Senate Daily Journal

sdj-60th day WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-FIRST LEGISLATURE
REGULAR SESSION, 2014
SIXTIETH DAY
____________

Charleston, W. Va., Saturday, March 8, 2014

     The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
     Prayer was offered by Dr. Monty Brown, St. Marks United Methodist Church, Charleston, West Virginia.
     Greenbrier Academy for Girls Drum Ensemble, Pence Springs, West Virginia, proceeded in the playing of the traditional West African rhythms "Alfunga", "Kuku" and "Yacru".
     Pending the reading of the Journal of Friday, March 7, 2014,
     On motion of Senator Blair, 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 Department of Health and Human Resources, submitting its annual Youth Services report, in accordance with chapter forty-nine, article five-b, section seven of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     The Clerk presented a communication from the Geological and Economic Survey, submitting its annual report as required by chapter twenty-nine, article two, section six of the code of West Virginia.
     Which communication and report 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 26, 2014, 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, Parkways Authority, William Cipriani, Wellsburg, Brooke County, for the term ending June 30, 2014.
      2. For Member, Board of Banking and Financial Institutions, Larry Mazza, Bridgeport, Harrison County, for the term ending June 30, 2018.
      3. For Member, Board of Banking and Financial Institutions, Brent Gray, Jodie, Fayette County, for the term ending June 30, 2018.
      4. For Member, College Prepaid Tuition and Savings Program Board of Trustees, Phyllis Arnold, Charleston, Kanawha County, for the term ending June 30, 2014.
      5. For Member, Public Service Commission, Michael Albert, Charleston, Kanawha County, for the term ending June 30, 2019.
      6. For Secretary, Department of Health and Human Resources, Karen Bowling, Beckley, Raleigh County, to serve at the will and pleasure of the Governor.
      7. For Executive Director, Public Defender Services, Dana Eddy, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
      8. For Secretary, Department of Revenue, The Honorable Robert S. Kiss, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
      9. For Secretary, Department of Veterans' Assistance, The Honorable Richard Thompson, Lavalette, Wayne County, to serve at the will and pleasure of the Governor.
      10. For Member, New River Community and Technical College Board of Governors, Leslie Baker, Beckley, Raleigh County, for the term ending June 30, 2017.
      11. For Member, New River Community and Technical College Board of Governors, Robert Farley, Princeton, Mercer County, for the term ending June 30, 2014.
      12. For Member, New River Community and Technical College Board of Governors, Albert Martine III, Daniels, Raleigh County, for the term ending June 30, 2014.
      13. For Member, New River Community and Technical College Board of Governors, Deborah Hill, Mt. Nebo, Nicholas County, for the term ending June 30, 2017.
      14. For Member, New River Community and Technical College Board of Governors, Shirley Runyon, Lewisburg, Greenbrier County, for the term ending June 30, 2016.
      15. For Member, New River Community and Technical College Board of Governors, David Nalker, Lewisburg, Greenbrier County, for the term ending June 30, 2016.
      16. For Member, Marshall University Board of Governors, Dale Lowther, Parkersburg, Wood County, for the term ending June 30, 2017.
      17. For Member, Marshall University Board of Governors, Dr. Joseph Touma, Huntington, Cabell County, for the term ending June 30, 2016.
      18. For Member, Marshall University Board of Governors, Edward Howard III, Scottsdale, Arizona, for the term ending June 30, 2017.
      19. For Member, Marshall University Board of Governors, James Bailes, Huntington, Cabell County, for the term ending June 30, 2016.
      20. For Member, Marshall University Board of Governors, Tim Dagostine, Charleston, Kanawha County, for the term ending June 30, 2016.
      21. For Member, Marshall University Board of Governors, Christie Kinsey, Lavalette, Wayne County, for the term ending June 30, 2016.
      22. For Member, Marshall University Board of Governors, Phil Cline, Huntington, Cabell County, for the term ending June 30, 2017.
      23. For Member, West Virginia University Board of Governors, Rob Alsop, Charleston, Kanawha County, for the term ending June 30, 2017.
      24. For Member, West Virginia University Board of Governors, Diane Lewis, Morgantown, Monongalia County, for the term ending June 30, 2017.
      25. For Member, West Virginia University Board of Governors, William Wilmoth, Wheeling, Ohio County, for the term ending June 30, 2017.
      26. For Member, Pierpont Community and Technical College Board of Governors, Kyle Hamilton, Fairmont, Marion County, for the term ending June 30, 2016.
      27. For Member, Pierpont Community and Technical College Board of Governors, Earl McConnell, Fairmont, Marion County, for the term ending June 30, 2016.
      28. For Member, Pierpont Community and Technical College Board of Governors, Lewis Weaver, Fairmont, Marion County, for the term ending June 30, 2016.
      29. For Member, Pierpont Community and Technical College Board of Governors, Jeff Tucker, Bridgeport, Taylor County, for the term ending June 30, 2016.
      30. For Member, Pierpont Community and Technical College Board of Governors, Sharon Shaffer, Barrackville, Marion County, for the term ending June 30, 2016.
      31. For Member, Pierpont Community and Technical College Board of Governors, Warren VanAlsburg, Bridgeport, Harrison County, for the term ending June 30, 2014.
      32. For Member, West Virginia State University Board of Governors, Paul Konstanty, Hurricane, Putnam County, for the term ending June 30, 2017.
      33. For Member, West Virginia State University Board of Governors, The Honorable Thomas Susman, Charleston, Kanawha County, for the term ending June 30, 2017.
      34. For Member, West Virginia State University Board of Governors, Dr. Ann Brothers Smith, Detroit, Michigan, for the term ending June 30, 2017.
      35. For Member, Glenville State College Board of Governors, Timothy Butcher, Glenville, Gilmer County, for the term ending June 30, 2017.
      36. For Member, Glenville State College Board of Governors, Mike Fulks, Bridgeport, Harrison County, for the term ending June 30, 2017.
      37. For Member, Glenville State College Board of Governors, Mike Forbes, Charleston, Kanawha County, for the term ending June 30, 2017.
      38. For Member, West Liberty University Board of Governors, George Couch, Wheeling, Ohio County, for the term ending June 30, 2017.
      39. For Member, West Liberty University Board of Governors, Sandra Chapman, Wheeling, Ohio County, for the term ending June 30, 2016.
      40. For Member, West Liberty University Board of Governors, Joe Carey, New York, New York, for the term ending June 30, 2017.
      41. For Member, Fairmont State University Board of Governors, Dixie Yann, Fairmont, Marion County, for the term ending June 30, 2017.
      42. For Member, Fairmont State University Board of Governors, Bryan Towns, Fairmont, Marion County, for the term ending June 30, 2017.
      43. For Member, Fairmont State University Board of Governors, John Schirripa, Bridgeport, Harrison County, for the term ending June 30, 2017.
      44. For Member, Natural Resources Commission, Byron Chambers, Romney, Hampshire County, for the term ending June 30, 2020.
      45. For Member, Veterans' Council, James DeCarlo, St. Albans, Kanawha County, for the term ending June 30, 2019.
      46. For Member, Veterans' Council, Miles Epling, Point Pleasant, Mason County, for the term ending June 30, 2019.
      47. For Member, Veterans' Council, Bill Harris, Glen Easton, Marshall County, for the term ending June 30, 2019.
      48. For Member, Veterans' Council, James McCormick, New Haven, Mason County, for the term ending June 30, 2016.
      49. For Member, Bluefield State College Board of Governors, Harold Wells, Bluefield, Mercer County, for the term ending June 30, 2017.
      50. For Member, Bluefield State College Board of Governors, Roger Topping, Princeton, Mercer County, for the term ending June 30, 2017.
      51. For Member, Bluefield State College Board of Governors, Richard Bezjak, Bluefield, Mercer County, for the term ending June 30, 2017.
      52. For Member, School of Osteopathic Medicine Board of Governors, Dr. John Manchin II, Farmington, Marion County, for the term ending June 30, 2017.
      53. For Member, School of Osteopathic Medicine Board of Governors, David Ramsey, Charleston, Kanawha County, for the term ending June 30, 2017.
      54. For Member, Concord University Board of Governors, Steven Collins, Princeton, Mercer County, for the term ending June 30, 2017.
      55. For Member, Concord University Board of Governors, Elliot Hicks, Charleston, Kanawha County, for the term ending June 30, 2017.
      56. For Member, Concord University Board of Governors, Robert Foglesong, Red Lodge, Montana, for the term ending June 30, 2016.
      57. For Member, Concord University Board of Governors, The Honorable Frank Blackwell, Mullens, Wyoming County, for the term ending June 30, 2016.
      58. For Member, Concord University Board of Governors, William McKee, Jr., Charleston, Kanawha County, for the term ending June 30, 2017.
      59. For Member, Shepherd University Board of Governors, John Beatty, Martinsburg, Berkeley County, for the term ending June 30, 2017.
      60. For Member, Shepherd University Board of Governors, Douglas Scott Roach, Martinsburg, Berkeley County, for the term ending June 30, 2017.
      61. For Member, Shepherd University Board of Governors, Tia McMillan, Martinsburg, Berkeley County, for the term ending June 30, 2016.
      62. For Member, Mountwest Community and Technical College Board of Governors, Mark George, Huntington, Cabell County, for the term ending June 30, 2016.
      63. For Member, Mountwest Community and Technical College Board of Governors, Jim Hale, Huntington, Cabell County, for the term ending June 30, 2016.
      64. For Member, Mountwest Community and Technical College Board of Governors, Mike Herron, Weston, Lewis County, for the term ending June 30, 2016.
      65. For Member, Mountwest Community and Technical College Board of Governors, Ruth Cline, Huntington, Cabell County, for the term ending June 30, 2016.
      66. For Member, Mountwest Community and Technical College Board of Governors, Cathy Burns, Huntington, Cabell County, for the term ending June 30, 2016.
      67. For Member, West Virginia University-Parkersburg Board of Governors, Joe Campbell, Parkersburg, Wood County, for the term ending June 30, 2016.
      68. For Member, West Virginia University-Parkersburg Board of Governors, Gerard El Chaar, Vienna, Wood County, for the term ending June 30, 2014.
      69. For Member, West Virginia University-Parkersburg Board of Governors, Curtis Miller, Vienna, Wood County, for the term ending June 30, 2016.
      70. For Member, West Virginia University-Parkersburg Board of Governors, Rock Wilson, Williamstown, Wood County, for the term ending June 30, 2014.
      71. For Member, West Virginia University-Parkersburg Board of Governors, The Honorable Karen L. Facemyer, Ripley, Jackson County, for the term ending June 30, 2016.
      72. For Member, West Virginia University-Parkersburg Board of Governors, Sam Winans, Vienna, Wood County, for the term ending June 30, 2014.
      73. For Member, Board of Directors of the West Virginia United Health System, Inc., Richard Pill, Martinsburg, Berkeley County, for the term ending October 15, 2018.
      74. For Member, Board of Directors of the West Virginia United Health System, Inc., Thomas Heywood, Charleston, Kanawha County, for the term ending October 15, 2018.
      75. For Member, Northern Community College Board of Governors, Robert Contraguerro, Jr., Wheeling, Ohio County, for the term ending June 30, 2015.
      76. For Member, Northern Community College Board of Governors, Gus Monezis, Weirton, Brooke County, for the term ending June 30, 2017.
      77. For Member, Northern Community College Board of Governors, Mary K. Hervey DeGarmo, Wellsburg, Brooke County, for the term ending June 30, 2016.
      78. For Member, Higher Education Policy Commission, Gary White, Logan, Logan County, for the term ending June 30, 2017.
      79. For Member, Higher Education Policy Commission, Michael Farrell, Huntington, Cabell County, for the term ending June 30, 2017.
      80. For Member, Higher Education Policy Commission, Dr. Bruce Berry, Morgantown, Monongalia County, for the term ending June 30, 2017.
      81. For Member, Higher Education Policy Commission, Dr. John Leon, Fairmont, Marion County, for the term ending June 30, 2017.
      82. For Member, Northern Community College Board of Governors, Darrell Cummings, Wheeling, Ohio County, for the term ending June 30, 2017.
      84. For Member, Northern Community College Board of Governors, Toni Shute, Follansbee, Brooke County, for the term ending June 30, 2016.
      85. For Member, Parole Board, Dennis Foreman, Barboursville, Cabell County, for the term ending June 30, 2019.
      86. For Member, Parole Board, Brenda Stucky, Charleston, Kanawha County, for the term ending June 30, 2019.
      87. For Member, Parole Board, Michael Trupo, Bridgeport, Harrison County, for the term ending June 30, 2019.
      88. For Member, Commission for the Deaf and Hard of Hearing, George Blakely, Springfield, Hampshire County, for the term ending June 30, 2016.
      89. For Member, Commission for the Deaf and Hard of Hearing, Jamie Mallory, Dunbar, Kanawha County, for the term ending June 30, 2016.
      90. For Member, Commission for the Deaf and Hard of Hearing, John Burdette, Ronceverte, Greenbrier County, for the term ending June 30, 2014.
      91. For Member, Commission for the Deaf and Hard of Hearing, Elizabeth Leisure, Parkersburg, Wood County, for the term ending June 30, 2014.
      92. For Member, Commission for the Deaf and Hard of Hearing, Dr. Karen McNealy, Huntington, Cabell County, for the term ending June 30, 2016.
      93. For Member, Board of Control for Southern Regional Education, The Honorable Thomas W. Campbell, Lewisburg, Greenbrier County, for the term ending June 30, 2017.
      94. For Member, Broadband Deployment Council, Matthew Ballard, Elkview, Kanawha County, to serve at the will and pleasure of the Governor.
      95. For Member, Statewide Independent Living Council, Ronald Brown, Charleston, Kanawha County, for the term ending June 30, 2016.
      96. For Member, Statewide Independent Living Council, Kentia Smith, Beckley, Raleigh County, for the term ending June 30, 2016.
      97. For Member, Statewide Independent Living Council, Nathan Parker, Huntington, Cabell County, for the term ending June 30, 2016.
      98. For Member, Statewide Independent Living Council, John Taylor, Charleston, Kanawha County, for the term ending June 30, 2016.
      99. For Member, Statewide Independent Living Council, Jan Lilly-Stewart, Charleston, Kanawha County, for the term ending June 30, 2016.
     100. For Member, Statewide Independent Living Council, Carissa Davis, St. Albans, Kanawha County, for the term ending June 30, 2016.
     101. For Member, Board of Examiners for Speech-Language Pathology and Audiology, Dr. Vernon Mullins, Logan, Logan County, for the term ending June 30, 2016.
     102. For Member, Board of Examiners for Speech-Language Pathology and Audiology, Erin Ball, Slatyfork, Pocahontas County, for the term ending June 30, 2016.
     103. For Member, Design-Build Board, John Goetz IV, Dunbar, Kanawha County, for the term ending July 7, 2016.
     104. For Member, Design-Build Board, Roy Smith, Beckley, Raleigh County, for the term ending July 7, 2016.
     105. For Member, Design-Build Board, Mary Jo Klempa, Wheeling, Ohio County, for the term ending July 7, 2016.
     106. For Member, Design-Build Board, Ronnie Spradling, St. Albans, Kanawha County, for the term ending July 7, 2016.
     107. For Member, Eastern West Virginia Community and Technical College Board of Governors, George Sponaugle, Franklin, Pendleton County, for the term ending June 30, 2017.
     108. For Member, Eastern West Virginia Community and Technical College Board of Governors, Scott Staley, Augusta, Hampshire County, for the term ending June 30, 2017.
     109. For Member, Eastern West Virginia Community and Technical College Board of Governors, Faron Shanholtz, Petersburg, Grant County, for the term ending June 30, 2017.
     110. For Member, Board of Dentistry, Dr. Stan Kaczkowski, Cross Lanes, Kanawha County, for the term ending June 30, 2018.
     112. For Member, Board of Dentistry, Mary Beth Shea, Parkersburg, Wood County, for the term ending June 30, 2017.
     113. For Member, Board of Dentistry, William Ford III, Clarksburg, Harrison County, for the term ending June 30, 2017.
     114. For Member, Board of Medicine, Richard Bowyer, Fairmont, Marion County, for the term ending September 30, 2018.
     115. For Member, Board of Medicine, Beth Hays, Bluefield, Mercer County, for the term ending September 30, 2017.
     116. For Member, Board of Medicine, Dr. Rusty Cain, Fairmont, Marion County, for the term ending September 30, 2017.
     117. For Member, Board of Medicine, Cheryl Henderson, Huntington, Cabell County, for the term ending September 30, 2017.
     118. For Member, Board of Medicine, Dr. Matthew Upton, Dunbar, Kanawha County, for the term ending September 30, 2018.
     119. For Member, Board of Medicine, Kenneth Dean Wright, Huntington, Cabell County, for the term ending September 30, 2017.
     120. For Member, Board of Optometry, Dr. Steven Odekirk, Charleston, Kanawha County, for the term ending June 30, 2014.
     121. For Member, Ethics Commission, The Honorable Jack Buckalew, Charleston, Kanawha County, for the term ending June 30, 2014.
     122. For Member, Ethics Commission, The Honorable Betty Ireland, Charleston, Kanawha County, for the term ending June 30, 2016.
     123. For Member, Ethics Commission, Monte Williams, Morgantown, Monongalia County, for the term ending June 30, 2017.
     124. For Member, Ethics Commission, Reverend Father Douglas Sutton, Mannington, Marion County, for the term ending June 30, 2016.
     125. For Member, Ethics Commission, Robert Wolfe, Man, Logan County, for the term ending June 30, 2018.
     126. For Member, Ethics Commission, The Honorable Michael Greer, Bridgeport, Harrison County, for the term ending June 30, 2017.
     127. For Member, Ethics Commission, Suzan Singleton, Moundsville, Marshall County, for the term ending June 30, 2018.
     128. For Member, Design-Build Board, Richard Forren, Fairmont, Marion County, for the term ending July 7, 2014.
     129. For Member, Real Estate Commission, Kathy Zaferatos, Daniels, Raleigh County, for the term ending June 30, 2017.
     130. For Member, Board of Registration for Professional Engineers, Richard Plymale, Jr., Charleston, Kanawha County, for the term ending June 30, 2017.
     131. For Member, Board of Registration for Professional Engineers, Bhajan Saluja, Charleston, Kanawha County, for the term ending June 30, 2016.
     132. For Member, Board of Registration for Professional Engineers, William Pierson, Scott Depot, Putnam County, for the term ending June 30, 2018.
     133. For Member, Consolidated Public Retirement Board, Jeff Vallet, Logan, Logan County, for the term ending June 30, 2017.
     134. For Member, Real Estate Commission, Joe Ellison, Greenville, Monroe County, for the term ending June 30, 2015.
     135. For Member, Board of Optometry, Dr. William Ratcliff, Huntington, Cabell County, for the term ending June 30, 2016.
     136. For Member, Board of Optometry, Dr. Matthew Berardi, Farmington, Marion County, for the term ending June 30, 2014.
     137. For Member, Solid Waste Management Board, Steve Pilato, Fayetteville, Fayette County, for the term ending June 30, 2017.
     138. For Member, Solid Waste Management Board, Roger Bryant, Logan, Logan County, for the term ending June 30, 2018.
     139. For Member, Solid Waste Management Board, Alice Jo Buzzard, Cameron, Marshall County, for the term ending June 30, 2016.
     140. For Member, Solid Waste Management Board, Mallie Combs, Moorefield, Hardy County, for the term ending June 30, 2014.
     141. For Member, Solid Waste Management Board, Tim Blankenship, Baisden, Mingo County, for the term ending June 30, 2015.
     142. For Member, Public Employees Insurance Agency Finance Board, Joshua Sword, South Charleston, Kanawha County, for the term ending June 30, 2016.
     143. For Member, Public Employees Insurance Agency Finance Board, Brian Donat, Winfield, Putnam County, for the term ending June 30, 2018.
     144. For Member, Public Employees Insurance Agency Finance Board, Bill Ihlenfeld, Wheeling, Ohio County, for the term ending June 30, 2016.
     145. For Member, Public Employees Insurance Agency Finance Board, William Milam, Charleston, Kanawha County, for the term ending June 30, 2016.
     146. For Member, Veterans' Council, Mary Byrd, Nitro, Kanawha County, for the term ending June 30, 2014.
     147. For Member, Board of Veterinary Medicine, Monica Patton, Charleston, Kanawha County, for the term ending June 30, 2019.
     148. For Member, Board of Veterinary Medicine, Dr. Mark Ayers, Huntington, Cabell County, for the term ending June 30, 2018.
     149. For Member, Tourism Commission, Richard Atkinson III, South Charleston, Kanawha County, for the term ending May 1, 2016.
     150. For Member, Tourism Commission, Kelly Palmer, Morgantown, Monongalia County, for the term ending May 1, 2015.
     151. For Member, Tourism Commission, Peggy Myers-Smith, Morgantown, Monongalia County, for the term ending May 1, 2015.
     152. For Commissioner, Tax Department, Mark Matkovich, Hurricane, Putnam County, to serve at the will and pleasure of the Governor.
     153. For Member, Board of Veterinary Medicine, Dr. Keith Berkeley, Ranson, Jefferson County, for the term ending June 30, 2014.
     154. For Member, Board of Veterinary Medicine, Dr. John Wilson, Lewisburg, Greenbrier County, for the term ending June 30, 2015.
     155. For Member, Board of Veterinary Medicine, Dr. Barbara Jean Meade, Morgantown, Monongalia County, for the term ending June 30, 2017.
     156. For Member, West Virginia University Board of Governors, J. Thomas Jones, Morgantown, Monongalia County, for the term ending June 30, 2016.
     157. For Member, Board of Directors of the West Virginia United Health System, Inc., William Stone, Danville, Boone County, for the term ending October 15, 2014.
     158. For Member, Board of Directors of the West Virginia United Health System, Inc., Jose Sartarelli, Morgantown, Monongalia County, for the term ending October 15, 2014.
     159. For Member, Board of Accountancy, Louis Costanzo III, Wheeling, Ohio County, for the term ending June 30, 2015.
     160. For Member, Board of Accountancy, Barry Burgess, Huntington, Cabell County, for the term ending June 30, 2016.
     161. For Member, Board of Accountancy, Jon Cain, Sr., Parkersburg, Wood County, for the term ending June 30, 2016.
     162. For Member, Nursing Home Administrators Licensing Board, Tammy Jo Painter, Charleston, Kanawha County, for the term ending June 30, 2018.
     163. For Member, Nursing Home Administrators Licensing Board, Matthew Keefer, Leon, Mason County, for the term ending June 30, 2017.
     164. For Member, Nursing Home Administrators Licensing Board, Beverly Jezioro, Flemington, Taylor County, for the term ending June 30, 2018.
     165. For Member, Board of Acupuncture, Dr. David Didden, Shepherdstown, Jefferson County, for the term ending June 30, 2016.
     166. For Member, Board of Acupuncture, Marian Hollinger, Morgantown, Monongalia County, for the term ending June 30, 2014.
     167. For Member, Board of Acupuncture, Dr. Darrell Samples, Huntington, Cabell County, for the term ending June 30, 2015.
     168. For Member, Board of Acupuncture, Michelle DeStefano, Shepherdstown, Jefferson County, for the term ending June 30, 2014.
     169. For Member, Council for Community and Technical College Education, William Baker, Daniels, Raleigh County, for the term ending December 20, 2016.
     170. For Member, Council for Community and Technical College Education, John Panza, Fairmont, Marion County, for the term ending December 20, 2014.
     171. For Member, Council for Community and Technical College Education, Clarence Pennington, Martinsburg, Berkeley County, for the term ending December 20, 2017.
     172. For Member, Council for Community and Technical College Education, John Walker, Chapmanville, Logan County, for the term ending December 20, 2016.
     173. For Member, Council for Community and Technical College Education, Christina Cameron, Charleston, Kanawha County, for the term ending December 20, 2015.
     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, the special order thereon was called by the President.
     Thereupon, Senator Kessler (Mr. President) laid before the Senate the following executive message:
     Senate Executive Message No. 2, dated February 26, 2014 (shown in the Senate Journal of that day, pages 3 to 21, inclusive).
     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.
     On motion of Senator Prezioso, Senator Green's motion was amended to provide that the nomination of Karen Bowling as Secretary of the Department of Health and Human Resources (being nomination number 6 in Executive Message No. 2) be considered separately.
     The question being on the adoption of Senator Green's motion, as amended,
     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, as amended, had prevailed.
     Senator Green then moved that the nomination of Karen Bowling as Secretary of the Department of Health and Human Resources (being nomination number 6 in Executive Message No. 2) be confirmed.
     Following discussion,
     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 and the nomination of Karen Bowling as Secretary for the Department of Health and Human Resources had been confirmed.
__________
     Consideration of executive nominations having been concluded,
     At the request of Senator Unger, and by unanimous consent, 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 Com. Sub. for Senate Bill No. 373, Relating to water resources protection.
     Passed by the Senate on yesterday, Friday, March 7, 2014,
     The bill now being in the possession of the Senate,
     On motion of Senator Unger, the Senate reconsidered the vote as to the passage of the bill.
     The vote thereon having been reconsidered,
     On motion of Senator Unger, the Senate reconsidered its action by which it adopted Senator Unger's motion that the Senate concur in the House of Delegates amendments, as amended (shown in the Senate Journal of yesterday, Friday, March 7, 2014, pages 219 to 298, inclusive).
     The vote thereon having been reconsidered,
     The question again being on the adoption of Senator Unger's motion that the Senate concur in the House of Delegates amendment, as amended.
     Thereafter, at the request of Senator Unger, and by unanimous consent, his foregoing motion was withdrawn.
     On motion of Senator Unger, the following amendments to the House of Delegates amendments to the bill, as amended, were reported by the Clerk, considered simultaneously and adopted:
     On page forty, section three, subdivision (1), after the word "chapter." by inserting the following: Notwithstanding any other provision of this code to the contrary, swimming pools are not subject to any provision of this article or article thirty-one of this chapter.;
     And,
     On page eighty-one, section four, subsection (f), after the word "code" by changing the colon to a period and striking out the remainder of the subsection.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendments, as amended.
     Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 373, 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 Com. Sub. for S. B. No. 373) passed with its Senate amended title.
     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 concurrence by that body in the passage of
     Eng. Senate Bill No. 3, Creating Uniform Real Property Transfer on Death Act.
     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. 133, Authorizing DEP 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 3. AUTHORIZATION FOR DEPARTMENT OF ENVIRONMENTAL PROTECTION TO PROMULGATE LEGISLATIVE RULES.
§64-3-1. Department of Environmental Protection.
     (a) The legislative rule filed in the State Register on May 6, 2013, authorized under the authority of section six, article six-a, chapter twenty-two of this code, approved for promulgation by the Legislature on April 12, 2013, relating to the Department of Environmental Protection (horizontal well development, 35 CSR 8), is authorized with the following amendment:
     On pages ten and eleven, by striking out all of subdivision 5.7.a. and inserting in lieu thereof a new subdivision 5.7.a. to read as follows:
     5.7.a. ll applications for well work permits shall be accompanied by a well site safety plan to address proper safety measures to be employed for the protection of persons on the well site, as well as the general public in the area surrounding the well site. Each plan shall be specific to the well site described in the permit application and include the surrounding area. The plan shall encompass all aspects of the operation, including the actual well work for which the permit is sought, the anticipated MSDS for the chemical components added to the hydraulic fracturing fluid, and completion, production, and work-over activities. It shall be made available on the well site during all phases of the operation and provide an emergency point of contact and twenty-four (24)-hour contact information for the well operator. At least seven (7) days before commencement of well work or site preparation work that involves any disturbance of the land, the well operator shall provide a copy of the well site safety plan to the local emergency planning committee (LEPC) for the emergency planning district in which the well work will occur or to the county office of emergency services. The operator shall also provide one copy of the Well Site Safety Plan to the surface owner, any water purveyor and any surface owner subject to notice and water testing as provided in section 15 of this rule: Provided, That in the event the Well Site Safety Plan previously provided to a surface owner, water purveyor or surface owner, is later amended, in whole or in part, the operator shall provide a copy of the amendments to the surface owner, water purveyor or surface owner. The operator should work closely with the local first responders to familiarize them with potential incidents that are related to oil and gas development, so that the local first responders have the information they need to provide the support necessary for the operator to implement the well site safety plan. The well site safety plan shall include, at a minimum, the information contained in subdivisions 5.7.b. through 5.7.h.
     (b) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (ambient air quality standards, 45 CSR 8 ), is authorized.
     (c) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section four, article five, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 4, 2013, relating to the Department of Environmental Protection (permits for construction and major modification of major stationary sources for the prevention of significant deterioration of air quality, 45 CSR 14 ), is authorized.
     (d) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (standards of performance for new stationary sources, 45 CSR 16 ), is authorized.
     (e) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (control of air pollution from combustion of solid waste, 45 CSR 18 ), is authorized.
     (f) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (permits for construction and major modification of major stationary sources which cause or contribute to nonattainment areas, 45 CSR 19 ), is authorized.
     (g) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (control of air pollution from hazardous waste treatment, storage or disposal facilities, 45 CSR 25 ), is authorized.
     (h) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (emission standards for hazardous air pollutants, 45 CSR 34 ), is authorized.
     (i) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section four, article eleven, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 27, 2013, relating to the Department of Environmental Protection (requirements governing water quality standards, 47 CSR 2), is authorized with the following amendment:
     On page thirty-seven, parameter 8.1, by striking out the words "For water with pH <6.5 or >9.0";
     And,
     On page thirty-seven, by striking out all of parameters 8.1.1 and 8.1.2.
     (j) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section seven, article eleven, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 18, 2013, relating to the Department of Environmental Protection (state certification of activities requiring federal licenses and permits, 47 CSR 5A), is authorized.
     (k) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section three, article twenty-two, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 17, 2013, relating to the Department of Environmental Protection (voluntary remediation and redevelopment, 60 CSR 3 ), is authorized, with the following amendments:
     On page two, subsection 2.22., line twenty-one, following the words "refers to a", by striking out the "A";
     On page three, subsection 2.35., line twenty-six, by striking the words "Section 3 of Article 22";
     On page nine, paragraph 4.3.d.6., line thirty-five, by striking out the character "2" at the beginning of the line;
     On page nine, paragraph 4.3.d.6., line forty-five, following the words "greater than", by striking out the character "2";
     On page ten, subdivision 5.1.d., line three, following the words "W.Va. Code §22-22", by inserting a hyphen and the words "1, et seq.";
     On page fourteen, subdivision 5.3.k., line four, following the words "and practical knowledge" by striking out the semicolon;
     On page fifteen, subdivision 5.5.e., line three, by striking out the word "thirty" at the beginning of the line;
     On page nineteen, subparagraph 7.4.b.21.A., line twenty, by renumbering the subparagraph as 7.4.b.1.A.;
     On page nineteen, subparagraph 7.4.b.31.B., line twenty-four, by renumbering the subparagraph as 7.4.b.1.B.;
     On page nineteen, subparagraph 7.4.b. .1.C., line twenty-nine, by renumbering the subparagraph as 7.4.b.1.C.;
     On page nineteen, paragraph 7.4.b.52., line thirty-three, by renumbering the paragraph as 7.4.b.2.;
     On page nineteen, subparagraph 7.4.b.62.A., line thirty-eight, by renumbering the subparagraph as 7.4.b.2.A.;
     On page twenty, subparagraph 7.4.b.72.B, line one, by renumbering the subparagraph as 7.4.b.2.B.;
     On page twenty, paragraph 7.4.b.83., line five, by renumbering the it as subparagraph 7.4.b.2.C.;
     On page twenty, subparagraph 7.4.b.105, line fifteen, by renumbering the subparagraph as 7.4.b.2.D.;
     On page thirty-six, paragraph 10.2.b., at the beginning of line sixteen, by striking out the "5", before the words "five days";
     On page thirty-eight, subdivision 11.4., line six, following the words "have been submitted to the", by striking out the word "Division" and inserting in lieu thereof the word "Department";
     On page thirty-eight, paragraph 12.2.a., line thirty-six, following the words "applicant and determine within", by striking out the word "sixty";
     And,
     On page thirty-nine, paragraph 12.2.c., line fifteen, following the words "final report was properly issued, he", by inserting the words "or she".
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
     Engrossed Committee Substitute for Senate Bill No, 133, 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. 133) 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. 133) 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. Com. Sub. for Senate Bill No. 155, Authorizing DHHR 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:
§64-5-1. Department of Health and Human Resources.
     (a) The legislative rule filed in the State Register on July 29, 2013, authorized under the authority of section eleven, article five-o, 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 8, 2013, relating to the Department of Health and Human Resources (medication administration by unlicensed personnel, 64 CSR 60 ), is authorized with the following amendment:
     On page four, paragraph 2.13.a.4 after the word "appliances" by changing the semicolon to a period striking out the word "and".
     (b) The legislative rule filed in the State Register on July 29, 2013, 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 December 3, 2013, relating to the Department of Health and Human Resources (child care centers' licensing, 78 CSR 1 ), is authorized, with the following amendments:
     On page nine, subdivision 4.2.b, by removing the word "thirty", the left parenthesis, the number "30" and the right parenthesis, and inserting in lieu thereof, the word "ninety", the left parenthesis, the number "90" and the right parenthesis;
     On page forty, subparagraph 13.3.a.3, line two, after the word, "served" by striking out the semicolon and the following underlined words "provided that the center shall not use tables with built-in multiple bucket-type seats after June 30, 2015";
     On page forty, by striking subdivision 13.3.b in its entirety, and in lieu thereof, inserting a new subdivision 13.3.b to read as follows:
     "13.3.b. Jumpers, and infant walkers are prohibited.";
     On page forty, after subdivision 13.3.b, by inserting a new subdivision 13.3.c to read as follows:
     "13.3.c. Play pens and play yards, if used, must be manufactured after February 28, 2013, properly disinfected after each use and not used for multiple children at the same time.";
     On page forty-three, subparagraph 13.4.i.5, line three, after the word "worn" by striking out the comma, and the following words, "but the use of a blanket is prohibited in the crib" and by unstriking and restoring the following words, "or a thin blanket used for a covering. If a blanket is used, it shall be tucked around the mattress of the crib and only cover the child high as his or her chest";
     And,
     On page forty-eight, by striking out in its entirety subdivision 14.3.d and inserting in lieu thereof a new subdivision 14.3.d, to read as follows:
     "14.3.d. Restrictive equipment. Infant equipment that restricts movement such as swings, play pens, play yards, stationary activity centers (exersaurces), infant seats, etc., if used, shall only be used for short periods of time not to exceed fifteen (15) minutes in a four (4) hour period."
§64-5-2. Bureau for Public Health.
     (a) The legislative rule filed in the State Register on July 24, 2013, 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 5, 2013, relating to the Department of Health and Human Resources (clinical laboratory technician and technologist licensure and certification, 64 CSR 57), is authorized.
     (b) The legislative rule filed in the State Register on July 25, 2013, 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 December 9, 2013, relating to the Department of Health and Human Resources (AIDS-related medical testing and confidentiality, 64 CSR 64 ), is authorized with the following amendments:
     On page two, subdivision 4.1.e, by inserting the following after the period, "The cost of the test not be passed through to the patient by a public health department."
     On page six, paragraph 4.3.b.1., by striking out the words "an oral" and inserting in lieu thereof the word "a";
     On page six, by striking out all of subparagraph 4.3.b.1.A. and inserting in lieu thereof the following:
  4.3.b.1.A. The court shall require the defendant or juvenile respondent to submit to the testing not later than forty-eight hours after the issuance of the order described in paragraph 4.3.b.1 of this subsection, unless good cause for delay is shown upon a request for a hearing: Provided, That no such delay shall cause the HIV-related testing to be administered later than forty- eight hours after the filing of any indictment or information regarding an adult defendant or the filing of a petition regarding a juvenile respondent.
  4.3.b.1.B. The prosecuting attorney may, upon the request of the victim or the victim's parent or legal guardian, and with notice to the defendant or juvenile respondent, apply to the court for an order directing that an appropriate human immunodeficiency virus (HIV) test or other STD test be performed on a defendant charged with or a juvenile subject to a petition involving the offenses of prostitution, sexual abuse, sexual assault or incest.;
  On page six, by striking out all of part 4.3.b.1.A.1.;
  On page six, by striking out all of paragraph 4.3.b.2.;
  And renumbering the remaining paragraphs;
  On page six, by striking out all of paragraph 4.3.b.6. and inserting in lieu thereof the following:
  4.3.b.5. The costs of testing may be charged to the defendant or juvenile respondent, or to that person's medical insurance provider, unless determined unable to pay by the court having jurisdiction over the matter. If the defendant or juvenile is unable to pay, the cost of laboratory testing for HIV testing may be borne by the bureau or the local health department.
  4.3.b.5.A. The commissioner designates and authorizes all health care providers operating in regional jails, correctional or juvenile facilities to administer HIV tests, either by taking blood or oral specimens, and transmitting those specimens to the Office of Laboratory Services in accordance with instructions set forth at: https://www.wvdhhr.org/labservices/labe/HIV/index.cfm.
  4.3.b.5.B. Laboratory testing done on specimens sent to the Office of Laboratory Services by health care providers for regional jails, correctional or juvenile facilities shall be performed at no cost to the jails, facilities or health care providers.;
  And,
  On page seven, by striking out all of subdivision 4.3.d. and inserting in lieu thereof a new subdivision, designated subdivision 4.3.d., to read as follows:
  4.3.d. A person convicted or a juvenile adjudicated of the offenses described in this subsection may be required to undergo HIV-related testing and counseling immediately upon conviction or adjudication: Provided, That if the person convicted or adjudicated has been tested in accordance with the provisions of subdivision 4.3.b. of this subsection, that person need not be retested.
  (c) The legislative rule filed in the State Register on July 24, 2013, authorized under the authority of section two-a, article five-a, 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 October 7, 2013, relating to the Department of Health and Human Resources (Cancer Registry, 64 CSR 68), is authorized.
  (d) The legislative rule filed in the State Register on July 24, 2013, authorized under the authority of section three, article twelve, chapter sixty-one 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 5, 2013, relating to the Department of Health and Human Resources (Medical Examiner rule for post-mortem inquiries, 64 CSR 84 ), is authorized.
§64-5-3. Health Care Authority.
  The legislative rule filed in the State Register on July 26, 2013, 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 September 4, 2013, relating to the Health Care Authority (West Virginia Health Information Network, 65 CSR 28 ), is authorized.
§64-5-4. Bureau for Child Support Enforcement.
  (a) The legislative rule filed in the State Register on July 29, 2013, authorized under the authority of section one hundred five, article eighteen, chapter forty-eight of this code, modified by the Bureau for Child Support Enforcement to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 18, 2013, relating to the Bureau for Child Support Enforcement (the Bureau for Child Support Enforcement, 97 CSR 1 ), is authorized.
  (b) The legislative rule filed in the State Register on July 29, 2013, authorized under the authority of section one hundred five, article eighteen, chapter forty-eight of this code, relating to the Bureau for Child Support Enforcement (obtaining support from federal and state tax refunds, 97 CSR 3 ), is repealed.
  (c) The legislative rule filed in the State Register on July 29, 2013, authorized under the authority of section one hundred five, article eighteen, chapter forty-eight of this code, relating to the Bureau for Child Support Enforcement (interstate income withholding, 97 CSR 4 ), is repealed.
  (d) The legislative rule filed in the State Register on July 29, 2013, authorized under the authority of section one hundred five, article eighteen, chapter forty-eight of this code, modified by the Bureau for Child Support Enforcement to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 18, 2013, relating to the Bureau for Child Support Enforcement (support enforcement activities undertaken by the Bureau for Child Support Enforcement, 97 CSR 6 ), is authorized.
  (e) The legislative rule filed in the State Register on July 29, 2013, authorized under the authority of section one hundred five, article eighteen, chapter forty-eight of this code, modified by the Bureau for Child Support Enforcement to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 18, 2013, relating to the Bureau for Child Support Enforcement (distribution of support payments, 97 CSR 7 ), is authorized.
  On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
  Engrossed Committee Substitute for Senate Bill No. 155, 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. 155) 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. 155) 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, to take effect from passage, of
  Eng. Com. Sub. for Senate Bill No. 165, Authorizing Department of Transportation promulgate legislative rules.
  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 No. 167, 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 TAX AND REVENUE TO PROMULGATE LEGISLATIVE RULES.
§64-7-1. State Tax Department.
     (a) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section eleven-c, article ten, 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 November 26, 2013, relating to the State Tax Department (municipal sales and service and use tax administration, 110 CSR 28), is authorized.
     (b) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section eleven, article three, chapter twenty-two 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 November 26, 2013, relating to the State Tax Department (special reclamation tax credit, 110 CSR 29), is authorized.
     (c) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section two-c, article three, chapter fifty 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 November 26, 2013, relating to the State Tax Department (withholding or denial of personal income tax refunds from taxpayers who owe municipal or magistrate court costs, 110 CSR 40), is authorized.
§64-7-2. Insurance Commissioner.
     (a) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section four, article sixteen-h, 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 November 1, 2013, relating to the Insurance Commissioner (utilization review and benefit determination, 114 CSR 95 ), is authorized with the following amendments:
     On page one, subsection 1.1., after the words "and benefit determinations" by inserting a comma;
     On page one, subsection 2.1., by striking out the word "healthcare" and inserting in lieu thereof the words "health care";
     On page two, subsection 2.6., after the word "specialty" by striking out the word "as" and inserting in lieu thereof the word "that";
     On page three, subsection 2.15., by striking out the word "no" and inserting in lieu thereof the word "not";
     On page three, subsection 2.16., by striking out the words "except as otherwise specifically exempted in this definition" and inserting in lieu thereof the words "but excluding the excepted benefits defined in 42 U. S. C. §300gg-91 and as otherwise specifically excepted in this rule";
     On page five, subsection 2.17., by striking out the word "state" and inserting in lieu thereof the words "West Virginia";
     On page five, subsection 2.24., by striking out the word "in" and inserting in lieu thereof the word "an";
     On page six, subsection 2.28., by striking out the word "that" and inserting in lieu thereof the words "the one";
     On page six, subdivision 2.30.a., by striking out the words "the covered person's life, health or ability to regain maximum function or in the opinion of an attending health care professional with knowledge of the covered person's medical condition, would subject the covered person to severe pain that cannot be adequately managed without the health care service or treatment that is the subject of the request." and inserting in lieu thereof the words "the life or health of the covered person or the ability of the covered person to regain maximum function; or";
     On page six, after subdivision 2.30.a., by inserting a new subdivision, designated subdivision 2.30.b., to read as follows:
     2.30.b.   In the opinion of an attending health care professional with knowledge of the covered person's medical condition, would subject the covered person to severe pain that cannot be adequately managed without the health care service or treatment that is the subject of the request.;
     And by relettering the remaining subdivisions;
     On page six, subdivision 2.30.b., by striking out "2.30.a" and inserting in lieu thereof "2.30.d";
     On page eight, subsection 6.1., by striking out the words "an entity" and inserting in lieu thereof the words "a person";
     On page eight, subsection 6.1., after the word "Commissioner" by inserting the words "or by statute or legislative rule";
     On page nine, after paragraph 6.3.a.4., by inserting a new paragraph, designated paragraph 6.3.a.5., to read as follows:
     6.3.a.5.  For purposes of calculating the time period for refiling the benefit request or claim, the time period shall begin to run upon the covered person's receipt of the notice of opportunity to resubmit.;
     On page ten, subdivision 7.1.b., by striking out the words "a determination is required to be made under subsections 7.2 and 7.4" and inserting in lieu thereof the words "prospective and retrospective review determinations are required to be made";
     On page eleven, paragraph 7.1.e.1., after the word "number" by inserting the word "of";
     On page twelve, subdivision 7.2.b., by striking out the words "health carrier" and inserting in lieu thereof the word "issuer";
     On page fourteen, subdivision 7.3.c., by striking out the comma and the word "and";
     On page fifteen, subdivision 8.1.a., by striking out the words "health carrier" and inserting in lieu thereof the word "issuer";
     On page fifteen, after subdivision 8.1.b., by inserting a new paragraph, designated paragraph 8.1.b.1., to read as follows:
     8.1.b.1.  If the covered person has failed to provide sufficient information for the issuer to determine whether, or to what extent, the benefits requested are covered benefits or payable under the issuer's health benefit plan, the issuer shall notify the covered person as soon as possible, but in no event later than twenty-four (24) hours after receipt of the request, either orally or, if requested by the covered person, in writing of this failure and state what specific information is needed. The issuer shall provide the covered person a reasonable period of time to submit the necessary information, taking into account the circumstances, but in no event less than forty-eight (48) hours after notifying the covered person or the covered person's authorized representative of the failure to submit sufficient information.;
     And by renumbering the remaining paragraphs;
     On page seventeen, subparagraph 8.2.a.9.A., by striking out "8.2.a.8" and inserting in lieu thereof "8.2.a.7";
     On page seventeen, subparagraph 8.2.a.9.B., by striking out "subparagraph 8.2.a.9.A" and inserting in lieu thereof "paragraph 8.2.a.8";
     On page nineteen, subdivision 9.3.d., after the words "providers, paragraph" by striking out "9.3.c.3" and inserting in lieu thereof "9.3.c.1";
     On page nineteen, subdivision 9.3.d., after the words "amount in paragraph" by striking out "9.3.c.3" and inserting in lieu thereof "9.3.c.1";
     And,
     On page nineteen, paragraph 9.3.d.2., after the word "benefits" by adding a period.
     (b) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section four, article sixteen-h, 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 November 1, 2013, relating to the Insurance Commissioner (health plan insurer internal grievance procedure, 114 CSR 96 ), is authorized with the following amendments:
     On page one, section two, by striking out the heading "§114- 96-1. Definitions." and inserting in lieu thereof the heading "§114-96-2. Definitions.";
     On page one, subsection 2.1., by striking out the word "healthcare" and inserting in lieu thereof the words "health care";
     On page one, subsection 2.1., after the word "terminated" by adding a period;
     On page two, subdivision 2.3.a., by striking out the word "external" and inserting in lieu thereof the word "internal";
     On page two, subdivision 2.3.c., after the word "professional" by adding a semicolon;
     On page two, subsection 2.6., by striking out the word "as" and inserting in lieu thereof the word "that";
     On page three, subsection 2.15., by striking out the word "no" and inserting in lieu thereof the word "not";
     On page four, subsection 2.18., by striking out the words "except as otherwise specifically exempted in this definition" and inserting in lieu thereof the words "but excluding the excepted benefits defined in 42 U. S. C. §300gg-91 and as otherwise specifically excepted in this rule";
     On page five, subsection 2.19., by striking out the word "state" and inserting in lieu thereof the words "West Virginia";
     On page six, subsection 2.26., by striking out the word "in" and inserting in lieu thereof the word "an";
     On page seven, subsection 2.30., by striking out the word "that" and inserting in lieu thereof the words "the one";
     On page seven, subdivision 2.32.c., by striking out "2.35.b" and inserting in lieu thereof "2.32.d";
     On page nine, subsection 4.2., by striking out the words "subdivision a of";
     On page ten, subdivision 5.4.a., after "5.4.a." by striking out the period;
     On page eleven, after subdivision 5.6.c., by inserting a new subdivision, designated subdivision 5.6.d., to read as follows:
     5.6.d. The issuer shall make the provisions of subsection 5.4 known to the covered person within three working days after the date of receipt of the grievance.;
     On page thirteen, subdivision 5.8.g., by striking out the word "upholds" and inserting in lieu thereof the word "denies";
     On page thirteen, paragraph 5.8.g.4., after the word "either" by inserting the word "the";
     On page thirteen, paragraph 5.8.g.5., after the word "circumstances" by inserting a comma;
     On page thirteen, paragraph 5.8.g.5., by striking out the word "provide" and inserting in lieu thereof the word "provided";
     On page thirteen, subparagraph 5.8.g.6.A., by striking out "5.4.g.4" and inserting in lieu thereof "5.8.g.4";
     On page thirteen, subparagraph 5.8.g.6.B., by striking out "5.4.g.5" and inserting in lieu thereof "5.8.g.5";
     On page thirteen, by striking out paragraph 5.8.h.1. in its entirety;
     On page fourteen, by striking out paragraph 5.8.h.2. in its entirety;
     And by renumbering the remaining paragraphs;
     On page fourteen, paragraph 5.8.h.3., by striking out "if the covered person decides not to file for an additional voluntary review of the first level review decision involving an adverse determination";
     On page fourteen, paragraph 5.9.a.3., after the words "notices" by striking out the comma;
     On page fifteen, subdivision 6.4.b., after "6.4.b." by striking out the period;
     On page sixteen, subdivision 6.5.d., after the semicolon by adding the word "and";
     On page sixteen, by striking out subdivision 6.5.e. in its entirety;
     And by relettering the remaining subdivision;
     On page sixteen, by striking out paragraphs 6.5.e.1 and 6.5.e.2 in their entirety;
     On page sixteen, subsection 7.2., by striking out "5.1" and inserting in lieu thereof "7.1";
     On page eighteen, subparagraph 7.8.a.7.A., after the words "as well as" by inserting the word "a";
     On page eighteen, subparagraph 7.8.a.7.A., after the word "reaching" by inserting the word "the";
     On page nineteen, subparagraph 7.8.a.7.E., after the word "circumstances" by inserting a comma;
     On page nineteen, part 7.8.a.7.F.3., after the word "et" by striking out the period;
     On page nineteen, part 7.8.a.7.F.6., after the word "claim" by inserting a comma;
     And,
     On page twenty, after subparagraph 7.8.b.1.B., by inserting a new subparagraph, designated subparagraph 7.8.b.1.C., to read as follows:
     7.8.b.1.C. Include in the English versions of all notices a statement prominently displayed in any applicable non-English language clearly indicating how to access the language services provided by the carrier.
     (c) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section four, article sixteen-h, 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 November 1, 2013, relating to the Insurance Commissioner (external review of adverse health insurance determinations, 114 CSR 97 ), is authorized with the following amendments:
     On page one, subsection 2.1., after the word "terminated" by adding period;
     On page two, subdivision 2.3.c., after the word "professional" by adding a semicolon;
     On page two, subdivision 2.4.c., by striking out "2.4a and 2.4b" and inserting in lieu thereof "2.4.a and 2.4.b";
     On page two, subdivision 2.4.d., by striking out "2.4a, 2.4b and 2.4c" and inserting in lieu thereof "2.4.a, 2.4.b and 2.4.c";
     On page three, subsection 2.7., after the word "Commissioner" by adding a period;
     On page three, subsection 2.12., after the words "Emergency medical condition" by striking out the single quotation mark and inserting in lieu thereof a double quotation mark;
     On page four, subsection 2.17., by striking out the words "except as otherwise specifically exempted in this definition" and inserting in lieu thereof the words "but excluding the excepted benefits defined in 42 U. S. C. §300gg-91 and as otherwise specifically excepted in this rule";
     On page eight, subsection 3.1., by striking out the words "A written" and inserting in lieu thereof the words "An issuer shall notify the covered person in writing of the covered person's right to request an external review. Such a written";
     On page eight, subdivision 3.1.c., by striking out the words "subsection 15.1" and inserting in lieu thereof the words "section 14";
     On page nine, paragraph 3.1.e.1., before the words "would seriously" by striking out the comma;
     On page nine, paragraph 3.1.f.1., after the word "life" by striking out the comma and inserting in lieu thereof the words "or health or";
     On page ten, subsection 5.3., by striking out the words "expedited review of a grievance involving an adverse determination" and inserting in lieu thereof the words "expedited internal review of a grievance involving an adverse determination pursuant to W. Va. Code of St. R. §114-96";
     On page ten, subdivision 5.3.a., after the word "Code" by inserting the word "of";
     On page eleven, subsection 6.2., after the word "consideration" by striking out the word "on" and inserting in lieu thereof the word "of";
     On page twelve, subdivision 6.5.a, by striking out the words "two business days" and inserting in lieu thereof the words "one business day";
     On page thirteen, subdivision 6.6.d., by striking out the word "internal" and inserting in lieu thereof the word "independent";
     On page thirteen, subsection 6.8., after the words "receipt of the request for an external review" by inserting the words "and no later than one business day after making the decision";
     On page seventeen, subdivision 8.5.b., after "8.5.b." by striking out the period;
     On page seventeen, subdivision 8.5.c., by striking out "8.8" and inserting in lieu thereof "8.9";
     On page eighteen, subsection 8.6., after "IRO" by striking out the comma;
     On page eighteen, subdivision 8.6.a., by striking out the word "dely" and inserting in lieu thereof the word "delay";
     On page nineteen, paragraph 8.9.a.2., after the words "services or treatments" by inserting the words "would not be substantially increased over those of available standard health care services or treatments";
     On page twenty, subdivision 8.11.b., by striking out "8.12.d" and inserting in lieu thereof "8.11.d";
     On page twenty-one, subdivision 8.11.c., after "8.11.c", by inserting a period;
     On page twenty-one, subdivision 8.11.d., after "8.11.d", by inserting a period;
     On page twenty-one, paragraph 8.11.d.1., after "8.11.d.1", by inserting a period;
     On page twenty-one, paragraph 8.11.d.2., after "8.11.d.2", by inserting a period;
     On page twenty-one, paragraph 8.11.d.3., after "8.11.d.3", by inserting a period;
     On page twenty-one, paragraph 8.11.d.3., by striking the words "pursuant to subdivision 8.11.a";
     On page twenty-two, subsection 8.12., by striking out the word "amount" and inserting in lieu thereof the word "among";
     On page twenty-three, subdivision 9.2.f., after the word "parties" by striking out the comma;
     On page twenty-three, paragraph 9.2.f.1., after "IRO" by striking out the comma and the words "except that a party that unreasonably refuses to stipulate to limit the record may be taxed by the court for the additional costs involved";
     On page twenty-four, subsection 10.2, by striking out the word "as" and inserting in lieu thereof a comma;
     On page twenty-five, subdivision 10.4.c., by striking out subdivision 10.4.c. in its entirety;
     On page twenty-seven, paragraph 11.4.a.2., after the word "review" by inserting a comma and the words "any known close relative of the covered person,";
     On page twenty-seven, after paragraph 11.4.a.3., by inserting two new paragraphs, designated paragraphs 11.4.a.4. and 11.4.a.5., to read as follows:
     "11.4.a.4. Any administrator, fiduciary, employee or sponsor of an employee welfare benefit plan as defined in 29 U. S. C. 1002(1), if any, under which the covered person's request for external review arises;
     11.4.a.5. A trade association of group health plans or issuers, or a trade association of health care providers;";
     And by renumbering the remaining paragraphs;
     On page twenty-seven, subdivision 11.4.b., by striking out all of subdivision 11.4.b. and inserting in lieu thereof a new subdivision, designated subdivision 11.4.b., to read as follows:
     11.4.b. In determining whether an IRO or a clinical reviewer of the IRO has a material professional, familial or financial conflict of interest for purposes of subdivision 11.4.a, the Commissioner may disregard the mere appearance of a conflict of interest.;
     On page twenty-eight, section twelve, by striking out section twelve in its entirety;
     And by renumbering the remaining sections;
     On page twenty-eight, subsection 13.1., by striking out "13.1.a" and inserting in lieu thereof "12.1.a";
     On page twenty-nine, paragraph 13.2.b.2., by striking out "paragraph 13.2.b.2" and inserting in lieu thereof "paragraph 12.2.b.1";
     On page thirty, subsection 15.2, by striking out "15.1" and inserting in lieu thereof "14.1";
     On page thirty, subsection 15.3, by striking out "15.2" and inserting in lieu thereof "14.2";
     And,
     On page thirty, after subsection 15.3, by adding a new section, designated section fifteen, to read as follows:
     §114-97-15. Penalties. Any issuer failing to comply with the requirements of this rule is subject to the penalties prescribed in W. Va. Code §33-3-11.
§64-7-3. Alcohol Beverage Control Commission.
     (a) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section ten, article seven, chapter sixty of this code, modified by the Alcohol Beverage Control Commission to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on October 31, 2013, relating to the Alcohol Beverage Commission (private club licensing, 175 CSR 2 ), is authorized.
     (b) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section sixteen, article two, chapter sixty of this code, modified by the Alcohol Beverage Control Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 31, 2013, relating to the Alcohol Beverage Commission (farm wineries, 175 CSR 3), is authorized.
     (c) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section twenty-three, article eight, chapter sixty of this code, modified by the Alcohol Beverage Control Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 31, 2013, relating to the Alcohol Beverage Commission (sale of wine, 175 CSR 4 ), is authorized.
     (d) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section twenty-two, article sixteen, chapter eleven of this code, modified by the Alcohol Beverage Control Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 31, 2013, relating to the Alcohol Beverage Commission (nonintoxicating beer licensing and operations procedures, 176 CSR 1), is authorized.
§64-7-4. Racing Commission.
     The legislative rule filed in the State Register on July 26, 2013, 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 October 31, 2013, relating to the Racing Commission (thoroughbred racing, 178 CSR 1 ), is authorized with the following amendments:
     On page fifteen, subsection 8.5.b., line twenty-two, following the words "stewards shall have authority to" by striking out the word "charge", and inserting in lieu thereof "issue a ruling citing";
     And,
     On page eighteen, subsection 9.2., line six, following the words "health certificates", by striking out the word "Coggins" and inserting in lieu thereof "current negative Coggins test for equine infectious anemia (EIA)".
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
     Engrossed Committee Substitute for Senate Bill No. 167, 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. 167) 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. 167) 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. Com. Sub. for Senate Bill No. 181, Authorizing Department of Administration 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 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO PROMULGATE LEGISLATIVE RULES.
§64-2-1. Department of Administration.
     The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section forty-eight, article three, chapter five-a of this code, relating to the Department of Administration (state-owned vehicles, 148 CSR 3), is authorized.
§64-2-2. Consolidated Public Retirement Board.
     The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section one, article ten-d, chapter five of this code, modified by the Consolidated Public Retirement Board to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on August 30, 2013, relating to the Consolidated Public Retirement Board (Public Employees Retirement System, 162 CSR 5 ), is authorized with the following amendments:
     On page three, subsection 8.1, line seventeen, following the word "System", by inserting a colon and the following: And provided further, That beginning July 1, 2014, each participating public employer shall contribute fourteen percent (14%) of each compensation payment of all its employees who are members of the Public Employees Retirement System.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
     Engrossed Committee Substitute for Senate Bill No. 181, 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. 181) 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. 181) 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, to take effect from passage, of
     Eng. Com. Sub. for Senate Bill No. 196, Authorizing Division of Rehabilitation Services promulgate legislative rule relating to Ron Yost Personal Assistance Services Act Board.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect July 1, 2014, of
     Eng. Senate Bill No. 202, Creating Benefit Corporation Act.
     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. 357, Relating to Logging Sediment Control Act civil and criminal penalties.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, to take effect July 1, 2014, and requested the concurrence of the Senate in the House of Delegates amendment, as to
     Eng. Com. Sub. for Senate Bill No. 376, Requiring certain construction workers complete OSHA safety program.
     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 3. SAFETY AND WELFARE OF EMPLOYEES.
§21-3-22. OSHA construction safety program.
     (a) For the purposes of this section:
     (1) "Business entity" means any firm, partnership, association, company, corporation, limited partnership, limited liability company or other entity.
     (2) "Commissioner" means the Commissioner of Labor or his or her designee.
     (3) "Public authority" has the same meaning as in section two, article one-d of this chapter.
     (4) "Public improvement" has the same meaning as in section two, article one-d of this chapter.
     (b) No person or business entity providing services as a contractor or subcontractor under a contract, entered on or after July 1, 2014, for the construction, reconstruction, alteration, remodeling or repairs of any public improvement, by or on behalf of a public authority, where the total contract cost of all work to be performed by all contractors and subcontractors is in excess of $50,000, may use, employ or assign any person to a public improvement work site who has not successfully completed a ten-hour construction safety program designed by OSHA, no later than twenty- one calendar days after being employed at or assigned to the public improvement work site.
     (c) The training requirement contained in subsection (b) of this section does not apply to a person used, employed or assigned to a public improvement work site for less than twenty-one consecutive calendar days following the person's first day of employment or assignment at the public improvement work site.
     (d) During the three hundred sixty-five days following the effective date of this section, a person employed or assigned to a public improvement work site shall have ninety days to complete the training requirement of subsection (b) of this section.
     (e) A contractor or subcontractor subject to this section shall make and maintain a record of the persons he or she uses, employs or assigns pursuant to the contract, including the date of the completion of the safety training program required by subsection (b) of this section and the identity of the provider of the training. The records required by this subsection shall be preserved pursuant to section five, article five-c of this chapter and be maintained at the employer's business office.
     (f) Upon a finding by the Commissioner, that a person has been used, employed at or assigned to a public improvement work site in violation of subsection (b) of this section, the Commissioner may issue a cease and desist order to the person who has not completed the requisite training until the person presents the Commissioner with evidence that he or she has successfully completed the training program required by subsection (b) of this section.
     (g) The Commissioner may assess a civil penalty of not less than $100 nor more than $1,000 to any person or business entity for each violation of this section.
     (h) Any person with knowledge that a document or other record falsely represents that a person has completed the training program required by subsection (b) of this section and who provides or exhibits the document or record to the Commissioner or to an employer, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $250 nor more than $2,500.
     (i) The following persons are exempt from the training requirements of subsection (b) of this section:
     (1) Law-enforcement officers involved with traffic control or job-site security;
     (2) Federal, state and municipal government employees and inspectors; and
     (3) Suppliers of materials and persons whose sole responsibility is to deliver materials to the work site.
     (h) The Commissioner shall report to the Joint Committee on Government and Finance by January 1, 2017, on accident and injury rates at public improvement work sites during the two years prior and following enactment of this section.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
     Engrossed Committee Substitute for Senate Bill No. 376, 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. 376) passed with its title.
     Senator Unger moved that the bill take effect July 1, 2014.
     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. 376) takes effect July 1, 2014.
     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 July 1, 2014, of
     Eng. Com. Sub. for Senate Bill No. 383, Permitting certain residential real estate owners limited exemptions from licensing requirements.
     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. 397, Expanding scope of activities considered financial exploitation of elderly.
     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 2. CRIMES AGAINST THE PERSON.
§61-2-29b. Financial exploitation of an elderly person, protected person or incapacitated adult; penalties; definitions.
     (a) Financial exploitation occurs when a person intentionally misappropriates or misuses the funds, or assets of an elderly person, protected person or incapacitated adult, Any person who violates this section is guilty of larceny and shall be ordered to pay restitution. Any person who financially exploits an elderly person, protected person or an incapacitated adult shall be guilty of larceny and subject to the penalties contained in section thirteen, article three of this chapter. Any person convicted of a violation of this section shall, in addition to any other penalties at law, be subject to an order of restitution.
     (b) In determining the value of the money, goods, property or services referred to in subsection (a) of the section, it shall be permissible to cumulate amounts or values where such money, goods, property or services were fraudulently obtained as part of a common scheme or plan.
     (c) Financial institutions and their employees, as defined by section one, article two-a, chapter thirty-one-a of this code and as permitted by section four, subsection thirteen of that article, others engaged in financially related activities, as defined by section one, article eight-c, chapter thirty-one-a of this code, caregivers, relatives and other concerned persons are permitted to report suspected cases of financial exploitation to state or federal law-enforcement authorities, the county prosecuting attorney and to the Department of Health and Human Resources, Adult Protective Services Division or Medicaid Fraud Division, as appropriate. Public officers and employees are required to report suspected cases of financial exploitation to the appropriate entities as stated above. The requisite agencies shall investigate or cause the investigation of the allegations.
     (d) When financial exploitation is suspected and to the extent permitted by federal law, financial institutions and their employees or other business entities required by federal law or regulation to file suspicious activity reports and currency transaction reports shall also be permitted to disclose suspicious activity reports or currency transaction reports to the prosecuting attorney of any county in which the transactions underlying the suspicious activity reports or currency transaction reports occurred.
     (e) Any person or entity that in good faith reports a suspected case of financial exploitation pursuant to this section is immune from civil liability founded upon making that report.
     (f) For the purposes of this section:
     (1) "Incapacitated adult" means a person as defined by section twenty-nine of this article;
     (2) "Elderly person" means a person who is sixty-five years or older; ~~and~~
     (3) "Financial exploitation" or "financially exploit" means the intentional misappropriation or misuse of funds or assets of an elderly person, protected person or incapacitated adult, but shall not apply to a transaction or disposition of funds or assets where the accused made a good faith effort to assist the elderly person, protected person or incapacitated adult with the management of his or her money or other things of value; and
_____~~(3)~~ (4) "Protected person" means any person who is defined as a "protected person" in ~~subsection thirteen,~~ section four, article one, chapter forty-four-a of this code and who is subject to the protections of chapter forty-four-a or forty-four-c of this code.
  (g) Notwithstanding any provision of this code to the contrary, acting as guardian, conservator, trustee or attorney for or holding power of attorney for an elderly person, protected person or incapacitated adult shall not, standing alone, constitute a defense to a violation of subsection (a) of this section.
  On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
  Engrossed Committee Substitute for Senate Bill No. 397, 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. 397) 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 concurrence by that body in the passage of
  Eng. Senate Bill No. 403, Regulating importation and possession of certain injurious aquatic species.
  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, 2014, 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. 414, Redirecting nonprobate appraisement filings.
  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 seven, line thirty-three, after the word "all" by inserting the word "personal";
  On page seven, section fourteen, line twenty-nine, after the word "all" by inserting the word "personal";
  On page eleven, section fourteen, lines one hundred one and one hundred two, by striking out the words "of said article", and inserting a comma and the words "article eleven, chapter eleven of this code";
  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. 414--A Bill to amend and reenact §11-11-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §44-1-14 of said code, all relating to the filing of estate appraisement and nonprobate inventory forms; eliminating certain filing with the Tax Commissioner; providing for maintenance and preservation of certain forms by the county clerk; providing for disclosure of certain forms under certain circumstances; and providing for confidentiality of certain forms under certain circumstances.
  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. 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 Com. Sub. for S. B. No. 414) passed with its House of Delegates amended title.
  Senator Unger moved that the bill take effect July 1, 2014.
  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. 414) takes effect July 1, 2014.
  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. 427, Relating to motor vehicle insurance.
  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 six, section seven, lines nine and ten, by striking out the words "shall revoke the owner's vehicle registration".
  On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
  Engrossed Committee Substitute for Senate Bill No. 427, 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. 427) 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 concurrence by that body in the passage of
  Eng. Com. Sub. for Com. Sub. for Senate Bill No. 431, Relating to issuance and renewal of certain driver's licenses and federal ID cards.
  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. 434, Eliminating revocation period for certain DUI offenders.
  On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
  On page sixteen, section three-a, lines two hundred sixty- seven through two hundred seventy-three, by striking out all of subdivision (2) and inserting in lieu thereof a new subdivision, designated subdivision (2), to read as follows:
  (2) The application and acceptance of a person into the Motor Vehicle Alcohol Test and Lock Program pursuant to this subdivision (1) constitutes an automatic waiver of their right to an administrative hearing. The Office of Administrative Hearings may not conduct a hearing on a matter which is the basis for a person actively participating in the Motor Vehicle Alcohol Test and Lock Program.
  On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
  Engrossed Committee Substitute for Senate Bill No. 434, 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. 434) 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. Senate Bill No. 454, Defining dam "owner".
  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 six, section three, after line ninety-two, by inserting a new subdivision, designated subdivision (4), to read as follows:
  (4) Notwithstanding any provisions of this article, no owner of real property, land, upon which a dam is constructed pursuant to Public Law 78-534, Section 13 of the Flood Control Act of 1944; Public Law 83-566, the Watershed protection and Flood Prevention Act of 1954; the pilot watershed program authorized under the heading "flood prevention" of the Department of Agriculture Appropriation Act of 1954, Public Law 156, 67 Stat. 214; or Subtitle H of Title XV of the Agriculture and Flood Act of 1981, commonly known as the Resource Conservation and Development Program, 16 U. S. C. §3451 shall be responsible for or liable for any repairs, maintenance or damage arising from regular operation, maintenance, deficiencies or ownership of said dam. Nor shall an owner be cited as a noncompliant owner or for any deficiencies of said dam: Provided, That the land owner shall not intentionally harm or damage or cause or interfere with the regular operation, maintenance of said dam.
  On motion of Senator Miller, the following amendments to the House of Delegates amendment to the bill were reported by the Clerk, considered simultaneously, and adopted:
  On page six, section three, subsection (k), subdivision (3), after "§3451" by changing the period to a colon and inserting the following proviso: Provided, That an owner is not responsible for or liable for repairs, maintenance or damage arising from the regular operation, maintenance, deficiencies or ownership of the dam, nor shall the owner be cited as a noncompliant dam owner for any deficiencies of the dam, so long as the owner does not intentionally cause, damage or interfere with the regular operation and maintenance of the dam.;
  And,
  On page six, section three, subsection (k), by striking out all of subdivision (4).
  On motion of Senator Unger, the Senate concurred in the House of Delegates amendment, as amended.
  Engrossed Senate Bill No. 454, 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. S. B. No. 454) passed with its 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 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. 523, Providing for additional state veterans skilled nursing facility in Beckley.
  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 pages two through six, lines one through seventy-six, by striking out all of section ten and inserting in lieu thereof a new section, designated section ten, to read as follows:
  The ~~director~~ secretary is the executive and administrative head of the ~~division~~ department and has the power and duty, subject to the provisions of section four of this article, to:
  (a) Supervise and put into effect the purposes and provisions of this article and the rules for the government of the ~~division~~ department;
  (b) Prescribe methods pertaining to investigations and reinvestigations of all claims and to the rights and interests of all veterans, their widows, widowers, dependents and orphans;
  (c) Prescribe uniform methods of keeping all records and case records of the veterans, their widows, widowers, dependents and orphans;
  (d) Sign and execute, in the name of the state by West Virginia ~~Division~~ Department of Veterans' ~~Affairs and by and with the consent of the Veterans' Council,~~ Assistance, any contract or agreement with the federal government or its agencies, other states, subdivisions of this state, corporations, associations, partnerships or individuals;
  (e) Supervise the fiscal affairs and responsibilities of the ~~division~~ department;
  (f) Organize the ~~division~~ department to comply with the requirements of this article and with the standards required by any federal act or any federal agency;
  (g) Establish any regional or area offices throughout the state that are necessary to promote efficiency and economy in administration;
  (h) Make reports that comply with the requirements of any federal act or federal agency and the provisions of this article;
  (i) Cooperate with the federal and state governments for the more effective attainment of the purposes of this article;
  (j) Keep a complete and accurate record of all proceedings; record and file all contracts and agreements and assume responsibility for the custody and preservation of all papers and documents pertaining to his or her office and the ~~division~~ department;
  (k) Prepare for the Veterans' Council the annual reports to the Governor of the condition, operation and functioning of the ~~division~~ department;
  (l) Exercise any other powers necessary and proper to standardize the work; to expedite the service and business; to assure fair consideration of the rights and interests and claims of veterans, their widows, widowers, dependents and orphans; to provide resources for a program which will promote a greater outreach to veterans and which will advise them of the benefits and services that are available; and to promote the efficiency of the ~~division~~ department;
  (m) Invoke any legal, equitable or special remedies for the enforcement of his or her orders or the provisions of this article;
  (n) Appoint the ~~veterans' affairs~~ officers and heads of divisions of the ~~division~~ department, and of regional or area offices, and employ assistants and employees, including case managers and counselors, that are necessary for the efficient operation of the ~~division~~ department;
  (o) Provide resources and assistance in the development of an Internet website which is to be used to inform veterans of programs and services available to them through the ~~division~~ department and the state and federal governments;
  (p) Delegate to all or any of his or her appointees, assistants or employees all powers and duties vested in the ~~director~~ secretary, except the power to sign and execute contracts and agreements: ~~but the director~~ Provided, That the secretary shall be responsible for the acts of his or her appointees, assistants and employees; ~~and~~
  (q) ~~Provide volunteers who will drive or transport~~ Award grants, in his or her discretion, subject to available appropriations, to provide for the transportation of veterans to veterans' hospitals from the veteran's home or local Veterans' ~~affairs~~ Assistance offices~~. and who shall be paid an expense per diem of seventy-five dollar~~; and
__(r) Enter into an agreement with the Commissioner of the Department of Agriculture to transfer without consideration all or part of the approximately seventeen acres of the Department of Agriculture property in Beckley, West Virginia, located adjacent to the Jackie Withrow Hospital which was formerly known as Pinecrest Hospital, for construction of a veterans skilled nursing facility.;
  On page eleven, section four, line fifty, after the word "transfer" by inserting the words "without consideration";
  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. 523--A Bill to amend and reenact §9A-1-10 of the Code of West Virginia, 1931, as amended; to amend and reenact §16-1B-1 of said code; and to amend and reenact §19-1-4 of said code, all relating to the authority of the Secretary of the Department of Veterans' Assistance; authorizing the Secretary of the Department of Veterans' Assistance and the Commissioner of the Department of Agriculture to enter into an agreement to transfer certain property for construction of a veterans skilled nursing facility; removing outdated language; providing additional powers to the Secretary of Department of Veteran's Assistance; authorizing the Secretary to award grants to provide transportation for veterans; and making legislative findings.
  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. 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. Com. Sub. for Com. Sub. for S. B. No. 523) 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 amendments, as to
  Eng. Com. Sub. for Senate Bill No. 574, Clarifying mobile home permanently attached to real estate is not personal property under certain conditions.
  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 one, by striking out everything after the enacting section and inserting in lieu thereof the following:
CHAPTER 11. TAXATION.
ARTICLE 5. ASSESSMENT OF PERSONAL PROPERTY.
§11-5-12. Mobile homes situate upon property owned by a person other than owner of mobile home.
  Mobile homes ~~situate~~ situated upon property owned by a person other than the owner of the mobile home ~~shall be~~ are classified as personal property whether or not ~~said~~ the mobile home is permanently affixed to the real estate and, unless subject to assessment as Class II property under section eleven of this article or section two, article four of this chapter, ~~shall be~~ are assessed as Class III or Class IV personal property, as may be appropriate in the circumstances.
  A mobile home permanently attached to the real estate of the owner may not be classified as personal property if the owner has filed a canceled certificate of title with the clerk of the county commission and the clerk has recorded it in the same manner as deeds are recorded and indexed.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION, CERTIFICATE OF TITLE AND ANTITHEFT PROVISIONS.
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF CERTIFICATES OF TITLE.
§17A-3-12b. Canceled certificates of title for certain mobile and manufactured homes.
     The commissioner may cancel a certificate of title for a mobile or manufactured home affixed to the real property of the owner of the mobile or manufactured home. The person requesting the cancellation shall submit to the commissioner an application for cancellation together with the certificate of title. The application shall be on a form prescribed by the commissioner. The commissioner shall return one copy of the cancellation certificate to the owner and shall send a copy of the cancellation certificate to the clerk of the county commission to be recorded and indexed in the ~~deed book~~ same manner as a deed, with the owner's name being indexed in the grantor index. The commissioner shall charge a fee of $10 per certificate of title canceled. The clerk shall return a copy of the recorded cancellation certificate to the owner, unless there is a lien attached to the mobile or manufactured home, in which case the copy of the recorded cancellation certificate shall be returned to the lienholder. Upon ~~recordation~~ its recording in the county clerk's office, the mobile or manufactured home shall be treated for all purposes as an appurtenance to the real estate to which it is affixed and be transferred only as real estate and the ownership interest in the mobile or manufactured home, together with all liens and encumbrances on the home, shall be transferred to and shall encumber the real property to which the mobile or manufactured home has become affixed.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
     Engrossed Committee Substitute for Senate Bill No. 574, 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. 574) 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. 574) 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. 579, Creating Land Reuse Agency Authorization 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 nineteen, section nine, line seventeen, after the word "proper" by changing the period to a colon and inserting the following proviso: Provided, That a land reuse agency may not acquire any interest in oil, gas or minerals which have been severed from the realty.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
     Engrossed Committee Substitute for Senate Bill No. 579, 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. 579) 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 concurrence by that body in the passage of
     Eng. Com. Sub. for Senate Bill No. 621, Authorizing insurers offer flood insurance.
     A message from The Clerk of the House of Delegates announced the amendment by that body, adoption as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
     Com. Sub. for Senate Concurrent Resolution No. 28, Requesting DOH name road in Logan County "Joshua Walls Memorial Highway".
     On motion of Senator Unger, the message on the resolution was taken up for immediate consideration.
     The following House of Delegates amendment to the resolution was reported by the Clerk:
     On page one, in the first Whereas clause, by striking out the words "all deceased" and inserting in lieu thereof the word "(deceased)".
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the resolution.
     Committee Substitute for Senate Concurrent Resolution No. 28, as amended by the House of Delegates, was then put upon its adoption.
     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 the amendment by that body, adoption as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Com. Sub. for Senate Concurrent No. 41, Requesting DOH name portion of Rt. 83 in McDowell County "U. S. Army MSG Joe C. Alderman Memorial Road".
     On motion of Senator Unger, the message on the resolution was taken up for immediate consideration.
     The following House of Delegates amendments to the resolution were reported by the Clerk:
     By striking out everything after the title and inserting in lieu thereof the following:
     Whereas, MSGT Alderman was born in Bartley, McDowell County, on September 11, 1940; and
     Whereas, MSGT Alderman enlisted in the Army in 1958 following his graduation from Big Creek High School; and
     Whereas, MSGT Alderman began his career with the Army Special Forces in 1962; and
     Whereas, During his time in the Special Forces, MSGT Alderman spent seven years on special detachments in Vietnam; and
     Whereas, MSGT Alderman's awards and honors include the Silver Star, Legion of Merit, Soldier's Medal, six Bronze Stars, the Meritorious Service Medal, five Air Medals, the Joint Service Medal, six Army Commendation Medals and three Purple Hearts. Other awards from his time in Vietnam include the Special Service Medal for Heroism, the Cross of Gallantry with a Silver Star, two Bronze Stars and the Armed Forces Honor Medal; and
     Whereas, MSGT Alderman retired in November, 1980, and his career achievements were marked with his induction into the Ranger Hall of Fame in 1998; and
     Whereas, It is fitting to honor MSGT Alderman's life and service by naming the stretch of West Virginia Route 83 after him; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name the stretch of West Virginia Route 83 between its intersection with West Virginia Route 16 at Yukon, McDowell County, and its intersection with County Road 83/03 in Bartley, McDowell County, the "U. S. Army MSGT Joe C. Alderman Memorial Road"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the road as the "U. S. Army MSGT Joe C. Alderman Memorial Road"; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of Transportation, the Commissioner of Highways and MSGT Alderman's surviving relatives.;
     And,
     By striking out the title and substituting therefor a new title, to read as follows:
     Com. Sub. for Senate Concurrent Resolution No. 41--Requesting DOH name portion of Rt. 83 in McDowell County "U. S. Army MSGT Joe C. Alderman Memorial Road".
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the resolution.
     Committee Substitute for Senate Concurrent Resolution No. 41, as amended by the House of Delegates, was then put upon its adoption.
     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 the concurrence by that body in the Senate amendment to, and the passage as amended, of
     Eng. Com. Sub. for House Bill No. 4363, Creating an informal dispute resolution process available to behavioral health providers.
     At the request of Senator Unger, unanimous consent being granted, the Senate again proceeded to the sixth order of business.
     Senators Unger, Kessler (Mr. President), Beach, Carmichael, Cole, Edgell, Facemire, Fitzsimmons, D. Hall, Laird, Miller, Palumbo, Sypolt, Wells, Yost and Tucker offered the following resolution:
     Senate Concurrent Resolution No. 98--Requesting the Joint Committee on Government and Finance establish a special study commission to review the January, 2011, United States Chemical, Safety and Hazard Investigation Board's Pesticide Chemical Runaway Reaction Pressure Vessel Explosion Investigation Report on the August 28, 2008, explosion at the Bayer CropScience, LP facility in Institute, West Virginia.
     Whereas, On August 28, 2008, there was an explosion at the Bayer CropScience, LP facility in Institute, West Virginia, that killed two persons and injured eight others; and
     Whereas, In January, 2011, the United States Chemical, Safety and Hazard Investigation Board issued Report No. 2008-08-I-WV on the explosion; and
     Whereas, In its investigative report the United States Chemical, Safety and Hazard Investigation Board cited four key issues: (1) Process Hazards Analysis; (2) Pre-Startup Safety Review; (3) Process Safety Information and Training; and (4) Emergency Planning and Response; and
     Whereas, In addition to making its findings and conclusions the investigative report also set forth recommendations to the following governmental units: (1) The Director of the Kanawha- Charleston Health Department; (2) the Secretary of the West Virginia Department of Health and Human Resources; (3) the Secretary of the Department of Environmental Protection; (4) the Kanawha-Putnam Emergency Planning Committee; and (5) the West Virginia State Fire Marshal; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to establish a study commission to review the January, 2011, United States Chemical, Safety and Hazard Investigation Board's Pesticide Chemical Runaway Reaction Pressure Vessel Explosion Investigation Report on the August 28, 2008, explosion at the Bayer CropScience, LP facility in Institute, West Virginia; and, be it
     Further Resolved, That the Joint Committee on Government and Finance designate the respective Senate and House of Delegates chairs of the Judiciary, Finance and Health committees, the cochairs of the Joint Legislative Oversight Commission on State Water Resources and public health and safety professionals, such as the Director of the Kanawha-Charleston Health Department, the Secretary of the West Virginia Department of Health and Human Resources, the Secretary of the Department of Environmental Protection, the Kanawha-Putnam Emergency Planning Committee and the West Virginia State Fire Marshal, to the special study commission; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, 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 Walters, Barnes, Blair, Boley, Carmichael, Chafin, Cole, Fitzsimmons, D. Hall, M. Hall, Jenkins, McCabe, Nohe, Palumbo, Snyder, Sypolt, Williams, Tucker and Yost offered the following resolution:
     Senate Concurrent Resolution No. 99--Requesting the Joint Standing Committee on Education study the ratio of elementary and secondary school students to administrators and compare those ratios to those of the other forty-nine states.
     Whereas, Education, especially elementary and secondary education, is singularly important in the preparation of a student's ability to participate and prosper in the modern global economy; and
     Whereas, Resources dedicated to sustaining and improving the state's educational system should, as much as possible, directly support and benefit student learning in the classroom; and
     Whereas, In order to thoroughly consider and deliberate future education-related legislation, the Legislature requires that sufficient fact-based data be available; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Standing Committee on Education study the ratio of elementary and secondary school students to administrators and compare those ratios to those of the other forty-nine states; and, be it
     Further Resolved, That the Joint Standing Committee on Education report to the regular session of the Legislature, 2015, 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 Walters, Barnes, Blair, Boley, Carmichael, Chafin, Cole, Cookman, Fitzsimmons, M. Hall, Nohe, Sypolt and Tucker offered the following resolution:
     Senate Concurrent Resolution No. 100--Requesting the Joint Standing Committee on the Judiciary study the costs and benefits of summary jury trials.
     Whereas, The costs of small-claims litigation is an increasingly large burden upon small businesses operating within the State of West Virginia; and
     Whereas, Methods of alternative dispute resolution have helped in reducing the burden of litigation on both plaintiffs and defendants in civil matters, and have further unburdened the state's trial and appellate courts from some matters which would otherwise place increased demands upon the civil justice system; and
     Whereas, Summary jury trials are increasingly used as a method of alternative dispute resolution in jurisdictions around the country; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on the Judiciary is hereby requested to study the costs and benefits of summary jury trials; and, be it
     Further Resolved, That the Joint Standing Committee on the Judiciary study the history, practice, costs and benefits of summary jury trials, whether they may serve as a means of alleviating some of the burdens placed on West Virginia's civil justice system, which types of cases should be referred to or excluded from the practice of summary jury trials, whether the decision of a summary jury trial should be binding upon the parties thereto and under what circumstances summary jury trials should be binding on the parties thereto; and, be it
     Further Resolved, That the Joint Standing Committee on the Judiciary report to the regular session of the Legislature, 2015, 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.
     Senator Unger offered the following resolution:
     Senate Concurrent Resolution No. 101--Requesting the Joint Committee on Government and Finance study increasing the amount of physical activity required in schools.
     Whereas, Childhood obesity is an epidemic in West Virginia and the United States. According to a report from the Trust for America's Health and the Robert Wood Johnson Foundation, if the obesity rates continue to grow at current rates over the next two decades, the health and economic cost to our state and the nation will be staggering; and
     Whereas, West Virginia has some of the highest rates of the highest-cost and highest-incidence health problems related to obesity and physical inactivity: Type 2 diabetes, coronary, heart disease and stroke, hypertension, arthritis and obesity-related cancers; and
     Whereas, Researchers estimate that the medical costs of adult obesity in the United States range from $147 billion to nearly $210 billion per year and that Medicare and Medicaid will pay $61.8 billion of those costs. In West Virginia, a recent economic study found that in 2009 the direct medical cost of obesity was $8.9 million; and
     Whereas, Childhood obesity is responsible for $14.1 billion in direct medical costs nationally. In West Virginia the estimated direct medical cost to Medicaid for treatment of childhood obesity in 2013 was $198.1 million; and
     Whereas, Providing healthy, nutritious meals and snacks in schools will help curb the rise in childhood obesity but that alone is not enough to address the obesity epidemic; and
     Whereas, There is a large body of scientific evidence demonstrating that regular physical activity promotes growth and development in children and teens and has multiple benefits for physical, mental and cognitive health; and
     Whereas, A study by the Institute of Medicine found that physical activity is related to lower body fat, greater muscular strength, stronger bones and improvements in cardiovascular and metabolic health, as well as improvements in mental health by reducing and preventing conditions such as anxiety, depression and enhancing self-esteem; and
     Whereas, West Virginia was ranked the number-two state nationally in adult physical inactivity in a 2013 report by the Trust for America's Health and the Robert Wood Johnson Foundation; and
     Whereas, Children and teens have low levels of physical activity. For example, former military leaders report that twenty- seven percent of young Americans are too overweight to serve in the military; and
     Whereas, According to a 2005 national literature review reported in Pediatric Exercise Science, students in middle and high school engaged in moderate to vigorous physical activity during physical education class for twenty-seven to forty-seven percent of class time; and
     Whereas, A study reported in the West Virginia Medical Journal found that elementary school physical education classes provide moderate to vigorous physical activity for less than twenty-seven percent of the recommended class time rather than the recommended fifty percent. West Virginia children are generally not receiving the necessary intensity of activity nor the minimum of sixty minutes per day of moderate to vigorous physical activity; and
     Whereas, Research shows that physically active children are more likely to thrive academically and socially. There is evidence that physically fit children have higher scholastic achievement, better classroom behavior and less absenteeism than their unfit counterparts; and
     Whereas, Children and teens spend more than half of their waking hours at school which makes school an ideal location to increase physical activity; and
     Whereas, Schools have historically been leaders in supporting the well-being of our children and teens by providing health screenings, immunizations and nutrition programs while training them to be productive citizens and lifelong learners. The next step in nurturing and developing healthy productive children and teens is to engage them in regular physical activity. Our schools can and should play a major role in efforts to make our children and teens more active, putting them on a track toward better health
and performance in school and throughout life; and
     Whereas, The schools can not accomplish this alone; the necessary improvements in our children's health and well-being will require collaboration between the families, communities and schools; and
     Whereas, In 2005, the Legislature enacted the Healthy Lifestyles Act; however, there is no mechanism to assure implementation and many students are not receiving the benefits of the required physical education; and
     Whereas, The availability of online resources and peer training greatly improves teacher and principal perception and participation in physical activity programs; and
     Whereas, Teachers and principals report that physical activity has been successfully incorporated into classroom teaching in some schools in West Virginia through "Let's Move! West Virginia" programs such as activity breaks and active learning without the need for special facilities or additional physical education teachers or expanding the school day; and
     Whereas, Schools face challenges in providing needed physical education and physical activity to students. Lack of staff and equipment and increased pressure to raise test scores and greater demands to meet content standards and objectives time imped efforts to provide adequate physical education and activity. Regardless of the challenges, schools must provide physical education and physical activity in order to assure their health and well-being and halt the obesity epidemic afflicting our children and teens; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study increasing the amount of physical activity required in schools; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, 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 Cann, Yost, Prezioso and Unger offered the following resolution:
     Senate Resolution No. 53--Memorializing the life of James Dominick LaRosa, businessman, philanthropist and distinguished West Virginian.
     Whereas, James Dominick LaRosa was born on December 22, 1926, the son of James and Emilia (Cava) LaRosa; and
     Whereas, James Dominick LaRosa, upon graduation from Washington Irving High School in Clarksburg in 1944, attended West Virginia University and graduated in 1948 with a degree in Business Administration, after which he went to work with his father at LaRosa Fuel Company; and
     Whereas, James Dominick LaRosa assumed the position of President of LaRosa Fuel Company at the age of thirty-five and became committed to the values taught to him by his parents by becoming invested in enhancing and improving quality of life for his family, his community and all of north-central West Virginia; and
     Whereas, James Dominick LaRosa was a visionary, using his success in business to benefit everyone around him--from local and regional commercial development and attracting world renowned talent Pete Dye to north-central West Virginia to design the Pete Dye Golf Club, to assisting local civic groups, government agencies and animal rights groups. His passion for philanthropy will be felt by many future generations of West Virginians to come; and
     Whereas, James Dominick LaRosa is a shining example to the world of what can be accomplished with perseverance, strong will, a compassionate heart and a genuine love for his state and his fellow West Virginians; and
     Whereas, Sadly, James Dominick LaRosa passed away on February 15, 2014, at the age of eighty-seven, bringing an end to a long, productive life of dedicated public service; and
     Whereas, Although he is gone, James Dominick LaRosa left his accomplishments and successes in life behind for everyone to remember him by and his spirit will resound throughout the hills of West Virginia forever; therefore, be it
     Resolved by the Senate:
     That the Senate hereby memorializes the life of James Dominick LaRosa, businessman, philanthropist and distinguished West Virginian; and, be it
     Further Resolved, That the Senate acknowledges and is truly grateful for James Dominick LaRosa's dedication and commitment to his community and the State of West Virginia and expresses its sincere condolences to the many family members and friends he left behind, as we mourn the loss of a great West Virginian; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the family of the late James Dominick LaRosa.
     At the request of Senator Cann, 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, without objection, returned to the third order of business.
     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--Requesting that the Division of Highways name bridge number 17-24/1-5.79 (17A321), which crosses Simpson Creek, at 0.01 miles west of County Route 24, between the Meadowbrook Mall and the Pete Dye Golf Course, at Bridgeport, Harrison County, West Virginia, the "James D. LaRosa Memorial Bridge".
     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.
     At the request of Senator Unger, unanimous consent being granted, the Senate again proceeded to the sixth order of business.
     Senators Walters, Cole, Yost and Unger offered the following resolution:
     Senate Resolution No. 54--Honoring Dr. Rahul Gupta for his commitment to excellence in providing all aspects of health care to the citizens of Kanawha and Putnam counties and for his many health care contributions to the State of West Virginia.
     Whereas, Dr. Rahul Gupta is the Health Officer and Executive Director at Kanawha-Charleston Health Department and leads the largest local health department in the State of West Virginia; and
     Whereas, Dr. Rahul Gupta earned a Doctor of Medicine degree from University of Delhi and completed his internship and residency training at St. Joseph Hospital/Northwestern University in Chicago, Illinois. Additionally, he has a Master's in Public Health (MPH) in Healthcare Organization and Health Policy from the University of Alabama-Birmingham and is a recipient of fellowship from the American College of Physicians and is board certified by the American Board of Internal Medicine; and
     Whereas, Dr. Rahul Gupta is an adjunct clinical Assistant Professor of Medicine at the West Virginia University School of Medicine and adjunct Associate Professor at University of Charleston's School of Pharmacy. He also serves as a medical consulting and a teaching staff member at Charleston Area Medical Center hospital and is a volunteer physician at the West Virginia Health Right Clinic in Charleston; and
     Whereas, Dr. Rahul Gupta has worked with various health care organizations to develop, integrate and measure adherence to various public health initiatives, including those for the underserved and indigent population. Such initiatives are wide ranging, from immunization initiatives to reducing heart disease, stroke and pneumonia-related morbidity and mortality. He is also instrumental in working with state partners to spearhead the various quality assurance initiatives in public health in West Virginia; and
     Whereas, Here in the Kanawha Valley, Dr. Rahul Gupta is leading the charge to make sure that the citizens of Kanawha and Putnam counties have access to clinical services, live in a clean environment and are educated on health prevention and wellness; and
     Whereas, Since the January 9, 2014, chemical spill in the Elk River that contaminated the drinking water of three hundred thousand citizens, Dr. Rahul Gupta has worked tirelessly alongside local, state and federal officials to ensure that a tragedy of this proportion never happens again; and
     Whereas, The Senate acknowledges and is extremely grateful for the health care service excellence of Dr. Rahul Gupta, who has demonstrated a commitment to public service that is unmatched by most; therefore, be it
     Resolved by the Senate:
     That the Senate hereby honors Dr. Rahul Gupta for his commitment to excellence in providing all aspects of health care to the citizens of Kanawha and Putnam counties and for his many contributions to health care in the State of West Virginia; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Dr Rahul Gupta.
     At the request of Senator Walters, 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, without objection, returned to the third order of business.
     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. 477, Providing teachers determine use of time during planning period.
     The message further announced the appointment of the following conferees on the part of the House of Delegates:
     Delegates Pethtel, Williams and Sumner.
     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 Tucker, D. Hall and Boley.
     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 amendments to, and requested the Senate to recede therefrom, as to
     Eng. Com. Sub. for House Bill No. 4298, Changing the experience requirements of the composition of the members of the West Virginia Ethics Commission.
     On motion of Senator Unger, the Senate refused to recede from its amendments to the bill and requested the appointment of a committee of conference of three 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 Williams, Miller and Sypolt.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 92, Requesting Joint Committee on Government and Finance study reimbursement rates for mental health therapy services.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
     Senate Concurrent Resolution No. 93, Requesting Joint Committee on Government and Finance study effects of tanning beds use and cancer.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
     Senate Concurrent Resolution No. 94, Requesting Joint Committee on Government and Finance study Common Core Standards.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
     Senate Resolution No. 52, Memorializing life of Jeffrey S. Taylor.
     At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     The Senate proceeded to the eighth order of business.
     Senator Wells requested that all bills on third reading be read fully and distinctly.
     Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
     On motion of Senator Unger, the Senate recessed until 1:30 p.m. today.
     Upon expiration of the recess, the Senate reconvened.
     Senator Unger announced that in the meeting of the Committee on Rules just held, the committee, in accordance with rule number seventeen of the Rules of the Senate, had placed consideration of Engrossed House Bill No. 4588 preceding consideration of bills on today's third reading calendar.
     The Senate then resumed business under the eighth order.
     Eng. House Bill No. 4588, Protecting unborn children who are capable of experiencing pain by prohibiting abortion after twenty weeks.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     Senator Prezioso moved the previous question, which motion prevailed.
     The previous question having been ordered, that being on the passage of Engrossed House Bill No. 4588.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, Miller, Nohe, Plymale, Prezioso, Stollings, Sypolt, Tucker, Unger, Walters, Williams, Yost and Kessler (Mr. President)--29.
     The nays were: Facemire, McCabe, Palumbo, Snyder and Wells--5.
     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. 4588) 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 the Judiciary, was reported by the Clerk and adopted:
     Eng. House Bill No. 4588--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2M-1, §16-2M-2, §16-2M-3, §16-2M-4, §16-2M-5 and §16-2M-6, all relating to prohibiting certain abortions; stating legislative findings; defining terms; requiring a calculation of post-fertilization age before an abortion is performed or attempted, except in certain cases; prohibiting abortions when the post-fertilization age of the fetus is twenty weeks or more regardless of whether the fetus has reached the point of viability; creating certain exceptions to that prohibition; requiring a physician performing an abortion of a fetus that has a post- fertilization age of twenty weeks or more to use the process most likely to allow the fetus to survive, with certain exceptions; requiring reporting of all completed abortions and that the reports contain certain information regarding the abortion; requiring an annual public report that provides statistics of the abortions while keeping the identities of the persons involved confidential; creating a misdemeanor offense for a physician who intentionally and recklessly performs or induces an abortion in violation of this article; providing up to $4,000 fine upon conviction; and clarifying that no penalty may be assessed against a patient.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     At the request of Senator Wells, unanimous consent being granted, Senator Wells addressed the Senate regarding the passage of Engrossed House Bill No. 4588.
     Thereafter, at the request of Senator McCabe, and by unanimous consent, the remarks by Senator Wells were ordered printed in the Appendix to the Journal.
     At the request of Senator Cookman, unanimous consent being granted, Senator Cookman addressed the Senate regarding the abuse of children.
     Thereafter, at the request of Senator McCabe, and by unanimous consent, the remarks by Senator Cookman were ordered printed in the Appendix to the Journal.
     At the request of Senator McCabe, unanimous consent being granted, Senator McCabe addressed the Senate regarding Senator Cookman's foregoing remarks.
     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 agreed to 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 House Bill No. 4236, Sexual assault nurse examination network.
     The message further announced the appointment of the following conferees on the part of the House of Delegates:
     Delegates Fleischauer, Skinner and Ellem.
     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 three from each house on the disagreeing votes of the two houses, as to
     Eng. House Bill No. 4619, Authorizing innovation school districts.
     The message further announced the appointment of the following conferees on the part of the House of Delegates:
     Delegates Lawrence, Young and Cooper.
     The Senate again proceeded to the eighth order of business.
     At the request of Senator Wells, and by unanimous consent, his foregoing request that all bills on third reading be read fully and distinctly was withdrawn.
     The Senate then resumed consideration of the remainder of its third reading calendar, the next bill coming up in numerical sequence being
     Eng. Com. Sub. for House Bill No. 2387, Relating to reasonable accommodations under the West Virginia Fair Housing Act for persons with disabilities who need assistive animals.
     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, March 7, 2014, for further amendments to be received on third reading, was reported by the Clerk.
     At the request of Senator Unger, and by unanimous consent, consideration of the bill was deferred until the conclusion of bills on today's third reading calendar.
     Eng. House Bill No. 2477, Permitting certain auxiliary lighting on motorcycles.
     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. 2477) 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. 2606, Permitting the State Rail Authority to set the salary of the executive director.
     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. 2606) 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. 2606) 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. 2757, Private cause of action for the humane destruction of a dog.
     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. 2757) 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. 2757--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-20D-1, §19-20D-2 and §19-20D-3, all relating to the creation of a private cause of action in magistrate court for the purpose of seeking humane destruction of a dog which has attacked a person; providing the elements of the cause of action and contents of the verified petition; allowing attorney fees; providing for limitations of the cause of action; requiring the court to issue a written order; providing for contents of order; requiring proof of euthansia; and requiring dismissal of petition if euthansia not ordered.
     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. 2954, Requiring that members of the Mine Safety Technology Task Force are paid the same compensation as members of the Legislature.
     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. 2954) 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. 2954) 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. 3011, Removing the provision that requires an applicant to meet federal requirements concerning the production, distribution and sale of industrial hemp prior to being licensed.
     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. 3011) 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. 3011--A Bill to amend and reenact §19-12E-5 and §19-12E-9 of the Code of West Virginia, 1931, as amended, all relating to removing the provision that requires an applicant to meet federal requirements concerning the production, distribution and sale of industrial hemp prior to being licensed to grow hemp for industrial purposes in the state or as part of a complete defense to a prosecution for the possession or cultivation of marijuana; and limiting the cultivation of industrial hemp to research conducted by the Commissioner of Agriculture and institutions of higher learning authorized by the commissioner to do so.
     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. 3156, Granting a labor organization a privilege from being compelled to disclose any communication or information the labor organization or agent received or acquired in confidence from an employee.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Palumbo, and by unanimous consent, 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. 2387, already placed in that position.
     Eng. Com. Sub. for House Bill No. 4139, Restricting parental rights of child custody and visitation when the child was conceived as a result of a sexual assault or sexual abuse.
     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. 4139) 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. 4139--A Bill to amend the Code of West Virginia, 1931, as amended by adding thereto a new section, designated §48-9-209a, relating to restricted parental rights of child custodial responsibility and parenting time when a child was conceived as a result of a sexual assault or certain sexual abuse; denying custodial responsibility and parenting time rights to a natural parent convicted of sexual assault when a child is produced as a result of the offense; providing limited exceptions when the biological parents cohabit; creating a rebuttable presumption against the allocation of exclusive or shared custodial responsibility or parenting time to the perpetrator of the offense after cohabitation with the other parent under certain circumstances; requiring the court to find by clear and convincing evidence that custodial responsibility or parenting time by a person convicted of sexual assault or certain sexual abuse is in the best interest of the child, victim, that the victim consents and certain other facts in order to allocate such custodial responsibility or parenting time; and clarifying the natural parent's continuing support obligations.
     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. 4184, Relating to the West Virginia Tourism Development Act.
     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. 4184 pass?"
     Senators Cole and M. Hall, respectively, moved to be excused from voting on any matter pertaining to the bill under rule number forty-three of the Rules of the Senate, which motions prevailed.
     On the passage of the bill, the yeas were: Beach, Cann, Cookman, Edgell, Fitzsimmons, Green, D. Hall, Kirkendoll, Laird, McCabe, Miller, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Yost and Kessler (Mr. President)--22.
     The nays were: Barnes, Blair, Boley, Carmichael, Chafin, Facemire, Jenkins, Nohe, Sypolt and Walters--10.
     Absent: None.
     Excused from voting: Cole and M. Hall--2.
     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. 4184) 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. 4184--A Bill to amend and reenact §5B-2E-3, §5B-2E-4, §5B-2E-5, §5B-2E-7, §5B-2E-7a, §5B-2E-8 and §5B-2E-11 of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new section, designated §5B- 2E-7b, all relating generally to the West Virginia Tourism Development Act; providing, modifying or eliminating certain definitions; removing requirement for engagement of a consulting firm to review proposed projects; imposing application filing fee; providing additional criteria for evaluation of applications; eliminating limitation on total amount of tourism development expansion project tax credits for all approved companies each calendar year; providing increased tax credit amounts for projects located on or adjacent to state and federal recreational property; establishing tax credit for qualified professional services destination facilities under certain circumstances; specifying benefits upon application and review; providing certain limitations on benefits; authorizing rulemaking by the Tax Commissioner; providing for recapture; extending the deadline for project applications; and making technical corrections.
     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 Sypolt, and by unanimous consent, the remarks by Senator Barnes regarding the passage of Engrossed Committee Substitute for House Bill No. 4184 were ordered printed in the Appendix to the Journal.
     Thereafter, at the request of Senator Unger, unanimous consent being granted, the remarks by Senator Miller regarding the passage of Engrossed Committee Substitute for House Bill No. 4184 were ordered printed in the Appendix to the Journal.
     Eng. Com. Sub. for House Bill No. 4204, Relating to the nonrenewal or cancellation of property insurance coverage policies in force for at least four years.
     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. 4204) 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. 4210, Juvenile sentencing reform.
     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. 4210) 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. 4220, Relating to waiver of jury trial in claims arising from consumer transactions.
     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. 4220) 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. 4220--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5C-21, relating to requirements for agreements with nursing homes wherein a person waives their rights to trials by jury on claims arising from the nursing care of a nursing home resident; ensuring the court is not bound to find all or part of the contract enforceable, unenforceable, conscionable or unconscionable; and applying this section to all agreements entered into on or after January 1, 2015.
     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. 4228, Repealing or removing certain portions of education-related statutes that have expired.
     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. 4228) 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. 4228--A Bill to repeal §11-8-16a of the Code of West Virginia, 1931, as amended; to repeal §18-2-17 of said code; to repeal §18-2E-5b and §18-2E-8b of said code; to repeal §18-2G-1, §18-2G-2 and §18-2G-3 of said code; to repeal §18-5-15e and §18-5-38 of said code; to repeal §18-7-1, §18- 7-2 and §18-7-3 of said code; to repeal §18-9A-6b, §18-9A-14a and §18-9A-19 of said code; to repeal §18-9C-1, §18-9C-2, §18-9C-3, §18-9C-4, §18-9C-5, §18-9C-6, §18-9C-7 and §18-9C-8 of said code; to repeal §18A-3-1c and §18A-3-1d of said code; to repeal §18A-4- 10b and §18A-4-14a of said code; to amend and reenact §18-2-5a and §18-2-13 of said code; to amend and reenact §18-2E-7 of said code; to amend and reenact §18-8-1a of said code; and to amend and reenact §18A-2-12 of said code, all relating to repealing or removing certain portions of education-related statutes that are no longer applicable or are expired; repealing the authorization for county boards of education with an excess levy in effect prior to Better Schools Amendment to propose an additional excess levy not exceeding one hundred percent and a period of five years; repealing an expired pilot program for the delivery of leftover foods from schools and penal institutions; repealing expired provisions for review of system of education performance audits; repealing an expired requirement for audit of state board policies; repealing the library media improvement grant program; repealing an expired requirement for study on school equity; repealing an expired provision governing county board meetings; repealing an adult literacy education program financed, in part, by a voluntary state income tax return check-off; repealing the appropriation and allocation, up to $7 million, due to the increase in local share to Teachers Retirement System; repealing the incentive for administrative efficiency in public schools and its associated funding to the county boards of education; repealing a requirement for county boards of education to request funds to which they may be entitled; repealing the Better School Buildings Amendment and associated funding to county boards of education; repealing an expired study on training, certification, licensure and retraining of teachers; repealing a study of alternative certification programs that was required to be submitted to the Legislative Oversight Commission on Education Accountability by December 31, 2013; repealing the requirement to record and distribute exemplary teaching techniques and its associated bonuses to certain teachers; repealing an expired study on daily planning periods; providing that the State Board of Education need only file a single copy of a proposed rule with the legislative oversight commission; removing the requirement that the State Board of Education contract with an independent agency to evaluate the results of character education and biannual reporting; changing the requirement from a school-by- school to a countywide plan for provision of technology and services to students as part of the twenty-first century strategic learning plan; removing the requirement for semiannual reporting on the effect of the increased compulsory attendance age of students and the progress the state and county boards have made in implementing its associated requirements; and clarifying that the written evaluation system for employment performance of personnel must be conducted at least annually on professional personnel and removing related transitional language.
     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. 4237, Prohibiting the sale, distribution and use of electronic cigarettes, vapor products and other alternative nicotine products to persons under the age of eighteen.
     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. 4237) 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 the Judiciary, was reported by the Clerk and adopted:
     Eng. Com. Sub. for House Bill No. 4237--A Bill to amend and reenact §16-9A-2, §16-9A-3, §16-9A-4, §16-9A-7 and §16-9A-8 of the Code of West Virginia, 1931, as amended, all relating to restrictions placed on tobacco products and tobacco-derived products containing nicotine; defining terms; defining vapor products and alternative nicotine products as tobacco-derived products; creating exclusions; limiting the use of and sale of tobacco-derived products to persons under the age of eighteen in the same manner as tobacco; prohibiting the sale or furnishing of tobacco and tobacco-derived products to individuals under eighteen years of age; prohibiting the use and possession of tobacco or tobacco-derived products by an individual under eighteen years of age; allowing employers to dismiss an employee for cause for the knowing or intentional sale or furnishing of tobacco or tobacco- derived to someone under the age of eighteen; allowing for the conduct of unannounced inspections to ensure compliance with sales restrictions; restricting the use of tobacco and tobacco-derived products on school grounds; restricting the sale of tobacco and tobacco-derived products in vending machines; creating misdemeanor offenses and criminal penalties relating to tobacco-derived products that are consistent with tobacco products; creating a defense in certain circumstances; and authorizing continued rule- making authority.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 4286, Captive Cervid Farming 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, Carmichael, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--28.
     The nays were: Cann, Chafin, Cole, Cookman, Kirkendoll and Stollings--6.
     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. 4286) passed.
     The following amendment to the title of the bill, from the Committee on Agriculture and Rural Development, was reported by the Clerk and adopted:
     Eng. House Bill No. 4286--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19- 2H-6, §19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H- 12, §19-2H-13, §19-2H-14 and §19-2H-15; and to amend and reenact §20-1-2 of said code, all relating to regulating captive cervids as an agricultural enterprise; creating the Captive Cervid Farming Act; creating joint regulatory authority between the Department of Agriculture and the Division of Natural Resources; stating legislative purpose and findings; defining terms; authorizing rulemaking; stating duties of commissioner and director; requiring a class one or class two license from the department; requiring a fencing permit from the division; establishing application requirements and fees for biennial license and permit; issuing, renewing and modifying license and permit certificates; providing that sale of farm does not transfer license or permit; inspecting farms; permitting the transition of current farms; providing for noncompliance with article; establishing criminal penalties and civil remedies; and clarifying natural resources definitions.
     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. 4294, Establishing standards for court reporters and entities that provide court reporting 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, Boley, Cann, 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)--31.
     The nays were: Blair, Carmichael and Chafin--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. 4294) 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. 4316, Creating the student data accessability, transparency and accountability act.
     On third reading, coming up in regular order, with the right having been granted on yesterday, Friday, March 7, 2014, for further amendments to be received on third reading, was reported by the Clerk.
     At the request of Senator Sypolt, and by unanimous consent, 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. 3156 already placed in that position.
     Eng. Com. Sub. for House Bill No. 4333, Relating to the redirection of certain Lottery revenues to the State Excess Lottery Revenue Fund.
     On third reading, coming up in regular order, with the unreported Finance committee amendment pending, and with the right having been granted on yesterday, Friday, March 7, 2014, for further amendments to be received on third reading, was reported by the Clerk.
     At the request of Senator Unger, and by unanimous consent, 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. 4316 already placed in that position.
     Eng. Com. Sub. for House Bill No. 4335, Relating to a child's right to nurse.
     On third reading, coming up in regular order, with the right having been granted on yesterday, Friday, March 7, 2014, for further amendments to be received on third reading, was reported by the Clerk.
     There being no further amendments offered,
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4335), as amended on yesterday, Friday, March 7, 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 present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4335) 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. 4339, Ensuring that moneys from the Solid Waste Authority Closure Cost Assistance Fund are available to facilitate the closure of the Elkins-Randolph County Landfill and the Webster County Landfill.
     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. 4339) 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. 4339--A Bill to amend and reenact §22-16-11 and §22-16-12 of the Code of West Virginia, 1931, as amended, all relating to authorizing the expenditures of moneys from the Closure Cost Assistance Fund to facilitate the closure of the Elkins-Randolph County Landfill and the Webster County Landfill; authorizing expenditures of moneys from the Closure Cost Assistance Fund to complete post-closure maintenance and monitoring; and limiting liability of state and Wayne County Economic Development Authority if permit is transferred.
     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. 4339) 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. 4343, West Virginia Project Launchpad Act.
     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. 4343 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. 4343) 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. 4343--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I- 5, §5B-2I-6, §5B-2I-7, §5B-2I-8, §5B-2I-9, §5B-2I-10, §5B-2I-11, §5B-2I-12, §5B-2I-13, §5B-2I-14, §5B-2I-15, §5B-2I-16, §5B-2I-17, §5B-2I-18, §5B-2I-19, §5B-2I-20, §5B-2I-21, §5B-2I-22, §5B-2I-23, §5B-2I-24, §5B-2I-25, §5B-2I-26, §5B-2I-27, §5B-2I-28, §5B-2I-29, §5B-2I-30, §5B-2I-31, §5B-2I-32, §5B-2I-33, §5B-2I-34, §5B-2I-35, §5B-2I-36, §5B-2I-37, §5B-2I-38, §5B-2I-39, §5B-2I-40 and §5B-2I- 41; to amend said code by adding thereto a new article, designated §11-6L-1, §11-6L-2, §11-6L-3, §11-6L-4, §11-6L-5, §11-6L-6 and §11- 6L-7; and to amend said code by adding thereto a new article, designated §11-21A-1, §11-21A-2, §11-21A-3, §11-21A-4, §11-21A-5, §11-21A-6, §11-21A-7, §11-21A-8, §11-21A-9, §11-21A-10, §11-21A-11, §11-21A-12, §11-21A-13, §11-21A-14, §11-21A-15, §11-21A-16, §11- 21A-17 and §11-21A-18, all relating generally to economic development and job creation; creating the West Virginia Project Launchpad Act; providing short title; providing legislative purpose and finding; defining certain terms; providing criteria for establishment of West Virginia project launchpads by Governor; allowing county commissions and county councils to apply for launchpad designations; providing for form and content of applications; specifying process for review of applications and criteria for designating geographic areas as launchpads and for expansion and decertification of launchpads; providing economic benefits for businesses locating or expanding in launchpads including state and local tax relief and other economic benefits; prohibiting qualified businesses in a launchpad from employing illegal aliens, engaging in illegal activity or being delinquent in payment of state and local taxes; permitting transfer of economic benefits to successor businesses; requiring qualified business to comply with applicable zoning laws and state and local building and other codes; providing for recapture of taxes and other economic benefits under specified circumstances; promulgation of rules; imposing civil penalties for noncompliance; providing rules of application and construction; requiring periodic reports to Governor and Legislature; providing for severability and expiration; providing a special method for appraising property in launchpad for economic development; providing short title; defining certain terms; providing method of valuation of launchpad property; providing for initial determination of value by assessor and for protest and appeals; requiring periodic reports to Governor and Legislature and specifying effective dates; creating the Promoting West Virginia Employment Act; providing short title and scope of article; defining certain terms; providing qualification for benefits; specifying benefits upon application and review; specifying annual cap on benefits; providing for recapture of benefits; providing for administration and enforcement of article including issuance of regulations; requiring periodic reports to Governor and Legislature; and specifying effective dates.
     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 McCabe, and by unanimous consent, the remarks by Senator Cann regarding the passage of Engrossed Committee Substitute for House Bill No. 4343 were ordered printed in the Appendix to the Journal.
     Eng. House Bill No. 4346, Establishing separate standards of performance for carbon dioxide emissions.
     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. 4346) 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. 4347, Relating to affirmative defenses against mechanics' liens.
     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. 4347) 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. 4349, Clarifying retirement dependent child scholarship and burial benefits under a Qualified Domestic Relations Order.
     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. 4349) 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. 4360, Relating to consumer credit protection.
     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. 4360) 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. 4360--A Bill to amend and reenact §46A-2-128 of the Code of West Virginia, 1931, as amended, relating to consumer credit protection generally; and including additional conduct that constitutes unfair or unconscionable conduct when collecting or attempting to collect a debt.
     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. 4432, Adopting Principle Based Reserving as the method by which life insurance company reserves are calculated.
     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. 4432) 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. 4480, Relating to investment of the Acid Mine Drainage Fund.
     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. 4480) 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. 4560, Relating to reimbursement for copies of medical records.
     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. 4560) 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. 4601, Relating to fiscal management and regulation of publicly-owned utilities.
     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. 4601) 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. 4601--A Bill to amend and reenact §16-13A- 18a of the Code of West Virginia, 1931, as amended; and to amend and reenact §24-2-4a and §24-2-4b of said code, all relating to fiscal management and regulation of publicly owned utilities; waiving certain cash distribution requirements in the case of a sale between two political subdivisions; eliminating a suspension period for a rate increase established by municipal rate ordinance or enacted by a public service district that increases rates less than twenty-five percent of gross revenues; providing a process to apply for a waiver of the suspension period for rates established by municipal rate ordinance or enacted by a public service district that increases rates by more than twenty-five percent of gross revenues; and providing a refund procedure for proposed municipal or public service district rate increase in certain circumstances.
     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. 4608, Defining dyslexia and dyscalculia.
     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. 4608) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
     On motion of Senator Unger, the Senate recessed until 5:30 p.m. today.
     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 three from each house on the disagreeing votes of the two houses, as to
     Eng. Com. Sub. for House Bill No. 4298, Changing the experience requirements of the composition of the members of the West Virginia Ethics Commission.
     The message further announced the appointment of the following conferees on the part of the House of Delegates:
     Delegates Hunt, Pino and Ellem.
     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. 4208, Banning synthetic hallucinogens.
     On motion of Senator Unger, the Senate refused to recede from its amendments to the bill and requested the appointment of a committee of conference of three 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 Stollings, Cookman and Nohe.
     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 concur in the Senate amendments to, and requested the Senate to recede therefrom, as to
     Eng. Com. Sub. for House Bill No. 4411, Allowing the disposal of drill cuttings and associated drilling waste generated from well sites in commercial solid waste facilities.
     On motion of Senator Unger, the Senate refused to recede from its amendments to the bill and requested the appointment of a committee of conference of three 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 Snyder, Kirkendoll and Blair.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     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 6:35 p.m. today:
     Eng. Com. Sub. for House Bill No. 4236, Sexual assault nurse examination network.
     The Clerk announced the following conference committee report had been filed at 6:36 p.m. today:
     Eng. House Bill No. 4619, Authorizing innovation school districts.
     At the request of Senator Unger, and by unanimous consent, the Senate 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, 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. 6, Regulating sale of drug products used in manufacture of methamphetamine.
     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 clause and inserting in lieu thereof the following:
     That §60A-10-4, §60A-10-6 and §60A-10-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 10. METHAMPHETAMINE LABORATORY ERADICATION ACT.
§60A-10-4. Purchase, receipt, acquisition and possession of substances to be used as precursor to manufacture of methamphetamine or another controlled substance; offenses; exceptions; penalties.
     (a) A pharmacy may not sell, transfer or dispense to the same person, and a person may not purchase more than three and six-tenths grams per day, more than seven and two-tenths grams in a thirty-day period or more than ~~forty-eight~~ twenty-four grams annually of ephedrine, pseudoephedrine or phenylpropanolamine without a prescription. The limits shall apply to the total amount of ephedrine, pseudoephedrine and phenylpropanolamine contained in the products, and not the overall weight of the products unless the product has been determined by the Board of Pharmacy to be in an extraction- or conversion-resistant form: Provided, That a pharmacist, pharmacy intern or pharmacy technician may refuse to dispense a product containing ephedrine, pseudoephedrine or phenylpropanolamine which is not extraction or conversion resistant without a prescription to a person who is not known to the pharmacist, pharmacy intern or pharmacy technician as a regular customer of the pharmacy; or who has not had at least one prescription filled by the pharmacy within the past twelve months.
_____For the purposes of this article, "extraction or conversion resistant" means a product containing ephedrine, pseudoephedrine or phenylpropanolamine that because of its compounding, preparation, mixture or ingredients has been found by the Board of Pharmacy to pose a significantly reduced risk of being used in the manufacture of methamphetamine.
     (1) Any person who or knowingly purchases, receives or otherwise possesses more than seven and two-tenths grams in a thirty-day period of ephedrine, pseudoephedrine or phenylpropanolamine in any form without a prescription is guilty of a misdemeanor and, upon conviction, shall be confined in a jail for not more than one year, fined not more than $1,000, or both fined and confined. within any thirty-day period knowingly purchases, receives or otherwise possesses more than three packages of a drug product containing as its single active ingredient ephedrine, pseudoephedrine or phenylpropanolamine or more than nine grams of ephedrine, pseudoephedrine or phenylpropanolamine in any form shall be guilty of a misdemeanor and, upon conviction, shall be confined in a jail for not more than one year, fined not more than $1,000, or both.
     (2) Any person who knowingly purchases, receives or otherwise possesses ephedrine, pseudoephedrine or phenylpropanolamine in any form with the intent to transfer the substance to someone that the person knows or should know will use the substance to manufacture methamphetamine is guilty of a misdemeanor and, upon conviction, shall be confined in a jail for not more than one year, fined not more than $1,000, or both fined and confined.
_____(3) A person is required to obtain a valid prescription prior to obtaining products containing ephedrine, pseudoephedrine or phenylpropanolamine if that person has been:
_____(A) Convicted of an offense which includes the use, possession or distribution of a drug as an element of the offense; or
_____(B) Convicted of a violation of this section or an equivalent statute in another jurisdiction.
_____(4) Any pharmacy, wholesaler or other entity operating the retail establishment which sells, transfers or dispenses a product in violation of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000 for the first offense, or more than $10,000 for each subsequent offense.
_____(5) Beginning on January 1, 2015, the electronic transmission of the information required to be reported in this subsection of this section on persons who have been convicted of an offense which includes the use, possession or distribution of a drug as an element of the offense; or convicted of a violation of this section, or an equivalent statute in another jurisdiction, shall be reported by the respective clerk of the circuit court where the conviction occurred to the Multi-State Real-Time Tracking System described in section six, article ten, chapter sixty of this code and shall be made in real time at the time of the transaction.
     (b) Notwithstanding the provisions of ~~subdivision (a)(1)~~ subsection (a) of this section, any person convicted of a second or subsequent violation of the provisions of said subdivision or a statute or ordinance of the United States or another state which contains the same essential elements is guilty of a felony and, upon conviction, shall be imprisoned in a state correctional facility for not less than one nor more than five years, fined not more than $25,000, or both imprisoned and fined.
     (c) The provisions of subsection (a) of this section shall not apply to:
     (1) Products dispensed pursuant to a valid prescription;
     (2) Drug products which are for pediatric use primarily intended for administration to children under the age of twelve;
     (3) Drug products containing ephedrine, pseudoephedrine or phenylpropanolamine, their salts or optical isomers or salts of optical isomers or other designated precursor which have been determined by the Board of Pharmacy to be in a form which is not feasible for being used for the manufacture of methamphetamine; or
     (4) Persons lawfully possessing drug products in their capacities as distributors, wholesalers, manufacturers, pharmacists, pharmacy interns, pharmacy technicians or health care professionals.
     (d) Notwithstanding any provision of this code to the contrary, any person who knowingly possesses any amount of ephedrine, pseudoephedrine, phenylpropanolamine or other designated precursor with the intent to use it in the manufacture of methamphetamine, or any person who knowingly compensates, hires or provides other incentives for another person to purchase, obtain or transfer any amount of ephedrine, pseudoephedrine, phenylpropanolamine or other designated precursor with the intent to use it in the manufacture of methamphetamine, or who knowingly possesses a substance containing ephedrine, pseudoephedrine or phenylpropanolamine or their salts, optical isomers or salts of optical isomers in a state or form which is, or has been altered or converted from the state or form in which these chemicals are, or were, commercially distributed is guilty of a felony and, upon conviction, shall be imprisoned in a state correctional facility for not less than two nor more than ten years, fined not more than $25,000, or both imprisoned and fined.
     (e) (1) Any pharmacy, wholesaler, manufacturer or distributor of drug products containing ephedrine, pseudoephedrine, phenylpropanolamine, their salts or optical isomers or salts of optical isomers or other designated precursor shall obtain a registration annually from the State Board of Pharmacy as described in section six of this article. Any such pharmacy, wholesaler, manufacturer or distributor shall keep complete records of all sales and transactions as provided in section eight of this article. The records shall be gathered and maintained pursuant to legislative rule promulgated by the Board of Pharmacy.
     (2) Any drug products possessed without a registration as provided in this section are subject to forfeiture upon conviction for a violation of this section.
     (3) In addition to any administrative penalties provided by law, any violation of this subsection is a misdemeanor, punishable upon conviction by a fine in an amount not more than $10,000.
     (f) (1) Notwithstanding any provision of this code to the contrary, a county commission may adopt an ordinance to provide that a pharmacy, wholesaler or other entity operating a retail establishment in the county may not sell, transfer or dispense ephedrine, pseudoephedrine or phenylpropanolamine without a prescription, unless the product has been determined by the Board of Pharmacy to be in an extraction- or conversion-resistant form: Provided, That the ordinance shall not take effect until thirty days after it has been approved by a referendum on the ordinance pursuant to subdivision (3) of this subsection.
_____(2) The ordinance:
_____(A) Shall provide that the provisions of subdivision (3), subsection (a), section seven, article seven, chapter sixty-one of this code are inapplicable to persons possessing ephedrine, pseudoephedrine or phenylpropanolamine which has been lawfully purchased in the jurisdiction of sale and which is possessed with the intent that it be used in the manner and form intended by the manufacturer;
_____(B) Shall provide that the ordinance does not apply to drug products containing ephedrine, pseudoephedrine or phenylpropanolamine which are for pediatric use primarily intended for administration to children under the age of twelve; and
_____(C) May provide that any person in violation of the ordinance is guilty of a misdemeanor and, upon conviction, may be fined not more than $1,000 for the first offense or more than $10,000 for each subsequent offense.
_____(3) A county commission that adopts an ordinance pursuant to this subsection shall conduct a referendum on the question of the adoption of any ordinance pursuant to this section by entry of an order providing that the ordinance not become effective until it is ratified by a majority of the legal votes cast on the referendum by the qualified voters of the county at any primary, general or special election as the county commission directs.
_____(4) Nothing in this subsection requires a county commission to adopt an ordinance authorized by this subsection.
§60A-10-6. Registration to sell, manufacture or distribute products; rule-making authority.
     The State Board of Pharmacy shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to require that every wholesaler, manufacturer or distributor of any drug product containing as ~~their single~~ an active ingredient ephedrine or pseudoephedrine or a substance identified on the supplemental list provided ~~for~~ in section seven of this article shall obtain a registration and permit issued by the State Board of Pharmacy to sell, distribute or transfer the product containing as their single active ingredient ephedrine, pseudoephedrine or phenylpropanolamine.
§60A-10-7. Restricted products; rule-making authority.
     (a) ~~On or before July 1, 2005, the~~ The Board of Pharmacy shall ~~promulgate~~ propose emergency and legislative rules pursuant to the provision of article three, chapter twenty-nine-a of this code to implement a program wherein the Board of Pharmacy shall consult with the Superintendent of the State Police in identifying drug products which are a designated precursor, in addition to those that contain ephedrine, pseudoephedrine or phenylpropanolamine, that are commonly being used in the production and distribution of methamphetamine. Those drug products which the Superintendent of the State Police ~~have~~ has demonstrated by empirical evidence are commonly used in the manufacture of methamphetamine shall be added to a supplemental list and ~~shall be~~ subject to all of the restrictions of this article. ~~These rules~~ Rules established pursuant to this section shall include:
     (1) A process whereby pharmacies are made aware of all drug products that contain as an active ingredient, ephedrine, pseudoephedrine and phenylpropanolamine that will be listed as a Schedule V substance; ~~and must be sold, transferred or dispensed from behind a pharmacy counter;~~
     (2) A process whereby pharmacies and retail establishments are made aware of additional drug products added to Schedule V that are required to be placed behind the pharmacy counter for sale, transfer or distribution can be periodically reviewed and updated. Wholesale drug distributors licensed by the Board of Pharmacy and registered with, and regulated by, the United States Drug Enforcement Administration are exempt from storage, reporting, record-keeping or physical security control requirements for controlled substances containing pseudoephedrine, ephedrine or phenylpropanolamine.
_____(b) At any time after July 1, 2005, the Board of Pharmacy, upon the recommendation of the Superintendent of the State Police, shall promulgate emergency and legislative rules pursuant to the provision of article three, chapter twenty-nine-a of this code to implement an updated supplemental list of products containing the controlled substances ephedrine, pseudoephedrine or phenylpropanolamine as an active ingredient or any other drug used as a precursor in the manufacture of methamphetamine, which the Superintendent of the State Police has demonstrated by empirical evidence is being used in the manufacture of methamphetamine. This listing process shall comport with the requirements of subsection (a) of this section.
_____(3) A process whereby pharmacies are made aware of all drug products that may be sold, transferred or dispensed over the counter that contain less than eleven percent of ephedrine, pseudoephedrine or phenylpropanolamine that can be used to manufacture methamphetamine.
§60A-10-8. Reporting requirements; confidentiality.
     (a) Until January 1, 2013, upon each sale, retail, transfer or distribution of any drug product referred to in section seven of this article or another designated precursor, the pharmacist, pharmacy intern or pharmacy technician making the sale, transfer or distribution shall report the following information for inclusion in the central repository established and maintained by the Board of Pharmacy:
     (1) The date of the transaction;
     (2) The name, address and driver's license or state-issued identification number of the person; and
     (3) The name, quantity of packages and total gram weight of the product or products purchased, received or otherwise acquired.
     (b) The information required to be reported by this section shall be reported by paper log maintained at the point of sale: Provided, That, beginning on January 1, 2007, reporting shall be by electronic transmission to the Board of Pharmacy no more frequently than once a week. Beginning on January 1, 2013, the electronic transmission of the information required to be reported in subsection (a) of this section shall be reported to the MSRTTS and shall be made in real time at the time of the transaction.
     (c) The information required by this section shall be the property of the state. The information shall be disclosed as appropriate to the federal Drug Enforcement Administration and to state and local law-enforcement agencies. The information shall not be accessed, used or shared for any purpose other than to ensure compliance with this article and federal law. NADDI shall forward state transaction records in the MSRTTS to the West Virginia State Police weekly and provide real-time access to MSRTTS information through the MSRTTS online portal to authorized agents of the federal Drug Enforcement Administration and certified law enforcement in this and other states for use in the detection of violations of this article or of federal laws designed to prevent the illegal use, production or distribution of methamphetamine. Records of clandestine labs found by law-enforcement agencies in West Virginia shall be forwarded by the appropriate law-enforcement agency as soon as is practicable to the National Clandestine Laboratory Register, as maintained by the United States Department of Justice.;
     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. 6--A Bill to amend and reenact §60A-10-4, §60A-10-6 and §60A-10-7 of the Code of West Virginia, 1931, as amended, all relating to the Methamphetamine Lab Eradication Act; reducing the amount of ephedrine, pseudoephedrine or phenylpropanolamine that may be sold, transferred or dispensed without a prescription; creating criminal offenses related to methamphetamine precursors and establishing penalties therefor; requiring persons convicted of criminal offenses involving the use, possession or distribution of illegal drugs to have a valid prescription before ephedrine, pseudoephedrine or phenylpropanolamine may be sold, transferred or dispensed; requiring the reporting of information related to convictions to the Multi-State Real Time Tracking System; creating a new criminal offense for the compensation, hiring or providing of incentives to another person to obtain ephedrine, pseudoephedrine or phenylpropanolamine with the intent to manufacture methamphetamine; removing record-keeping requirements related sales and transaction by pharmacies, wholesalers and manufacturers; amending provisions of Board of Pharmacy's rule-making authority; exempting wholesale drug distributors regulated by the United States Drug Enforcement Administration from storage, reporting, record-keeping and security requirements promulgated by the Board of Pharmacy; and requiring the Board of Pharmacy to implement a process to notifying pharmacies of drug products containing less than eleven percent of ephedrine, pseudoephedrine or phenylpropanolamine that may be sold over the counter.
     On motion of Senator Unger, the Senate refused to concur in the foregoing House amendments to the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 6) 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 amendment by that body, passage as amended, to take effect July 1, 2014, and requested the concurrence of the Senate in the House of Delegates amendment, as to
     Eng. Com. Sub. for Senate Bill No. 306, Budget Bill.
     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 provisions of Engrossed Committee Substitute for House Bill No. 4015.
     On motion of Senator Unger, the Senate refused to concur in the foregoing House amendment to the bill (Eng. Com. Sub. for S. B. No. 306) 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 passage, to take effect from passage, of
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 317, Relating to municipal firearm laws.
     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. 345, Expiring funds from State Fund, General Revenue, and making supplementary appropriations to MAPS.
     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, by striking out everything after the enacting clause and inserting in lieu thereof the following:
That the balance of the funds available for expenditure in the fiscal year ending June 30, 2014, to the Joint Expenses, fund 0175, fiscal year 2006, organization 2300, activity 642, be decreased by expiring the amount of $10,000,000, and to the Joint Expenses, fund 0175, fiscal year 2007, organization 2300, activity 642, be decreased by expiring the amount of $10,000,000, and to the Joint Expenses, fund 0175, fiscal year 2008, organization 2300, activity 642, be decreased by expiring the amount of $2,293,000, and to the Joint Expenses, Joint Expense Lottery Fund, fund 1736, fiscal year 2014, organization 2300, be decreased by expiring the amount of $20,000,000, and to the Joint Expenses, Tax Reduction and Federal Funding Increased Compliance, fund 1732, fiscal year 2014, organization 2300, be decreased by expiring the amount of $5,707,000, and to the Attorney General, Consumer Protection Fund, fund 1509, fiscal year 2014, organization 1500, be decreased by expiring the amount of $12,000,000, and to the Department of Revenue, Insurance Commissioner, Insurance Commission Fund, fund 7152, fiscal year 2014, organization 0704, be decreased by expiring the amount of $10,000,000, all to the unappropriated balance of the State Fund, General Revenue, to be available during the fiscal year ending June 30, 2014.
And, That the total appropriation for the fiscal year ending June 30, 2014, to fund 0570, fiscal year 2014, organization 0621, be supplemented and amended by decreasing existing items of appropriation as follows:
TITLE II - APPROPRIATIONS.
Section 1. Appropriations from general revenue.
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
78-Division of Juvenile Services
(WV Code Chapter 49)
Fund 0570 FY 2014 Org 0621
                                                                General
                                                      Act-        Revenue
                                                     ivity        Fund
3Robert L. Shell Juvenile Center                  267$        50,653
10Kenneth Honey Rubenstein
11 Juvenile Center (R)                            980        106,445
  And, That the total appropriation for the fiscal year ending June 30, 2014, to fund 0450, fiscal year 2014, organization 0608, be supplemented and amended by adding a new item of appropriation as follows:
TITLE II - APPROPRIATIONS.
Section 1. Appropriations from general revenue.
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
74-Division of Corrections -
Correctional Units
(WV Code Chapters 25, 28, 49 and 62)
Fund 0450 FY 2014 Org 0608
                                                                General
                                                      Act-        Revenue
                                                     ivity        Fund
18aInvestigative Services                           716$        157,098
The purpose of this supplemental appropriation bill is to supplement, amend, decrease, add a new item and expire items of appropriation in the aforesaid accounts for the designated spending units for expenditure during the fiscal year 2014.
;
  And,
  By striking out the title and substituting therefor a new title, to read as follows:
  Eng. Com. Sub. for Senate Bill No. 345--A Bill expiring funds to the unappropriated balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2014, in the amount of $10,000,000 from the Joint Expenses, fund 0175, fiscal year 2006, organization 2300, activity 642, in the amount of $10,000,000 from the Joint Expenses, fund 0175, fiscal year 2007, organization 2300, activity 642, in the amount of $2,293,000 from the Joint Expenses, fund 0175, fiscal year 2008, activity 642, in the amount of $20,000,000 from Joint Expenses, Joint Expense Lottery Fund, fund 1736, fiscal year 2014, organization 2300, in the amount of $5,707,000 from Joint Expenses, Tax Reduction and Federal Funding Increased Compliance, fund 1732, fiscal year 2014, organization 2300, in the amount of $12,000,000 from the Attorney General, Consumer Protection Fund, fund 1509, fiscal year 2014, organization 1500, and in the amount of $10,000,000 from the Department of Revenue, Insurance Commissioner, Insurance Commission Fund, fund 7152, fiscal year 2014, organization 0704, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the Department of Military Affairs and Public Safety, Division of Corrections - Correctional Units, and to the Department of Military Affairs and Public Safety, Division of Juvenile Services, by supplementing and amending the appropriations for the fiscal year ending June 30, 2014.
  On motion of Senator Unger, the Senate refused to concur in the foregoing House amendments to the bill (Eng. Com. Sub. for S. B. No. 345) 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. 50, Requesting DOH name portion of State Rt. 20, Hinton, Summers County, "USMC Sgt. Mecot E. Camara 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. 52, Requesting DOH place signage along highways entering WV honoring fallen veterans and Gold Star Families.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
  Senate Concurrent Resolution No. 60, Requesting DOH name section of Rt. 1 in Marion County "USAF Sergeant Jerome E. Kiger Memorial Road".
  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. 3108, Relating to criminal background checks on applicants for employment by nursing homes.
  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. 4006, Relating to the possession and distribution of child pornography.
  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. 4147, Relating to emergency preparedness.
  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. 4156, Electronic Toll Collection Act.
  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 three from each house on the disagreeing votes of the two houses, as to
  Eng. Com. Sub. for House Bill No. 4208, Banning synthetic hallucinogens.
  The message further announced the appointment of the following conferees on the part of the House of Delegates:
  Delegates Perdue, Poore and Ellington.
  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. 4217, Relating to Medicaid reports to the Legislature.
  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. 4256, Amending the annual salary schedule for members of the state police.
  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. 4268, Relating to the administration of veterans' assistance.
  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. 4278, Rewriting the procedure by which corporations may obtain authorization from the West Virginia Board of Medicine to practice medicine and surgery.
  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. 4312, Creating a certification for emergency medical technician-industrial.
  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, to take effect from passage, of
  Eng. Com. Sub. for House Bill No. 4318, Continuing education of veterans mental health.
  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. 4410, Redefining auctioneer exceptions.
  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. 4473, Relating to establishing voting precincts and changing the composition of standard receiving boards.
  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. 4549, Clarifying the regulation of nonintoxicating beer brewers and distributors, agreements, networks, products, brands and extensions of a line of brands.
  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. 4552, Relating to the court of claims.
  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
  Com. Sub. for House Concurrent Resolution No. 17, The "Captain Isaac Alt West Virginia Militia 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 adoption, as amended, of
  Com. Sub. for House Concurrent Resolution No. 28, William S. (Bill) Croaff 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 adoption, as amended, of
  Com. Sub. for House Concurrent Resolution No. 34, Marine Private Rudy Varney Bridge - Purple Heart Recipient.
  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. 49, Army PFC Lilborn Dillon Memorial Road.
  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. 59, Urging the Governor to direct the Bureau of Senior Services to issue a report on the needs for in-home care.
  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. 60, Lester W. "Cappy" Burnside, Jr. Bridge.
  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
  Com. Sub. for House Concurrent Resolution No. 64, SSG Earl F. (Fred) Brown 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 adoption, as amended, of
  Com. Sub. for House Concurrent Resolution No. 65, Army SP4 Harold "Skip" Grouser 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 adoption, as amended, of
  Com. Sub. for House Concurrent Resolution No. 66, Quentin H. Wickline 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 adoption, as amended, of
  Com. Sub. for House Concurrent Resolution No. 71, Army Private William C. Bias 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 adoption, as amended, of
  House Concurrent Resolution No. 105, Urging Congress to pass the Safe Freight Act.
  On motion of Senator Unger, the Senate recessed until 7:15 p.m. tonight.
Night Session
  Upon expiration of the recess, the Senate reconvened and again proceeded to the fifth order of business.
Filed Conference Committee Reports
  The Clerk announced the following conference committee report had been filed at 7:56 p.m. tonight:
  Eng. Com. Sub. for Senate Bill No. 477, Providing teachers determine use of time during planning period.
  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 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 Com. Sub. for Senate Bill No. 6, Regulating sale of drug products used in manufacture of methamphetamine.
  The message further announced the appointment of the following conferees on the part of the House of Delegates:
  Delegates Manchin, Perdue 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 Tucker, Kirkendoll and Nohe.
  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. 344, Expiring funds from State Fund, General Revenue, and making supplemental appropriations to various agencies.
  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 eleven, in the first Whereas clause, by striking out the word "Governor" and inserting in lieu thereof the word "Legislature";
  On page eleven, in the first Whereas clause, after the words "balances in the" by inserting the words "Joint Expenses, fund 0175, fiscal year 2008, organization 2300, activity 642,";
  On page eighteen, in the Preamble, after the words "ending June 30, 2014," by inserting the words "in the Joint Expenses, fund 0175, fiscal year 2008, organization 2300, activity 642, be decreased by expiring the amount of $7,000,000, and";
  On page twenty-five, in the Preamble, by striking out "$1,250,000" and inserting in lieu thereof "$2,250,000";
  On page twenty-eight, after line ten, by inserting the following:
  And, That the total appropriation for the fiscal year ending June 30, 2014, to fund 0265, fiscal year 2014, organization 0310, be supplemented and amended by adding a new item of appropriation as follows:
TITLE II -- APPROPRIATIONS.
Section 1. Appropriations from general revenue.
DEPARTMENT OF COMMERCE
39-Division of Natural Resources -
(WV Code Chapter 20)
Fund 0265 FY 2014 Org 0310
                                                                General
                                                      Act-        Revenue
                                                     ivity        Fund
11a  State Park Improvements -
     Surplus (R)                                  763$    1,000,000
  Any unexpended balance remaining in the appropriation for State Park Improvements - Surplus (fund 0265, activity 763) at the close of fiscal year 2014 is hereby reappropriated for expenditure during the fiscal year 2015.;
  On page thirty-three, after line one hundred twelve, by inserting the following:
  And, That the total appropriation for the fiscal year ending June 30, 2014, to fund 0420, fiscal year 2014, organization 0508, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II -- APPROPRIATIONS.
Section 1. Appropriations from general revenue.
BUREAU OF SENIOR SERVICES
91-Bureau of Senior Services -
(WV Code Chapter 29)
Fund 0420 FY 2014 Org 0508
                                                                General
                                                      Act-        Revenue
                                                     ivity        Fund
1 Transfer to Division of Human
2Services for Health Care and
3Title XIX Waiver for
4Senior Citizens - Surplus (R)                    762$        7,000,000
  Any unexpended balance remaining in the appropriation for Transfer to Division of Human Services for Health Care and Title XIX Waiver for Senior Citizens - Surplus (fund 0420, activity 762) at the close of fiscal year 2014 is hereby reappropriated for expenditure during the fiscal year 2015.;
  And,
  By striking out the title and substituting therefor a new title, to read as follows:
  Eng. Com. Sub. for Senate Bill No. 344--A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2014, in the amount of $7,000,000 from the Joint Expenses, fund 0175, fiscal year 2008, organization 2300, activity 642, in the amount of $409,167.60 from the Department of Commerce, Division of Tourism, fund 0246, fiscal year 2005, organization 0304, activity 859, and in the amount of $261,246.01 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 075, and in the amount of $5,999.39 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2000, organization 0307, activity 131, and in the amount of $58,527.20 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2001, organization 0307, activity 131, and in the amount of $154,061.74 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 131, and in the amount of $257,617.06 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 131, and in the amount of $209,609.04 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 131, and in the amount of $145,560.18 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 131, and in the amount of $131,792.70 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 131, and in the amount of $198,809.53 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 266, and in the amount of $65,804.47 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 266, and in the amount of $26,183.53 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 266, and in the amount of $250,000 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 266, and in the amount of $11,758.05 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2001, organization 0307, activity 480, and in the amount of $62,039.15 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 480, and in the amount of $25,265 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 480, and in the amount of $124,338.34 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 480, and in the amount of $123,100 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 480, and in the amount of $140,830.80 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 480, and in the amount of $47,113.16 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2001, organization 0307, activity 819, and in the amount of $223,665.85 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 819, and in the amount of $44,007.60 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 819, and in the amount of $123,230.47 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 819, and in the amount of $742,930.92 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 819, and in the amount of $539,290.37 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 819, and $334,180.67 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 900, and in the amount of $650,000 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2011, organization 0307, activity 941, and in the amount of $461.83 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2002, organization 0506, activity 803, and in the amount of $10,489.51 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2003, organization 0506, activity 803, and in the amount of $8,056.23 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2004, organization 0506, activity 803, and in the amount of $13,718.82 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2005, organization 0506, activity 803, and in the amount of $0.70 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2006, organization 0506, activity 803, and in the amount of $24,307.51 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2007, organization 0506, activity 803, and in the amount of $6,600.22 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2008, organization 0506, activity 803, and in the amount of $76,423.45 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2009, organization 0506, activity 803, and in the amount of $211,730.74 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2010, organization 0506, activity 803, and in the amount of $150,334.97 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2011, organization 0506, activity 803, and in the amount of $136,909.29 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2012, organization 0506, activity 803, and in the amount of $1,974.51 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2013, organization 0506, activity 803, and in the amount of $15,640.96 from the Department of Military Affairs and Public Safety, Office of the Secretary, fund 0430, fiscal year 2009, organization 0601, activity 953, and in the amount of $240,051.69 from the Department of Military Affairs and Public Safety, Office of the Secretary, fund 0430, fiscal year 2010, organization 0601, activity 953, and in the amount of $215,075.18 from the Department of Military Affairs and Public Safety, Office of the Secretary, fund 0430, fiscal year 2011, organization 0601, activity 953, and in the amount of $871,905.27 from the Department of Military Affairs and Public Safety, Division of Juvenile Services, fund 0570, fiscal year 2012, organization 0621, activity 818, and in the amount of $870,992.77 from the Department of Military Affairs and Public Safety, Division of Juvenile Services, fund 0570, fiscal year 2013, organization 0621, activity 818, and in the amount of $2,250,000 from the Auditor's Office, Purchasing Card Administration Fund, fund 1234, fiscal year 2014, organization 1200, and in the amount of $3,000,000 from the Secretary of State, General Administrative Fees Account, fund 1617, fiscal year 2014, organization 1600, and in the amount of $200,000 from the Department of Administration, Office of the Secretary, State Employee Sick Leave Fund, fund 2045, fiscal year 2014, organization 0201, and in the amount of $200,000 from the Department of Administration, Division of General Services, Capitol Complex Parking Garage Fund, fund 2461, fiscal year 2014, organization 0211, and in the amount of $4,737,257 from the Department of Administration, Board of Risk and Insurance Management, Premium Tax Savings Fund, fund 2367, fiscal year 2014, organization 0218, and in the amount of $500,000 from the Department of Administration, Surplus Property, Sale of State Surplus Property Fund, fund 2281, fiscal year 2014, organization 0214, and in the amount of $500,000 from the Department of Administration, Division of Purchasing, Purchasing Improvement Fund, fund 2264, fiscal year 2014, organization 0213, and in the amount of $2,000,000 from the Department of Administration, Division of Personnel, Division of Personnel Fund, fund 2440, fiscal year 2014, organization 0222, and in the amount of $45,607.91 from the Department of Military Affairs and Public Safety, Office of the Secretary, Secretary of Military Affairs and Public Safety Lottery Fund, fund 6005, fiscal year 2014, organization 0601, and in the amount of $200,000 from the Department of Revenue, Division of Financial Institutions, Assessment and Examination Fund, fund 3041, fiscal year 2014, organization 0303, and in the amount of $724,487.42 from the Department of Revenue, Lottery Commission, Revenue Center Construction Fund, fund 7209, fiscal year 2014, organization 0705, and in the amount of $7,500,000 from the Department of Revenue, Lottery Commission, Operating and Expense Fund, fund 7200, fiscal year 2014, organization 0705, and in the amount of $2,008,911.50 from the Department of Revenue, Racing Commission, Administration, Promotion, Education, Capital Improvement and Greyhound Adoption Programs to include Spaying and Neutering Account, fund 7307, fiscal year 2014, organization 0707, 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 Department of Administration, Public Defender Services, fund 0226, fiscal year 2014, organization 0221, to the Department of Commerce, Division of Natural Resources, fund 0265, fiscal year 2014, organization 0310, to the Department of Health and Human Resources, Division of Health, Central Office, fund 0407, fiscal year 2014, organization 0506, to the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2014, organization 0506, to the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2014, organization 0511, to the Department of Military Affairs and Public Safety, West Virginia Parole Board, fund 0440, fiscal year 2014, organization 0605, to the Department of Military Affairs and Public Safety, Division of Corrections - Correctional Units, fund 0450, fiscal year 2014, organization 0608, to the Bureau of Senior Services, fund 0420, fiscal year 2014, organization 0508, and to the Higher Education Policy Commission, Administration - Control Account, fund 0589, fiscal year 2014, organization 0441, by supplementing and amending the appropriations for the fiscal year ending June 30, 2014.
  On motion of Senator Prezioso, the following amendments to the House of Delegates amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
  On page eleven, in the first Whereas, after the words "account balances in the" by striking out the words "Joint Expenses, fund 0175, fiscal year 2008, organization 2300, activity 642,";
  On page eighteen, after the enacting clause after the words "fiscal year ending June 30, 2014," by striking out the words "in the Joint Expenses, fund 0175, fiscal year 2008, organization 2300, activity 642, be decreased by expiring the amount of $7,000,000, and";
  On page thirty-three, after line one hundred twelve, by striking out the following:
  And, That the total appropriation for the fiscal year ending June 30, 2014, to fund 0420, fiscal year 2014, organization 0508, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II -- APPROPRIATIONS.
Section 1. Appropriations from general revenue.
BUREAU OF SENIOR SERVICES
91-Bureau of Senior Services -
(WV Code Chapter 29)
Fund 0420 FY 2014 Org 0508
                                                                General
                                                      Act-        Revenue
                                                     ivity        Fund
1         Transfer to Division of Human
2 Services for Health Care and
3 Title XIX Waiver for
4 Senior Citizens - Surplus (R)           762$        7,000,000
     Any unexpended balance remaining in the appropriation for Transfer to Division of Human Services for Health Care and Title XIX Waiver for Senior Citizens - Surplus (fund 0420, activity 762) at the close of fiscal year 2014 is hereby reappropriated for expenditure during the fiscal year 2015.;
     And,
     By striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for Senate Bill No. 344--A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2014, in the amount of $409,167.60 from the Department of Commerce, Division of Tourism, fund 0246, fiscal year 2005, organization 0304, activity 859, and in the amount of $261,246.01 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 075, and in the amount of $5,999.39 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2000, organization 0307, activity 131, and in the amount of $58,527.20 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2001, organization 0307, activity 131, and in the amount of $154,061.74 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 131, and in the amount of $257,617.06 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 131, and in the amount of $209,609.04 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 131, and in the amount of $145,560.18 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 131, and in the amount of $131,792.70 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 131, and in the amount of $198,809.53 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 266, and in the amount of $65,804.47 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 266, and in the amount of $26,183.53 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 266, and in the amount of $250,000 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 266, and in the amount of $11,758.05 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2001, organization 0307, activity 480, and in the amount of $62,039.15 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 480, and in the amount of $25,265 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 480, and in the amount of $124,338.34 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 480, and in the amount of $123,100 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 480, and in the amount of $140,830.80 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 480, and in the amount of $47,113.16 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2001, organization 0307, activity 819, and in the amount of $223,665.85 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 819, and in the amount of $44,007.60 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 819, and in the amount of $123,230.47 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 819, and in the amount of $742,930.92 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 819, and in the amount of $539,290.37 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 819, and $334,180.67 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 900, and in the amount of $650,000 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2011, organization 0307, activity 941, and in the amount of $461.83 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2002, organization 0506, activity 803, and in the amount of $10,489.51 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2003, organization 0506, activity 803, and in the amount of $8,056.23 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2004, organization 0506, activity 803, and in the amount of $13,718.82 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2005, organization 0506, activity 803, and in the amount of $0.70 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2006, organization 0506, activity 803, and in the amount of $24,307.51 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2007, organization 0506, activity 803, and in the amount of $6,600.22 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2008, organization 0506, activity 803, and in the amount of $76,423.45 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2009, organization 0506, activity 803, and in the amount of $211,730.74 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2010, organization 0506, activity 803, and in the amount of $150,334.97 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2011, organization 0506, activity 803, and in the amount of $136,909.29 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2012, organization 0506, activity 803, and in the amount of $1,974.51 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2013, organization 0506, activity 803, and in the amount of $15,640.96 from the Department of Military Affairs and Public Safety, Office of the Secretary, fund 0430, fiscal year 2009, organization 0601, activity 953, and in the amount of $240,051.69 from the Department of Military Affairs and Public Safety, Office of the Secretary, fund 0430, fiscal year 2010, organization 0601, activity 953, and in the amount of $215,075.18 from the Department of Military Affairs and Public Safety, Office of the Secretary, fund 0430, fiscal year 2011, organization 0601, activity 953, and in the amount of $871,905.27 from the Department of Military Affairs and Public Safety, Division of Juvenile Services, fund 0570, fiscal year 2012, organization 0621, activity 818, and in the amount of $870,992.77 from the Department of Military Affairs and Public Safety, Division of Juvenile Services, fund 0570, fiscal year 2013, organization 0621, activity 818, and in the amount of $2,250,000 from the Auditor's Office, Purchasing Card Administration Fund, fund 1234, fiscal year 2014, organization 1200, and in the amount of $3,000,000 from the Secretary of State, General Administrative Fees Account, fund 1617, fiscal year 2014, organization 1600, and in the amount of $200,000 from the Department of Administration, Office of the Secretary, State Employee Sick Leave Fund, fund 2045, fiscal year 2014, organization 0201, and in the amount of $200,000 from the Department of Administration, Division of General Services, Capitol Complex Parking Garage Fund, fund 2461, fiscal year 2014, organization 0211, and in the amount of $4,737,257 from the Department of Administration, Board of Risk and Insurance Management, Premium Tax Savings Fund, fund 2367, fiscal year 2014, organization 0218, and in the amount of $500,000 from the Department of Administration, Surplus Property, Sale of State Surplus Property Fund, fund 2281, fiscal year 2014, organization 0214, and in the amount of $500,000 from the Department of Administration, Division of Purchasing, Purchasing Improvement Fund, fund 2264, fiscal year 2014, organization 0213, and in the amount of $2,000,000 from the Department of Administration, Division of Personnel, Division of Personnel Fund, fund 2440, fiscal year 2014, organization 0222, and in the amount of $45,607.91 from the Department of Military Affairs and Public Safety, Office of the Secretary, Secretary of Military Affairs and Public Safety Lottery Fund, fund 6005, fiscal year 2014, organization 0601, and in the amount of $200,000 from the Department of Revenue, Division of Financial Institutions, Assessment and Examination Fund, fund 3041, fiscal year 2014, organization 0303, and in the amount of $724,487.42 from the Department of Revenue, Lottery Commission, Revenue Center Construction Fund, fund 7209, fiscal year 2014, organization 0705, and in the amount of $7,500,000 from the Department of Revenue, Lottery Commission, Operating and Expense Fund, fund 7200, fiscal year 2014, organization 0705, and in the amount of $2,008,911.50 from the Department of Revenue, Racing Commission, Administration, Promotion, Education, Capital Improvement and Greyhound Adoption Programs to include Spaying and Neutering Account, fund 7307, fiscal year 2014, organization 0707, 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 Department of Administration, Public Defender Services, fund 0226, fiscal year 2014, organization 0221, to the Department of Commerce, Division of Natural Resources, fund 0265, fiscal year 2014, organization 0310, to the Department of Health and Human Resources, Division of Health, Central Office, fund 0407, fiscal year 2014, organization 0506, to the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2014, organization 0506, to the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2014, organization 0511, to the Department of Military Affairs and Public Safety, West Virginia Parole Board, fund 0440, fiscal year 2014, organization 0605, to the Department of Military Affairs and Public Safety, Division of Corrections - Correctional Units, fund 0450, fiscal year 2014, organization 0608, and to the Higher Education Policy Commission, Administration - Control Account, fund 0589, fiscal year 2014, organization 0441, by supplementing and amending the appropriations for the fiscal year ending June 30, 2014.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendments, as amended.
     Engrossed Committee Substitute for Senate Bill No. 344, 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 S. B. No. 344) passed with its Senate 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. 344) 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 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. 419, Creating Overdose Prevention 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 46. OVERDOSE PREVENTION ACT.
§16-46-1. Legislative findings.
     The Legislature finds that good samaritan policies encourage citizens to seek potentially life-saving medical assistance for themselves or others without worry of disciplinary or punitive action in cases of overdose by alcohol.
§16-46-2. Definitions.
     As used in this article:
     (1) "Overdose" means an acute condition including, but not limited to, physical illness, coma, mania, hysteria or death, which is caused, in whole or part, by the consumption or use of alcohol.
     (2) "Medical assistance" means the professional services provided to a person experiencing an overdose by a health care professional licensed, registered or certified under chapter thirty of this code or this chapter, acting within his or her lawful scope of practice.
§16-46-3. Medical amnesty.
     (a) A person who, in good faith and in a timely manner, seeks medical assistance for someone or for himself or herself who appears to be experiencing an overdose and complies with subsection (b) of this section may not be cited, arrested or prosecuted for a violation of section nine, article six, chapter sixty of this code.
     (b) A person described in subsection (a) of this section, if physically capable, shall:
     (1) Provide his or her own full name if requested by emergency medical assistance personnel;
     (2) Provide any other relevant information requested by the emergency medical assistance personnel that is known to such person;
     (3) Remain with the individual who reasonably appears to be in need of medical assistance due to an overdose until professional emergency medical assistance is provided; and
     (4) Cooperates with emergency medical assistance personnel and law-enforcement officers.
     (c) A person who acts pursuant to subsection (a) of this section, and who otherwise qualifies for amnesty under said subsection, may not be subject to any sanction for a violation of a condition of pretrial release, probation, furlough or parole.
     (d) A person to whom amnesty is granted pursuant to subsection (a) of this section is thereafter barred from asserting such amnesty with regard to subsequent actual or apparent overdose incidents.
     (e) The act of seeking medical assistance for or by someone who appears to be experiencing an overdose shall be considered a mitigating circumstance at sentencing for any other offense.
     (f) The amnesty provisions of this section apply only to the use and derivative use of evidence gained as a proximate result of the person's seeking medical assistance for an overdose and do not preclude prosecution of the person on the basis of evidence obtained from an independent source.
     (g) Except in cases of reckless or intentional misconduct, law enforcement is immune from liability for citing or arresting a person who is later determined to qualify for amnesty under this section.
     (h) No provision of this section shall operate to bar prosecution or exclude evidence found in plain view by law enforcement when such prosecution and evidence pertains to use or possession of controlled substances, drug paraphernalia or related items.;
     And,
     By striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for Senate Bill No. 419--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-46-1, §16-46-2 and §16-46-3, all relating to creating the Overdose Prevention Act; stating legislative findings; defining terms; providing amnesty for certain alcohol- related misdemeanor offenses; providing conditions giving rise to amnesty and the limitations thereon; and providing exceptions.
     On motion of Senator Unger, the Senate refused to concur in the foregoing House amendments to the bill (Eng. Com. Sub. for S. B. No. 419) 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 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. 623, Requiring notification of certain substance abuse screening of mine personnel.
     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 1A. OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING; ADMINISTRATION; SUBSTANCE ABUSE.
§22A-1A-1. Substance abuse screening; minimum requirements; standards and procedures for screening.
     (a) Every employer of certified persons, as defined in section two, article one of this chapter, shall implement a substance abuse screening policy and program that shall, at a minimum, include:
     (1) A preemployment, ten-panel urine test for the following and any other substances as set out in rules adopted by the Office of Miners' Health, Safety and Training:
     (A) Amphetamines;
     (B) Cannabinoids/THC;
     (C) Cocaine;
     (D) Opiates;
     (E) Phencyclidine (PCP);
     (F) Benzodiazepines;
     (G) Propoxyphene;
     (H) Methadone;
     (I) Barbiturates; and
     (J) Synthetic narcotics.
     Split samples shall be collected by providers who are certified as complying with standards and procedures set out in the United States Department of Transportation's rule, 49 CFR Part 40, which may be amended, from time to time, by legislative rule of the Office of Miners' Health, Safety and Training. Collected samples shall be tested by laboratories certified by the United States Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA) for collection and testing. Notwithstanding the provisions of this subdivision, the mine operator may implement a more stringent substance abuse screening policy and program;
     (2) A random substance abuse testing program covering the substances referenced in subdivision (1) of this subsection. "Random testing" means that each person subject to testing has a statistically equal chance of being selected for testing at random and at unscheduled times. The selection of persons for random testing shall be made by a scientifically valid method, such as a random number table or a computer-based random number generator that is matched with the persons' social security numbers, payroll identification numbers or other comparable identifying numbers; and
     (3) Review of the substance abuse screening program with all persons required to be tested at the time of employment, upon a change in the program and annually thereafter.
     (b) For purposes of this subsection, preemployment testing shall be required upon hiring by a new employer, rehiring by a former employer following a termination of the employer/employee relationship or transferring to a West Virginia mine from an employer's out-of-state mine to the extent that any substance abuse test required by the employer in the other jurisdiction does not comply with the minimum standards for substance abuse testing required by this article. Furthermore, the provisions of this section apply to all employers that employ certified persons who work in mines, regardless of whether that employer is an operator, contractor, subcontractor or otherwise.
     (c) The employer or his or her agent shall notify the director at least quarterly, on a form prescribed by the director, of the number of preemployment substance abuse screening tests administered during the prior calendar quarter and the number of positive test results associated with the substance abuse screening tests administered.
     (d) The employer or his or her agent shall notify the director, on a form prescribed by the director, within seven days following completion of an arbitration conducted pursuant to a collective bargaining agreement applicable to the certified person, if any, of discharging a certified person for violation of the employer's substance abuse screening policy and program. The notification shall be accompanied by a record of the test showing positive results or other violation.
     (1) Every employer shall notify the director, on a form prescribed by the director, within seven (7) days of any of the following:
_____(A) A positive drug or alcohol test of a certified person, whether it be a preemployment test, random test, reasonable suspicion test or post-accident test;
_____(B) The refusal of a certified person to submit a sample;
_____(C) A certified person possessing a substituted sample or an adulterated sample; or
_____(D) A certified person submitting a substituted sample or an adulterated sample.
_____(2) With respect to any certified person subject to a collective bargaining agreement, the employer shall notify the director, on a form prescribed by the director, within seven (7) days of any of the following: Provided, That notification pursuant to this subdivision shall not result in the immediate temporary suspension, suspension or revocation of any certificate held by a certified person who is subject to a collective bargaining agreement unless and until the arbitration is concluded and the discharge is upheld:
_____(A) A positive drug or alcohol test of a certified person, whether it be a preemployment test, random test, reasonable suspicion test or post-accident test;
_____(B) The refusal of a certified person to submit a sample;
_____(C) A certified person possessing a substituted sample or an adulterated sample; or
_____(D) A certified person submitting a substituted sample or an adulterated sample.
_____(3) When the employer submits the completed notification form prescribed by the director, the employer shall also submit a copy of the laboratory test results showing the substances tested for and the results of the test.
_____(4) Notice shall result in the immediate temporary suspension of all certificates held by the certified person who failed the screening, pending a hearing before the board of appeals pursuant to section two of this article: Provided, That notification pursuant to this subsection shall not result in the immediate temporary suspension of any certificate held by a certified person who is subject to a collective bargaining agreement unless and until the arbitration is concluded and the discharge is upheld, and no certificate held by a certified person who is subject to a collective bargaining agreement shall be suspended or revoked unless the discharge is upheld in arbitration.
_____~~(e)~~ (d) Suspension or revocation of a certified person's certificate as a miner or other miner specialty in another jurisdiction by the applicable regulatory or licensing authority for substance abuse-related matters shall result in the director immediately and temporarily suspending the certified person's West Virginia certificate until such time as the certified person's certification is reinstated in the other jurisdiction.
     ~~(f)~~ (e) The provisions of this article shall not be construed to preclude an employer from developing or maintaining a drug and alcohol abuse policy, testing program or substance abuse program that exceeds the minimum requirements set forth in this section. The provisions of this article shall also not be construed to require an employer to alter, amend, revise or otherwise change, in any respect, a previously established substance abuse screening policy and program that meets or exceeds the minimum requirements set forth in this section. The provisions of this article shall require an employer to subject its employees who as part of their employment are regularly present at a mine and who are employed in a safety-sensitive position to preemployment and random substance abuse tests: Provided, That each employer shall retain the discretion to establish the parameters of its substance abuse screening policy and program so long as it meets the minimum requirements of this article. For purposes of this section, a "safety-sensitive position" means an employment position where the employee's job responsibilities include duties and activities that involve the personal safety of the employee or others working at a mine.
     On motion of Senator Kirkendoll, the following amendment to the House of Delegates amendment to the bill was reported by the Clerk and adopted:
     On page five, section one, subsection (c), subdivision (4), after the words "upheld in arbitration", by changing the period to a colon and inserting the following proviso: Provided, however, That if the certified person terminates his or her employment or voluntarily removes himself or herself from the grievance or arbitration procedure, the certified person may be immediately temporarily decertified pursuant to this article.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendment, as amended.
     Engrossed Committee Substitute for Senate Bill No. 623, 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 S. B. No. 623) 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. 623) takes effect from passage.
     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 fifth order of business.
Filed Conference Committee Reports
     The Clerk announced the following conference committee report had been filed at 8:09 p.m. tonight:
     Eng. Com. Sub. for House Bill No. 4208, Banning synthetic hallucinogens.
     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 agreed to 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 House Bill No. 4411, Allowing the disposal of drill cuttings and associated drilling waste generated from well sites in commercial solid waste facilities.
     The message further announced the appointment of the following conferees on the part of the House of Delegates:
     Delegates Fleischauer, Ferro and Ireland.
     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. House Bill No. 4286, Captive Cervid Farming Act.
     On motion of Senator Unger, the Senate refused to recede from its amendments to the bill and requested the appointment of a committee of conference of three 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 Williams, D. Hall and Sypolt.
     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 8:45 p.m. tonight.
     Upon expiration of the recess, the Senate reconvened and again proceeded to the fifth order of business.
Filed Conference Committee Reports
     The Clerk announced the following conference committee report had been filed at 8:46 p.m. tonight:
     Eng. Com. Sub. for House Bill No. 4298, Changing the experience requirements of the composition of the members of the West Virginia Ethics Commission.
     On motion of Senator Unger, the Senate recessed for five minutes for the purpose of holding a meeting of the Committee on Rules at the rostrum.
     Upon expiration of the recess, the Senate reconvened and resumed business under the fifth order.
Filed Conference Committee Reports
     The Clerk announced the following conference committee report had been filed at 8:59 p.m. tonight:
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 6, Regulating sale of drug products used in manufacture of methamphetamine.
     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. Senate Bill No. 88, Relating to claims for total loss and debris removal proceeds under farmers' mutual fire insurance companies.
     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 §33-22-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §38-10E-1 of said code be amended and reenacted, all to read as follows:
CHAPTER 33. INSURANCE.
ARTICLE 22. FARMERS' MUTUAL FIRE INSURANCE COMPANIES.
§33-22-2. Applicability of other provisions.
     Each company to the same extent that provisions are applicable to domestic mutual insurers shall be governed by and be subject to the following provisions of this chapter, but only to the extent these provisions are not inconsistent with ~~the provisions of~~ this article: article one (definitions); article two (Insurance Commissioner); article four (general provisions), except that section sixteen ~~of said~~, article four, may not be applicable ~~thereto~~; article seven (assets and liabilities); article eight-a (use of clearing corporations and federal reserve book-entry system); article ten (rehabilitation and liquidation), except that under ~~the provisions of~~ section thirty-two ~~of said~~, article ten, assessments may not be levied against any former member of a farmers' mutual fire insurance company who is no longer a member of the company at the time the order to show cause was issued; article eleven (unfair trade practices); article twelve (insurance producers and solicitors), except that the agent's license fee shall be $5; section six-a, article seventeen (notice of noncoverage of flood damages and the availability of flood insurance); section nine-b, article seventeen (claims for total loss; debris removal proceeds); article twenty-six (West Virginia Insurance Guaranty Association Act); article twenty-seven (insurance holding company systems); article thirty (mine subsidence insurance), except that under ~~the provisions of~~ section six ~~of said~~, article thirty, a farmers' mutual insurance company shall have the option of offering mine subsidence coverage to all of its policyholders, but may not be required to do so; article thirty-three (annual audited financial report); article thirty-four (administrative supervision); ~~article thirty-four-a (standards and commissioner's authority for companies considered to be in hazardous financial condition);~~ article thirty-five (criminal sanctions for failure to report impairment); article thirty-six (business transacted with Producer-Controlled Property-Casualty Insurer Act); article thirty-seven (managing general agents); article thirty-nine (disclosure of material transactions); article forty (risk-based capital for insurers); and article forty-one (Insurance Fraud Prevention Act).
CHAPTER 38. LIENS.
ARTICLE 10E. LIEN ON INSURANCE PROCEEDS FOR DEBRIS REMOVAL.
§38-10E-1. Debris removal; notice of insurance proceeds; lien of
               municipality and county.
     (a) (1) Notwithstanding any provision of this code to the contrary, the receipt by an insurance company of a claim under a fire insurance policy for a total loss to real property creates a statutory lien on the insurance proceeds payable for such claim in favor of the municipality in which the property is situate or, if the property is located outside a municipality, the county in which the property is situate, in an amount equal to the greater of: (A) Five thousand dollars; or (B) ten percent of the policy limits for loss to the real property, including any coverage for debris removal: Provided, That the amount of the lien may not exceed the policy limits of coverage for the real property plus debris removal, if any: Provided, however, That the lien created by this subsection does not apply to proceeds payable under the policy for any losses other than those to the real property insured, including loss of personal property and payments for temporary housing and related living expenses: Provided further, That the lien amount imposed against proceeds payable under policies issued by farmers' mutual fire insurance companies pursuant to article twenty-two, chapter thirty-three of this code shall in no event exceed ten percent of the policy limits for loss to the real property, including any coverage for debris removal.
     (2) The terms "municipality" and "treasurer" have the same meanings ascribed to them in section two, article one, chapter eight of this code.
     (b) Within ten days of a determination by the insurer that a covered claim constitutes a total loss, the insurance company shall send certified letters to the insured and, as applicable, to the treasurer of the municipality in which the property is situate or, if the property is situate outside a municipality, to the sheriff of the county in which the property is situate, stating any amount claimed; the limits and conditions of coverage; the location of the property; the terms and limits of coverage designated by the insurance policy for securing, cleanup and removal, if any; any time limitations imposed on the insured for securing, cleanup and removal; and the policyholder's name and mailing address.
     (c) (1) The lien created pursuant to subsection (a) of this section shall be discharged unless the municipality or county, whichever is applicable, within thirty days of the receipt of the letter sent in accordance with subsection (b) of this section, perfects and preserves such lien by filing a notice thereof with the clerk of the county commission of the county in which such property is situate: Provided, That upon filing of a notice of lien in accordance with this subdivision, the amount of the lien created in subsection (a) of this section shall thereafter be for the estimated cost of cleanup contained in such notice of lien, subject to the limitation stated in subsection (a) of this section with respect to policies issued by farmers' mutual insurance companies: Provided, however, That the discharge of a lien based on the municipality's or county's failure to file a notice pursuant to this subdivision does not affect any other remedies the municipality or county may have with respect to such property or the liability of the property owner.
     (2) A notice of lien filed in accordance with this subsection shall include a statement of the estimated cost to the municipality or county for the cleanup of the damaged property, removal of any refuse, debris, remnants or remains of the building and appurtenances, and securing the structure: Provided, That such estimated cost may not exceed the amount of the lien created pursuant to subsection (a) of this section.
     (3) A notice of lien filed in accordance with this section shall be notarized and shall be sufficient if in form and effect as follows:
Notice of Lien for Debris Removal
To (name of insurance company):
     You will please take notice that the undersigned, on behalf of the (municipality or county) (of County, if a municipality), West Virginia, has estimated that the cost of removing debris and otherwise cleaning up (a certain building, other structure or improvement) on real estate known as (an adequate and ascertainable description of the real estate) would be (estimated cleanup cost).
     You are further notified that, in order to secure the payment of ~~such sum~~ the amount allowed by the provisions of subsection (a), section one, article ten-e, chapter thirty-eight of the West Virginia Code, the undersigned, on behalf of the (municipality or county) and pursuant to the provisions of section one, article ten-e, chapter thirty-eight of the West Virginia Code, claims a lien in such amount upon the interest of (policyholder's name) in a fire insurance policy (the policy number or other identifying information) issued by (the insurance company's name and address).
     (Signature of treasurer or municipal officer exercising the power and authority commonly exercised by a treasurer, or sheriff).
     (Title)
     (d) The clerk of the county commission shall, upon the filing of such notice, index the same in a book in his or her office called "Debris Removal Liens" as a lien against the insurance proceeds in favor of the municipality or county and shall send a copy of the notice to the insurer.;
     And,
     By striking out the title and substituting therefor a new title, to read as follows:
     Eng. Senate Bill No. 88--A Bill to amend and reenact §33-22-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §38-10E-1 of said code, all relating to farmers' mutual fire insurance companies; removing outdated language; clarifying obligations and liability of farmers' mutual fire insurance companies; imposing limited lien on proceeds under policies issued by farmers' mutual fire insurance companies; providing for notice of a total loss determination; and providing for perfection of statutory lien and release under certain conditions.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Senate Bill No. 88, 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, Williams, Yost and Kessler (Mr. President)--32.
     The nays were: Green and D. Hall--2.
     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. 88) 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 amendments, as to
     Eng. Com. Sub. for Senate Bill No. 253, Clarifying code for Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth.
     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 two, line twenty-three, by striking out the word "behavior" and inserting in lieu thereof the word "behavioral";
     On page four, section four, line fifteen, by striking out the words "mental/behavior" and inserting in lieu thereof the words "mental or behavioral";
     On page five, section four, line thirty-two, after the words "Increase in" by inserting the word "the";
     On page five, section four, line thirty-four, after the word "birth" by inserting the word "the";
     On page six, section four, line forty-nine, after the words "Increase in" by inserting the word "the";
     On page six, section four, line fifty-one, after the words "Increase in" by inserting the word "the";
     On page six, section four, line fifty-two, by striking out the word "job" and inserting in lieu thereof the words "the workforce";
     And,
     On page seven, section four, line sixty-two, after the words "Increase in" by inserting the word "the".
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Committee Substitute for Senate Bill No. 253, 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, Williams, Yost and Kessler (Mr. President)--32.
     The nays were: Green and D. Hall--2.
     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. 253) 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 Senate Bill No. 267, Ensuring state courts' jurisdiction of fraudulent or unauthorized purchasing card use.
     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 one, by striking out everything after the enacting section inserting in lieu thereof the following:
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 9. SUPERVISION OF LOCAL GOVERNMENT OFFICES.
§6-9-2c. Fraudulent or unauthorized use of purchasing card prohibited; penalties.
  (a) It is unlawful for any person to use a local government purchasing card, issued in accordance with the provisions of section two-a of this article, to make any purchase of goods or services in a manner which is contrary to the provisions of section two-a of this article or the rules promulgated pursuant to that section.
  (b) It is unlawful for any person to knowingly or intentionally possess with the intent to use a purchasing card without authorization pursuant to section two-a of this article or the rules promulgated pursuant to that section.
__(c) Any person who violates the provisions of this section is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility not less than one year nor more than five years, or fined no more than $5,000, or both fined and imprisoned.
  (d) A violation of this section may be prosecuted in the county in which the card was issued, unlawfully obtained, fraudulently used, used without authorization or where any substantial or material element of the offense occurred.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
ARTICLE 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.
§12-3-10b. Fraudulent or unauthorized use of purchasing card                          prohibited; penalties.
     It is unlawful for any person to use a state purchasing card, issued in accordance with the provisions of section ten-a of this article, to make any purchase of goods or services in a manner which is contrary to the provisions of section ten-a of this article or the rules promulgated pursuant to that section.
     (b) It is unlawful for any person to knowingly or intentionally possess with the intent to use a purchasing card without authorization pursuant to section ten-a of this article or the rules promulgated pursuant to that section.
     (c) Any person who violates the provisions of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary not less than one year nor more than five years, or fined no more than $5,000, or both fined and imprisoned.
     (d) A violation of this section may be prosecuted in the county in which the card was issued, unlawfully obtained, fraudulently used, used without authorization or where any substantial or material element of the offense occurred.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
     Engrossed Committee Substitute for Senate Bill No. 267, 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. 267) 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 passage by that body, without amendment, to take effect from passage, and requested the concurrence of the Senate in the changed effective date, of
     Eng. Com. Sub. for Senate Bill No. 315, Clarifying use of certain funds under Military Authority Act.
     On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
     On further motion of Senator Unger, the Senate concurred in the changed effective date of the bill, that being to take effect from passage, instead of ninety days from passage.
     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. 315) 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. 350, Requiring Agriculture Commissioner propose legislative rules for Rural Rehabilitation Loan Program.
     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 eleven, lines twenty-seven and twenty- eight, by striking out all of subdivision (8) and inserting in lieu thereof a new subdivision, designated subdivision (8), to read as follows:
     (8) Transfer the servicing of the program loans to a financial institution via competitive bid or to the State Treasurer's Office.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
     Engrossed Senate Bill No. 350, 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. 350) 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. 350) 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, 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. 353, Relating to timber theft in state forests.
     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:
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 353--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1A-3b, relating to creating the offense of timber theft from state forests; providing the Division of Forestry authority to investigate and enforce timber theft violations in state forests for research and investigative purposes; directing the Division of Forestry to create and maintain a central registry of information relating to timber theft from state forests; and setting forth criminal and civil penalties.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the title of the bill.
     Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 353, 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. 353) 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. 356, Relating to purchasing reforms.
     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 §5A-1-1 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 §5A-1-10; that §5A-3-1, §5A-3-3, §5A-3-4, §5A-3-5, §5A-3-11, §5A-3-17, §5A-3-28, §5A-3-30 and §5A-3-31 of said code be amended and reenacted; that said code be amended by adding thereto three new sections, designated §5A-3-10d, §5A-3-10e and §5A-3-60; and that §12-3-10d of said code be amended and reenacted, all to read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 1. DEPARTMENT OF ADMINISTRATION.
§5A-1-1. Definitions.
     For the purpose of this chapter:
     (1) "Commodities" means supplies, material, equipment ~~contractual services,~~ and any other articles or things used by or furnished to a department, agency or institution of state government.
     ~~(2) "Contractual services" means telephone, telegraph, electric light and power, water and similar services.~~
     (2) "Contract" means an agreement between a state spending unit and a vendor relating to the procurement of commodities or services, or both.
     (3) "Debarment" means the exclusion of a vendor from the right to bid on contracts to sell goods or supply services to the state or its subdivisions for a specified period of time.
     (4) "Director" means the director of the division referred to in the heading of the article in which the word appears.
     (5) "Electronic" means electrical, digital, magnetic, optical, electromagnetic or any other similar technology.
     (6) "Electronic transmission" or "electronically transmitted" means any process of communication not directly involving the physical transfer of paper that is suitable for the retention, retrieval and reproduction of information by the recipient.
     (7) "Expendable commodities" means those commodities which, when used in the ordinary course of business, will become consumed or of no market value within the period of one year or less.
     (8) "Grant" means the furnishing of assistance, financial or otherwise, to any person or entity to support a program authorized by law.
_____~~(8)~~ (9) "Nonprofit workshops" means an establishment: (A) Where any manufacture or handiwork is carried on; (B) which is operated either by a public agency or by a cooperative or by a nonprofit private corporation or nonprofit association, in which no part of the net earnings thereof inures, or may lawfully inure, to the benefit of any private shareholder or individual; (C) which is operated for the primary purpose of providing remunerative employment to blind or severely disabled persons who cannot be absorbed into the competitive labor market; and (D) which shall be approved, as evidenced by a certificate of approval, by the State Board of Vocational Education, Division of Vocational Rehabilitation.
     ~~(9)~~ (10) "Printing" means printing, binding, ruling, lithographing, engraving and other similar services.
     (11) "Procurement" means the buying, purchasing, renting, leasing or otherwise obtaining of commodities or services.
_____(12) "Public funds" means funds of any character, including federal moneys, belonging to or in the custody of any state spending unit.
_____~~(10)~~ (13) "Record" means information that is inscribed on a read-only tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
     ~~(11)~~ (14) "Removable property" means any personal property not permanently affixed to or forming a part of real estate.
     ~~(12)~~ (15) "Request for quotations" means a solicitation for a bid where cost is the primary factor in determining the award.
     ~~(13)~~ (16) "Responsible bidder" means a vendor who has the capability to fully perform the contract requirements and the integrity and reliability which will assure good-faith performance.
     ~~(14)~~ (17) "Responsive bidder" means a vendor who has submitted a bid which conforms in all material respects to the bid solicitation.
     ~~(15)~~ (18) "Secretary" means the Secretary of Administration.
     (19) "Services" means the furnishing of labor, time, expertise or effort, not involving the delivery of a specific end commodity or product other than one that may be incidental to the required performance.
_____~~(16)~~ (20) "Spending officer" means the executive head of a spending unit, or a person designated by him or her.
     ~~(17)~~ (21) "Spending unit" means a department, bureau, department, division, office, board commission, authority, agency or institution of the state government for which an appropriation is requested of the Governor, or to which an appropriation is made by the Legislature, unless a specific exemption from this chapter is provided in this code.
     ~~(18)~~ (22) "The state and its subdivisions" means the State of West Virginia, every political subdivision thereof, every administrative entity that includes such a subdivision, all municipalities and all county boards of education.
     ~~(19)~~ (23) "Vendor" means any person or entity that ~~is registered with the purchasing division to~~ may, through contract or other means, supply the state or its subdivisions with commodities or services, and lessors of real property.
§5A-1-10. General procurement provisions for state spending units.
     (a) Unless this code specifically provides to the contrary, all spending units, whenever possible, shall base purchases for commodities and services on a competitive process and utilize available statewide contracts.
     (b) The secretary shall issue a notice to cease and desist to any spending unit when the secretary has credible evidence that a spending unit has failed, whenever possible, to purchase commodities and services on a competitive basis or to use available statewide contracts. Failure to abide by such notice may result in penalties set forth in section seventeen, article three of this chapter.
ARTICLE 3. PURCHASING DIVISION.
§5A-3-1. Division created; purpose; director; applicability of article; continuation.
     (a) The Purchasing Division within the Department of Administration is continued. ~~for the purpose of establishing centralized offices to provide purchasing, and travel services to the various state agencies.~~ The underlying purposes and policies of the Purchasing Division are:
_____(1) To establish centralized offices to provide purchasing and travel services to the various state agencies;
_____(2) To simplify, clarify and modernize the law governing procurement by this state;
_____(3) To permit the continued development of procurement policies and practices;
_____(4) To make as consistent as possible the procurement rules and practices among the various spending units;
_____(5) To provide for increased public confidence in the procedures followed in public procurement;
_____(6) To ensure the fair and equitable treatment of all persons who deal with the procurement system of this state;
_____(7) To provide increased economy in procurement activities and to maximize to the fullest extent practicable the purchasing value of public funds;
_____(8) To foster effective broad-based competition within the free enterprise system;
_____(9) To provide safeguards for the maintenance of a procurement system of quality and integrity; and
_____(10) To obtain in a cost-effective and responsive manner the commodities and services required by spending units in order for those spending units to better serve this state's businesses and residents.
     (b) The Director of the Purchasing Division shall, at the time of appointment:
     (1) Be a graduate of an accredited college or university; and
     (2) Have spent a minimum of ten of the fifteen years immediately preceding his or her appointment employed in an executive capacity in purchasing for any unit of government or for any business, commercial or industrial enterprise.
     (c) The provisions of this article apply to all of the spending units of state government, except as otherwise provided by this article or by law.
     (d) The provisions of this article do not apply to the judicial branch, the legislative branch, to purchases of stock made by the Alcohol Beverage Control Commissioner and to purchases of textbooks for the State Board of Education.
_____(e) The provisions of this article apply to every expenditure of public funds by a spending unit for commodities and services irrespective of the source of the funds.
§5A-3-3. Powers and duties of Director of Purchasing.
     The director, under the direction and supervision of the secretary, shall be the executive officer of the Purchasing Division and shall have the power and duty to:
     (1) Direct the activities and employees of the Purchasing Division;
     (2) Ensure that the purchase of or contract for commodities and services shall be based, whenever possible, on competitive bid;
     (3) ~~Purchasing~~ Purchase or contract for, in the name of the state, the commodities, services and printing required by the spending units of the state government;
     (4) Apply and enforce standard specifications established in accordance with section five of this article as hereinafter provided;
     (5) Transfer to or between spending units or sell commodities that are surplus, obsolete or unused as hereinafter provided;
     (6) Have charge of central storerooms for the supply of spending units, as the director deems advisable;
     (7) Establish and maintain a laboratory for the testing of commodities and make use of existing facilities in state institutions for that purpose as hereinafter provided, as the director deems advisable;
     (8) Suspend the right and privilege of a vendor to bid on state purchases when the director has evidence that such vendor has violated any of the provisions of the purchasing law or the rules and regulations of the director;
     (9) Examine the provisions and terms of every contract entered into for and on behalf of the State of West Virginia that impose any obligation upon the state to pay any sums of money for commodities or services and approve each such contract as to such provisions and terms; and the duty of examination and approval herein set forth does not supersede the responsibility and duty of the Attorney General to approve such contracts as to form: Provided, That the provisions of this subdivision do not apply in any respect whatever to construction or repair contracts entered into by the Division of Highways of the Department of Transportation: Provided, however, That the provisions of this subdivision do not apply in any respect whatever to contracts entered into by the University of West Virginia Board of Trustees or by the Board of Directors of the State College System, except to the extent that such boards request the facilities and services of the director under the provisions of this subdivision; ~~and~~
     (10) Assure that the specifications and ~~commodity~~ descriptions in all ~~"requests for quotations"~~ solicitations are prepared so as to ~~permit~~ provide all potential suppliers-vendors who can meet the requirements of the state an opportunity to bid and to assure that the specifications and descriptions do not favor a particular brand or vendor. If the director determines that any such specifications or descriptions as written favor a particular brand or vendor or if it is decided, either before or after the bids are opened, that a commodity or service having different specifications or quality or in different quantity can be bought, the director may rewrite the ~~"requests for quotations"~~ solicitation and the matter shall be rebid; and
_____(11) Issue a notice to cease and desist to a spending unit when the director has credible evidence that a spending unit has violated competitive bidding or other requirements established by this article and the rules promulgated hereunder. Failure to abide by such notice may result in penalties set forth in section seventeen of this article.
§5A-3-4. Rules of director.
     (a) The director shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to:
     (1) Authorize a spending unit to purchase specified commodities and services directly and prescribe the manner in which such purchases shall be made;
     (2) Authorize, in writing, a spending unit to purchase commodities and services in the open market for immediate delivery in emergencies, ~~defines~~ define emergencies and prescribe the manner in which such purchases shall be made and reported to the director;
     (3) Prescribe the manner in which commodities and services shall be purchased, delivered, stored and distributed;
     (4) Prescribe the time for making requisitions and estimates of commodities and services, the future period which they are to cover, the form in which they shall be submitted and the manner of their authentication;
     (5) Prescribe the manner of inspecting all deliveries of commodities, and making chemical and physical tests of samples submitted with bids and samples of deliveries to determine compliance with specifications;
     (6) Prescribe the amount and type of deposit or bond to be submitted with a bid or contract and the amount of deposit or bond to be given for the faithful performance of a contract;
     (7) Prescribe a system whereby the director shall be required, upon the payment by a vendor of an annual fee established by the director, to give notice to such vendor of all bid solicitations for commodities and services of the type with respect to which such vendor specified notice was to be given, but no such fee shall exceed the cost of giving the notice to such vendor, nor shall such fee exceed the sum of $125 per fiscal year nor shall such fee be charged to persons seeking only reimbursement from a spending unit;
     (8) Prescribe that each state contract entered into by the Purchasing Division shall contain provisions for liquidated damages, remedies or provisions for the determination of the amount or amounts which the vendor shall owe as damages, in the event of default under such contract by such vendor, as determined by the director;
     (9) Prescribe contract management procedures for all state contracts except government construction contracts including, but not limited to, those set forth in article twenty-two, chapter five of this code;
     (10) Prescribe procedures by which oversight is provided to actively monitor spending unit purchases, including, but not limited to, all technology and software commodities and ~~contractual~~ services exceeding $1 million, approval of change orders and final acceptance by the spending units;
     (11) Prescribe that each state contract entered into by the Purchasing Division contain provisions for the cancellation of the contract upon thirty days' notice to the vendor;
     (12) Prescribe procedures for selling surplus commodities to the highest bidder by means of an internet auction site;
     (13) Provide such other matters as may be necessary to give effect to the foregoing rules and the provisions of this article; and
     (14) Prescribe procedures for encumbering purchase orders to ensure that the proper account may be encumbered before sending purchase orders to vendors.
     (b) The director shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to prescribe qualifications to be met by any person who is to be employed in the Purchasing Division as a state buyer. The rules must provide that a person may not be employed as a state buyer unless he or she at the time of employment either is:
     (1) A graduate of an accredited college or university; or
     (2) Has at least four years' experience in purchasing for any unit of government or for any business, commercial or industrial enterprise.
     Persons serving as state buyers are subject to the provisions of article six, chapter twenty-nine of this code.
§5A-3-5. Purchasing section standard specifications - Promulgation and adoption by director; applicable to all purchases.
     (a) The director shall promulgate and adopt standard specifications based on scientific and technical data for appropriate commodities and services, which shall establish the quality to which commodities to be purchased and services to be contracted for by the state must conform.
     (b) Standard specifications shall apply to every future purchase of or contract for the commodities or services described in the specifications and shall include information relating to the cost of maintenance and expected life of the commodity if the director determines there are nationally accepted industry standards for the commodity.
     (c) No purchases by any spending unit may be exempt from compliance with the standard specifications so established, but the director may exempt the purchase of particular items from the standard specifications if it is considered necessary and advisable.
     (d) The director shall update the standard specifications, as necessary.
§5A-3-10d. Reverse auctions.
     (a) Notwithstanding any other provision of this code, the director is hereby authorized to initiate reverse auctions to procure commodities. The director may not use reverse auctions for the procurement of services under any circumstances.
     (b) Reverse auctions may be utilized if the director determines their use would be fair, economical and in the best interests of the state, and the commodities to be procured:
     (1) Are subject to low price volatility;
     (2) Have specifications that are common and not complex;
     (3) Vary little between suppliers;
     (4) Are sourced primarily based on price, with limited ancillary considerations;
     (5) Require little collaboration from suppliers; and
     (6) Are sold by a large, competitive supply base.
     (c) For purposes of this section, "reverse auction" means a process by which bidders compete to provide commodities in an open and interactive market, including, but not limited to, the internet. Reverse auction bids are opened and made public upon receipt by the director, and then bidders are given the opportunity to submit revised bids until the bidding process is complete. The contract is awarded to the lowest responsible bidder.
     (d) The director may contract with qualified, industry-recognized third-party vendors to conduct reverse auctions on behalf of the director.
     (e) The director shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to establish the procedures for conducting reverse auctions. The rules shall include procedures for contracting with qualified, industry-recognized third-party vendors.
§5A-3-10e. Master contracts; direct ordering process.
     (a) Subject to the limitations of this section, the director may permit spending units to procure commodities directly from a preapproved vendor through a master contract direct ordering process if the director determines the process is fair, economical and in the best interests of the state.
     (b) Definitions. -- For purposes of this section:
     (1) "Information technology" means hardware and software related to electronic processing and storage, retrieval, transmittal and manipulation of data.
     (2) "Master contract" means an agreement, having a term of no more than one year, between the Purchasing Division and at least two preapproved vendors authorizing a spending unit to purchase a commodity directly and on a recurrent basis through the direct ordering process.
     (3) "Preapproved vendor" means a "vendor", as that term is defined in section one, article one, chapter five-a of this code, that has entered into a master contract with the Purchasing Division and may participate in the direct ordering process subject to the terms and conditions of the master contract.
     (4) "Direct ordering process" means the competitive bidding process whereby the preapproved vendors that are parties to a master contract may submit sealed bids directly to spending units to provide a commodity identified in the master contract subject to the limitations set forth in this section.
     (c) Master contract procedures. --
     (1) For each master contract, the director shall set forth the requirements, technical or otherwise, under which a vendor may be qualified to supply a commodity through the direct ordering process. For each master contract, the director shall follow the notice and advertising requirements set forth in section ten, article three, chapter five-a of this code.
     (2) A master contract may authorize the direct ordering process for only one type of commodity.
     (3) A vendor may submit information to the director to establish that it meets the requirements set forth in the master contract.
     (4) If the director determines that a vendor meets the requirements set forth in the master contract, the vendor may enter into the master contract as a preapproved vendor.
     (d) Direct ordering procedures. --
     (1) A spending unit may commence the direct ordering process by issuing a request for a commodity identified in the master contract, stating in the request the quantity of the commodity to be procured in that particular instance.
     (2) The preapproved vendor that submits the lowest bid in response to the request shall be awarded the procurement in that particular instance.
     (3) The direct ordering process may not be utilized for any request for commodities, other than information technology, anticipated to cost more than $50,000, unless approved in writing by the Director of Purchasing. The state may not issue a series of orders each anticipated to cost less than $50,000 to circumvent the monetary limitation in this subsection.
     (4) The direct ordering process may not be utilized for any request for information technology anticipated to cost more than $1,000,000, unless approved in writing by the Director of Purchasing. The state may not issue a series of orders each anticipated to cost less than $1,000,000 to circumvent the monetary limitation in this subsection.
     (e) Rule-making authority. -- The Director of the Purchasing Division shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement this section, including, but not limited to, provisions to establish procedures for the solicitation and authorization of master contracts, preapproval of vendors and implementation of direct ordering.
§5A-3-11. Purchasing in open market on competitive bids; debarment; bids to be based on written specifications; period for alteration or withdrawal of bids; awards to lowest responsible bidder; uniform bids; record of bids; requirements of vendors to pay taxes, fees and debts; exception; grant exemption.
     (a) The director may make a purchase of commodities, printing and services of $25,000 or less in amount in the open market, but the purchase shall, wherever possible, be based on at least three competitive bids and shall include the cost of maintenance and expected life of the commodities if the director determines there are nationally accepted industry standards for the commodities being purchased.
     (b) The director may authorize spending units to purchase commodities, printing and services in the amount of $2,500 or less in the open market without competitive bids: Provided, That the cost of maintenance and expected life of the commodities must be taken into consideration if the director determines there are nationally accepted industry standards for the commodities being purchased.
     (c) Bids shall be based on the written specifications in the advertised bid request and may not be altered or withdrawn after the appointed hour for the opening of the bids.
     (d) A vendor who has been debarred pursuant to the provisions of sections ~~thirty-three-a~~ thirty-three-b through thirty-three-f ~~article three, chapter five-a~~ of this ~~code~~ article may not bid on or be awarded a contract under this section.
     (e) All open market orders, purchases based on advertised bid requests or contracts made by the director or by a state department shall be awarded to the lowest responsible bidder or bidders, taking into consideration the qualities of the commodities or services to be supplied, their conformity with specifications, their suitability to the requirements of the government, the delivery terms and, if the director determines there are nationally accepted industry standards, cost of maintenance and the expected life of the commodities: Provided, That state bids on school buses shall be accepted from all bidders who shall then be awarded contracts if they meet the state board's Minimum Standards for Design and Equipment of School Buses. County boards of education may select from those bidders who have been awarded contracts and shall pay the difference between the state aid formula amount and the actual cost of bus replacement. Any or all bids may be rejected.
     (f) If all bids received on a pending contract are for the same unit price or total amount, the director has the authority to reject all bids and to purchase the required commodities, printing and services in the open market if the price paid in the open market does not exceed the bid prices.
     (g) The bid must be received by the Purchasing Division prior to the specified date and time of the bid opening. The failure to deliver or the nonreceipt of the bid by the Purchasing Division prior to the appointed date and hour shall result in the rejection of the bid. The vendor is solely responsible for the receipt of bid by the Purchasing Division prior to the appointed date and hour of the bid opening. All bids will be opened publicly by two or more persons from the Purchasing Division. Vendors will be given notice of the day, time and place of the public bid opening. Bids may be viewed immediately after being opened.
     (h) After the award of the order or contract, the director, or someone appointed by him or her for that purpose, shall indicate upon the successful bid that it was the successful bid. Thereafter, the copy of each bid in the possession of the director shall be maintained as a public record, shall be open to public inspection in the office of the director and may not be destroyed without the written consent of the Legislative Auditor.
_____(i) (1) A grant awarded by the state is exempt from the competitive bidding requirements set forth in this chapter unless the grant is used to procure commodities or services that directly benefit a spending unit.
_____(2) If a grant awarded to the state requires the procurement of commodities or services that will directly benefit a spending unit, the procurement is not exempt from the competitive bidding requirements set forth in this chapter.
_____(3) If a grant awarded to the state requires the state to transfer some or all of the grant to an individual, entity or vendor as a subgrant to accomplish a public purpose, and no contract for commodities or services directly benefitting a spending unit will result, the subgrant is not subject to the competitive bidding requirements set forth in this chapter.
§5A-3-17. Purchases or contracts violating article void; personal liability.
     If a spending unit purchases or contracts for commodities or services contrary to the provisions of this article or the rules and regulations made thereunder, such purchase or contract shall be void and of no effect. The ~~head~~ spending officer of such spending unit, or any other individual charged with responsibility for the purchase or contract, shall be personally liable for the costs of such purchase or contract, and, if already paid out of state funds, the amount thereof may be recovered in the name of the state in an appropriate action instituted therefor: Provided, That the state establishes by a preponderance of the evidence that the individual acted knowingly and willfully.
§5A-3-28. Financial interest of secretary, etc.; receiving reward from interested party; penalty; application of bribery statute.
     (a) Neither the secretary, nor the director nor any employee of the Division of Purchasing, shall be financially interested, or have any beneficial personal interest, directly or indirectly, in the purchase of any commodities, services or printing, nor in any firm, partnership, corporation or association furnishing them. Neither the secretary, nor the director nor any employee of the Division of Purchasing, shall accept or receive directly or indirectly from any person, firm or corporation, known by such secretary, director or employee to be interested in any bid, contract or purchase, by rebate, gift or otherwise, any money or other thing of value whatsoever, or any promise, obligation or contract for future reward or compensation.
     (b) A person who violates this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not less than three months nor more than one year, or fined not less than $50 nor more than $1,000, or both, in the discretion of the court: Provided, That any person who violates any of the provisions of the last sentence of the first paragraph of this section under circumstances constituting the crime of bribery under the provisions of section three, article five-a, chapter sixty-one of this code, shall, upon conviction of bribery, be punished as provided in said article.
§5A-3-30. Statement of purpose; obtaining money and property under false pretenses or by fraud from the state; penalties; definition.
(a) The Legislature of the State of West Virginia hereby declares that the purpose of this statute is to promote equal and fair bidding for the purchase of commodities and services by the state ~~and any political subdivision of the state purchasing commodities under any state contract,~~ to eliminate fraud in the procurement of commodities and services by the state.
(b) It is unlawful for any person to obtain any services, money, goods or other property from the state ~~or any political subdivision of the state~~ under any contract made under the provisions of this article, by false pretense, token or representation, or by delivery of inferior commodities, with intent to defraud. A person who violates this subsection is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for not less than one year nor more than five years, and shall be fined not exceeding ~~$1,000~~ $10,000.
(c) It shall not be a defense to a charge under this section that: (1) The commodities or services purchased were accepted and used, or are being used, by the state; ~~or a political subdivision of the state;~~ or (2) the commodities or services are functional or suitable for the purpose for which the commodities or services were purchased by the state ~~or a political subdivision of the state~~ notwithstanding the standard or specification issued by the purchasing agency or the division of purchasing.
(d) For the purpose of this section, "inferior commodities" includes, but shall not be limited to: (1) Any commodity which does not meet the specification or standard issued by the purchasing agency and the Division of Purchasing, or any change order approved by both the purchasing agency and Division of Purchasing; and (2) any commodity which is of a lesser quality, quantity or measure of any kind set forth within the specification or standard issued by the purchasing agency and the Division of Purchasing.
§5A-3-31. Corrupt actions, combinations, collusions or conspiracies prohibited; penalties.
(a) It shall be unlawful for any person to corruptly act alone or combine, collude or conspire with one or more other persons with respect to the purchasing or supplying of services, commodities or printing to the state under the provisions of this article if the purpose or effect of such action, combination, collusion or conspiracy is either to: (1) Lessen competition among prospective vendors; or (2) cause the state to pay a higher price for such services, commodities or printing than would be or would have been paid in the absence of such action, combination, collusion or conspiracy; or (3) cause one prospective vendor or vendors to be preferred over one or more other prospective vendor or vendors.
(b) Any person who violates any provision of this section ~~shall be~~ is guilty of a felony and, upon conviction thereof, shall be ~~confined~~ imprisoned in ~~penitentiary~~ a state correctional facility not less than one nor more than five years, and be fined not exceeding $10,000.
§5A-3-60. Annual purchasing training.
(a) All executive department secretaries, commissioners, deputy commissioners, assistant commissioners, directors, deputy directors, assistant directors, department heads, deputy department heads and assistant department heads are hereby required to take two hours of training on purchasing procedures and purchasing cards annually.
(b) The Director of the Purchasing Division and the Auditor shall offer the two-hour training required by this section at least two times per year and shall develop its substance in accordance with the requirements of this article and other relevant provisions of this code. The training shall be recorded by audio and visual means and shall be made available to the individuals listed in subsection (a) of this section in the event they are unable to attend the training in person.
(c) All individuals listed in subsection (a) of this section shall certify, in writing and on a form developed by the Director of the Purchasing Division, the date, time, location and manner in which they took the training. Completed forms shall be returned to the director and maintained in his or her office.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
ARTICLE 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.
§12-3-10d. Purchasing Card Fund created; expenditures.
(a) All moneys received by the state pursuant to any agreement with vendors providing purchasing charge cards, and any interest or other return earned on the money, shall be deposited in a special revenue revolving fund, designated the Purchasing Card Administration Fund, in the State Treasury to be administered by the Auditor. The fund shall be used to pay all expenses incurred by the Auditor in the implementation and operation of the Purchasing Card Program and may be used to pay expenses related to the general operation of the Auditor's office. The Auditor also may use the fund to pay expenses incurred by spending units associated with the use of the card, including system and program enhancements, and inspection and monitoring of compliance with all applicable rules and procedures. Expenditures from the fund shall be made in accordance with appropriations by the Legislature pursuant to the provisions of article three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter five-a of this code.
(b) Within three days of receiving rebate moneys resulting from state spending unit purchasing card purchases, the Auditor shall transfer fifteen and one-half percent of such rebate moneys to the Purchasing Improvement Fund created pursuant to section fifty-eight, article three, chapter five-a of this code.
(c) Within three days of receiving rebate moneys resulting from state spending unit purchasing card purchases, the Auditor shall transfer ~~fifteen and one-half~~ ten percent of such rebate moneys to the Hatfield-McCoy Regional Recreation Authority, ten percent of such moneys to the State Park Operating Fund.;
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. 356--A Bill to amend and reenact §5A-1-1 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5A-1-10; to amend and reenact §5A-3-1, §5A-3-3, §5A-3-4, §5A-3-5, §5A-3-11, §5A-3-17, §5A-3-28, §5A-3-30 and §5A-3-31 of said code; to amend said code by adding thereto three new sections, designated §5A-3-10d, §5A-3-10e and §5A-3-60; and to amend and reenact §12-3-10d of said code, all relating generally to purchasing; revising definitions; eliminating definitions; defining terms; requiring state spending units purchase commodities and services on a competitive basis where possible; authorizing the Secretary of the Department of Administration to issue a notice to cease and desist when purchases are not made on a competitive basis; clarifying the purposes and policies of the Purchasing Division; clarifying the applicability of the article; clarifying that procurements must include adequate specifications and descriptions; clarifying the powers and duties of the Director of Purchasing; authorizing the Director of Purchasing to issue a notice to cease and desist when purchases are not made on a competitive basis; ensuring the purchasing requirements apply to services and commodities; authorizing reverse auctions for purchasing commodities; permitting third-party vendors to administer reverse auctions; affording the Director of the Purchasing Division rule-making authority to implement reverse auctions; authorizing master contracts and the direct order process for the direct procurement of certain commodities; defining additional terms; requiring approval of the Director of the Purchasing Division for master contracts; setting forth direct order requirements and procedures; authorizing direct order of commodities in certain amounts; permitting direct order of certain commodities in excess of statutory amount with the written approval of the Director of Purchasing; affording the Director of the Purchasing Division rule-making authority to establish procedures regarding master contracts, preapproval, the direct ordering process and related matters; clarifying circumstances in which grants are exempt from competitive bidding requirements; imposing personal liability upon spending officers and other responsible individuals who have knowingly and willfully violated competitive bidding requirements; creating felony offense for acting alone to undermine competition; requiring certain executive department officials to attend annual training on purchasing procedures; adjusting the percentage rebate moneys transferred to the Purchasing Improvement Fund; adjusting the percentage of rebate moneys transferred to the Hatfield-McCoy Regional Recreation Authority; transferring ten percent of rebate moneys to the State Park Operating Fund; and making technical corrections.
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. 356, 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. 356) 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. 359, Removing hand canvassing requirements of electronic voting machines.
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 4A. ELECTRONIC VOTING SYSTEMS.
§3-4A-28. Post-election custody and inspection of vote-recording devices and electronic poll books; canvass and recounts.
(a) The vote-recording devices, electronic poll books, tabulating programs and standard validation test ballots are to remain sealed during the canvass of the returns of the election, except that the equipment may be opened for the canvass and must be resealed immediately thereafter. During the seven-day period after the completion of the canvass, any candidate or the local chair of a political party may be permitted to examine any of the sealed materials: Provided, That a notice of the time and place of the examination shall be posted at the central counting center before and on the hour of nine o'clock in the morning on the day the examination is to occur and all persons entitled to be present at the central counting center may, at their option, be present. Upon completion of the canvass and after the seven-day period has expired, the vote-recording devices, test results and standard validation test ballots are to be sealed for one year: Provided, however, That the vote-recording devices, electronic poll books and all tabulating equipment may be released for use in any other lawful election to be held more than ten days after the canvass is completed and any of the electronic voting equipment or electronic poll books discussed in this section may be released for inspection or review by a request of a circuit court or the Supreme Court of Appeals.
(b) In canvassing the returns of the election, the board of canvassers shall examine, as required by subsection (d) of this section, all of the vote-recording devices, electronic poll books, the automatic tabulating equipment used in the election and those voter-verified paper ballots generated by direct recording electronic vote machines, shall determine the number of votes cast for each candidate and for and against each question and, by this examination, shall procure the correct returns and ascertain the true results of the election. Any candidate or his or her party representative may be present at the examination.
(c) If any qualified individual demands a recount of the votes cast at an election, the voter-verified paper ballot shall be used according to the same rules that are used in the original vote count pursuant to section twenty-seven of this article. For purposes of this subsection, "qualified individual" means a person who is a candidate for office on the ballot or a voter affected by an issue, other than an individual's candidacy, on the ballot.
(d) During the canvass and any requested recount, at least ~~five~~ three percent of the precincts are to be chosen at random and the voter-verified paper ballots are to be counted manually. Whenever the vote total obtained from the manual count of the voter-verified paper ballots for all votes cast in a randomly selected precinct:
(1) Differs by more than one percent from the automated vote tabulation equipment; or
(2) Results in a different prevailing candidate or outcome, either passage or defeat, of one or more ballot issues in the randomly selected precincts for any contest or ballot issue, then the discrepancies shall immediately be disclosed to the public and all of the voter-verified paper ballots shall be manually counted. In every case where there is a difference between the vote totals obtained from the automated vote tabulation equipment and the corresponding vote totals obtained from the manual count of the voter-verified paper ballots, the manual count of the voter- verified paper ballots is the vote of record.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 359--A Bill to amend and reenact §3-4A-28 of the Code of West Virginia, 1931, as amended, relating to the post-election canvassing of votes involving electronic voting systems; and reducing the number of precincts to be chosen at random for a manual count.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 359, 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. 359) 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. 359) 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. 365, Excepting certain Ethics Act provisions for elected conservation district supervisors.
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 §19-21A-4a, to read as follows:
ARTICLE 21A. CONSERVATION DISTRICTS.
§19-21A-4a. Administration of West Virginia Conservation Agency programs; legislative rules.
(a) If an elected conservation district supervisor applies or intends to apply to participate in a West Virginia Conservation Agency program, then all applications for that particular program in that particular district shall be evaluated and approved by a conservation district other than the one being supervised by the elected conservation district supervisor.
(b) The State Conservation Committee shall propose rules for legislative approval, pursuant to article three, chapter twenty- nine-a of this code, to establish:
(1) The criteria, ranking and standards required for an applicant to qualify to participate in West Virginia Conservation Agency programs;
(2) A process to disclose the recipients of the award; and
(3) The process for an unsuccessful qualified applicant to appeal an award.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 365--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-21A-4a, relating to administration of West Virginia Conservation Agency programs; providing that elected conservation district supervisors have their applications to participate in West Virginia Conservation Agency programs evaluated and considered by other conservation districts; and requiring the State Conservation Committee to propose rules for legislative approval.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 365, 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. 365) 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. 365) 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, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Senate Bill No. 380, Redefining "all-terrain and utility terrain vehicles".
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:
Eng. Senate Bill No. 380--A Bill to amend and reenact §17A-1-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17A-6-1 of said code, all relating to off-road vehicles; and updating statutory definitions to reflect new categories of vehicles and standard accessories.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the title of the bill.
Engrossed Senate Bill No. 380, 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. 380) 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, as amended by the House of Delegates, adoption as amended, and requested the concurrence of the Senate in the House of Delegates amendments to the Senate amendments, as to
Eng. House Joint Resolution No. 108, Nonprofit Youth Organization Tax Exemption Support Amendment.
On motion of Senator Unger, the message on the resolution was taken up for immediate consideration.
The following House of Delegates amendments to the Senate amendments to the resolution were reported by the Clerk:
On page one, section twelve, after the words "nonprofit organization's" by striking out the words "primary purpose or" and inserting in lieu thereof the words "nonprofit purpose";
On page two, section twelve, after the word "follows:" by striking out the remainder of the amendment and inserting in lieu thereof the following:
To amend the State Constitution to exempt from property tax certain properties in this state owned by nonprofit youth organizations and built at a cost of at least $100 million whether or not the property is used for the nonprofit youth organization's charitable or nonprofit purpose to help raise funds for the benefit of the nonprofit youth organization. If approved, the Legislature would be required to enact laws that would protect local and regional businesses from unfair competition and unreasonable loss of revenue caused by the nonprofit organization use of the tax exemption.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. House Joint Resolution No. 108--Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof, by adding thereto a new section, designated section twelve, relating to exempting property owned by certain nonprofit youth organizations from taxation whether or not said property is used by the nonprofit organization for its nonprofit purpose; conditioning tax exemption on enactment of certain legislation; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
On motion of Senator Unger, the Senate concurred in the foregoing House of Delegates amendments to the Senate amendments to the resolution.
Engrossed House Joint Resolution No. 108, as amended, was then put upon its adoption.
On the adoption of the resolution, 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 resolution (Eng. H. J. R. No. 108) adopted as follows:
Eng. House Joint Resolution No. 108--Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof, by adding thereto a new section, designated section twelve, relating to exempting certain nonprofit youth organizations which have facilities within this state which cost in excess of $100,000,000 from ad valorem property taxation on property owned by the organization whether or not said property is leased or used to support the organization; conditioning tax exemption on enactment of legislation to which shall include protecting interests of entities in the region where the facility is located; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2014, which proposed amendment is that article X thereof be amended by adding thereto a new section, designated section twelve, to read as follows:
ARTICLE X. TAXATION AND FINANCE.
§12. Nonprofit youth organization revenue exemption.
Notwithstanding any provision of this Constitution to the contrary, real property in this state which is owned by a nonprofit organization that has as its primary purpose the development of youth through adventure, educational or recreational activities for young people and others, which property contains facilities built at a cost of not less than $100 million and which property is capable of supporting additional activities within the region and the State of West Virginia is exempt from ad valorem property taxation whether or not such property is used for the nonprofit organization's nonprofit purpose to generate revenue for the benefit of the nonprofit organization subject to any requirements, limitations and conditions as may be prescribed by general law: Provided, That the tax exemption authorized by the provisions of this section shall not become effective until the Legislature adopts enabling legislation authorizing the exemption's implementation and concurrently prescribing requirements, limitations and conditions for the use of the tax exempt facility that protect local and regionally located businesses from use of the tax exempt facility in a manner that causes unfair competition and unreasonable loss of revenue to those businesses.
Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered "Amendment No. 1" and designated as the "Nonprofit Youth Organization Tax Exemption Support Amendment" and the purpose of the proposed amendment is summarized as follows: "To amend the State Constitution to exempt from property tax certain properties in this state owned by nonprofit youth organizations and built at cost of at least $100 million whether or not the property is used for the nonprofit youth organization's charitable or nonprofit purpose to help raise funds for the benefit of the nonprofit youth organization. If approved, the Legislature would be required businesses from unfair competition and unreasonable loss of revenue caused by the nonprofit organization use of the tax exemption."

________
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,
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. 307, Authorizing community corrections programs to operate pretrial release program.
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 §51-10-1, §51-10-2, §51-10-3, §51-10-4, §51-10-5, §51-10-6, §51-10-7, §51-10-8, §51-10-9 and §51-10-10 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 §51-10-5a; that §62-11C-5 and §62-11C-7 of said code be amended and reenacted; and that said code be amended by adding thereto a new article, designated §62-11F-1, §62-11F-2, §62-11F-3, §62-11F-4 and §62-11F-5, all to read as follows:
CHAPTER 51. COURTS AND THEIR OFFICERS.
ARTICLE 10. BAIL BONDSMEN IN CRIMINAL CASES.
§51-10-1. Definitions.
When used in this article, these words and terms mean the following:
(1) "Bonding business" means the business of becoming surety for compensation upon bonds in criminal cases.
(2) "Bail bondsman" means any person engaged in the bonding business that has satisfied the requirements for being a property and casualty insurance producer as set forth by the Insurance Commission.
(3) "Insurer" means any domestic, foreign or alien surety company which has been qualified generally to transact surety business.
(4) "Self insurer" means any person engaged in the bonding business as a bail bondsman who pledges his or her own property as collateral for the bonds on which they serve as surety for compensation.
§51-10-2. Business impressed with public interest.
The business of becoming surety for compensation upon bonds in criminal cases ~~in the State of West Virginia~~ is ~~impressed with~~ a public interest.
§51-10-3. Procuring business through official or attorney for consideration prohibited.
(a) It shall be unlawful for any person engaged, either as principal or as the clerk, agent or representative of a corporation, or another person in the bonding business ~~of becoming surety upon bonds for compensation in the State of West Virginia,~~ either directly or indirectly, to give, donate, lend, contribute or to promise to give, donate, ~~loan,~~ lend or contribute any money, property, entertainment or other thing of value ~~whatsoever~~ to any attorney at law, police officer, sheriff, deputy sheriff, ~~constable,~~ jailer, probation officer, clerk or other attache of a criminal court or public official ~~of any character,~~ for procuring or assisting in procuring any person to employ ~~said~~ the bondsman to execute as surety any bond for compensation in any criminal case. ~~in the State of West Virginia; and~~
(b) It shall be unlawful for any attorney at law, police officer, sheriff, deputy sheriff, ~~constable,~~ jailer, probation officer, clerk, bailiff or other attache of a criminal court or public official ~~of any character,~~ to accept or receive from any ~~such~~ person engaged in the bonding business any money, property, entertainment or other thing of value ~~whatsoever~~ for procuring or assisting in procuring any person to employ any bondsman to execute as surety any bond for compensation in any criminal case. ~~in the State of West Virginia.~~
§51-10-4. Attorneys procuring employment through official or bondsman for consideration prohibited.
It ~~shall be~~ is unlawful for any attorney at law, either directly or indirectly, to give, loan, donate, contribute or to promise to give, loan, donate or contribute any money, property, entertainment or other thing of value ~~whatsoever~~ to, or to split or divide any fee or commission with, any bondsman, police officer, sheriff, deputy sheriff, ~~constable,~~ probation officer, assistant probation officer, bailiff, clerk or other attache of any criminal court for causing or procuring or assisting in causing or procuring any person to employ ~~such~~ the attorney to represent him in any criminal case in the State of West Virginia.
§51-10-5. Receiving other than regular fee for bonding prohibited; bondsman prohibited from endeavoring to secure dismissal or settlement.
(a) It ~~shall be~~ is lawful to charge for executing any bond in a criminal case. ~~in the State of West Virginia, and~~
(b) It ~~shall be~~ is unlawful for any person or corporation engaged in the bonding business, either as principal or clerk, agent or representative of another, either directly or indirectly, to charge, accept or receive any sum of money, or other thing of value, other than the bonding fee from any person for whom he has executed bond, for any other service whatever performed in connection with any indictment or charge, upon which ~~said~~ the person is bailed ~~or held in the State of West Virginia,~~ or in any counties where the court has regulated bonding fees pursuant to section ~~eight~~ nine of this article.
(c) It ~~shall be~~ is unlawful for any person or corporation engaged in the bonding business, either as principal, clerk, agent or representative of another, either directly or indirectly, to charge, accept, or receive any sum of money or other thing of value other than the duly authorized maximum bonding fee, from any person for whom he or she has executed bond, for any other service whatever performed in connection with any indictment or charge upon which ~~said~~ the person is bailed or held in ~~the State of~~ West Virginia.
(d) It ~~also shall be~~ is unlawful for any person or corporation engaged either as principal or as agent, clerk or representative of another in the bonding business, to settle, or attempt to settle or to procure or attempt to procure the dismissal of any indictment, information or charge against any person in custody or held upon bond in ~~the State of~~ West Virginia, with any court, or with the prosecuting attorney or with any police officer in any court. ~~in the State of West Virginia.~~
§51-10-5a. Fees and collateral security required by bondsmen.
(a) The fee required by bail bondsmen shall be at least ten percent of the amount of the bond. Fees (including personal property, real property, indemnity agreement and guarantee) received by such licensee shall not, in the aggregate, exceed the amount of the bond.
At the discretion of the bail bondsman, the fee may be paid as follows:
(1) A minimum of a three percent down payment shall be required at the issuance of bond;
(2) The remaining percentage shall be paid over a period not to exceed twelve months;
(b) When collateral or security is received by a bail bondsman a receipt shall be furnished to the defendant. Copies of all receipts issued shall be kept by the bail bondsman. All receipts issued shall:
(1) Be prenumbered by the printer and used and filed in consecutive numerical order;
(2) Show the name and address of the bail bondsman;
(3) Show the amount of collateral and date received;
(4) Show the name of the person accepting collateral; and
(5) Show the total amount of the bond for which the collateral is being accepted and the name of the defendant.
(c) When a bail bond is to be forfeited, the court is to give notification to the bail bondsman within twenty-four hours of failure to appear.
§51-10-6. Posting names of authorized bondsmen; list to be furnished prisoners; prisoner may communicate with bondsman; record to be kept by police.
(a) ~~A typewritten or printed list alphabetically arranged~~ An alphabetical list of all persons engaged ~~under the authority of any courts of record pursuant to section eight of this article,~~ in the bail bonding business and licensed by the Insurance Commission ~~of becoming surety on the bonds for compensation~~ shall be posted in a conspicuous place in each police precinct, jail, prisoner's dock, house of detention, municipal court and ~~justice of the peace court within the county,~~ magistrate court. ~~and one or more copies thereof kept on hand; and~~ Copies of such list shall be kept on hand by the person in charge of the office.
_(b) When any person who is detained in custody in any such place of detention shall request any person in charge thereof to furnish him the name of a bondsman, or to put him in communication with a bondsman, said list shall be furnished to the person so requesting, When any person is detained in custody in any place of detention requests bail bondsman information, the alphabetical list shall be furnished to the person. The person in charge of the place of detention shall within a reasonable time to put the person so detained in communication with the bondsman so selected by the person in detention.
_(c) ~~and it shall be the duty of the~~ The person in charge of ~~said~~ the place of detention ~~within a reasonable time to put the person so detained in communication with the bondsman so selected, and the person in charge of said place of detention~~ shall contemporaneously with ~~said~~ the transaction make in the blotter or book of record kept in ~~any such~~ the place of detention, a record showing the name of the person requesting the bondsman, the offense with which the ~~said~~ person is charged, the time at which the request was made, the bondsman requested and the person by whom the ~~said~~ bondsman was called, and preserve the same as a permanent record in the book or blotter in which entered.
(d) The person in charge or any other employee, contractor, agent, assign or staff member of the place of detention shall not make any recommendation, direct or indirect, to the person in detention regarding a preference for a bondsman.
§51-10-7. Bondsman prohibited from entering place of detention unless requested by prisoner; record of visit to be kept.
(a) It ~~shall be~~ is unlawful for any bondsman, agent, clerk or representative of any bondsman to enter a police precinct, jail, prisoner's dock, house of detention, ~~justice of the peace court,~~ magistrate court or other place where persons in the custody of the law are detained: ~~in the State of West Virginia,~~
(1) For the purpose of obtaining employment as a bondsman;
(2) Without having been previously called by a person so detained, or by some relative or other authorized person acting for or on behalf of the person so detained; ~~and whenever~~
(b) When any person engaged in the bonding business as principal, or as clerk or representative of another, ~~shall enter~~ enters a police precinct, jail, prisoner's dock, house of detention, ~~justice of the peace court,~~ magistrate court or other place where persons in the custody of the law are detained, ~~in the State of West Virginia,~~ he or she shall ~~forthwith~~ immediately give to the person in charge ~~thereof~~ his ~~mission there,~~ or her purpose, the name of the person calling him or her, and requesting him or her to come, ~~to such place,~~ and the same shall be recorded by the person in charge of the ~~said~~ place of detention and preserved as a public record. ~~and~~
(c) ~~The failure~~ Failure to ~~give such~~ provide the information, or the failure of the person in charge of ~~said~~ the place of detention to make and preserve ~~such~~ a record, shall constitute a violation of this article.
§51-10-8. Qualifications of bondsmen; rules to be prescribed by Supreme Court of Appeals; lists of agents to be furnished; renewal of authority to act; false swearing.
(a) The ~~Supreme Court of Appeals~~ commissioner shall~~, under reasonable rules, specify~~ promulgate legislative rules as he or she considers necessary to carry out the intent, the administration and enforcement of this article, which rules shall be promulgated in accordance with article three, chapter twenty-nine-a of this code.
(b) The rules shall provide for the qualifications of persons ~~and corporations~~ applying for authority to engage in the bonding business in criminal cases ~~in the State of West Virginia,~~ and the terms and conditions upon which the business may be carried on.
After September 1, 2004, no person or corporation may, either as principal, or as agent, clerk, or representative of another, engage in the bonding business in any court regularly exercising criminal jurisdiction until qualified pursuant to the rules. The Supreme Court of Appeals,
(c) The commissioner, in making the rules, and in granting authority to persons ~~to engage~~ engaged in the bonding business, shall take into consideration both the financial responsibility and the moral qualities of the person so applying, and no person may be permitted to engage, either as principal or agent, in the business of becoming surety upon bonds for compensation in criminal cases, who has ever been convicted of any offense involving moral turpitude, or who is not known to be a person of good moral character.
(d) That the applicant shall provide a qualifying power of attorney from an insurer or delivers a mortgage or lien on real property or negotiable instruments, upon which he or she may provide bail bonds equivalent to two times the amount of such collateral. Such limitations shall not apply where a qualified power of attorney is provided by a regulated insurer or surety company.
_(e) That the applicant shall provide a criminal background check summary which displays the moral qualities of the person so applying._
_(f) The ~~court~~ commission shall require every person qualifying to engage in the bonding business as principal:
(1) To file with the court a list showing the name, age and residence of each person employed by the bondsman as agent, clerk or representative in the bonding business and require an affidavit from each of the persons stating that the person will abide by the terms and provisions of this article.
(g) The ~~court~~ commission shall require ~~the authority of~~ each ~~of the persons to be renewed from time to time at periods the court may by rule provide. Before the authority may be renewed the court shall require from each of the persons~~ person authorized as a bail bondsman to renew every three years and file:
_(1) An affidavit stating that since his or her previous qualifications to engage in the bonding business he or she has abided by the provisions of this article, and any person swearing falsely in any of the affidavits is guilty of false swearing; and
_(2) No person seeking to renew his or her qualifications shall be required to submit to the property and casualty licensing procedures for a second time unless he or she has voluntarily terminated his or her qualifications.
_(h) A person operating as a self-insured producer shall provide a monthly report indicating:
_(1) The total number of bail bonds provided in the preceding month; and
_(2) The value of those bonds and the total amount of outstanding collateral remaining upon which bonds may be secured. If the total value of bonds exceeds two times the value of the collateral, the bondsman shall cease operating until the following quarter when he or she provides a report to the commission indicating unencumbered collateral exists to secure the bonds provided by him or her.
_(i) The commission shall furnish an alphabetical list of all approved bail bondsmen to the each place of detention.
_(j) After September 1, 2014, no persons may, either as principal or as agent, clerk or representative of another, engage in the bonding business in any court regularly exercising criminal jurisdiction until qualified pursuant to the rules.
_(b) Persons authorized to engage in the bonding business in criminal cases in the State of West Virginia on the effective date of the amendments made to this section during the regular session of the Legislature in 2004 may continue to engage in the business until September 1, 2004.
§51-10-9. Penalties.
Any person violating any provisions of this article other than in the commission of false swearing shall be punished by a fine of not more than ~~$100,~~ $2,000, or by imprisonment not exceeding six months in the county jail, or both, where no other penalty is provided by this article; and if the person so convicted be is a police officer or other public official, he or she shall upon recommendation of the judge ~~of the criminal court of record of the county to which this article is applicable also~~ be ~~forthwith~~ removed from office; if a bondsman, or the agent, clerk, or representative of a bondsman, he or she shall be disqualified from thereafter engaging in any manner in the bonding business ~~for such a period of time as the judge of the criminal court of record of the county to which this article is applicable shall order;~~ and, if an attorney at law, shall be subject to suspension or disbarment. ~~as attorney at law.~~
§51-10-10. Enforcement of article.
It shall be the duty of the judges of the criminal courts of record, the municipal courts and magistrates where a person authorized to engage in the bail bonding business conducts his or her business to see that this article is enforced, and upon the impaneling of each grand jury, it shall be the duty of the judge impaneling said jury to give it in charge to the jury to investigate the manner in which this article is enforced and all violations thereof. If an individual is found in violation of the terms of this article and sentenced pursuant to section ten, then the clerk of the court shall send a copy of the order of conviction to the commission which shall terminate the license of the sentenced individual.
CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 11C. THE WEST VIRGINIA COMMUNITY CORRECTIONS ACT.
§62-11C-5. Establishment of programs.
(a) Any county or combination of counties or a county or counties and a Class I or II municipality may establish and operate community corrections programs, as provided ~~for~~ in this section, to be used both prior to trial as a condition of bond in circuit and magistrate court, as well as an alternative sentencing option for those offenders sentenced within the jurisdiction of the county or counties which establish and operate the program: Provided, That the chief judge must certify that the community corrections facility is available for use in connection with the imposition of pretrial bond conditions.
(b) Any county or combination of counties or a county or counties and a Class I or II municipality that seek to establish programs as authorized in this section shall submit plans and specifications for the programs to be established, including proposed budgets, for review and approval by the community corrections subcommittee established in section three of this article.
(c) Any county or combination of counties or a county or counties and a Class I or II municipality may establish and operate an approved community corrections program to provide alternative sanctioning options for an offender who is convicted of an offense for which he or she may be sentenced to a period of incarceration in a county or regional jail or a state correctional facility and for which probation or home incarceration may be imposed as an alternative to incarceration.
(d) Community corrections programs authorized by subsection (a) of this section may provide, but are not limited to providing, any of the following services:
(1) Probation supervision programs;
(2) ~~Day fine programs;~~
~~(3)~~ Community service restitution programs;
~~(4)~~ (3) Home incarceration programs;
~~(5)~~ (4) Substance abuse treatment programs;
~~(6)~~ (5) Sex offender containment programs;
~~(7)~~ (6) Licensed domestic violence offender treatment programs;
~~(8)~~ (7) Day reporting centers;
~~(9)~~ (8) Educational or counseling programs;
~~(10)~~ (9) Drug courts; or
~~(11)~~ (10) Community beautification and reclamation programs for state highways, municipal, county and state parks and recreation areas and community gardens; and
_(11) Pretrial release programs.
(e) A county or combination of counties or a county or counties and a Class I or II municipality which establish and operate community corrections programs as provided ~~for~~ in this section may contract with other counties to provide community corrections services.
(f) For purposes of this section, the phrase "may be sentenced to a period of incarceration" means that the statute defining the offense provides for a period of incarceration as a possible penalty.
(g) No provision of this article may be construed to allow a person participating in or under the supervision of a community corrections program to earn good time or any other reduction in sentence.
(h) Nothing in this section should be construed as to prohibit a court from imposing a surety bond as a condition of a pretrial release.
§62-11C-7. Supervision or participation fee.
(a) A circuit judge, magistrate, municipal court judge or community criminal justice board may require the payment of a supervision or participation fee from any person required to be supervised by or participate in a community corrections program. The circuit judge, magistrate, municipal court judge or community criminal justice board shall consider the person's ability to pay in determining the imposition and amount of the fee.
_(b) A circuit judge, magistrate or community criminal justice board may require payment of a supervision or participation fee of $7 per person per day of pretrial supervision from the county commission pursuant to a pretrial release program established pursuant to article eleven-f of this chapter.
_(c) A person supervised pursuant to the provisions of article eleven-f of this chapter who is later convicted of an offense or offenses underlying the person's participation in the pretrial release program, may be assessed by the sentencing court, as a cost of prosecution, a fee not to exceed $30 per month for each month the person was in the pretrial supervision program.
_~~(b)~~ (d) All fees ordered by the circuit court, magistrate court, municipal court or community criminal justice board pursuant to this section are to be paid to the community criminal justice board, who shall remit the fees monthly to the treasurer of the county designated as the fiscal agent for the board pursuant to section six of this article.
ARTICLE 11F. PRETRIAL RELEASE PROGRAMS.
§62-11F-1. Applicability.
This article applies to adult charged with one or more misdemeanors or felonies and who are incarcerated in a regional jail prior to adjudication due to his or her inability to post bond.
§62-11F-2. Establishment of pretrial release programs.
(a) Legislative findings and purpose: It is the purpose of pretrial release programs to employ recommendations from the Council of State Government's Justice Center's Analyses and Policy Options to Reduce Spending on Corrections and Reinvest in Strategies to Increase Public Safety by providing for uniform statewide risk assessment and monitoring of those released prior to trial, facilitating a statewide response to the problem of overcrowded regional jails and costs to county commissions.
(b) Any county, circuit or combination thereof that establishes a pretrial program pursuant to this article shall establish a local community pretrial committee that consists of:
(1) A prosecutor or his or her designee;
(2) A county commissioner, or his or her designee;
(3) A sheriff, or his or her designee;
(4) An executive director of a community corrections program, or his or her designee;
(5) A chief probation officer, or his or her designee; and
(6) A member of the criminal defense bar.
(c) Pretrial release programs may monitor, supervise and assist defendants released prior to trial.
(d) Nothing in this article should be construed to prohibit a court from requiring a defendant to post a secured bond as a condition of pretrial release.
(e) In addition to funding provided pursuant to subsection (c), section three, pretrial release programs may be funded by appropriations made to the Supreme Court of Appeals for such purpose.
§62-11F-3. Pretrial release program guidelines.
(a) The Supreme Court of Appeals has complete oversight and authority over all pretrial services.
(b) The Supreme Court of Appeals shall establish recommended guidelines for pretrial programs to use when ordering pretrial release for defendants whose pretrial risk assessment indicate that they are an appropriate candidate for pretrial release.
(c) The Community Corrections Subcommittee of the Governor's Committee on Crime, Delinquency and Correction, pursuant to section two, article eleven-c, chapter sixty-two of this code, shall approve policy and funding for the development, maintenance and evaluation of pretrial release programs. Any county, circuit or combination thereof that establishes a pretrial program intended to provide pretrial release services shall submit a grant proposal to the Community Corrections Subcommittee of the Governor's Committee on Crime, Delinquency and Correction for review and approval.
§62-11F-4. Pretrial release assessment.
The Supreme Court of Appeals of West Virginia may adopt a standardized pretrial risk assessment for use by pretrial release programs to aid in making pretrial decisions under article one-c of this chapter.
§62-11F-5. Role of pretrial release programs.
(a) A pretrial release program established pursuant to this article, shall:
(1) Collect and present the necessary information, present risk assessment and make release recommendations to the court;
(2) Present information to the court relating to the risk defendants may pose in failing to appear in court or of threatening the safety of the community or any other person and, consistent with court policy, develop release recommendations responding to risk;
(3) Develop and provide appropriate and effective supervision for all persons released pending adjudication who are assigned supervision as a condition of release;
(4) Monitor compliance of released defendants with the requirements of assigned release conditions;
(5) Promptly inform the court of all apparent violations of pretrial release conditions or arrests of persons released pending trial, including those directly supervised by pretrial services as well as those released under other forms of conditional release, and recommend appropriate modifications of release conditions;
(6) Coordinate the services of other agencies, individuals or organizations that may serve as custodians for released defendants, and advise the court as to their appropriateness, availability, reliability and capacity relating to pretrial release conditions;
(7) Review the status of detained defendants on ongoing basis for any changes in eligibility for release options and facilitate their release as soon as feasible and appropriate;
(8) Develop and operate an accurate information management system to support prompt identification, information collections and presentation, risk assessment, release conditions selection, compliance monitoring and detention review functions essential to an effective pretrial release program; and
(9) Remind persons released before trial of their court dates to attempt to facilitate their court appearance.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 307--A Bill to amend and reenact §51-10-1, §51-10-2, §51-10-3, §51-10-4, §51-10-5, §51-10-6, §51-10-7, §51-10-8, §51-10-9 and §51-10-10 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §51-10-5a; to amend and reenact §62-11C-5 and §62-11C-7 of said code; and to amend said code by adding thereto a new article, designated §62-11F-1, §62-11F-2, §62-11F-3, §62-11F-4 and §62-11F-5, all relating to the disposition of persons charged with committing a crime; regulating bail bondsmen in criminal cases; prohibiting certain conduct by bail bondsmen; regulating fees charged by bail bondsmen; requiring the posting of the names of licensed bail bondsmen; authorizing the Commissioner of the West Virginia Insurance Commission to regulate bail bondsmen; authorizing the Insurance Commissioner to proposed legislative rules; updating penalties for violations; requiring judges and magistrates to enforce the provisions of law related to the regulation of bail bondsmen; authorizing pretrial release programs; permitting certain fees to be assessed to county commissions; permitting certain fees to be assessed to persons on pretrial release upon subsequent conviction; stating applicability of pretrial release programs; establishing guidelines for pretrial release programs; providing for potential funding sources; requiring community pretrial committees to recommend release of certain persons facing criminal charges who are in regional jails prior to adjudication; setting forth the duties of pretrial release programs; clarifying that a circuit judge or a magistrate may impose a secured bond on participants in pretrial release programs; and removing "day fine programs" from the list of authorized community corrections programs.
On motion of Senator Unger, the following amendments to the House of Delegates amendments to the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 307)were reported by the Clerk, considered simultaneously, and adopted:
On page twelve, section eight, subsection (j), by striking out "2014" and inserting in lieu thereof "2015";
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 307--A Bill to amend and reenact §51-10-1, §51-10-2, §51-10-3, §51-10-4, §51-10-5, §51-10-6, §51-10-7, §51-10-8, §51-10-9 and §51-10-10 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §51-10-5a; to amend and reenact §62-11C-5 and §62-11C-7 of said code; and to amend said code by adding thereto a new article, designated §62-11F-1, §62-11F-2, §62-11F-3, §62-11F-4 and §62-11F-5, all relating to the disposition of persons charged with committing a crime; regulating bail bondsmen in criminal cases; prohibiting certain conduct by bail bondsmen; regulating fees charged by bail bondsmen; requiring the posting of the names of licensed bail bondsmen; authorizing the Commissioner of the West Virginia Insurance Commission to regulate bail bondsmen; authorizing the Insurance Commissioner to proposed legislative rules; updating penalties for violations; establishing an internal effective date for bail bondsman compliance; requiring judges and magistrates to enforce the provisions of law related to the regulation of bail bondsmen; authorizing pretrial release programs; permitting certain fees to be assessed to county commissions; permitting certain fees to be assessed to persons on pretrial release upon subsequent conviction; stating applicability of pretrial release programs; establishing guidelines for pretrial release programs; providing for potential funding sources; requiring community pretrial committees to recommend release of certain persons facing criminal charges who are in regional jails prior to adjudication; setting forth the duties of pretrial release programs; clarifying that a circuit judge or a magistrate may impose a secured bond on participants in pretrial release programs; and removing "day fine programs" from the list of authorized community corrections programs.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments, as amended.
Engrossed Committee Substitute for Senate Bill No. 307, 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 S. B. No. 307) passed with its Senate amended 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 10 p.m. tonight.
Upon expiration of the recess, the Senate reconvened and resumed business under the third order.
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, Creating Future Fund.
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 13A. SEVERANCE AND BUSINESS PRIVILEGE TAX ACT.
§11-13A-5b. Creation of West Virginia Future Fund; legislative intent; calculation of deposits from excess severance tax revenues; permissible uses of investment income and limitations on expenditures; definitions.
          (a) There is hereby created in the State Treasury a special revenue account, designated the West Virginia Future Fund, which is an interest-bearing account and may be invested by the West Virginia Investment Management Board in the manner permitted by the provisions of article six, chapter twelve of this code, with the investment income to be credited to the fund and deposited in the special revenue account.
          (b) The Legislature declares its intention to use the fund as a means of conserving a portion of the state's revenue derived from the increased revenue proceeds received by the state as a result of any mineral production as well as other funding sources as the Legislature may designate in order to meet future needs. The principal of the fund shall remain inviolate and no portion of the principal may be appropriated, expended or encumbered by the Legislature or any official of the state. Only the investment income of this fund may be appropriated and expended: Provided, That no more than the average net investment return for the immediately preceding five fiscal years may be appropriated or expended in any one fiscal year.
          (c) Notwithstanding any provision of this code to the contrary, for the fiscal year beginning July 1, 2014, and each year thereafter, the Secretary of Revenue shall cause to be deposited in this fund three percent of the annual severance tax revenue which would otherwise be deposited into the General Revenue Fund which is attributable to the severance of coal, limestone, sandstone, natural gas and oil and collected and received pursuant to the provisions of sections three and three-a, article thirteen-a, chapter eleven of this code: Provided, That these deposits shall only be made during fiscal years within which the balance of the Revenue Shortfall Reserve Fund equals or exceeds thirteen percent of the state's General Revenue Fund budget for the fiscal year just ended as determined within sixty days of the end of that prior fiscal year as provided by subsection (b), section twenty, article two, chapter eleven-b: Provided, however, That these deposits shall not be made in any fiscal year in which the Governor's General Revenue Fund estimate relies on transfers from the Revenue Shortfall Reserve Fund: Provided further, That these deposits shall not be made in any fiscal year for which mid-year spending reductions, hiring freezes, mid-year decreases in appropriations or transfers from the Revenue Shortfall Reserve Fund are necessitated due to revenue shortfalls or would be necessitated if the deposits were to be made: And provided further, That amounts that may be deposited into the fund in error or found later to be subject to these limitations, shall be redeposited into the General Revenue Fund. The Legislature may, by general appropriation or by designation of other funding sources, deposit into the fund additional moneys as it considers appropriate.
          (d) In order to maximize the value of the fund, no money from the fund may be expended or appropriated until fiscal year 2020 and, thereafter, the Legislature may appropriate, subject to the limitations provided in this section, from the fund solely for enhancing education and workforce development, economic development and diversification, infrastructure improvements and tax relief measures for the benefit of the citizens and businesses of the State of West Virginia.
     (e) For purposes of this section:
     (1) "Economic development and diversification" means fostering economic growth and development in the state, including commercial, industrial, community, cultural or historical improvements; or preservation or other proper purposes.
     (2) "Infrastructure improvements" means fostering infrastructure improvements including, but not limited to, post- mining land use, water or wastewater facilities or a part thereof, storm water systems, steam, gas, telephone and telecommunications, broadband development, electric lines and installations, roads, bridges, railroad spurs, drainage and flood control facilities, industrial park development or buildings that promote job creation and retention.;
     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 adding thereto a new section, designated §11-13A-5b, relating to creation of a Future Fund for conserving a portion of proceeds from certain severance tax revenues for future expenditures; creating an interest-bearing special revenue account; authorizing the West Virginia Investment Management Board to invest moneys of the fund; providing that the principal of the fund be inviolate and that only the investment income may be expended; providing for contributions to the fund from a portion of revenues collected from certain severance taxes; prohibiting appropriation and expenditure from the fund until fiscal year 2020; limiting of amount of appropriation from the fund in certain circumstances; requiring moneys to be expended solely for enhancing education and workforce development; economic development and diversification; infrastructure improvements; tax relief measures for the benefit of the citizens and businesses of the State of West Virginia; and defining certain terms.
     Senator Unger moved that the Senate concur in the House of Delegates amendments to the bill.
     Following discussion,
     The question being on the adoption of Senator Unger's aforestated motion, the same was put and prevailed.
     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, Boley, Cann, 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)--32.
     The nays were: Blair and Carmichael--2.
     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.
     The Senate proceeded to the fifth order of business.
     Senator Tucker, from the committee of conference on matters of disagreement between the two houses, as to
     Eng. Com. Sub. for Senate Bill No. 477, Providing teachers determine use of time during planning period.
     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. 477 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 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-14. Duty-free lunch and daily planning period for certain employees.
               (a) Notwithstanding the provisions of section seven, article two of this chapter, every teacher who is employed for a period of time more than one half the class periods of the regular school day and every service person whose employment is for a period of more than three and one-half hours per day and whose pay is at least the amount indicated in the state minimum pay scale as set forth in section eight-a of this article shall be provided a daily lunch recess of not less than thirty consecutive minutes, and the employee shall not be assigned any responsibilities during this recess. The recess shall be included in the number of hours worked, and no county shall increase the number of hours to be worked by an employee as a result of the employee being granted a recess under the provisions of this section.
               (b) Every teacher who is regularly employed for a period of time more than one half the class periods of the regular school day shall be provided at least one planning period within each school instructional day to be used to complete necessary preparations for the instruction of pupils. No teacher may be assigned any responsibilities during this period, and no county shall increase the number of hours to be worked by a teacher as a result of such teacher being granted a planning period subsequent to the adoption of this section (March 13, 1982). The use of the entire period of time allotted for a planning period is determined by the teacher. Administrators may not require a teacher to attend meetings, training or any other work-related event during a planning period. This does not prohibit any teacher from participating in school- related activities, teacher evaluation conferences or conducting school-related meetings, as prescribed, at his or her discretion. "Meeting" for the purpose of this section includes, but is not limited to, IEP meetings, 504 Plan meetings, team meetings and parent-teacher conferences. A planning period begins once students are physically delivered to another teacher or dismissed from a class.
               The duration of the planning period shall be in accordance with the following:
               (1) For grades where the majority of the student instruction is delivered by only one teacher, the planning period shall be no less than forty minutes; and
               (2) For grades where students take separate courses during at least four separate periods of instruction, most usually delivered by different teachers for each subject, the planning period shall be the length of the usual class period taught by the teacher, but no less than forty minutes. Principals, and assistant principals, where applicable, shall cooperate in carrying out the provisions of this subsection, including, but not limited to, assuming control of the class period or supervision of students during the time the teacher is engaged in the planning period. Substitute teachers may also be utilized to assist with classroom responsibilities under this subsection: Provided, That any substitute teacher who is employed to teach a minimum of two consecutive days in the same position shall be granted a planning period pursuant to this section.
               (c) Nothing in this section prevents any teacher from exchanging his or her lunch recess or a planning period or any service person from exchanging his or her lunch recess for any compensation or benefit mutually agreed upon by the employee and the county superintendent or his or her agent: Provided, That a teacher and the superintendent or his or her agent may not agree to terms which are different from those available to any other teacher granted rights under this section within the individual school or to terms which in any way discriminate among those teachers within the individual school, and a service person granted rights under this section and the superintendent or his or her agent may not agree to terms which are different from those available to any other service personnel within the same classification category granted rights under this section within the individual school or to terms which in any way discriminate among those service personnel within the same classification category within the individual school.
               (d) The state board shall conduct a study on planning periods. The study shall include, but not be limited to, the appropriate length for planning periods at the various grade levels and for the different types of class schedules. The board shall report its findings and recommendations to the Legislative Oversight Commission on Education Accountability no later than December 31, 2013.;
               And,
     That both houses recede from their respective positions as to the title of the bill and agree to the same as follows:
     Eng. Com. Sub. for Senate Bill No. 477--A Bill to amend and reenact §18A-4-14 of the Code of West Virginia, 1931, as amended, relating to daily planning periods for certain school employees; providing that teachers determine the use of time for a planning period; prohibiting administrators from requiring teachers to attend meetings, training or work-related events during planning period; allowing for teacher discretion; defining "meeting"; and setting forth when a planning period begins.
                              Respectfully submitted,
     Gregory A. Tucker, Chair, Daniel Hall, Donna J. Boley, Conferees on the part of the Senate.
     Dave Pethtel, Chair, Linda Sumner, Larry A. Williams, Conferees on the part of the House of Delegates.
     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 Senate Bill No. 477, as amended by the conference report, was then put upon its passage.
     On the passage of the bill, as amended, the yeas were: Beach, Boley, Cann, 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)--30.
     The nays were: Barnes, Blair, Carmichael and M. Hall--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 S. B. No. 477) passed with its title.
     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 adoption by that body of the committee of conference report, passage as amended by the conference report with its conference amended title, and requested the concurrence of the Senate in the adoption thereof, as to
     Eng. Com. Sub. for House Bill No. 4208, Banning synthetic hallucinogens.
     Whereupon, Senator Stollings, from the committee of conference on matters of disagreement between the two houses, as to
     Eng. Com. Sub. for House Bill No. 4208, Banning synthetic hallucinogens.
     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. 4208 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
     That the House of Delegates agree to the amendment of the Senate to the bill striking out everything after the enacting clause, except:
     That the Senate recede from its amendment on page thirty- three, section two hundred eight, subsection (b), subdivision (6), and that both houses agree to strike out all of subdivision (6);
     That the Senate recede from its amendment on page thirty- seven, section two hundred eight, subsection (e), after paragraph (B), and that both houses agree to inserting two new paragraphs, designated paragraphs (C) and (D), to read as follows:
     "(C) Not more than 300 milligrams of dihydrocodeinone (hydrocodone) per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium: Provided, That a prescription for this may not be filled for more than a one-month supply or filled or refilled more than three months after the date of the original prescription. Such prescription may not be refilled more than twice;
     (D) Not more than 300 milligrams of dihydrocodeinone (hydrocodone) per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts: Provided, That a prescription for this product may not be filled for more than a one-month supply or filled or refilled more than three months after the date of the original prescription. Such prescription may not be refilled more than twice;";
     And by relettering the remaining paragraphs;
     And,
     That both houses recede from their respective positions as to the title of the bill and agree to the same as follows:
     Eng. Com. Sub. for House Bill No. 4208--A Bill to amend and reenact §60A-1-101 of the Code of West Virginia, 1931, as amended; to amend and reenact §60A-2-204; §60A-2-206, §60A-2-208, §60A-2-210 and §60A-2-212 of said code; and to amend and reenact §60A-3-308 of said code, all relating generally to controlled substances; modifying the lists of scheduled controlled drugs; limiting the refills of hydrocodone in Schedule III; making tramadol hydrochloride a Schedule IV controlled substance; adding certain synthetic drugs to the list of scheduled controlled substances; modifying and including definitions; and modifying manner in which buprenorphine and naloxone may be prescribed.
                              Respectfully submitted,
     Don C. Perdue, Chair, Meshea L. Poore, Joe Ellington, Conferees on the part of the House of Delegates.
     Ron Stollings, Chair, Donald H. Cookman, David C. Nohe, Conferees on the part of the Senate.
     Senator Stollings, Senate cochair of the committee of conference, was recognized to explain the report.
     Thereafter, on motion of Senator Stollings, the report was taken up for immediate consideration and adopted.
     Engrossed Committee Substitute for House Bill No. 4208, 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. 4208) 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 adoption by that body of the committee of conference report, passage as amended by the conference report with its conference amended title, and requested the concurrence of the Senate in the adoption thereof, as to
     Eng. House Bill No. 4619, Authorizing innovation school districts.
     Whereupon, Senator Wells, from the committee of conference on matters of disagreement between the two houses as to
     Eng. House Bill No. 4619, Authorizing innovation school districts.
     Submitted the following report, which was received:
     Your committee of conference on the disagreeing votes of the two houses as to the amendment of the Senate to Engrossed House Bill No. 4619 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 amendments of the Senate and agree to the same as follows:
     On page four, section three, lines forty-eight through fifty- six, by striking out all of subsection (d) and inserting in lieu thereof a new subsection, designated subsection (d), to read as follows:
     (d) When designating innovation zones under these provisions following the amendment and reenactment of this section by the Legislature at its regular session 2014, and for each of the four succeeding school years, the state board shall establish a priority for applications that include the establishment of entrepreneurship education programs as a curricular offering for students. To qualify under this priority, the program strategy must include the active involvement of one or more partners from the business community in program delivery. Nothing in this subsection requires the state board to designate all applicants that include the establishment of entrepreneurship education programs as innovation zones, or to exclude other qualified applicants for innovations in other areas from designation.;
     On page nine, section thirteen, lines eighty through eighty- eight, by striking out all of subsection (c) and inserting in lieu thereof a new subsection, designated subsection (c), to read as follows:
     (c) School System Eligibility:
     All county boards are eligible to apply for designation as an innovation school district: Provided, That a district that has expended funds or incurred obligations in violation of section twenty-six, article eight, chapter eleven of this code is not eligible to apply for designation as an innovation school district, unless otherwise determined by the state board. The applications shall be taken in four categories: Sparse Density County; Low Density County; Medium Density County; and High Density County, as those terms are defined in section two, article nine-a of this chapter. The state board is authorized to designate no more than one county from each category as an innovation school district beginning July 1, 2015: Provided, That the state board, after July 1, 2016, may designate one additional county from each category as an innovation school district as long as the number of counties designated at any one time does not exceed two counties from each category as innovation school districts, subject to other considerations included herein. The designation of counties as innovation school districts shall be on a competitive basis;
     On page ten, section thirteen, line one hundred five, by striking out the word "two" and inserting in lieu thereof the words "number allowed by subsection (c) of this section";
     On page ten, section thirteen, line one hundred eight, by striking out the word "two" and inserting in lieu thereof the words "number allowed by subsection (c) of this section";
     On page sixteen, section thirteen, line two hundred nineteen, by striking out the word "hearings" and inserting in lieu thereof the words "town hall meetings";
     On page sixteen, section thirteen, line two hundred nineteen, by striking out "(2)" and inserting in lieu thereof "(4)";
     On page twenty, section thirteen, line three hundred thirteen, by striking out the word "thirty" and inserting in lieu thereof the word "sixty";
     On page twenty-three, section thirteen, line three hundred fifty-seven, by striking out "(l)" and inserting in lieu thereof "(i)";
     On page twenty-three, section thirteen, line three hundred seventy-six, by striking out "(m)" and inserting in lieu thereof "(j)";
     On page twenty-four, section thirteen, line three hundred eighty-two, by striking out "(o)" and inserting in lieu thereof "(k)";
     And,
     That both houses recede from their positions as to the title of the bill and agree to the same as follows:
     Eng. House Bill No. 4619--A Bill to amend and reenact §18-5B-3 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-5B-13, all relating to School Innovation Zones Act; providing limited priority for limited years for certain entrepreneurship education innovation zones; authorizing innovation school districts; making legislative findings and providing intent and purpose of section; school system eligibility and application categories; providing for application process, review, content and periods; innovation school district plan purpose and content; plan development, approval and submission to state board; state board designation of innovation school districts; affect of designation and process for waiver of statutes, policies, rules and interpretations; limitation on waivers; revision and extension of plans; revocation of designation; affect of plan expiration on innovations; requiring state board rule; and annual review.
                              Respectfully submitted,
     Tiffany Elizabeth Lawrence, Chair, Adam R. Young, Roy G. Cooper, Conferees on the part of the House of Delegates.
     Erik P. Wells, Chair, Robert D. Beach, Evan H. Jenkins, Conferees on the part of the Senate.
     On motions of Senator Wells, severally made, the report of the committee of conference was taken up for immediate consideration and adopted.
     Engrossed House Bill No. 4619, 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. H. B. No. 4619) 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 from passage, and requested the concurrence of the Senate in the House of Delegates amendment, as to
     Eng. Com. Sub. for Senate Bill No. 140, 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 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 10. AUTHORIZATION FOR BUREAU OF COMMERCE TO PROMULGATE LEGISLATIVE RULES.
§64-10-1. Office of Miners' Health, Safety and Training.
     (a) The legislative rule filed in the State Register on March 26, 2013, authorized under the authority of section six, article one, chapter twenty-two-a of this code, relating to the Office of Miners' Health, Safety and Training (assessing health and safety violation penalties, 56 CSR 12 ), is authorized.
     (b) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section four, article one, chapter twenty-two-a of this code, relating to the Office of Miners' Health, Safety and Training (program for the sharing of information between employers, 56 CSR 18 ), is authorized.
     (c) The legislative rule filed in the State Register on March 26, 2013, authorized under the authority of section fourteen, article six, chapter twenty-two-a of this code, modified by the Office of Miners' Health, Safety and Training to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 20, 2013, relating to the Office of Miners' Health, Safety and Training (substance abuse screening, standards and procedure, 56 CSR 19 ), is authorized with the following amendments:
     On page two, after subsection 3.7, by inserting a new subsection, designated subsection 3.8, to read as follows:
     3.8. Duly licensed, mental health professional. The term "duly licensed, mental health professional" means a psychiatrist, psychologist, professional counselor or substance abuse counselor in the United States who is licensed by, and in good standing with, the licensing authority of the jurisdiction in which the person practices.;
     And by renumbering the remaining subsections;
     On page four, subsection 3.17, by striking out the word "accidents" and inserting in lieu thereof the word "accident";
     On page six, by striking out all of subsection 4.7 and inserting in lieu thereof a new subsection, designated subsection 4.7, to read as follows:
     4.7. Any applicant, who is adversely affected by a decision of the Director following a hearing on an application for safety-sensitive certification, may petition for judicial review of the Director's decision in the Circuit Court of Kanawha County or in the circuit court of the county in which the applicant resides, pursuant to the provisions of W. Va. Code § 29A-5-4.;
     On page six, subsection 4.8, by striking out the word "shall" and inserting in lieu thereof the word "may";
     On page six, subsection 5.2, by striking out subsection 5.2 in its entirety and inserting in lieu thereof, a new subsection 5.2 to read as follows: Every employer's program shall at a minimum comply with all state mine laws relevant to substance abuse screening, standards and procedures.;
     On page seven, subdivision 5.3.5, by striking out the word "Pphencyclidine" and inserting in lieu thereof the word "Phencyclidine";
     On page eight, subsection 5.5, by striking out "5.5" and inserting in lieu thereof "5.6";
And by renumbering the remaining subsections;
     On page nine, subsection 5.11, by striking out the subsection in its entirety, and inserting in lieu thereof a new subsection 5.11., as follows:
     "5.11 Every employer shall notify the director, on a form prescribed by the director, within seven (7) days of any of the following:
     5.11.a A positive drug or alcohol test of a certified person, whether it be a preemployment test, random test, reasonable suspicion test, or post-accident test;
     5.11.b. The refusal of a certified person to submit a sample;
     5.11.c. A certified person possessing a substituted sample or an adulterated sample; or
     5.11.d. A certified person submitting a substituted sample or an adulterated sample.";
     On page nine, after subdivision 5.11.d. by inserting two new subsections, designated 5.12. and 5.13., to read as follows:
     5.12. When the employer submits the completed notification form prescribed by the director, the employer shall also submit a copy of the laboratory test results showing the substances tested for and the results of the test.
     5.13. A notice pursuant to subdivision 5.11., shall result in the immediate temporary suspension of all certificates held by the certified person who failed the screening, pending a hearing before the board of appeals, except in the case of a certified person who is subject to a collective bargaining agreement, in which case the notification pursuant subsection 5.11., shall not result in the immediate temporary suspension of any certificate held by the certified person who is subject to a collective bargaining agreement unless and until the arbitration is concluded and the discharge is upheld, and no certificate held by a certified person who is subject to a collective bargaining agreement shall be suspended or revoked unless the discharge is upheld in arbitration.;
     And by renumbering the remaining subsections;
     On page eleven, subdivision 6.1.2, by striking out the words "Notify the Board of Appeals" and inserting in lieu thereof the words "Notify the Director";
     On page eleven, subsection 6.2, by striking out the words "notify the Board of Appeals" and inserting in lieu thereof the words "notify the Director";
     On page fourteen, subsection 8.1, by striking out the words "is found, by a preponderance of the evidence, to have: failed" and inserting in lieu thereof the words "has entered into a treatment plan agreement as specified in subsection 9.1 of this rule or who is found, by a preponderance of the evidence, to have failed";
     On page fourteen, by striking out all of subsection 8.2 and inserting in lieu thereof three new subsections, designated subsections 8.2, 8.3 and 8.4, to read as follows:
     8.2. Any person requesting a hearing who intends to challenge the sample collection methods, the laboratory test results, the medical review officer's verification of the laboratory test result or the chemical test of breath, shall notify the Director of his or her intent. The person shall submit the notification in writing, either in person or by mail to the Director, at least fourteen (14) days prior to the hearing date. The notification shall specify, in detail, the challenge the person intends to make.
     8.3. If the person requesting the hearing submits notification in writing to the Director that he/she intends to challenge the laboratory test results of the medical review officer's verification of the laboratory test result, that person shall have the split sample tested, at his/her expense, at a SAMSHA-certified laboratory and those results verified by a medical review officer. The split sample results and the results of the split sample verification by a medical review officer shall be provided to the Director and the original medical review officer. No other form of evidence shall be admissible to challenge the laboratory test result of the medical review officer's verification of the laboratory test result.
     8.4. If a person fails to comply with the notification requirements of this section, then the sample collection methods, the laboratory test results, the medical review officer's verification of the laboratory test result, or the chemical test of breath shall be admissible as though the person and the Director had stipulated to their admissibility.;
     And by renumbering the remaining subsections;
     On page fifteen, subdivision 9.1.1, by striking out the words "treatment at a facility licensed by the State of West Virginia in substance abuse" and inserting in lieu thereof the words "treatment, counseling and aftercare under the supervision of a duly licensed, mental health professional";
    On page fifteen, subdivision 9.1.2, by striking out the words "treatment at a facility licensed by the State of West Virginia in substance abuse" and inserting in lieu thereof the words "treatment, counseling and aftercare under the supervision of a duly licensed, mental health professional";
     On page fifteen, subdivision 9.1.3, by striking out the words "treatment at a facility licensed by the State of West Virginia in substance abuse" and inserting in lieu thereof the words "treatment, counseling and aftercare under the supervision of a duly licensed, mental health professional";
     And,
     On page sixteen, after subdivision 9.1.4, by adding the following:
     9.1.5. An admission by the individual that he or she has failed or refused a drug and alcohol test for the first time and that a second failure or refusal shall result in the permanent revocation of all mining certifications issued to him or her.      9.2. The Director shall review all Treatment Agreements and shall not approve any Agreement that does not comply with this rule.
     9.3. The Director shall insure an individual has satisfied all conditions for reinstatement before reinstating any certificate.
§64-10-2. Division of Labor.
     (a) The legislative rule filed in the State Register on July 23, 2013, authorized under the authority of section thirteen, article five, 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 November 5, 2013, relating to the Division of Labor (Wage Payment and Collection Act, 42 CSR 5 ), is authorized with the following amendments:
     On page three, after subsection 4.2., by inserting a new subsection, designated subsection 4.3., to read as follows:
     4.3. An employer shall keep posted in a place accessible to all employees an abstract of the West Virginia Wage Payment and Collection law prepared and provided by the Commissioner.;
     On page four, by striking out all of subsection 7.2. and inserting in lieu thereof a new subsection, designated subsection 7.2., to read as follows:
     7.2. The scheduled payday for a railroad company shall occur within the time periods specified by West Virginia Code §21-5-2. The scheduled payday for every employer other than a railroad company shall occur at least once every 2 weeks, unless otherwise authorized by special agreement as provided in section eight of this rule.;
     On page five, after subsection 8.2., by inserting a new subsection, designated subsection 8.3. to read as follows:
     8.3. The Commissioner shall notify all employees identified by the employer and provide each employee with an opportunity to respond to the petition.;
     And by renumbering the remaining subsections;
     On page five, subsection 8.4, by striking out the words "After the hearing," and inserting in lieu thereof the words "Following the submission of the petition, the responses of the affected employees, and the holding of the hearing, if any,";
     And,
     On page seven, subsection 10.6, by striking out the words "established by" and inserting in lieu thereof the words "specified in the written demand of".
     (b) The legislative rule filed in the State Register on July 23, 2013, authorized under the authority of section thirteen, article five, 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 November 5, 2013, relating to the Division of Labor (employer wage bonds, 42 CSR 33 ), is authorized.
§64-10-3. Division of Natural Resources.
     (a) The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section twenty-three, article seven, chapter twenty of this code, relating to the Division of Natural Resources (special motorboating, 58 CSR 27 ), is authorized.
     (b) The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section four, article two, 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 8, 2013, relating to the Division of Natural Resources (electronic registration of wildlife, 58 CSR 72 ), is authorized.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
     Engrossed Committee Substitute for Senate Bill No. 140, 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. 140) 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. 140) 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 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. 4283, Raising the minimum wage.
     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 amendment to the bill.
     Engrossed Committee Substitute for House Bill No. 4283, as amended by deletion, was then put upon its passage.
     On the passage of the bill, the yeas were: Beach, Boley, Cann, Chafin, Cookman, Edgell, Fitzsimmons, D. Hall, Laird, Miller, Nohe, Palumbo, Prezioso, Snyder, Tucker, Unger, Walters, Wells, Yost and Kessler (Mr. President)--20.
     The nays were: Barnes, Blair, Carmichael, Cole, Facemire, Green, M. Hall, Jenkins, Kirkendoll, McCabe, Plymale, Stollings, Sypolt and Williams--14.
     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. 4283) 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 Com. Sub. for Senate Bill No. 379, Reclassifying counties.
     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 §7-7-1 and §7-7-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 7. COMPENSATION OF ELECTED COUNTY OFFICIALS.
7-7-1. Legislative findings and purpose.
  (a) The Legislature finds that it has, since January 1, ~~2003~~ 2007, consistently and annually imposed upon the county commissioners, sheriffs, county and circuit clerks, assessors and prosecuting attorneys in each county ~~board,~~ new and additional duties by the enactment of new provisions and amendments to this code. The new and additional duties imposed upon the aforesaid county officials by these enactments are such that they would justify the increases in compensation as provided in section four of this article, without violating the provisions of section thirty-eight, article VI of the Constitution of West Virginia.
  (b) The Legislature further finds that there are, from time to time, additional duties imposed upon all county officials through the acts of the Congress of the United States and that such acts constitute new and additional duties for county officials and, as such, justify the increases in compensation as provided by section four of this article, without violating the provisions of section thirty-eight, article VI of the Constitution of West Virginia.
  (c) The Legislature further finds that there is a direct correlation between the total assessed property valuations of a county on which the salary levels of the county commissioners, sheriffs, county and circuit clerks, assessors and prosecuting attorneys are based, and the new and additional duties that each of these officials is required to perform as they serve the best interests of their respective counties. Inasmuch as the reappraisal of the property valuations in each county has now been accomplished, the Legislature finds that a change in classification of counties by virtue of increased property valuations will occur on an infrequent basis. However, it is the further finding of the Legislature that when such change in classification of counties does occur, that new and additional programs, economic developments, requirements of public safety and the need for new services provided by county officials all increase, that the same constitute new and additional duties for county officials as their respective counties reach greater heights of economic development, as exemplified by the substantial increases in property valuations and, as such, justify the increases in compensation provided in section four of this article, without violating the provisions of section thirty-eight, article VI of the Constitution of West Virginia.
  (d) The Legislature further finds and declares that the amendments enacted to this article are intended to modify the provisions of this article so as to cause the same to be in full compliance with the provisions of the Constitution of West Virginia and to be in full compliance with the decisions of the Supreme Court of Appeals of West Virginia.
§7-7-4. Compensation of elected county officials and county commissioners for each class of county; effective date.
  (1) The increased salaries to be paid to the county commissioners and the other elected county officials described in this ~~subsection~~ section on and after July 1, ~~2006~~ 2014, are set out in subdivisions (5) and (7) of this subsection. Every county commissioner and elected county official in each county, whose term of office commenced prior to or on or after July 1, 2014, shall receive the same annual salary by virtue of legislative findings of extra duties as set forth in section one of this article.
  (2) Before the increased salaries, as set out in subdivisions (5) and (7) of this subsection, are paid to the county commissioners and the elected county officials, the following requirements must be met:
  (A) The Auditor has certified that the ~~proposed annual county budget for the fiscal year beginning the first days of July 1, 2006,~~ fiscal condition of the county, considering costs, revenues, liabilities and significant trends of the same; maintenance standards; and the commitment to the provision of county services has ~~increased~~ sufficiently improved over the previous fiscal ~~year~~ in years so that there exists an amount sufficient for the payment of the increase in the salaries set out in subdivisions (5) and (7) of this subsection and the related employment taxes: Provided, That the Auditor may not ~~approve the budget~~ provide the certification for the payment of the increase in the salaries where any proposed annual county budget containing anticipated receipts which are unreasonably greater or lesser than that of the previous year. For purposes of this ~~subdivision~~ subsection, the term "receipts" does not include unencumbered fund balance or federal or state grants: Provided, That the Auditor shall not be held liable for relying upon information and data provided by a county commission in assessing the county's fiscal condition or a proposed annual county budget; and
  (B) Each county commissioner or other elected official described in this subsection in office on the effective date of the increased salaries provided by this section who desires to receive the increased salary has prior to that date filed in the office of the clerk of the county commission his or her written request for the salary increase. The salary for the person who holds the office of county commissioner or other elected official described in this section who fails to file the written ~~agreement~~ request as required by this paragraph shall be the salary for that office in effect immediately prior to the effective date of the increased salaries provided by this section until the person vacates the office or his or her term of office expires, whichever first occurs.
__Any request for a salary increase shall use the following language:
__I [name of office holder] the duly elected [name of office] in and for the County of [name of county], West Virginia, do hereby request a salary increase pursuant to W. Va. Code §7-7-4, as amended. This salary increase is effective July 1, 2014.
__[Signature of office holder]
__[Date]
  (3) If the Auditor has failed to certify that there is ~~an insufficient projected increase in revenues to pay the increased~~ an amount sufficient for the payment of the increase in the salaries and the related employment taxes pursuant to section, then the salaries of that county's elected officials and commissioners shall remain at the level in effect at the time certification was sought.
  (4) In any county having a tribunal in lieu of a county commission, the county commissioners of that county may be paid less than the minimum salary limits of the county commission for that particular class of the county.
  (5) Prior to July 1, 2014:
COUNTY COMMISSIONERS
                      Class I$36,960
                      Class II$36,300
                      Class III$35,640
                      Class IV$34,980
                      Class V$34,320
                      Class VI$28,380
Class VII$27,720
                    Class VIII$25,080
                      Class IX$24,420
                      Class X$19,800
  After June 30, 2014:
COUNTY COMMISSIONERS
______________________Class I_____________________$41,395
______________________Class II____________________$40,656
______________________Class III___________________$39,917
______________________Class IV____________________$39,178
______________________Class V_____________________$38,438
______________________Class VI____________________$31,786
______________________Class VII___________________$31,046
______________________Class VIII__________________$28,090
______________________Class IX____________________$27,350
______________________Class X_____________________$22,176
  (6) For the purpose of determining the salaries to be paid to the elected county officials of each county, the salaries for each county office by class, set out in subdivision (7) of this subsection, are established and shall be used by each county commission in determining the salaries of each of their county officials other than salaries of members of the county commission.
  (7) Prior to July 1, 2014:
OTHER ELECTED OFFICIALS
                         CountyCircuit   Prosecuting
     SheriffClerkClerk     AssessorAttorney
Class I$44,880   $55,440   $55,440   $44,880$ 96,600
Class II$44,220$54,780   $54,780   $44,220    $ 94,400
Class III$43,890$53,460$53,460   $43,890    $ 92,200
Class IV$43,560$53,154   $53,154   $43,560    $ 90,000
Class V$43,230$52,800   $52,800   $43,230    $ 87,800
Class VI$42,900$49,500   $49,500   $42,900    $ 59,400
Class VII$42,570$48,840   $48,840   $42,570    $ 56,760
Class VIII$42,240$48,180   $48,180   $42,240    $ 54,120
Class IX$41,910$47,520   $47,520   $41,910    $ 50,160
Class X$38,280$42,240   $42,240   $38,280    $ 46,200
  After June 30, 2014:
OTHER ELECTED OFFICIALS
_________________________CountyCircuit___Prosecuting
_____SheriffClerkClerk_____AssessorAttorney
Class I________________$50,266___$62,093 __$62,093___$50,266____$108,192
Class II_______________$49,526___$61,354 __$61,354___$49,526____$105,728
Class III______________$49,157___$59,875 __$59,875___$49,157____$103,264
Class IV_______________$48,787___$59,532 __$59,532___$48,787____$100,800
Class V________________$48,418___$59,136 __$59,136___$48,418____$98,336
Class VI_______________$48,048___$55,440 __$55,440___$48,048____$66,528
Class VII______________$47,678___$54,701 __$54,701___$47,678____$63,571
Class VIII_____________$47,309___$53,962 __$53,962___$47,309____$60,614
Class IX_______________$46,939___$53,222 __$53,222___$46,939____$56,179
Class X________________$42,874___$47,309 __$47,309___$42,874____$51,744
  (8) Any county clerk, circuit clerk, county assessor, prosecuting attorney or sheriff of a Class I through Class V county, inclusive, any assessor or any sheriff of a Class VI through Class IX county, inclusive, shall devote full-time to his or her public duties to the exclusion of any other employment: Provided, That any public official, whose term of office begins when his or her county's classification imposes no restriction on his or her outside activities, may not be restricted on his or her outside activities during the remainder of the term for which he or she is elected.;
  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. 379--A Bill to amend and reenact §7-7-1 and §7-7-4 of the Code of West Virginia, 1931, as amended, all relating to authorizing an increase in the salaries of county commissioners and elected county officials; providing legislative findings that the new and additional duties that have consistently and annually been imposed upon the county commissioners, sheriffs, county and circuit clerks, assessors and prosecuting attorneys in each county are such that they would justify the increases in compensation; requiring the state auditor to consider certain factors when certifying whether a county has an amount sufficient for payment of the increases; providing that the State Auditor may not be held liable for relying upon information and data provided by a county commission in assessing a county's fiscal condition or annual budget; requiring submission of written request for a salary increase; and requiring certain prosecuting attorneys to devote full-time to public duties.
  On motion of Senator Unger, the Senate refused to concur in the foregoing House amendments to the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 379) 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 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. 619, Exempting certain critical access hospitals from certificate of need requirement.
  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 five-e, lines seven and eight, by striking out the words "and may operate pursuant to the previous license issued to the critical access hospital prior to closure".
  On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
  Engrossed Committee Substitute for Senate Bill No. 619, 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. 619) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  The Senate again proceeded to the eighth order of business.
  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. 2387, Relating to reasonable accommodations under the West Virginia Fair Housing Act for persons with disabilities who need assistive animals.
  On third reading, coming up in deferred order, with the unreported Judiciary committee amendment pending, and with the right having been granted on yesterday, Friday, March 7, 2014, for further amendments to be received on third reading, was again reported by the Clerk.
  The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
  On page thirteen, section five, line one hundred forty-one, by striking out the word "assistive" and inserting in lieu thereof the word "assistance".
  There being no further amendments offered,
  Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2387), as just amended, 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. 2387) 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. 2387--A Bill to amend and reenact §5-11A-3, §5-11A-5, §5-11A-6 and §5-11A-7 of the Code of West Virginia, 1931, as amended, all relating to reasonable accommodations under the West Virginia Fair Housing Act for persons with disabilities who need assistance animals; defining terms; requiring rules, policies, practices and services related to animals to be subject to reasonable accommodation; providing for the submission of documentation of the disability related need for the assistance animal; providing for the sufficiency of the requested documentation; prohibiting a request for access to medical records or providers; providing for the denial of a request for an accommodation of an assistance animal under certain circumstances; requiring a determination of a direct threat or substantial physical damage to be based on individualized assessment; prohibiting an unreasonable denial of accommodation; and replacing the term "handicapped" with the term "disability" throughout the article.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Action as to Engrossed Committee Substitute for House Bill No. 2387 having been concluded, the Senate proceeded to the consideration of
  Eng. Com. Sub. for House Bill No. 3156, Granting a labor organization a privilege from being compelled to disclose any communication or information the labor organization or agent received or acquired in confidence from an employee.
  On third reading, coming up in deferred order, was again reported by the Clerk.
  On motion of Senator Palumbo, the Senate reconsidered the vote by which on yesterday, Friday, March 7, 2014, it adopted the Judiciary committee amendment to the bill (shown in the Senate Journal of that day, pages 180 to 182, inclusive).
  The vote thereon having been reconsidered,
  The question again being on the adoption of the Judiciary committee amendment to the bill.
  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.
  On motion of Senator Palumbo, the following amendment to the bill (Eng. Com. Sub. for H. B. No. 3156) was reported by the Clerk and adopted:
  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 §6C-2-8, to read as follows:
ARTICLE 2. WEST VIRGINIA PUBLIC EMPLOYEES GRIEVANCE PROCEDURE.
§6C-2-8. Employee organizations may not be compelled to disclose certain communications; exceptions.
               (a) Except as otherwise provided in this section, an employee organization or an agent of an employee organization may not be compelled to disclose any communication or information the employee organization or agent received or acquired in confidence from a public employee, while the employee organization or agent was acting in a representative capacity concerning a public employee grievance or an investigation of a potential public employee grievance, regardless of whether the public employee is a member of the employee organization: Provided, That the confidentiality established under this section does not apply to written communications between the employee and the employee organization.
               (b) (1) The confidentiality established under this section applies only to the extent that the communication or information is germane to a grievance or potential grievance of the employee.
               (2) The confidentiality established under this subsection continues after termination of:
               (A) The employee's employment; or
               (B) The representative relationship of the employee organization or its agent with the public employee.
               (3) The confidentiality established under this subsection protects the communication or information received or acquired by the employee organization or its agent, but does not protect the employee from being compelled to disclose, to the extent provided by law, the facts underlying the communication or information.
               (c) The protection for confidential communications provided by this section only extends to proceedings under the public employees grievance procedure. Nothing in this section may be construed to extend the confidentiality to circuit court proceedings or other proceedings outside of the public employees grievance procedure.
               (d) An employee organization or its agent shall disclose to the employer as soon as possible a communication or information described in subsection (a) of this section to the extent the employee organization or its agent reasonably believes:
               (1) It is necessary to prevent certain death or substantial bodily harm.
               (2) It is necessary to prevent the employee from committing a crime, fraud or any act that is reasonably certain to result in substantial injury to the financial interests or property of another or to rectify or mitigate any such action after it has occurred;
               (3) The communication or information constitutes an admission that the employee has committed a crime; or
               (4) It is necessary to comply with a court order or other law.
               (e) An employee organization or its agent may disclose a communication or information described in subsection (a) of this section in order to:
               (1) Secure legal advice about the compliance of the employee organization or its agent with a court order or other law;
               (2) Establish a claim or defense on behalf of the employee organization or its agent in a controversy between the employee and the employee organization or its agent;
               (3) Establish a defense to a criminal charge or civil claim against the employee organization or its agent based on conduct in which the employee was involved; or
               (4) Respond to allegations in any proceeding concerning the performance of professional duties by the employee organization or its agent on behalf of the employee.
               (f) An employee organization or its agent may disclose a communication or information described in subsection (a) of this section, without regard to whether the disclosure is made within the public employees grievance procedure, in the following circumstances:
               (1) The employee organization has obtained the express written or oral consent of the employee;
               (2) The employee has, by other act or conduct, waived the confidentiality of the communication or information; or
               (3) The employee is deceased or has been adjudicated incompetent by a court of competent jurisdiction and the employee organization has obtained the written or oral consent of the personal representative of the employee's estate or of the employee's guardian.
               (g) If there is a conflict between the application of this section and any federal or state labor law, the provisions of the federal or other state law shall control.
               The bill, as just amended, was again ordered to third reading.
               Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 3156) 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. 3156) passed.
               At the request of Senator Yost, as chair of the Committee on Labor, and by unanimous consent, the unreported Labor 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. 3156--A Bill to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §6C-2-8, relating to recognizing certain communications between a public employee and a employee organization as confidential; preventing employee organizations and their agents from being compelled to disclose certain communications or information obtained from an employee while the employee organization or agent is acting in a representative capacity concerning an employee grievance; providing limitations and exceptions; ensuring the confidentiality does not extend outside the grievance process; and providing for resolution of conflicts with existing law.
               Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
               Action as to Engrossed Committee Substitute for House Bill No. 3156 having been concluded, the Senate proceeded to the consideration of
               Eng. Com. Sub. for House Bill No. 4316, Creating the student data accessability, transparency and accountability act.
               On third reading, coming up in deferred order, with the right having been granted on yesterday, Friday, March 7, 2014, for further amendments to be received on third reading, was again reported by the Clerk.
               On motion of Senator Sypolt, the following amendment to the bill was reported by the Clerk and adopted:
               On page four, section five-h, line fifty-three, after the word "purpose" by inserting the words "which data shall promptly be destroyed".
               Thereafter, on motion of Senator Sypolt, the Senate reconsidered the vote by which it immediately hereinbefore adopted Senator Sypolt's amendment to Engrossed Committee Substitute for House Bill No. 4316.
               The vote thereon having been reconsidered,
               The question again being on the adoption of Senator Sypolt's amendment to the bill.
               Thereafter, at the request of Senator Sypolt, and by unanimous consent, Senator Sypolt's amendment to the bill was withdrawn.
               On motion of Senator Sypolt, the following amendment to the bill was next reported by the Clerk and adopted:
               On page four, section five-h, after line thirty-eight, by inserting a new subdivision, designated subdivision (10), to read as follows:
               "(10) 'Confidential student information' means data relating to a person's Social Security number, or other identification number issued by a state or federal agency, except for the state-assigned student identifier as defined in this section, religious affiliation, whether the person or a member of their household owns or possesses a firearm, whether the person or their family are or were recipients of financial assistance from a state or federal agency, medical, psychological or behavioral diagnoses, criminal history, criminal history of parents, siblings or any members of the person's household, vehicle registration number, driver's license number, biometric information, handwriting sample, credit card numbers, consumer credit history, credit score, or genetic information;";
               And by renumbering the remaining subdivisions;
               And,
               On page nine, section five-h, after line one hundred fifty-five, by adding a new subdivision, designated subdivision (9), to read as follows:
               (9) Prohibit the collection of confidential student information as defined in subdivision ten of subsection (b) of this section.
               The bill, as just amended, was again ordered to third reading.
               Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4316) 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. 4316) 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. 4316--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-5h, relating to creating the student data accessability, transparency and accountability act; providing definitions; state, district and school responsibilities for data inventory; providing for data governance manager and responsibilities; establishing parental rights to information and providing for policies on security and access; requiring state board rules; and establishing effect on existing data.
               Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
               Action as to Engrossed Committee Substitute for House Bill No. 4316 having been concluded, 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, 2014, 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. 391, Providing salary increase for teachers and school service personnel.
               On motion of Senator Laird, 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, by striking out lines fifty-two through ninety-one and inserting in lieu thereof the following:

STATE MINIMUM SALARY SCHEDULE




Years	4th	3rd	2nd		A.B.		M.A.	M.A.	M.A.	Doc-
Exp.	Class	Class	Class	A.B.	+15	M.A.	+15	+30	+45	torate

0	27,917	28,606	28,872	30,315	31,076	32,843	33,604	34,365	35,126	36,161
1	28,245	28,934	29,200	30,833	31,594	33,362	34,123	34,883	35,644	36,679
2	28,574	29,262	29,528	31,352	32,113	33,880	34,641	35,402	36,163	37,198
3	28,902	29,590	29,856	31,871	32,631	34,399	35,160	35,920	36,681	37,716
4	29,474	30,162	30,428	32,633	33,394	35,162	35,923	36,683	37,444	38,479
5	29,802	30,490	30,756	33,152	33,913	35,680	36,441	37,202	37,963	38,998
6	30,130	30,818	31,084	33,670	34,431	36,199	36,960	37,720	38,481	39,516
7	30,458	31,147	31,412	34,189	34,950	36,717	37,478	38,239	39,000	40,035
8	30,786	31,475	31,741	34,707	35,468	37,236	37,997	38,757	39,518	40,553
9	31,114	31,803	32,069	35,226	35,987	37,754	38,515	39,276	40,037	41,072
10	31,443	32,131	32,397	35,746	36,506	38,274	39,035	39,796	40,556	41,591
11	31,771	32,459	32,725	36,264	37,025	38,793	39,553	40,314	41,075	42,110
12	32,099	32,787	33,053	36,783	37,543	39,311	40,072	40,833	41,593	42,628
13	32,427	33,115	33,381	37,301	38,062	39,830	40,590	41,351	42,112	43,147
14	32,755	33,443	33,709	37,820	38,580	40,348	41,109	41,870	42,630	43,665
15	33,083	33,771	34,037	38,338	39,099	40,867	41,627	42,388	43,149	44,184
16	33,411	34,099	34,365	38,857	39,617	41,385	42,146	42,907	43,667	44,702
17	33,739	34,428	34,693	39,375	40,136	41,904	42,665	43,425	44,186	45,221
18	34,067	34,756	35,022	39,894	40,655	42,422	43,183	43,944	44,705	45,740
19	34,395	35,084	35,350	40,412	41,173	42,941	43,702	44,462	45,223	46,258
20	34,723	35,412	35,678	40,931	41,692	43,459	44,220	44,981	45,742	46,777
21	35,052	35,740	36,006	41,449	42,210	43,978	44,739	45,499	46,260	47,295
22	35,380	36,068	36,334	41,968	42,729	44,496	45,257	46,018	46,779	47,814
23	35,708	36,396	36,662	42,487	43,247	45,015	45,776	46,536	47,297	48,332
24	36,036	36,724	36,990	43,005	43,766	45,534	46,294	47,055	47,816	48,851
25	36,364	37,052	37,318	43,524	44,284	46,052	46,813	47,574	48,334	49,369
26	36,692	37,380	37,646	44,042	44,803	46,571	47,331	48,092	48,853	49,888
27	37,020	37,708	37,974	44,561	45,321	47,089	47,850	48,611	49,371	50,406
28	37,348	38,037	38,302	45,079	45,840	47,608	48,368	49,129	49,890	50,925
29	37,676	38,365	38,631	45,598	46,358	48,126	48,887	49,648	50,408	51,443
30	38,004	38,693	38,959	46,116	46,877	48,645	49,405	50,166	50,927	51,962
31	38,333	39,021	39,287	46,635	47,396	49,163	49,924	50,685	51,445	52,480
32	38,661	39,349	39,615	47,153	47,914	49,682	50,443	51,203	51,964	52,999
33	38,989	39,677	39,943	47,672	48,433	50,200	50,961	51,722	52,483	53,518
34	39,317	40,005	40,271	48,190	48,951	50,719	51,480	52,240	53,001	54,036
35	39,645	40,333	40,599	48,709	49,470	51,237	51,998	52,759	53,520	54,555

               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. 391--A Bill to amend to amend and reenact §18A-4-2 and §18A-4-8a of the Code of West Virginia, 1931, as amended, all relating to generally to increasing compensation for teachers and school service personnel; and expressing legislative goal.
               Senator Unger moved to be excused from voting on any matter pertaining to the bill under rule number forty-three of the Rules of the Senate, which motion prevailed.
               On motion of Senator Laird, the Senate concurred in the House of Delegates amendments to the bill.
               Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 391, 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, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Walters, Wells, Williams, Yost and Kessler (Mr. President)--31.
               The nays were: Carmichael and McCabe--2.
               Absent: None.
               Excused from voting: Unger--1.
               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. 391) passed with its House of Delegates amended title.
               Senator Laird moved that the bill take effect July 1, 2014.
               On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Walters, Wells, Williams, Yost and Kessler (Mr. President)--31.
               The nays were: Carmichael and McCabe--2.
               Absent: None.
               Excused from voting: Unger--1.
               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. 391) takes effect July 1, 2014.
               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. Com. Sub. for Senate Bill No. 439, Permitting Ohio County Commission levy special district excise tax for Fort Henry.
               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:
               Eng. Com. Sub. for Senate Bill No. 439--A Bill to amend and reenact §7-22-9 and §7-22-15 of the Code of West Virginia, 1931, as amended, all relating to county economic opportunity development district; increasing the Fort Henry economic opportunity development project district from three hundred to five hundred contiguous acres of land; providing when the Fort Henry Economic Opportunity Development District may be abolished or terminated; providing time period during which certain economic opportunity development districts may exist and when abolished by operation of law; providing definitions; providing for the authority of the Tax Commissioner; and providing effect of cessation and abolishment of a county economic opportunity development district.
               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. 439, 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. 439) 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. 439) 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. 486, Establishing salaries and providing raises for State Police forensic lab employees.
               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. WEST VIRGINIA STATE POLICE.
§15-2-7. Cadet selection board; qualifications for and appointment to membership in State Police; civilian employees; forensic laboratory employees; salaries.
               (a) The superintendent shall establish within the West Virginia State Police a cadet selection board which shall be representative of commissioned and noncommissioned officers within the State Police.
               (b) The superintendent shall appoint a member to the position of trooper from among the top three names on the current list of eligible applicants established by the cadet selection board.
               (c) Preference in making appointments shall be given whenever possible to honorably discharged members of the armed forces of the United States and to residents of West Virginia. Each applicant for appointment shall be a person not less than twenty-one years of age nor more than thirty-nine years of age, of sound constitution and good moral character and is required to pass any mental and physical examination and meet other requirements as provided in rules promulgated by the cadet selection board: Provided, That a former member may, at the discretion of the superintendent, be reenlisted.
               (d) No person may be barred from becoming a member of the State Police because of his or her religious or political convictions.
               (e) The superintendent shall adhere to the principles of equal employment opportunity set forth in article eleven, chapter five of this code and shall take positive steps to encourage applications for State Police membership from females and minority groups within the state. An annual report shall be filed with the Legislature on or before January 1 of each year by the superintendent which includes a summary of the efforts and the effectiveness of those efforts intended to recruit females, African-Americans and other minorities into the ranks of the State Police.
               (f) Except for the superintendent, no person may be appointed or enlisted to membership in the State Police at a grade or rank above the grade of trooper.
               (g) The superintendent shall appoint civilian employees as are necessary and all employees may be included in the classified service of the civil service system except those in positions exempt under the provisions of article six, chapter twenty-nine of this code.
               (h) Effective July 1, 2001, through June 30, 2014, civilian employees with a minimum of five years' service shall receive a salary increase equal to $100 a year for each year of service as a civilian employee. Every three years thereafter, civilian employees who have five or more years of service shall receive an annual salary increase of $300. The increases in salary provided by this subsection are in addition to any other increases to which the civilian employees might otherwise be entitled. After June 30, 2014, the provisions of this subsection are not operative.
_______________(i) After June 30, 2014, West Virginia State Police civilian employees with a minimum of one year service shall receive an annual longevity salary increase equal to $500. The increases in salary provided by this subsection are in addition to any other increases to which the civilian employees might otherwise be entitled.
_____(j) Effective July 1, 2014, all current West Virginia State Police Forensic Laboratory analysts, directors and evidence technicians shall receive a one-time, across-the-board salary increase equal to twenty percent of their current salary.
_____(k) On or before January 1, 2018, the Director of the West Virginia State Police Forensic Laboratory shall submit a report to the Joint Committee on Government and Finance detailing the West Virginia State Police Forensic Laboratory's ability to retain employees.;
     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. 486--A Bill to amend and reenact §15-2-7 of the Code of West Virginia, 1931, as amended, relating to establishing annual longevity salary increases for West Virginia State Police civilian employees; providing salary increase for current employees within the West Virginia State Police Forensic Laboratory; and requiring the Director of the West Virginia State Police Forensic Laboratory to submit a report before January 1, 2018, to the Joint Committee on Government and Finance detailing the West Virginia State Police Forensic Laboratory's ability to retain employees.
     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. 486, 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. 486) 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 eighth order of business.
     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. 4333, Relating to the redirection of certain Lottery revenues to the State Excess Lottery Revenue Fund.
     On third reading, coming up in regular order, with the unreported Finance committee amendment pending, and with the right having been granted on yesterday, Friday, March 7, 2014, for further amendments to be received on third reading, was again reported by the Clerk.
     The following amendment to the bill, from the Committee on Finance, was reported by the Clerk:
     By striking out everything after the enacting clause and inserting in lieu thereof the following:
     That §29-22-18d 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 §29-22-18f; that said code be amended by adding thereto three new sections, designated §29-22A-10d, §29-22A-10e and §29-22A-10f; that said code be amended by adding thereto a new section, designated §29-22C-27a; and that said code be amended by adding thereto a new section, designated §29-25-22b, all to read as follows:
ARTICLE 22. STATE LOTTERY ACT.
§29-22-18d. Increase in allocation to West Virginia Infrastructure Fund from State Excess Lottery Revenue Fund.
(a) Notwithstanding any provision of subsection (d), section eighteen-a of this article to the contrary, the deposit of $40 million into the West Virginia Infrastructure Fund set forth above is for the fiscal year beginning July 1, 2010, only. For the fiscal year beginning July 1, 2011, and each fiscal year thereafter, in lieu of the deposits required under subdivision (5), subsection (d), section eighteen-a of this article, the commission shall, first, deposit $6 million into the West Virginia Infrastructure Lottery Revenue Debt Service Fund created in subsection (h), section nine, article fifteen-a, chapter thirty-one of this code, to be spent in accordance with the provisions of that subsection, and, second deposit $40 million into the West Virginia Infrastructure Fund created in subsection (a), section nine, article fifteen-a, chapter thirty-one of this code, to be spent in accordance with the provisions of that article: Provided, That for the fiscal year beginning July 1, 2014, the deposit to the West Virginia Infrastructure Fund shall be $20 million: Provided however, That notwithstanding the provisions of subsection (a), section ten, article fifteen-a, chapter thirty-one of this code, for the fiscal year beginning July 1, 2014, any moneys disbursed from the West Virginia Infrastructure Fund in the form of grants shall not exceed fifty percent of the total funds available for the funding of projects.
_(b) Notwithstanding the provisions of subsection (h), section eighteen-a of this article, when bonds are issued for projects under subsection (d) or (e), section eighteen-a of this article, or for the School Building Authority, infrastructure pursuant to this section, higher education or state park improvements pursuant to section eighteen-e of this article that are secured by profits from lotteries deposited in the State Excess Lottery Revenue Fund, the Lottery Director shall allocate first to the Economic Development Project Fund an amount equal to one tenth of the projected annual principal, interest and coverage requirements on any and all revenue bonds issued, or to be issued as certified to the Lottery Director; and second, to the fund or funds from which debt service is paid on bonds issued under section eighteen-a of this article for the School Building Authority, infrastructure pursuant to this section, higher education and state park improvements pursuant to section eighteen-e of this article an amount equal to one tenth of the projected annual principal, interest and coverage requirements on any and all revenue bonds issued, or to be issued as certified to the Lottery Director. In the event there are insufficient funds available in any month to transfer the amounts required pursuant to this subsection, the deficiency shall be added to the amount transferred in the next succeeding month in which revenues are available to transfer the deficiency.
§29-22-18f. Backup pledge of bonds supported by the State Lottery Fund and the State Excess Lottery Revenue Fund.
(a) Any and all remaining funds in the State Excess Lottery Revenue Fund after payment of debt service pursuant to sections eighteen-a, eighteen-d and eighteen-e of this article shall be made available to pay debt service in connection with any revenue bonds issued pursuant to section eighteen of this article, if and to the extent needed for such purpose from time to time.
(b) Notwithstanding any other provision of this code to the contrary, after first satisfying the requirements for funds dedicated to pay debt service in accordance with bonds payable from the State Lottery Fund pursuant to section eighteen of this article, any and all remaining funds in the State Lottery Fund shall be made available to pay debt service in connection with revenue bonds issued pursuant to sections eighteen-a, eighteen-d, and eighteen-e of this article, if and to the extent needed for such purpose from time to time.
ARTICLE 22A. RACETRACK VIDEO LOTTERY ACT.
§29-22A-10d. Changes in distribution of net terminal income; distributions from excess lottery fund.
Notwithstanding any provision of subsection (b), section ten of this article to the contrary, for the fiscal year beginning July 1, 2014, and each fiscal year thereafter, the commission may transfer up to $9 million as actual costs and expenses to the Licensed Racetrack Modernization Fund, and the commission's actual costs and expenses may include a transfer of $1 million to the state excess lottery revenue fund created pursuant to section eighteen-a, article twenty-two of this chapter.
(b) Notwithstanding any provision of subsection (c), section ten of this article to the contrary, for the fiscal year beginning July 1, 2014, and each fiscal year thereafter, each distribution, except those distributions to be made pursuant to subdivisions (1), (3) and (7), subsection (c), section ten of this article, shall be reduced by one hundred percent. Payments shall not be made pursuant to section ten of this article, other than those excepted by this subsection, and are made in lieu thereof in an amount to be determined by appropriation.
(c) The total amount of reductions resulting from subsections (b) of this section shall be paid into the State Excess Lottery Revenue Fund, created by section eighteen-a, article twenty-two of this chapter.
(d) Notwithstanding any other provision of this code to the contrary, for the fiscal year beginning July 1, 2014, and each fiscal year thereafter, moneys deposited to the State Excess Lottery Revenue Fund pursuant to this section shall be expended by the Lottery in accordance with an appropriation in each fiscal year to benefit the parties whose distribution pursuant to section ten of this article has been reduced by one hundred percent.
(e) Prior to payment of any appropriation made pursuant to this section, debt service payments payable from the State Excess Lottery Fund shall first be paid in accordance with the provisions of sections eighteen-a, eighteen-d and eighteen-e, article twenty- two of this chapter and in the priority as defined by those sections.
(f) Notwithstanding any other provision of this code to the contrary, after payment of debt service from the State Excess Lottery Revenue Fund, all other distributions required by section eighteen-a, article twenty-two of this chapter and the distributions appropriated pursuant to this section shall be paid on a pro rata basis.
§29-22A-10e. Changes in distribution of excess net terminal income; distributions from excess lottery fund.
(a) Notwithstanding any provision of subsection (a), section ten-b of this article to the contrary, for the fiscal year beginning July 1, 2014, and each fiscal year thereafter, each distribution, except those distributions to be made pursuant to subdivisions (1), (3) and (7), subsection (a), section ten-b of this article, shall be reduced by one hundred percent. Payments shall not be made pursuant to section ten-b of this article, other than those excepted by this subsection, and are made in lieu thereof in an amount to be determined by appropriation.
(b) The total amount of reductions resulting from subsection (a) of this section shall be paid into the State Excess Lottery Revenue Fund created in section eighteen-a, article twenty-two of this chapter.
(c) Notwithstanding any other provision of this code to the contrary, for the fiscal year beginning July 1, 2014, and each fiscal year thereafter, moneys deposited to the State Excess Lottery Revenue Fund pursuant to this section shall be expended by the Lottery in accordance with an appropriation in each fiscal year to benefit the parties whose distribution pursuant to section ten-b of this article has been reduced by one hundred percent.
(d) Prior to payment of any appropriation made pursuant to this section, debt service payments payable from the State Excess Lottery Fund shall first be paid in accordance with the provisions of sections eighteen-a, eighteen-d and eighteen-e, article twenty- two of this chapter and in the priority as defined by those sections.
(e) Notwithstanding any other provision of this code to the contrary, after payment of debt service from the State Excess Lottery Revenue Fund, all other distributions required by section eighteen-a, article twenty-two of this chapter and the distributions appropriated pursuant to this section shall be paid on a pro rata basis.
§29-22A-10f. Changes in distribution of surcharge; distributions from excess lottery fund.
(a) Notwithstanding any provision of subsection (b), section ten-c of this article to the contrary, for the fiscal year beginning July 1, 2014, and each fiscal year thereafter, each distribution under section ten-c of this article shall be reduced by one hundred percent. Payments shall not be made pursuant to section ten-c of this article, other than those excepted by this subsection, and are made in lieu thereof in an amount to be determined by appropriation.
(b) The total amount of reductions resulting from subsection (a) of this section shall be paid into the State Excess Lottery Revenue Fund created in section eighteen-a, article twenty-two of this chapter.
(c) Notwithstanding any other provision of this code to the contrary, for the fiscal year beginning July 1, 2014, and each fiscal year thereafter, moneys deposited to the State Excess Lottery Revenue Fund pursuant to this section shall be expended by the Lottery in accordance with an appropriation in each fiscal year from to benefit the parties whose distribution pursuant to section ten-c of this article has been reduced by one hundred percent.
(d) Prior to payment of any appropriation made pursuant to this section, debt service payments payable from the State Excess Lottery Fund shall first be paid in accordance with the provisions of sections eighteen-a, eighteen-d and eighteen-e, article twenty- two of this chapter and in the priority as defined by those sections.
(e) Notwithstanding any other provision of this code to the contrary, after payment of debt service from the State Excess Lottery Revenue Fund, all other distributions required by section eighteen-a, article twenty-two of this chapter and the distributions appropriated pursuant to this section shall be paid on a pro rata basis.
ARTICLE 22C. WEST VIRGINIA LOTTERY RACETRACK TABLE GAMES ACT.
§29-22C-27a. Changes in distribution of adjusted gross receipts; distributions from excess lottery fund.
(a) Notwithstanding any provision of section twenty-seven of this article to the contrary, for the fiscal year beginning July 1, 2014, and each fiscal year thereafter, each distribution, except subdivisions (1), (4), (5), (6) and (7), subsection (c), and each distribution expressed as a percentage of net amounts found in subsection (d) of that section, except subdivisions (3) and (4) of that subsection, shall be reduced by one hundred percent. Payments shall not be made pursuant to section twenty-seven of this article, other than those excepted by this subsection, and are made in lieu thereof in an amount to be determined by appropriation.
(b) The total amount of reductions resulting from subsection (a) of this section shall be paid into the State Excess Lottery Revenue Fund created in section eighteen-a, article twenty-two of this chapter.
(c) Notwithstanding any other provision of this code to the contrary, for the fiscal year beginning July 1, 2014, and each fiscal year thereafter, moneys deposited to the State Excess Lottery Revenue Fund pursuant to this section shall be expended by the Lottery in accordance with an appropriation in each fiscal year from accounts created to benefit the parties whose distribution pursuant to section twenty-seven of this article has been reduced by one hundred percent.
(d) Prior to payment of any appropriation made pursuant to this section, debt service payments payable from the State Excess Lottery Fund shall first be paid in accordance with the provisions of sections eighteen-a, eighteen-d and eighteen-e, article twenty- two of this chapter and in the priority as defined by those sections.
(e) Notwithstanding any other provision of this code to the contrary, after payment of debt service from the State Excess Lottery Revenue Fund, all other distributions required by section eighteen-a, article twenty-two of this chapter and the distributions appropriated pursuant to this section shall be paid on a pro rata basis.
ARTICLE 25. AUTHORIZED GAMING FACILITY.
§29-25-22b. Changes in distribution of adjusted gross receipts and additional income; distributions from excess lottery fund.
(a) Notwithstanding any provision of section twenty-two of this article to the contrary, for the fiscal year beginning July 1, 2014, and each fiscal year thereafter, after payment of the commission's expenses pursuant to subsection (b), section twenty-two of this article, each distribution made in subsection (c), section twenty-two of this article from gross terminal income, and each distribution of the balance of the Historic Resort Hotel Fund made in subsection (d), section twenty-two of this article, except subdivisions (4), (5) (6), (7) and (8) of that subsection, shall be reduced by one hundred percent. Payments shall not be made pursuant to section twenty-two of this article, other than those excepted by this subsection, and are made in lieu thereof in an amount to be determined by appropriation.
(b) Notwithstanding any provision of section twenty-two-a of this article to the contrary, for the fiscal year beginning July 1, 2014, and each fiscal year thereafter, each distribution made in subsection (a), section twenty-two-a of this article shall be reduced by one hundred percent. Payments shall not be made pursuant to section twenty-two-a of this article, other than those excepted by this subsection, and are made in lieu thereof in an amount to be determined by appropriation.
(c) The total amount of reductions resulting from subsections (a) and (b) of this section shall be paid into the State Excess Lottery Revenue Fund created in section eighteen-a, article twenty-two of this chapter.
(d) Notwithstanding any other provision of this code to the contrary, for the fiscal year beginning July 1, 2014, and each fiscal year thereafter, moneys deposited to the State Excess Lottery Revenue Fund pursuant to this section shall be expended by the Lottery in accordance with an appropriation in each fiscal year to benefit the parties whose distribution pursuant to sections twenty-two and twenty-two-a of this article has been reduced by one hundred percent.
(e) Prior to payment of any appropriation made pursuant to this section, debt service payments payable from the State Excess Lottery Fund shall first be paid in accordance with the provisions of section eighteen-a, eighteen-d and eighteen-e, article twenty- two of this chapter and in the priority as defined by those sections.
(f) Notwithstanding any other provision of this code to the contrary, after payment of debt service from the State Excess Lottery Revenue Fund, all other distributions required by section eighteen-a, article twenty-two of this chapter and the distributions appropriated pursuant to this section shall be paid on a pro rata basis.
On motion of Senator Blair, the following amendment to the Finance committee amendment to the bill (Eng. Com. Sub. for H. B. No. 4333) was next reported by the Clerk:
On page twelve, section twenty-two-b, after subsection (f), by adding a new subsection, designated subsection (g), to read as follows:
(g) Notwithstanding any other provision of this code to the contrary, any funds expended pursuant to the provisions of this chapter shall be exempt the provisions of article five-a, chapter twenty-one of this code; in lieu thereof, wages for public improvements funded through the expenditure of funds as provided for in this chapter shall be based upon wage data for the State of West Virginia as published by the United States Department of Labor, Bureau of Labor Statistics.
Senator Plymale arose to a point of order that Senator Blair's amendment to the Finance committee amendment was not germane to the bill.
Which point of order, the President ruled well taken.
On motion of Senator Prezioso, the following amendments to the Finance committee amendment to the bill (Eng. Com. Sub. for H. B. No. 4333) were next reported by the Clerk, considered simultaneously, and adopted:
On page four, section ten-d, line fourteen, before the words "Notwithstanding any provision of subsection (b)" by inserting "(a)";
On page five, section ten-d, subsection (b), after "(3)" by inserting a comma and "(4)";
On page six, section ten-e, subsection (a), after "(3)" by inserting a comma and "(4)";
And,
On page nine, section twenty-seven-a, subsection (a), after the words "section, except subdivisions" by inserting "(2),".
On motion of Senator Snyder, the following amendments to the Finance committee amendment to the bill (Eng. Com. Sub. for H. B. No. 4333), as amended, were next reported by the Clerk and considered simultaneously:
On page five, section ten-d, subsection (b), by striking out "(1), (3)" and inserting in lieu thereof "(1), (2), (3), (5)";
On page five, section ten-d, subsection (b), after the words "one hundred percent" by changing the period to a colon and inserting the following proviso: Provided, That for the fiscal year beginning July 1, 2014, and each year thereafter, those distributions to be made pursuant to subdivisions (2) and (5), subsection (c), section ten of this article shall be reduced by ten percent.;
On page six, section ten-e, subsection (a), by striking out "(1), (3)" and inserting in lieu thereof "(1), (2), (3), (5)";
On page six, section ten-e, subsection (a), after the words "one hundred percent" by changing the period to a colon and inserting the following proviso: Provided, That for the fiscal year beginning July 1, 2014, and each year thereafter, those distributions to be made pursuant to subdivisions (2) and (5), subsection (a), section ten-b of this article shall be reduced by ten percent.;
On page nine, section twenty-seven-a, section (a), after "(1)" by inserting "(2), (3),";
And,
On page nine, section twenty-seven-a, section (a), after the words "one hundred percent" by changing the period to a colon and inserting the following proviso: Provided, That for the fiscal year beginning July 1, 2014, and each year thereafter, those distributions to be made pursuant to subdivisions (2) and (3), subsection (c), section twenty-seven of this article shall be reduced by ten percent.
Following discussion,
Senator Plymale moved the previous question, which motion prevailed.
The previous question having been ordered, that being on the adoption of Senator Snyder's amendment to the bill, as amended, the same was put.
The result of the voice vote being inconclusive, Senator Prezioso demanded a division of the vote.
A standing vote being taken, there were seventeen "yeas" and seventeen "nays".
Whereupon, the President declared Senator Snyder's amendment to the bill rejected on a tie vote.
The question now being on the adoption of the Finance committee amendment to the bill, as amended, the same was put and prevailed.
The bill, as just amended, was again ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4333) 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, Edgell, Facemire, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Stollings, Sypolt, Tucker, Walters, Wells, Williams and Kessler (Mr. President)--27.
The nays were: Barnes, Blair, Cookman, Fitzsimmons, Snyder, Unger and Yost--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. 4333) 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. 4333--A Bill to amend and reenact §29-22-18d of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §29- 22-18f; to amend said code by adding thereto three new sections, designated §29-22A-10d, §29-22A-10e and §29-22A-10f; to amend said code by adding thereto a new section, designated §29-22C-27a; and to amend said code by adding thereto a new section, designated §29-25-22b, all relating to the transfer of certain revenues derived from lottery activities generally; reducing the distribution to the West Virginia Infrastructure Fund to $20 million for fiscal year 2015 and increasing the percentage of funds available for grants therefrom; providing a backup pledge of bonds supported by the State Lottery Fund and State Excess Lottery Revenue Fund; transferring certain revenues derived from racetrack video lottery, lottery racetrack table games and lottery historic hotel gaming facility activities to the State Excess Lottery Revenue Fund for appropriation; and authorizing distributions be paid on a pro rata basis.
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 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. 4236, Sexual assault nurse examination network.
Whereupon, Senator Kirkendoll, from the committee of conference on matters of disagreement between the two houses, as to
Eng. Com. Sub. for House Bill No. 4236, Sexual assault nurse examination network.
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. 4236 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, striking out everything after the enacting clause, and agree to the same as follows:
ARTICLE 9B. SEXUAL ASSAULT EXAMINATION NETWORK.
§15-9B-1. Sexual Assault Forensic Examination Commission.
(a) There is created within the Governor's Committee on Crime, Delinquency and Correction the Sexual Assault Forensic Examination Commission. The purpose of the commission is to establish, manage and monitor a statewide system to facilitate the timely and efficient collection of forensic evidence in sexual assault cases.
(b) The commission shall be chaired by the director of the Division of Justice and Community Service. Membership on the commission shall consist of the following:
(1) A representative chosen from the membership of the West Virginia Prosecuting Attorney's Association;
(2) A representative chosen from the membership of the West Virginia Association of Counties;
(3) The Commissioner of the Bureau of Public Health, or his or her designee;
(4) A representative from the State Police crime laboratory;
(5) A representative from the membership of the West Virginia Child Advocacy Network;
(6) The President of the West Virginia Hospital Association, or his or her designee;
(7) A representative from the membership of the West Virginia Foundation for Rape and Information Services;
(8) A representative of the West Virginia University Forensic and Investigative Sciences Program; and
(9) A representative of the Marshall University Forensic Science Center.
If any of the representative organizations cease to exist, the director may select a person from a similar organization.
The director may appoint the following additional members of the commission, as needed:
(1) An emergency room physician;
(2) A victim advocate from a rape crisis center;
(3) A sexual assault nurse examiner;
(4) A law-enforcement officer with experience in sexual assault investigations;
(5) A health care provider with pediatric and child abuse expertise; and
(6) A director of a child advocacy center.
(c) The commission shall establish mandatory statewide protocols for conducting sexual assault forensic examinations, including designating locations and providers to perform forensic examinations, establishing minimum qualifications and procedures for performing forensic examinations and establishing protocols to assure the proper collection of evidence.
(d) As used in this article, the word "commission" means the Sexual Assault Forensic Examination Commission.
§15-9B-2. Powers and duties of the commission.
(a) The commission shall facilitate the recruitment and retention of qualified health care providers that are properly qualified to conduct forensic examinations. The commission shall work with county and regional officials to identify areas of greatest need and develop and implement recruitment and retention programs to help facilitate the effective collection of evidence.
(b) The commission shall authorize minimum training requirements for providers conducting exams and establish a basic standard of care for victims of sexual assault. The commission may adopt necessary and reasonable requirements relating to establishment of a statewide training and forensic examination system, including, but not limited to, developing a data collection system to monitor adherence to established standards, assisting exam providers receive training and support services, advocating the fair and reasonable reimbursement to exam providers and to facilitate transportation services for victims to get to and from designated exam locations.
(c) The commission shall approve local plans for each area of the state on a county or regional basis. If the commission deems necessary, it may add or remove a county or portion thereof from a region to assure that all areas of the state are included in an appropriate local plan. Upon the failure of any county or local region to propose a plan, the commission may implement a plan for that county or region.
(d) Once a plan is approved by the commission, it can only be amended or otherwise altered as provided the rules authorized pursuant to subsection (e) of this section. Designated facilities and organizations providing services shall give the commission thirty days advance notice of their intent to withdraw from the plan. If there is a change of circumstances, that would require a change in a county or regional plan, the members of the local board and the state commission shall be notified.
(e) The commission may propose rules for legislative approval, in accordance with article three, chapter twenty-nine-a of this code, necessary to implement this article.
§15-9B-3. Local Sexual Assault Forensic Examination Boards.
Each county prosecutor, or his or her designee, shall convene a Sexual Assault Forensic Examination Board, or may, as an alternative, convene and chair the sexual assault response team in the county to act as the Sexual Assault Forensic Examination Board. If a regional board is authorized, all county prosecutors from the designated area shall be members of the board. The prosecutors shall assure that each board be proportionally representative of the designated region. Each board may vary in membership, but should include representatives from local health care facilities, local law enforcement, multidisciplinary investigative teams, county and municipal governments and victims advocates. Each county or regional board shall develop a local plan and protocols for the area, which will address, at a minimum, the following:
(1) Identify facilities that are appropriate for receipt and treatment of sexual assault victims;
(2) Evaluate the needs and available resources of the area, including the number of qualified physicians or nurses, or both, to facilitate and encourage 24-hour, seven-day-a-week coverage;
(3) If availability of services are limited, or the remoteness of the region causes lack of adequate examination facilities or personnel, the local boards may designate local government or other resources to provide appropriate transport of victims to facilities where the victim can receive a timely and appropriate forensic examination; and
(4) Develop an alternative plan in case there is a change in circumstances to ensure continuity of service.
                                             Respectfully submitted,
Barbara Evans Fleischauer, Chair, Stephen Skinner, John N. Ellem, Conferees on the part of the House of Delegates.
Art Kirkendoll, Chair, Donald H. Cookman, Mitch Carmichael, Conferees on the part of the Senate.
On motions of Senator Kirkendoll, severally made, the report of the committee of conference was taken up for immediate consideration and adopted.
Engrossed Committee Substitute for House Bill No. 4236, 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. 4236) 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 adoption by that body of the committee of conference report, passage as amended by the conference report with its conference amended title, and requested the concurrence of the Senate in the adoption thereof, as to
Eng. Com. Sub. for House Bill No. 4298, Changing the experience requirements of the composition of the members of the West Virginia Ethics Commission.
Whereupon, Senator Williams, from the committee of conference on matters of disagreement between the two houses, as to
Eng. Com. Sub. for House Bill No. 4298, Changing the experience requirements of the composition of the members of the West Virginia Ethics Commission.
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. 4298 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, striking out everything after the enacting section, and agree to the same as follows:
ARTICLE 2. WEST VIRGINIA ETHICS COMMISSION; POWERS AND DUTIES; DISCLOSURE OF FINANCIAL INTEREST BY PUBLIC OFFICIALS AND EMPLOYEES; APPEARANCES BEFORE PUBLIC AGENCIES; CODE OF CONDUCT FOR ADMINISTRATIVE LAW JUDGES.
§6B-2-1. West Virginia Ethics Commission created; members; appointment, term of office and oath; compensation and reimbursement for expenses; meetings and quorum.
(a) ~~There is hereby created the~~ The West Virginia Ethics Commission is continued. ~~consisting of twelve members, no more than seven of whom shall be members of the same political party.~~ The members of the commission shall be appointed by the Governor with the advice and consent of the Senate. ~~Within thirty days of the effective date of this section, the Governor shall make the initial appointments to the commission.~~
(b) No person may be appointed to the commission or continue to serve as a member of the commission who:
(1) Holds elected or appointed office under the government of the United States, the State of West Virginia or any of its political subdivisions; ~~or who is~~
(2) Is a candidate for any ~~of those offices~~ political office; ~~who is employed as a registered lobbyist, or who is~~
(3) Is otherwise subject to the provisions of this chapter other than by reason of his or her appointment to or service on the commission; or ~~A member may contribute to a political campaign, but no member shall hold~~
(4) Holds any political party office or ~~participate~~ participates in a campaign relating to a referendum or other ballot issue: Provided, That a member may contribute to a political campaign.
(b) At least two members of the commission shall have served as a member of the West Virginia Legislature; at least two members of the commission shall have been employed in a full-time elected or appointed office in state government; at least one member shall have served as an elected official in a county or municipal government or on a county school board; at least one member shall have been employed full-time as a county or municipal officer or employee; and at least two members shall have served part time as a member or director of a state, county or municipal board, commission or public service district and at least four members shall be selected from the public at large. No more than four members of the commission shall reside in the same congressional district.
(c) Of the initial appointments made to the commission, two shall be for a term ending one year after the effective date of this section, two for a term ending two years after the effective date of this section, two for a term ending three years after the effective date of this section, three for a term ending four years after the effective date of this section and three shall be for terms ending five years after the effective date of this section. Thereafter, terms of office shall be for five years, each term ending on the same day of the same month of the year as did the term which it succeeds. Each member shall hold office from the date of his or her appointment until the end of the term for which he or she was appointed or until his or her successor qualifies for office. When a vacancy occurs as a result of death, resignation or removal in the membership of this commission, it shall be filled by appointment within thirty days of the vacancy for the unexpired portion of the term in the same manner as original appointments.
(c) Commencing July 1, 2014, the Ethics Commission shall consist of the following nine members, appointed with staggered terms:
_(1) One member who served as a member of the West Virginia Legislature;
_(2) One member who served as an elected or appointed county official;
_(3) One member who served as an elected or appointed municipal official;
_(4) One member who served as an elected county school board member;
_(5) One member from a rural area; and
_(6) Four citizen members.
_(d) Any commission member in office on June 30, 2014, who meets one of the categories for membership set out in subsection (c) of this section, may be reappointed. No more than five members of the commission shall be of the same political party and no more than four members shall be from the same congressional district.
_(e) After the initial staggered terms, the term of office for a commission member is five years. No member shall serve more than two consecutive full or partial terms. ~~and no~~ No person may be reappointed to the commission until at least two years have elapsed after the completion of a the second ~~successive~~ consecutive term. A member may continue to serve until a successor has been appointed and qualified.
_(f) All appointments shall be made by the Governor in a timely manner so as not to create a vacancy for longer than sixty days.
_(g) Each member must be a resident of this state during the appointment term.
_(h) Five members of the commission constitutes a quorum.
_~~(d)~~ (i) Each member of the commission shall take and subscribe to the oath or affirmation required pursuant to section five, article IV of the Constitution of West Virginia.
(j) A member may be removed by the Governor for substantial neglect of duty, gross misconduct in office or a violation of this chapter, after written notice and opportunity for reply.
~~(e)~~ (k) The commission, as appointed on July 1, 2014, shall meet ~~within thirty days of the initial appointments to the commission~~ before August 1, 2014, at a time and place to be determined by the Governor, who shall designate a member to preside at that meeting until a ~~chairman~~ chairperson is elected. At ~~it's~~ the first meeting, the commission shall elect a ~~chairman~~ chairperson and any other officers as are necessary. The commission shall within ninety days after ~~it's~~ the first meeting adopt rules for its procedures. The commission may use the rules in place on July 1, 2014, until those rules are amended or revoked.
_(f) Seven members of the commission shall constitute a quorum, except that when the commission is sitting as a hearing board pursuant to section four of this article, then five members shall constitute a quorum. Except as may be otherwise provided in this article, a majority of the total membership shall be necessary to act at all times.
~~(g)~~ (l) Members of the commission shall receive the same compensation and expense reimbursement as is paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law for each day or portion thereof engaged in the discharge of official duties: Provided, That to be eligible for compensation and expense reimbursement, the member must participate in a meeting or adjudicatory session: Provided, however, That the member is not eligible for expense reimbursement if he or she does not attend a meeting or adjudicatory session in person.
~~(h)~~ (m) The commission shall appoint an executive director to assist the commission in carrying out its functions in accordance with commission rules and with applicable law. The executive director shall be paid a salary fixed by the commission or as otherwise provided by law. The commission shall appoint and discharge counsel and employees and shall fix the compensation of employees and prescribe their duties. Counsel to the commission shall advise the commission on all legal matters and on the instruction of the commission may commence appropriate civil actions: Provided, That no counsel shall both advise the commission and act in a representative capacity in any proceeding.
~~(i)~~ (n) The commission may delegate authority to the ~~chairman~~ chairperson or the executive director to act in the name of the commission between meetings of the commission, except that the commission shall not delegate the power to hold hearings and determine violations to the ~~chairman~~ chairperson or the executive director.
~~(j)~~ (o) The principal office of the commission shall be in the seat of government, but it or its designated subcommittees may meet and exercise its power at any other place in the state. Meetings of the commission shall be public unless:
(1) They are required to be private by the provisions of this chapter relating to confidentiality; or
(2) They involve discussions of commission personnel, planned or ongoing litigation, and planned or ongoing investigations.
~~(k)~~ (p) Meetings of the commission shall be upon the call of the ~~chair~~ chairperson and may be conducted by telephonic or other electronic conferencing means: Provided, That telephone or other electronic conferencing, and voting are not permitted when the commission is acting as a hearing board under ~~section four of~~ this article, or when the Probable Cause Review Board meets to receive an oral response as authorized ~~under subsection (d), section four of~~ this article. Members shall be given notice of meetings held by telephone or other electronic conferencing in the same manner as meetings at which the members are required to attend in person. Telephone or other electronic conferences shall be electronically recorded and the recordings shall be retained by the commission in accordance with its record retention policy.;
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 House Bill No. 4298--A Bill to amend and reenact §6B-2-1 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Ethics Commission; continuing the Ethics Commission; changing the requirements of who can be a member of the Ethics Commission; reducing the number of members on the Ethics Commission to nine; and changing the composition of the membership.
                                             Respectfully submitted,
Mark Hunt, Chair, John Pino, John N. Ellem, Conferees on the part of the House of Delegates.
Bob Williams, Chair, Ronald F. Miller, Dave Sypolt, Conferees on the part of the Senate.
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 House Bill No. 4298, 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. 4298) 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 July 1, 2014, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 458, Dedicating certain circuit court fees to fund low-income persons' civil legal services.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 1. FEES AND ALLOWANCES.
§59-1-11. Fees to be charged by clerk of circuit court.
(a) The clerk of a circuit court shall charge and collect for services rendered by the clerk the following fees which shall be paid in advance by the parties for whom services are to be rendered:
(1) ~~For~~ Except as provided in subdivisions (2) and (3) of this subsection, for instituting any civil action under the Rules of Civil Procedure, any statutory summary proceeding, any extraordinary remedy, the docketing of civil appeals or removals of civil cases from magistrate court or any other action, cause, suit or proceeding, ~~$155~~ $200, of which $30 shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code and $45 shall be deposited in the special revenue account designated the Fund for Civil Legal Services for Low Income Persons, established by paragraph (B), subdivision (4), subsection (c), section ten of this article and $20 deposited in the special revenue account created in section six hundred three, article twenty-six, chapter forty-eight of this code to provide legal services for domestic violence victims;
(2) For instituting an action for medical professional liability, $280, of which $10 shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty- six, chapter twenty-nine of this code;
(3) Beginning on and after July 1, 1999, for instituting an action for divorce, separate maintenance or annulment, $135;
(4) For petitioning for the modification of an order involving child custody, child visitation, child support or spousal support, $85; ~~and~~
(5) For petitioning for an expedited modification of a child support order, $35; and
_(6) For filing any pleading that includes a counterclaim, cross claim, third-party complaint or motion to intervene, $200, which shall be deposited in the special revenue account designated the Fund for Civil Legal Services for Low Income Persons, established by paragraph (B), subdivision (4), subsection (c), section ten of this article: Provided, That this subdivision and the fee it imposes does not apply in family court cases nor may more than one such fee be imposed on any one party in any one civil action.
(b) In addition to the foregoing fees, the following fees shall be charged and collected:
(1) For preparing an abstract of judgment, $5;
(2) For a transcript, copy or paper made by the clerk for use in any other court or otherwise to go out of the office, for each page, $1;
(3) For issuing a suggestion and serving notice to the debtor by certified mail, $25;
(4) For issuing an execution, $25;
(5) For issuing or renewing a suggestee execution and serving notice to the debtor by certified mail, $25;
(6) For vacation or modification of a suggestee execution, $1;
(7) For docketing and issuing an execution on a transcript of judgment from magistrate court, $3;
(8) For arranging the papers in a certified question, writ of error, appeal or removal to any other court, $10, of which $5 shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code;
(9) For each subpoena, on the part of either plaintiff or defendant, to be paid by the party requesting the same, $0.50;
(10) For additional service, plaintiff or appellant, where any case remains on the docket longer than three years, for each additional year or part year, $20; and
(11) For administering funds deposited into a federally insured interest-bearing account or interest-bearing instrument pursuant to a court order, $50, to be collected from the party making the deposit. A fee collected pursuant to this subdivision shall be paid into the general county fund.
(c) In addition to the foregoing fees, a fee for the actual amount of the postage and express may be charged and collected for sending decrees, orders or records that have not been ordered by the court to be sent by mail or express.
(d) The clerk shall tax the following fees for services in a criminal case against a defendant convicted in such court:
(1) In the case of a misdemeanor, $85; and
(2) In the case of a felony, $105, of which $10 shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code.
(e) The clerk of a circuit court shall charge and collect a fee of $25 per bond for services rendered by the clerk for processing of criminal bonds and the fee shall be paid at the time of issuance by the person or entity set forth below:
(1) For cash bonds, the fee shall be paid by the person tendering cash as bond;
(2) For recognizance bonds secured by real estate, the fee shall be paid by the owner of the real estate serving as surety;
(3) For recognizance bonds secured by a surety company, the fee shall be paid by the surety company;
(4) For ten-percent recognizance bonds with surety, the fee shall be paid by the person serving as surety; and
(5) For ten-percent recognizance bonds without surety, the fee shall be paid by the person tendering ten percent of the bail amount.
In instances in which the total of the bond is posted by more than one bond instrument, the above fee shall be collected at the time of issuance of each bond instrument processed by the clerk and all fees collected pursuant to this subsection shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code. Nothing in this subsection authorizes the clerk to collect the above fee from any person for the processing of a personal recognizance bond.
(f) The clerk of a circuit court shall charge and collect a fee of $10 for services rendered by the clerk for processing of bailpiece and the fee shall be paid by the surety at the time of issuance. All fees collected pursuant to this subsection shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code.
(g) No clerk is required to handle or accept for disbursement any fees, cost or amounts of any other officer or party not payable into the county treasury except on written order of the court or in compliance with the provisions of law governing such fees, costs or accounts.
(h) Fees for removal of civil cases from magistrate court shall be collected by the magistrate court when the case is still properly before the magistrate court. The magistrate court clerk shall forward the fees collected to the circuit court clerk.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 458--A Bill to amend and reenact §59-1-11 of the Code of West Virginia, 1931, as amended, relating to certain fees in the circuit courts of the state to be dedicated to the support of civil legal services for low-income persons by depositing certain fees in the preexisting Fund for Civil Legal Services for Low Income Persons; requiring the civil action filing fee apply to removal of cases from magistrate court; increasing the civil action filing fee; creating a new fee associated with certain civil court filings; creating exceptions; and providing for the collection of certain fees by magistrate court.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 458, 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. 458) passed with its House of Delegates amended title.
Senator Unger moved that the bill take effect July 1, 2014.
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. 458) takes effect July 1, 2014.
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. 12, Relating to expedited partner therapy treatment.
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:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 4F. EXPEDITED PARTNER THERAPY.
§16-4F-1. Definitions.
    As used in this article, unless the context otherwise indicates, the following terms have the following meanings:
    (1) "Department" means the West Virginia Department of Health and Human Resources.
    (2) "Expedited partner therapy" means prescribing, dispensing, furnishing or otherwise providing prescription antibiotic drugs to the sexual partner or partners of a person clinically diagnosed as infected with a sexually transmitted disease without physical examination of the partner or partners.
    (3) "Health care professional" means:
    (A) An allopathic physician licensed pursuant to the provisions of article three, chapter thirty of this code;
    (B) An osteopathic physician licensed pursuant to article fourteen, chapter thirty of this code;
    (C) A physician assistant licensed pursuant to the provisions of section sixteen, article three, chapter thirty of this code or article fourteen-a, chapter thirty of this code;
    (D) An advanced practice registered nurse authorized with prescriptive authority pursuant to the provisions of section fifteen-a, article seven, chapter thirty of this code; or
    (E) A pharmacist licensed pursuant to the provisions of article five, chapter thirty of this code.
    (4) "Sexually transmitted disease" means a disease that may be treated by expedited partner therapy as determined by rule of the department.
§16-4F-2. Expedited partner therapy.
    (a) Notwithstanding any other provision of law to the contrary, a health care professional who makes a clinical diagnosis of a sexually transmitted disease may, but is not required to, provide expedited partner therapy for the treatment of the sexually transmitted disease if in the judgment of the health care professional the sexual partner is unlikely or unable to present for comprehensive health care, including evaluation, testing and treatment for sexually transmitted diseases. Expedited partner therapy is limited to a sexual partner who may have been exposed to a sexually transmitted disease within the previous sixty days and who is able to be contacted by the patient.
    (b) Any health care professional who provides expedited partner therapy shall comply with all necessary provisions of article four of this chapter.
    (c) A health care professional who provides expedited partner therapy shall provide counseling for the patient, including advice that all women and symptomatic persons, and in particular women with symptoms suggestive of pelvic inflammatory disease, are encouraged to seek medical attention. The health care professional shall also provide in written or electronic format materials provided by the department to be given by the patient to his or her sexual partner.
§16-4F-3. Informational materials.
    (a) The department shall provide information and technical assistance as appropriate to health care professionals who provide expedited partner therapy. The department shall develop and disseminate in electronic and other formats the following written materials:
    (1) Informational materials for sexual partners, as described in subsection (c), section two of this article;
    (2) Informational materials for persons who are repeatedly diagnosed with sexually transmitted diseases; and
    (3) Guidance for health care professionals on the safe and effective provision of expedited partner therapy.
    (b) The department may offer educational programs about expedited partner therapy for health care professionals.
§16-4F-4. Limitation of liability; no requirement to fill improper prescriptions.
    (a) A health care professional who provides expedited partner therapy in good faith without fee or compensation under this article and provides counseling and written materials as required in subsection (c), section two of this article, is not subject to civil or professional liability in connection with the provision of the therapy, counseling and materials, except in the case of gross negligence or willful misconduct.
    (b) A pharmacist or pharmacy is not required to fill a prescription that would cause that pharmacist or pharmacy to violate any provision of the provisions of article five, chapter thirty of this code.
§16-4F-5. Rulemaking.
    The Secretary of the Department of Health and Human Resources shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to designate certain diseases as sexually transmitted diseases which may be treated by expedited partner therapy. The department shall consider the recommendations and classifications of the federal Department of Health and Human Services, Centers for Disease Control and Prevention and other nationally recognized medical authorities in making these designations.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§30-3-14. Professional discipline of physicians and podiatrists; reporting of information to board pertaining to medical professional liability and professional incompetence required; penalties; grounds for license denial and discipline of physicians and podiatrists; investigations; physical and mental examinations; hearings; sanctions; summary sanctions; reporting by the board; reapplication; civil and criminal immunity; voluntary limitation of license; probable cause determinations.
          (a) The board may independently initiate disciplinary proceedings as well as initiate disciplinary proceedings based on information received from medical peer review committees, physicians, podiatrists, hospital administrators, professional societies and others.
          The board may initiate investigations as to professional incompetence or other reasons for which a licensed physician or podiatrist may be adjudged unqualified based upon criminal convictions; complaints by citizens, pharmacists, physicians, podiatrists, peer review committees, hospital administrators, professional societies or others; or unfavorable outcomes arising out of medical professional liability. The board shall initiate an investigation if it receives notice that three or more judgments, or any combination of judgments and settlements resulting in five or more unfavorable outcomes arising from medical professional liability have been rendered or made against the physician or podiatrist within a five-year period. The board may not consider any judgments or settlements as conclusive evidence of professional incompetence or conclusive lack of qualification to practice.
          (b) Upon request of the board, any medical peer review committee in this state shall report any information that may relate to the practice or performance of any physician or podiatrist known to that medical peer review committee. Copies of the requests for information from a medical peer review committee may be provided to the subject physician or podiatrist if, in the discretion of the board, the provision of such copies will not jeopardize the board's investigation. In the event that copies are provided, the subject physician or podiatrist is allowed fifteen days to comment on the requested information and such comments must be considered by the board.
          The chief executive officer of every hospital shall, within sixty days after the completion of the hospital's formal disciplinary procedure and also within sixty days after the commencement of and again after the conclusion of any resulting legal action, report in writing to the board the name of any member of the medical staff or any other physician or podiatrist practicing in the hospital whose hospital privileges have been revoked, restricted, reduced or terminated for any cause, including resignation, together with all pertinent information relating to such action. The chief executive officer shall also report any other formal disciplinary action taken against any physician or podiatrist by the hospital upon the recommendation of its medical staff relating to professional ethics, medical incompetence, medical professional liability, moral turpitude or drug or alcohol abuse. Temporary suspension for failure to maintain records on a timely basis or failure to attend staff or section meetings need not be reported. Voluntary cessation of hospital privileges for reasons unrelated to professional competence or ethics need not be reported.
          Any managed care organization operating in this state which provides a formal peer review process shall report in writing to the board, within sixty days after the completion of any formal peer review process and also within sixty days after the commencement of and again after the conclusion of any resulting legal action, the name of any physician or podiatrist whose credentialing has been revoked or not renewed by the managed care organization. The managed care organization shall also report in writing to the board any other disciplinary action taken against a physician or podiatrist relating to professional ethics, professional liability, moral turpitude or drug or alcohol abuse within sixty days after completion of a formal peer review process which results in the action taken by the managed care organization. For purposes of this subsection, "managed care organization" means a plan that establishes, operates or maintains a network of health care providers who have entered into agreements with and been credentialed by the plan to provide health care services to enrollees or insureds to whom the plan has the ultimate obligation to arrange for the provision of or payment for health care services through organizational arrangements for ongoing quality assurance, utilization review programs or dispute resolutions.
          Any professional society in this state comprised primarily of physicians or podiatrists which takes formal disciplinary action against a member relating to professional ethics, professional incompetence, medical professional liability, moral turpitude or drug or alcohol abuse shall report in writing to the board within sixty days of a final decision the name of the member, together with all pertinent information relating to the action.
          Every person, partnership, corporation, association, insurance company, professional society or other organization providing professional liability insurance to a physician or podiatrist in this state, including the State Board of Risk and Insurance Management, shall submit to the board the following information within thirty days from any judgment or settlement of a civil or medical professional liability action excepting product liability actions: The name of the insured; the date of any judgment or settlement; whether any appeal has been taken on the judgment and, if so, by which party; the amount of any settlement or judgment against the insured; and other information required by the board.
          Within thirty days from the entry of an order by a court in a medical professional liability action or other civil action in which a physician or podiatrist licensed by the board is determined to have rendered health care services below the applicable standard of care, the clerk of the court in which the order was entered shall forward a certified copy of the order to the board.
          Within thirty days after a person known to be a physician or podiatrist licensed or otherwise lawfully practicing medicine and surgery or podiatry in this state or applying to be licensed is convicted of a felony under the laws of this state or of any crime under the laws of this state involving alcohol or drugs in any way, including any controlled substance under state or federal law, the clerk of the court of record in which the conviction was entered shall forward to the board a certified true and correct abstract of record of the convicting court. The abstract shall include the name and address of the physician or podiatrist or applicant, the nature of the offense committed and the final judgment and sentence of the court.
          Upon a determination of the board that there is probable cause to believe that any person, partnership, corporation, association, insurance company, professional society or other organization has failed or refused to make a report required by this subsection, the board shall provide written notice to the alleged violator stating the nature of the alleged violation and the time and place at which the alleged violator shall appear to show good cause why a civil penalty should not be imposed. The hearing shall be conducted in accordance with the provisions of article five, chapter twenty-nine-a of this code. After reviewing the record of the hearing, if the board determines that a violation of this subsection has occurred, the board shall assess a civil penalty of not less than $1,000 nor more than $10,000 against the violator. The board shall notify any person so assessed of the assessment in writing and the notice shall specify the reasons for the assessment. If the violator fails to pay the amount of the assessment to the board within thirty days, the Attorney General may institute a civil action in the circuit court of Kanawha County to recover the amount of the assessment. In any civil action, the court's review of the board's action shall be conducted in accordance with the provisions of section four, article five, chapter twenty-nine-a of this code. Notwithstanding any other provision of this article to the contrary, when there are conflicting views by recognized experts as to whether any alleged conduct breaches an applicable standard of care, the evidence must be clear and convincing before the board may find that the physician or podiatrist has demonstrated a lack of professional competence to practice with a reasonable degree of skill and safety for patients.
          Any person may report to the board relevant facts about the conduct of any physician or podiatrist in this state which in the opinion of that person amounts to medical professional liability or professional incompetence.
          The board shall provide forms for filing reports pursuant to this section. Reports submitted in other forms shall be accepted by the board.
          The filing of a report with the board pursuant to any provision of this article, any investigation by the board or any disposition of a case by the board does not preclude any action by a hospital, other health care facility or professional society comprised primarily of physicians or podiatrists to suspend, restrict or revoke the privileges or membership of the physician or podiatrist.
          (c) The board may deny an application for license or other authorization to practice medicine and surgery or podiatry in this state and may discipline a physician or podiatrist licensed or otherwise lawfully practicing in this state who, after a hearing, has been adjudged by the board as unqualified due to any of the following reasons:
          (1) Attempting to obtain, obtaining, renewing or attempting to renew a license to practice medicine and surgery or podiatry by bribery, fraudulent misrepresentation or through known error of the board;
          (2) Being found guilty of a crime in any jurisdiction, which offense is a felony, involves moral turpitude or directly relates to the practice of medicine. Any plea of nolo contendere is a conviction for the purposes of this subdivision;
          (3) False or deceptive advertising;
          (4) Aiding, assisting, procuring or advising any unauthorized person to practice medicine and surgery or podiatry contrary to law;
          (5) Making or filing a report that the person knows to be false; intentionally or negligently failing to file a report or record required by state or federal law; willfully impeding or obstructing the filing of a report or record required by state or federal law; or inducing another person to do any of the foregoing. The reports and records covered in this subdivision mean only those that are signed in the capacity as a licensed physician or podiatrist;
          (6) Requesting, receiving or paying directly or indirectly a payment, rebate, refund, commission, credit or other form of profit or valuable consideration for the referral of patients to any person or entity in connection with providing medical or other health care services or clinical laboratory services, supplies of any kind, drugs, medication or any other medical goods, services or devices used in connection with medical or other health care services;
          (7) Unprofessional conduct by any physician or podiatrist in referring a patient to any clinical laboratory or pharmacy in which the physician or podiatrist has a proprietary interest unless the physician or podiatrist discloses in writing such interest to the patient. The written disclosure shall indicate that the patient may choose any clinical laboratory for purposes of having any laboratory work or assignment performed or any pharmacy for purposes of purchasing any prescribed drug or any other medical goods or devices used in connection with medical or other health care services;
          As used in this subdivision, "proprietary interest" does not include an ownership interest in a building in which space is leased to a clinical laboratory or pharmacy at the prevailing rate under a lease arrangement that is not conditional upon the income or gross receipts of the clinical laboratory or pharmacy;
          (8) Exercising influence within a patient-physician relationship for the purpose of engaging a patient in sexual activity;
          (9) Making a deceptive, untrue or fraudulent representation in the practice of medicine and surgery or podiatry;
          (10) Soliciting patients, either personally or by an agent, through the use of fraud, intimidation or undue influence;
          (11) Failing to keep written records justifying the course of treatment of a patient, including, but not limited to, patient histories, examination and test results and treatment rendered, if any;
          (12) Exercising influence on a patient in such a way as to exploit the patient for financial gain of the physician or podiatrist or of a third party. Any influence includes, but is not limited to, the promotion or sale of services, goods, appliances or drugs;
          (13) Prescribing, dispensing, administering, mixing or otherwise preparing a prescription drug, including any controlled substance under state or federal law, other than in good faith and in a therapeutic manner in accordance with accepted medical standards and in the course of the physician's or podiatrist's professional practice. ~~Provided,~~ ~~That a~~ A physician who discharges his or her professional obligation to relieve the pain and suffering and promote the dignity and autonomy of dying patients in his or her care and, in so doing, exceeds the average dosage of a pain relieving controlled substance, as defined in Schedules II and III of the Uniform Controlled Substance Act, does not violate this article. A physician licensed under this chapter may not be disciplined for providing expedited partner therapy in accordance with the provisions of article four-f, chapter sixteen of this code;
          (14) Performing any procedure or prescribing any therapy that, by the accepted standards of medical practice in the community, would constitute experimentation on human subjects without first obtaining full, informed and written consent;
          (15) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities that the person knows or has reason to know he or she is not competent to perform;
          (16) Delegating professional responsibilities to a person when the physician or podiatrist delegating the responsibilities knows or has reason to know that the person is not qualified by training, experience or licensure to perform them;
          (17) Violating any provision of this article or a rule or order of the board or failing to comply with a subpoena or subpoena duces tecum issued by the board;
          (18) Conspiring with any other person to commit an act or committing an act that would tend to coerce, intimidate or preclude another physician or podiatrist from lawfully advertising his or her services;
          (19) Gross negligence in the use and control of prescription forms;
          (20) Professional incompetence; or
          (21) The inability to practice medicine and surgery or podiatry with reasonable skill and safety due to physical or mental impairment, including deterioration through the aging process, loss of motor skill or abuse of drugs or alcohol. A physician or podiatrist adversely affected under this subdivision shall be afforded an opportunity at reasonable intervals to demonstrate that he or she may resume the competent practice of medicine and surgery or podiatry with reasonable skill and safety to patients. In any proceeding under this subdivision, neither the record of proceedings nor any orders entered by the board shall be used against the physician or podiatrist in any other proceeding.
          (d) The board shall deny any application for a license or other authorization to practice medicine and surgery or podiatry in this state to any applicant who, and shall revoke the license of any physician or podiatrist licensed or otherwise lawfully practicing within this state who, is found guilty by any court of competent jurisdiction of any felony involving prescribing, selling, administering, dispensing, mixing or otherwise preparing any prescription drug, including any controlled substance under state or federal law, for other than generally accepted therapeutic purposes. Presentation to the board of a certified copy of the guilty verdict or plea rendered in the court is sufficient proof thereof for the purposes of this article. A plea of nolo contendere has the same effect as a verdict or plea of guilt. Upon application of a physician that has had his or her license revoked because of a drug-related felony conviction, upon completion of any sentence of confinement, parole, probation or other court-ordered supervision and full satisfaction of any fines, judgments or other fees imposed by the sentencing court, the board may issue the applicant a new license upon a finding that the physician is, except for the underlying conviction, otherwise qualified to practice medicine: Provided, That the board may place whatever terms, conditions or limitations it deems appropriate upon a physician licensed pursuant to this subsection.
          (e) The board may refer any cases coming to its attention to an appropriate committee of an appropriate professional organization for investigation and report. Except for complaints related to obtaining initial licensure to practice medicine and surgery or podiatry in this state by bribery or fraudulent misrepresentation, any complaint filed more than two years after the complainant knew, or in the exercise of reasonable diligence should have known, of the existence of grounds for the complaint shall be dismissed: Provided, That in cases of conduct alleged to be part of a pattern of similar misconduct or professional incapacity that, if continued, would pose risks of a serious or substantial nature to the physician's or podiatrist's current patients, the investigating body may conduct a limited investigation related to the physician's or podiatrist's current capacity and qualification to practice and may recommend conditions, restrictions or limitations on the physician's or podiatrist's license to practice that it considers necessary for the protection of the public. Any report shall contain recommendations for any necessary disciplinary measures and shall be filed with the board within ninety days of any referral. The recommendations shall be considered by the board and the case may be further investigated by the board. The board after full investigation shall take whatever action it considers appropriate, as provided in this section.
          (f) The investigating body, as provided in subsection (e) of this section, may request and the board under any circumstances may require a physician or podiatrist or person applying for licensure or other authorization to practice medicine and surgery or podiatry in this state to submit to a physical or mental examination by a physician or physicians approved by the board. A physician or podiatrist submitting to an examination has the right, at his or her expense, to designate another physician to be present at the examination and make an independent report to the investigating body or the board. The expense of the examination shall be paid by the board. Any individual who applies for or accepts the privilege of practicing medicine and surgery or podiatry in this state is considered to have given his or her consent to submit to all examinations when requested to do so in writing by the board and to have waived all objections to the admissibility of the testimony or examination report of any examining physician on the ground that the testimony or report is privileged communication. If a person fails or refuses to submit to an examination under circumstances which the board finds are not beyond his or her control, failure or refusal is prima facie evidence of his or her inability to practice medicine and surgery or podiatry competently and in compliance with the standards of acceptable and prevailing medical practice.
          (g) In addition to any other investigators it employs, the board may appoint one or more licensed physicians to act for it in investigating the conduct or competence of a physician.
          (h) In every disciplinary or licensure denial action, the board shall furnish the physician or podiatrist or applicant with written notice setting out with particularity the reasons for its action. Disciplinary and licensure denial hearings shall be conducted in accordance with the provisions of article five, chapter twenty-nine-a of this code. However, hearings shall be heard upon sworn testimony and the rules of evidence for trial courts of record in this state shall apply to all hearings. A transcript of all hearings under this section shall be made, and the respondent may obtain a copy of the transcript at his or her expense. The physician or podiatrist has the right to defend against any charge by the introduction of evidence, the right to be represented by counsel, the right to present and cross examine witnesses and the right to have subpoenas and subpoenas duces tecum issued on his or her behalf for the attendance of witnesses and the production of documents. The board shall make all its final actions public. The order shall contain the terms of all action taken by the board.
          (i) In disciplinary actions in which probable cause has been found by the board, the board shall, within twenty days of the date of service of the written notice of charges or sixty days prior to the date of the scheduled hearing, whichever is sooner, provide the respondent with the complete identity, address and telephone number of any person known to the board with knowledge about the facts of any of the charges; provide a copy of any statements in the possession of or under the control of the board; provide a list of proposed witnesses with addresses and telephone numbers, with a brief summary of his or her anticipated testimony; provide disclosure of any trial expert pursuant to the requirements of Rule 26(b)(4) of the West Virginia Rules of Civil Procedure; provide inspection and copying of the results of any reports of physical and mental examinations or scientific tests or experiments; and provide a list and copy of any proposed exhibit to be used at the hearing: Provided, That the board shall not be required to furnish or produce any materials which contain opinion work product information or would be a violation of the attorney-client privilege. Within twenty days of the date of service of the written notice of charges, the board shall disclose any exculpatory evidence with a continuing duty to do so throughout the disciplinary process. Within thirty days of receipt of the board's mandatory discovery, the respondent shall provide the board with the complete identity, address and telephone number of any person known to the respondent with knowledge about the facts of any of the charges; provide a list of proposed witnesses with addresses and telephone numbers, to be called at hearing, with a brief summary of his or her anticipated testimony; provide disclosure of any trial expert pursuant to the requirements of Rule 26(b)(4) of the West Virginia Rules of Civil Procedure; provide inspection and copying of the results of any reports of physical and mental examinations or scientific tests or experiments; and provide a list and copy of any proposed exhibit to be used at the hearing.
          (j) Whenever it finds any person unqualified because of any of the grounds set forth in subsection (c) of this section, the board may enter an order imposing one or more of the following:
          (1) Deny his or her application for a license or other authorization to practice medicine and surgery or podiatry;
          (2) Administer a public reprimand;
          (3) Suspend, limit or restrict his or her license or other authorization to practice medicine and surgery or podiatry for not more than five years, including limiting the practice of that person to, or by the exclusion of, one or more areas of practice, including limitations on practice privileges;
          (4) Revoke his or her license or other authorization to practice medicine and surgery or podiatry or to prescribe or dispense controlled substances for a period not to exceed ten years;
          (5) Require him or her to submit to care, counseling or treatment designated by the board as a condition for initial or continued licensure or renewal of licensure or other authorization to practice medicine and surgery or podiatry;
          (6) Require him or her to participate in a program of education prescribed by the board;
          (7) Require him or her to practice under the direction of a physician or podiatrist designated by the board for a specified period of time; and
          (8) Assess a civil fine of not less than $1,000 nor more than $10,000.
          (k) Notwithstanding the provisions of section eight, article one, chapter thirty of this code, if the board determines the evidence in its possession indicates that a physician's or podiatrist's continuation in practice or unrestricted practice constitutes an immediate danger to the public, the board may take any of the actions provided in subsection (j) of this section on a temporary basis and without a hearing if institution of proceedings for a hearing before the board are initiated simultaneously with the temporary action and begin within fifteen days of the action. The board shall render its decision within five days of the conclusion of a hearing under this subsection.
          (l) Any person against whom disciplinary action is taken pursuant to the provisions of this article has the right to judicial review as provided in articles five and six, chapter twenty-nine-a of this code: Provided, That a circuit judge may also remand the matter to the board if it appears from competent evidence presented to it in support of a motion for remand that there is newly discovered evidence of such a character as ought to produce an opposite result at a second hearing on the merits before the board and:
          (1) The evidence appears to have been discovered since the board hearing; and
          (2) The physician or podiatrist exercised due diligence in asserting his or her evidence and that due diligence would not have secured the newly discovered evidence prior to the appeal.
          A person may not practice medicine and surgery or podiatry or deliver health care services in violation of any disciplinary order revoking, suspending or limiting his or her license while any appeal is pending. Within sixty days, the board shall report its final action regarding restriction, limitation, suspension or revocation of the license of a physician or podiatrist, limitation on practice privileges or other disciplinary action against any physician or podiatrist to all appropriate state agencies, appropriate licensed health facilities and hospitals, insurance companies or associations writing medical malpractice insurance in this state, the American Medical Association, the American Podiatry Association, professional societies of physicians or podiatrists in the state and any entity responsible for the fiscal administration of Medicare and Medicaid.
          (m) Any person against whom disciplinary action has been taken under the provisions of this article shall, at reasonable intervals, be afforded an opportunity to demonstrate that he or she can resume the practice of medicine and surgery or podiatry on a general or limited basis. At the conclusion of a suspension, limitation or restriction period the physician or podiatrist may resume practice if the board has so ordered.
          (n) Any entity, organization or person, including the board, any member of the board, its agents or employees and any entity or organization or its members referred to in this article, any insurer, its agents or employees, a medical peer review committee and a hospital governing board, its members or any committee appointed by it acting without malice and without gross negligence in making any report or other information available to the board or a medical peer review committee pursuant to law and any person acting without malice and without gross negligence who assists in the organization, investigation or preparation of any such report or information or assists the board or a hospital governing body or any committee in carrying out any of its duties or functions provided by law is immune from civil or criminal liability, except that the unlawful disclosure of confidential information possessed by the board is a misdemeanor as provided in this article.
          (o) A physician or podiatrist may request in writing to the board a limitation on or the surrendering of his or her license to practice medicine and surgery or podiatry or other appropriate sanction as provided in this section. The board may grant the request and, if it considers it appropriate, may waive the commencement or continuation of other proceedings under this section. A physician or podiatrist whose license is limited or surrendered or against whom other action is taken under this subsection may, at reasonable intervals, petition for removal of any restriction or limitation on or for reinstatement of his or her license to practice medicine and surgery or podiatry.
          (p) In every case considered by the board under this article regarding discipline or licensure, whether initiated by the board or upon complaint or information from any person or organization, the board shall make a preliminary determination as to whether probable cause exists to substantiate charges of disqualification due to any reason set forth in subsection (c) of this section. If probable cause is found to exist, all proceedings on the charges shall be open to the public who are entitled to all reports, records and nondeliberative materials introduced at the hearing, including the record of the final action taken: Provided, That any medical records, which were introduced at the hearing and which pertain to a person who has not expressly waived his or her right to the confidentiality of the records, may not be open to the public nor is the public entitled to the records.
          (q) If the board receives notice that a physician or podiatrist has been subjected to disciplinary action or has had his or her credentials suspended or revoked by the board, a hospital or a professional society, as defined in subsection (b) of this section, for three or more incidents during a five-year period, the board shall require the physician or podiatrist to practice under the direction of a physician or podiatrist designated by the board for a specified period of time to be established by the board.
          (r) Notwithstanding any other provisions of this article, the board may, at any time, on its own motion, or upon motion by the complainant, or upon motion by the physician or podiatrist, or by stipulation of the parties, refer the matter to mediation. The board shall obtain a list from the West Virginia State Bar's mediator referral service of certified mediators with expertise in professional disciplinary matters. The board and the physician or podiatrist may choose a mediator from that list. If the board and the physician or podiatrist are unable to agree on a mediator, the board shall designate a mediator from the list by neutral rotation. The mediation shall not be considered a proceeding open to the public and any reports and records introduced at the mediation shall not become part of the public record. The mediator and all participants in the mediation shall maintain and preserve the confidentiality of all mediation proceedings and records. The mediator may not be subpoenaed or called to testify or otherwise be subject to process requiring disclosure of confidential information in any proceeding relating to or arising out of the disciplinary or licensure matter mediated: Provided, That any confidentiality agreement and any written agreement made and signed by the parties as a result of mediation may be used in any proceedings subsequently instituted to enforce the written agreement. The agreements may be used in other proceedings if the parties agree in writing.
§30-3-16. Physician assistants; definitions; Board of Medicine rules; annual report; licensure; temporary license; relicensure; job description required; revocation or suspension of licensure; responsibilities of supervising physician; legal responsibility for physician assistants; reporting by health care facilities; identification; limitations on employment and duties; fees; continuing education; unlawful representation of physician assistant as a physician; criminal penalties.
(a) As used in this section:
          (1) "Approved program" means an educational program for physician assistants approved and accredited by the Committee on Accreditation of Allied Health Education Programs or its successor;
          (2) "Health care facility" means any licensed hospital, nursing home, extended care facility, state health or mental institution, clinic or physician's office;
          (3) "Physician assistant" means an assistant to a physician who is a graduate of an approved program of instruction in primary health care or surgery, has attained a baccalaureate or master's degree, has passed the national certification examination and is qualified to perform direct patient care services under the supervision of a physician;
          (4) "Physician assistant-midwife" means a physician assistant who meets all qualifications set forth under subdivision (3) of this subsection and fulfills the requirements set forth in subsection (d) of this section, is subject to all provisions of this section and assists in the management and care of a woman and her infant during the prenatal, delivery and post-natal periods; and
          (5) "Supervising physician" means a doctor or doctors of medicine or podiatry permanently and fully licensed in this state without restriction or limitation who assume legal and supervisory responsibility for the work or training of any physician assistant under his or her supervision.
          (b) The board shall promulgate rules pursuant to the provisions of article three, chapter twenty-nine-a of this code governing the extent to which physician assistants may function in this state. The rules shall provide that the physician assistant is limited to the performance of those services for which he or she is trained and that he or she performs only under the supervision and control of a physician permanently licensed in this state but that supervision and control does not require the personal presence of the supervising physician at the place or places where services are rendered if the physician assistant's normal place of employment is on the premises of the supervising physician. The supervising physician may send the physician assistant off the premises to perform duties under his or her direction but a separate place of work for the physician assistant may not be established. In promulgating the rules, the board shall allow the physician assistant to perform those procedures and examinations and, in the case of certain authorized physician assistants, to prescribe at the direction of his or her supervising physician, in accordance with subsection (r) of this section, those categories of drugs submitted to it in the job description required by this section. Certain authorized physician assistants may pronounce death in accordance with the rules proposed by the board which receive legislative approval. The board shall compile and publish an annual report that includes a list of currently licensed physician assistants and their supervising physician(s) and location in the state.
          (c) The board shall license as a physician assistant any person who files an application together with a proposed job description and furnishes satisfactory evidence to it that he or she has met the following standards:
          (1) Is a graduate of an approved program of instruction in primary health care or surgery;
          (2) Has passed the certifying examination for a primary care physician assistant administered by the National Commission on Certification of Physician Assistants and has maintained certification by that commission so as to be currently certified;
          (3) Is of good moral character; and
          (4) Has attained a Baccalaureate or Master's Degree.
          (d) The board shall license as a physician assistant-midwife any person who meets the standards set forth under subsection (c) of this section and, in addition thereto, the following standards:
          (1) Is a graduate of a school of midwifery accredited by the American College of Nurse-Midwives;
          (2) Has passed an examination approved by the board; and
          (3) Practices midwifery under the supervision of a board- certified obstetrician, gynecologist or a board-certified family practice physician who routinely practices obstetrics.
          (e) The board may license as a physician assistant any person who files an application together with a proposed job description and furnishes satisfactory evidence that he or she is of good moral character and meets either of the following standards:
          (1) He or she is a graduate of an approved program of instruction in primary health care or surgery prior to July 1, 1994, and has passed the certifying examination for a physician assistant administered by the National Commission on Certification of Physician Assistants and has maintained certification by that commission so as to be currently certified; or
          (2) He or she had been certified by the board as a physician assistant then classified as Type B prior to July 1, 1983.
          (f) Licensure of an assistant to a physician practicing the specialty of ophthalmology is permitted under this section: Provided, That a physician assistant may not dispense a prescription for a refraction.
          (g) When a graduate of an approved program who has successfully passed the National Commission on Certification of Physician Assistants' certifying examination submits an application to the board for a physician assistant license, accompanied by a job description as referenced by this section, and a $50 temporary license fee, and the application is complete, the board shall issue to that applicant a temporary license allowing that applicant to function as a physician assistant.
          (h) When a graduate of an approved program submits an application to the board for a physician assistant license, accompanied by a job description as referenced by this section, and a $50 temporary license fee, and the application is complete, the board shall issue to the applicant a temporary license allowing the applicant to function as a physician assistant until the applicant successfully passes the National Commission on Certification of Physician Assistants' certifying examination so long as the applicant sits for and obtains a passing score on the examination next offered following graduation from the approved program.
          (i) No applicant may receive a temporary license who, following graduation from an approved program, has not obtained a passing score on the examination.
          (j) A physician assistant who has not been certified by the National Commission on Certification of Physician Assistants will be restricted to work under the direct supervision of the supervising physician.
          (k) A physician assistant who has been issued a temporary license shall, within thirty days of receipt of written notice from the National Commission on Certification of Physician Assistants of his or her performance on the certifying examination, notify the board in writing of his or her results. In the event of failure of that examination, the temporary license shall terminate automatically and the board shall so notify the physician assistant in writing.
          (l) In the event a physician assistant fails a recertification examination of the National Commission on Certification of Physician Assistants and is no longer certified, the physician assistant shall immediately notify his or her supervising physician or physicians and the board in writing. The physician assistant shall immediately cease practicing, the license shall terminate automatically and the physician assistant is not eligible for reinstatement until he or she has obtained a passing score on the examination.
          (m) A physician applying to the board to supervise a physician assistant shall affirm that the range of medical services set forth in the physician assistant's job description are consistent with the skills and training of the supervising physician and the physician assistant. Before a physician assistant can be employed or otherwise use his or her skills, the supervising physician and the physician assistant must obtain approval of the job description from the board. The board may revoke or suspend any license of an assistant to a physician for cause, after giving the assistant an opportunity to be heard in the manner provided by article five, chapter twenty-nine-a of this code and as set forth in rules duly adopted by the board.
          (n) The supervising physician is responsible for observing, directing and evaluating the work, records and practices of each physician assistant performing under his or her supervision. He or she shall notify the board in writing of any termination of his or her supervisory relationship with a physician assistant within ten days of the termination. The legal responsibility for any physician assistant remains with the supervising physician at all times including occasions when the assistant under his or her direction and supervision aids in the care and treatment of a patient in a health care facility. In his or her absence, a supervising physician must designate an alternate supervising physician but the legal responsibility remains with the supervising physician at all times. A health care facility is not legally responsible for the actions or omissions of the physician assistant unless the physician assistant is an employee of the facility.
          (o) The acts or omissions of a physician assistant employed by health care facilities providing inpatient or outpatient services are the legal responsibility of the facilities. Physician assistants employed by facilities in staff positions shall be supervised by a permanently licensed physician.
          (p) A health care facility shall report in writing to the board within sixty days after the completion of the facility's formal disciplinary procedure and after the commencement and conclusion of any resulting legal action, the name of any physician assistant practicing in the facility whose privileges at the facility have been revoked, restricted, reduced or terminated for any cause including resignation, together with all pertinent information relating to the action. The health care facility shall also report any other formal disciplinary action taken against any physician assistant by the facility relating to professional ethics, medical incompetence, medical malpractice, moral turpitude or drug or alcohol abuse. Temporary suspension for failure to maintain records on a timely basis or failure to attend staff or section meetings need not be reported.
          (q) When functioning as a physician assistant, the physician assistant shall wear a name tag that identifies him or her as a physician assistant. A two and one-half by three and one-half inch card of identification shall be furnished by the board upon licensure of the physician assistant.
          (r) A physician assistant may write or sign prescriptions or transmit prescriptions by word of mouth, telephone or other means of communication at the direction of his or her supervising physician. A fee of $50 will be charged for prescription-writing privileges. The board shall promulgate rules pursuant to the provisions of article three, chapter twenty-nine-a of this code governing the eligibility and extent to which a physician assistant may prescribe at the direction of the supervising physician. The rules shall include, but not be limited to, the following:
          (1) Provisions and restrictions for approving a state formulary classifying pharmacologic categories of drugs that may be prescribed by a physician assistant are as follows:
          (A) Schedules I and II of the Uniform Controlled Substances Act, antineoplastic, radiopharmaceuticals, general anesthetics and radiographic contrast materials shall be excluded from the formulary;
          (B) Drugs listed under Schedule III shall be limited to a 72- hour supply without refill;
          (C) In addition to the above referenced provisions and restrictions and at the direction of a supervising physician, the rules shall permit the prescribing of an annual supply of any drug, with the exception of controlled substances, which is prescribed for the treatment of a chronic condition, other than chronic pain management. For the purposes of this section, a chronic condition is a condition which lasts three months or more, generally cannot be prevented by vaccines, can be controlled but not cured by medication and does not generally disappear. These conditions, with the exception of chronic pain, include, but are not limited to, arthritis, asthma, cardiovascular disease, cancer, diabetes, epilepsy and seizures and obesity. The prescriber authorized in this section shall note on the prescription the chronic disease being treated.
          (D) Categories of other drugs may be excluded as determined by the board.
          (2) All pharmacological categories of drugs to be prescribed by a physician assistant shall be listed in each job description submitted to the board as required in subsection (i) of this section;
          (3) The maximum dosage a physician assistant may prescribe;
          (4) A requirement that to be eligible for prescription privileges, a physician assistant shall have performed patient care services for a minimum of two years immediately preceding the submission to the board of the job description containing prescription privileges and shall have successfully completed an accredited course of instruction in clinical pharmacology approved by the board; ~~and~~
          (5) A requirement that to maintain prescription privileges, a physician assistant shall continue to maintain national certification as a physician assistant and, in meeting the national certification requirements, shall complete a minimum of ten hours of continuing education in rational drug therapy in each certification period. Nothing in this subsection permits a physician assistant to independently prescribe or dispense drugs; and
__________(6) A provision that a physician assistant licensed under this chapter may not be disciplined for providing expedited partner therapy in accordance with the provisions of article four-f, chapter sixteen of this code.
          (s) A supervising physician may not supervise at any one time more than three full-time physician assistants or their equivalent, except that a physician may supervise up to four hospital-employed physician assistants. No physician shall supervise more than four physician assistants at any one time.
          (t) A physician assistant may not sign any prescription, except in the case of an authorized physician assistant at the direction of his or her supervising physician in accordance with the provisions of subsection (r) of this section. A physician assistant may not perform any service that his or her supervising physician is not qualified to perform. A physician assistant may not perform any service that is not included in his or her job description and approved by the board as provided ~~for~~ in this section.
          (u) The provisions of this section do not authorize a physician assistant to perform any specific function or duty delegated by this code to those persons licensed as chiropractors, dentists, dental hygienists, optometrists or pharmacists or certified as nurse anesthetists.
          (v) Each application for licensure submitted by a licensed supervising physician under this section is to be accompanied by a fee of $200. A fee of $100 is to be charged for the biennial renewal of the license. A fee of $50 is to be charged for any change or addition of supervising physician or change or addition of job location. A fee of $50 will be charged for prescriptive writing privileges.
          (w) As a condition of renewal of physician assistant license, each physician assistant shall provide written documentation of participation in and successful completion during the preceding two-year period of continuing education, in the number of hours specified by the board by rule, designated as Category I by the American Medical Association, American Academy of Physician Assistants or the Academy of Family Physicians and continuing education, in the number of hours specified by the board by rule, designated as Category II by the Association or either Academy.
          (x) Notwithstanding any provision of this chapter to the contrary, failure to timely submit the required written documentation results in the automatic expiration of any license as a physician assistant until the written documentation is submitted to and approved by the board.
          (y) If a license is automatically expired and reinstatement is sought within one year of the automatic expiration, the former licensee shall:
          (1) Provide certification with supporting written documentation of the successful completion of the required continuing education;
          (2) Pay a renewal fee; and
          (3) Pay a reinstatement fee equal to fifty percent of the renewal fee.
          (z) If a license is automatically expired and more than one year has passed since the automatic expiration, the former licensee shall:
          (1) Apply for a new license;
          (2) Provide certification with supporting written documentation of the successful completion of the required continuing education; and
          (3) Pay such fees as determined by the board.
          (aa) It is unlawful for any physician assistant to represent to any person that he or she is a physician, surgeon or podiatrist. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than two years, or be fined not more than $2,000, or both fined and imprisoned.
          (bb) All physician assistants holding valid certificates issued by the board prior to July 1, 1992, are licensed under this section.
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS
     AND PHARMACIES.
§30-5-3. When licensed pharmacist required; person not licensed pharmacist, pharmacy technician or licensed intern not to compound prescriptions or dispense poisons or narcotics; licensure of interns; prohibiting the dispensing of prescription orders in absence of practitioner-patient relationship.
  (a) It is unlawful for any person not a pharmacist, or who does not employ a pharmacist, to conduct any pharmacy or store for the purpose of retailing, compounding or dispensing prescription drugs or prescription devices.
  (b) It is unlawful for the proprietor of any store or pharmacy, any "ambulatory health care facility", as that term is defined in section one, article five-b, chapter sixteen of this code, that offers pharmaceutical care, or a facility operated to provide health care or mental health care services free of charge or at a reduced rate and that operates a charitable clinic pharmacy to permit any person not a pharmacist to compound or dispense prescriptions or prescription refills or to retail or dispense the poisons and narcotic drugs named in sections two, three and six, article eight, chapter sixteen of this code: Provided, That a licensed intern may compound and dispense prescriptions or prescription refills under the direct supervision of a pharmacist: Provided, however, That registered pharmacy technicians may assist in the preparation and dispensing of prescriptions or prescription refills, including, but not limited to, reconstitution of liquid medications, typing and affixing labels under the direct supervision of a licensed pharmacist.
  (c) It is the duty of a pharmacist or employer who employs an intern to license the intern with the board within ninety days after employment. The board shall furnish proper forms for this purpose and shall issue a certificate to the intern upon licensure.
  (d) The experience requirement for licensure as a pharmacist shall be computed from the date certified by the supervising pharmacist as the date of entering the internship. If the internship is not registered with the Board of Pharmacy, then the intern shall receive no credit for the experience when he or she makes application for examination for licensure as a pharmacist: Provided, That credit may be given for the unregistered experience if an appeal is made and evidence produced showing experience was obtained but not registered and that failure to register the internship experience was not the fault of the intern.
  (e) An intern having served part or all of his or her internship in a pharmacy in another state or foreign country shall be given credit for the same when the affidavit of his or her internship is signed by the pharmacist under whom he or she served, and it shows the dates and number of hours served in the internship and when the affidavit is attested by the secretary of the State Board of Pharmacy of the state or country where the internship was served.
  (f) Up to one third of the experience requirement for licensure as a pharmacist may be fulfilled by an internship in a foreign country.
  (g) No pharmacist may compound or dispense any prescription order when he or she has knowledge that the prescription was issued by a practitioner without establishing a valid practitioner-patient relationship. An online or telephonic evaluation by questionnaire, or an online or telephonic consultation, is inadequate to establish a valid practitioner-patient relationship: Provided, That this prohibition does not apply:
  (1) In a documented emergency;
  (2) In an on-call or cross-coverage situation; or
  (3) For the treatment of sexually transmitted diseases by expedited partner therapy as set forth in article four-f, chapter sixteen of this code; or
__~~(3)~~ (4) Where patient care is rendered in consultation with another practitioner who has an ongoing relationship with the patient and who has agreed to supervise the patient's treatment, including the use of any prescribed medications.
ARTICLE 7. REGISTERED PROFESSIONAL NURSES.
§30-7-15a. Prescriptive authority for prescription drugs; coordination with Board of Pharmacy.
  (a) The board may, in its discretion, authorize an advanced practice registered nurse to prescribe prescription drugs in a collaborative relationship with a physician licensed to practice in West Virginia and in accordance with applicable state and federal laws. An authorized advanced practice registered nurse may write or sign prescriptions or transmit prescriptions verbally or by other means of communication.
  (b) For purposes of this section an agreement to a collaborative relationship for prescriptive practice between a physician and an advanced practice registered nurse shall be set forth in writing. Verification of the agreement shall be filed with the board by the advanced practice registered nurse. The board shall forward a copy of the verification to the Board of Medicine and the Board of Osteopathic Medicine. Collaborative agreements shall include, but are not limited to, the following:
  (1) Mutually agreed upon written guidelines or protocols for prescriptive authority as it applies to the advanced practice registered nurse's clinical practice;
  (2) Statements describing the individual and shared responsibilities of the advanced practice registered nurse and the physician pursuant to the collaborative agreement between them;
  (3) Periodic and joint evaluation of prescriptive practice; and
  (4) Periodic and joint review and updating of the written guidelines or protocols.
  (c) The board shall promulgate legislative rules in accordance with the provisions of chapter twenty-nine-a of this code governing the eligibility and extent to which an advanced practice registered nurse may prescribe drugs. Such rules shall provide, at a minimum, a state formulary classifying those categories of drugs which shall not be prescribed by advanced practice registered nurse including, but not limited to, Schedules I and II of the Uniform Controlled Substances Act, antineoplastics, radiopharmaceuticals and general anesthetics. Drugs listed under Schedule III shall be limited to a 72-hour supply without refill. The rules shall also include a provision that advanced nurse practitioners licensed under this chapter may not be disciplined for providing expedited partner therapy in accordance with the provisions of article four-f, chapter sixteen of this code. In addition to the above-referenced provisions and restrictions and pursuant to a collaborative agreement as set forth in subsections (a) and (b) of this section, the rules shall permit the prescribing of an annual supply of any drug, with the exception of controlled substances, which is prescribed for the treatment of a chronic condition, other than chronic pain management. For the purposes of this section, a chronic condition is a condition which lasts three months or more, generally cannot be prevented by vaccines, can be controlled but not cured by medication and does not generally disappear. These conditions, with the exception of chronic pain, include, but are not limited to, arthritis, asthma, cardiovascular disease, cancer, diabetes, epilepsy and seizures and obesity. The prescriber authorized in this section shall note on the prescription the chronic disease being treated.
  (d) The board shall consult with other appropriate boards for the development of the formulary.
  (e) The board shall transmit to the Board of Pharmacy a list of all advanced practice registered nurses with prescriptive authority. The list shall include:
  (1) The name of the authorized advanced practice registered nurse;
  (2) The prescriber's identification number assigned by the board; and
  (3) The effective date of prescriptive authority.
ARTICLE 14. OSTEOPATHIC PHYSICIANS AND SURGEONS.
§30-14-11. Refusal, suspension or revocation of license; suspension or revocation of certificate of authorization.
               (a) The board may either refuse to issue or may suspend or revoke any license for any one or more of the following causes:
               (1) Conviction of a felony, as shown by a certified copy of the record of the trial court;
               (2) Conviction of a misdemeanor involving moral turpitude;
               (3) Violation of any provision of this article regulating the practice of osteopathic physicians and surgeons;
               (4) Fraud, misrepresentation or deceit in procuring or attempting to procure admission to practice;
               (5) Gross malpractice;
               (6) Advertising by means of knowingly false or deceptive statements;
               (7) Advertising, practicing or attempting to practice under a name other than one's own;
               (8) Habitual drunkenness, or habitual addiction to the use of morphine, cocaine or other habit-forming drugs.
               (b) The board shall also have the power to suspend or revoke for cause any certificate of authorization issued by it. It shall have the power to reinstate any certificate of authorization suspended or revoked by it.
               (c) An osteopathic physician licensed under this chapter may not be disciplined for providing expedited partner therapy in accordance with the provisions of article four-f, chapter sixteen of this code.
ARTICLE 14A. ASSISTANTS TO OSTEOPATHIC PHYSICIANS AND SURGEONS.
§30-14A-1. Osteopathic physician assistant to osteopathic physicians and surgeons; definitions; Board of Osteopathy rules; licensure; temporary licensure; renewal of license; job description required; revocation or suspension of license; responsibilities of the supervising physician; legal responsibility for osteopathic physician assistants; reporting of disciplinary procedures; identification; limitation on employment and duties; fees; unlawful use of the title of osteopathic physician assistant; unlawful representation of an osteopathic physician assistant as a physician; criminal penalties.
     (a) As used in this section:
     (1) "Approved program" means an educational program for osteopathic physician assistants approved and accredited by the Committee on Allied Health Education and Accreditation or its successor.
     (2) "Board" means the Board of Osteopathy established under the provisions of article fourteen, chapter thirty of this code.
     (3) "Direct supervision" means the presence of the supervising physician at the site where the osteopathic physician assistant performs medical duties.
     (4) "Health care facility" means any licensed hospital, nursing home, extended care facility, state health or mental institution, clinic or physician's office.
     (5) "License" means a certificate issued to an osteopathic physician assistant who has passed the examination for a primary care or surgery physician assistant administered by the National Board of Medical Examiners on behalf of the National Commission on Certification of Physician Assistants. All osteopathic physician assistants holding valid certificates issued by the board prior to March 31, 2010, are licensed under the provisions of this article, but must renew the license pursuant to the provisions of this article.
     (6) "Osteopathic physician assistant" means an assistant to an osteopathic physician who is a graduate of an approved program of instruction in primary care or surgery, has passed the National Certification Examination and is qualified to perform direct patient care services under the supervision of an osteopathic physician.
     (7) "Supervising physician" means a doctor of osteopathy permanently licensed in this state who assumes legal and supervising responsibility for the work or training of an osteopathic physician assistant under his or her supervision.
     (b) The board shall propose emergency and legislative rules for legislative approval pursuant to the provisions of article three, chapter twenty-nine-a of this code, governing the extent to which osteopathic physician assistants may function in this state. The rules shall provide that:
     (1) The osteopathic physician assistant is limited to the performance of those services for which he or she is trained;
     (2) The osteopathic physician assistant performs only under the supervision and control of an osteopathic physician permanently licensed in this state but such supervision and control does not require the personal presence of the supervising physician at the place or places where services are rendered if the osteopathic physician assistant's normal place of employment is on the premises of the supervising physician. The supervising physician may send the osteopathic physician assistant off the premises to perform duties under his or her direction, but a separate place of work for the osteopathic physician assistant may not be established; ~~and~~
     (3) The board may allow the osteopathic physician assistant to perform those procedures and examinations and, in the case of authorized osteopathic physician assistants, to prescribe at the direction of his or her supervising physician in accordance with subsections (p) and (q) of this section those categories of drugs submitted to it in the job description required by subsection (f) of this section; and
_____(4) An osteopathic physician assistant may not be disciplined for providing expedited partner therapy in accordance with the provisions of article four-f, chapter sixteen of this code.
     (c) The board shall compile and publish an annual report that includes a list of currently licensed osteopathic physician assistants and their employers and location in the state.
     (d) The board shall license as an osteopathic physician assistant a person who files an application together with a proposed job description and furnishes satisfactory evidence that he or she has met the following standards:
     (1) Is a graduate of an approved program of instruction in primary health care or surgery;
     (2) Has passed the examination for a primary care or surgery physician assistant administered by the National Board of Medical Examiners on behalf of the National Commission on Certification of Physician Assistants; and
     (3) Is of good moral character.
     (e) When a graduate of an approved program submits an application to the board, accompanied by a job description in conformity with this section, for an osteopathic physician assistant license, the board may issue to the applicant a temporary license allowing the applicant to function as an osteopathic physician assistant for the period of one year. The temporary license may be renewed for one additional year upon the request of the supervising physician. An osteopathic physician assistant who has not been certified as such by the National Board of Medical Examiners on behalf of the National Commission on Certification of Physician Assistants will be restricted to work under the direct supervision of the supervising physician.
     (f) An osteopathic physician applying to the board to supervise an osteopathic physician assistant shall provide a job description that sets forth the range of medical services to be provided by the assistant. Before an osteopathic physician assistant can be employed or otherwise use his or her skills, the supervising physician must obtain approval of the job description from the board. The board may revoke or suspend a license of an assistant to a physician for cause, after giving the person an opportunity to be heard in the manner provided by sections eight and nine, article one of this chapter.
     (g) The supervising physician is responsible for observing, directing and evaluating the work records and practices of each osteopathic physician assistant performing under his or her supervision. He or she shall notify the board in writing of any termination of his or her supervisory relationship with an osteopathic physician assistant within ten days of his or her termination. The legal responsibility for any osteopathic physician assistant remains with the supervising physician at all times, including occasions when the assistant, under his or her direction and supervision, aids in the care and treatment of a patient in a health care facility. In his or her absence, a supervising physician must designate an alternate supervising physician but the legal responsibility remains with the supervising physician at all times. A health care facility is not legally responsible for the actions or omissions of an osteopathic physician assistant unless the osteopathic physician assistant is an employee of the facility.
     (h) The acts or omissions of an osteopathic physician assistant employed by health care facilities providing in-patient services are the legal responsibility of the facilities. Osteopathic physician assistants employed by such facilities in staff positions shall be supervised by a permanently licensed physician.
     (i) A health care facility shall report in writing to the board within sixty days after the completion of the facility's formal disciplinary procedure, and after the commencement and the conclusion of any resulting legal action, the name of an osteopathic physician assistant practicing in the facility whose privileges at the facility have been revoked, restricted, reduced or terminated for any cause including resignation, together with all pertinent information relating to such action. The health care facility shall also report any other formal disciplinary action taken against an osteopathic physician assistant by the facility relating to professional ethics, medical incompetence, medical malpractice, moral turpitude or drug or alcohol abuse. Temporary suspension for failure to maintain records on a timely basis or failure to attend staff or section meetings need not be reported.
     (j) When functioning as an osteopathic physician assistant, the osteopathic physician assistant shall wear a name tag that identifies him or her as a physician assistant.
     (k) (1) A supervising physician shall not supervise at any time more than three osteopathic physician assistants except that a physician may supervise up to four hospital-employed osteopathic physician assistants: Provided, That an alternative supervisor has been designated for each.
     (2) An osteopathic physician assistant shall not perform any service that his or her supervising physician is not qualified to perform.
     (3) An osteopathic physician assistant shall not perform any service that is not included in his or her job description and approved by the board as provided in this section.
     (4) The provisions of this section do not authorize an osteopathic physician assistant to perform any specific function or duty delegated by this code to those persons licensed as chiropractors, dentists, registered nurses, licensed practical nurses, dental hygienists, optometrists or pharmacists or certified as nurse anesthetists.
      (l) An application for license or renewal of license shall be accompanied by payment of a fee established by legislative rule of the Board of Osteopathy pursuant to the provisions of article three, chapter twenty-nine-a of this code.
     (m) As a condition of renewal of an osteopathic physician assistant license, each osteopathic physician assistant shall provide written documentation satisfactory to the board of participation in and successful completion of continuing education in courses approved by the Board of Osteopathy for the purposes of continuing education of osteopathic physician assistants. The osteopathy board shall propose legislative rules for minimum continuing hours necessary for the renewal of a license. These rules shall provide for minimum hours equal to or more than the hours necessary for national certification. Notwithstanding any provision of this chapter to the contrary, failure to timely submit the required written documentation results in the automatic suspension of a license as an osteopathic physician assistant until the written documentation is submitted to and approved by the board.
     (n) It is unlawful for any person who is not licensed by the board as an osteopathic physician assistant to use the title of osteopathic physician assistant or to represent to any other person that he or she is an osteopathic physician assistant. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $2,000.
     (o) It is unlawful for an osteopathic physician assistant to represent to any person that he or she is a physician. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than two years, or be fined not more than $2,000, or both fined and imprisoned.
     (p) An osteopathic physician assistant may write or sign prescriptions or transmit prescriptions by word of mouth, telephone or other means of communication at the direction of his or her supervising physician. The board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code governing the eligibility and extent to which an osteopathic physician assistant may prescribe at the direction of the supervising physician. The rules shall provide for a state formulary classifying pharmacologic categories of drugs which may be prescribed by such an osteopathic physician assistant. In classifying such pharmacologic categories, those categories of drugs which shall be excluded include, but are not limited to, Schedules I and II of the Uniform Controlled Substances Act, antineoplastics, radiopharmaceuticals, general anesthetics and radiographic contrast materials. Drugs listed under Schedule III are limited to a 72-hour supply without refill. In addition to the above-referenced provisions and restrictions and at the direction of a supervising physician, the rules shall permit the prescribing an annual supply of any drug other than controlled substances which is prescribed for the treatment of a chronic condition other than chronic pain management. For the purposes of this section, a chronic condition is a condition which last three months or more, generally cannot be prevented by vaccines, can be controlled but not cured by medication and does not generally disappear. These conditions include, but are not limited to, arthritis, asthma, cardiovascular disease, cancer, diabetes, epilepsy and seizures and obesity. The prescriber authorized in this section shall note on the prescription the condition for which the patient is being treated. The rules shall provide that all pharmacological categories of drugs to be prescribed by an osteopathic physician assistant be listed in each job description submitted to the board as required in this section. The rules shall provide the maximum dosage an osteopathic physician assistant may prescribe.
     (q) (1) The rules shall provide that to be eligible for such prescription privileges, an osteopathic physician assistant must:
     (A) Submit an application to the board for prescription privileges;
     (B) Have performed patient care services for a minimum of two years immediately preceding the application; and
     (C) Have successfully completed an accredited course of instruction in clinical pharmacology approved by the board.
     (2) The rules shall provide that to maintain prescription privileges, an osteopathic physician assistant shall:
     (A) Continue to maintain national certification as an osteopathic physician assistant; and
     (B) Complete a minimum of ten hours of continuing education in rational drug therapy in each licensing period.
     (3) Nothing in this subsection permits an osteopathic physician assistant to independently prescribe or dispense drugs.
     On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
     Engrossed Committee Substitute for Senate Bill No. 12, 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. 12) 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 Com. Sub. for Senate Bill No. 204, Relating to crime victims compensation awards.
     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 twenty-one, section fourteen, line seventeen, after the word "period" by changing the period to a colon and inserting the following proviso: Provided, That no reporting to a law- enforcement officer or agency or a forensic medical examination is required if the claimant is a juvenile in order for a judge or commissioner to approve an award of compensation.;
     On page twenty-five, section eighteen, line five, after the word "compensation" by striking out the remainder of the sentence and inserting in lieu thereof a colon and the following proviso: Provided, That no criminal charges need be filed if: (1) The claimant is an adult at the time the conduct giving rise to the claim occurred and no criminal charges were filed for reasons other than the desire of the claimant and a law-enforcement agency confirms that the available evidence supports a finding that a crime occurred; or (2) the claimant was a juvenile at the time the conduct giving rise to the claim occurred.;
     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. 204--A Bill to amend and reenact §14-2A-3, §14-2A-9, §14-2A-12, §14-2A-14 and §14-2A-18 of the Code of West Virginia, 1931, as amended, all relating to compensation awards to victims of crimes generally; redefining terms; increasing the amount of victim relocation costs; allowing student loans obtained by a victim to be treated as a lost scholarship in certain instances; eliminating the authority to make awards of compensation for damage caused by operation of a methamphetamine laboratory under certain circumstances; modifying required time period in which a claimant should report offense to law enforcement under certain circumstances; requiring that a criminal complaint being filed is a prerequisite to receipt of compensation in certain circumstances; providing circumstances in which a criminal complaint need not be filed as a prerequisite to receipt of compensation; allowing victims of sexual offenses to undergo a forensic examination rather than reporting to law enforcement; permitting the Court of Claims to hire two additional claim investigators; and permitting claim investigators to acquire autopsy reports from the State Medical Examiner.
     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. 204, 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, 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 elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 204) 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, 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 Com. Sub. for S. B. No. 204) 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. 252, Allowing certain expelled students to return to school through Juvenile Drug Court.
     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 5. AUTHORITY; RIGHTS; RESPONSIBILITY.
§18A-5-1a. Possessing deadly weapons on premises of educational facilities; possessing a controlled substance on premises of educational facilities; assaults and batteries committed by students upon teachers or other school personnel; temporary suspension, hearing; procedure, notice and formal hearing; extended suspension; sale of narcotic; expulsion; exception; alternative education.
          (a) A principal shall suspend a ~~pupil~~ student from school or from transportation to or from the school on any school bus if the ~~pupil~~ student, in the determination of the principal after an informal hearing pursuant to subsection (d) of this section, has: (i) Violated the provisions of subsection (b), section fifteen, article two, chapter sixty-one of this code; (ii) violated the provisions of subsection (b), section eleven-a, article seven of said chapter; or (iii) sold a narcotic drug, as defined in section one hundred one, article one, chapter sixty-a of this code, on the premises of an educational facility, at a school-sponsored function or on a school bus. If a student has been suspended pursuant to this subsection, the principal shall, within twenty-four hours, request that the county superintendent recommend to the county board that the student be expelled. Upon such a request by a principal, the county superintendent shall recommend to the county board that the student be expelled. Upon such recommendation, the county board shall conduct a hearing in accordance with subsections (e), (f) and (g) of this section to determine if the student committed the alleged violation. If the county board finds that the student did commit the alleged violation, the county board shall expel the student.
          (b) A principal shall suspend a ~~pupil~~ student from school, or from transportation to or from the school on any school bus, if the ~~pupil~~ student, in the determination of the principal after an informal hearing pursuant to subsection (d) of this section, has: (i) Committed an act or engaged in conduct that would constitute a felony under the laws of this state if committed by an adult; or (ii) unlawfully possessed on the premises of an educational facility or at a school-sponsored function a controlled substance governed by the uniform controlled substances act as described in chapter sixty-a of this code. If a student has been suspended pursuant to this subsection, the principal may request that the superintendent recommend to the county board that the student be expelled. Upon such recommendation by the county superintendent, the county board may hold a hearing in accordance with the provisions of subsections (e), (f) and (g) of this section to determine if the student committed the alleged violation. If the county board finds that the student did commit the alleged violation, the county board may expel the student.
          (c) A principal may suspend a ~~pupil~~ student from school, or transportation to or from the school on any school bus, if the ~~pupil~~ student, in the determination of the principal after an informal hearing pursuant to subsection (d) of this section: (i) Threatened to injure, or in any manner injured, a ~~pupil~~ student, teacher, administrator or other school personnel; (ii) willfully disobeyed a teacher; (iii) possessed alcohol in an educational facility, on school grounds, a school bus or at any school- sponsored function; (iv) used profane language directed at a school employee or ~~pupil~~ student; (v) intentionally defaced any school property; (vi) participated in any physical altercation with another person while under the authority of school personnel; or (vii) habitually violated school rules or policies. If a student has been suspended pursuant to this subsection, the principal may request that the superintendent recommend to the county board that the student be expelled. Upon such recommendation by the county superintendent, the county board may hold a hearing in accordance with the provisions of subsections (e), (f) and (g) of this section to determine if the student committed the alleged violation. If the county board finds that the student did commit the alleged violation, the county board may expel the student.
          (d) The actions of any ~~pupil~~ student which may be grounds for his or her suspension or expulsion under the provisions of this section shall be reported immediately to the principal of the school in which the ~~pupil~~ student is enrolled. If the principal determines that the alleged actions of the ~~pupil~~ student would be grounds for suspension, he or she shall conduct an informal hearing for the ~~pupil~~ student immediately after the alleged actions have occurred. The hearing shall be held before the ~~pupil~~ student is suspended unless the principal believes that the continued presence of the ~~pupil~~ student in the school poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, in which case the ~~pupil~~ student shall be suspended immediately and a hearing held as soon as practicable after the suspension.
          The ~~pupil~~ student and his or her parent(s), guardian(s) or custodian(s), as the case may be, shall be given telephonic notice, if possible, of this informal hearing, which notice shall briefly state the grounds for suspension.
          At the commencement of the informal hearing, the principal shall inquire of the ~~pupil~~ student as to whether he or she admits or denies the charges. If the ~~pupil~~ student does not admit the charges, he or she shall be given an explanation of the evidence possessed by the principal and an opportunity to present his or her version of the occurrence. At the conclusion of the hearing or upon the failure of the noticed student to appear, the principal may suspend the ~~pupil~~ student for a maximum of ten school days, including the time prior to the hearing, if any, for which the ~~pupil~~ student has been excluded from school.
          The principal shall report any suspension the same day it has been decided upon, in writing, to the parent(s), guardian(s) or custodian(s) of the ~~pupil~~ student by regular United States mail. The suspension also shall be reported to the county superintendent and to the faculty senate of the school at the next meeting after the suspension.
          (e) Prior to a hearing before the county board, the county board shall cause a written notice which states the charges and the recommended disposition to be served upon the ~~pupil~~ student and his or her parent(s), guardian(s) or custodian(s), as the case may be. The notice shall state clearly whether the board will attempt at hearing to establish the student as a dangerous student, as defined by section one, article one of this chapter. The notice also shall include any evidence upon which the board will rely in asserting its claim that the student is a dangerous student. The notice shall set forth a date and time at which the hearing shall be held, which date shall be within the ten-day period of suspension imposed by the principal.
          (f) The county board shall hold the scheduled hearing to determine if the ~~pupil~~ student should be reinstated or should or, under the provisions of this section, must be expelled from school. If the county board determines that the student should or must be expelled from school, it also may determine whether the student is a dangerous student pursuant to subsection (g) of this section. At this, or any hearing before a county board conducted pursuant to this section, the ~~pupil~~ student may be represented by counsel, may call his or her own witnesses to verify his or her version of the incident and may confront and cross examine witnesses supporting the charge against him or her. The hearing shall be recorded by mechanical means unless recorded by a certified court reporter. The hearing may be postponed for good cause shown by the ~~pupil~~ student but he or she shall remain under suspension until after the hearing. The State Board may adopt other supplementary rules of procedure to be followed in these hearings. At the conclusion of the hearing the county board shall either: (1) Order the ~~pupil~~ student reinstated immediately at the end of his or her initial suspension; (2) suspend the ~~pupil~~ student for a further designated number of days; or (3) expel the ~~pupil~~ student from the public schools of the county.
          (g) A county board that did not intend prior to a hearing to assert a dangerous student claim, that did not notify the student prior to the hearing that a dangerous student determination would be considered and that determines through the course of the hearing that the student may be a dangerous student shall schedule a second hearing within ten days to decide the issue. The hearing may be postponed for good cause shown by the ~~pupil~~ student, but he or she remains under suspension until after the hearing.
          A county board that expels a student, and finds that the student is a dangerous student, may refuse to provide alternative education. However, after a hearing conducted pursuant to this section for determining whether a student is a dangerous student, when the student is found to be a dangerous student, is expelled and is denied alternative education, a hearing shall be conducted within three months after the refusal by the board to provide alternative education to reexamine whether or not the student remains a dangerous student and whether the student shall be provided alternative education. Thereafter, a hearing for the purpose of reexamining whether or not the student remains a dangerous student and whether the student shall be provided alternative education shall be conducted every three months for so long as the student remains a dangerous student and is denied alternative education. During the initial hearing, or in any subsequent hearing, the board may consider the history of the ~~pupil's~~ student's conduct as well as any improvements made subsequent to the expulsion. If it is determined during any of the hearings that the student is no longer a dangerous student or should be provided alternative education, the student shall be provided alternative education during the remainder of the expulsion period.
          (h) The superintendent may apply to a circuit judge or magistrate for authority to subpoena witnesses and documents, upon his or her own initiative, in a proceeding related to a recommended student expulsion or dangerous student determination, before a county board conducted pursuant to the provisions of this section. Upon the written request of any other party, the superintendent shall apply to a circuit judge or magistrate for the authority to subpoena witnesses, documents or both on behalf of the other party in a proceeding related to a recommended student expulsion or dangerous student determination before a county board. If the authority to subpoena is granted, the superintendent shall subpoena the witnesses, documents or both requested by the other party. Furthermore, if the authority to subpoena is granted, it shall be exercised in accordance with the provisions of section one, article five, chapter twenty-nine-a of this code.
          Any hearing conducted pursuant to this subsection may be postponed: (1) For good cause shown by the ~~pupil~~ student; (2) when proceedings to compel a subpoenaed witness to appear must be instituted; or (3) when a delay in service of a subpoena hinders either party's ability to provide sufficient notice to appear to a witness. A ~~pupil~~ student remains under suspension until after the hearing in any case where a postponement occurs.
          The county boards are directed to report the number of ~~pupils~~ students determined to be dangerous students to the State Board. ~~of Education~~ The State Board will compile the county boards' statistics and shall report its findings to the Legislative Oversight Commission on Education Accountability.
          (i) ~~Pupils~~ Students may be expelled pursuant to ~~the provisions of~~ this section for a period not to exceed one school year, except that if a ~~pupil~~ student is determined to have violated the provisions of subsection (a) of this section the ~~pupil~~ student shall be expelled for a period of not less than twelve consecutive months, subject to the following:
          (1) ~~Provided,~~ ~~That the~~ The county superintendent may lessen the mandatory period of twelve consecutive months for the expulsion of the ~~pupil~~ student if the circumstances of the ~~pupil's~~ student's case demonstrably warrant, except as provided in subdivision (2) of this subsection;
          (2) If a Juvenile Drug Court notifies the county superintendent of successful completion of or certification of the expelled student making satisfactory progress toward successful completion of Juvenile Drug Court pursuant to section one-d of this article, and the expulsion did not result from bringing a firearm to a school or possessing a firearm at a school in violation of 20 U. S. C. §7151, the county superintendent may lessen the period of expulsion pursuant to section one-d of this article;
__________(3) Upon the reduction of the period of expulsion, the county superintendent shall prepare a written statement setting forth the circumstances of the ~~pupil's~~ student's case which warrant the reduction of the period of expulsion. The county superintendent shall submit the statement to the county board, the principal, the faculty Senate and the local school improvement council for the school from which the ~~pupil~~ student was expelled. ~~The~~ Subject to subdivision (2) of this subsection, the county superintendent may use the following factors as guidelines in determining whether or not to reduce a mandatory twelve-month expulsion:
          ~~(1)~~ (A) The extent of the ~~pupil's~~ student's malicious intent;
          ~~(2)~~ (B) The outcome of the ~~pupil's~~ student's misconduct;
          ~~(3)~~ (C) The ~~pupil's~~ student's past behavior history; ~~and~~
          ~~(4)~~ (D) The likelihood of the ~~pupil's~~ student's repeated misconduct; and
__________(E) If applicable, successful completion or making satisfactory progress toward successful completion of Juvenile Drug Court pursuant to section one-d of this section.
          (j) In all hearings under this section, facts shall be found by a preponderance of the evidence.
          (k) For purposes of this section, nothing herein may be construed to be in conflict with the federal provisions of the Individuals with Disabilities Education Act, 20 U. S. C. §1400 et seq.
          (l) Each suspension or expulsion imposed upon a ~~pupil~~ student under the authority of this section shall be recorded in the uniform integrated regional computer information system (commonly known as the West Virginia Education Information System) described in subsection (f), section twenty-six, article two, chapter eighteen of this code.
          (1) The principal of the school at which the ~~pupil~~ student is enrolled shall create an electronic record within twenty-four hours of the imposition of the suspension or expulsion.
          (2) Each record of a suspension or expulsion shall include the ~~pupil's~~ student's name and identification number, the reason for the suspension or expulsion and the beginning and ending dates of the suspension or expulsion.
          (3) The State Board ~~of Education~~ shall collect and disseminate data so that any principal of a public school in West Virginia can review the complete history of disciplinary actions taken by West Virginia public schools against any ~~pupil~~ student enrolled or seeking to enroll at that principal's school. The purposes of this provision are to allow every principal to fulfill his or her duty under subsection (b), section fifteen-f, article five, chapter eighteen of this code to determine whether a ~~pupil~~ student requesting to enroll at a public school in West Virginia is currently serving a suspension or expulsion from another public school in West Virginia and to allow principals to obtain general information about ~~pupils'~~ students' disciplinary histories.
          (m) Principals may exercise any other authority and perform any other duties to discipline ~~pupils~~ students consistent with state and federal law, including policies of the State Board. ~~of Education~~
          (n) Each county board is solely responsible for the administration of proper discipline in the public schools of the county and shall adopt policies consistent with the provisions of this section to govern disciplinary actions.
          (o) For the purpose of this section, "principal" means the principal, assistant principal, vice principal or the administrative head of the school or a professional personnel designee of the principal or the administrative head of the school.
§18A-5-1d. Return to school through Juvenile Drug Court for certain students.
          (a) When a student is expelled from school pursuant to section one-a of this article, the county board, county superintendent or principal for the school from which the student was expelled or the parent, guardian or custodian may refer the student to a Juvenile Drug Court, operated pursuant to section two-b, article five, chapter forty-nine of this code. Upon such referral, the judge assigned to Juvenile Drug Court shall determine whether the student is an appropriate candidate for Juvenile Drug Court.
          (b) If the judge determines the student is an appropriate candidate for Juvenile Drug Court, then the court has jurisdiction over the student in the same manner as it has jurisdiction over all other persons in Juvenile Drug Court. Such jurisdiction over students includes the ability to issue any of the various sanctions available to the Juvenile Drug Court, including temporary detention.
          (c) Successful completion of Juvenile Drug Court or certification by the Juvenile Drug Court judge that the student is making satisfactory progress toward successful completion of Juvenile Drug Court warrants consideration for reduction of the expulsion period, pursuant to section one-a of this article. The Juvenile Drug Court shall notify the county superintendent of such completion or certification. The county superintendent shall arrange a meeting with the Juvenile Drug Court treatment team, the court, and the Student Assistance Team of the school from which the student was expelled to discuss the student's history, progress and potential for improvement.
          (1) The Student Assistance Team shall evaluate and recommend whether the student's expulsion period should be reduced and the student reinstated in school. The Student Assistance Team's recommendation shall be presented to the superintendent, who shall make the final determination. The superintendent shall prepare a statement detailing reasons for or against school reinstatement and submit the statement to the county board. If the superintendent determines to reduce the expulsion period, he or she shall submit the statement required by subsection (i), section one-a of this article and place the student in an appropriate school within the district. A student to be reinstated shall be permitted to return to school no later than the tenth regular school day following notice by the court to the superintendent regarding the student's successful completion or satisfactory progress toward successful completion of Juvenile Drug Court.
          (2) Notwithstanding any other provision of this code to the contrary, a county superintendent may not reduce an expulsion period pursuant to this section if the expulsion is the result of bringing a firearm to a school or possessing a firearm at a school in violation of 20 U. S. C. §7151.;
          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. 252--A Bill to amend and reenact §18A-5-1a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18A-5-1d, all relating to allowing a school expulsion period to be reduced for certain student participants in Juvenile Drug Court; specifying individuals who may refer an expelled student to Juvenile Drug Court; designating responsibilities of Juvenile Drug Court, judge and treatment team of Juvenile Drug Court, county superintendent and Student Assistance Team; granting Juvenile Drug Court jurisdiction over certain students; providing that successful completion or satisfactory progress toward successful completion of Juvenile Drug Court warrants consideration for reduced expulsion period; recommendations and determinations regarding expulsion period reduction; providing for reinstatement of students in school; and prohibiting reduced expulsion period when student brings a firearm to or possesses a firearm in a school.
          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. 252, 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. 252) 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. Senate Bill No. 325, Providing State Fire Marshal serve at will and pleasure of Fire Commission.
          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. FIRE PREVENTION AND CONTROL ACT.
§29-3-11. Appointment of State Fire Marshal; term of office; removal; salary; qualifications; responsibilities; employees; equipment.
                                            (a) The State Fire Commission shall appoint a State Fire Marshal. in accordance with the qualifications approved by the state civil service commission as provided in article six, chapter twenty-nine of this code. He can be removed by the commission at any time for neglect of duty or other conduct unbecoming his office as provided in article six, chapter twenty-nine of this code The State Fire Marshal serves at the will and pleasure of the commission and is exempt from coverage under the classified civil service system.
                                            (b) The State Fire Marshal shall have a baccalaureate degree from an accredited four-year college or university, or equivalent experience as determined by the commission, and six years of full- time or part-time equivalent paid or volunteer experience in fire prevention or fire safety, including two years in a supervisory capacity in fire prevention and fire safety.
____________________________________________(c) The State Fire Marshal, within policy established by the State Fire Commission, shall have all responsibility for the implementation of fire safety programs in this state designated to minimize fire hazards and disaster and loss of life and property from these causes. These responsibilities include, but are not limited to, the establishment and enforcement of fire safety practices throughout the state, preventive inspection and correction activities, coordination of fire safety programs with volunteer and paid fire departments and critical analysis and evaluation of West Virginia's fire loss statistics for determination of problems and solutions.
                                            ~~(c)~~ (d) The State Fire Marshal may employ such technical, clerical, stenographic and other personnel and fix their compensation and may incur such expenses as may be necessary in the performance of the duties of his or her office within the appropriation therefor. Employees of the Fire Marshal's Office shall be members of the state civil service system, and all appointments of the office shall be a part of the classified service under the civil service system.
                                            Further, any individual who is employed to conduct criminal investigations or who may become actively involved in matters of a criminal nature shall first be required to pass a civil service examination testing his or her competency and proficiency in the law of arrest, search and seizure and other criminal procedures relating to the powers granted to the State Fire Marshal pursuant to the provisions of this article.
                                            ~~(d)~~ (e) The State Fire Marshal and other personnel of the State Fire Marshal's Office shall be provided with appropriate office space, furniture, equipment, supplies, stationery and printing in the same manner as provided for other state agencies.;
                                            And,
                                            By striking out the title and substituting therefor a new title, to read as follows:
                                            Eng. Senate Bill No. 325--A Bill to amend and reenact §29-3-11 of the Code of West Virginia, 1931, as amended, relating to the State Fire Marshal; providing that the State Fire Marshal be appointed by and serve at the will and pleasure of the Fire Commission; exempting the State Fire Marshal from the classified civil service system; and providing requirements to serve as the State Fire Marshal.
                                            On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
                                            Engrossed Senate Bill No. 325, 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. 325) 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 amendments, as to
                                            Eng. Senate Bill No. 375, Excluding certain personal property from TIF assessment.
                                            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 pages two and three, section three, lines twelve through twenty- two, by striking out all of subdivision (2) and inserting in lieu thereof a new subdivision, designated subdivision (2), to read as follows:
                                            (2) "Base assessed value" means the taxable assessed value of all real and tangible personal property, excluding personal motor vehicles, having a tax situs within a development or redevelopment district as shown upon the landbooks and personal property books of the assessor on July 1 of the calendar year preceding the effective date of the order or ordinance creating and establishing the development or redevelopment district: Provided, That for any development or redevelopment district approved after the effective date of the amendments to this section enacted during the regular session of the Legislature in 2014, personal trailers, personal boats, personal campers, personal motor homes, personal ATVs and personal motorcycles having a tax situs within a development or redevelopment district are excluded from the base assessed value.;
                                            And,
                                            On pages five and six, section three, following lines seventy-two through seventy-nine, by striking out all of subdivision (6) and inserting in lieu thereof a new subdivision, designated subdivision (6), to read as follows:
                                            (6) "Current assessed value" means the annual taxable assessed value of all real and tangible personal property, excluding personal motor vehicles, having a tax situs within a development or redevelopment district as shown upon the landbook and personal property records of the assessor: Provided, That for any development or redevelopment district approved after the effective date of the amendments to this section enacted during the regular session of the Legislature in 2014, personal trailers, personal boats, personal campers, personal motor homes, personal ATVs and personal motorcycles having a tax situs within a development or redevelopment district are excluded from the current assessed value.
                                            On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
                                            Engrossed Senate Bill No. 375, 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. 375) 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 Com. Sub. for Senate Bill No. 393, Amending funding levels and date Governor may borrow from Revenue Shortfall Reserve Fund.
                                            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. STATE BUDGET OFFICE.
§11B-2-20. Reduction of appropriations; powers of Governor; Revenue Shortfall Reserve Fund and permissible expenditures therefrom.
                                            (a) Notwithstanding any provision of this section, the Governor may reduce appropriations according to any of the methods set forth in sections twenty-one and twenty-two of this article. The Governor may, in lieu of imposing a reduction in appropriations, request an appropriation by the Legislature from the Revenue Shortfall Reserve Fund established in this section.
                                            (b) A The Revenue Shortfall Reserve Fund is ~~hereby~~ continued within the State Treasury. The Revenue Shortfall Reserve Fund shall be funded continuously and on a revolving basis in accordance with this subsection up to an aggregate amount not to exceed thirteen percent of the total appropriations from the State Fund, General Revenue, for the fiscal year just ended. The Revenue Shortfall Reserve Fund shall be funded as set forth in this subsection from surplus revenues, if any, in the State Fund, General Revenue, as the surplus revenues may accrue from time to time.
                                            Within sixty days of the end of each fiscal year, the secretary shall cause to be deposited into the Revenue Shortfall Reserve Fund such amount of the first fifty percent of all surplus revenues, if any, determined to have accrued during the fiscal year just ended, as may be necessary to bring the balance of the Revenue Shortfall Reserve Fund to thirteen percent of the total appropriations from the State Fund, General Revenue, for the fiscal year just ended. If at the end of any fiscal year the Revenue Shortfall Reserve Fund is funded at an amount equal to or exceeding thirteen percent of the state's General Revenue Fund budget for the fiscal year just ended, then there shall be no further deposit by the secretary under the provisions of this section of any surplus revenues as set forth in this subsection until that time the Revenue Shortfall Reserve Fund balance is less than thirteen percent of the total appropriations from the State Fund, General Revenue.
                                            (c) Not earlier than November 1 of each calendar year, if the state's fiscal circumstances are such as to otherwise trigger the authority of the Governor to reduce appropriations under this section or section twenty-one or twenty-two of this article, then in that event the Governor may notify the presiding officers of both houses of the Legislature in writing of his or her intention to convene the Legislature pursuant to section nineteen, article VI of the Constitution of West Virginia for the purpose of requesting the introduction of a supplementary appropriation bill or to request a supplementary appropriation bill at the next preceding regular session of the Legislature to draw money from the surplus Revenue Shortfall Reserve Fund to meet any anticipated revenue shortfall. If the Legislature fails to enact a supplementary appropriation from the Revenue Shortfall Reserve Fund during any special legislative session called for the purposes set forth in this section or during the next preceding regular session of the Legislature, then the Governor may proceed with a reduction of appropriations pursuant to sections twenty-one and twenty-two of this article. Should any amount drawn from the Revenue Shortfall Reserve Fund pursuant to an appropriation made by the Legislature prove insufficient to address any anticipated shortfall, then the Governor may also proceed with a reduction of appropriations pursuant to sections twenty-one and twenty-two of this article.
                                            (d) Upon the creation of the fund, the Legislature is authorized and may make an appropriation from the Revenue Shortfall Reserve Fund for revenue shortfalls, for emergency revenue needs caused by acts of God or natural disasters or for other fiscal needs as determined solely by the Legislature.
                                            (e) Prior to October 31 in any fiscal year in which revenues are inadequate to make timely payments of the state's obligations, the Governor may, by executive order, after first notifying the presiding officers of both houses of the Legislature in writing, borrow funds from the Revenue Shortfall Reserve Fund: Provided, That for the fiscal year 2014, pursuant to this subsection and subject to all other conditions, requirements and limitations set forth in this section, the Governor may borrow funds from the Revenue Shortfall Reserve Fund prior to April 1. The amount of funds borrowed under this subsection shall not exceed one and one-half percent of the general revenue estimate for the fiscal year in which the funds are to be borrowed, or the amount the Governor determines is necessary to make timely payment of the state's obligations, whichever is less. Any funds borrowed pursuant to this subsection shall be repaid, without interest, and redeposited to the credit of the Revenue Shortfall Reserve Fund within ninety days of their withdrawal.
                                            (f) ~~There is hereby created in the State Treasury~~ The Revenue Shortfall Reserve Fund - Part B is continued within the State Treasury. The Revenue Shortfall Reserve Fund - Part B shall consist of moneys transferred from the West Virginia Tobacco Settlement Medical Trust Fund pursuant to the provisions of section two, article eleven-a, chapter four of this code, repayments made of the loan from the West Virginia Tobacco Settlement Medical Trust Fund to the Physician's Mutual Insurance Company pursuant to the provisions of article twenty-f, chapter thirty-three of this code and all interest and other return earned on the moneys in the Revenue Shortfall Reserve Fund - Part B. Moneys in the Revenue Shortfall Reserve Fund - Part B may be expended solely for the purposes set forth in subsection (d) of this section, subject to the following conditions:
                                            (1) No moneys in the Revenue Shortfall Reserve Fund - Part B nor any interest or other return earned thereon may be expended for any purpose unless all moneys in the Revenue Shortfall Reserve Fund described in subsection (b) of this section have first been expended, except that the interest or other return earned on moneys in the Revenue Shortfall Reserve Fund - Part B may be expended as provided in subdivision (2) of this subsection; ~~and~~
                                            (2) Notwithstanding any other provision of this section to the contrary, the Legislature may appropriate any interest and other return earned thereon that may accrue on the moneys in the Revenue Shortfall Reserve Fund - Part B after June 30, 2025, for expenditure for the purposes set forth in section three, article eleven-a, chapter four of this code; and
                                            (3) Any appropriation made from Revenue Shortfall Reserve Fund - Part B shall be made only in instances of revenue shortfalls or fiscal emergencies of an extraordinary nature.
                                            (g) Subject to the conditions upon expenditures from the Revenue Shortfall Reserve Fund - Part B prescribed in subsection (f) of this section, in appropriating moneys pursuant to the provisions of this section, the Legislature may in any fiscal year appropriate from the Revenue Shortfall Reserve Fund and the Revenue Shortfall Reserve Fund - Part B a total amount up to, but not exceeding, ten percent of the total appropriations from the State Fund, General Revenue, for the fiscal year just ended.
                                            (h) (1) Of the moneys in the Revenue Shortfall Reserve Fund, $100 million, or such greater amount as may be certified as necessary by the Director of the Budget for the purposes of subsection (e) of this section, shall be made available to the West Virginia Board of Treasury Investments for management and investment of the moneys in accordance with the provisions of article six-c, chapter twelve of this code. All other moneys in the Revenue Shortfall Reserve Fund shall be made available to the West Virginia Investment Management Board for management and investment of the moneys in accordance with the provisions of article six, chapter twelve of this code. Any balance of the Revenue Shortfall Reserve Fund, including accrued interest and other return earned thereon at the end of any fiscal year, ~~shall~~ does not revert to the General Fund but shall remain in the Revenue Shortfall Reserve Fund for the purposes set forth in this section.
                                            (2) All of the moneys in the Revenue Shortfall Reserve Fund - Part B shall be made available to the West Virginia Investment Management Board for management and investment of the moneys in accordance with the provisions of article six, chapter twelve of this code. Any balance of the Revenue Shortfall Reserve Fund - Part B, including accrued interest and other return earned thereon at the end of any fiscal year, shall not revert to the General Fund but shall remain in the Revenue Shortfall Reserve Fund - Part B for the purposes set forth in this section.;
                                            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. 393--A Bill to amend and reenact §11B-2-20 of the Code of West Virginia, 1931, as amended, relating to the Revenue Shortfall Reserve Fund; and allowing the Governor to borrow money from the fund prior to April 1, 2014, if revenues are inadequate to make timely payments of the state's obligations.
                                            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. 393, 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. 393) 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 Com. Sub. for S. B. No. 393) 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. 426, Relating to appointments to certain higher education commissions, councils and boards.
                                            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 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-2. Composition of commission; terms and qualifications of members; vacancies; eligibility for reappointment; oath of office; removal from office.
                                            (a) The commission is comprised of ten members, all of whom are entitled to vote. The membership of the commission is as follows:
                                            (1) The Secretary of Education and the Arts, ex officio;
                                            (2) The State Superintendent of Schools, ex officio;
                                            (3) The chair of the West Virginia Council for Community and Technical College Education, ex officio; and
                                            (4) Seven at-large members who are citizens of the state, appointed by the Governor, by and with the advice and consent of the Senate: Provided, That prior to appointment, the Governor shall interview each candidate to assure that the person selected understands and is committed to achieving the goals and objectives as set forth in the institutional compacts and in section one-a, article one of this chapter. The Governor shall invite the President of the Senate, the Speaker of the House of Delegates, the chairs of the Senate and House of Delegates committees on finance and education and such other legislative leaders as the Governor may determine to participate in interviewing potential candidates.
                                            (b) Each of the at-large members appointed by the Governor shall represent the public interest and shall be committed to the legislative intent and goals set forth in state law and policy.
                                            (c) The Governor may not appoint any person to be a member of the commission who is an officer, employee or member of the council or an advisory board of any state college or university; 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 appointee or employee of any governing board; or an immediate family member of any employee under the jurisdiction of the commission, the council or any governing board.
                                            (d) Of the seven at-large members appointed by the Governor:
                                            (1) No more than four may belong to the same political party;
                                            (2) At least two shall be appointed from each congressional district; and
                                            (3) ~~Effective July 1, 2008 no~~ No more than one member may serve from the same county.
                                            (e) The at-large members appointed by the Governor serve overlapping terms of four years.
                                            (f) The Governor shall appoint a member to fill any vacancy among the seven at-large members, by and with the advice and consent of the Senate. Any member appointed to fill a vacancy serves for the remainder of the unexpired term. ~~of the vacating member~~ The Governor shall fill the vacancy within ~~thirty~~ sixty days of the occurrence of the vacancy.
                                            (g) An at-large member appointed by the Governor may not serve more than two consecutive terms. If the Governor intends to reappoint an at-large member for a second term, the Governor shall do so within thirty days prior to expiration of the term. If the Governor does not reappoint within the thirty-day period, the term is deemed expired, effective on the scheduled expiration date.
____________________________________________(h) Upon expiration of an at-large member's term, the Governor shall appoint a successor within sixty days of the end of term. An at-large member whose term has expired may not serve more than sixty days following expiration of the term.
____________________________________________~~(h)~~ (i) Before exercising any authority or performing any duties as a member of the commission, 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.
                                            ~~(i)~~ (j) A member of the commission 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.
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~~ continued. -- A Board of Governors is continued at each of the following institutions: Bluefield State College, Blue Ridge Community and Technical College, ~~Bridgemont~~ BridgeValley 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 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. If the Governor intends to reappoint a lay citizen member for a second term, the Governor shall do so within thirty days prior to expiration of the term. If the Governor does not reappoint within the thirty-day period, the term is deemed expired, effective on the scheduled expiration date.
                                            (5) A vacancy in an unexpired term of a member shall be filled for the unexpired term within ~~thirty~~ sixty 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. A member whose term has expired may not serve more than sixty days following expiration 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.
ARTICLE 2B. WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION.
§18B-2B-4. Appointment, composition and terms of council.
                                            (a) The council is comprised of thirteen members selected as follows:
                                            (1) Eight members appointed by the Governor, with the advice and consent of the Senate as follows:
                                            (A) One member shall be appointed from each community and technical college consortia district as established in this ~~section~~ article.
                                            (B) Prior to appointment, the Governor shall interview each candidate to assure that the person selected understands and is committed to achieving the goals and objectives as set forth in the institutional compacts and in section one-a, article one of this chapter. The Governor shall invite the President of the Senate, the Speaker of the House of Delegates, the chairs of the Senate and House of Delegates committees on finance and education and such other legislative leaders as the Governor may determine to participate in interviewing potential candidates. Each member appointed to the council by the Governor shall represent the public interest and shall be committed to the legislative intent and goals set forth in section one-a, article one of this chapter.
                                            (2) The Chairperson of the West Virginia Workforce Investment Council;
                                            (3) The Executive Director of the West Virginia Development Office, or designee;
                                            (4) The President of the West Virginia AFL-CIO, or a designee;
                                            (5) The Chair of the Higher Education Policy Commission who serves as an ex officio, nonvoting member of the council; and
                                            (6) The Assistant Superintendent for Technical and Adult Education of the State Department of Education who serves as an ex officio, nonvoting member of the council;
                                            (b) Any appointed member shall be a citizen of the state, shall represent the public interest and shall understand and be committed to the legislative intent and achieving the goals and objectives set forth in section one-a, article one of this chapter, the essential conditions set forth in article three-c of this chapter, and the goals for secondary and post-secondary vocational- technical-occupational and adult basic education in the state. Any appointed member shall represent the interests of the business, labor and employer communities and demonstrate knowledge of the education needs of the various regions, attainment levels and age groups within the state.
                                            (c) The Governor may not appoint any person to be a member of the council who is an officer, employee or member of an advisory board of any state college or university, the holder of any other public office or public employment under the government of this state or any of its political subdivisions, an appointee or employee of any governing board or an immediate family member of any employee under the jurisdiction of the commission or any governing board. An individual may not serve on the council who is engaged in providing, or employed by a person or company whose primary function is to provide, workforce development services and activities.
                                            (d) Members of the council serve for staggered terms of four years. Notwithstanding the provisions of subdivision (1), subsection (a) of this section, on the effective date of this section any current member of the council maintains his or her appointment to the council and continues to serve for the remainder of the term for which originally appointed. Any additional appointment required by the provisions of said subdivision shall represent a consortia district not otherwise represented on the council.
                                            (e) A member appointed by the Governor may not serve more than two consecutive terms. If the Governor intends to reappoint a member for a second term, the Governor shall do so within thirty days prior to expiration of the term. If the Governor does not reappoint within the thirty-day period, the term is deemed expired, effective on the scheduled expiration date.
____________________________________________(f) Upon expiration of an appointed member's term, the Governor shall appoint a successor within sixty days of the end of the term. An appointed member whose term has expired may not serve more than sixty days following expiration of the term.
____________________________________________(g) The Governor shall appoint a member to fill any vacancy among the eight appointed members, by and with the advice and consent of the Senate. Any member appointed to fill a vacancy serves for the remainder of the unexpired term. The Governor shall fill the vacancy within sixty days of the occurrence of the vacancy.
                                            On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
                                            Engrossed 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. S. B. No. 426) 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. 426) 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. 450, Relating to sale and consumption of alcoholic liquors in certain outdoor dining areas.
                                            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 §60-1-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §60-8-3 of said code be amended and reenacted, all to read as follows:
ARTICLE 1. GENERAL PROVISIONS.
§60-1-5. Definitions.
                                            For the purposes of this chapter:
                                            "Alcohol" shall mean ethyl alcohol whatever its origin and shall include synthetic ethyl alcohol but not denatured alcohol.
                                            "Beer" shall mean any beverage obtained by the fermentation of barley, malt, hops or any other similar product or substitute, and containing more alcohol than that of nonintoxicating beer.
                                            "Nonintoxicating beer" shall mean any beverage, obtained by the fermentation of barley, malt, hops or similar products or substitute, and containing not more alcohol than that specified by section two, article sixteen, chapter eleven of this code.
                                            "Wine" shall mean any alcoholic beverage obtained by the fermentation of the natural content of fruits, or other agricultural products, containing sugar.
                                            "Spirits" shall mean any alcoholic beverage obtained by distillation and mixed with potable water and other substances in solution, and includes brandy, rum, whiskey, cordials and gin.
                                            "Alcoholic liquor" shall include alcohol, beer, wine and spirits, and any liquid or solid capable of being used as a beverage, but shall not include nonintoxicating beer.
                                            "Original package" shall mean any closed or sealed container or receptacle used for holding alcoholic liquor.
                                            "Sale" shall mean any transfer, exchange or barter in any manner or by any means, for a consideration, and shall include all sales made by principal, proprietor, agent or employee.
                                            "Selling" shall include solicitation or receipt of orders; possession for sale; and possession with intent to sell.
                                            "Person" shall mean an individual, firm, partnership, limited partnership, corporation or voluntary association.
                                            "Manufacture" means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle or fill an original package with any alcoholic liquor.
                                            "Manufacturer" shall mean any person engaged in the manufacture of any alcoholic liquor, and among others includes a distiller, a rectifier, a wine maker and a brewer.
                                            "Brewery" shall mean an establishment where beer is manufactured or in any way prepared.
                                            "Winery" shall mean an establishment where wine is manufactured or in any way prepared.
                                            "Distillery" shall mean an establishment where alcoholic liquor other than wine or beer is manufactured or in any way prepared.
                                            "Public place" shall mean any place, building or conveyance to which the public has, or is permitted to have access, including restaurants, soda fountains, hotel dining rooms, lobbies and corridors of hotels and any highway, street, lane, park or place of public resort or amusement: Provided, That the term "public place" shall not mean or include any of the above-named places or any portion or portions thereof which qualify and are licensed under the provisions of this chapter to sell alcoholic liquors for consumption on the premises: Provided, however, That the term "public place" shall not mean or include any legally demarcated area designated solely for the consumption of beverages and freshly prepared food that directly connects and adjoins any portion or portions of a premises that qualifies and is licensed under the provisions of this chapter to sell alcoholic liquors for consumption thereupon: Provided further, That the term "public place" shall also not include a facility constructed primarily for the use of a Division I college that is a member of the National Collegiate Athletic Association, or its successor, and used as a football, basketball, baseball, soccer or other Division I sports stadium which holds a special license to sell wine pursuant to the provisions of section three, article eight of this chapter, in the designated areas of sale and consumption of wine and other restrictions established by that section and the terms of the special license issued thereunder.
                                            "State liquor store" shall mean a store established and operated by the commission under this chapter for the sale of alcoholic liquor in the original package for consumption off the premises.
                                            "An agency" shall mean a drugstore, grocery store or general store designated by the commission as a retail distributor of alcoholic liquor for the West Virginia Alcohol Beverage Control Commissioner.
                                            "Department" shall mean the organization through which the commission exercises powers imposed upon it by this chapter.
                                            "Commissioner" or "commission" shall mean the West Virginia Alcohol Beverage Control Commissioner.
                                            "Intoxicated" shall mean having one's faculties impaired by alcohol or other drugs to the point where physical or mental control or both are markedly diminished.
ARTICLE 8. SALE OF WINES.
§60-8-3. Licenses; fees; general restrictions.
                                            (a) No person may engage in business in the capacity of a winery, farm winery, supplier, distributor, retailer, private wine bed and breakfast, private wine restaurant, private wine spa or wine specialty shop without first obtaining a license from the commissioner, nor shall a person continue to engage in any activity after his or her license has expired, been suspended or revoked. No person may be licensed simultaneously as a distributor and a retailer. No person, except for a winery or farm winery, may be licensed simultaneously as a supplier and a retailer. No person may be licensed simultaneously as a supplier and a private wine bed and breakfast, private wine restaurant or a private wine spa. No person may be licensed simultaneously as a distributor and a private wine bed and breakfast, a private wine restaurant or a private wine spa. No person may be licensed simultaneously as a retailer and a private wine bed and breakfast, a private wine restaurant or a private wine spa.
                                            (b) The commissioner shall collect an annual fee for licenses issued under this article, as follows:
                                            (1) One hundred fifty dollars per year for a supplier's license;
                                            (2) Two thousand five hundred dollars per year for a distributor's license and each separate warehouse or other facility from which a distributor sells, transfers or delivers wine shall be separately licensed and there shall be collected with respect to each location the annual license fee of $2,500 as herein provided;
                                            (3) One hundred fifty dollars per year for a retailer's license;
                                            (4) Two hundred fifty dollars per year for a wine specialty shop license, in addition to any other licensing fees paid by a winery or retailer holding a license, except for the amount of the license fee and the restriction to sales of winery or farm winery wines, a winery or farm winery acting as a wine specialty shop retailer is subject to all other provisions of this article which are applicable to a wine specialty shop retailer as defined in section two of this article;
                                            (5) One hundred fifty dollars per year for a wine tasting license;
                                            (6) One hundred fifty dollars per year for a private wine bed and breakfast license, and each separate bed and breakfast from which a licensee sells wine shall be separately licensed and there shall be collected with respect to each location the annual license fee of $150 as herein provided;
                                            (7) Two hundred fifty dollars per year for a private wine restaurant license, and each separate restaurant from which a licensee sells wine shall be separately licensed and there shall be collected with respect to each location the annual license fee of $250 as herein provided;
                                            (8) One hundred fifty dollars per year for a private wine spa license and each separate private wine spa from which a licensee sells wine shall be separately licensed and there shall be collected with respect to each location the annual license fee of $150 as herein provided;
                                            (9) One hundred fifty dollars per year for a wine sampling license issued for a wine specialty shop under subsection (n) of this section;
                                            (10) No fee shall be charged for a special one-day license under subsection (p) of this section or for a heritage fair and festival license under subsection (q) of this section; and
                                            (11) One hundred fifty dollars per year for a direct shipper's license for a licensee who sells and ships only wine and $250 per for a direct shipper's license who ships and sells wine, nonfortified dessert wine, port, sherry or Madeira wines.
                                            (12) Three hundred dollars per year for a multicapacity winery or farm winery license which shall enable the holder to operate as a retailer, wine specialty shop, supplier and direct shipper without obtaining an individual license for each capacity.
                                            (c) The license period shall begin on July 1 of each year and end on June 30 of the following year and if granted for a less period, the same shall be computed semiannually in proportion to the remainder of the fiscal year.
                                            (d) No retailer may be licensed as a private club as provided by article seven of this chapter, except as provided by subsection (k) of this section.
                                            (e) No retailer may be licensed as a Class A retail dealer in nonintoxicating beer as provided by article sixteen, chapter eleven of this code: Provided, That a delicatessen, a caterer or party supply store which is a grocery store as defined in section two of this article and which is licensed as a Class A retail dealer in nonintoxicating beer may be a retailer under this article: Provided, however, That any delicatessen, caterer or party supply store licensed in both capacities must maintain average monthly sales exclusive of sales of wine and nonintoxicating beer which exceed the average monthly sales of nonintoxicating beer.
                                            (f) A wine specialty shop under this article may also hold a wine tasting license authorizing the retailer to serve complimentary samples of wine in moderate quantities for tasting. Such wine specialty shop shall organize a wine taster's club, which has at least fifty duly elected or approved dues-paying members in good standing. Such club shall meet on the wine specialty shop's premises not more than one time per week and shall either meet at a time when the premises are closed to the general public, or shall meet in a separate segregated facility on the premises to which the general public is not admitted. Attendance at tastings shall be limited to duly elected or approved dues-paying members and their guests.
                                            (g) A retailer who has more than one place of retail business shall obtain a license for each separate retail establishment. A retailer's license may be issued only to the proprietor or owner of a bona fide grocery store or wine specialty shop.
                                            (h) The commissioner may issue a special license for the retail sale of wine at any festival or fair which is endorsed or sponsored by the governing body of a municipality or a county commission. Such special license shall be issued for a term of no longer than ten consecutive days and the fee therefor shall be $250 regardless of the term of the license unless the applicant is the manufacturer of said wine on a winery or a farm winery as defined in section five-a, article one of this chapter, in which event the fee shall be $50 if the event is held on the premises of the winery or farm winery. The application for the license shall contain information as the commissioner may reasonably require and shall be submitted to the commissioner at least thirty days prior to the first day when wine is to be sold at the festival or fair. A winery or a farm winery licensed under this subsection may exhibit, conduct tastings or sell samples, not to exceed a reasonable serving of three ounces, and may sell wine samples for consumption on the premises during the operation of a festival or fair: Provided, That for licensed wineries or farm wineries at a licensed festival or fair the tastings, samples and off-premises sales shall occur under the hours of operation as required in this article, except that on Sunday tastings, samples and off-premises sales are unlawful between the hours of 2:00 a. m. and 10:00 a. m. A special license issued other than to a winery or a farm winery may be issued to a "wine club" as defined herein below. The festival or fair committee or the governing body shall designate a person to organize a club under a name which includes the name of the festival or fair and the words "wine club". The license shall be issued in the name of the wine club. A licensee may not commence the sale of wine as provided in this subsection until the wine club has at least fifty dues-paying members who have been enrolled and to whom membership cards have been issued. Thereafter, new members may be enrolled and issued membership cards at any time during the period for which the license is issued. A wine club licensed under the provisions of this subsection may sell wine only to its members, and in portions not to exceed eight ounces per serving. The sales shall take place on premises or in an area cordoned or segregated so as to be closed to the general public, and the general public shall not be admitted to the premises or area. A wine club licensee under the provisions of this subsection shall be authorized to serve complimentary samples of wine in moderate quantities for tasting.
                                            A license issued under the provisions of this subsection and the licensee holding the license shall be subject to all other provisions of this article and the rules and orders of the commissioner relating to the special license: Provided, That the commissioner may by rule, regulation or order provide for certain waivers or exceptions with respect to the provisions, rules, regulations or orders as the circumstances of each festival or fair may require, including, without limitation, the right to revoke or suspend any license issued pursuant to this section prior to any notice or hearing notwithstanding the provisions of section twenty- seven and twenty-eight of this article: Provided, however, That under no circumstances shall the provisions of subsection (c) or (d), section twenty of this article be waived nor shall any exception be granted with respect thereto.
                                            A license issued under the provisions of this subsection and the licensee holding the license is not subject to the provisions of subsection (g) of this section.
                                            (i) (A) The commissioner may issue a special license for the retail sale of wine in a professional baseball stadium. A license to sell wine granted pursuant to this subsection entitles the licensee to sell and serve wine, for consumption in a professional baseball stadium. For the purpose of this subsection, "professional baseball stadium" means a facility constructed primarily for the use of a major or minor league baseball franchisee affiliated with the National Association of Professional Baseball Leagues, Inc., or its successor, and used as a major or minor league baseball park. Any special license issued pursuant to this subsection shall be for a term beginning on the date of issuance and ending on the next following June 30, and its fee is $250 regardless of the length of the term of the license. The application for the special license shall contain information as the commissioner may reasonably require and must be submitted to the commissioner at least thirty days prior to the first day when wine is to be sold at the professional baseball stadium. The special license may be issued in the name of the baseball franchisee or the name of the primary food and beverage vendor under contract with the baseball franchisee. These sales must take place within the confines of the professional baseball stadium, provided that the exterior of the area where wine sales may occur are surrounded by a fence or other barrier prohibiting entry except upon the franchisee's express permission, and under the conditions and restrictions established by the franchisee, so that the wine sales area is closed to free and unrestricted entry by the general public.
                                            (B) A license issued under this subsection and the licensee holding the license is subject to all other provisions of this article and the rules and orders of the commissioner relating to the special license: Provided, That the commissioner may by rule or order grant certain waivers or exceptions to those rules or orders as the circumstances of each professional baseball stadium may require, including, without limitation, the right to revoke or suspend any license issued pursuant to this section prior to any notice or hearing notwithstanding sections twenty-seven and twenty-eight of this article: Provided, however, That under no circumstances may subsection (c) or (d), section twenty of this article be waived nor shall any exception be granted concerning those subsections.
                                            (C) The commissioner has the authority to propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code to implement this subsection.
                                            (j) A license to sell wine granted to a private wine bed and breakfast, private wine restaurant, private wine spa or a private club under the provisions of this article entitles the operator to sell and serve wine, for consumption on the premises of the licensee, when the sale accompanies the serving of food or a meal to its members and their guests in accordance with the provisions of this article: Provided, That a licensed private wine bed and breakfast, private wine restaurant, private wine spa or a private club may permit a person over twenty-one years of age to purchase wine, consume wine and recork or reseal, using a tamper resistant cork or seal, up to two separate bottles of unconsumed wine in conjunction with serving of food or a meal to its members and their guests in accordance with the provisions of this article and in accordance with regulations promulgated by the commissioner for the purpose of consumption of said wine off premises: Provided, however, That for this article, food or a meal provided by the private licensee means that the total food purchase, excluding beverage purchases, taxes, gratuity or other fees is at least $15: Provided further, That a licensed private wine restaurant or a private club may offer for sale for consumption off the premises, sealed bottles of wine to its customers provided that no more than one bottle is sold per each person over twenty-one years of age, as verified by the private wine restaurant or private club, for consumption off the premises. Such licensees are authorized to keep and maintain on their premises a supply of wine in quantities as may be appropriate for the conduct of operations thereof. Any sale of wine so made shall be subject to all restrictions set forth in section twenty of this article. A private wine restaurant may also be licensed as a Class A retail dealer in nonintoxicating beer as provided by article sixteen, chapter eleven of this code.
                                            (k) With respect to subsections (h), (i), (j), (o) and (p) of this section, the commissioner shall promulgate legislative rules in accordance with the provisions of chapter twenty-nine-a of this code with regard to the form of the applications, the suitability of both the applicant and location of the licensed premises and other legislative rules deemed necessary to carry the provisions of the subsections into effect.
                                            (l) The commissioner shall promulgate legislative rules in accordance with the provisions of chapter twenty-nine-a of this code to allow restaurants to serve wine with meals, and to sell wine by the bottle for off-premises consumption as provided in subsection (j) of this section. Each restaurant so licensed shall be charged an additional $100 per year fee.
                                            (m) The commissioner shall establish guidelines to permit wines to be sold in all stores licensed for retail sales.
                                            (n) Wineries and farm wineries may advertise off premises as provided in section seven, article twenty-two, chapter seventeen of this code.
                                            (o) A wine specialty shop under this article may also hold a wine sampling license authorizing the wine specialty shop to conduct special wine sampling events at a licensed wine specialty shop location during regular hours of business. The wine specialty shop may serve up to three complimentary samples of wine, consisting of no more than one ounce each, to any one consumer in one day. Persons serving the complimentary samples must be twenty-one years of age and an authorized representative of the licensed wine specialty shop, winery, farm winery or a representative of a distributor or registered supplier. Distributor and supplier representatives attending wine sampling events must be registered with the commissioner. No licensee, employee or representative may furnish, give or serve complimentary samples of wine to any person less than twenty-one years of age or to a person who is physically incapacitated due to the consumption of alcoholic liquor or the use of drugs. The wine specialty shop shall notify and secure permission from the commissioner for all wine sampling events one month prior to the event. Wine sampling events may not exceed six hours per calendar day. Licensees must purchase all wines used during these events from a licensed farm winery or a licensed distributor.
                                            (p) The commissioner may issue special one-day licenses to duly organized, nonprofit corporations and associations allowing the sale and serving of wine when raising money for athletic, charitable, educational or religious purposes. The license application shall contain information as the commissioner may reasonably require and shall be submitted to the commissioner at least thirty days prior to the event. Wines used during these events may be donated by or purchased from a licensed retailer, a distributor or a farm winery. Under no circumstances may the provision of subsection (c), section twenty of this article be waived nor may any exception be granted with respect thereto.
                                            (q) The commissioner may issue special licenses to heritage fairs and festivals allowing the sale, serving and sampling of wine from a licensed farm winery. The license application shall contain information required by the commissioner and shall be submitted to the commissioner at least thirty days prior to the event. Wines used during these events may be donated by or purchased from a licensed farm winery. Under no circumstances may the provision of subsection (c), section twenty of this article be waived nor may any exception be granted with respect thereto. The commissioner shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code to implement the provisions of this subsection.
                                            (r) (1) The commissioner may issue a special license for the retail sale of wine in a college stadium. A license to sell wine granted pursuant to this subsection entitles the licensee to sell and serve wine for consumption in a college stadium. For the purpose of this subsection, "college stadium" means a facility constructed primarily for the use of a Division I college that is a member of the National Collegiate Athletic Association, or its successor, and used as a football, basketball, baseball, soccer or other Division I sports stadium. A special license issued pursuant to this subsection shall be for a term beginning on the date of its issuance and ending on the next following June 30, and its fee is $250 regardless of the length of the term of the license. The application for the special license shall contain information as the commissioner may reasonably require and must be submitted to the commissioner at least thirty days prior to the first day when wine is to be sold. The special license may be issued in the name of the National Collegiate Athletic Association Division I college or university or the name of the primary food and beverage vendor under contract with that college or university. These sales must take place within the confines of the college stadium: Provided, That the exterior of the area where wine sales may occur are surrounded by a fence or other barrier prohibiting entry except upon the college or university's express permission and under the conditions and restrictions established by the college or university, so that the wine sales area is closed to free and unrestricted entry by the general public.
____________________________________________(2) A license issued under this subsection and the licensee are subject to the other requirements of this article and the rules and orders of the commissioner relating to the special license: Provided, That the commissioner may by rule or order grant certain waivers or exceptions to those rules or orders as the circumstances of each the college stadium may require, including, without limitation, the right to revoke or suspend any license issued pursuant to this section prior to any notice or hearing notwithstanding sections twenty-seven and twenty-eight of this article: Provided, however, That subsection (c) or (d), section twenty of this article may not be waived, nor shall any exception be granted concerning those subsections.
____________________________________________(3) The commissioner may propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code to implement this subsection.;
                                            And,
                                            By striking out the title and substituting therefor a new title, to read as follows:
                                            Eng. Com. Sub. for Senate Bill No. 450--A Bill to amend and reenact §60-1-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-8-3 of said code, all relating to the licensed sale and consumption of alcoholic beverages in outdoor settings adjacent to public places; relating to the sale of liquors in liquors in outdoor dining areas adjoining an ABCA-licensed facility; permitting the sale of wine at certain college and university sports stadiums; establishing the conditions under which wine may be sold; setting a licensing fee; establishing who may hold a license; stating where wine may be served; granting the authority to grant waivers and exceptions and to revoke licenses; defining a term; authorizing rulemaking; and clarifying the definition of public place as it relates to such special licenses.
                                            On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
                                            Engrossed Committee Substitute for Senate Bill No. 450, 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. 450) 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. 450) 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. 469, Creating Veterans and Warriors to Agriculture Program.
                                            On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
                                            On pages three and four, section eleven, lines twenty-five through forty-one, by striking out all of subsection (c) and inserting in lieu thereof a new subsection, designated subsection (c), to read as follows:
                                            (c) Veterans and Warriors to Agriculture Fund. -- There is hereby created in the State Treasury a special revenue account designated the Veterans and Warriors to Agriculture Fund. The fund shall consist of income from leasing the department's property for the program, surplus funds which may be transferred from the fund created by section six-a, article twelve-a of this chapter, gifts, grants and donations, and legislative appropriations which may be made to support the program. Expenditures from the fund shall be used exclusively, in accordance with appropriations by the Legislature, to pay costs, fees and expenses necessary to administer the Veterans and Warriors to Agriculture Program: Provided, That for fiscal year ending June 30, 2015, expenditures are authorized from collections rather than pursuant to an appropriation by the Legislature.
                                            On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to 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 title.
                                            Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
________
                                            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 rejection by that body of
                                            Eng. Com. Sub. for Senate Joint Resolution No. 12, Proposing constitutional amendment designated Protecting and Conserving West Virginia's Water Resources for the Use and Benefit of its Citizens Amendment.
                                            A message from the Clerk of the House of Delegates announced the rejection by that body of
                                            Eng. Com. Sub. for Senate Joint Resolution No. 14, Proposing constitutional amendment designated Future Fund Amendment.
                                            A message from the Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to the House of Delegates amendments to, and the passage as amended with its Senate amended title, of
                                            Eng. Com. Sub. for Senate Bill No. 307, Relating to pretrial management of persons charged with committing crimes.
                                            A message from the Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to the House of Delegates amendments to, and the passage as amended with its House of Delegates amended title, of
                                            Eng. Com. Sub. for Com. Sub. for Senate Bill No. 373, Relating to water resources protection.
                                            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. 395, Relating to operation and oversight of certain human services benefit programs.
                                            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. 425, Relating to licensure, supervision and regulation of physician assistants.
                                            A message from the Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to the House of Delegates amendment to, and the passage as amended, of
                                            Eng. Senate Bill No. 454, Defining dam "owner".
                                            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. Com. Sub. for Senate Bill No. 477, Providing teachers determine use of time during planning period.
                                            A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
                                            Eng. Senate Bill No. 485, Exempting DOH from certain permitting requirements of Natural Streams Preservation Act.
                                            A message from The Clerk of the House of Delegates announced that that body had receded from its amendments to, and the passage as amended by deletion, to take effect July 1, 2014, of
                                            Eng. Com. Sub. for Senate Bill No. 507, Relating to Board of Barbers and Cosmetologists.
                                            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. 535, Clarifying definition of "ginseng".
                                            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. 553, Relating to certificates of nomination for elected office.
                                            A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
                                            Eng. Senate Bill No. 572, Relating to financing statements covering as-extracted collateral or timber to be cut.
                                            A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
                                            Eng. Senate Bill No. 585, Removing unconstitutional language regarding access to rail lines.
                                            A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
                                            Eng. Senate Bill No. 586, Removing unconstitutional language regarding jurors and verdicts in certain civil litigation.
                                            A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
                                            Eng. Senate Bill No. 601, Relating to property assessment appeals.
                                            A message from the Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to the House of Delegates amendments to, and the passage as amended, of
                                            Eng. Com. Sub. for Senate Bill No. 623, Requiring notification of certain substance abuse screening of mine personnel.
                                            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. 631, Extending time for Fayetteville City Council to meet as levying body.
                                            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. 2387, Relating to reasonable accommodations under the West Virginia Fair Housing Act for persons with disabilities who need assistive animals.
                                            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. 2477, Permitting certain auxiliary lighting on motorcycles.
                                            A message from The Clerk of the House of Delegates announced that that body had agreed to the changed effective date to take effect from passage, of
                                            Eng. Com. Sub. for House Bill No. 2606, Permitting the State Rail Authority to set the salary of the executive director.
                                            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. 2757, Private cause of action for the humane destruction of a dog.
                                            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. 3011, Removing the provision that requires an applicant to meet federal requirements concerning the production, distribution and sale of industrial hemp prior to being licensed.
                                            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. 3156, Granting a labor organization a privilege from being compelled to disclose any communication or information the labor organization or agent received or acquired in confidence from an employee.
                                            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. 4005, Relating to criminal offenses for child abuse and child neglect.
                                            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. 4039, 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. Com. Sub. for House Bill No. 4139, Restricting parental rights of child custody and visitation when the child was conceived as a result of a sexual assault or sexual abuse.
                                            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. 4184, Relating to the West Virginia Tourism Development Act.
                                            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. 4204, Relating to the nonrenewal or cancellation of property insurance coverage policies in force for at least four years.
                                            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. 4210, Juvenile sentencing reform.
                                            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. 4220, Relating to waiver of jury trial in claims arising from consumer transactions.
                                            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. 4228, Repealing or removing certain portions of education-related statutes that have expired.
                                            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. 4237, Prohibiting the sale, distribution and use of electronic cigarettes, vapor products and other alternative nicotine products to persons under the age of eighteen.
                                            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. 4294, Establishing standards for court reporters and entities that provide court reporting 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. 4316, Creating the student data accessability, transparency and accountability act.
                                            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. 4335, Relating to a child's right to nurse.
                                            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. 4339, Ensuring that moneys from the Solid Waste Authority Closure Cost Assistance Fund are available to facilitate the closure of the Elkins-Randolph County Landfill and the Webster County Landfill.
                                            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. 4343, West Virginia Project Launchpad Act.
                                            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. 4346, Establishing separate standards of performance for carbon dioxide emissions.
                                            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. 4360, Relating to consumer credit protection.
                                            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. 4560, Relating to reimbursement for copies of medical 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. House Bill No. 4588, Protecting unborn children who are capable of experiencing pain by prohibiting abortion after twenty weeks.
                                            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. 4601, Relating to fiscal management and regulation of publicly-owned utilities.
                                            On motion of Senator Unger, the Senate adjourned until tomorrow, Sunday, March 9, 2014, 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 March 5, 2014, extending the second annual session of the eighty-first Legislature until and including the twelfth day of March, two thousand fourteen, solely for that purpose, as being the only permissive legislation within constitutional purview.
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