Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-SECOND LEGISLATURE

REGULAR SESSION, 2015

FIFTY-SEVENTH DAY

____________

Charleston, W. Va., Wednesday, March 11, 2015

            The Senate met at 11 a.m.

(Senator Cole, Mr. President, in the Chair.)

            Prayer was offered by Pastor LaDeana Teets, Elkins Church of the Brethren, Elkins, West Virginia.

            Mountaineer ChalleNGe Academy Cadets from Kingwood, West Virginia, proceeded in the posting of the Colors. The Senate was then led in recitation of the Pledge of Allegiance by the Honorable David Nohe, a senator from the third district.

            Pending the reading of the Journal of Tuesday, March 10, 2015,

            On motion of Senator Kirkendoll, 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.

            At the request of Senator Plymale, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to grant the family of the late Honorable Mack Clarkson Jarrell privileges of the floor for the day.

            The Senate 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, and requested the concurrence of the Senate in the House of Delegates amendment, as to

            Eng. Com. Sub. for Senate Bill No. 411, Creating Asbestos Bankruptcy Trust Claims Transparency Act and Asbestos and Silica Claims Priorities Act.

            On motion of Senator Carmichael, 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 the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4, §55-7E-5, §55-7E-6, §55-7E-7, §55-7E-8, §55-7E-9, §55-7E-10 and §55-7E-11; and that said code be amended by adding thereto a new article, designated §55-7F-1, §55-7F-2, §55-7F-3, §55-7F-4, §55-7F-5, §55-7F-6, §55-7F-7, §55-7F-8, §55-7F-9 and §55-7F-10, all to read as follows:

ARTICLE 7E. ASBESTOS BANKRUPTCY TRUST CLAIMS TRANSPARENCY ACT.

§55-7E-1. Short title.

            This article shall be known and may be cited as the Asbestos Bankruptcy Trust Claims Transparency Act.

§55-7E-2. Findings and purpose.

            (a) The West Virginia Legislature finds that:

            (1) The United States Supreme Court in Amchem Prods., Inc. v. Windsor, 521 U.S. 591, 598 (1997) described the asbestos litigation as a crisis;

            (2) Approximately one hundred employers have declared bankruptcy at least partially due to asbestos-related liability;

            (3) These bankruptcies have resulted in a search for more solvent companies, resulting in over eight thousand five hundred companies being named as asbestos defendants, including many small- and medium-sized companies, in industries that cover eighty-five percent of the United States economy;

            (4) Scores of trusts have been established in asbestos-related bankruptcy proceedings to form a multi-billion dollar asbestos bankruptcy trust compensation system outside of the tort system, and new asbestos trusts continue to be formed;

            (5) Asbestos claimants often seek compensation for alleged asbestos-related conditions from solvent defendants in civil actions and from trusts or claims facilities formed in asbestos bankruptcy proceedings;

            (6) There is limited coordination and transparency between these two paths to recovery;

            (7) An absence of transparency between the asbestos bankruptcy trust claim system and the civil court systems has resulted in the suppression of evidence in asbestos actions and potential fraud;

            (8) West Virginia's Mass Litigation Panel has previously entered cases management orders that apply substantive transparency provisions requiring plaintiffs to disclose, among other things, any claims that may exist against asbestos bankruptcy trusts; and

            (9) It is in the interest of justice that there be transparency for claims made in the asbestos bankruptcy trust claim system and for claims made in civil asbestos litigation.

            (b) It is the purpose of this article to:

            (1) Provide transparency for claims made in the asbestos bankruptcy trust claim system and for claims made in civil asbestos litigation; and

            (2) Reduce the opportunity for fraud or suppression of evidence in asbestos actions.

§55-7E-3. Definitions.

            For the purpose of this article:

            (1) "Asbestos action" means a claim for damages or other civil or equitable relief presented in a civil action arising out of, based on or related to the health effects of exposure to asbestos, including loss of consortium, wrongful death, mental or emotional injury, risk or fear of disease or other injury, costs of medical monitoring or surveillance and any other derivative claim made by or on behalf of a person exposed to asbestos or a representative, spouse, parent, child or other relative of that person. The term does not include a claim for compensatory benefits pursuant to workers' compensation law or for veterans' benefits, or the Federal Employees Liability Act, 45 U. S. C. §51 et seq. as defined by article seven-f of this chapter.

            (2) "Asbestos trust" means a government-approved or court-approved trust, qualified settlement fund, compensation fund or claims facility created as a result of an administrative or legal action, a court-approved bankruptcy, or pursuant to 11 U. S. C. §524(g) or 11 U. S. C. §1121(a) or other applicable provision of law, that is intended to provide compensation to claimants arising out of, based on or related to the health effects of exposure to asbestos.

            (3) "Plaintiff" means a person asserting an asbestos action, a decedent if the action is brought through or on behalf of an estate, or a parent or guardian if the action is brought through or on behalf of a minor or incompetent.

            (4) "Trust claims materials" means a final executed proof of claim and all other documents and information related to a claim against an asbestos trust, including claims forms and supplementary materials, affidavits, depositions and trial testimony, work history and, medical and health records, documents reflecting the status of a claim against an asbestos trust, and if the asbestos trust claim has settled, all documents relating to the settlement of the asbestos trust claim.

            (5) "Trust governance documents" means all documents that relate to eligibility and payment levels, including claims payment matrices, trust distribution procedures, or plans for reorganization, for an asbestos trust.

§55-7E-4. Required disclosures by plaintiff.

            (a) For each asbestos action filed in this state, the plaintiff shall provide all parties with a sworn statement identifying all asbestos trust claims that have been filed by the plaintiff or by anyone on the plaintiff's behalf, including claims with respect to asbestos-related conditions other than those that are the basis for the asbestos action or that potentially could be filed by the plaintiff against an asbestos trust. The sworn statement shall be provided no later than one hundred twenty days prior to the date set for trial for the asbestos claim action. For each asbestos trust claim or potential asbestos trust claim identified in the sworn statement, the statement shall include the name, address and contact information for the asbestos trust, the amount claimed or to be claimed by the plaintiff, the date the plaintiff filed the claim, the disposition of the claim and whether there has been a request to defer, delay, suspend, or toll the claim. The sworn statement shall include an attestation from the plaintiff, under penalties of perjury, that the sworn statement is complete and is based on a good faith investigation of all potential claims against asbestos trusts.

            (b) The plaintiff shall make available to all parties all trust claims materials for each asbestos trust claim that has been filed by the plaintiff or by anyone on the plaintiff's behalf against an asbestos trust, including any asbestos-related disease.

            (c) The plaintiff shall supplement the information and materials provided pursuant to this section within ninety days after the plaintiff files an additional asbestos trust claim, supplements an existing asbestos trust claim or receives additional information or materials related to any claim or potential claim against an asbestos trust.

            (d) Failure by the plaintiff to make available to all parties all trust claims materials as required by this article shall constitute grounds for the court to decline to extend the trial date in an asbestos action.

§55-7E-5. Discovery; use of materials.

            (a) Trust claims materials and trust governance documents are presumed to be relevant and authentic and are admissible in evidence. No claims of privilege apply to any trust claims materials or trust governance documents.

            (b) A defendant in an asbestos action may seek discovery from an asbestos trust. The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide consent or other expression of permission that may be required by the asbestos trust to release information and materials sought by a defendant.

§55-7E-6. Scheduling trial; stay of action.

            (a) A court shall stay an asbestos action if the court finds that the plaintiff has failed to make the disclosures required under section four of this article within one hundred twenty days prior to the trial date.

            (b) If, in the disclosures required by section four of this article, a plaintiff identifies a potential asbestos trust claim, the judge shall have the discretion to stay the asbestos action until the plaintiff files the asbestos trust claim and provides all parties with all trust claims materials for the claim. The plaintiff shall also state whether there has been a request to defer, delay, suspend, or toll the claim against the asbestos trust.

§55-7E-7. Identification of additional or alternative asbestos trusts by defendant.

            (a) Not less than ninety days before trial, if a defendant identifies an asbestos trust claim not previously identified by the plaintiff that the defendant reasonably believes the plaintiff can file, the defendant shall meet and confer with plaintiff to discuss why defendant believes plaintiff has an additional asbestos trust claim, and thereafter the defendant may move the court for an order to require the plaintiff to file the asbestos trust claim. The defendant shall produce or describe the documentation it possesses or is aware of in support of the motion.

            (b) Within ten days of receiving the defendant's motion under subsection (a) of this section, the plaintiff shall, for each asbestos trust claim identified by the defendant, make one of the following responses:

            (1) File the asbestos trust claim;

            (2) File a written response with the court setting forth the reasons why there is insufficient evidence for the plaintiff to file the asbestos trust claim; or

            (3) File a written response with the court requesting a determination that the plaintiff's expenses or attorney's fees and expenses to prepare and file the asbestos trust claim identified in the defendant's motion exceed the plaintiff's reasonably anticipated recovery from the trust.

            (c) (1) If the court determines that there is a sufficient basis for the plaintiff to file the asbestos trust claim identified by a defendant, the court shall order the plaintiff to file the asbestos trust claim and shall stay the asbestos action until the plaintiff files the asbestos trust claim and provides all parties with all trust claims materials no later than thirty days before trial.

            (2) If the court determines that the plaintiff's expenses or attorney's fees and expenses to prepare and file the asbestos trust claim identified in the defendant's motion exceed the plaintiff's reasonably anticipated recovery from the asbestos trust, the court shall stay the asbestos action until the plaintiff files with the court and provides all parties with a verified statement of the plaintiff's history of exposure, usage, or other connection to asbestos covered by the asbestos trust.

            (d) Not less than thirty days prior to trial in an asbestos action, the court shall enter into the record a trust claims document that identifies each claim the plaintiff has made against an asbestos trust.

§55-7E-8. Valuation of asbestos trust claims; judicial notice.

            (a) If a plaintiff proceeds to trial in an asbestos action before an asbestos trust claim is resolved, the filing of the asbestos trust claim may be considered as relevant and admissible evidence.

            (b) Trust claim materials that are sufficient to entitle a claim to consideration for payment under the applicable trust governance documents may be sufficient to support a jury finding that the plaintiff may have been exposed to products for which the asbestos trust was established to provide compensation and that such exposure may be a substantial factor in causing the plaintiff's injury that is at issue in the asbestos action.

§55-7E-9. Setoff; credit.

            In any asbestos action in which damages are awarded, a defendant is entitled to a setoff or credit in the amount of the valuation established under the applicable trust governance documents, including payment percentages for asbestos trust claims pending at trial and any amount the plaintiff has been awarded from an asbestos trust claim that has been identified at the time of trial. If multiple defendants are found liable for damages, the court shall distribute the amount of setoff or credit proportionally between the defendants, according to the liability of each defendant.

§55-7E-10. Failure to provide information; sanctions.

            A plaintiff who fails to provide all of the information required under this article is subject to sanctions as provided in the West Virginia Rules of Civil Procedure and any other relief for the defendants that the court considers just and proper.

§55-7E-11. Application.

            The provisions of this article apply to all asbestos actions filed on or after the effective date of this article.

ARTICLE 7F. ASBESTOS AND SILICA CLAIMS PRIORITIES ACT.

§55-7F-1. Short title.

            This article shall be known and may be cited as the Asbestos and Silica Claims Priorities Act.

§55-7F-2. Findings and purpose.

            (a) The West Virginia Legislature finds that:

            (1) Asbestos is a mineral that was widely used prior to the 1980s for insulation, fireproofing and other purposes;

            (2) Millions of American workers and others were exposed to asbestos, especially during and after World War II and prior to the promulgation of regulations by the Occupational Safety and Health Administration in the early 1970s;

            (3) Exposure to asbestos has been associated with various types of cancer, including mesothelioma and lung cancer, as well as nonmalignant conditions such as asbestosis and diffuse pleural thickening;

            (4) Diseases caused by asbestos often have long latency periods;

            (5) Although the use of asbestos has dramatically declined since the 1970s and workplace exposures have been regulated since 1971 by the Occupational Safety and Health Administration, past exposures will continue to result in significant claims of death and disability as a result of such exposure;

            (6) Over the years, West Virginia courts have been deluged with asbestos lawsuits.

            (7) The United States Supreme Court in Amchem Prods., Inc. v. Windsor, 521 U.S. 591, 598 (1997), described the asbestos litigation as a crisis;

            (8) Lawyer-sponsored x-ray screenings have been used to amass large numbers of claims by unimpaired plaintiffs;

            (9) One of the country's most prolific B-readers was a doctor from West Virginia;

            (10) Approximately one hundred employers have declared bankruptcy at least partially due to asbestos-related liability;

            (11) These bankruptcies have resulted in a search for more solvent companies, resulting in over eight thousand five hundred companies being named as asbestos defendants nationally and many in West Virginia, including many small- and medium-sized companies, in industries that cover eighty-five percent of the United States economy;

            (12) Silica is a naturally occurring mineral as the earth's crust is over ninety percent silica, and crystalline silica dust is the basic component of sand, quartz and granite;

            (13) Silica-related illness, including silicosis, can develop from the prolonged inhalation of respirable silica particles;

            (14) Silica claims, like asbestos claims, have involved individuals with no demonstrable physical impairment, and plaintiffs have been identified through the use of for-profit, screening companies;

            (15) Silica screening processes have been found subject to substantial abuse and potential fraud;

            (16) The cost of compensating plaintiffs who have no present asbestos-related or silica-related physical impairment, and the cost of litigating their claims, jeopardizes the ability of defendants to compensate people with cancer and other serious asbestos-related diseases and adversely affects defendant companies;

            (17) Concerns about statutes of limitations and available funds can prompt unimpaired asbestos and silica claimants to bring lawsuits in order to protect against losing their rights to future compensation should they become impaired;

            (18) Trial consolidations, joinders and similar trial procedures used by some courts to handle asbestos and silica cases can undermine the appropriate functioning of the courts, deny due process to plaintiffs and defendants and encourage the filing of cases by unimpaired asbestos and silica plaintiffs; and

            (19) The public interest requires giving priority to the claims of exposed individuals who are sick in order to help preserve, now and for the future, defendants' ability to compensate people who develop cancer and other serious asbestos-related diseases, as well as silica-related injuries, and to safeguard the jobs, benefits and savings of workers in West Virginia and the well-being of the West Virginia economy.

            (b) It is the purpose of this article to:

            (1) Give priority to asbestos and silica claimants who can demonstrate actual physical impairment caused by exposure to asbestos or silica;

            (2) Toll the running of the statutes of limitations for persons who have been exposed to asbestos or to silica but who have no present physical impairment caused by such exposure;

            (3) Enhance the ability of the courts to supervise and manage asbestos and silica cases;

            (4) Reduce the opportunity for fraud in asbestos and silica litigation; and

            (5) Conserve the defendants‛ resources to allow compensation to present and future claimants with physical impairment caused by exposure to asbestos or silica.

§55-7F-3. Definitions.

            For the purpose of this article:

            (1) "AMA Guides to the Evaluation of Permanent Impairment" means the American Medical Association's Guides to the Evaluation of Permanent Impairment in effect at the time of the performance of any examination or test on the exposed person required under this article.

            (2) "Asbestos" means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals and any of these minerals that have been chemically treated or altered, including all minerals defined as asbestos in 29 CFR §1910 at the time an asbestos action is filed.

            (3) "Asbestos action" means a claim for damages or other civil or equitable relief presented in a civil action arising out of, based on or related to the health effects of exposure to asbestos, including loss of consortium, wrongful death, mental or emotional injury, risk or fear of disease or other injury, costs of medical monitoring or surveillance and any other derivative claim made by or on behalf of a person exposed to asbestos or a representative, spouse, parent, child or other relative of that person. The term does not include a claim for compensatory benefits pursuant to workers' compensation law or for veterans' benefits or claims brought by a person as a subrogee by virtue of the payment of benefits under a workers' compensation law.

            (4) "Asbestosis" means bilateral diffuse interstitial fibrosis of the lungs caused by inhalation of asbestos fibers.

            (5) "Board-certified in internal medicine" means a physician who is certified by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine and whose certification was current at the time of the performance of any examination and rendition of any report required by this article.

            (6) "Board-certified in occupational medicine" means a physician who is certified in the subspecialty of occupational medicine by the American Board of Preventive Medicine or the American Osteopathic Board of Preventive Medicine and whose certification was current at the time of the performance of any examination and rendition of any report required by this article.

            (7) "Board-certified in pathology" means a physician who holds primary certification in anatomic pathology or clinical pathology from the American Board of Pathology or the American Osteopathic Board of Pathology, whose certification was current at the time of the performance of any examination and rendition of any report required by this Act, and whose professional practice is principally in the field of pathology and involves regular evaluation of pathology materials obtained from surgical or postmortem specimens.

            (8) "Board-certified in pulmonary medicine" means a physician who is certified in the subspecialty of pulmonary medicine by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine and whose certification was current at the time of the performance of any examination and rendition of any report required by this article.

            (9) "Certified B-reader" means an individual who has qualified as a National Institute for Occupational Safety and Health (NIOSH) "final" or "B-reader" of x-rays under 42 CFR § 37.51(b), whose certification was current at the time of any readings required under this article, and whose B-reads comply with the NIOSH B-Reader's Code of Ethics, Issues in Classification of Chest Radiographs and Classification of Chest Radiographs in Contested Proceedings.

            (10) "Chest x-ray" means chest films taken in accordance with all applicable state and federal regulatory standards and taken in the posterior-anterior view.

            (11) "DLCO" means diffusing capacity of the lung for carbon monoxide, which is the measurement of carbon monoxide transfer from inspired gas to pulmonary capillary blood.

            (12) "Exposed person" means a person whose exposure to asbestos or silica or to asbestos-containing or silica-containing products is the basis for an asbestos or silica action.

            (13) "FEV1" means forced expiratory volume in the first second, which is the maximal volume of air expelled in one second during performance of simple spirometric tests.

            (14) "FEV1/FVC" means the ratio between the actual values for FEV1 over FVC.

            (15) "FVC" means forced vital capacity, which is the maximal volume of air expired with maximum effort from a position of full inspiration.

            (16) "ILO” system and “ILO scale" mean the radiological ratings and system for the classification of chest x-rays of the International Labor Office provided in Guidelines for the Use of ILO International Classification of Radiographs of Pneumoconioses in effect on the day any x-rays of the exposed person were reviewed by a certified B-reader.

            (17) "Nonmalignant condition" means any condition that can be caused by asbestos or silica other than a diagnosed cancer.

            (18) "Official statements of the American Thoracic Society" means lung function testing standards set forth in statements from the American Thoracic Society including standardizations of spirometry, standardizations of lung volume testing, standardizations of diffusion capacity testing or single-breath determination of carbon monoxide uptake in the lung and interpretive strategies for lung function tests, which are in effect on the day of the pulmonary function testing of the exposed person.

            (19) "Pathological evidence of asbestosis" means a statement by a board-certified pathologist that more than one representative section of lung tissue uninvolved with any other disease process demonstrates a pattern of peribronchiolar or parenchymal scarring in the presence of characteristic asbestos bodies graded 1(B) or higher under the criteria published in Asbestos-Associated Diseases, 106 Archive of Pathology and Laboratory Medicine 11, Appendix 3 (October 8, 1982), or grade one or higher in Pathology of Asbestosis, 134 Archive of Pathology and Laboratory Medicine 462-80 (March 2010) (Tables 2 and 3), or as amended at the time of the exam, and there is no other more likely explanation for the presence of the fibrosis.

            (20) "Pathological evidence of silicosis" means a statement by a board-certified pathologist that more than one representative section of lung tissue uninvolved with any other disease process demonstrates complicated silicosis with characteristic confluent silicotic nodules or lesions equal to or greater than one centimeter and birefringent crystals or other demonstration of crystal structures consistent with silica (well-organized concentric whorls of collagen surrounded by inflammatory cells) in the lung parenchyma and no other more likely explanation for the presence of the fibrosis exists, or acute silicosis with characteristic pulmonary edema, interstitial inflammation, and the accumulation within the alveoli of proteinaceous fluid rich in surfactant.

            (21) "Plaintiff" means a person asserting an asbestos or silica action, a decedent if the action is brought through or on behalf of an estate, and a parent or guardian if the action is brought through or on behalf of a minor or incompetent.

            (22) "Plethysmography or body (BOX) plethysmography" means the test for determining lung volume in which the exposed person is enclosed in a chamber equipped to measure pressure, flow, or volume change.

            (23) "Predicted lower limit of normal" means any test value is the calculated standard convention lying at the fifth percentile, below the upper ninety-five percent of the reference population, based on age, height and gender, according to the recommendations by the American Thoracic Society and as referenced in the applicable AMA Guides to the Evaluation of Permanent Impairment, primarily National Health and Nutrition Examination Survey (NHANES) predicted values, or as amended.

            (24) "Pulmonary function test" means spirometry, lung volume testing and diffusion capacity testing, including appropriate measurements, quality control data and graphs, performed in accordance with the methods of calibration and techniques provided in the applicable AMA Guides to the Evaluation of Permanent Impairment and all standards provided in the Official Statements of the American Thoracic Society in effect on the day pulmonary function testing of the exposed person was conducted.

            (25) "Qualified physician" means a board-certified internist, pathologist, pulmonary specialist or specialist in occupational and environmental medicine, as may be appropriate to the actual diagnostic specialty in question, that meets all of the following requirements:

            (A) The physician has conducted a physical examination of the exposed person and has taken or has directed to be taken under his or her supervision, direction and control, a detailed occupational, exposure, medical, smoking and social history from the exposed person, or the physician has reviewed the pathology material and has taken or has directed to be taken under his or her supervision, direction and control, a detailed history from the person most knowledgeable about the information forming the basis of the asbestos or silica action;

            (B) The physician has treated or is treating the exposed person, and has or had a doctor-patient relationship with the exposed person at the time of the physical examination or, in the case of a board-certified pathologist, examined tissue samples or pathological slides of the exposed person;

            (C) The physician prepared or directly supervised the preparation and final review of any medical report under this article; and

            (D) The physician has not relied on any examinations, tests, radiographs, reports or opinions of any doctor, clinic, laboratory or testing company that performed an examination, test, radiograph or screening of the exposed person in violation of any law, regulation, licensing requirement or medical code of practice of the state in which the examination, test or screening.

            (26) "Radiological evidence of asbestosis" means a quality 1 or 2 chest x-ray under the ILO system, showing bilateral small, irregular opacities (s, t, or u) occurring primarily in the lower lung zones graded by a certified B-reader as at least 1/0 on the ILO scale.

            (27) "Radiological evidence of diffuse bilateral pleural thickening" means a quality 1 or 2 chest x-ray under the ILO system, showing diffuse bilateral pleural thickening of at least b2 on the ILO scale and blunting of at least one costophrenic angle as classified by a certified B-reader.

            (28) "Radiological evidence of silicosis" means a quality 1 or 2 chest x-ray under the ILO system, showing bilateral predominantly nodular or rounded opacities (p, q or r) occurring in the lung fields graded by a certified B-reader as at least 1/0 on the ILO scale or A, B or C sized opacities representing complicated silicosis or acute silicosis with characteristic pulmonary edema, interstitial inflammation, and the accumulation within the alveoli of proteinaceous fluid rich in surfactant.

            (29) "Silica" means a respirable crystalline form of silicon dioxide, including quartz, cristobalite and tridymite.

            (30) "Silica action" means a claim for damages or other civil or equitable relief presented in a civil action arising out of, based on or related to the health effects of exposure to silica, including loss of consortium, wrongful death, mental or emotional injury, risk or fear of disease or other injury, costs of medical monitoring or surveillance and any other derivative claim made by or on behalf of a person exposed to silica or a representative, spouse, parent, child or other relative of that person. The term does not include a claim for compensatory benefits pursuant to workers' compensation law or, veterans' benefits, or claims brought by a person as a subrogee by virtue of the payment of benefits under a workers' compensation law. The term does not include any administrative claim or civil action related to coal workers’ pnuemoconiosis.

            (31) "Silicosis" means simple silicosis, acute silicosis, accelerated silicosis or chronic silicosis caused by the inhalation of respirable silica. "Silicosis" does not mean coal workers’ pnuemoconiosis.

            (32) "Spirometry" means a test of air capacity of the lung through a spirometer to measure the volume of air inspired and expired.

            (33) "Substantial occupational exposure to asbestos" means employment in an industry and occupation in which, for a substantial portion of a normal work year for that industry and occupation, the exposed person did any of the following:

            (A) Handled raw asbestos fibers;

            (B) Fabricated asbestos-containing products so that the person was exposed to asbestos in the fabrication process;

            (C) Altered, repaired, or otherwise worked with an asbestos-containing product in a manner that exposed the person on a regular basis to asbestos; or

            (D) Worked in close proximity to other workers engaged in any of the activities described in paragraph (A), (B) or (C) of this subdivision in a manner that exposed the person on a regular basis to asbestos.

            (34) "Substantial occupational exposure to silica" means employment in an industry and occupation in which, for a substantial portion of a normal work year for that industry and occupation, the exposed person did any of the following:

            (A) Handled silica;

            (B) Fabricated silica-containing products so that the person was exposed to silica in the fabrication process;

            (C) Altered, repaired, or otherwise worked with a silica-containing product in a manner that exposed the person on a regular basis to silica; or

            (D) Worked in close proximity to other workers engaged in any of the activities described in paragraph (A), (B) or (C) of this subdivision in a manner that exposed the person on a regular basis to silica.

            (35) (33) "Supporting test results" means copies of the following documents and images:

            (A) Pulmonary function tests, including printouts of the flow volume loops, volume time curves, DLCO graphs, lung volume tests and graphs, quality control data and other pertinent data for all trials and all other elements required to demonstrate compliance with the equipment, quality, interpretation and reporting standards set forth herein;

            (B) B-reading and B-reader reports;

            (C) Reports of x-ray examinations;

            (D) Diagnostic imaging of the chest;

            (E) Pathology reports; and

            (F) All other tests reviewed by the diagnosing physician or a qualified physician in reaching the physician's conclusions.

            (36) (3 4) "Timed gas dilution" means a method for measuring total lung capacity in which the subject breathes into a spirometer containing a known concentration of an inert and insoluble gas for a specific time, and the concentration of that inert and insoluble gas in the lung is compared to the concentration of that type of gas in the spirometer.

            (37) (35) "Total lung capacity" means the volume of gas contained in the lungs at the end of a maximal inspiration.

            (38) (36) "Veterans' benefits program" means a program for benefits in connection with military service administered by the Veterans' Administration under Title 38 of the United States Code.

            (39) (37) "Workers' compensation law" means a law relating to a program administered by the United States or a state to provide benefits, funded by a responsible employer or its insurance carrier, for occupational diseases or injuries or for disability or death caused by occupational diseases or injuries. The term includes the Longshore and Harbor Workers' Compensation Act, 33 U. S. C. §§901 et seq., and the Federal Employees' Compensation Act, Chapter 81 of Title 5 of the United States Code, but does not include the Federal Employers' Liability Act of April 22, 1908, 45 U. S. C. §§51 et seq.

§55-7F-4. Filing claims, establishment of a prima facie case, additional required information for new nonmalignant claims, individual actions to be filed.

            (a) A plaintiff in an asbestos or silica action alleging a nonmalignant condition shall file within ninety days of filing the complaint or other initial pleading a detailed narrative medical report and diagnosis, signed by a qualified physician and accompanied by supporting test results, constituting prima facie evidence that the exposed person meets the requirements of this article. The report shall not be prepared by a lawyer or person working for or on behalf of a lawyer or law firm.

            (b) A defendant in an asbestos or silica action shall be afforded a reasonable opportunity before trial to challenge the adequacy of the prima facie evidence that the exposed person meets the requirements of this article. An asbestos or silica action shall be dismissed without prejudice upon a finding that the exposed person has failed to make the prima facie showing required by this article.

            (c) A plaintiff in an asbestos or silica action filed on or after the effective date of this article shall also include an information form with the complaint for nonmalignant conditions containing all of the following with the:

            (1) The name, address, date of birth, social security number, marital status, occupation and employer of the exposed person and any person through which the exposed person alleges exposure;

            (2) The plaintiff's relationship to the exposed person or the person through which the exposure is alleged;

            (3) To the best of the plaintiff’s ability, the location and manner of each alleged exposure, including the specific location and manner of exposure for any person through which the exposed person alleges exposure, the beginning and ending dates of each alleged exposure, and the identity of the manufacturer of the specific asbestos or silica product for each exposure when this information is reasonably available;

            (4) The identity of the defendant or defendants against whom the plaintiff asserts a claim;

            (5) The specific asbestos-related or silica-related disease claimed to exist; and

            (6) Any supporting documentation relating to subdivisions (3), (4) and (5) of this subsection.

            (d) Asbestos and silica actions must be individually filed. No asbestos or silica action filed on or after the effective date of this article shall be permitted on behalf of a group or class of plaintiffs.

§55-7F-5. Elements of proof for asbestos actions alleging a nonmalignant asbestos-related condition.

            (a) No asbestos action related to an alleged nonmalignant asbestos-related condition may be brought or maintained in the absence of prima facie evidence that the exposed person has a physical impairment for which asbestos exposure was a substantial contributing factor. The plaintiff shall make a prima facie showing of claim for each defendant and include a detailed narrative medical report and diagnosis signed under oath by a qualified physician that includes all of the following:

            (1) Radiological or pathological evidence of asbestosis or radiological evidence of diffuse bilateral pleural thickening or a high-resolution computed tomography scan showing evidence of asbestosis or diffuse pleural thickening;

            (2) A detailed occupational and exposure history from the exposed person or, if that person is deceased, from the person most knowledgeable about the exposures that form the basis of the action, including identification of all of the exposed person's principal places of employment and exposures to airborne contaminants and whether each place of employment involved exposures to airborne contaminants, including asbestos fibers or other disease causing dusts or fumes, that may cause pulmonary impairment and the nature, duration, and level of any exposure;

            (3) A detailed medical, social and smoking history from the exposed person or, if that person is deceased, from the person most knowledgeable, including a thorough review of the past and present medical problems of the exposed person and their most probable cause;

            (4) Evidence verifying that at least fifteen years have elapsed between the exposed person's date of first exposure to asbestos and the date of diagnosis;

            (5) Evidence from a personal medical examination and pulmonary function testing of the exposed person or, if the exposed person is deceased, from the person's medical records, that the exposed person has or the deceased person had a permanent respiratory impairment rating of at least Class 2 as defined by and evaluated pursuant to the AMA's Guides to the Evaluation of Permanent Impairment or reported significant changes year to year in lung function for FVC, FEV1 or DLCO as defined by the American Thoracic Society's Interpretative Strategies for Lung Function Tests, 26 European Respiratory Journal 948-68, 961-62, Table 12 (2005) and as updated;

            (6) Evidence that asbestosis or diffuse bilateral pleural thickening, rather than chronic obstructive pulmonary disease, is a substantial factor to the exposed person's physical impairment, based on a determination the exposed person has:

            (A) Forced vital capacity below the predicted lower limit of normal and FEV1/FVC ratio (using actual values) at or above the predicted lower limit of normal;

            (B) Total lung capacity, by plethysmography or timed gas dilution, below the predicted lower limit of normal; or

            (C) A chest x-ray showing bilateral small, irregular opacities (s, t or u) graded by a certified B-reader as at least 2/1 on the ILO scale; and

            (7) The specific conclusion of the qualified physician signing the report that exposure to asbestos was a substantial contributing factor to the exposed person's physical impairment and not more probably the result of other causes. An opinion that the medical findings and impairment are consistent with or compatible with exposure to asbestos, or words to that effect, do not satisfy the requirements of this subdivision.

            (b) If the alleged nonmalignant asbestos-related condition is a result of an exposed person living with or having extended contact with another exposed person who, if the asbestos action had been filed by the other exposed person would have met the requirements of subdivision (2), subsection (a) of this section, and the exposed person alleges extended contact with the other exposed person during the relevant time period, the detailed narrative medical report and diagnosis shall include all of the information required by subsection (a) of this section, except that the exposure history required under subdivision (2), subsection (a) of this section shall describe the exposed person‛s history of exposure to the other exposed person.

§55-7F-6. Elements of proof for silica actions alleging silicosis.

            No silica action related to alleged silicosis may be brought or maintained in the absence of prima facie evidence that the exposed person has a physical impairment as a result of silicosis. The plaintiff shall make a prima facie showing of claim for each defendant and include a detailed narrative medical report and diagnosis signed under oath by a qualified physician that includes all of the following:

            (1) Radiological or pathological evidence of silicosis or a high-resolution computed tomography scan showing evidence of silicosis;

            (2) A detailed occupational and exposure history from the exposed person or, if that person is deceased, from the person most knowledgeable about the exposures that form the basis of the action, including identification of all principal places of employment and exposures to airborne contaminants and whether each place of employment involved exposures to airborne contaminants, including silica or other disease causing dusts or fumes, that may cause pulmonary impairment and the nature, duration and level of any exposure;

            (3) A detailed medical, social and smoking history from the exposed person or, if that person is deceased, from the person most knowledgeable, including a thorough review of the past and present medical problems and their most probable cause;

            (4) Evidence that a sufficient latency period has elapsed between the exposed person's date of first exposure to silica and the day of diagnosis;

            (5) Evidence based upon a personal medical examination and pulmonary function testing of the exposed person or, if the exposed person is deceased, based upon the person's medical records, demonstrating that the exposed person has or the deceased person had a permanent respiratory impairment rating of at least Class 2 as defined by and evaluated pursuant to the AMA's Guides to the Evaluation of Permanent Impairment or reported significant changes year to year in lung function for FVC, FEV1 or DLCO as defined by the American Thoracic Society's Interpretative Strategies for Lung Function Tests, 26 European Respiratory Journal 948-68, 961-62, Table 12 (2005) and as updated; and

            (6) The specific conclusion of the qualified physician signing the report that exposure to silica was a substantial contributing factor to the exposed person's physical impairment and not more probably the result of other causes. An opinion stating that the medical findings and impairment are consistent with or compatible with exposure to silica, or words to that effect, do not satisfy the requirements of this subdivision.

§55-7F-7. Evidence of physical impairment.

            Evidence relating to physical impairment, including pulmonary function testing and diffusing studies, offered in any action governed by this article or article seven-e of this chapter, shall:

            (1) Comply with the quality controls, equipment requirements, methods of calibration and techniques set forth in the AMA's Guides to the Evaluation of Permanent Impairment and all standards set forth in the Official Statements of the American Thoracic Society which are in effect on the date of any examination or pulmonary function testing of the exposed person required by this article;

            (2) Not be obtained and may not be based on testing or examinations that violate any law, regulation, licensing requirement, or medical code of practice of the state in which the examination, test, or screening was conducted, or of this state; and

            (3) Not be obtained under the condition that the plaintiff or exposed person retains the legal services of the attorney or law firm sponsoring the examination, test or screening.

§55-7F-8. Procedures.

            (a) Evidence relating to the prima facie showings required under this article shall not create any presumption that the exposed person has an asbestos-related or silica-related injury or impairment and shall not be conclusive as to the liability of any defendant.

            (b) No evidence shall be offered at trial, and the jury shall not be informed of:

            (1) The grant or denial of a motion to dismiss an asbestos or silica action under the provisions of this article; or

            (2) The provisions of this article with respect to what constitutes a prima facie showing of asbestos or silica-related impairment.

            (c) Until a court enters an order determining that the exposed person has established prima facie evidence of impairment, no asbestos or silica action shall be subject to discovery, except discovery related to establishing or challenging the prima facie evidence or by order of the trial court upon motion of one of the parties and for good cause shown.

            (d) Consolidation of cases. --

            (1) A court may consolidate for trial any number and type of nonmalignant asbestos or silica actions with the consent of all the parties. In the absence of such consent, the court may consolidate for trial only asbestos or silica actions relating to the exposed person and members of that person's household.

            (2) No class action or any other form of mass aggregation relating to more than one exposed person and members of that person's household shall be permitted.

            (3) The provisions of this subsection do not preclude consolidation of cases by court order for pretrial or discovery purposes.

§55-7F-9. Statute of limitations; two-disease rule.

            (a) With respect to an asbestos or silica action not barred by limitations as of this article's effective date, an exposed person's cause of action shall not accrue, nor shall the running of limitations commence, prior to the earlier of the date:

            (1) The exposed person received a medical diagnosis of an asbestos-related impairment or silica-related impairment;

            (2) The exposed person discovered facts that would have led a reasonable person to obtain a medical diagnosis with respect to the existence of an asbestos-related impairment or silica-related impairment; or

            (3) The date of death of the exposed person having an asbestos-related or silica-related impairment.

            (b) Nothing in this section shall be construed to revive or extend limitations with respect to any claim for asbestos-related impairment or silica-related impairment that was otherwise time-barred on the effective date of this article.

            (c) Nothing in this section shall be construed so as to adversely affect, impair, limit, modify, or nullify any settlement or other agreements with respect to an asbestos or silica action entered into prior to the effective date of this article.

            (d) An asbestos or silica action arising out of a nonmalignant condition shall be a distinct cause of action from an action for an asbestos-related or silica-related cancer. Where otherwise permitted under state law, no damages shall be awarded for fear or increased risk of future disease in an asbestos or silica action.

§55-7F-10. Application.

            This article shall apply to all asbestos actions and silica actions filed on or after the effective date of this article.

            On motion of Senator Carmichael, the Senate concurred in the House of Delegates amendment to the bill.

            Engrossed Committee Substitute for Senate Bill No. 411, 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, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (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. 411) 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. 249, Prohibiting straight party voting.

            On motion of Senator Carmichael, the message on the bill was taken up for immediate consideration.

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

            By striking out everything after the enacting section and inserting in lieu thereof the following:

            That §3-4A-9, §3-4A-11a and §3-4A-27 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §3-6-2, §3-6-3, §3-6-5 and §3-6-6 of said code be amended and reenacted, all to read as follows:

ARTICLE 4A. ELECTRONIC VOTING SYSTEMS.

§3-4A-9. Minimum requirements of electronic voting systems.

            An electronic voting system of particular make and design may not be approved by the State Election Commission or be purchased, leased or used by any county commission unless it meets the following requirements:

            (1) It secures or ensures the voter absolute secrecy in the act of voting or, at the voter's election, provides for open voting;

            (2) It is constructed to ensure that, except in instances of open voting as provided in this section, the contents of a marked ballot may not be seen or known by anyone other than the voter who has voted or is voting;

            (3) It permits each voter to vote at any election for all persons and offices for whom and which he or she is lawfully entitled to vote, whether or not the name of any person appears on a ballot as a candidate; and it permits each voter to vote for as many persons for an office as he or she is lawfully entitled to vote for; and to vote for or against any question upon which he or she is lawfully entitled to vote. The automatic tabulating equipment used in electronic voting systems is to reject choices recorded on any ballot if the number of choices exceeds the number to which a voter is entitled;

            (4) It permits each voter to write in the names of persons for whom he or she desires to vote whose names do not appear upon the ballots;

            (5) It permits each voter to change his or her vote for any candidate and upon any question appearing upon the ballots or ballot labels up to the time when his or her ballot is deposited in the ballot box or his or her ballot is cast by electronic means;

            (6) It contains programming media containing sequentially numbered program instructions and coded or otherwise protected from tampering or substitution of the media or program instructions by unauthorized persons and capable of tabulating all votes cast in each election;

            (7) It contains two standard validation test decks approved as to form and testing capabilities by the State Election Commission;

            (8) It correctly records and counts accurately all votes cast for each candidate and for and against each question appearing upon the ballots;

            (9) It permits each voter at any election, other than a primary election, to vote a straight party ticket, as provided in section five, article six of this chapter by one mark or punch;

            (10) (9) It permits a voter in a primary election to: (A) Vote only for the candidates of the party for which the voter is legally permitted to vote; (B) vote for the candidates, if any, for nonpartisan nominations or election; and (C) vote on public questions; and precludes the voter from voting for any candidate seeking nomination by any other political party unless that political party has determined that the voter may participate in its primary election;

            (11) (10) It, where applicable, is provided with means for sealing or electronically securing the vote recording device to prevent its use and to prevent tampering with the device, both before the polls are open or before the operation of the vote recording device for an election is begun and immediately after the polls are closed or after the operation of the vote recording device for an election is completed;

            (12) (11) It has the capacity to contain the names of candidates constituting the tickets of at least nine political parties and accommodates the wording of at least fifteen questions;

            (13) (12) (A) Direct recording electronic voting machines must generate a paper copy of each voter’s vote that will be automatically kept within a storage container that is locked, closely attached to the direct recording electronic voting machine and inaccessible to all but authorized voting officials, who will handle such storage containers and such paper copies contained therein in accordance with section nineteen of this article.

            (B) The paper copy of the voter’s vote shall be generated at the time the voter is at the voting station using the direct recording electronic voting machine.

            (C) The voter may examine the paper copy visually or through headphone readout, and may accept or reject the printed copy.

            (D) The voter may not touch, handle or manipulate the printed copy manually in any way.

            (E) Once the printed copy of the voter’s votes is accepted by the voter as correctly reflecting the voter’s intent, but not before, it will automatically be stored for recounts or random checks and the electronic vote will be cast within the computer mechanism of the direct recording electronic voting machine.

            (F) Direct recording electronic voting machines with a mandatory paper copy shall be approved by the Secretary of State. The Secretary of State may promulgate rules and emergency rules to implement or enforce this subsection pursuant to the provisions of section five, article three, chapter twenty-nine-a of this code.

            (14) (13) Where vote recording devices are used, they shall:

            (A) Be durably constructed of material of good quality and in a workmanlike manner and in a form which makes it safely transportable;

            (B) Bear a number that will identify it or distinguish it from any other machine;

            (C) Be constructed to ensure that a voter may easily learn the method of operating it and may expeditiously cast his or her vote for all candidates of his or her choice and upon any public question; and

            (D) Be accompanied by a mechanically or electronically operated instruction model which shows the arrangement of the ballot, party columns or rows and questions;

            (15) (14) For electronic voting systems that utilize a screen upon which votes may be recorded by means of a stylus or by means of touch, they shall:

            (A) Be constructed to provide for the direct electronic recording and tabulating of votes cast in a system specifically designed and engineered for the election application;

            (B) Be constructed to prevent any voter from voting for more than the allowable number of candidates for any office, to include an audible or visual signal, or both, warning any voter who attempts to vote for more than the allowable number of candidates for any office or who attempts to cast his or her ballot prior to its completion and are constructed to include a visual or audible confirmation, or both, to the voter upon completion and casting of the ballot;

            (C) Be constructed to present the entire ballot to the voter, in a series of sequential pages, and to ensure that the voter sees all of the ballot options on all pages before completing his or her vote and to allow the voter to review and change all ballot choices prior to completing and casting his or her ballot;

            (D) Be constructed to allow election commissioners to spoil a ballot where a voter fails to properly cast his or her ballot, has departed the polling place and cannot be recalled by a poll clerk to complete his or her ballot;

            (E) Be constructed to allow election commissioners, poll clerks or both to designate, mark or otherwise record provisional ballots;

            (F) Consist of devices which are independent, nonnetworked voting systems in which each vote is recorded and retained within each device's internal nonvolatile electronic memory and contain an internal security, the absence of which prevents substitution of any other device;

            (G) Store each vote in no fewer than three separate, independent, nonvolatile electronic memory components and that each device contains comprehensive diagnostics to ensure that failures do not go undetected;

            (H) Contain a unique, embedded internal serial number for auditing purposes for each device used to activate, retain and record votes;

            (I) Be constructed to record all preelection, election and post-election activities, including all ballot images and system anomalies, in each device's internal electronic memory and are to be accessible in electronic or printed form;

            (J) Be constructed with a battery backup system in each device to, at a minimum, prevent the loss of any votes, as well as all preelection, election and post-election activities, including all ballot images and system anomalies, stored in the device's internal electronic memory and to allow voting to continue for two hours of uninterrupted operation in case of an electrical power failure; and

            (K) Be constructed to prevent the loss of any votes, as well as all preelection, election and post-election activities, including all ballot images and system anomalies, stored in each device's internal electronic memory even in case of an electrical and battery power failure.

§3-4A-11a. Ballots tabulated electronically; arrangement, quantity to be printed, ballot stub numbers.

            (a) The board of ballot commissioners in counties using ballots upon which votes may be recorded by means of marking with electronically sensible ink or pencil and which marks are tabulated electronically shall cause the ballots to be printed or displayed upon the screens of the electronic voting system for use in elections.

            (b) (1) For the primary election, the heading of the ballot, the type faces, the names and arrangement of offices and the printing of names and arrangement of candidates within each office are to conform as nearly as possible to sections thirteen and thirteen-a, article five of this chapter.

            (2) For the general election, the heading of the ballot, the straight ticket positions, the instructions to straight ticket voters, the type faces, the names and arrangement of offices and the printing of names and the arrangement of candidates within each office are to conform as nearly as possible to section two, article six of this chapter, except as otherwise provided in this article.

            (3) Effective with the primary election held in 2016, and thereafter, the following nonpartisan elections are to be separated from the partisan ballot and separately headed in display type with a title clearly identifying the purpose of the election and constituting a separate ballot wherever a separate ballot is required under this chapter:

            (A) Nonpartisan elections for judicial offices, by division, of:

(i) Justice of the Supreme Court of Appeals;

            (ii) Judge of the circuit court;

            (iii) Family court judge; and

(iv) Magistrate;

            (B) Nonpartisan elections for Board of Education; and

            (C) Any question to be voted upon;

            (4) Both the face and the reverse side of the ballot may contain the names of candidates only if means to ensure the secrecy of the ballot are provided and lines for the signatures of the poll clerks on the ballot are printed on a portion of the ballot which is deposited in the ballot box and upon which marks do not interfere with the proper tabulation of the votes.

            (5) The arrangement of candidates within each office is to be determined in the same manner as for other electronic voting systems, as prescribed in this chapter. On the general election ballot for all offices, and on the primary election ballot only for those offices to be filled by election, except delegate to national convention, lines for entering write-in votes are to be provided below the names of candidates for each office, and the number of lines provided for any office shall equal the number of persons to be elected, or three, whichever is fewer. The words "WRITE-IN, IF ANY" are to be printed, where applicable, directly under each line for write-ins. The lines are to be opposite a position to mark the vote.

            (c) Except for electronic voting systems that utilize screens upon which votes may be recorded by means of a stylus or by means of touch, the primary election ballots are to be printed in the color of ink specified by the Secretary of State for the various political parties, and the general election ballot is to be printed in black ink. For electronic voting systems that utilize screens upon which votes may be recorded by means of a stylus or by means of touch, the primary ballots and the general election ballot are to be printed in black ink. All ballots are to be printed, where applicable, on white paper suitable for automatic tabulation and are to contain a perforated stub at the top or bottom of the ballot, which is to be numbered sequentially in the same manner as provided in section thirteen, article five of this chapter, or are to be displayed on the screens of the electronic voting system upon which votes are recorded by means of a stylus or touch. The number of ballots printed and the packaging of ballots for the precincts are to conform to the requirements for paper ballots provided in this chapter.

            (d) In addition to the official ballots, the ballot commissioners shall provide all other materials and equipment necessary to the proper conduct of the election.

§3-4A-27. Proceedings at the central counting center.

            (a) All proceedings at the central counting center are to be under the supervision of the clerk of the county commission and are to be conducted under circumstances which allow observation from a designated area by all persons entitled to be present. The proceedings shall take place in a room of sufficient size and satisfactory arrangement to permit observation. Those persons entitled to be present include all candidates whose names appear on the ballots being counted or, if a candidate is absent, a representative of the candidate who presents a written authorization signed by the candidate for the purpose and two representatives of each political party on the ballot who are chosen by the county executive committee chairperson. A reasonable number of the general public is also freely admitted to the room. In the event all members of the general public desiring admission to the room cannot be admitted at one time, the county commission shall provide for a periodic and convenient rotation of admission to the room for observation, to the end that each member of the general public desiring admission, during the proceedings at the central counting center, is to be granted admission for reasonable periods of time for observation: Provided, That no person except those authorized for the purpose may touch any ballot or other official records and papers utilized in the election during observation.

            (b) All persons who are engaged in processing and counting the ballots are to work in teams consisting of two persons of opposite political parties, and are to be deputized in writing and take an oath that they will faithfully perform their assigned duties. These deputies are to be issued an official badge or identification card which is assigned an identity control number and the deputies are to prominently wear on his or her outer garments the issued badge or identification card. Upon completion of the deputies' duties, the badges or identification cards are to be returned to the county clerk.

            (c) Ballots are to be handled and tabulated and the write-in votes tallied according to procedures established by the Secretary of State, subject to the following requirements:

            (1) In systems using ballots marked with electronically sensible ink, ballots are to be removed from the ballot boxes and stacked for the tabulator which separates ballots containing marks for a write-in position. Immediately after tabulation, the valid write-in votes are to be tallied. No write-in vote may be counted for an office unless the voter has entered the name of an official write-in candidate for that office on the line provided, either by writing, affixing a sticker or placing an ink-stamped impression thereon;

            (2) In systems using ballots in which votes are recorded upon screens with a stylus or by means of touch, the ballots are to be tabulated according to the processes of the system. Systems using ballots in which votes are recorded upon screens with a stylus or by means of touch are to tally write-in ballots simultaneously with the other ballots;

            (3) When more than one person is to be elected to an office and the voter desires to cast write-in votes for more than one official write-in candidate for that office, the voter shall mark the location appropriate for the voting system, in the write-in location for that office. When there are multiple write-in votes for the same office and the combination of choices for candidates on the ballot and write-in choices for the same office exceed the number of candidates to be elected, the ballot is to be duplicated or hand counted, with all votes for that office rejected;

            (4) Write-in votes for nomination for any office and write-in votes for any person other than an official write-in candidate are to be disregarded; and

            (5) When a voter casts a straight ticket vote and also marks the location for a write-in vote for an office, the straight ticket vote for that office is to be rejected, whether or not a vote can be counted for a write-in candidate; and

            (6) (5) Official write-in candidates are those who have filed a write-in candidate's certificate of announcement and have been certified according to the provisions of section four-a, article six of this chapter.

            (d) If any ballot is damaged or defective so that it cannot properly be counted by the automatic tabulating equipment, a true duplicate copy is to be made of the damaged ballot in the presence of representatives of each political party on the ballot and substituted for the damaged ballot. All duplicate ballots are to be clearly labeled “duplicate” and are to bear a serial number which is recorded on the damaged or defective ballot and on the replacement ballot.

            (e) The returns printed by the automatic tabulating equipment at the central counting center, to which have been added write-in and other valid votes, are, when certified by the clerk of the county commission, to constitute the unofficial preliminary returns of the county. Upon completion of the count, the returns are to be open to the public by posting a summary of the returns as have been tabulated at the central counting center. Upon completion of the canvass, the returns are to be posted as tabulated precinct by precinct.

            (f) If for any reason it becomes impracticable to count all or a part of the ballots with tabulating equipment, the county commission may direct that they be counted manually, following as far as practicable the provisions governing the counting of paper ballots.

            (g) As soon as possible after the completion of the count, the clerk of the county commission shall have the vote recording devices properly boxed or securely covered and removed to a proper and secure place of storage.

ARTICLE 6. CONDUCT AND ADMINISTRATION OF ELECTIONS.

§3-6-2. Preparation and form of general election ballots.

            (a) All ballots prepared under the provisions of this section are to contain:

            (1) The name and ticket of each party which is a political party under the provisions of section eight, article one of this chapter;

            (2) The name chosen as the party name by each group of citizens which has secured nomination for two or more candidates by petition under the provisions of section twenty-three, of this article five of this chapter; and

            (3) The names of every candidate for any office to be voted for at the election whose nomination in the primary election, nomination by petition or nomination by appointment to fill a vacancy on the ballot has been certified and filed according to law and no others.

            (b) The provisions of paragraphs (C) and (D), subdivision (2), section thirteen, article five of this chapter; subdivision (3) of said section; paragraphs (A) and (B), subdivision (4) of said section; and subdivisions (6), (7), (8) and (9) of said section pertaining to the preparation and form of primary election ballots shall likewise apply to general election ballots.

            (c) (1) For all ballot systems, the ballot heading is to be in display type and contain the words “Official Ballot, General Election” and the name of the county and the month, day and year of the election.

            (2) After the heading, each ballot is to contain, laid out in parallel columns, rows or pages as required by the particular voting system, the party emblem the position for straight party voting for each party and the name of each party as prescribed in subsection (a) of this section. On paper ballots, the position for straight party voting is to be a heavy circle, three-fourths inch in diameter, surrounded by the words "For a straight ticket mark within this circle" printed in bold six-point type. On all other ballots or ballot labels, the positions for straight party voting is to be marked "Straight Party Ticket".

            (3) The party whose candidate for president received the highest number of votes at the last preceding presidential election is to be placed in the left, or first column, row or page, as is appropriate to the voting system. The party which received the second highest vote is to be next and so on. Any groups or third parties which did not have a candidate for president on the ballot in the previous presidential election are to be placed in the sequence in which the final certificates of nomination by petition were filed.

            (4) (A) The following general instructions for straight party voters are to be printed in no smaller than eight point bold type: "IF YOU MARKED A STRAIGHT TICKET: When you mark any individual candidate in a different party, that vote will override your straight party vote for that office. When you mark any individual candidate in a different party for an office where more than one will be elected, YOU MUST MARK EACH OF YOUR CHOICES FOR THAT OFFICE because your straight ticket vote will not be counted for that office". The last sentence of the instructions may not be included on any ballot which does not contain any office or division where more than one candidate will be elected.

            On paper ballots, the general instructions are to be placed below the party name and across the top of all columns, followed by a heavy line separating them from the rest of the ballot: Provided, That the instructions may be centered among the columns running the full width of the ballot. On ballots marked with electronically sensible ink, the general instructions are to be placed after the position for straight voting and before any office.

            (B) The following specific instructions are to be printed on the ballot for any partisan election for an office or division to which more than one candidate is to be elected: "If you marked a straight ticket and you mark any candidate in a different party for this office, you must mark all your choices for this office because your straight ticket vote will not be counted for this office".

            On paper ballots, the specific instructions are to be placed below the office name of any partisan office where more than one is to be elected and across the top of all columns for that office or centered among the columns before the names of any candidates. On all other ballots and ballot labels, the specific instructions are to be placed above or to the side of the names of the candidates as the voting system requires.

            (5) (4) For all ballots, any columns, rows or sections in which the ticket of one party appears are to be clearly separated from the other columns, rows or sections by a heavy line or other clear division. For each party, the offices are to be arranged in the order prescribed in section thirteen-a, article five of this chapter under the appropriate tickets, which are to be headed “National Ticket”, “State Ticket” and “County Ticket”. The number of pages, columns or rows, where applicable, may be modified to meet the limitations of ballot size and composition requirements, subject to approval by the Secretary of State.

            (d) The arrangement of names within each office for all ballot systems is to be as follows:

            (1) In elections for presidential electors, the names of the candidates for president and vice president of each party are to be placed beside a brace with a single voting position, so that a vote for any presidential candidate is a vote for the electors of the party for which the candidates were named.

            (2) The order of names of candidates for any office or division for which more than one is to be elected is determined as prescribed in section thirteen-a, article five of this chapter: Provided, That the drawing by lot is to be conducted on the seventieth day next preceding the date of the general election, beginning at 9:00 a.m.

            (3) In any office where more than one person is to be elected, the names of the candidates for the office are to be staggered so that no two candidates for that office appear directly opposite any other candidate, as shown in the example below: Provided, That if the voting system cannot accurately tabulate any ballot due to this requirement, the ballot may be adjusted so that it is accurately tabulated. However, each candidate shall be separated by a thin line to distinguish between each candidate.

________________________________________________________________________________

For House of Delegates                                              For House of Delegates

First Delegate District                                                First Delegate District

(Vote For Not More Than Two)                                (Vote For Not More Than Two)

SUSAN B. ANTHONY 

City (County) 

                                                                                    JOHN ADAMS

                                                                                    City (County)

ABRAHAM LINCOLN

City (County)

 

                                                                                    JAMES MONROE

                                                                                    City (County)

_____________________________________________________________________________

 

            (4) Each voting system is to provide a means for voters to vote for any person whose name does not appear on the ticket by writing it with pen or pencil or by using stamps, stickers, tapes, labels or other means of writing in the name of a candidate which does not interfere with the tabulation of the ballot.

            (A) In paper ballot systems which allow for write-ins to be made directly on the ballot, a blank square and a blank line equal to the space which would be occupied by the name of the candidate is to be placed under the proper office for each vacancy in nomination and for an office for which more than one is to be elected, any vacancy is to appear after any other candidates for the office. If no write-in lines are included on the ballot, specific instructions are to be added to the top of the ballot notifying the voter that a write-in vote may be cast by writing the name and office on any location on the front of the ballot.

            (B) In machine and electronically tabulated ballot systems in which write-in votes must be made in a place other than on the ballot, if there is a vacancy in nomination leaving fewer candidates in any party than can be elected to that office, the words “No Candidate Nominated” is are to be printed in the space that would be occupied by the name of the candidate and for an office for which more than one is to be elected, any vacancy is to appear after any other candidates for the office. Notwithstanding any other provision of this code, if there are multiple vacant positions on a ballot for one office, the multiple vacant positions which would otherwise be filled with the words “No Candidate Filed” may be replaced with a brief detailed description, approved by the Secretary of State, indicating that there are no candidates listed for the vacant positions.

            (5) In a general election in any county in which unexpired terms of the board of education are to be filled by election, a separate section or page of the ballot is to be set off by means clearly separating the nonpartisan ballot from the ballot for the political party candidates and is to be headed “Nonpartisan Board of Education”.

            (e) Any constitutional amendment is to be placed following all offices, followed by any other issue upon which the voters are to cast a vote. The heading for each amendment or issue is to be printed in large, bold type according to the requirements of the resolution authorizing the election.

            (f) The board of ballot commissioners may not place any issue on the ballot for election which is not specifically authorized under the West Virginia Constitution or statutes or which has not been properly ordered by the appropriate governmental body charged with calling the election.

            (g) A ballot may not offer a voter the option of voting a straight party ticket by one mark or punch.

§3-6-3. Publication of sample ballots and lists of candidates.

            (a) The ballot commissioners of each county shall prepare a sample official general election ballot for all political party or independent nominees with no party affiliation unless those persons have actually been nominated by an independent party, nonpartisan candidates for election, if any, and all ballot issues to be voted for at the general election, according to the provisions of this article and articles four and four-a of this chapter, as appropriate to the voting system, and for any ballot issue, according to the provisions of law authorizing the election.

            (b) The facsimile sample general election ballot shall be published as follows:

            (1) For counties in which two or more qualified newspapers publish a daily newspaper, not more than twenty-six nor less than twenty days preceding the general election, the ballot commissioners shall publish the sample official general election ballot as a Class I-0 legal advertisement in the two qualified daily newspapers of different political parties within the county having the largest circulation in compliance with the provisions of article three, chapter fifty-nine of this code;

            (2) For counties having no more than one daily newspaper, or having only one or more qualified newspapers which publish weekly, not more than twenty-six nor less than twenty days preceding the primary election, the ballot commissioners shall publish the sample official general election ballot as a Class I legal advertisement in the qualified newspaper within the county having the largest circulation in compliance with the provisions of article three, chapter fifty-nine of this code; and

            (3) Each facsimile sample ballot shall be a photographic reproduction of the official sample ballot or ballot pages and shall be printed in a size no less than sixty-five percent of the actual size of the ballot, at the discretion of the ballot commissioners: Provided, That when the ballots for the precincts within the county contain different senatorial, delegate, magisterial or executive committee districts or when the ballots for precincts within a city contain different municipal wards, the facsimile shall be altered to include each of the various districts in the appropriate order. If, in order to accommodate the size of each ballot, the ballot or ballot pages must be divided onto more than one page, the arrangement and order shall be made to conform as nearly as possible to the arrangement of the ballot. The publisher of the newspaper shall submit a proof of the ballot and the arrangement to the ballot commissioners for approval prior to publication.

            (c) The ballot commissioners of each county shall prepare, in the form and manner prescribed by the Secretary of State, an official list of offices and nominees for each office which will appear on the general election ballot for each political party or as independent nominees with no party affiliation unless those persons have actually been nominated by an independent party and, as the case may be, for the nonpartisan candidates to be voted for at the general election:

            (1) All information which appears on the ballot, including the names of parties for which a straight ticket may be cast, instructions relating to straight ticket voting, instructions as to the number of candidates for whom votes may be cast for the office, any additional language which will appear on the ballot below the name of the office, any identifying information relating to the candidates, such as his or her residence and magisterial district or presidential preference. Following the names of all candidates, the list shall include the full title, text and voting positions of any issue to appear on the ballot.

            (2) The order of the straight ticket positions, offices and candidates for each office and the manner of designating the parties shall be as follows:

            (A) The straight ticket positions shall be designated "straight (party name) ticket", with the parties listed in the order in which they appear on the ballot, from left to right or from top to bottom, as the case may be;

            (B) (A) The offices shall be listed in the same order in which they appear on the ballot;

            (C) (B) The candidates within each office for which one is to be elected shall be listed in the order they appear on the ballot, from left to right or from top to bottom, as the case may be, and the candidate's political party affiliation or independent status shall be indicated by the one- or two-letter initial specifying the affiliation, placed in parenthesis to the right of the candidate's name; and

            (D) (C) The candidates within each office for which more than one is to be elected shall be arranged by political party groups in the order they appear on the ballot and the candidate's affiliation shall be indicated as provided in paragraph (C) (B) of this subdivision.

            (d) The official list of candidates and issues as provided in subsection (c) of this section shall be published as follows:

            (1) For counties in which two or more qualified newspapers publish a daily newspaper, on the last day on which a newspaper is published immediately preceding the general election, the ballot commissioners shall publish the official list of nominees and issues as a Class I-0 legal advertisement in the two qualified daily newspapers of different political parties within the county having the largest circulation in compliance with the provisions of article three, chapter fifty-nine of this code;

            (2) For counties having no more than one daily paper, or having only one or more qualified newspapers which publish weekly, on the last day on which a newspaper is published immediately preceding the general election, the ballot commissioners shall publish the sample official list of nominees and issues as a Class I legal advertisement in the qualified newspaper within the county having the largest circulation in compliance with the provisions of article three, chapter fifty-nine of this code;

            (3) The publication of the official list of nominees for each party and for nonpartisan candidates shall be in single or double columns, as required to accommodate the type size requirements as follows:

            (A) The words “official list of nominees and issues”, the name of the county, the words “General Election” and the date of the election shall be printed in all capital letters and in bold type no smaller than fourteen point;

            (B) The designation of the straight ticket party positions shall be printed in all capital letters in bold type no smaller than twelve point and the title of the office shall be printed in bold type no smaller than twelve point and any voting instructions or other language printed below the title shall be printed in bold type no smaller than ten point; and

            (C) (B) The names of the candidates and the initial within parenthesis designating the candidate's affiliation shall be printed in all capital letters in bold type no smaller than ten point and the residence information shall be printed in type no smaller than ten point; and

            (4) When any ballot issue is to appear on the ballot, the title of that ballot shall be printed in all capital letters in bold type no smaller than twelve point. The text of the ballot issue shall appear in no smaller than eight point type. The ballot commissioners may require the publication of the ballot issue under this subsection in the facsimile sample ballot format in lieu of the alternate format.

            (e) Notwithstanding the provisions of subsections (c) and (d) of this section, beginning with the general election to be held in the year two thousand, the ballot commissioners of any county may choose to publish a facsimile sample general election ballot, instead of the official list of candidates and issues, for purposes of the last publication required before any general election.

§3-6-5. Rules and procedures in election other than primaries.

            The provisions of article one of this chapter relating to elections generally shall govern and control arrangements and election officials for the conduct of elections under this article. The following rules and procedures shall govern the voting for candidates in general and special elections:

            (a) If the voter desires to vote a straight ticket or in other words, for each and every candidate for one party for whatever office nominated, for an official write-in candidate, the voter shall either:

            (1) Mark the position designated for a straight ticket in the manner appropriate to the voting system; or

            (2) Mark the voting position for each and every candidate of the chosen party in the manner appropriate to the voting system.

            (b) If the voter desires to vote a mixed ticket, or in other words, for candidates of different parties, the voter shall either:

            (1) Omit marking any straight ticket voting position and mark, in the manner appropriate to the voting system, the name of each candidate for whom he or she desires to vote on whatever ticket the name may be; or

            (2) Mark the position designated for a straight ticket for the party for some of whose candidates he or she desires to vote and then mark the name of any candidate of any other party for whom he or she may desire to vote, in which case the cross mark in the circular space above the name of the party straight ticket mark will cast his or her vote for every candidate on the ticket of the party except for offices for which candidates are marked on other party tickets and the marks for the candidates will cast a vote for them; or

            (3) Write write with ink or other means or affix a sticker or label or place an ink-stamped impression of the name of an official write-in candidate for an office for whom he or she desires to vote in the space designated for write-in votes for the particular voting system or for paper ballot systems, write or place the name and office designation in any position on the face of the ballot which makes the intention of the voter clear as to both the office and the candidate chosen.

            (c) If in marking either a straight or mixed ticket as above defined, a straight ticket voting position is marked, and also one or more marks are made for candidates on the same ticket for offices for which candidates on other party tickets are not individually marked, the marks before the name of candidate on the ticket so marked shall be treated as surplusage and ignored.

            (d) When a voter casts a straight ticket vote and also writes in any name for an office, the straight ticket vote for that office shall be rejected, whether or not a vote can be counted for a write-in candidate.

            (e) The Secretary of State may proscribe devices for casting write-in votes which would cause mechanical difficulty with voting machines or electronic devices or which would obliterate or deface a paper ballot or any portion thereof, but the Secretary of State shall preserve the right to vote by a write-in vote for those candidates who have filed and have been certified as official write-in candidates under the provisions of section four-a of this article.

            (f) (b) If the voter marks more names than there are persons to be elected to an office or if, for any reason, it is impossible to determine the voter's choice for an office to be filled, the ballot shall not be counted for the office. The intention of the voter shall be deemed to be clear if the write-in vote cast for an office contains both the first and last name of an official write-in candidate for that office; and if no two official write-in candidates for that office share a first or last name, either the first name or last name alone shall be deemed to express the clear intention of the voter.

            (g) (c) Except as otherwise specifically provided in this chapter, no ballot shall be rejected for any technical error which does not make it impossible to determine the voter's choice.

§3-6-6. Ballot counting procedures in paper ballot systems.

            When the polls are closed in an election precinct where only a single election board has served, the receiving board shall perform all of the duties prescribed in this section. When the polls are closed in an election precinct where two election boards have served, both the receiving and counting boards shall together conclude the counting of the votes cast, the tabulating and summarizing of the number of the votes cast, unite in certifying and attesting to the returns of the election and join in making out the certificates of the result of the election provided for in this article. They shall may not adjourn until the work is completed.

            In all election precincts, as soon as the polls are closed and the last voter has voted, the receiving board shall proceed to ascertain the result of the election in the following manner:

            (a) In counties in which the clerk of the county commission has determined that the absentee ballots should be counted at the precincts in which the absent voters are registered, the receiving board must first process the absentee ballots and deposit the ballots to be counted in the ballot box. The receiving board shall then proceed as provided in subsections (b) and (c) of this section. In counties in which the absentee ballots are counted at the central counting center, the receiving board shall proceed as provided in subsections (b) and (c) of this section.

            (b) The receiving board shall ascertain from the pollbooks and record on the proper form the total number of voters who have voted. The number of ballots challenged shall be counted and subtracted from the total and the result should equal the number of ballots deposited in the ballot box. The commissioners and clerks shall also report, over their signatures, the number of ballots spoiled and the number of ballots not voted.

            (c) The procedure for counting ballots, whether performed throughout the day by the counting board as provided in section thirty-three, article one of this chapter or after the close of the polls by the receiving board or by the two boards together, shall be as follows:

            (1) The ballot box shall be opened and all votes shall be tallied in the presence of the entire election board;

            (2) One of the commissioners shall take one ballot from the box at a time and shall determine if the ballot is properly signed by the two poll clerks of the receiving board. If not properly signed, the ballot shall be placed in an envelope for the purpose, without unfolding it. Any ballot which does not contain the proper signatures shall be challenged. If an accurate accounting is made for all ballots in the precinct in which the ballot was voted and no other challenge exists against the voter, the ballot shall be counted at the canvas. If properly signed, the commissioner shall hand the ballot to a team of commissioners of opposite politics, who shall together read the votes marked on the ballot for each office. Write-in votes for election for any person other than an official write-in candidate shall be disregarded. When a voter casts a straight ticket vote and also casts a write-in vote for an office, the straight ticket vote for that office shall be rejected whether or not a vote can be counted for a write-in candidate;

            (3) The commissioner responsible for removing the ballots from the box shall keep a tally of the number of ballots as they are removed and whenever the number shall equal the number of voters entered on the pollbook minus the number of provisional ballots, as determined according to subsection (a) of this section, any other ballot found in the ballot box shall be placed in the same envelope with unsigned ballots not counted, without unfolding the same or allowing anyone to examine or know the contents thereof, and the number of excess ballots shall be recorded on the envelope;

            (4) Each poll clerk shall keep an accurate tally of the votes cast by marking in ink on tally sheets, which shall be provided for the purpose, so as to show the number of votes received by each candidate for each office and for and against each issue on the ballot; and

            (5) When the reading of the votes is completed, the ballot shall be immediately strung on a thread.

            On motion of Senator Carmichael, the Senate concurred in the House of Delegates amendment to the bill.

            Engrossed Committee Substitute for Senate Bill No. 249, 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, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Snyder, Sypolt, Takubo, Trump, Unger, Walters, Williams, Yost and Cole (Mr. President)--28.

            The nays were: Kirkendoll, Laird, Miller, Romano, Stollings and Woelfel--6.

            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. 249) passed with its title.

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

            A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to

            Eng. Com. Sub. for Com. Sub. for Senate Bill No. 30, Permitting shared animal ownership agreement to consume raw milk.

            On motion of Senator Carmichael, 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 1. DEPARTMENT OF AGRICULTURE.

§19-1-7. Shared animal ownership agreement to consume raw milk.

            (a) Notwithstanding any other provision of the law to the contrary, a responsible party may enter into a written shared animal ownership agreement to consume raw milk in which he or she:

            (1) Acquires a percentage ownership interest in a milk-producing animal;

            (2) Agrees to pay another for the percentage ownership interest for the care and boarding of the milk-producing animal at the dairy farm;

            (3) Is entitled to receive a fair share of the animal’s raw milk production as a condition of the contractual agreement;

            (4) Agrees to sign a written document acknowledging the inherent dangers of consuming raw milk that may contain bacteria, such as Brucella, Campylobacter, Listeria, Salmonella and E. Coli, that has not been pasturized to remove bacteria and that is particularly dangerous to children, pregnant women and those with compromised immunity. The responsible party then agrees to release of the herd seller of liability for the inherent dangers of consuming raw milk; and

            (5) Agrees not to distribute raw milk. Sale or resale of raw milk obtained from a share is strictly prohibited.

            (b) The agreement provided in subsection (a) of this section is required to be reported by one or both of the parties to the agreement the herd seller to both the Commissioner of Agriculture, or his or her designee, as set forth in this article and the Commissioner of the Bureau for Public Health, or his or her designee, as set forth in article one, chapter sixteen of this code.

            (c) The agreement provided in subsection (a) of this section shall contain the following:

            (1) The name of the farmer, farm or dairy;

            (2) A valid, current address of the farmer, farm or dairy; and

            (3) A statement that raw milk is being produced at the farm or dairy.

            (c) (d) The herd seller shall meet the animal health requirements for milk-producing animals established by the state veterinarian, in accordance with state and national standards, including the following:

            (1) Raw milk from milk-producing animals intended for consumption shall be from a herd that tested negative within the previous twelve months for brucellosis, tuberculosis and other diseases as required by the state veterinarian. Additions to the herd shall test negative for the diseases within the previous thirty days before introduction into the herd; and

            (2) Milk-producing animals producing bloody, stringy or abnormal milk, but with only slight inflamation of the udder, shall be excluded from the milking herd until reexamination shows that the milk has become normal. Milk-producing animals showing chronic mastitis, whether producing abnormal milk or not, shall be permanently excluded from the milking herd.

            (d) (e) Any physician licensed by either the provisions of article three, chapter thirty of this code or article fourteen of said chapter who makes a diagnosis that can be directly attributed to the consumption of raw milk is required to report nonidentifying information related to the diagnosis or treatment to the local health officer of the county in which the individual lives. The Secretary of the Department of Health and Human Resources The Commissioner of the Department of Agriculture shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code regarding the contents of the report required pursuant to this subsection. and impose an administrative penalty not to exceed $100 for a person who violates the provisions of this section.

            On motion of Senator Carmichael, the Senate concurred in the House of Delegates amendment to the bill.

            Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 30, as amended by the House of Delegates, was then put upon its passage.

            On the passage of the bill, the yeas were: Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Leonhardt, Maynard, Mullins, Nohe, Sypolt, Trump, Walters, Williams and Cole (Mr. President)--18.

            The nays were: Beach, Facemire, Kessler, Kirkendoll, Laird, Miller, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Takubo, Unger, Woelfel and Yost--16.

            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. 30) passed with its title.

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

            A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to

            Eng. Senate Bill No. 89, Providing Prosecuting Attorneys Institute's council establish Executive Director's salary.

            On motion of Senator Carmichael, 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-a, line seven, after “$95,000” by changing the semicolon to a colon and inserting the following proviso: “Provided, That effective July 1, 2013, the Secretary of the Department of Health and Human Resources shall be paid an annual salary not to exceed $175,000;”;

            On page five, section two-a, line fourteen, by striking out “$70,000” and inserting in lieu thereof “$80,000”;

            On page eight, after line three, by striking out all of section six;

            By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:

            That §6-7-2a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:;

            And,

            By striking out the title and substituting therefor a new title, to read as follows:

            Eng. Senate Bill No. 89--A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended, relating to compensation for public officials generally; increasing the annual salary of the salary of the Executive Director of the West Virginia Prosecuting Attorneys Institute; and clarifying and restoring language accurately stating the compensation range for the Secretary of the Department of Health and Human Resources that was omitted by inadvertent clerical error in previous legislation.

            On motion of Senator Carmichael, the Senate concurred in the House of Delegates amendments to the bill.

            Engrossed Senate Bill No. 89, 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, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (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. 89) 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 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. 283, Relating to branch banking.

            On motion of Senator Carmichael, the message on the bill was taken up for immediate consideration.

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

            By striking out the title and substituting therefor a new title, to read as follows:

            Eng. Senate Bill No. 283--A Bill to amend and reenact §31A-4-40 of the Code of West Virginia, 1931, as amended; and to amend and reenact §31A-8-12d of said code, all relating to state banking institutions; removing restrictions on closure of banks on weekdays; removing requirement of a board resolution and legal advertisement for any change in days or hours a bank office is open for business; establishing certain requirements to be met prior to changing the days or hours a bank office is open for business; and reducing time for consideration of expedited branch applications from thirty-five days to twenty-one days.

            Senator Trump 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 Carmichael, the Senate concurred in the House of Delegates amendment to the title of the bill.

            Engrossed Senate Bill No. 283, 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, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.

            The nays were: None.

            Absent: None.

            Excused from voting: Trump--1.

            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. 283) passed with its House of Delegates amended title.

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

            A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of

            Eng. Senate Bill No. 292, Relating to licenses for business of currency exchange, transportation or transmission.

            A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of

            Eng. Senate Bill No. 322, Eliminating mandatory electronic recount of ballots in recounts.

            A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of

            Eng. Senate Bill No. 332, Relating to administrative fees for Tax Division, Department of Revenue.

            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. 344, Relating to limitations on back and front pay and punitive damages.

            A message from The Clerk of the House of Delegates announced the amendment by that body to the title of the bill, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to

            Eng. Com. Sub. for Senate Bill No. 366, Creating Patient Protection and Transparency Act.

            On motion of Senator Carmichael, the message on the bill was taken up for immediate consideration.

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

            By striking out the title and substituting therefor a new title, to read as follows:

            Eng. Com. Sub. for Senate Bill No. 366--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-50-l, §33-50-2 and §33-50-3, all relating to the West Virginia Health Benefit Exchange; defining terms; requiring certain information be published on a website; providing online information to assist consumers in making informed decisions concerning the purchase of a qualified health plan; and authorizing rulemaking.

            On motion of Senator Carmichael, the Senate concurred in the House of Delegates amendment to the title of the bill.

            Engrossed Committee Substitute for Senate Bill No. 366, 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, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (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. 366) passed with its House of Delegates amended title.

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

            A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of

            Eng. Senate Bill No. 445, Relating to investment of RJCFA excess funds.

            A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of

            Eng. Senate Bill No. 454, Criminalizing trademark counterfeiting.

            A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of

            Eng. Senate Bill No. 489, Imposing statute of limitations on civil actions derived from surveying of real property.

            A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of

            Eng. Senate Bill No. 545, Removing certain prior bank overdraft approval by director or executive officer.

            A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of

            Eng. Senate Bill No. 576, Prohibiting PSC jurisdiction of internet protocol-enabled service or voice over internet protocol-enabled service and certain telephone company transactions.

            A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of

            Eng. Senate Bill No. 578, Relating to occupational disease claims.

            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. 18, Requesting DOH name bridge in Wetzel County "U. S. Army COL William L. Glover Memorial Bridge".

            A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of

            Com. Sub. for Senate Concurrent Resolution No. 19, Requesting DOH name stretch of road in Wayne County "Darrell W. Sanders Memorial Highway".

            A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of

            Senate Concurrent Resolution No. 31, Authorizing meeting of Joint Select Committee on Tax Reform.

            A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of

            Senate Concurrent Resolution No. 47, Amending Joint Rules of Senate and House relating to printing enrolled bills.

            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. 2053, Relating to the form of trust deeds.

            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. 2100, Caregiver Advise, Record and Enable Act.

            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, to take effect from passage, and requested the concurrence of the Senate in the adoption thereof, as to

            Eng. House Bill No. 2213, Reducing the distributions to the West Virginia Infrastructure Fund.

            Whereupon, Senator M. Hall, from the committee of conference on matters of disagreement between the two houses, as to

            Eng. House Bill No. 2213, Reducing the distributions to the West Virginia Infrastructure Fund.

            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. 2213 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:

            That House of Delegates agrees to the Senate amendment.

                                                                        Respectfully submitted,

            Eric Nelson, Chair, Everette W. Anderson, Jr., Brent Boggs, Conferees on the part of the House of Delegates.

            Mike Hall, Chair, Chris Walters, Roman W. Prezioso, Jr., Conferees on the part of the Senate.

            On motions of Senator M. Hall, severally made, the report of the committee of conference was taken up for immediate consideration and adopted.

            Engrossed House Bill No. 2213, as amended by the conference report, was then put upon its passage.

            On the passage of the bill, as amended, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Stollings, Sypolt, Takubo, Trump, Walters, Woelfel and Cole (Mr. President)--28.

            The nays were: Kessler, Miller, Snyder, Unger, Williams and Yost--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. 2213) passed with its title.

            Senator Carmichael moved that the bill take effect from passage.

            On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Stollings, Sypolt, Takubo, Trump, Walters, Woelfel and Cole (Mr. President)--28.

            The nays were: Kessler, Miller, Snyder, Unger, Williams and Yost--6.

            Absent: None.

            So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2213) takes effect from passage.

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

            A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, with its Senate amended title, of

            Eng. House Bill No. 2535, Relating generally to suicide prevention training, "Jamie's Law".

            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. House Bill No. 2576, Creating new code sections which separate the executive departments.

            Whereupon, Senator Blair, from the committee of conference on matters of disagreement between the two houses, as to

            Eng. House Bill No. 2576, Creating new code sections which separate the executive departments.

            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 House Bill No. 2576 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:

            That both houses recede from their respective positions as to amendment of the Senate, striking out everything after the enacting section, and agree to the same as follows:

ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS ORGANIZATION OF STATE AGENCIES, BOARDS AND COMMISSIONS WITHIN DEPARTMENTS OF STATE GOVERNMENT.

§5F-2-1. Transfer and incorporation of agencies and boards; funds General provisions.

            (a) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Administration:

            (1) Building Commission provided in article six, chapter five of this code;

            (2) Public Employees Insurance Agency provided in article sixteen, chapter five of this code;

            (3) Governor's Mansion Advisory Committee provided in article five, chapter five-a of this code;

            (4) Commission on Uniform State Laws provided in article one-a, chapter twenty-nine of this code;

            (5) West Virginia Public Employees Grievance Board provided in article three, chapter six-c of this code;

            (6) Board of Risk and Insurance Management provided in article twelve, chapter twenty-nine of this code;

            (7) Boundary Commission provided in article twenty-three, chapter twenty-nine of this code;

            (8) Public Defender Services provided in article twenty-one, chapter twenty-nine of this code;

            (9) Division of Personnel provided in article six, chapter twenty-nine of this code;

            (10) The West Virginia Ethics Commission provided in article two, chapter six-b of this code;

            (11) Consolidated Public Retirement Board provided in article ten-d, chapter five of this code; and

            (12) Real Estate Division provided in article ten, chapter five-a of this code.

            (b) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Commerce:

            (1) Division of Labor provided in article one, chapter twenty-one of this code, which includes:

            (A) Occupational Safety and Health Review Commission provided in article three-a, chapter twenty-one of this code; and

            (B) Board of Manufactured Housing Construction and Safety provided in article nine, chapter twenty-one of this code.

            (2) Office of Miners' Health, Safety and Training provided in article one, chapter twenty-two-a of this code. The following boards are transferred to the Office of Miners' Health, Safety and Training for purposes of administrative support and liaison with the Office of the Governor:

            (A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review Committee provided in article six, chapter twenty-two-a of this code;

            (B) Board of Miner Training, Education and Certification provided in article seven, chapter twenty-two-a of this code; and

            (C) Mine Inspectors' Examining Board provided in article nine, chapter twenty-two-a of this code.

            (3) The West Virginia Development Office provided in article two, chapter five-b of this code;

            (4) Division of Natural Resources and Natural Resources Commission provided in article one, chapter twenty of this code;

            (5) Division of Forestry provided in article one-a, chapter nineteen of this code;

            (6) Geological and Economic Survey provided in article two, chapter twenty-nine of this code; and

            (7) Workforce West Virginia provided in chapter twenty-one-a of this code, which includes:

            (A) Division of Unemployment Compensation;

            (B) Division of Employment Service;

            (C) Division of Workforce Development; and

            (D) Division of Research, Information and Analysis.

            (8) Division of Energy provided in article two-f, chapter five-b of this code.

            (9) Division of Tourism Commission provided in article two-h, chapter five-b of this code.

            (c) The Economic Development Authority provided in article fifteen, chapter thirty-one of this code is continued as an independent agency within the executive branch.

            (d) The Water Development Authority and the Water Development Authority Board provided in article one, chapter twenty-two-c of this code is continued as an independent agency within the executive branch.

            (e) The following agencies and boards, including all of the allied, advisory and affiliated entities, are transferred to the Department of Environmental Protection for purposes of administrative support and liaison with the office of the Governor:

            (1) Air Quality Board provided in article two, chapter twenty-two-b of this code;

            (2) Solid Waste Management Board provided in article three, chapter twenty-two-c of this code;

            (3) Environmental Quality Board, or its successor board, provided in article three, chapter twenty-two-b of this code;

            (4) Surface Mine Board provided in article four, chapter twenty-two-b of this code;

            (5) Oil and Gas Inspectors' Examining Board provided in article seven, chapter twenty-two-c of this code;

            (6) Shallow Gas Well Review Board provided in article eight, chapter twenty-two-c of this code; and

            (7) Oil and Gas Conservation Commission provided in article nine, chapter twenty-two-c of this code.

            (f) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Education and the Arts:

            (1) Library Commission provided in article one, chapter ten of this code;

            (2) Division of Culture and History provided in article one, chapter twenty-nine of this code; and

            (3) Division of Rehabilitation Services provided in article ten-a, chapter eighteen of this code.

            (g) The Educational Broadcasting Authority provided in article five, chapter ten of this code is part of the Department of Education and the Arts for the purposes of administrative support and liaison with the office of the Governor.

            (h) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Health and Human Resources:

            (1) Human Rights Commission provided in article eleven, chapter five of this code;

            (2) Division of Human Services provided in article two, chapter nine of this code;

            (3) Bureau for Public Health provided in article one, chapter sixteen of this code;

            (4) Office of Emergency Medical Services and the Emergency Medical Service Advisory Council provided in article four-c, chapter sixteen of this code;

            (5) Health Care Authority provided in article twenty-nine-b, chapter sixteen of this code;

            (6) Commission on Mental Retardation provided in article fifteen, chapter twenty-nine of this code;

            (7) Women's Commission provided in article twenty, chapter twenty-nine of this code; and

            (8) The Child Support Enforcement Division provided in chapter forty-eight of this code.

            (i) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Military Affairs and Public Safety:

            (1) Adjutant General's Department provided in article one-a, chapter fifteen of this code;

            (2) Armory Board provided in article six, chapter fifteen of this code;

            (3) Military Awards Board provided in article one-g, chapter fifteen of this code;

            (4) West Virginia State Police provided in article two, chapter fifteen of this code;

            (5) Division of Homeland Security and Emergency Management and Disaster Recovery Board provided in article five, chapter fifteen of this code and Emergency Response Commission provided in article five-a of said chapter;

            (6) Sheriffs' Bureau provided in article eight, chapter fifteen of this code;

            (7) Division of Justice and Community Services provided in article nine-a, chapter fifteen of this code;

            (8) Division of Corrections provided in chapter twenty-five of this code;

            (9) Fire Commission provided in article three, chapter twenty-nine of this code;

            (10) Regional Jail and Correctional Facility Authority provided in article twenty, chapter thirty-one of this code; and

            (11) Board of Probation and Parole provided in article twelve, chapter sixty-two of this code.

            (j) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Revenue:

            (1) Tax Division provided in chapter eleven of this code;

            (2) Racing Commission provided in article twenty-three, chapter nineteen of this code;

            (3) Lottery Commission and position of Lottery Director provided in article twenty-two, chapter twenty-nine of this code;

            (4) Insurance Commissioner provided in article two, chapter thirty-three of this code;

            (5) West Virginia Alcohol Beverage Control Commissioner provided in article sixteen, chapter eleven of this code and article two, chapter sixty of this code;

            (6) Board of Banking and Financial Institutions provided in article three, chapter thirty-one-a of this code;

            (7) Lending and Credit Rate Board provided in chapter forty-seven-a of this code;

            (8) Division of Banking provided in article two, chapter thirty-one-a of this code;

            (9) The State Budget Office provided in article two of this chapter;

            (10) The Municipal Bond Commission provided in article three, chapter thirteen of this code;

            (11) The Office of Tax Appeals provided in article ten-a, chapter eleven of this code; and

            (12) The State Athletic Commission provided in article five-a, chapter twenty-nine of this code.

            (k) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Transportation:

            (1) Division of Highways provided in article two-a, chapter seventeen of this code;

            (2) Parkways, Economic Development and Tourism Authority provided in article sixteen-a, chapter seventeen of this code;

            (3) Division of Motor Vehicles provided in article two, chapter seventeen-a of this code;

            (4) Driver's Licensing Advisory Board provided in article two, chapter seventeen-b of this code;

            (5) Aeronautics Commission provided in article two-a, chapter twenty-nine of this code;

            (6) State Rail Authority provided in article eighteen, chapter twenty-nine of this code; and

            (7) Public Port Authority provided in article sixteen-b, chapter seventeen of this code.

            (l) Effective July 1, 2011, the Veterans’ Council provided in article one, chapter nine-a of this code, including all of the allied, advisory, affiliated or related entities and funds associated with it, is incorporated in and administered as a part of the Department of Veterans’ Assistance.

            (a) The Legislature finds that in 1989, this chapter was enacted to provide for the reorganization of the executive branch of state government pursuant to the findings set forth under section one, article one of this chapter. This section was enacted as part of that legislation to effect the transfer of agencies and board and related entities into the various departments created within the executive branch of government. Since its initial enactment, the Legislature has amended and reenacted this section on a number of occasions, in most instances to modify the initial reorganization within the executive branch of government. The Legislature further finds that the structure of this section by which it provides an extensive list of executive agencies in a single section of the Code of West Virginia renders this section unnecessarily lengthy and complicated. The designation of a separate statute for each of the agencies and entities as they are organized in subsections (a) through (l) of this section as provided pursuant to the amendment and reenactment of this section in 2015 would reduce the unnecessary length and complexity of the statute without altering the Legislature’s intent in providing for the organization of the executive branch of state government pursuant to the original findings set forth under section one, article one of this chapter and the Legislature’s subsequent amendments and reenactments of various sections of this chapter. The Legislature therefore finds and declares that the amendment and reenactment of this section and the further amendment of the Code of West Virginia by adding thereto twelve new sections, designated sections one-a, one-b, one-c, one-d, one-e, one-f, one-g, one-h, one-i, one-j, one-k, and one-l of this article, are solely for the purpose of designating a separate statute for each of the agencies and entities as they are organized in subsections (a) through (l) of this section as provided pursuant to the amendment and reenactment of this section in 2015 and for the purpose of providing corrective descriptions of an agency and corrective code references and deleting references to agencies, boards or commissions that have been repealed. The Legislature further finds and declares that except as otherwise provided in this section, the amendment and reenactment of this section and the enactment of the new sections may not be construed to have altered or modified the application of any other provision of this code to the agencies and entities described in those sections, and that all other provisions of this code, to the extent applicable to those sections, as well as the remaining subsections of this section, shall apply in like manner to the agencies and entities described in those new sections.

            (m) (b) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the position of administrator and the powers, authority and duties of each administrator and agency are not affected by the enactment of this chapter.

            (n) (c) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the existence, powers, authority and duties of boards and the membership, terms and qualifications of members of the boards are not affected by the enactment of this chapter. All boards that are appellate bodies or are independent decision makers shall not have their appellate or independent decision-making status affected by the enactment of this chapter.

            (o) (d) Any department previously transferred to and incorporated in a department by prior enactment of this section means a division of the appropriate department. Wherever reference is made to any department transferred to and incorporated in a department created in section two, article one of this chapter, the reference means a division of the appropriate department and any reference to a division of a department so transferred and incorporated means a section of the appropriate division of the department.

            (p) (e) When an agency, board or commission is transferred under a bureau or agency other than a department headed by a secretary pursuant to this section, that transfer is solely for purposes of administrative support and liaison with the Office of the Governor, a department secretary or a bureau. Nothing in this section extends the powers of department secretaries under section two of this article to any person other than a department secretary and nothing limits or abridges the statutory powers and duties of statutory commissioners or officers pursuant to this code.

§5F-2-1a. Department of Administration.

            The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Administration: 

            (1) Finance Division provided in article two, chapter five-a of this code;

            (2) General Services Division provided in article four, chapter five-a of this code;

            (3) Information Services and Communications Division and the Office of Technology provided in chapter five-a of this code;

            (4) Purchasing Division, Surplus Property and Travel Management provided in article three, chapter five-a of this code; 

            (5) Division of Personnel provided in article six, chapter twenty-nine of this code; 

            (6) Real Estate Division provided in article ten, chapter five-a of this code;

            (7) Public Land Corporation provided in article eleven, chapter five-a of this code;

            (8) Fleet Management Office provided in article one, chapter five-a of this code;

            (9) Building Commission provided in article six, chapter five of this code

            (10) Commission on Uniform State Laws provided in article one-a, chapter twenty-nine of this code;

            (11) West Virginia Public Employees Grievance Board provided in article three, chapter six-c of this code;

            (12) Board of Risk and Insurance Management provided in article twelve, chapter twenty-nine of this code;

            (13) Boundary Commission provided in article twenty-three, chapter twenty-nine of this code;

            (14) Public Defender Services provided in article twenty-one, chapter twenty-nine of this code;

            (15) Public Employees Insurance Agency provided in article sixteen, chapter five of this code; 

            (16) Prosecuting Attorneys Institute provided in article four, chapter seven of this code;

            (17) The West Virginia Ethics Commission provided in article two, chapter six-b of this code;

            (18) Consolidated Public Retirement Board provided in article ten-d, chapter five of this code; and

            (19) Governor’s Mansion Advisory Committee provided in article five, chapter five-a of this code; and 

            (20) Committee for the Purchase of Commodities and Services from the Handicapped provided in article three-a, chapter five-a of this code; and

            (21) Records Management and Preservation Advisory Committee provided in article eight, chapter five-a of this code; and

            (22) Design-Build Board provided in article twenty-two-a, chapter five of this code.

§5F-2-1b. Department of Commerce.

            The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Commerce:

            (1) Division of Labor provided in article one, chapter twenty-one of this code, which includes:

            (A) Occupational Safety and Health Review Commission provided in article three-a, chapter twenty-one of this code;

            (B) Board of Manufactured Housing Construction and Safety Standards provided in article nine, chapter twenty-one of this code; and

            (C) Board of West Virginia Contractor Licensing provided in article eleven, chapter twenty-one of this code.

            (2) Office of Miners' Health, Safety and Training provided in article one, chapter twenty-two -a of this code, which includes:

            (A) Mine Inspectors' Examining Board provided in article nine, chapter twenty-two-a of this code; and

            (B) Coal Mine Safety Board of Appeals provided in article five, chapter twenty-two-aA of this code.        

            (3) Board of Coal Mine Health and Safety provided in article six, chapter twenty-two-a of this code, which includes:

            (A) Board of Miner Training, Education and Certification provided in article seven, chapter twenty-two-a of this code

            (B) Coal Mine Safety and Technical Review Committee provided in article six, chapter twenty-two-a of this code;

            (C) West Virginia Diesel Equipment Commission provided in article two-a, chapter twenty-two-a of this Code; and

            (D) Coal Mine Safety and Technology Task Force, provided in article eleven, chapter twenty-two-a of this code.

            (4) The West Virginia Development Office provided in article two, chapter five-b of this code;

            (5) Division of Natural Resources and Natural Resources Commission provided in article one, chapter twenty of this code, which includes:

            (A) Whitewater Commission provided in article two, chapter twenty of this code; and

            (B) Wildlife Endowment Fund Board of Trustees provided in article twenty-six, chapter twenty of this code.

            (6) Division of Forestry provided in article one, chapter nineteen of this code;

            (7) Geological and Economic Survey provided in article two, chapter twenty-nine of this code; and

            (8) Workforce West Virginia provided in chapter twenty-one-a of this code, which includes:

            (A) Unemployment Compensation Board of Review;

            (8) Division of Energy provided in article two-f, chapter five-b of this code; and

(9) Division of Tourism and Tourism Commission provided in article two, chapter five-b of this code.

§5F-2-1c. Economic Development Authority.

            The Economic Development Authority provided in article fifteen, chapter thirty-one of this code is continued as an independent agency within the executive branch.

§5F-2-1d. Water Development Authority.

            The Water Development Authority and the Water Development Authority Board provided in article one, chapter twenty-two-c of this code is continued as an independent agency within the executive branch.

§5F-2-1e. Department of Environmental Protection.

            The following agencies and boards, including all of the allied, advisory and affiliated entities, are transferred to the Department of Environmental Protection for purposes of administrative support and liaison with the Office of the Governor:

            (1) Air Quality Board provided in article two, chapter twenty-two-b of this code;

            (2) Solid Waste Management Board provided in article three, chapter twenty-two-c of this code;

            (3) Environmental Quality Board, or its successor board, provided in article three, chapter twenty-two-b of this code;

            (4) Surface Mine Board provided in article four, chapter twenty-two-b of this code;

            (5) Office of Oil and Gas provided in article six, chapter twenty-two of this code; and

            (6) Shallow Gas Well Review Board provided in article eight, chapter twenty-two-c of this code;

§5F-2-1f. Department of Education and the Arts.

            The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Education and the Arts:

            (1) Library Commission provided in article one, chapter ten of this code;

            (2) Division of Culture and History provided in article one, chapter twenty-nine of this code; and

            (3) Division of Rehabilitation Services provided in article ten-a, chapter eighteen of this code.

§5F-2-1g. Educational Broadcasting Authority.

            The Educational Broadcasting Authority provided in article five, chapter ten of this code is part of the Department of Education and the Arts for the purposes of administrative support and liaison with the Office of the Governor.

§5F-2-1h. Department of Health and Human Resources.

            The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Health and Human Resources:

            (1) Human Rights Commission provided in article eleven, chapter five of this code;

            (2) Division of Human Services provided in article two, chapter nine of this code;

            (3) Bureau for Public Health provided in article one, chapter sixteen of this code;

            (4) Office of Emergency Medical Services and the Emergency Medical Service Advisory Council provided in article four-c, chapter sixteen of this code;

            (5) Health Care Authority provided in article twenty-nine-b, chapter sixteen of this code;

            (6) State Commission on Intellectual Disability provided in article fifteen, chapter twenty-nine of this code;

            (7) Women's Commission provided in article twenty, chapter twenty-nine of this code; and

            (8) The Child Support Enforcement Division provided in chapter forty-eight of this code.

§5F-2-1i. Department of Military Affairs and Public Safety.

            The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Military Affairs and Public Safety:

            (1) Adjutant General's Department provided in article one-a, chapter fifteen of this code;

            (2) Armory Board provided in article six, chapter fifteen of this code;

            (3) Military Awards Board provided in article one-g, chapter fifteen of this code;

            (4) West Virginia State Police provided in article two, chapter fifteen of this code;

            (5) Division of Homeland Security and Emergency Management and Disaster Recovery Board provided in article five, chapter fifteen of this code and Emergency Response Commission provided in article five-a of said chapter;

            (6) Division of Justice and Community Services provided in article nine-a, chapter fifteen of this code;

            (7) Division of Corrections provided in chapter twenty-five of this code;

            (8) Fire Commission provided in article three, chapter twenty-nine of this code;

            (9) Division of Juvenile Services provided in article five-e, chapter fourty-nine of this code;

            (10) Division of Protective Services provided in article two-d, chapter fifteen of this code;

            (11) Regional Jail and Correctional Facility Authority provided in article twenty, chapter thirty-one of this code; and

            (12) Board of Probation and Parole provided in article twelve, chapter sixty-two of this code.

§5F-2-1j. Department of Revenue.

            The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Revenue:

            (1) The State Tax Division provided in article one, chapter eleven of this code;

            (2) Racing Commission provided in article twenty-three, chapter nineteen of this code;

            (3) Lottery Commission and position of Lottery Director provided in article twenty-two, chapter twenty-nine of this code;

            (4) Insurance Commissioner provided in article two, chapter thirty-three of this code;

            (5) West Virginia Alcohol Beverage Control Commissioner provided in article sixteen, chapter eleven of this code and article two, chapter sixty of this code;

            (6) Board of Banking and Financial Institutions provided in article three, chapter thirty-one-a of this code;

            (7) Lending and Credit Rate Board provided in chapter forty-seven-a of this code;

            (8) Division of Financial Institutions provided in article two, chapter thirty-one-a of this code;

            (9) The State Budget Office provided in article two, chapter eleven-b of this code;

            (10) The Municipal Bond Commission provided in article three, chapter thirteen of this code;

            (11) The Office of Tax Appeals provided in article ten-a, chapter eleven of this code; and

            (12) The State Athletic Commission provided in article five-a, chapter twenty-nine of this code.

§5F-2-1k. Department of Transportation.

            The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Transportation:

            (1) Division of Highways provided in article two-a, chapter seventeen of this code;

            (2) Parkways Authority provided in article sixteen-a, chapter seventeen of this code;

            (3) Division of Motor Vehicles provided in article two, chapter seventeen-a of this code;

            (4) Driver's Licensing Advisory Board provided in article two, chapter seventeen-b of this code;

            (5) Aeronautics Commission provided in article two-a, chapter twenty-nine of this code;

            (6) State Rail Authority provided in article eighteen, chapter twenty-nine of this code;

            (7) Public Port Authority provided in article sixteen-b, chapter seventeen of this code; and

            (8) Division of Public Transit provided in article sixteen-c, chapter seventeen of this code.

§5F-2-1l. Department of Veterans’ Assistance.

            The Veterans’ Council provided in article one, chapter nine-a of this code, including all of the allied, advisory, affiliated or related entities and funds associated with it, is incorporated in and administered as a part of the Department of Veterans’ Assistance.

                                                                        Respectfully submitted,

            Lynne Arvon, Chair, Jordan Hill, Rupert Phillips, Jr., Conferees on the part of the House of Delegates.

            Craig Blair, Chair, Gregory L. Boso, Ronald F. Miller, Conferees on the part of the Senate.

            Senator Blair, Senate cochair of the committee of conference, was recognized to explain the report.

            Thereafter, on motion of Senator Blair, the report was taken up for immediate consideration and adopted.

            Engrossed House Bill No. 2576, as amended by the conference report, was then put upon its passage.

            On the passage of the bill, as amended, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (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. 2576) 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 Senate amendment to, and the passage as amended, of

            Eng. House Bill No. 2880, Creating an addiction treatment pilot program.

            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. 7--Requesting the Division of Highways to name bridge number 41-1-24.51 (41A009) on Maple Fork Road where it connects with Cirtsville Road in Raleigh County, the “Kenneth A. Chapman, Sr. Memorial Bridge”.

            Referred to the Committee on Transportation and Infrastructure.

            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

            Com. Sub. for House Concurrent Resolution No. 24--Requesting the Division of Highways to name the bridge carrying County Route 43 (Frame Road) over Interstate 79 in Kanawha County, bridge number 20-43-1.31 (20A327), latitude 38.45607, longitude -81.49513, locally known as the Elkview I-79 Interchange Bridge, as the “U.S. Army SP5 Johnnie Marvin Ayers Memorial Bridge”.

            Referred to the Committee on Transportation and Infrastructure.

            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. 31--Declaring the Northern Red Salamander to be the official state amphibian.

            Referred to the Committee on Government Organization.

            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

            Com. Sub. for House Concurrent Resolution No. 42--Requesting the Division of Highways to identify bridge number 20-77-95.81 (20A643), locally known as the interstate bridge over Campbells Creek, carrying Interstate 77 northbound and southbound lanes over U.S. Route 60 westbound lane and the Norfolk and Southern Railroad, in Kanawha County, as being located at the "Boyhood Home of Booker T. Washington”.

            Referred to the Committee on Transportation and Infrastructure.

            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

            Com. Sub. for House Concurrent Resolution No. 45--Requesting the Division of Highways to name the bridge on State Route 20 over Fishing Creek, South Fork in Wetzel County, locally known as the Pine Grove Bridge, bridge number 52-20-16.04, as the "U.S. Army COL William L. Glover Memorial Bridge”.

            Referred to the Committee on Transportation and Infrastructure.

            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

            Com. Sub. for House Concurrent Resolution No. 55--Requesting the Division of Highways to name the Section of U.S. Route 60, from the Guyan Golf and Country Club to the Huntington City Limits in Cabell County, the "William C. Campbell Memorial Highway”.

            Referred to the Committee on Transportation and Infrastructure.

            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. 58--Requesting the Division of Highways to name the bridge on County Route 4/1, Gibbons Run Road, over North River in Hampshire County, bridge number 14-4/1-2.29, (14A011), latitude 39.33852, longitude -78.50974, as the "U.S. Army PV2 William Frederick Kump Memorial Bridge”.

            Referred to the Committee on Transportation and Infrastructure.

            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

            Com. Sub. for House Concurrent Resolution No. 60--Requesting the Division of Highways to name the bridge on U.S. Route 52 in Wayne County, bridge number 50-52-54.27 (50A115), locally known as the Marrowbone Creek Bridge, as the "U.S. Army SFC Jesse Muncy Memorial Bridge”.

            Referred to the Committee on Transportation and Infrastructure.

            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

            Com. Sub. for House Concurrent Resolution No. 65--Requesting that bridge number 22-119-0.04 NB & SB (22A102 & 22A103), latitude 38.18215, longitude -81.84941, on U.S. Route 119, otherwise known as the North Pinnacle Rock Creek Bridge, in Lincoln County, be named the "U.S. Army PFC Willie Paul Wilson Bridge”.

            Referred to the Committee on Transportation and Infrastructure.

            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

            Com. Sub. for House Concurrent Resolution No. 68--Requesting the Division of Highways to name Bridge number 17-9-5.09 (17A350) (39.3443, -80.4013) locally known as Gregory Run Bridge carrying County Route 9 over Ten Mile Creek, in Harrison County, the "U.S. Army Air Force SSG Harold 'Dean' Baker Memorial Bridge”.

            Referred to the Committee on Transportation and Infrastructure.

            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

            Com. Sub. for House Concurrent Resolution No. 98--Requesting the Division of Highways to rename the road from the entrance of the Summit Bechtel Family National Scout Reserve to West Virginia Route 61, known as Mill Road or Garden Ground Mountain Road, as "Jack Furst Drive" to match the name of the road through the Summit Bechtel Family National Scout Reserve.

            Referred to the Committee on Transportation and Infrastructure.

            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. 113--Requesting the Division of Highways place signs on United States Route 220 at the Mineral/Hampshire County border, United States Route 50 at the Mineral/Grant County border, State Route 28 at the Mineral/Hampshire County border and also the Maryland/West Virginia state line, State Route 42 at the Mineral/Grant County border, State Route 46 at the Maryland/West Virginia state line, State Route 93 at the Mineral/Grant County border, and State Route 956 at the Maryland/West Virginia state line stating: "Mineral County, Celebrating the Sesquicentennial, 1866 - 2016”.

            Referred to the Committee on Transportation and Infrastructure.

            The Senate proceeded to the fourth order of business.

            Senator M. Hall, from the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration

            Senate Bill No. 233, Budget Bill.

            And reports back a committee substitute for same with the following title:

            Com. Sub. for Senate Bill No. 233 (originating in the Committee on Finance)--A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution.

            With the recommendation that the committee substitute do pass.

                                                                        Respectfully submitted,

                                                                          Mike Hall,

                                                                            Chair.

            At the request of Senator Carmichael, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 233) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

            Senator Cole (Mr. President), from the Committee on Rules, submitted the following report, which was received:

            Your Committee on Rules has had under consideration

            Senate Concurrent Resolution No. 33, Requesting Joint Committee on Government and Finance study undeveloped land preservation and conservation tax credit program.

            Senate Concurrent Resolution No. 48, Requesting Joint Committee on Government and Finance study agreements between county commissions and municipalities regarding demolition of buildings unfit for human habitation.

            And,

            Senate Concurrent Resolution No. 59, Requesting Joint Committee on Government and Finance study expansion of outcomes of MU Luke Lee Listening, Language and Learning Lab.

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

                                                                        Respectfully submitted,

                                                                          William P. Cole III,

                                                                            Chairman, Ex Officio.

            Senator Sypolt, from the Committee on Education, submitted the following report, which was received:

            Your Committee on Education has had under consideration

            Eng. House Bill No. 2140, Building governance and leadership capacity of county board during period of state intervention.

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

                                                                        Respectfully submitted,

                                                                          Dave Sypolt,

                                                                            Chair.

            At the request of Senator Carmichael, unanimous consent being granted, the bill (Eng. H. B. No. 2140) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time and ordered to second reading.

            Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration

            Eng. Com. Sub. for House Bill No. 2240, Providing that an act of domestic violence or sexual offense by strangling is an aggravated felony offense.

            And has amended same.

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

                                                                        Respectfully submitted,

                                                                          Charles S. Trump IV,

                                                                            Chair.

            At the request of Senator Carmichael, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2240) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

            Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration

            Eng. Com. Sub. for House Bill No. 2466, Exempting valid nonprofit organizations from licensing requirements of the West Virginia Alcoholic Beverage Control Authority during certain events.

            And has amended same.

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

                                                                        Respectfully submitted,

                                                                          Charles S. Trump IV,

                                                                            Chair.

            At the request of Senator Carmichael, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2466) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

            Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration

            Eng. House Bill No. 2479, Relating to the powers and authority of state and local law enforcement to enforce underage drinking laws at private clubs.

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

                                                                        Respectfully submitted,

                                                                          Charles S. Trump IV,

                                                                            Chair.

            At the request of Senator Carmichael, unanimous consent being granted, the bill (Eng. H. B. No. 2479) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

            Senator Blair, from the Committee on Government Organization, submitted the following report, which was received:

            Your Committee on Government Organization has had under consideration

            Eng. House Bill No. 2492, Repealing the requirement that an entity charging admission to view certain closed circuit telecast or subscription television events needs to obtain a permit from the State Athletic Commission.

            And has amended same.

            Eng. Com. Sub. for House Bill No. 2549, Relating to the preparation and publication of county financial statements.

            And has amended same.

            And,

            Eng. Com. Sub. for House Bill No. 2878, Creating a one-stop electronic business portal in West Virginia.

            And has amended same.

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

                                                                        Respectfully submitted,

                                                                          Craig Blair,

                                                                            Chair.

            At the request of Senator Carmichael, unanimous consent being granted, the bills (Eng. H. B. No. 2492, Eng. Com. Sub. for H. B. No. 2549 and Eng. Com. Sub. for H. B. No. 2878) contained in the preceding report from the Committee on Government Organization were each taken up for immediate consideration, read a first time and ordered to second reading.

            Senator Blair, from the Committee on Government Organization, submitted the following report, which was received:

            Your Committee on Government Organization has had under consideration

            Eng. House Bill No. 3019, Requiring official business and records of the state and its political subdivisions be conducted in English.

            And has amended same.

            Now on second reading, having been read a first time and referred to the Committee on Government Organization on March 6, 2015;

            And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.

                                                                        Respectfully submitted,

                                                                          Craig Blair,

                                                                            Chair.

            The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with amendments from the Committee on Government Organization pending.

            The Senate proceeded to the sixth order of business.

            Senators Romano, Facemire and Stollings offered the following resolution:

            Senate Concurrent Resolution No. 61--Requesting the Division of Highways to name bridge number 17-79-117.174 on Interstate 79 in Anmoore, Harrison County, the "U. S. Army PFC Nick A. Cavallaro Memorial Bridge".

            Whereas, U. S. Army Private First Nick A. Cavallaro was born in Coulonia, Reggio Calabria, Italy, on October 28, 1920, and came to the United States in August, 1922, with his brother Celestino (Charley) and mother Maria Rosa Strangio Cavallaro and settled in Anmoore, West Virginia; and

            Whereas, When World War II broke out, Nick Cavallaro enlisted in the United States Army; and

            Whereas, Nick Cavallaro participated in battles in North Africa and Sicily, Italy, and was one of the thousands of paratroopers dropped behind German lines the night before the invasion of Normandy, France; and

            Whereas, Nick Cavallaro was scheduled to come home on leave when the Battle of the Bulge occurred and his leave was canceled; and

            Whereas, Sadly, Nick Cavallaro lost his life in the battle at Fosse, Belgium, on January 3, 1945, leaving behind his mother, brother, sister Louise and a host of other family and friends; and

            Whereas, Nick Cavallaro was awarded two Purple Heart Medals, the Bronze Star Medal and the Combat Infantryman Badge, as well as various medals by the French and Belgian governments; and

            Whereas, Nick Cavallaro was an Italian immigrant and citizen of Anmoore, West Virginia, and fought for his adopted country, the United States of America; and

            Whereas, It is only fitting that we name this bridge to honor U. S. Army Private First Class Nick A. Cavallaro having made the ultimate sacrifice; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Division of Highways to name bridge number 17-79-117.174 on Interstate 79 in Anmoore, Harrison County, the "U. S. Army PFC Nick A. Cavallaro Memorial Bridge"; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U. S. Army PFC Nick A. Cavallaro Memorial Bridge”; 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 the Department of Transportation and U. S. Army Private First Class Nick A. Cavallaro's family.

            Which, under the rules, lies over one day.

            Senators M. Hall, Snyder, Prezioso, D. Hall and Stollings offered the following resolution:

            Senate Concurrent Resolution No. 62--Requesting the Joint Committee on Government and Finance establish a select committee consisting of ten members, five being from the House of Delegates and five being from the Senate, with no more than three members from each house from a single political party, to be responsible for a comprehensive study of West Virginia's racing and gaming industries as provided herein, including making recommendations and coordinating professional services procured in furtherance of the objectives herein described.

            Whereas, West Virginia's racing industry has a long and storied history, beginning in 1787 when George Washington's youngest brother Charles raced horses through the streets of what would become Charles Town, West Virginia; and

            Whereas, Formal horse racing tracks were established in West Virginia some years later, with the racetrack at Charles Town opening in 1933 and the precursor to Mountaineer Racetrack being founded in 1937. West Virginia greyhound racing followed with the opening of Wheeling Downs, a facility which found its racing origin in 1937 and in 1985, Tri-State Greyhound Park, now Mardi Gras Casino and Racetrack, opened; and

            Whereas, In an effort to protect and preserve West Virginia's celebrated racing industry, the West Virginia Legislature voted to allow slot-machine style video lottery in 1994 and casino-style table games in 2007 at our state's four racetracks, pending approval by the local electorate, in accord with the provisions of article twenty-two-c, chapter twenty-nine of the Code of West Virginia; and

            Whereas, Each of the four counties in West Virginia where a racetrack is located ultimately exercised their referendum rights under section seven, article twenty-two-c, chapter twenty-nine of the Code of West Virginia and voted to approve racetrack video lottery and table games at their respective racetrack facilities based on the promise that a portion of the revenues generated would be used to preserve and protect live racing, as well as promote the industry of breeding thoroughbred horses and greyhounds, while creating green space; and

            Whereas, Invariably, after five years, section seven, article twenty-two-c, chapter twenty-nine of the Code of West Virginia also provides for a subsequent local county referendum to revisit the decision by local voters to approve casino style gaming at racetrack venues; and

            Whereas, The "racinos" in West Virginia not only employ thousands of West Virginians and generate hundreds of millions of dollars of revenue for state government, the statutory structure by which they are licensed and operate has fostered the development of an industry of live racing and breeding of thoroughbreds and greyhounds, as provided for in the statute; and

            Whereas, Many individuals, companies, partnerships and entities have made and continue to make substantial investments in West Virginia, based on the statutory framework designed to preserve and protect live racing and promote the industry of breeding of thoroughbred horses and greyhound racing stock; and

            Whereas, In addition to supplementing racing and local governments, moneys generated by gaming at our state's racetracks have been used to bolster our state's general revenue fund as well as the state’s Development Office Promotion Fund, debt reduction funds, State Capitol improvements, the Division of Tourism, finance public school construction through the West Virginia School Building Authority, fund the Promise Scholarship Program, contribute to racetrack employee pensions and capital improvements for racetrack facilities; and

            Whereas, West Virginia's racino model proved most successful, becoming a reliable source of income for the state, but now the model is confronted with declining levels of performance for West Virginia; and

            Whereas, Until recent years, West Virginia's four racinos benefitted from modest market competition in neighboring states, thereby claiming a large portion of the gaming market east of the Mississippi River; and

            Whereas, Our surrounding states have learned from our successful gaming regulations and have implemented similar models, allowing for new casino properties to open near to West Virginia's borders in Ohio, Pennsylvania and Maryland; and

            Whereas, Though West Virginia’s four "racinos" once enjoyed little competition for regional gaming dollars, there are now approximately 20 new casinos in neighboring states with which West Virginia's"racinos" must compete for revenues and others under yet to become active which increases the competition for regional gaming dollars; and

            Whereas, Due to this competition, racing and gaming revenues upon which our state has become so dependent are decreasing at a rapid pace which creates a diminishing amount of money for all of the distributees of money generated by "racinos" and allocated in accordance with current law; and

            Whereas, In addition to the loss of revenues for the state, the jobs of thousands of West Virginia families who rely on the live racing and gaming industries for their livelihood are also at risk; and

            Whereas, The time has come to revisit our racing and gaming industry structure to determine a course of action that is in the best interest of West Virginia and its people, therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to establish a select committee consisting of ten members, five being from the House of Delegates and five being from the Senate, with no more than three members from each house from a single political party, to be responsible for a comprehensive study of West Virginia's racing and gaming industries as provided herein, including making recommendations and coordinating professional services procured in furtherance of the objectives herein described; and, be it

            Further Resolved, That the Select Committee to be established by the Joint Committee on Government and Finance is hereby requested to perform a comprehensive study of West Virginia's racing and gaming industries, which shall include, but not be limited to: (1) A review of all related laws, rules and regulations associated with all facets of live racing of greyhounds and thoroughbred horses, with recommendations for the modernization and streamlining of the same; (2) a review of all laws, rules and regulations associated with the business of both greyhound breeding and thoroughbred breeding, with recommendations for modernization and streamlining of the same; (3) a comprehensive review of the flow of revenues generated from racetrack video lottery, table games and any other sources contributing to money administered by the West Virginia Lottery in the form of excess lottery proceeds as a means of information for state policymakers; (4) a comprehensive investigation of appropriate governing structures for live racing and gaming activities from neighboring jurisdictions and beyond, with a recommendation of revisions and/or statutory overhaul of the governance of all forms of gaming in West Virginia, including general lottery, adult video lottery, racetrack video lottery and table games; (5) a comparative analysis of the job functions of the West Virginia Racing Commissions with comparable agencies in jurisdictions with a similar racing presence to determine the appropriateness of staff and funding levels with recommendations as to appropriate levels of each; (6) an analysis of the staff and funding levels associated with administration of all facets of the West Virginia Lottery, recognizing its unique configuration of administering conventional lottery operations, adult video lottery, racetrack video lottery and table games, and recommendations for economizing the operations of the West Virginia Lottery consistent with best industry practices; (7) an analysis of innovative and creative additions to West Virginia's gaming mix, including: innovative and creative ways to more efficiently and profitably administer West Virginia’s gaming activities, ways to provide for convenient consumer access to products offered within the array of gaming products offered by West Virginia, ways to provide policymakers with the status of internet gaming in West Virginia, and ways to identify any and all prospects which may enhance revenue generation by the entirety of West Virginia's gaming activities of all descriptions through new and additional games or manner of delivery of products to the lottery and gaming consuming public; and (8) the continuing legal effects, if any, of referendums on gaming heretofore undertaken to approve such in Jefferson, Hancock, Ohio and Kanawha counties, as well as the legal effects, if any, to reexercise those rights as provided by statute; and to provide any and all suggestions for the improvement, modernization, efficiency and economization of West Virginia's entire complement of gaming activities, including live racing; and, be it

            Further Resolved, That stakeholder representatives in all facets of West Virginia’s gaming industry of lottery, "racinos", live racing, greyhound breeding and thoroughbred breeding be actively engaged as part of any study process; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2016, 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.

            Which, under the rules, lies over one day.

            Senators Sypolt, Williams, Prezioso, Stollings and Plymale offered the following resolution:

            Senate Resolution No. 55--Designating March 11, 2015, as Preston County Day at the Legislature.

            Whereas, Preston County was formed from Monongalia County on January 18, 1818, and was named after then-governor of Virginia James Patton Preston; and

            Whereas, Preston County was developed by a small group of settlers in the mid-1700s and has grown to a present-day population of approximately 34,000 people and continues to grow; and

            Whereas Preston County has a rich cultural heritage and, in the town of Terra Alta, hosts the oldest Independence Day celebration in West Virginia; and

            Whereas, First Lady Eleanor Roosevelt served as the force behind Preston County’s Arthurdale, the nation’s first New Deal Homestead Community, which became known as Eleanor’s Little Village; and

            Whereas, Numerous Preston County natives and residents have answered the call for service in World Wars I and II, the Korean War, the Vietnam Conflict, Desert Storm, the Iraq War and other duty posts; and

            Whereas, During the Great Depression, Preston County farmers grew buckwheat as an "insurance crop" because of its short growing season and good quality; and

            Whereas, Preston County buckwheat provided sustenance for many citizens throughout the harsh winter months and this harvest has been celebrated since 1938 at the annual Preston County Buckwheat Festival, one of West Virginia’s oldest and most beloved state festivals; and

            Whereas, Preston County offers a dedicated work force and one of the lowest unemployment rates in West Virginia; and

            Whereas, Preston County hosts a great diversity of agricultural, mineral and timber wealth and attracted new business developments in these industries throughout 2014; and

            Whereas, Preston County makes vital contributions to the economy of West Virginia, particularly in agriculture, timber, health care, technology, tourism and historic preservation; and

            Whereas, Preston County businesses and citizens, both past and present, contribute to the heritage and economic success of Preston County; and

            Whereas, The citizens of Preston County travel to the State Capitol on an annual basis during the legislative session to participate in the democratic process, in which they share their accomplishments, aspirations and concerns with lawmakers; and,

            Whereas, It is fitting to recognize Preston County for its history, culture, economy and future development in the State of West Virginia; therefore, be it

            Resolved by the Senate:

            That the Senate hereby designates March 11, 2015, as Preston County Day at the Legislature; and, be it

            Further Resolved, That the Senate acknowledges the many important contributions the citizens and businesses of Preston County make in the State of West Virginia and encourages those citizens to continue to participate in the democratic process; and, be it

            Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives from Preston County.

            At the request of Senator Sypolt, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.

            On motion of Senator Carmichael, the Senate recessed for one minute.

            Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.

            Senators Plymale, Woelfel, Beach, Blair, Boley, Boso, Carmichael, Cole (Mr. President), Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams and Yost offered the following resolution:

            Senate Resolution No. 56--Memorializing the life of the Honorable Mack Clarkson Jarrell, former member of the West Virginia Senate, veteran, teacher, doctor and dedicated public servant.

            Whereas, Mack Clarkson Jarrell was born on April 11, 1926, in Ceredo, Wayne County, West Virginia; and

            Whereas, Mack Clarkson Jarrell attended Ceredo-Kenova High School in Wayne County and graduated early to join the United States Navy as a cadet at the University of Virginia - Richmond; and

            Whereas, Mack Clarkson Jarrell served in the Navy in the Pacific Theater in World War II and also served during the Korean Conflict; and

            Whereas, Mark Clarkson Jarrell furthered his education at Marshall University, the Chicago College of Podiatric Medicine and at Ohio State University, and earned the degree of Doctor of Podiatric Medicine; and

            Whereas, While practicing podiatry, Mack Clarkson Jarrell also taught at South Point High School; and

            Whereas, Mark Clarkson Jarrell, known as "Doc" to his friends, also served his community as a member of the Ceredo City Council and as an active member of many benevolent organizations; and

            Whereas, Mack Clarkson Jarrell was elected to the West Virginia Senate from the fifth senatorial district in 1984 and served as Democratic Majority Whip before he retired in 1988; and

            Whereas, Sadly, the Honorable Mack Clarkson Jarrell passed away in August, 2014, at the age of eighty-eight in Huntington, West Virginia, leaving behind a host of family and friends to cherish his memory; and

            Whereas, It is most fitting that the West Virginia Senate pay tribute to the life of the Honorable Mack Clarkson "Doc" Jarrell and honor his legacy of public service to his community, state and country; therefore, be it

            Resolved by the Senate:

            That the Senate hereby memorializes the life of the Honorable Mack Clarkson Jarrell, former member of the West Virginia Senate, veteran, teacher, doctor and dedicated public servant; and, be it

            Further Resolved, That the Senate extends its deepest sympathies to the family and friends of the Honorable Mack Clarkson Jarrell on his passing; and, be it

            Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the family of the Honorable Mack Clarkson Jarrell.

            At the request of Senator Plymale, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.

            On motion of Senator Carmichael, the Senate recessed for one minute.

            Upon expiration of the recess, the Senate reconvened.

            On motion of Senator Carmichael, the Senate recessed until 12:45 p.m. today.

            Upon expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.

            Senate Concurrent Resolution No. 51, Requesting DOH name bridge in Boone County "U. S. Army PFC Samuel C. Ball Memorial Bridge".

            On unfinished business, coming up in regular order, was reported by the Clerk.

            The question being on the adoption of the resolution, the same was put and prevailed.

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

            Senate Concurrent Resolution No. 52, Requesting Board of Education study teacher preparation programs.

            On unfinished business, coming up in regular order, was reported by the Clerk.

            The question being on the adoption of the resolution, the same was put and prevailed.

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

            Senate Concurrent Resolution No. 53, Requesting DOH name bridge in Randolph County "U. S. Army PFC Samuel Reed Summerfield Memorial Bridge".

            On unfinished business, coming up in regular order, was reported by the Clerk.

            The question being on the adoption of the resolution, the same was put and prevailed.

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

            Senate Concurrent Resolution No. 54, Requesting DOH name stretch of road in Logan County "USMC LCpl Larry G. Williamson Memorial Highway".

            On unfinished business, coming up in regular order, was reported by the Clerk.

            The question being on the adoption of the resolution, the same was put and prevailed.

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

            Senate Concurrent Resolution No. 55, Requesting DOH name section of road in Logan County "U. S. Army SP4 Terry Robert Albright Memorial Road".

            On unfinished business, coming up in regular order, was reported by the Clerk.

            The question being on the adoption of the resolution, the same was put and prevailed.

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

            Senate Concurrent Resolution No. 56, Requesting DOH name section of road in Logan County "U. S. Army Colonel Anna M. Butcher Road".

            On unfinished business, coming up in regular order, was reported by the Clerk.

            The question being on the adoption of the resolution, the same was put and prevailed.

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

            Senate Concurrent Resolution No. 60, Requesting DOH name bridge in Logan County "U. S. Army SGT Bernard C. Maynard Memorial Bridge".

            On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.

            Com. Sub. for House Concurrent Resolution No. 4, The US Army PFC Clarence Allen Mooney Memorial Bridge.

            On unfinished business, coming up in regular order, was reported by the Clerk.

            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.

            Com. Sub. for House Concurrent Resolution No. 9, The U. S. Air Force Lt. Col. John Richard "Toots" Wilcox Memorial Bridge.

            On unfinished business, coming up in regular order, was reported by the Clerk.

            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.

            Com. Sub. for House Concurrent Resolution No. 19, The U. S. Army SGT Bobby Ray Adkins Memorial Highway.

            On unfinished business, coming up in regular order, was reported by the Clerk.

            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.

            Com. Sub. for House Concurrent Resolution No. 28, The USMC Cpl Marple W. Landes and US Army PV2 Margel S. Landes Memorial Bridge.

            On unfinished business, coming up in regular order, was reported by the Clerk.

            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.

            Com. Sub. for House Concurrent Resolution No. 35, The Historic Blue-Gray Highway.

            On unfinished business, coming up in regular order, was reported by the Clerk.

            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.

            The Senate proceeded to the eighth order of business.

            Eng. Com. Sub. for House Bill No. 2011, Relating to disbursements from the Workers' Compensation Fund where an injury is self inflicted or intentionally caused by the employer.

            On third reading, coming up in regular order, was read a third time and put upon its passage.

            On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--31.

            The nays were: Romano and Snyder--2.

            Absent: Miller--1.

            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. 2011) passed.

            At the request of Senator Trump, 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 Trump, the following amendment to the title of the bill was reported by the Clerk and adopted:

            Eng. Com. Sub. for House Bill No. 2011--A Bill to amend and reenact §23-4-2 of the Code of West Virginia, 1931, as amended, relating generally to a workplace employee injury caused by the deliberate intention of the employer required for the employer to lose immunity from a lawsuit; defining actual knowledge; eliminating obsolete language referring to the West Virginia Workers Compensation Fund and board of managers; establishing standards related to blood tests administered after accident; providing that intoxication shown by a positive blood test for alcohol or drugs that meet certain thresholds is the proximate cause of any injury; clarifying provisions outlining who may assert claims on behalf of an employee under this section; requiring that a claim for worker’s compensation benefits be filed prior to bringing a cause of action under this section unless good cause is shown; providing that actual knowledge must be specifically proven by the employee or other person seeking to recover under this section and shall not be deemed or presumed; providing an employee may prove actual knowledge by evidence of an employer’s intentional or deliberate failure to conduct a legally required inspection, audit or assessment; establishing actual knowledge is not established by what an employee’s immediate supervisor or management personnel should have known had they exercised reasonable care or been more diligent; establishing that proof of actual knowledge of prior accidents, near misses, safety complaints or citations must be proven by documentary or other credible evidence; defining a commonly accepted and well-known safety standard within the industry or business of the employer; exempting certain codes or standards from applying to volunteer fire departments, municipal fire departments and emergency medical response personnel if those entities have followed rules promulgated by the Fire Commission; requiring that if the unsafe working condition relates to a violation of a state or federal safety provision that safety provision must address the specific work, working conditions and hazards involved; establishing that the applicability of state or federal safety provisions is a matter for judicial determination; defining generally serious compensable injury; establishing four categories of serious compensable injury including an injury rated at a whole person impairment of at least thirteen percent (13%) and other threshold requirements, an injury or condition likely to result in death within eighteen (18) months from the date of the filing of the complaint, an injury not capable of whole person impairment if it causes permanent serious disfigurement, causes permanent loss or significant impairment of function of any bodily organ or system, or results in objectively verifiable bilateral or multi-level dermatomal radiculopathy and is not a physical injury that has no objective medical evidence to support a diagnosis, or if an employee suffers from complicated pneumoconiosis or pulmonary massive fibrosis and that condition has resulted in an impairment rating of at least fifteen percent (15%); establishing certification requirements for the categories of serious compensable injury; requiring that a verified statement submitted from a person with knowledge and expertise of the workplace safety, statutes, rules, regulations and consensus industry standards specifically applicable to the industry and workplace involved in an injury be served with any complaint asserting certain causes of action brought under this section; providing for the minimum contents of the required verified statement; limiting the use of the required verified statement during litigation; providing for consideration of bifurcation of discovery in certain circumstances; and establishing the venue in which claims under this section may be brought.

            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. 2128, Permitting those individuals who have been issued concealed weapons permits to keep loaded firearms in their motor vehicles on the State Capitol Complex grounds.

            On third reading, coming up in regular order, was read a third time and put upon its passage.

            On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.

            The nays were: None.

            Absent: Miller--1.

            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. 2128) 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. 2128--A Bill to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as amended, relating to permitting those individuals who hold a valid current concealed weapons permit to keep firearms in their motor vehicles on the State Capitol Complex grounds if the vehicle is locked and the weapon is out of normal view.

            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. 2283, Authorizing the Department of Environmental Protection to promulgate legislative rules.

            On third reading, coming up in regular order, was read a third time and put upon its passage.

            On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.

            The nays were: None.

            Absent: Miller--1.

            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. 2283) 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. 2283--A Bill to amend and reenact article three, chapter sixty-four of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Environmental Protection; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources for the prevention of significant deterioration of air quality; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements for operating permits; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the awarding of WV Stream Partners Program Grants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the hazardous waste management system; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing water quality standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the WV/NPDES rule for coal mining facilities; and authorizing the Department of Environmental Protection to promulgate a legislative rule relating to waste management.

            Senator Carmichael moved that the bill take effect from passage.

            On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.

            The nays were: None.

            Absent: Miller--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 H. B. No. 2283) 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. 2381, Providing a teacher mentoring increment for classroom teachers with national board certification who teach and mentor at certain schools.

            On third reading, coming up in regular order, was read a third time and put upon its passage.

            On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.

            The nays were: None.

            Absent: Miller--1.

            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. 2381) passed with its title.

            Senator Carmichael moved that the bill take effect July 1, 2015.

            On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.

            The nays were: None.

            Absent: Miller--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 H. B. No. 2381) takes effect July 1, 2015.

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

            Eng. Com. Sub. for House Bill No. 2478, Relating to public school finance.

            On third reading, coming up in regular order, with the unreported committee amendments pending, and with the right having been granted on yesterday, Tuesday, March 10, 2015, for further amendments to be received on third reading, was 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 §18-9A-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 9A. PUBLIC SCHOOL SUPPORT.

§18-9A-7. Foundation allowance for transportation cost.

            (a) The allowance in the foundation school program for each county for transportation shall be the sum of the following computations:

            (1) A percentage of the transportation costs incurred by the county for maintenance, operation and related costs exclusive of all salaries, including the costs incurred for contracted transportation services and public utility transportation, as follows:

            (A) For each high-density county, eighty-seven and one-half percent;

            (B) For each medium-density county, ninety percent;

            (C) For each low-density county, ninety-two and one-half percent;

            (D) For each sparse-density county, ninety-five percent;

            (E) For any county for the transportation cost for maintenance, operation and related costs, exclusive of all salaries, for transporting students to and from classes at a multicounty vocational center, the percentage provided in paragraphs (A) through (D) of this subdivision as applicable for the county plus an additional ten percent; and

            (F) For any county for that portion of its school bus system that uses as an alternative fuel compressed natural gas or propane, the percentage provided in paragraphs (A) through (D) of this subdivision as applicable for the county plus an additional ten percent: Provided, That for any county receiving an additional ten percent for that portion of their bus system using bio-diesel as an alternative fuel during the school year 2012-2013, bio-diesel shall continue to qualify as an alternative fuel under this paragraph to the extent that the additional percentage applicable to that portion of the bus system using bio-diesel shall be decreased by two and one-half percent per year for four consecutive school years beginning in school year 2014-2015: Provided, however, That any county using an alternative fuel and qualifying for the additional allowance under this subdivision shall submit a plan regarding the intended future use of alternatively fueled school buses;

            (2) The total cost, within each county, of insurance premiums on buses, buildings and equipment used in transportation;

            (3) An amount equal to eight and one-third percent of the current replacement value of the bus fleet within each county as determined by the state board: Provided, That the amount for the school year beginning July 1, 2015 will be $17,815,268. The amount shall only be used for the replacement of buses. Buses purchased after July 1, 1999 that are driven one hundred eighty thousand miles, regardless of year model, will be subject to the replacement value of eight and one-third percent as determined by the state board. In addition, in any school year in which its net enrollment increases when compared to the net enrollment the year immediately preceding, a school district may apply to the state superintendent for funding for an additional bus or buses. The state superintendent shall make a decision regarding each application based upon an analysis of the individual school district’s net enrollment history and transportation needs: Provided, That the superintendent shall not consider any application which fails to document that the county has applied for federal funding for additional buses. If the state superintendent finds that a need exists, a request for funding shall be included in the budget request submitted by the state board for the upcoming fiscal year; and

            (4) Aid in lieu of transportation equal to the state average amount per pupil for each pupil receiving the aid within each county.

            (b) The total state share for this purpose shall be is the sum of the county shares: Provided, That no county shall receive an allowance which is greater than one-third above the computed state average allowance per transportation mile multiplied by the total transportation mileage in the county exclusive of the allowance for the purchase of additional buses.

            (c) One half of one percent of the transportation allowance distributed to each county shall be for the purpose of trips related to academic classroom curriculum and not related to any extracurricular activity. Any remaining funds credited to a county for the purpose of trips related to academic classroom curriculum during the fiscal year shall be carried over for use in the same manner the next fiscal year and shall be separate and apart from, and in addition to, the appropriation for the next fiscal year. The state board may request a county to document the use of funds for trips related to academic classroom curriculum if the board determines that it is necessary.

            On motion of Senator Kessler, the following amendments to the bill (Eng. Com. Sub. for H. B. No. 2478) were reported by the Clerk and considered simultaneously:

            On page one, before the article caption, by inserting the following:

CHAPTER 18. EDUCATION.;

            On page three, after subsection (c), by adding the following:

CHAPTER 18A. SCHOOL PERSONNEL.

ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.

§18A-4-1b. Salary increase for teachers in 2015.

            The Legislature hereby finds that in order to provide a quality free education to the children of West Virginia, we must pay teachers a competitive salary. Paying teachers a competitive salary will ensure that we are able to keep the best and brightest teachers here in West Virginia, rather than leaving for additional pay in another state. Paying teachers a competitive salary will also provide an incentive for students choosing a career to give further consideration to teaching. Paying teachers a competitive salary will create an additional reason that a strong teacher from another area of the country may choose to move to West Virginia and teach in our school system. Accordingly, the Legislature further finds that it is imperative to the well-being of the state that we increase teacher salaries in order to provide our students with the best possible education. Therefore, the beginning July 1, 2015, the state minimum salaries for teachers shall be in accordance with section two of this article, plus an additional $2,000. The Legislature shall continue to strive to increase salaries for teachers so that we are competitive with our surrounding states and able to recruit and retain the best educators for the students of West Virginia.;

            And,

            By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:

            That §18-9A-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §18A-4-1b, all to read as follows:.

            Following discussion,

            The question being on the adoption of Senator Kessler’s amendments to the bill, and on this question, Senator Kessler demanded the yeas and nays.

            The roll being taken, the yeas were: Beach, Facemire, Kessler, Kirkendoll, Laird, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Unger, Williams, Woelfel and Yost--15.

            The nays were: Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Leonhardt, Maynard, Mullins, Nohe, Sypolt, Takubo, Trump, Walters and Cole (Mr. President)--18.

            Absent: Miller--1.

            So, a majority of those present and voting not having voted in the affirmative, the President declared Senator Kessler’s amendments to the bill rejected.

            The question now being on the adoption of the Finance committee amendment to the bill, the same was put and prevailed.

            Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2478), as just amended by the Committee on Finance, was then read a third time and put upon its passage.

            On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Stollings, Takubo, Trump, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--28.

            The nays were: Facemire, Romano, Snyder, Sypolt and Unger--5.

            Absent: Miller--1.

            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. 2478) passed.

            At the request of Senator Sypolt, as chair of the Committee on Education, and by unanimous consent, the unreported Education committee amendment to the title of the bill was withdrawn.

            The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:

            Eng. Com. Sub. for House Bill No. 2478--A Bill to amend and reenact §18-9A-7 of the Code of West Virginia, 1931, as amended, relating to the foundation allowance for public education transportation cost; including propane as an eligible fuel for the ten percent additional percentage allowance for school bus systems using alternative fuels; and fixing the amount to be used for the replacement of buses for the school year beginning July 1, 2015.

            Senator Carmichael moved that the bill take effect July 1, 2015.

            On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Stollings, Takubo, Trump, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--28.

            The nays were: Facemire, Romano, Snyder, Sypolt and Unger--5.

            Absent: Miller--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 H. B. No. 2478) takes effect July 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. 2502, Possessing deadly weapons on school buses or on the premises of educational facilities.

            On third reading, coming up in regular order, was read a third time and put upon its passage.

            On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.

            The nays were: None.

            Absent: Miller--1.

            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. 2502) 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. 2536, Relating to travel insurance limited lines producers.

            On third reading, coming up in regular order, was read a third time and put upon its passage.

            On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.

            The nays were: None.

            Absent: Miller--1.

            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. 2536) 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. 2557, Clarifying that an insured driver of a motor vehicle is covered by the driver's auto insurance policy when renting or leasing a vehicle.

            On third reading, coming up in regular order, was read a third time and put upon its passage.

            On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.

            The nays were: None.

            Absent: Miller--1.

            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. 2557) passed.

            The following amendment to the title of the bill, from the Committee on Banking and Insurance, was reported by the Clerk and adopted:

            Eng. Com. Sub. for House Bill No. 2557--A Bill to amend and reenact §33-6-29 of the Code of West Virginia, 1931, as amended, relating generally to security and insurance coverage provided for rented or leased motor vehicles; providing that security maintained on any motor vehicle owned by any person, firm or corporation engaged in the business of renting or leasing the motor vehicle is secondary to coverage under certain motor vehicle liability insurance or other form of security that is available and in effect for an individual with respect to the renting, leasing, operation, maintenance or use of the motor vehicle; and providing that any liability insurance purchased for additional consideration from the rental or leasing company shall be primary to other available insurance.

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

            Eng. House Bill No. 2606, Clarifying the potential sentence for disorderly conduct.

            On third reading, coming up in regular order, was read a third time and put upon its passage.

            On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.

            The nays were: None.

            Absent: Miller--1.

            So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2606) passed with its title.

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

            Eng. House Bill No. 2627, Providing protection against property crimes committed against coal mines, utilities and other industrial facilities.

            On third reading, coming up in regular order, was read a third time and put upon its passage.

            On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--32.

            The nays were: Karnes--1.

            Absent: Miller--1.

            So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2627) 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. 2627--A Bill to amend and reenact §61-3-29 of the Code of West Virginia, 1931, as amended, relating to prohibiting damage to property of railroads, public utilities and certain production storage and distribution facilities; adding waste management facilities, storage facilities and timber operations to the protected parties; prohibiting destruction, damage or removal of property resulting in impairment to the normal, safe operation of those facilities; providing criminal penalties; and clarifying persons convicted of section are subject to restitution.

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

            Eng. House Bill No. 2628, Changing the date of filing announcements of candidacies.

            On third reading, coming up in regular order, was read a third time and put upon its passage.

            On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.

            The nays were: None.

            Absent: Miller--1.

            So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2628) 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. 2628--A Bill to amend and reenact §3-5-7 and §3-5-19 of the Code of West Virginia, 1931, as amended, all relating to filling vacancies in nominations; changing the first date to file certificates of announcement to the first Monday after January 1; and changing the date by which party executive committees may fill vacancies in nomination caused by the failure of a candidate to file for an office.

            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. 2652, Reducing the assessment paid by hospitals to the Health Care Authority.

            On third reading, coming up in regular order, was read a third time and put upon its passage.

            On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.

            The nays were: None.

            Absent: Miller--1.

            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. 2652) 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. 2652--A Bill to amend and reenact §16-29B-8 of the Code of West Virginia, 1931, as amended, relating to annual assessments on hospitals by the West Virginia Health Care Authority; and changing the basis for the annual assessment.

            Senator Carmichael moved that the bill take effect from passage.

            On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.

            The nays were: None.

            Absent: Miller--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 H. B. No. 2652) takes effect from passage.

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

            Eng. House Bill No. 2658, Relating to the inspection and slaughter of nontraditional agriculture.

            On third reading, coming up in regular order, was read a third time and put upon its passage.

            On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.

            The nays were: None.

            Absent: Miller--1.

            So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2658) 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. 2790, Relating to minimum responsibility limits of car insurance.

            On third reading, coming up in regular order, was read a third time and put upon its passage.

            On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Laird, Leonhardt, Maynard, Mullins, Nohe, Plymale, Prezioso, Sypolt, Takubo, Trump, Unger, Walters, Williams, Yost and Cole (Mr. President)--25.

            The nays were: Facemire, Kessler, Kirkendoll, Palumbo, Romano, Snyder, Stollings and Woelfel--8.

            Absent: Miller--1.

            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. 2790) passed with its title.

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

            Eng. House Bill No. 2888, Allowing the use of rotary drum composters to destroy or dispose of the carcass of any animal to prevent the spread of disease.

            On third reading, coming up in regular order, was read a third time and put upon its passage.

            On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.

            The nays were: None.

            Absent: Miller--1.

            So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2888) passed with its title.

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

            Eng. Com. Sub. for House Bill No. 2902, West Virginia ABLE 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: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.

            The nays were: None.

            Absent: Miller--1.

            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. 2902) 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. 2968, Exempting from property tax certain properties in this state owned by nonprofit youth organizations.

            On third reading, coming up in regular order, was read a third time and put upon its passage.

            On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.

            The nays were: None.

            Absent: Miller--1.

            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. 2968) passed with its title.

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

            The Senate proceeded to the ninth order of business.

            Eng. Com. Sub. for House Bill No. 2098, Authorizing those health care professionals to provide services to patients or residents of state-run veterans' facilities without obtaining an authorization to practice.

            On second reading, coming up in regular order, was read a second time.

            The following amendments to the bill, from the Committee on Health and Human Resources, were reported by the Clerk, considered simultaneously, and adopted:

            On page two, section eleven-b, line one, by striking out the word “shall” and inserting in lieu thereof the words “is authorized and encouraged to the best of its ability to”;

            And,

            On page three, section twelve-c, line one, by striking out the word “shall” and inserting in lieu thereof the words “is authorized and encouraged to the best of its ability to”.

            The bill (Eng. Com. Sub. for H. B. No. 2098), as amended, was then ordered to third reading.

            Eng. Com. Sub. for House Bill No. 2139, Relating to employment of retired teachers as substitutes in areas of critical need and shortage for substitutes.

            On second reading, coming up in regular order, was read a second time and ordered to third reading.

            Eng. Com. Sub. for House Bill No. 2148, Conforming the motor vehicle law of this state to the requirements of section 1405 of the federal Transportation Equity Act for the Twenty-first Century.

            On second reading, coming up in regular order, was read a second time and ordered to third reading.

            Eng. Com. Sub. for House Bill No. 2187, Encouraging public officials to display the national motto on all public property and public buildings.

            On second reading, coming up in regular order, was read a second time and ordered to third reading.

            Eng. House Bill No. 2224, Providing that historical reenactors are not violating the provision prohibiting unlawful military organizations.

            On second reading, coming up in regular order, was read a second time and ordered to third reading.

            Eng. Com. Sub. for House Bill No. 2366, Relating generally to the solicitation of minors.

            On second reading, coming up in regular order, was read a second time.

            At the request of Senator Trump, and by unanimous consent, the bill was advanced to third reading with the unreported Judiciary committee amendment pending and with the right for further amendments to be considered on that reading.

            Eng. House Bill No. 2370, Increasing the powers of regional councils for governance of regional education service agencies.

            On second reading, coming up in regular order, was read a second time and ordered to third reading.

            Eng. Com. Sub. for House Bill No. 2377, Authorizing State Board of Education to approve certain alternatives with respect to instructional time.

            On second reading, coming up in regular order, was read a second time and ordered to third reading.

            Eng. House Bill No. 2461, Relating to delinquency proceedings of insurers.

            On second reading, coming up in regular order, was read a second time and ordered to third reading.

            Eng. Com. Sub. for House Bill No. 2493, Relating to requirements for insurance policies and contracts providing accident and sickness insurance or direct health care services that cover anti-cancer medications.

            On second reading, coming up in regular order, was read a second time and ordered to third reading.

            Eng. Com. Sub. for House Bill No. 2496, Adopting the Interstate Medical Licensure Compact.

            On second reading, coming up in regular order, was read a second time and ordered to third reading.

            Eng. House Bill No. 2595, Relating to certificates of need for the development of health facilities in this state.

            On second reading, coming up in regular order, was read a second time and ordered to third reading.

            Eng. House Bill No. 2608, Cleaning up redundant language in the statute relating to misdemeanor offenses for violation of protective orders.

            On second reading, coming up in regular order, was read a second time and ordered to third reading.

            Eng. House Bill No. 2625, Continuing the current hazardous waste management fee.

            On second reading, coming up in regular order, was read a second time and ordered to third reading.

            Eng. Com. Sub. for House Bill No. 2662, Eye Care Consumer Protection Law.

            On second reading, coming up in regular order, was read a second time and ordered to third reading.

            Eng. House Bill No. 2733, Removing certain combinations of drugs containing hydrocodone from Schedule III of the controlled substances law.

            On second reading, coming up in regular order, was read a second time and ordered to third reading.

            Eng. House Bill No. 2780, Enhancing the ability of campus police officers at public colleges to perform their duties.

            On second reading, coming up in regular order, was read a second time and ordered to third reading.

            Eng. Com. Sub. for House Bill No. 2793, Relating to exemptions from mandatory school attendance.

            On second reading, coming up in regular order, was read a second time.

            At the request of Senator Prezioso, and by unanimous consent, the bill was advanced to third reading with the unreported Education committee amendments pending and with the right for further amendments to be considered on that reading.

            Eng. House Bill No. 2797, Changing the term "mentally retarded" to "intellectually disabled;" and changing the term "handicapped" to "disabled".

            On second reading, coming up in regular order, was read a second time and ordered to third reading.

            Eng. Com. Sub. for House Bill No. 2867, Requiring recommendations for higher education course credit transfer.

            On second reading, coming up in regular order, was read a second time.

            The following amendments to the bill, from the Committee on Education, were reported by the Clerk, considered simultaneously, and adopted:

            On page two, section two, line twelve, after the word “state.” by inserting the following: When developing policy regarding transfer affecting private institutions, the commission and council shall consult with at least two representatives from the private higher education institutions.;

            On page two, section two, line thirteen, after the word “recommendations” by inserting the words “on public higher education institutions”; 

            And,

            On page three, section two, line fifteen, after “2015.” by inserting the following: The commission and council shall report the recommendations on private higher education institutions to the Legislative Oversight Commission on Education Accountability by December 1, 2017.

            The bill (Eng. Com. Sub. for H. B. No. 2867), as amended, was then ordered to third reading.

            Eng. House Bill No. 2884, Modifying training and development requirement for certain members of certain higher education boards.

            On second reading, coming up in regular order, was read a second time and ordered to third reading.

            Eng. House Bill No. 2892, Authorizing certain legislative rules regarding higher education.

            On second reading, coming up in regular order, was read a second time and ordered to third reading.

            Eng. House Bill No. 2931, Adding drugs to the classification of schedule I drugs.

            On second reading, coming up in regular order, was read a second time and ordered to third reading.

            Eng. Com. Sub. for House Bill No. 2939, Relating to requirements for mandatory reporting of sexual offenses on school premises involving students.

            On second reading, coming up in regular order, was read a second time.

            The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:

            By striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.

§49-1-201. Definitions related, but not limited, to child abuse and neglect.

            When used in this chapter, terms defined in this section have the meanings ascribed to them that relate to, but are not limited to, child abuse and neglect, except in those instances where a different meaning is provided or the context in which the word is used clearly indicates that a different meaning is intended.

            “Abandonment” means any conduct that demonstrates the settled purpose to forego the duties and parental responsibilities to the child;

            "Abused child" means a child whose health or welfare is being harmed or threatened by:

            (A) A parent, guardian or custodian who knowingly or intentionally inflicts, attempts to inflict or knowingly allows another person to inflict, physical injury or mental or emotional injury, upon the child or another child in the home. Physical injury may include an injury to the child as a result of excessive corporal punishment;

            (B) Sexual abuse or sexual exploitation;

            (C) The sale or attempted sale of a child by a parent, guardian or custodian in violation of section fourteen-h, article two, chapter sixty-one of this code; or

            (D) Domestic violence as defined in section two hundred two, article twenty-seven, chapter forty-eight of this code.

            "Abusing parent" means a parent, guardian or other custodian, regardless of his or her age, whose conduct has been adjudicated by the court to constitute child abuse or neglect as alleged in the petition charging child abuse or neglect.

            "Battered parent," for the purposes of part six, article four of this chapter, means a respondent parent, guardian, or other custodian who has been adjudicated by the court to have not condoned the abuse or neglect and has not been able to stop the abuse or neglect of the child or children due to being the victim of domestic violence as defined by section two hundred two, article twenty-seven, chapter forty-eight of this code which was perpetrated by the same person or persons determined to have abused or neglected the child or children.

            "Child abuse and neglect services" means social services which are directed toward:

            (A) Protecting and promoting the welfare of children who are abused or neglected;

            (B) Identifying, preventing and remedying conditions which cause child abuse and neglect;

            (C) Preventing the unnecessary removal of children from their families by identifying family problems and assisting families in resolving problems which could lead to a removal of children and a breakup of the family;

            (D) In cases where children have been removed from their families, providing time-limited reunification services to the children and the families so as to reunify those children with their families or some portion thereof;

            (E) Placing children in suitable adoptive homes when reunifying the children with their families, or some portion thereof, is not possible or appropriate; and

            (F) Assuring the adequate care of children or juveniles who have been placed in the custody of the department or third parties.

            "Condition requiring emergency medical treatment" means a condition which, if left untreated for a period of a few hours, may result in permanent physical damage; that condition includes, but is not limited to, profuse or arterial bleeding, dislocation or fracture, unconsciousness and evidence of ingestion of significant amounts of a poisonous substance.

            "Imminent danger to the physical well-being of the child" means an emergency situation in which the welfare or the life of the child is threatened. These conditions may include an emergency situation when there is reasonable cause to believe that any child in the home is or has been sexually abused or sexually exploited, or reasonable cause to believe that the following conditions threaten the health, life, or safety of any child in the home:

            (A) Nonaccidental trauma inflicted by a parent, guardian, custodian, sibling or a babysitter or other caretaker;

            (B) A combination of physical and other signs indicating a pattern of abuse which may be medically diagnosed as battered child syndrome;

            (C) Nutritional deprivation;

            (D) Abandonment by the parent, guardian or custodian;

            (E) Inadequate treatment of serious illness or disease;

            (F) Substantial emotional injury inflicted by a parent, guardian or custodian;

            (G) Sale or attempted sale of the child by the parent, guardian or custodian;

            (H) The parent, guardian or custodian’s abuse of alcohol or drugs or other controlled substance as defined in section one hundred one, article one, chapter sixty-a of this code, has impaired his or her parenting skills to a degree as to pose an imminent risk to a child’s health or safety; or

            (I) Any other condition that threatens the health, life, or safety of any child in the home.

            "Neglected child" means a child:

            (A) Whose physical or mental health is harmed or threatened by a present refusal, failure or inability of the child’s parent, guardian or custodian to supply the child with necessary food, clothing, shelter, supervision, medical care or education, when that refusal, failure or inability is not due primarily to a lack of financial means on the part of the parent, guardian or custodian; or

            (B) Who is presently without necessary food, clothing, shelter, medical care, education or supervision because of the disappearance or absence of the child’s parent or custodian;

            (C) "Neglected child" does not mean a child whose education is conducted within the provisions of section one, article eight, chapter eighteen of this code.

            "Petitioner or co-petitioner" means the Department or any reputable person who files a child abuse or neglect petition pursuant to section six hundred one, article four, of this chapter.

            "Permanency plan" means the part of the case plan which is designed to achieve a permanent home for the child in the least restrictive setting available.

            "Respondent" means all parents, guardians, and custodians identified in the child abuse and neglect petition who are not petitioners or co-petitioners.

            "Sexual abuse" means:

            (A) Sexual intercourse, sexual intrusion, sexual contact, or conduct proscribed by section three, article eight-c, chapter sixty-one, which a parent, guardian or custodian engages in, attempts to engage in, or knowingly procures another person to engage in with a child notwithstanding the fact that for a child who is less than sixteen years of age the child may have willingly participated in that conduct or the child may have suffered no apparent physical injury or mental or emotional injury as a result of that conduct or, for a child sixteen years of age or older the child may have consented to that conduct or the child may have suffered no apparent physical injury or mental or emotional injury as a result of that conduct; or

            (B) Any conduct where a parent, guardian or custodian displays his or her sex organs to a child, or procures another person to display his or her sex organs to a child, for the purpose of gratifying the sexual desire of the parent, guardian or custodian, of the person making that display, or of the child, or for the purpose of affronting or alarming the child. ; or

            (C) Any of the offenses proscribed in sections seven, eight or nine of article eight-b, chapter sixty-one of this code.

            “Sexual assault” means any of the offenses proscribed in section three, four or five, article eight-b, chapter sixty-one of this code.

            "Sexual contact" means sexual contact as that term is defined in section one, article eight-b, chapter sixty-one of this code.

            "Sexual exploitation" means an act where:

            (A) A parent, custodian or guardian, whether for financial gain or not, persuades, induces, entices or coerces a child to engage in sexually explicit conduct as that term is defined in section one, article eight-c, chapter sixty-one of this code; or

            (B) A parent, guardian or custodian persuades, induces, entices or coerces a child to display his or her sex organs for the sexual gratification of the parent, guardian, custodian or a third person, or to display his or her sex organs under circumstances in which the parent, guardian or custodian knows that the display is likely to be observed by others who would be affronted or alarmed.

            "Sexual intercourse" means sexual intercourse as that term is defined in section one, article eight-b, chapter sixty-one of this code.

            "Sexual intrusion" means sexual intrusion as that term is defined in section one, article eight-b, chapter sixty-one of this code.

            "Serious physical abuse" means bodily injury which creates a substantial risk of death, which causes serious or prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ.

ARTICLE 2. STATE RESPONSIBILITIES FOR CHILDREN

§49-2-803. Persons mandated to report suspected abuse and neglect; requirements.

            (a) Any medical, dental or mental health professional, Christian Science practitioner, religious healer, school teacher or other school personnel, social service worker, child care or foster care worker, emergency medical services personnel, peace officer or law-enforcement official, humane officer, member of the clergy, circuit court judge, family court judge, employee of the Division of Juvenile Services, magistrate, youth camp administrator or counselor, employee, coach or volunteer of an entity that provides organized activities for children, or commercial film or photographic print processor who has reasonable cause to suspect that a child is neglected or abused or observes the child being subjected to conditions that are likely to result in abuse or neglect shall immediately, and not more than forty-eight hours after suspecting this abuse or neglect, report the circumstances or cause a report to be made to the Department of Health and Human Resources. In any case where the reporter believes that the child suffered serious physical abuse or sexual abuse or sexual assault, the reporter shall also immediately report, or cause a report to be made, to the State Police and any law-enforcement agency having jurisdiction to investigate the complaint. Any person required to report under this article who is a member of the staff or volunteer of a public or private institution, school, entity that provides organized activities for children, facility or agency shall also immediately notify the person in charge of the institution, school, entity that provides organized activities for children, facility or agency, or a designated agent thereof, who may supplement the report or cause an additional report to be made.

            (b) Any person over the age of eighteen who receives a disclosure from a credible witness or observes any sexual abuse or sexual assault of a child, shall immediately, and not more than forty-eight hours after receiving that disclosure or observing the sexual abuse or sexual assault, report the circumstances or cause a report to be made to the Department of Health and Human Resources or the State Police or other law-enforcement agency having jurisdiction to investigate the report. In the event that the individual receiving the disclosure or observing the sexual abuse or sexual assault has a good faith belief that the reporting of the event to the police would expose either the reporter, the subject child, the reporter’s children or other children in the subject child’s household to an increased threat of serious bodily injury, the individual may delay making the report while he or she undertakes measures to remove themselves or the affected children from the perceived threat of additional harm and the individual makes the report as soon as practicable after the threat of harm has been reduced. The law-enforcement agency that receives a report under this subsection shall report the allegations to the Department of Health and Human Resources and coordinate with any other law-enforcement agency, as necessary to investigate the report.

            (c) Notwithstanding any provision of this section to the contrary any school employee who has reported or disclosed to them that a child has been sexually abused or sexually assaulted shall forthwith report same to the State Police or other law-enforcement agency having jurisdiction to investigate the alleged offence. County boards of education and private school administrators shall provide all employees with a written statement setting forth the requirement contained in this subsection and shall obtain and preserve a signed acknowledgment from school employees that they have received and understand the reporting requirement. As used in this subsection “forthwith” means without delay.

            (d) The reporting requirements contained in subsection (c) of this section specifically include reported or disclosed observed conduct involving or between students enrolled in a public or private institution of education, or involving a student and school teacher or personnel.

            (c) (e) Nothing in this article is intended to prevent individuals from reporting suspected abuse or neglect on their own behalf. In addition to those persons and officials specifically required to report situations involving suspected abuse or neglect of children, any other person may make a report if that person has reasonable cause to suspect that a child has been abused or neglected in a home or institution or observes the child being subjected to conditions or circumstances that would reasonably result in abuse or neglect.

§49-2-812. Failure to report; penalty.

            Any person, official or institution required by section eight hundred-three of this article to report a case involving a child known or suspected to be abused or neglected, or required by section eight hundred nine of this article to forward a copy of a report of serious injury, who knowingly fails to do so or knowingly prevents another person acting reasonably from doing so, is guilty of a misdemeanor and, upon conviction, shall be confined in jail not more than thirty days or fined not more than $1,000 $5,000, or both fined and confined.

            The bill (Eng. Com. Sub. for H. B. No. 2939), as amended, was then ordered to third reading.

            Eng. House Bill No. 2976, Expanding the eligible master's and doctoral level programs for which a Nursing Scholarship may be awarded.

            On second reading, coming up in regular order, was read a second time and ordered to third reading.

            Pending announcement of meetings of standing committees of the Senate,

            On motion of Senator Carmichael, the Senate recessed until 6 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 the amendment by that body, passage as amended, to take effect July 1, 2015, and requested the concurrence of the Senate in the House of Delegates amendments, as to

            Eng. Com. Sub. for Senate Bill No. 37, Creating Revised Uniform Arbitration Act.

            On motion of Senator Carmichael, the message on the bill was taken up for immediate consideration.

            The following House of Delegates amendments to the bill were reported by the Clerk:

            On page five, section two, line five, by striking out the words “and emphatic”;

            On page five, section two, lines seventeen through twenty, by striking out all of subsection (b);

            On page twenty-eight, section twenty-one, after line sixteen, by inserting a new subsection, designated subsection (c), to read as follows:

            (c) This section does not apply to an arbitration conducted or administered by a self-regulatory organization as defined by the Securities Exchange Act of 1934 (15 U. S. C. §78C), the Commodity Exchange Act (7 U. S. C. §1, et seq.) or regulations adopted under those acts.;

            And,

            On page thirty-seven, section thirty, line two, after the word “order” by inserting the words “granting or”.

            On motion of Senator Carmichael, the Senate refused to concur in the foregoing House amendments to the bill (Eng. Com. Sub. for S. B. No. 37) 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.

Executive Communications

            The Clerk then presented communications from His Excellency, the Governor, advising that on March 11, 2015, he had approved Enr. Committee Substitute for Senate Bill No. 175, Enr. Senate Bill No. 294, Enr. Committee Substitute for Senate Bill No. 351, Enr. Senate Bill No. 463, Enr. Senate Bill No. 466, Enr. Senate Bill No. 467, Enr. Senate Bill No. 469, Enr. Senate Bill No. 471, Enr. Senate Bill No. 473, Enr. Senate Bill No. 476, Enr. Senate Bill No. 477, Enr. Committee Substitute for House Bill No. 2099, Enr. Committee Substitute for House Bill No. 2157, Enr. House Bill No. 2523, Enr. House Bill No. 2760, Enr. House Bill No. 2764, Enr. House Bill No. 2770 and Enr. House Bill No. 2933.

            The Senate again proceeded to the fourth order of business.

            Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration

            Senate Concurrent Resolution No. 13, Urging Congress propose balanced budget amendment.

            And reports the same back with the recommendation that it be adopted.

                                                                        Respectfully submitted,

                                                                          Charles S. Trump IV,

                                                                            Chair.

            Senator M. Hall, from the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration

            Eng. Com. Sub. for House Bill No. 2005, Relating to alternative programs for the education of teachers.

            With amendments from the Committee on Education pending;

            Now on second reading, having been read a first time and referred to the Committee on Finance on March 9, 2015;

            And reports the same back with the recommendation that it do pass as amended by the Committee on Education to which the bill was first referred.

                                                                        Respectfully submitted,

                                                                          Mike Hall,

                                                                            Chair.

            Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration

            Eng. House Bill No. 2607, Relating to the violation of interfering with emergency services communications and clarifying penalties.

            And has amended same.

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

                                                                        Respectfully submitted,

                                                                          Charles S. Trump IV,

                                                                            Chair.

            At the request of Senator Carmichael, unanimous consent being granted, the bill (Eng. H. B. No. 2607) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

            Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration

            Eng. House Bill No. 2646, Legalizing and regulating the sale and use of fireworks.

            And has amended same.

            Now on second reading, having been read a first time and rereferred to the Committee on the Judiciary on March 10, 2015;

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

                                                                        Respectfully submitted,

                                                                          Charles S. Trump IV,

                                                                            Chair.

            Senator M. Hall, from the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration

            Eng. House Bill No. 2663, Creating the Rehabilitation Services Vending Program Fund.

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

                                                                        Respectfully submitted,

                                                                          Mike Hall,

                                                                            Chair.

            At the request of Senator Carmichael, unanimous consent being granted, the bill (Eng. H. B. No. 2663) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

            Senator M. Hall, from the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration

            Eng. Com. Sub. for House Bill No. 2674, Making home schooled students eligible for a PROMISE scholarship without taking the GED test.

            And has amended same.

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

                                                                        Respectfully submitted,

                                                                          Mike Hall,

                                                                            Chair.

            At the request of Senator Carmichael, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2674) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

            Senator Nohe, from the Committee on Banking and Insurance, submitted the following report, which was received:

            Your Committee on Banking and Insurance has had under consideration

            Eng. Com. Sub. for House Bill No. 2811, Deleting obsolete provisions regarding the Physicians' Mutual Insurance Company.

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

                                                                        Respectfully submitted,

                                                                          David Nohe,

                                                                            Chair.

            At the request of Senator Carmichael, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2811) contained in the preceding report from the Committee on Banking and Insurance was taken up for immediate consideration, read a first time and ordered to second reading.

            Senator Blair, from the Committee on Government Organization, submitted the following report, which was received:

            Your Committee on Government Organization has had under consideration

            House Concurrent Resolution No. 31, Declaring the Northern Red Salamander to be the official state amphibian.

            And reports the same back with the recommendation that it be adopted.

                                                                        Respectfully submitted,

                                                                          Craig Blair,

                                                                            Chair.

            The Senate proceeded to the sixth order of business, which agenda includes the making of main motions.

            On motion of Senator Carmichael, the Senate reconsidered the vote as to the passage of

            Eng. Com. Sub. for Com. Sub. for Senate Bill No. 30, Permitting shared animal ownership agreement to consume raw milk.

            Having been received as a message from the House of Delegates in earlier proceedings today, and the Senate having concurred in the House of Delegates amendments to the bill.

            The vote thereon having been reconsidered,

            On motion of Senator Carmichael, the Senate reconsidered its action by which it adopted Senator Carmichael's motion that the Senate concur in the House of Delegates amendments to the bill (shown in the Senate Journal of today, pages 46 to 48, inclusive).

            The vote thereon having been reconsidered,

            The question again being on the adoption of Senator Carmichael's motion that the Senate concur in the House of Delegates amendment to the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 30).

            Thereafter, at the request of Senator Carmichael, and by unanimous consent, his foregoing motion was withdrawn.

            On motion of Senator Carmichael, the following amendment to the House of Delegates amendment to the bill was reported by the Clerk and adopted:

            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. 30--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1-7, relating to shared animal ownership agreements to consume raw milk; acquiring percentage ownership interest in a milk-producing animal’s raw milk; providing for payment for a percentage ownership for care and boarding of a milk-producing animal; providing for receipt of a share of raw milk pursuant to an agreement; requiring written document acknowledging the inherent dangers of consuming raw milk; providing immunity to herd seller; agreeing not to distribute raw milk; prohibiting sale or resale of raw milk; requiring herd-sharing agreements be reported; requiring physicians to report any disease related to consumption of raw milk to local health department; setting forth required provisions for a herd sharing agreement; requiring a herd seller meet animal health requirements set by state veterinarian for milk-producing animals; setting forth required health standards for milk-producing animals; requiring a physician to report to local health department any diagnosis attributed to consumption of raw milk; providing rule-making authority; and providing administrative penalties.

            On motion of Senator Carmichael, the Senate concurred in the House of Delegates amendment, as amended.

            Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 30, as amended, was then put upon its passage.

            Pending discussion,

            Senator Sypolt moved the previous question, which motion prevailed.

            The previous question having been ordered, that being on the passage of Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 30.

            On the passage of the bill, the yeas were: Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Leonhardt, Maynard, Mullins, Nohe, Sypolt, Trump, Walters, Williams and Cole (Mr. President)--18.

            The nays were: Beach, Facemire, Kessler, Kirkendoll, Laird, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Takubo, Unger, Woelfel and Yost--15.

            Absent: Miller--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. 30) 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.

            The Senate proceeded to the eleventh order of business and the introduction of guests.

            The Senate then proceeded to the twelfth order of business.

            Remarks were made by Senator Palumbo.

            Thereafter, at the request of Senator Stollings, and by unanimous consent, the remarks by Senator Palumbo were ordered printed in the Appendix to the Journal.

            Pending announcement of meetings of standing committees of the Senate, including majority and minority party caucuses,

            On motion of Senator Carmichael, the Senate adjourned until tomorrow, Thursday, March 12, 2015, at 11 a.m.

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