Elections to fill vacancies shall be held at the same places, and superintended, conducted and returned, and the result ascertained, certified and declared, in the same manner, and by the same officers, as in general elections, unless otherwise stated in this article.
(1) For a vacancy in the Office of Governor, the times for the special elections contained in section two of this article shall control. The proclamation entered pursuant to section two of this article by the person acting as Governor, shall include the dates for the special candidate filing period, if necessary, and shall follow the requirements set forth in this section. All aspects of this section, where not in conflict with section two of this article, shall also be followed. If a regularly scheduled primary or general election fits within the times for the special elections contained in section two of this article, the special elections shall be conducted in conjunction with the regularly scheduled election or elections. If a special election is required by section two of this article and it cannot be held in conjunction with the regular election dates, then the compensation of election officers shall be reimbursed pursuant to section nine of this article.
_(2) For a vacancy in the offices of United States House of Representatives or United States Senate, the times for the special election, if necessary, contained in section four of this article shall control. All aspects of this section, where not in conflict with section four of this article, shall also be followed.
_(A) With regard to United States House of Representatives, the proclamation entered pursuant to section four of this article by the Governor, shall include the dates for the special candidate filing period, if necessary, and shall follow the requirements set forth in this section. If a regularly scheduled primary or general election fits within the times for the special elections contained in section four of this article, the special elections shall be conducted in conjunction with the regularly scheduled election or elections. If a special election is required by section two of this article and it cannot be held in conjunction with the regular election dates, then the compensation of election officers shall be reimbursed pursuant to section nine of this article.
_(B) With regard to United States Senate, if a special general election following the regular general election is required by section four of this article, and it cannot be held in conjunction with the regular election dates, then the compensation of election officers shall be reimbursed pursuant to section nine of this article.
_(3) For all other offices, the Governor, or other person granted authority by this article, shall issue a proclamation stating that the office will appear on the next regular primary election and subsequent general election, in order to fill the vacancy: Provided, That if the vacancy for any county office occurs during the window after the primary cutoff date, but before the general cutoff date, the process contained in sections six, seven and eight of this article shall be followed. If the candidate filing period for the next regular primary election has closed or has less than one week remaining, the proclamation shall provide for a special primary candidate filing period. If there are less than eighty-four days between the vacancy and the next regular primary election, then the proclamation shall state that the office will appear on the subsequent regular primary election and corresponding general election following the next regular primary election.
_(d) (1) If a special candidate filing period is necessary, it shall begin no sooner than the day after the proclamation and shall close no earlier than close of business on the fourteenth day following the proclamation. A notarized declaration of candidacy and filing fee provided by section seven, article five of this chapter, shall be filed either in person, by United States mail, electronic means or any other means authorized by the Secretary of State and received by the appropriate office before the close of the filing period. For petition in lieu of payment of filing fees, a candidate seeking nomination for the vacancy may utilize the process set forth in section eight-a, article five of this chapter: Provided, That the minimum number of signatures required is equivalent to one qualified signature per one whole dollar of the filing fee for that office.
_(2) If a primary election is required by the provisions of this article:
_(A) For all statewide, multicounty and legislative elections, drawing for the primary election ballot position will take place at the Secretary of State's office twenty-four hours after the end of the filing period. For each major political party on the ballot, a single drawing by lot shall determine the candidate ballot position for ballots statewide. This drawing shall be witnessed by four clerks of the county commission chosen by the West Virginia Association of County Clerks, with no more than two clerks representing a single political party.
_(B) For county elections, drawing for the primary election ballot position will take place at the county clerk's office twenty-four hours after the end of the filing period. For each major political party on the ballot, a single drawing by lot shall determine the candidate ballot position for ballots statewide. This drawing shall be witnessed by the chairperson of the county democratic and republican executive committees or their designee, and the president of the county commission or his or her designee.
_(3) Ballot position for a general election required by this article shall be determined pursuant to subdivision (3), subsection (c), section two, article six of this chapter. If a general election required by this article occurs in conjunction with a regularly scheduled primary election, the general election shall be listed along with the nonpartisan portion of each ballot in the order of offices provided for regular ballots in this chapter.
_(e) When an election is required to fill a vacancy, the date of the election and offices to be elected, as well as any other information required in the proclamation, shall be published prior to such election as a Class I-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be each county of the state that is eligible to vote in the election for those offices.
_(f) If an election is required by this article, citizens having no party organization or affiliation may nominate candidates as provided by sections twenty-three and twenty-four, article five of this chapter: Provided, That when an election is required by the provisions of this article to be held at some time other than with a regularly scheduled election, all certificates nominating candidates shall be filed with the appropriate official no later than ninety days before the election.
_(h) The persons elected, having first duly qualified, shall enter upon the duties of their respective offices. The elected replacement shall hold the office until the end of the original term of office.
§3-10-2. Vacancy in Office of Governor.
(a) In case of the death, conviction on impeachment, failure to qualify, resignation or other disability of the Governor, the President of the Senate shall act as Governor until the vacancy is filled or the disability removed; and if the President of the Senate, for any of the above-named causes, shall be or become incapable of performing the duties of Governor, the same shall devolve upon the Speaker of the House of Delegates; and in all other cases where there is no one to act as Governor, one shall be chosen by the joint vote of the Legislature. Whenever a vacancy shall occur in the Office of Governor before the first three years of the term shall have expired, a new election for Governor shall take place to fill the vacancy.
(b) The new election shall consist of a special primary election and a special general election, and shall occur at such time as will permit the person elected as Governor in the new election to assume office within one year of the date the vacancy occurred: Provided, That the special general election provided in this section may not apply to section eight, article one of this chapter. Within thirty days from the date the vacancy occurs, the person acting as Governor pursuant to the State Constitution shall issue a proclamation fixing the time for a ~~new~~ statewide election to fill the vacancy in the Office of Governor. which shall be published prior to such election as a Class II-O legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be each county of the state. The proclamation issued by the person acting as Governor pursuant to the state Constitution shall provide for a special primary election to nominate candidates for the special general election. The special primary election to fill a vacancy in the Office of Governor shall take place no less than ninety days after the proclamation and no later than one hundred forty days from the date that the vacancy in the office occurs. The proclamation issued by the person acting as Governor pursuant to the State Constitution shall also provide for a special general election to take place no sooner than ninety days after the special primary election and no later than two hundred eighty days from the date that the vacancy in the office occurs.
(b) The compensation of election officers, cost of printing ballots and all other reasonable and necessary expenses in holding and making the return of the new election provided in this section to fill a vacancy in the office of Governor are obligations of the state incurred by the ballot commissioners, clerks of the county commissions and county commissions of the various counties as agents of the state. All expenses of the new election are to be audited by the Secretary of State. The Secretary of State shall prepare and transmit to the county commissions forms on which the county commissions shall certify all expenses of the new election provided in this section to the Secretary of State. If satisfied that the expenses as certified by the county commissions are reasonable and were necessarily incurred, the Secretary of State shall requisition the necessary warrants from the Auditor of the state to be drawn on the State Treasurer and shall mail the warrants directly to the vendors of the new election services, supplies and facilities.
(c) Notwithstanding the provisions of subsection (a) of this section to the contrary, for purposes of filling the vacancy that occurred in the office of Governor on November 15, 2010, a new election shall occur as follows:
(1) Upon the effective date of this subsection, the person acting as Governor pursuant to the state Constitution shall immediately issue a proclamation calling for a special primary and general election as provided for in this subsection. For purposes of this subsection, the new elections so provided in the proclamation mean the special primary and general elections as set forth in this subsection.
~~(2) The special primary election shall be held on May 14, 2011 and the special general election shall be held on October 4, 2011.~~
(3) The proclamation for the special primary election and special general election shall be published prior to the special primary election and special general elections, respectively, as a Class II-0 legal advertisement in accordance with article three, chapter fifty-nine of this code and the publication area for the publication is each county of the state. The notice shall be filed with the Secretary of State who shall cause the document to be published within each county in accordance with this section.
  (4) The provisions of this chapter apply to the special primary election and special general election to the extent that those provisions are consistent with the provisions of this section. Statutory time deadlines for the purpose of the new election provided in this subsection are modified as follows:
  (A) A notarized declaration of candidacy and filing fee shall be filed and received in hand by the Secretary of State by 5:00 p.m. on the fifth calendar day following the proclamation of the special primary election. The declaration of candidacy may be filed in person, by United States mail, electronic means or any other means authorized by the Secretary of State;
  (B) The Secretary of State may issue emergency administrative orders to undertake other ministerial actions that are otherwise authorized pursuant to this code when necessary to assure the preservation of the voting rights of the citizens of this state and avoid fraudulent voting and election activities and otherwise assure the orderly and efficient conduct of the new election provided in this subsection: ~~Provided,~~ ~~That emergency administrative orders may not contravene the provisions of this section;~~
  (C) For petition in lieu of payment of filing fees, a candidate seeking nomination for the vacancy in the office of Governor may utilize the process set forth in section eight-a, article five of this chapter: ~~Provided,~~ ~~That the minimum number of signatures required is one thousand five hundred;~~
  (D) Drawing for special primary election ballot position will take place at the Secretary of State's office twenty-four hours after the end of the filing period. For each major political party on the ballot, a single drawing by lot shall determine the candidate ballot position for ballots statewide. This drawing shall be witnessed by four clerks of the county commission chosen by the West Virginia Association of County Clerks, with no more than two clerks representing a single political party. Ballot position for the special general election shall be determined pursuant to subdivision (3), subsection (c), section two, article six of this chapter;
  ~~(E) A registered voter who has not reached eighteen years of age may vote in the May 14, 2011 special primary election:~~ ~~Provided,~~ ~~That the voter will attain eighteen years of age at the time of the special general election provided in this subsection;~~
  (F) When paper or optical scan ballots are the primary voting method used at any county, the total number of regular official ballots printed shall equal at a minimum fifty percent of the number of registered voters eligible to vote that ballot;
  (G) When paper ballots are used in conjunction with a direct recording electronic voting system, the total number of regular official ballots printed shall equal at a minimum thirty percent of the registered voters eligible to vote that ballot;
  ~~(H) Regularly scheduled locations of polling places may not be changed, except for situations as provided in sections seven-e and seven-f, article one of this chapter:~~ ~~Provided,~~ That if multiple precincts voted in one polling location for the November 2, 2010, regularly scheduled general election, these precincts may be consolidated into a single precinct. Locations for consolidated precincts shall provide Internet access, insofar as possible, for the sole purpose of utilizing the statewide Voter Registration System (SVRS) as an electronic poll book. However, Constitutionally mandated redistricting may not take effect until the special primary election and special general election provided in this subsection are complete; and
  ~~(I) Citizens having no party organization or affiliation may nominate candidates as provided by sections twenty-three and twenty- four of article five of this chapter:~~ ~~Provided,~~ That the number of signatures required to be submitted shall be equal to not less than one-quarter of one percent of the entire vote cast at the last preceding general election for Governor. Notwithstanding the provisions of sections twenty three and twenty four of article five of this chapter, the signatures, notarized declaration of candidacy, and filing fee must be submitted no later than seven calendar days following the special primary election provided in this subsection.
  ~~(J) For the special primary election to be held pursuant to this subsection, early voting will also be conducted from 9 a.m. to 5 p.m. on the Saturday immediately prior to the end of early voting.~~
  ~~(5) The provisions of this subsection shall expire upon the election and qualification of the Governor following the October 4, 2011 special general election.~~
  (d) The Secretary of State shall by January 10, 2012 report to the Joint Committee on Government and Finance findings regarding of the operation of the new election undertaken pursuant to subsection (c) of this section. This report shall provide analysis of the direct and indirect costs to the state associated with the conduct of the new election.
  (c) The election shall follow the requirements of section one of this article that are not in conflict with this section.
§3-10-3. Vacancies in offices of state officials, United States senators and judges.
  Any vacancy occurring in the offices of Secretary of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture, ~~United States Senator, judge~~ Justice of the Supreme Court of Appeals or in any office created or made elective to be filled by the voters of the entire state, judge of a circuit court or judge of a family court is filled by the Governor of the state by appointment If the unexpired term of a judge of the Supreme Court of Appeals, a judge of the circuit court or judge of a family court is for less than two years or if the unexpired term of any other office named in this section is for a period of less than two years and six months, the appointment to fill the vacancy is for the unexpired term. If the unexpired term of any office is for a longer period than above specified, the appointment is until a successor to the office has timely filed a certificate of candidacy, has been nominated at the primary election next following such timely filing and has thereafter been elected and qualified to fill the unexpired term. Proclamation of any election to fill an unexpired term is made by the Governor of the state and, in the case of an office to be filled by the voters of the entire state, must be published prior to the election as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for the publication is each county of the state. If the election is to fill a vacancy in the office of judge of a circuit court or judge of a family court, the proclamation must be published prior to the election as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty- nine of this code and the publication area for such publication is each county in the judicial or family court circuit. and subsequent election to fill the remainder of the term, if required by section one of this article.
§3-10-3a. Judicial Vacancy Advisory Commission.
  (a) The Judicial Vacancy Advisory Commission ~~is hereby established to~~ shall assist the Governor in filling judicial vacancies. The commission shall meet and submit a list of no more than five nor less than two best qualified persons to the Governor within ninety days of the occurrence of a vacancy, or the formal announcement of the justice or judge by letter to the Governor of an upcoming resignation or retirement that will result in the occurrence of a vacancy, in the office of Justice of the Supreme Court of Appeals, ~~judge of an intermediate appellate court,~~ judge of a circuit court or judge of a family court. The Governor shall make the appointment to fill the vacancy, as required by this article, within thirty days following the receipt of the list of qualified candidates or within thirty days following the vacancy, whichever occurs later.
  (b) The commission shall consist of eight appointed members. Four public members shall be appointed by the Governor for six-year terms, except for the initial appointments which shall be staggered in accordance with subsection (c) of this section. Four attorney members shall be appointed by the Governor for six-year terms, except as provided in subsection (c) of this section, from a list of nominees provided by the Board of Governors of the West Virginia State Bar. The Board of Governors of the West Virginia State Bar shall nominate no more than twenty nor less than ten best qualified attorneys for appointment to the commission whenever there is a vacancy in the membership of the commission reserved for attorney members. The commission shall choose one of its appointed members to serve as chair for a three-year term. No more than four appointed members of the commission shall belong to the same political party. No more than three appointed members of the commission shall be residents of the same congressional district. All members of the commission shall be citizens of this state. Public members of the commission may not be licensed to practice law in West Virginia or any other jurisdiction.
  (c) Of the initial appointments made to the commission, two public members and two attorney members shall be appointed for a term ending two years after the effective date of this section, one public member and one attorney member shall be appointed for a term ending four years after the effective date of this section, and one public member and one attorney member shall be appointed for a term ending six years after the effective date of this section.
  (d) The Governor, or his or her designee, the President of the West Virginia State Bar and the Dean of the West Virginia University College of Law shall serve as ex officio members of the commission.
  (e) Members of the commission shall serve without compensation, except that commission members are entitled to reimbursement of travel and other necessary expenses actually incurred while engaged in official commission activities in accordance with the guidelines of the Travel Management Office of the Department of Administration, or its successor entity. The Governor's Office shall cooperate with the commission to ensure that all resources necessary to carrying out the official duties of the commission are provided, including staff assistance, equipment and materials.
  (f) The commission shall adopt written policies that formalize and standardize all operating procedures and ethical practices of its members including, but not limited to, procedures for training commission members, publishing notice of judicial vacancies, recruiting qualified individuals for consideration by the commission, receiving applications from qualified individuals, notifying the public of judicial vacancies, notifying state or local groups and organizations of judicial vacancies and soliciting public comment on judicial vacancies. The written policies of the commission are not subject to the provisions of chapter twenty-nine-a of this code, but shall be filed with the Secretary of State.
  (g) A majority of the commission plus one shall constitute a quorum to do business.
  (h) All organizational meetings of the commission shall be open to the public and subject to the requirements of article nine-a, chapter six of this code. An "organizational meeting" means an initial meeting to discuss the commission's procedures and requirements for a judicial vacancy. The commission shall hold at least one organizational meeting upon the occurrence of a judicial vacancy. All other meetings of the commission are exempt from article nine-a, chapter six of this code.
  (i) The commission shall make available to the public copies of any applications and any letters of recommendation written on behalf of any applicants. All other documents or materials created or received by the commission shall be confidential and exempt from the provisions of chapter twenty-nine-b of this code, except for the list of best-qualified persons or accompanying memoranda submitted to the Governor in accordance with the provisions of subsection (j) of this section, which shall be available for public inspection, and the written policies required to be filed with the Secretary of State in accordance with subsection (f) of this section.
  (j) The commission shall submit its list of best qualified persons to the Governor in alphabetical order. A memorandum may accompany the list of best-qualified persons and state facts concerning each of the persons listed. The commission shall make copies of any list of best-qualified persons and accompanying memoranda it submits to the Governor available for public inspection.
§3-10-4. Vacancies in representation in United States Congress.
  (a) (1) If there be is a vacancy in the representation from this state in the House of Representatives in the Congress of the United States, the Governor shall, within ~~ten~~ five days after the fact comes to his or her knowledge, of article three, chapter fifty- nine of this code, and the publication area for such publication shall be each county in the congressional district. In such proclamation he shall appoint some day, give notice thereof by proclamation, to be published prior to such election as a Class II-0 legal advertisement in compliance with the provisions issue a proclamation setting dates for a special general election that is not less than ~~thirty~~ eighty-four nor more than ~~seventy-five~~ one hundred twenty days from the date thereof, for holding the election to fill such vacancy. Nominations to fill such vacancy shall be made in the manner prescribed for nominating a candidate to fill a vacancy in the office of Governor, to be voted for at a special election. The congressional district executive committee of a party shall perform the duties devolving upon the state executive committee in filling a state office. of the vacancy and requiring nomination of candidates as provided in subdivision (2) of this subsection: Provided, That no such proclamation may be made nor may a special election be held if the vacancy occurs after the eighty- fourth day prior to the regularly scheduled general election for a new full term of the office. The election shall follow the requirements of section one of this article that are not in conflict with this section.
__(2) The party executive committees for the congressional district for which there is a vacancy shall each, within thirty days of the governors proclamation, nominate a candidate to stand at the general election required by subdivision (1) of this subsection.
__(b) If there is a vacancy in the representation from this state in the Senate of the United States Congress, the vacancy shall be filled by the Governor of the state by appointment and:
__(1) If the vacancy occurs on or before the primary cutoff date, then an election shall be held pursuant to section one of this article; or
__(2) If the vacancy occurs after the primary cutoff date, but on or before the general cutoff date, then the Governor shall issue a proclamation providing for: (A) A special filing period; (B) a special primary election to be held in conjunction with the upcoming general election; and (C) a special general election to be held not less than eighty-four nor more than one hundred twenty days following the date of the special primary election. Each election shall follow the requirements of section one of this article that are not in conflict with this section.
§3-10-5. Vacancies in State Legislature.
  (a) Any vacancy in the office of State Senator or member of the House of Delegates shall be filled by appointment by the Governor, from a list of three legally qualified persons submitted by the party executive committee of the party with which the person holding the office immediately preceding the vacancy was affiliated. ~~Such~~ The list of qualified persons to fill the vacancy shall be submitted to the Governor within fifteen days after the vacancy occurs and the Governor shall duly make his or her appointment to fill the vacancy from the list of legally qualified ~~person~~ persons within five days after the list is received. If the list is not submitted to the Governor within the fifteen day period, the Governor shall appoint within five days thereafter a legally qualified person of the same political party as the person vacating the office.
  (b) In the case of a member of the House of Delegates, the list shall be submitted by the party executive committee of the delegate district in which the vacating member resided at the time of his or her election or appointment. The appointment to fill a vacancy in the House of Delegates is for the unexpired term.
  (c) In the case of a State Senator, the list shall be submitted by the party executive committee of the state senatorial district in which the vacating senator resided at the time of his or her election or appointment. If the unexpired term in the office of the state Senator will be for less than two years and two months, the appointment is for the unexpired term. If the unexpired term will be for a period equal to or longer than two years and two months, the appointment is until the next general election and until the election and qualification of a successor to the person appointed, at which general election the vacancy shall be filled by election for the unexpired term. Notice of an election to fill a vacancy in the office of State Senator shall be given by the Governor by proclamation and shall be published before the election as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for the publication shall be each county in the senatorial district. Nominations for candidates to fill a vacancy shall be made in the manner prescribed for nominating a candidate to fill a vacancy in the office of Governor to be voted for at a general election. The state senatorial district executive committee of the political party shall discharge the duties incident to State Senator nominations devolving upon the party state executive committee in nominating a candidate for a state office. The appointment to fill a vacancy in the State Senate is for the unexpired term, unless section one of this article requires a subsequent election to fill the remainder of the term, which shall follow the procedure set forth in section one of this article.
§3-10-6. Vacancy in office of circuit court clerk.
  (a) When a vacancy occurs in the office of clerk of the circuit court, the circuit court by a majority vote of the judges ~~or the chief judge thereof in vacation,~~ shall fill the same within thirty days of the vacancy by appointment of a person of the same political party as the officeholder vacating the office until the next general election, or until the completion of the term if the term ends on December 31, following the next general election. The person so appointed shall hold office until his or her successor is elected and qualified. At the general election, a clerk shall be elected for the unexpired term if the unexpired term is greater than one year for the period required by section one of this article.
  (b) Notwithstanding any code provision to the contrary, the chief judge may appoint a temporary successor to the office of clerk of the circuit court until the requirements of this section have been met. The temporary successor may serve no more than thirty days from the date of the vacancy.
__(c) ~~The~~ If an election is necessary, the circuit court, or the chief judge thereof in vacation, shall cause a notice of the election to be published prior to the election as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. The publication area for the publication shall be the county is responsible for the proper proclamation, by order and notice required by section one of this article.
  (d) candidates to fill the vacancy shall be nominated at the primary election in accordance with the time requirements and the provisions and procedures prescribed in section eleven, article five of this chapter. If the vacancy occurs no later than the eighty- fourth day before the primary election held to nominate candidates to be voted for at the general election, at which any vacancy is to be filled, Section one of this article shall be followed with respect to any election needed to fill a vacancy, except that if the vacancy occurs after ~~the eighty-fourth day before~~ the primary cutoff date but not later than the ~~eighty-fourth day before the general election, they~~ general cutoff date, candidates to fill the vacancy shall be nominated by the county executive committee in the manner provided in section nineteen, article five of this chapter, as in the case of filling vacancies in nominations, and the names of the persons, so nominated and certified to the clerk of the county commission of the county, shall be placed upon the ballot to be voted at the next general election.
§3-10-7. Vacancies in offices of county commissioner and clerk of county commission.
  (a) Any vacancy in the office of county commissioner or clerk of county commission shall be filled by the county commission of the county, unless the number of vacancies in a county commission deprive that body of a quorum, in which case the Governor of the state shall fill any vacancy in the county commission necessary to create a quorum thereof. Persons appointed shall be of the same political party as the officeholder vacating the office ~~and shall continue in office until the next general election is certified, or until the completion of the term if the term ends on December 31, following the next general election: Provided,~~ ~~That in the event~~ for the period stated by section one of this article. If a quorum of the county commission cannot agree upon a person to fill a vacancy in the office of county commissioner within thirty days of the date the vacancy first occurred, the county executive committee of the vacating county commissioner's political party shall select and name a person to fill the vacancy from the membership of the vacating county commissioner's political party. The clerk shall be appointed within thirty days of the vacancy.
__Notice of the election shall be given by order of the county commission and published as prescribed in section six of this article. Nomination of candidates to fill the office for an unexpired term in the office of county commissioner or clerk of the county commission shall be made in the manner prescribed for making nominations to fill a vacancy in the office of the clerk of the circuit court.
  (b) Notwithstanding any code provision to the contrary, a county commission may appoint a temporary successor to the office of clerk of the county commission until the requirements of this section have been met. The temporary successor may serve no more than thirty days from the date of the vacancy.
__(c) If an election is necessary under section one of this article, the county commission, or the president thereof in vacation, shall be responsible for the proper proclamation, by order, and notice required by section one of this article.
__(d) Section one of this article shall be followed with respect to any election needed to fill a vacancy, except that if the vacancy occurs after the primary cutoff date but not later than the general cutoff date, candidates to fill the vacancy shall be nominated by the county executive committee in the manner provided in section nineteen, article five of this chapter, as in the case of filling vacancies in nominations, and the names of the persons, so nominated and certified to the clerk of the county commission of the county, shall be placed upon the ballot to be voted at the next general election.
__(e) ~~In the event that~~ If the election for an unexpired term is held at the same time as the election for a full term for county commissioner, the full term shall be counted first and the unexpired term shall be counted second. If the candidate with the highest number of votes for the unexpired term resides in the same magisterial district as the candidate with the highest number of votes for the full term, the candidate for the full term shall be seated. The candidate with the next highest number of votes for the unexpired term residing in a different magisterial district shall be seated for the unexpired term.
§3-10-8. Vacancies in offices of prosecuting attorney, sheriff, assessor and surveyor.
  (a) Any vacancy occurring in the office of prosecuting attorney, sheriff, assessor or county surveyor shall be filled by the county commission within thirty days of the vacancy by appointment of a person of the same political party as the officeholder vacating the office. The appointed person shall hold the office until the next general election is certified, or until the completion of the term if the term ends on December 31, following the next general election Notice of an election to fill a vacancy in any of the offices named in this section shall be given by the county commission, or by the president thereof in vacation, and published or posted in the manner prescribed in section six of this article. Nomination of candidates to fill any vacancy shall be made in the manner prescribed in section six of this article for nominating candidates to fill a vacancy in the office of the clerk of the circuit court. for the period stated by section one of this article.
  (b) Notwithstanding any code provision to the contrary, a county commission may appoint a temporary successor to the office of prosecuting attorney, sheriff, assessor or county surveyor until the requirements of this section have been met. The temporary successor may serve no more than thirty days from the date of the vacancy.
__(c) If an election is necessary under section one of this article, the county commission, or the president thereof in vacation, shall be responsible for the proper proclamation, by order, and notice required by section one of this article.
__(d) Section one of this article shall be followed with respect to any election needed to fill a vacancy, except that if the vacancy occurs after the primary cutoff date but not later than the general cutoff date, candidates to fill the vacancy shall be nominated by the county executive committee in the manner provided in section nineteen, article five of this chapter, as in the case of filling vacancies in nominations, and the names of the persons, so nominated and certified to the clerk of the county commission of the county, shall be placed upon the ballot to be voted at the next general election.
§3-10-9. Costs of special elections paid by state.
  If an election as required by sections two or four of this article cannot be held in conjunction with the regular election dates, then the cost of printing ballots and all other reasonable and necessary expenses in holding and making the return of the new election to fill a vacancy are obligations of the state incurred by the ballot commissioners, clerks of the county commissions and county commissions of the various counties as agents of the state. All expenses of the new election are to be audited by the Secretary of State. The Secretary of State shall prepare and transmit to the county commissions forms on which the county commissions shall certify all expenses of the new election to the Secretary of State. If satisfied that the expenses as certified by the county commissions are reasonable and were necessarily incurred, the Secretary of State shall requisition the necessary warrants from the Auditor of the state to be drawn on the State Treasurer and shall mail the warrants directly to the vendors of the new election services, supplies and facilities.;
  And,
  By striking out the title and substituting therefor a new title, to read as follows:
  Eng. Com. Sub. for Senate Bill No. 527--A Bill to repeal §3-10- 4a of the Code of West Virginia, 1931, as amended; to amend and reenact §3-10-1, §3-10-2, §3-10-3, §3-10-3a, §3-10-4, §3-10-5, §3- 10-6, §3-10-7 and §3-10-8 of said code; and to amend said code by adding thereto a new section, designated §3-10-9, all relating to filling vacancies of certain elected offices; defining terms; setting procedures for appointing persons to fill certain vacancies; requiring certain appointments within a certain period of time; listing time periods and certain offices where elections must be held to fill certain vacancies; setting special requirements for filling vacancies in certain offices; setting procedures for certain special elections; setting requirements for special filing periods, where necessary; requiring certain notice be given regarding elections to fill vacancies; providing for payment of costs if a new election is necessary; allowing nomination of certain persons without party affiliation; allowing emergency orders by the Secretary of State in certain circumstances; removing and repealing certain language relating to previous elections; clarifying method used to fill vacancies in the Office of Governor; permitting meeting of the Judicial Vacancy Advisory Commission upon certain formal announcements of retirement or resignation; adjusting method to fill vacancies in certain statewide, legislative and judicial offices such that the timing for all are consistent; adjusting method to fill vacancies in United States Congress; requiring most elections to fill vacancies be held in conjunction with regularly scheduled elections; clarifying method used to fill vacancies in certain county offices; permitting vacancies in certain county offices to be filled by temporary replacements for no more than thirty days; and updating language regarding filling vacancies in certain elected offices.
  On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
  Engrossed Committee Substitute for Senate Bill No. 527, as amended by the House of Delegates, was then put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 527) passed with its House of Delegates amended title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
  Eng. House Bill No. 2357, Relating to sexting by minors.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
  Eng. Com. Sub. for House Bill No. 2431, Modifying the application process for obtaining a state license to carry a concealed deadly weapon.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
  Eng. Com. Sub. for House Bill No. 2513, Improving enforcement of drugged driving offenses.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
  Eng. Com. Sub. for House Bill No. 2534, Relating to the regulation of pawn brokers.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, of
  Eng. Com. Sub. for House Bill No. 2567, Relating to limited partnerships.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, to take effect from passage, of
  Eng. Com. Sub. for House Bill No. 2689, Authorizing miscellaneous Boards and Agencies to promulgate legislative rules.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
  Eng. House Bill No. 2814, Relating to human trafficking.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
  Eng. House Bill No. 2956, Relating to resident brewers and brewpubs.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
  Eng. Com. Sub. for House Bill No. 2960, Providing for internal and external review of adverse health coverage determinations.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
  Eng. Com. Sub. for House Bill No. 2964, Authorizing the mayor to appoint chiefs of police and deputy chiefs of police.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the adoption as amended, of
  Com. Sub. for House Resolution No. 106, The "O. Winston Link Trail".
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the adoption as amended, of
  Com. Sub. for House Concurrent Resolution No. 120, The "1st Sergeant Walter Criss Bridge, United States Army".
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the adoption as amended, of
  House Concurrent Resolution No. 121, The "LSC (SS) Andrew Scott Mollohan Memorial Bridge".
  The Senate again proceeded to the fourth order of business.
  Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
  Your Committee on Transportation and Infrastructure has had under consideration
  House Concurrent Resolution No. 65, The "Jimmie Stewart Pauley Memorial Bridge".
  And has amended same.
  And reports the same back with the recommendation that it be adopted, as amended.
                                                             Respectfully submitted,
                                                              Robert D. Beach,
                                                              Chair.
  At the request of Senator Beach, unanimous consent being granted, the resolution (H. C. R. No. 65) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
  The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
  On page one, in the fourth Whereas clause, by striking out the word "Sates" and inserting in lieu thereof the word "States";
  On page one, in the fifth Whereas clause, by striking out the words "Military Policeman" and inserting in lieu thereof the words "Airman First Class";
  On page two, after the Resolved clause, by striking out the words "Jimmie Stewart Pauley Memorial Bridge United States Air Force" and inserting in lieu thereof the words "USAF Airman First Class Jimmie Stewart Pauley Memorial Bridge";
  On page three, in the first Further Resolved clause, by striking out the words "Jimmie Stewart Pauley Memorial Bridge United States Air Force" and inserting in lieu thereof the words "USAF Airman First Class Jimmie Stewart Pauley Memorial Bridge";
  And,
  By striking out the title and substituting therefor a new title, to read as follows:
  House Concurrent Resolution No. 65--Requesting the Division of Highways to rename the Ruth Bridge over Trace Fork of Davis Creek, bridge number 20-214-5.35 on Route 214 in Kanawha County, the "USAF Airman First Class Jimmie Stewart Pauley Memorial Bridge".
  The question now being on the adoption of the resolution (H. C. R. No. 65), as amended, the same was put and prevailed.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
  Your Committee on Transportation and Infrastructure has had under consideration
  Senate Concurrent Resolution No. 28, Requesting DNR study making Upper Mud River Wildlife Management and Recreation Area a state park.
  And reports the same back with the recommendation that it be adopted.
                                                             Respectfully submitted,
                                                              Robert D. Beach,
                                                              Chair.
  At the request of Senator Beach, unanimous consent being granted, the resolution (S. C. R. No. 28) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
  The question being on the adoption of the resolution, the same was put and prevailed.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
  Your Committee on Finance has had under consideration
  Senate Concurrent Resolution No. 79 (originating in the Committee on Finance)--Requesting the Joint Committee on Government and Finance study the equalization of magistrate pay.
  Whereas, Currently West Virginia magistrates are elected countywide and represent only one county; and
  Whereas, Currently West Virginia has a two-tier system for compensating magistrates based on population of the county; and
  Whereas, Caseloads vary greatly by county; and
  Whereas, Magistrates should receive equal pay for equal work; therefore, be it
  Resolved by the Legislature of West Virginia:
  That the Legislature hereby requests the Joint Committee on Government and Finance study the equalization of magistrate pay; and, be it
  Further Resolved, That the Legislature hereby requests the Joint Committee on Government and Finance undertake a comprehensive study in conjunction the West Virginia Supreme Court of Appeals of equalizing magistrate caseloads and compensation; and, be it
  Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
  Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
  And reports the same back with the recommendation that it be adopted.
                                                             Respectfully submitted,
                                                              Roman W. Prezioso, Jr.,
                                                              Chair.
  At the request of Senator Prezioso, unanimous consent being granted, the resolution (S. C. R. No. 79) contained in the preceding report from the Committee on Finance was taken up for immediate consideration.
  The question being on the adoption of the resolution, the same was put and prevailed.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
  Your Committee on Government Organization has had under consideration
  House Concurrent Resolution No. 135, Proclaiming West Virginia as a Purple Heart State.
  And reports the same back with the recommendation that it be adopted.
                                                             Respectfully submitted,
                                                              Herb Snyder,
                                                              Chair.
  At the request of Senator Snyder, unanimous consent being granted, the resolution (H. C. R. No. 135) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration.
  The question being on the adoption of the resolution, the same was put and prevailed.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  Without objection, the Senate returned to the third order of business.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of the committee of conference report, passage as amended by the conference report with its conference amended title, of
  Eng. Senate Bill No. 108, Creating Fatality and Mortality Review Team.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of the committee of conference report, passage as amended by the conference report, as to
  Eng. Com. Sub. for Senate Bill No. 265, Authorizing DHHR promulgate legislative rules.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of the committee of conference report, passage as amended by the conference report, as to
  Eng. Com. Sub. for Senate Bill No. 386, Relating to personal safety orders.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of the committee of conference report, passage as amended by the conference report with its conference amended title, to take effect July 1, 2013, of
  Eng. Com. Sub. for Senate Bill No. 435, Continuing Municipal Home Rule Pilot Program.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of the committee of conference report, passage as amended by the conference report, as to
  Eng. Com. Sub. for Senate Bill No. 580, Relating generally to practice of dentistry.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment, as amended by the House of Delegates, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment to the Senate amendment, as to
  Eng. Com. Sub. for House Bill No. 2848 Providing the process for requesting a refund after forfeiture of rights to a tax deed.
  On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
  The following House of Delegates amendment to the Senate amendment to the title of the bill was reported by the Clerk:
  By striking out the title and substituting therefor a new title, to read as follows:
  Eng. Com. Sub. for House Bill No. 2848--A Bill to amend and reenact §11A-3-18, §11A-3-22, §11A-3-27, §11A-3-28 and §11A-3-55 of the Code of the West Virginia, 1931, as amended, all relating generally to the sale of tax liens and nonentered, escheated and waste and unappropriated lands; providing the process for requesting a refund after forfeiture of rights to a tax deed; clarifying deadlines for receipt of tax deeds and refunds related to failure to meet deadlines; modifying the requirements for petitioning to compel execution of a deed by the State Auditor; removing the provisions allowing judgment against the State Auditor for costs in the case of failure or refusal to execute a deed without reasonable cause; and providing for service of notice when mail is not deliverable to an address at the physical location of the property.
  On motion of Senator Unger, the Senate concurred in the foregoing House of Delegates amendment to the Senate amendment to the bill.
  Engrossed Committee Substitute for House Bill No. 2848, as amended, was then put upon its passage.
  On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2848) passed with its House of Delegates amended title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  The Senate again proceeded to the fourth order of business.
  Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
  Your Committee on Transportation and Infrastructure has had under consideration
  Com. Sub. for House Concurrent Resolution No. 15, The "Curtis Emmet Lowe Bridge".
  And has amended same.
  And,
  House Concurrent Resolution No. 87, Requesting the Division of Highways to erect signs at the Tyler County line that read "Home of the 2011 FFA Land Judging and Homesite Evaluation National Champions".
  And has amended same.
  And reports the same back with the recommendation that they each be adopted, as amended.
                                                             Respectfully submitted,
                                                              Robert D. Beach,
                                                              Chair.
  At the request of Senator Beach, unanimous consent being granted, Committee Substitute for House Concurrent Resolution No. 15 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
  The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
  On page one, in the first Whereas clause, by striking out the words "Emmet Lowe is" and inserting in lieu thereof the words "Emmett Lowe was";
  On page one, in the second Whereas clause, by striking out the word "Emmet" and inserting in lieu thereof the word "Emmett";
  On page one, in the second Whereas clause, after the word "uncle" by inserting a period and the words "Curtis Emmett Lowe died on April 3, 2013";
  On page one, in the third Whereas clause, by striking out the words "Emmet Lowe enlisted" and inserting in lieu thereof the word "Emmett Lowe enlisted";
  On page two, in the third Whereas clause, by striking out the words "Emmet Lowe received" and inserting in lieu thereof the words "Emmett Lowe received";
  On page two, in the fourth Whereas clause, by striking out the words "Emmet Lowe was" and inserting in lieu thereof the words "Emmett Lowe was";
  On page two, in the fourth Whereas clause, by striking out the words "Emmet Lowe married" and inserting in lieu thereof the words "Emmett Lowe married";
  On page two, in the fifth Whereas clause, by striking out the words "Emmet Lowe by" and inserting in lieu thereof the words "Emmett Lowe by";
  On page three, in the fifth Whereas clause, by striking out the words "Emmet Lowe;" and inserting in lieu thereof the words "Emmett Lowe;";
  On page three, in the Resolved clause, by striking out the words "Emmet Lowe" and inserting in lieu thereof the words "Emmett Lowe Memorial";
  On page three, in the first Further Resolved clause, by striking out the words "Emmet Lowe" and inserting in lieu thereof the words "Emmett Lowe Memorial";
  On page three, in the second Further Resolved clause, by striking out the words "Emmet Lowe and to his" and inserting in lieu thereof the words "Emmett Lowe's";
  And,
  By striking out the title and substituting therefor a new title, to read as follows:
  House Concurrent Resolution No. 15--Requesting the Division of Highways to name the bridge on Route 119, in Chapmanville, Logan County, at Garrett Fork, bridge number 23-7-0.33, as the "Navy Chief Boatswain's Mate Curtis Emmett Lowe Memorial Bridge".
  The question now being on the adoption of the resolution (Com. Sub. for H. C. R. No. 15), as amended, the same was put and prevailed.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  At the request of Senator Beach, and by unanimous consent, House Concurrent Resolution No. 87 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
  The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
  On page two, in the Resolved clause, by striking out the words "Land Judging and Homesite Evaluation";
  And,
  By striking out the title and substituting therefor a new title, to read as follows:
  House Concurrent Resolution No. 87--Requesting the Division of Highways to erect signs at the Tyler County line on WV Route 2, entering from Pleasant County at mile point 0.00, and entering from Wetzel County at mile point 13.93; and on WV Route 18 entering from Doddridge County at mile point 0.00, that read "Home of the 2011 FFA National Champions".
  The question now being on the adoption of the resolution (H. C. R. No. 87), as amended, the same was put and prevailed.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
  Your Committee on Transportation and Infrastructure has had under consideration
  House Concurrent Resolution No. 16, The "Army Specialist-4 Harmon 'Hoppy' Lee Hopson Jr. Memorial Bridge".
  And has amended same.
  House Concurrent Resolution No. 39, The "PFC Harry Sine, Jr. Memorial Bridge".
  And has amended same.
  Com. Sub. for House Concurrent Resolution for No. 41, The "US Army Staff Sergeant Cornelius Nebo Lackey Memorial Bridge".
  And has amended same.
  House Concurrent Resolution No. 52, The "Richardson Brothers' Memorial Highway, United States Army, World War II".
  And has amended same.
  Com. Sub. for House Concurrent Resolution No. 54, The "Sergeant First Class Thomas Clyde Farley Memorial Bridge".
  And has amended same.
  House Concurrent Resolution No. 66, The "PFC Casey West Memorial Bridge, United States Navy".
  And has amended same.
  House Concurrent Resolution No. 73, The "Nancy E. May Memorial Bridge".
  And has amended same.
  And,
  House Concurrent Resolution No. 96, The "Army Sgt. Paul Witman Carroll Memorial Bridge".
  And has amended same.
  And reports the same back with the recommendation that they each be adopted, as amended.
                                                             Respectfully submitted,
                                                              Robert D. Beach,
                                                              Chair.
  At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 16 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
  The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
  On page three, in the Resolved clause, after the word "Virginia," by inserting the words "bridge number 23-73-1.37,";
  On page four, in the first Further Resolved clause, before the word "Specialist-4" by inserting the word "Army";
  And,
  By striking out the title and substituting therefor a new title, to read as follows:
  House Concurrent Resolution No. 16--Requesting the Division of Highways to name the bridge on Route 73, crossing over Highway 5/05, in Logan, Logan County, West Virginia, bridge number 23-73-1.37, the "Army Specialist-4 Harmon 'Hoppy' Lee Hopson Jr. Memorial Bridge".
  The question now being on the adoption of the resolution (H. C. R. No. 16), as amended, the same was put and prevailed.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  At the request of Senator Beach, and by unanimous consent, House Concurrent Resolution No. 39 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
  The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
  On page two, in the third Whereas clause, by striking out the word "25A183 the" and inserting in lieu thereof the words "25- 250/32-1.75, the "Army";
  On page two, in the Resolved clause, by striking out the word "25A183 the" and inserting in lieu thereof the words "25-250/32-1.75, the Army";
  On page two, in the first Further Resolved clause, after the words "as the" by inserting the word "Army";
  And,
  By striking out the title and substituting therefor a new title, to read as follows:
  House Concurrent Resolution No. 39--Requesting the Division of Highways to name the bridge located at Barrackville, West Virginia, locally called the "Maple Point Bridge", which travels over Buffalo Creek, specifically bridge number 25-250/32-1.75, the "Army PFC Harry Sine, Jr., Memorial Bridge".
  The question now being on the adoption of the resolution (H. C. R. No. 39), as amended, the same was put and prevailed.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  At the request of Senator Beach, unanimous consent being granted, Committee Substitute for House Concurrent Resolution No. 41 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
  The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
  On page two, in the third Whereas clause, by striking out "1652" and inserting in lieu thereof "30-65-19.63";
  On page two, in the Resolved clause, by striking out "1652" and inserting in lieu thereof "30-65-19.63";
  And,
  By striking out the title and substituting therefor a new title, to read as follows:
  Com. Sub. for House Concurrent Resolution No. 41--Requesting the Division of Highways to name the bridge located at Lenore, Mingo County, West Virginia, Route 65 milepost 19.63, which was built in 1947, specifically bridge number 30-65-19.63, the "US Army Staff Sergeant Cornelius Nebo Lackey Memorial Bridge".
  The question now being on the adoption of the resolution (Com. Sub. for H. C. R. No. 41), as amended, the same was put and prevailed.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  At the request of Senator Beach, and by unanimous consent, House Concurrent Resolution No. 52 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
  The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
  On page five, in the Resolved clause, by striking out the words "Brothers' Memorial Highway, United States Army, World WarII" and inserting in lieu thereof the words "Brothers Memorial Highway";
  On page five, in the first Further Resolved clause, by striking out the words "Brothers' Memorial Highway, United States Army, World WarII" and inserting in lieu thereof the words "Brothers Memorial Highway";
  And,
  By striking out the title and substituting therefor a new title, to read as follows:
  House Concurrent Resolution No. 52--Requesting the Division of Highways to name a specific stretch of road on WV Route 16 in Calhoun County, West Virginia, specifically, that stretch of road beginning at the county line of Clay and Calhoun counties and continuing to the junction of WV Route 16 and US Route 33, the "Richardson Brothers Memorial Highway".
  The question now being on the adoption of the resolution (H. C. R. No. 52), as amended, the same was put and prevailed.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  At the request of Senator Beach, unanimous consent being granted, Committee Substitute for House Concurrent Resolution No. 54 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
  The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
  On page two, in the third Whereas clause, by striking out the word "23-3.015 the" and inserting in lieu thereof the words "23-3- 0.15, the Army";
  On page two, in the Resolved clause, by striking out "23-3.015" and inserting in lieu thereof "23-3-0.15,";
  And,
  By striking out the title and substituting therefor a new title, to read as follows:
  Com. Sub. for House Concurrent Resolution No. 54--Requesting the Division of Highways to name the bridge located at Chapmanville, Logan County, West Virginia, specifically bridge number 23-3-0.15, the "Army Sergeant First Class Thomas Clyde Farley Memorial Bridge".
  The question now being on the adoption of the resolution (Com. Sub. for H. C. R. No. 54), as amended, the same was put and prevailed.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  At the request of Senator Beach, and by unanimous consent, House Concurrent Resolution No. 66 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
  The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
  On page two, in the Resolved clause, by striking out "18.13" and inserting in lieu thereof "17.38";
  And,
  By striking out the title and substituting therefor a new title, to read as follows:
  House Concurrent Resolution No. 66--Requesting the Division of Highways name bridge number 23-119-17.38 in Chapmanville, Logan County, West Virginia, on Corridor G, close to Trace Fork Road, the "PFC Casey West Memorial Bridge, United States Army".
  The question now being on the adoption of the resolution (H. C. R. No. 66), as amended, the same was put and prevailed.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 73 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
  The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
  On page one, in the fourth Whereas clause, by striking out the word "nuturant" and inserting in lieu thereof the word "supporting";
  And,
  On page two, in the fifth Whereas clause, by striking out the word "twentyfive" and inserting in lieu thereof the word "twenty- five".
  The question now being on the adoption of the resolution (H. C. R. No. 73), as amended, the same was put and prevailed.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  At the request of Senator Beach, and by unanimous consent, House Concurrent Resolution No. 96 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
  The following amendment to the resolution, from the Committee on Transportation and Infrastructure, was reported by the Clerk and adopted:
  On page one, in the third Whereas clause, by striking out the word "Sargent" and inserting in lieu thereof the word "Sergeant".
  The question now being on the adoption of the resolution (H. C. R. No. 96), as amended, the same was put and prevailed.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  At the request of Senator Barnes, unanimous consent being granted, Senator Barnes addressed the Senate regarding the failure of the House of Delegates to pass Engrossed Committee Substitute for Senate Bill No. 492 (Authorizing "rural resort community" as limited gaming facility).
  Thereafter, at the request of Senator Sypolt, and by unanimous consent, the remarks by Senator Barnes were ordered printed in the Appendix to the Journal.
__________
  The midnight hour having arrived, the President stated all unfinished legislative business, with the exception of the budget bill, had expired due to the time element.
  A series of messages from the House of Delegates having been received at his desk, the following communications were reported by the Clerk:
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
  Eng. Senate Bill No. 470, Permitting wine sale on Sunday mornings at fairs and festivals.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
  Eng. Senate Bill No. 630, Relating to Chief Technology Officer's duties with regard to security of government information.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
  Senate Concurrent Resolution No. 28, Requesting DNR study making Upper Mud River Wildlife Management and Recreation Area a state park.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
  Com. Sub. for Senate Concurrent Resolution No. 37, Requesting DOH name bridge in Hardy County "Army 1SG Boyd 'Doc' Slater Memorial Bridge".
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
  Senate Concurrent Resolution No. 76, Urging Congress to update Renewable Fuel Standard.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, to take effect from passage, of
  Eng. Com. Sub. for House Bill No. 2531, Relating to the practice of speech-language pathology and audiology.
  A message from The Clerk of the House of Delegates announced concurrence with the Senate in making effective from passage, of
  Eng. Com. Sub. for House Bill No. 2805, Making the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program a permanent program.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, of
  Com. Sub. for House Concurrent Resolution No. 15, The "Curtis Emmet Lowe Bridge".
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, of
  House Concurrent Resolution No. 16, The "Army Specialist-4 Harmon 'Hoppy' Lee Hopson Jr. Memorial Bridge".
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, of
  House Concurrent Resolution No. 39, The "PFC Harry Sine, Jr. Memorial Bridge".
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, of
  Com. Sub. for House Concurrent Resolution No. 41, The "US Army Staff Sergeant Cornelius Nebo Lackey Memorial Bridge".
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, of
  House Concurrent Resolution No. 52, The "Richardson Brothers' Memorial Highway, United States Army, World War II".
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, of
  Com. Sub. for House Concurrent Resolution No. 54, The "Sergeant First Class Thomas Clyde Farley Memorial Bridge".
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, of
  House Concurrent Resolution No. 65, The "Jimmie Stewart Pauley Memorial Bridge".
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, of
  House Concurrent Resolution No. 66, The "PFC Casey West Memorial Bridge, United States Navy".
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, of
  House Concurrent Resolution No. 73, The "Nancy E. May Memorial Bridge".
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, of
  House Concurrent Resolution No. 87, Requesting the Division of Highways to erect signs at the Tyler County line that read "Home of the 2011 FFA Land Judging and Homesite Evaluation National Champions".
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, of
  House Concurrent Resolution No. 96, The "Army Sgt. Paul Witman Carroll Memorial Bridge".
  On motion of Senator Unger, the Senate adjourned until tomorrow, Sunday, April 14, 2013, at 12:05 a.m. for an extended session to complete action on the annual state budget, under authority of the Governor's proclamation issued April 10, 2013, extending the first annual session of the eighty-first Legislature until and including the nineteenth day of April, two thousand thirteen, solely for that purpose, as being the only permissive legislation within constitutional purview.
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